AGA Medical and Occlutech at it Again

AGA Medical, a subsidiary of St. Jude Medical, has filed two lawsuits against Helsingborg, Sweden-based Occlutech AB. The two companies have had legal issues with one another since 2006.

AGA Medical claims Occlutech’s atrial septal defect and patent foramen ovale closure/occlusion devices violate patents used in St. Jude Medical’s Amplatzer occlusion devices, which close structural heart defects through minimally invasive transcatheter treatments. Lawsuits have been filed in courts in both Germany and the United Kingdom.

“St. Jude Medical has made significant investments in the structural heart space,” said Frank Callaghan, president of the company’s cardiovascular division. “St. Jude Medical will closely protect our intellectual property so we can continue to bring products to the healthcare professionals we serve worldwide.”

AGA likely is hoping the tables are turned this time; the courts have sided with Occlutech in previous lawsuits. The German Supreme Court, an appeals court in the United Kingdom, as well as courts in Spain and the Netherlands all have ruled against AGA, though Occlutech was not without its troubles during the legal battles—in 2010, the company lost revenue from having constantly to defend itself; executives estimate that potential damage claims total more than 50 million Euros ($71.5 million).

“In spite of the significant cost caused by the litigation and the related lack of sales in several markets, Occlutech’s owners have funded work in maintaining and substantially strengthening Occlutech’s own patent position and on a full pipeline of new technologies and products,” a company statement said.

AGA Medical is based in Little Canada, Minn., only five miles from St. Paul, Minn.-based St. Jude Medical.