A Medical Device Daily

There seems little end in sight for the ongoing patent infringement dispute between AGA Medical (Minneapolis) and Occlutech (Jena, Germany).

AGA fired the latest salvo this week, calling inaccurate last week’s statement by Occlutech, claiming that the European International Association for the Protection of Intellectual Property (AIPPI) supports Occlutech’s position in a dispute over European patent EP 0 808 138 for intravascular occlusion devices and the method of forming or manufacturing these devices (Medical Device Daily, Feb. 8, 2008).

AGA said Occlutech misrepresented the role of AIPPI, saying that according to AIPPI’s charter, it is “a trade and professional association and not an adjudicatory body,” and does not engage in arbitration.

“AIPPI is not the European International Association for the Protection of Intellectual Property” as Occlutech claims, and has “no connection with any European governmental entity,” AGA said.

AGA called “false and misleading” Occlutech’s suggestion that a proceeding of some sort was conducted before the AIPPI and that the organization agreed with Occlutech. AGA said it has not been involved in proceedings with Occlutech in which AIPPI has been involved, and AIPPI has not contacted AGA for its comments on any matter.”

AGA said, “after being found to be an infringer of AGA’s patent in Germany, Occlutech has made two attempts to stay enforcement in Germany, both ... unsuccessful. [Occlutech] made an unsuccessful attempt to obtain a ruling of non-infringement/invalidity in Italy that did not succeed [and] has been found guilty of violating the court order on infringement in Germany and was fined by the court.”

AGA said it is exploring available remedies under German law potent to prevent further misrepresentations by Occlutech.

AGA’s original action against Occlutech, filed in Dusseldorf in August 2006, requested damages against Occlutech, Drabo Medizintechnik (Cologne, Germany) and their CEOs, and further requested a permanent injunction prohibiting them from manufacturing and marketing the Figulla Occluder line of products (MDD, Aug. 29, 2006). AGA said that the three-judge panel held that Occlutech and Drabo infringed AGA’s patent and granted AGA the right to enforce an order prohibiting the defendants from any manufacture, possession or sale of its infringing products.

AGA develops interventional devices to treat heart defects; Occlutech manufactures coronary occlusion devices.

In other legalities:

• Lumenis (Yokneam, Israel) said it has scheduled a general meeting of shareholders to seek approval and authorization, in accordance with the Israeli Companies Law, of a proposed settlement of the securities class action litigation pending against the company in the federal court in New York since 2002.

A total of $20.1 million would be contributed to a settlement fund for the benefit of the class. While Lumenis would contribute a portion of this fund, the major portion would be paid by the company’s insurers, it said.

Assuming shareholder approval, the settlement will be subject to a number of conditions, including court approval of a definitive stipulation of settlement, a final court approval after there has been notice to the members of the class, and a hearing as to the fairness of the settlement. If approved by the court, the class action litigation will be dismissed with prejudice against Lumenis and the former Lumenis officers and directors who have been named as defendants, the company said.

Lumenis bills itself as Israel’s largest medical device company with more than 1,000 employees.