Healthcare Industry News: Patent Foramen Ovale
News Release - August 20, 2007
Occlutech Initiates Non-Infringement Proceedings and Files for Invalidation of AGA Medical's European Patent in the U.K.JENA, Germany, August 20 (HSMN NewsFeed) -- Occlutech GmbH, the leading European manufacturer of cardiac occlusion devices such as ASD, PFO and LAA occluders today announced that it has initiated invalidation proceedings against AGA's European patent in the U.K. Most of the broader claims interpreted into this patent by AGA Medical were not accepted by the examiners of the European Patent Office in the original patent approval process due to the existence of prior art. This creates a significant and justified basis for Occlutech to file for invalidation.
In addition, Occlutech is asking the U.K. court to rule that their devices are outside the claims of AGA's patent, on the grounds of substantial differences between the patent and the configuration of the Occlutech devices. No date has yet been fixed for the hearing, but Occlutech will be seeking an early ruling on these issues.
Occlutech's CEO Robert Moszner says; "We see a substantial chance that AGA's European patent will be invalidated by this and as a result of AGA's own actions and argumentation with the European Patent Office."
He continues, "Occlutech's technology base is very different from AGA's where we do an individual braiding of each device. Our unique technology and methods are superior and very different from anything else on the market and we are eager to have the non-infringement confirmed in court in the U.K. as early as possible."
Occlusion devices are used to treat structural heart disease, including structural heart defects and abnormalities, such as Atrial Septal Defects (ASD), or Patent Foramen Ovale (PFO), in a minimally invasive, non-surgical way. The market for these devices, and the PFO occluders in particular, are expected to expand significantly over the next few years.
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