Alan G. Carlson | Tara C. Norgard | J. Derek Vandenburgh

In 2007, the University of Minnesota filed suit against AGA Medical (now owned by St. Jude Medical), alleging infringement of two patents (U.S. Patent No. 6,077,281 and U.S. Patent No. 6,077,291) in the design of our client’s AMPLATZER™ septal occluders, which are medical devices used to close abnormal holes in the wall of the heart.  In 2008, the Minnesota District Court granted AGA’s motion for partial summary judgment that the ‘291 patent was expired and unenforceable.  AGA successfully intervened in and opposed the University’s case to reinstate the patent, with the Federal Circuit affirming the patent’s expiration.  Regents of the University of Minnesota v. Kappos, 2010-1321 (Fed. Cir. 2011).

AGA continued to prevail in the Minnesota District Court, winning consecutive summary judgments in 2011 that the ‘291 patent was not infringed and that the ‘281 patent was invalid.  The Federal Circuit affirmed AGA’s victories on both fronts and brought an end to the University’s case.  Regents of the University of Minnesota v. AGA Medical Corp., 717 F.3d 929 (Fed. Cir. 2013).