- In 2009 the Patents Court of the High Court, Chancery
Division, decided that Occlutech's range of Figulla ASD and PFO
occluders do not infringe the U.K. part of European Patent 0 808 138.
AGA Medical decided to appeal against this decision. The U.K. Court
of Appeal (civil division) in London announced its decision
confirming that said Figulla ASD and PFO occluders do not infringe
said patent. AGA asked for permission to appeal to the Supreme Court
(formerly called the House of Lords), but that application was
refused. It is now open to AGA to make an application direct to the
Supreme Court for permission to appeal, but permission is granted
only sparingly, such as in cases that involve a point of law of
general public importance.
Tor Peters, CEO of Occlutech says; "We are very happy with the
courts decision that again brings clarity to Occlutech's position
that our unique patented braiding technology is fundamentally
different from the old technology. The flexibility and versatility of
our products and the innovative delivery systems have helped us
obtain market leading positions in several markets and we intend to
expand this position over the next years."
Occlutech is a private company with R&D and manufacturing
activities in several European countries. Founded in 2003, the
company sells its innovative ASD and PFO occluders in over 40
countries, except Germany.
Occlusion devices are used to treat structural heart disease,
including structural heart defects and abnormalities such as Atrial
Septal Defects, (ASD), and Patent Foramen Ovale (PFO, an undesired
channel between the heart's two atria, present in up to 25% of the
population), in minimally invasive, non-surgical procedures. The
market for PFO occluders is expected to expand significantly as the
link between PFO and stroke, that is the third most common cause of
death, as well as severe migraine becomes increasingly well
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