Jena, Germany-based Occlutech said the U.K. Patents Court in the High Court of Justice ruled invalid a St. Jude patent covering "Percutaneous catheter-directed intravascular occlusion devices."
The decision follows a December 2013 ruling by the European Patent Office in Munich that revoked the patent "in its entirety as it extended beyond the application as filed," according to a press release. The British court’s ruling holds the patent invalid "due to public prior use of devices supplied by the inventors before the priority date of the patent," according to the release. St. Jude can appeal both rulings, Occlutech said.
"Obviously, we are very happy to, again, get confirmation that we are not infringing any issued and valid patent held by our competitor. Our aim is to develop superior, patented, life-saving implants that make a difference to physicians and patients and we look forward to move this process forward," Occlutech CEO Tor Peters said in prepared remarks.
St. Paul, Minn.-based St. Jude inherited the case, involving intravascular occlusion devices, after it acquired AGA Medical for more than $1 billion in 2010. Each side has logged victories since the case first hit German courts in 2006, with Occlutech eventually coming out on top in a ruling by the German Supreme Court in May 2011. St. Jude slapped Occlutech and Peters with another set of lawsuits the next month. Peters was at the center of another win against St. Jude, when a personal lawsuit against him was dismissed by a German court. In October 2011 an Italian court ruled that it didn’t infringe a portion of a St. Jude patent.