Occlutech GmbH v AGA Medical Corporation

Occlutech GmbH v AGA Medical Corporation

The claims, properly construed, require clamps (not welding) at both opposed ends of the device. Occlutech's devices, which use welding at only one end, do not infringe the patent claims.

Parties
Plaintiff: Occlutech GmbH; Defendant/appellant: AGA Medical Corporation; Third Party: DOT Medical Limited
Jurisdiction
England and Wales
Judgment Date
22 June 2010
Procedural Posture
Civil Appeal (patent) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; judgment for Occlutech upheld.
Legal Topics
Patent Infringement, Claim Construction, Medical Devices, European Patent Convention
Intellectual Property Patents Patent Infringement Claim Construction Medical Devices European Patent Convention

Case Brief

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Parties

Occlutech GmbH

Plaintiff

AGA Medical Corporation

Defendant/appellant

DOT Medical Limited

Third Party

Procedural Posture

Civil Appeal (patent) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Occlutech's devices infringe AGA's patent claims 1 and 16
  2. 2 Proper construction of 'clamps' and 'clamping the strands at the opposed ends of the device' in the patent claims

Ratio Decidendi

The claims, properly construed, require clamps (not welding) at both opposed ends of the device. Occlutech's devices, which use welding at only one end, do not infringe the patent claims.

Court Disposition

Appeal dismissed; judgment for Occlutech upheld.

Orders

  • Declaration of non-infringement in favour of Occlutech upheld.
  • No finding of patent invalidity; no cross-appeal on validity.