St. Jude Loses Patent Spat Against WL Gore Over Septal Occluder

WL Gore (Flagstaff, AZ) announced a courtroom victory in its patent battle against St. Jude Medical.

WL Gore's Helex Septal Occluder faced patent infringement allegations by AGA Medical Corp, first receiving notice in August of 2010. In November of 2010, AGA was acquired by St. Jude for $1.3 billion.

AGA sought royalty payments and damages over alleged Gore's alleged patent infringement. While the plaintiffs in the lawsuit sought an injunction against U.S. sales, Gore is now free to keep its implant for sale. The company states that the implant is backed by 13 years of clinical data.

For its part, St. Jude still holds the right to appeal the federal judge's decision. In a press release, the company noted its disappointment in the verdict.

Both AGA and Gore's implant are designed to close a patient's patent foramen ovale, a hole found in the upper chambers of the heart. Under some conditions, this hole can allow blood clots to reach a patient's brain, increasing the risk of strokes.

"The GORE HELEX Septal Occluder has more than 13 years of successful clinical experience for treatment of atrial septal defects and was the first transcatheter device of its kind to use soft expanded polytetrafluoroethylene (ePTFE) patch material with a minimal wire frame," stated Stuart Broyles, PhD, an associate with Gore Medical Products.