Healthcare Industry News:  Patent foramen ovale 

Devices Interventional Cardiology Litigation

 News Release - June 6, 2007

NMT Medical Wins Favorable Ruling in Patent Infringement Lawsuit Against Cardia

BOSTON--(HSMN NewsFeed)--NMT Medical, Inc. (Nasdaq: NMTI ), announced today that the Company and the Children's Medical Center Corporation (CMCC) have prevailed in the appeal of an August 29, 2006 decision from the U.S. District Court for the District of Minnesota regarding a patent infringement lawsuit with Cardia, Inc. of Burnsville, Minnesota.

The United States Court of Appeals for the Federal Circuit issued a ruling today sending back to the trial court a patent infringement suit filed by NMT Medical, Inc. and CMCC against Cardia, Inc. The trial court had issued a ruling that Cardia's Intrasept septal closure system does not infringe United States Patent No. 5,451,235, owned by CMCC and exclusively licensed by NMT Medical, Inc.

On appeal, the Federal Circuit ruled that the district court incorrectly interpreted one of the patent's claims and incorrectly found no triable issue of fact concerning other claims. The Federal Circuit remanded the case to the district court for further proceedings consistent with its opinion and instructed that on remand the district court may reconsider the question of summary judgment for NMT based upon the Federal Circuit's claim construction.

NMT's President and Chief Executive Officer John E. Ahern said, "We are pleased with the Court's decision today to rule in our favor. NMT's extensive patent portfolio gives the Company a distinct advantage over its competition in the structural heart repair market. It is our policy to always defend our leadership position when we believe our intellectual property has been infringed upon."

About NMT Medical, Inc.

NMT Medical is an advanced medical technology company that designs, develops, manufactures and markets proprietary implant technologies that allow interventional cardiologists to treat structural heart disease through minimally invasive, catheter-based procedures. NMT Medical is currently investigating the potential connection between a common heart defect that allows a right to left shunt or flow of blood through a defect like a Patent foramen ovale (PFO) and brain attacks such as migraine headaches, embolic stroke and transient ischemic attacks (TIAs). A common right to left shunt can allow venous blood, unfiltered and unmanaged by the lungs, to enter the arterial circulation of the brain, possibly triggering a cerebral event or brain attack. More than 24,000 PFOs have been treated globally with NMT's minimally invasive, catheter-based implant technology.

The prevalence of migraines in the United States is about 10%. Of the 28 million migraine sufferers in America, those who experience aura and have a PFO may represent a three million patient subset. Stroke is the third leading cause of death in the United States and the leading cause of disability in adults. Each year, 750,000 Americans suffer a new or recurrent stroke and an additional 500,000 Americans experience a TIA.

For more information about NMT Medical, please visit

Source: NMT Medical

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