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Gore Prevails in Heart Device Patent Infringement Suit

W. L. Gore & Associates (Gore) today announced a favorable ruling involving the GORE® HELEX® Septal Occluder.

Flagstaff, Ariz. (August 5, 2013) — W. L. Gore & Associates (Gore) today announced a favorable ruling involving the GORE® HELEX® Septal Occluder. The Hon. Judge Joan Ericksen of the U.S. District Court for the District of Minnesota ruled on July 23, 2013 in Gore’s favor that the GORE HELEX Septal Occluder does not infringe the asserted claims of AGA Medical Corp.’s (AGA) U.S. Patent 5,944,738 (‘738 patent) and granted Gore’s request for summary judgment of non-infringement.*

In August 2010, Gore was sued for patent infringement by AGA, which became part of St. Jude Medical as of November 2010. AGA alleged that the GORE HELEX Septal Occluder infringed some claims of AGA’s ‘738 patent which covers certain transcatheter occlusion products for the treatment of heart defects. AGA sought damages against Gore and a permanent injunction prohibiting Gore from selling the GORE HELEX Septal Occluder both in the United States and abroad.

“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,” said Stuart Broyles, PhD, Associate with the Gore Medical Products Division. “We obtained four U.S. Patents related to this innovation (U.S. Patents 5,879,366; 6,080,182; 6,171,329; and 6,623,508.). We are happy with Judge Ericksen’s decision and are committed to continue to protect our innovations and invest in innovative medical device products to improve patient outcomes.”

AGA has the right to appeal this decision. Gore is represented by Faegre Baker Daniels, LLP Minneapolis, MN. AGA is represented by Carlson, Caspers, Vandenburgh, Lindquist & Schuman, P.A., Minneapolis, MN.


The Gore Medical Products Division has provided creative therapeutic solutions to complex medical problems for more than 35 years. During that time, more than 35 million innovative Gore Medical Devices have been implanted, saving and improving the quality of lives worldwide. The extensive Gore Medical family of products includes vascular grafts, endovascular and interventional devices, surgical meshes for hernia repair, soft tissue reconstruction, staple line reinforcement and sutures for use in vascular, cardiac, and general surgery. Gore is one of a select few companies to appear on all of the U.S. “100 Best Companies to Work For” lists since the rankings debuted in 1984.

*AGA Medical Corp. v. W. L. Gore & Associates, Inc, Civ. No. 10-3734 (JNE/JSM) (D. Minn.)

GORE®, HELEX®, and designs are trademarks of W. L. Gore & Associates.