Healthcare Industry News:  Occlutech 

Devices Litigation

 News Release - February 8, 2008

AGA Medical Corporation Responds to Occlutech Statement on the Status of the Ongoing Patent Litigation in Europe

MINNEAPOLIS, Feb. 8 (HSMN NewsFeed) -- AGA Medical today issued the following response to a press release distributed on February 7, 2008 regarding a purported victory Occlutech GmbH had achieved in the AIPPI in AGA's patent dispute with Occlutech. The release suggested that a proceeding of some sort was conducted before the AIPPI and that organization agreed with the Occlutech position. That suggestion is false and misleading. AGA has not been involved in any proceedings with Occlutech in which AIPPI has been involved. AIPPI has not contacted AGA for its comments on any matter.

According to its charter, AIPPI is characterized as a trade and professional association and not an adjudicatory body. AIPPI does not seem to engage in any arbitration work. AIPPI is not the "European International Association for the Protection of Intellectual Property" as Occlutech claims, but is simply the International Association for the Protection of Intellectual Property, having no connection with any European governmental entity.

The facts are as follows: after being found to be an infringer of AGA's patent in Germany, Occlutech has made two attempts to stay enforcement in Germany, both of which were unsuccessful. They made an unsuccessful attempt to obtain a ruling of non-infringement/invalidity in Italy that did not succeed. In addition, Occlutech has been found guilty of violating the Court order on infringement in Germany and was fined by the court. The injunction of the German court remains in place.

Additionally, AGA Medical is exploring remedies under German law that might be available to prevent such misrepresentations from continuing.

ABOUT AGA MEDICAL: AGA Medical Corporation, based in Plymouth, Minnesota (just outside Minneapolis) is the leader in developing interventional devices to treat structural heart defects. As a result of the many contributions and creative genius of Dr. Kurt Amplatz, the Company has developed and commercializes a series of devices that have revolutionized the treatment of the most common congenital "holes in the heart" such as atrial septal and patent foramen ovale defects. The company is expanding into new areas such as the minimally invasive repair of vascular abnormalities. Over 790 articles have been published in peer reviewed medical publications that support the benefits of AGA Medical devices including improved patient outcomes, reduced length of stay and accelerated recovery times for the patient, AGA Medical devices have received regulatory approval and are marketed in over 100 countries with over 278,000 devices shipped to date. For more information visit www.amplatzer.com.


Source: AGA Medical

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