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AGA Medical Corp v Occlutech (UK) Ltd [2014] EWHC 2506 (Pat)

Case Summary  |  Judgment  |  22 July 2014


Judgment has recently been handed down in this patent case concerning medical devices in which members of Chambers appeared for both sides. Richard Meade QC appeared for AGA whilst Andrew Lykiardopoulos QC represented Occlutech.

AGA is the proprietor of a patent concerning a device for occluding an Atrial Septal Defect (a particular kind of hole in the heart). AGA claimed that a device marketed by Occlutech infringed the patent. Occlutech counterclaimed that the patent was invalid based on an alleged prior use of the device, obviousness and added matter. It also requested a declaration of non-infringement over a device designed to avoid the patent.

Giving judgment Roth J held that on the evidence the patent had been prior disclosed by the use of a prototype device in implantations in the Bratislava Children’s Hospital. The patent was also held to be obvious over a pre-priority date presentation. He rejected the attack based on added matter. The judge further held that had the patent been valid, Occlutech would have infringed but would also have been entitled to the declaration of non-infringement sought.