Maquet Cardiovascular LLC v. Abiomed, Inc. et al. (17-cv-12311).

Maquet sued Abiomed in the District of Massachusetts, alleging that Abiomed’s Impella pumps infringe Maquet’s recently-issued U.S. Patent No. 9,789,238 covering intravascular blood pumps. The two parties have been engaged in a hotly-contested battle in this area, with Abiomed having previously brought a declaratory judgment action in this District, seeking judgment of non-infringement of several related patents.  Maquet had added a counterclaim relating to the ‘238 patent in that matter, but withdrew the claim in the face of Abiomed’s motion to strike because Maquet had not first sought leave to include the new patent. Abiomed had also filed requests for inter partes review on a number of the family members, the bulk of which were not instituted. Direct, contributory, and induced infringement are alleged in the ‘238 case, and provisional damages and injunctive relief are sought.

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