Aga Medical Corporation v Occlutech (UK) Limited

Aga Medical Corporation v Occlutech (UK) Limited

The Patent is invalid due to anticipation by non-confidential disclosure during clinical trials in Bratislava and, alternatively, for obviousness over the Gu device; the disclosure was not confidential under English law; other grounds (added matter, insufficiency) failed; if valid, Occlutech's products would infringe except for the variant without internal fibres.

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 / Final Judgment After Trial
Outcome
Patent declared invalid for anticipation and obviousness; counterclaim academic.
Legal Topics
Patent Validity, Anticipation, Obviousness, Added Matter, Insufficiency, Infringement, Confidentiality in Clinical Trials
Intellectual Property Patent Law Patent Validity Anticipation Obviousness Added Matter Insufficiency Infringement +1 more

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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 / Final Judgment After Trial

Legal Issues

  1. 1 Whether EP (UK) No. 0,957,773 is invalid for anticipation, obviousness, insufficiency, or added matter
  2. 2 Whether Occlutech's devices infringe the Patent
  3. 3 Whether disclosure during clinical trials in Bratislava was confidential

Ratio Decidendi

The Patent is invalid due to anticipation by non-confidential disclosure during clinical trials in Bratislava and, alternatively, for obviousness over the Gu device; the disclosure was not confidential under English law; other grounds (added matter, insufficiency) failed; if valid, Occlutech's products would infringe except for the variant without internal fibres.

Court Disposition

Patent declared invalid for anticipation and obviousness; counterclaim academic.

Orders

  • Patent revoked for anticipation and obviousness.
  • If valid, finding of infringement against Occlutech's main products.