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."
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