Occlutech GmbH v. AGA Medical Corporation, AGA Medical Corporation v. Occlutech International AB and Tor Peters (private person), District Court of Stockholm, 4 March 2011, Docket No. T 18865-07 and T 4110-08 (joint cases)
Occlutech GmbH requested that the District Court should declare that it is free to sell its product in Sweden, irrespective of AGA Medical Corporation's EP patent for Sweden. The request was denied by AGA and, in response, AGA claimed that Occlutech's Swedish subsidiary (Occlutech International AB) and its chairman (Tor Peter) was guilty of infringement of AGA's patent (requesting an injunction and that examples of the product should be destroyed). The patent infringement case was denied.
In the District Court's assessment, AGA's alleged interpretation of the patent was more extensive than for which support could be found in the patent claims, in the patent description or from the patent application process. Due to the differences of the products, the District Court concluded that Occlutech's protect was outside the patent protection and also, consequently, that it did not infringe the patent. For the assessment of the alleged patent infringement, the Court also considered the doctrine of equivalents. However, neither on the basis of such assessment was the patent considered infringed.
Read the judgment (in Swedish) here.
Head note: Erik Ficks