Aga Medical Corporation v Occlutech (UK) Limited [2014] EWHC 2506 (Pat) (22 July 2014)

Aga Medical Corporation v Occlutech (UK) Limited [2014] EWHC 2506 (Pat) (22 July 2014)

The patent is invalid for lack of novelty because at least some of the devices implanted in the Bratislava clinical trials in September 1995 had a cupped disc as claimed, and the disclosure to the Slovak doctors was not confidential under English law. The circumstances did not give rise to an obligation of confidence, so the disclosure was enabling prior art. Other grounds of invalidity were academic but addressed; the patent was not obvious over the Gu device, but this did not affect the outcome.

Citation
[2014] EWHC 2506 (Pat)
Parties
Claimant/part 20 Defendant: AGA Medical Corporation; Defendant/part 20 Claimant: Occlutech (UK) Limited
Jurisdiction
England and Wales
Judgment Date
22 July 2014
Procedural Posture
Patent Infringement and Validity Proceedings / First Instance Judgment
Outcome
Patent held invalid for lack of novelty; claim dismissed.
Legal Topics
Patent Infringement, Patent Validity, Anticipation, Obviousness, Confidentiality in Clinical Trials
Intellectual Property Patent Law Patent Infringement Patent Validity Anticipation Obviousness Confidentiality in Clinical Trials

Case Brief

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Parties

AGA Medical Corporation

Claimant/part 20 Defendant

Occlutech (UK) Limited

Defendant/part 20 Claimant

Procedural Posture

Patent Infringement and Validity Proceedings / First Instance Judgment

Legal Issues

  1. 1 Whether the patent is anticipated by prior disclosure during clinical trials in Bratislava
  2. 2 Whether the patent is obvious over the Gu device and presentation
  3. 3 Whether the patent is insufficient or contains added matter

Ratio Decidendi

The patent is invalid for lack of novelty because at least some of the devices implanted in the Bratislava clinical trials in September 1995 had a cupped disc as claimed, and the disclosure to the Slovak doctors was not confidential under English law. The circumstances did not give rise to an obligation of confidence, so the disclosure was enabling prior art. Other grounds of invalidity were academic but addressed; the patent was not obvious over the Gu device, but this did not affect the outcome.

Court Disposition

Patent held invalid for lack of novelty; claim dismissed.

Orders

  • Claim for infringement dismissed
  • Counterclaim for declaration of non-infringement not determined due to invalidity finding