Healthcare Industry News:  AMPLATZER 

Devices Interventional Litigation

 News Release - January 6, 2009

German Appeals Court Rules in Favor of AGA Medical in Patent Infringement Lawsuit Against Occlutech

MINNEAPOLIS, Jan. 6 -- (Healthcare Sales & Marketing Network) -- AGA Medical Holdings, Inc. ("AGA Medical" or "AGA") announced today that a German appeals court has ruled in its favor in a patent infringement proceeding against Occlutech GmbH, headquartered in Jena, Germany. The lawsuit was brought by AGA in 2006 in Dusseldorf, Germany seeking to enjoin Occlutech from infringing the German part of AGA's European patent (EP 0 808 138) and for damages resulting therefrom. The amount of damages and other remedies will be decided in enforcement proceedings in the near future.

Following the District Court's decision in July 2007, requiring destruction of the infringing product and the entry of an injunction, Occlutech appealed the ruling and introduced its Figulla N product, which it maintained was non-infringing. The appeals court not only affirmed the findings of the District Court, but also found that the Figulla N occluder was not materially different from Occlutech's original product, and thus subject to the injunction and resulted in damages to AGA Medical. The appeals court further has declined Occlutech's request to stay the infringement proceedings in light of parallel invalidity proceedings pending at the Federal Patents Court.

"The positive ruling of the German appeals court confirms our rightful ownership of this technology and supports the original ruling that Occlutech's products are a clear infringement on our intellectual property," said John Barr, President and CEO of AGA Medical. "We are pleased with the outcome and will continue to vigilantly defend our intellectual property rights throughout the world."

About AGA Medical

AGA Medical, based in Plymouth, Minnesota, is a leader in developing interventional devices for the minimally invasive treatment of cardiovascular defects and peripheral vascular disease. Founded in 1995 by Dr. Kurt Amplatz, a former professor and researcher at the University of Minnesota Department of Radiology, AGA Medical develops and commercializes devices for a range of structural heart repair and circulatory conditions. Several of these devices have been major innovations in the treatment of the most common congenital "holes in the heart", such as atrial septal defects and patent foramen ovales.

More than 700 articles have been published in medical literature 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 101 countries. For more information, visit http://www.AMPLATZER.com.


Source: AGA Medical Holdings

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