*Aga Medical Corporation v Occlutech (UK) Ltd

Patent – Infringement. The claimant owned a patent for a medical device for occluding an atrial septal defect, often referred to as a 'hole in the heart'. The defendant contended, among other things, that the patent was invalid on grounds including anticipation through prior disclosure to doctors at a children's hospital where the claimant had conducted clinical trials of the new occlude device. The Patents Court held that the patent was invalid on the grounds of anticipation or, alternatively, obviousness. There had been no presumption of confidentiality, as contended by the claimant, simply because the device had been disclosed at a clinical trial.

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