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Aga Medical Corporation v Occlutech (UK) Limited [2014] EWHC 2506 (Pat)

Case Summary  |  Judgment  |  22 July 2014


Richard Meade QC appeared as lead counsel for AGA Medical Corporation, the Claimant and PT20 Defendant, against Andrew Lykiardopoulos QC who acted as lead counsel for Occlutech (UK) Limited, the Defendant and PT20 Claimant. This was an infringement action relating to a patent concerning a medical device for occluding defects in the atrial septum of the heart, e.g. a “hole in the heart”. The Defendants counterclaimed for a declaration of non-infringement.
Roth J held that the patent was invalid on grounds of anticipation, or alternatively, obviousness, both of which arose from the Claimant’s own conduct. Attacks of added matter and insufficiency failed. If the patent had been valid, most of Occlutech’s products in issue would have infringed.

Richard Meade QC was instructed by Hogan Lovells International LLP
Andrew Lykiardopoulos QC was instructed by Marks & Clerk Solicitors LLP