Düsseldorf court awards AGA Medical €2.1 million in Occlutech patent infringement case

Jul 1 2010

AGA Medical Holdings, Inc. (AGA Medical) (Nasdaq:AGAM) today announced the Düsseldorf Regional Court has awarded €2.1 million in damages to AGA Medical as a result of a patent infringement case filed by AGA Medical against Occlutech GmbH (Occlutech), based in Jena, Germany. AGA Medical is a leading developer of interventional devices for the minimally invasive treatment of structural heart defects and vascular abnormalities.

“Each positive ruling reinforces the strength of our patent portfolio and Occlutech's infringement of our intellectual property.”

AGA Medical had sued Occlutech for patent infringement of the German part of one of its European patents, granted in October 2005, for intravascular occlusion devices and the method of manufacturing such devices. The €2.1 million awarded to AGA Medical was the amount the company sought. Although subject to appeal, AGA Medical is entitled to immediately enforce the decision.

"AGA Medical has prevailed against Occlutech in two different branches of the German courts, won cases with respect to both patent validity and infringement, and now has been awarded significant damages by the Düsseldorf court," said John Barr, president and chief executive officer of AGA Medical. "Each positive ruling reinforces the strength of our patent portfolio and Occlutech's infringement of our intellectual property."

Timeline:

• August 2006: AGA Medical filed initial patent infringement suit against Occlutech.
• July 2007: Regional Court in Düsseldorf entered a judgment in AGA Medical's favor, which Occlutech subsequently appealed.
• December 2008: German Court of Appeals dismissed Occlutech's appeal and entered a judgment in favor of AGA Medical that Occlutech infringed its patent (appeal pending).
• October 2009: German Federal Patent Court ruled that AGA Medical's patent was valid (appeal pending).
• June 2010: Regional Court in Dusseldorf entered judgment awarding AGA Medical the entire amount requested of €2.1 million as damages resulting from Occlutech's infringement of AGA Medical's patent.