Occlutech GmbH received a favorable appeal ruling from a Dutch court in its ongoing patent battle with cardiac and vascular device maker AGA Medical Holdings Inc. (NSDQ:AGAM).
Plymouth, Minn.-based AGA appealed a first instance ruling regarding the same case in 2008.
In the new ruling, the appeals court saw no reason to change the first ruling, according to Occlutech. The Germany-based company said the decision is similar to the first instance and to appeals court rulings in the United Kingdom. The litigation stretches back to 2006.
The rulings are subject to further appeal by AGA.
The German Supreme Court recently announced that it has allowed Occlutech’s appeal for district and appeal court rulings in Dusseldorf in 2007 and 2008. Occlutech expects a final decision in the first half of 2011.
AGA is currently in the midst of a $1.3 billion acquisition deal with St. Jude Medical Inc. (NYSE:STJ).
A call and email to AGA were not immediately returned.