Occlutech Obtains Favourable Ruling in Proceedings Initiated by AGA Medical

JENA, Germany - Occlutech GmbH today announced that it had defeated a request for
insolvency, launched at the Amtsgericht Gera in Germany by its US competitor
AGA Medical.

The request by AGA was based on wrongful assumptions about Occlutech, and
AGA announced that it had started the said request to recover damages.
However, the court - Amtsgericht Gera in Germany - stated, that a proceeding
regarding any damages has not yet been started.

“Occlutech intends to maintain a healthy business in vascular
intervention based on excellent products for cardiac occlusion as well as
coronary and peripheral intervention. We have developed a new range of
innovative occluders for treating PFO and ASD in order not to violate the
recent German patent ruling,” said Tor Peters who was appointed CEO in late
January and continued: “We expect to be on the market shortly with the new
version.”

Occlutech won against AGA Medical in the Patent Court in The Hague in
October last year. AGA Medical appealed against this decision by the Patent
Court in The Hague and the proceeding is pending.

In Germany, AGA Medical won a patent infringement litigation before the
appeal court in Dusseldorf. This decision has no relevance outside Germany
though.

“Our response to this is threefold,” said Tor Peters. “First we decided
to appeal the court’s decision and initiated a complaint against the appeal
court’s revision-disallowance. The appeal court’s decision is therefore not
final, contrary to what was indicated by our competitor. Secondly, we are
pursuing invalidation proceedings to invalidate the relevant AGA Medical
patent. The case will be heard in Munich in September. Thirdly, we have
developed a version of the occluder that does not violate any ruling. This
occluder will be launched in Germany before the summer. Manufacturing,
development, marketing and sales outside of Germany have not been impacted
and will remain unchanged.”

Occlusion devices are used to treat structural heart disease, including
structural heart defects and abnormalities such as Atrial Septal Defects,
(ASD), and Patent Foramen Ovale (PFO, an undesired channel between the
heart’s two atria, present in up to 25% of the population), in minimally
invasive, non-surgical procedures. The market for PFO occluders is expected
to expand significantly as the link between PFO and stroke, that is the third
most common cause of death, as well as severe migraine becomes increasingly
well documented.

Press-Contact:
Tor Peters
tor.peters@occlutech.se
+46-42-33-65-20

Katrin Biedermann
katrin.biedermann@occlutech.de
Tel.: +49-3641-67-51-20

Source: Occlutech GmbH

Press-Contact: Tor Peters, tor.peters at occlutech.se, +46-42-33-65-20; Katrin Biedermann, katrin.biedermann at occlutech.de, Tel.: +49-3641-67-51-20