MINNEAPOLIS, Feb. 8 /PRNewswire/ -- 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.
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|SOURCE AGA Medical Corporation|
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