• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

MassDevice

The Medical Device Business Journal — Medical Device News & Articles | MassDevice

  • Special Reports
  • Technologies
    • Artificial Intelligence (AI)
    • Cardiovascular
    • Orthopedics
    • Neurological
    • Diabetes
    • Surgical Robotics
  • Business & Finance
    • Wall Street Beat
    • Earnings Reports
    • Funding Roundup
    • Mergers & Acquisitions
    • Initial Public Offering (IPO)
    • Legal News
    • Personnel Moves
    • Medtech 100 Stock Index
  • Regulatory
    • Food & Drug Administration (FDA)
    • Recalls
    • 510(k)
    • Pre-Market Approval (PMA)
    • MDSAP
    • Clinical Trials
  • Resources
    • About MassDevice
    • Leadership in Medtech
    • Manufacturers & Suppliers Search
    • MedTech100 Index
    • Videos
    • Webinars
    • Whitepapers
    • Voices
    • In-Depth Coverage
    • Latest News
  • Attend DeviceTalks
    • Events
      • DeviceTalks Minnesota – May 4
      • DeviceTalks Boston – May 27–28
      • DeviceTalks West
      • DeviceTalks Tuesdays
    • DeviceTalks Podcast Network
      • DeviceTalks Weekly
      • AbbottTalks
      • Boston ScientificTalks
      • DeviceTalks AI
      • IntuitiveTalks
      • MedtechWOMEN Talks
      • MedtronicTalks
      • Neuro Innovation Talks
      • Ortho Innovation Talks
      • Structural Heart Talks
      • StrykerTalks
  • Advertise
  • Subscribe
Home » Federal court revives Getinge heart pump patent suit against J&J’s Abiomed

Federal court revives Getinge heart pump patent suit against J&J’s Abiomed

March 24, 2025 By Sean Whooley

Figure 3 guidewire involved in Getinge Maquet Johnson & Johnson Abiomed patent lawsuit
A figure depicting a cross-sectional
view of the “over-the-wire” type guide mechanism at the center of litigation between Getinge and Abiomed. [Image from the court filing]
The U.S. Court of Appeals for the Federal Circuit has brought back a patent infringement case between Getinge’s Maquet and Johnson & Johnson’s Abiomed.

This lawsuit dates back to 2016, when heart pump maker Abiomed, now a Johnson & Johnson MedTech unit, sued Getinge’s Maquet for a judgment of non-infringement of a trio of patents. Counter-suits later brought the number of disputed patents to six. While that case was proceeding, another Maquet patent issued – U.S. patent No. 9,789,238 (238) covering a “guidable intravascular blood pump and related methods” – was added to the suit.

Maquet appealed a decision from the U.S. District Court for the District of Massachusetts that Abiomed did not infringe on certain claims relating to U.S. patent No. 10,238,783 (783). Maquet did not challenge the judgment of non-infringement on the 238 patent.

(The court document outlining the appeals court’s decision can be found here.)

A look at the decision that revives the suit between Getinge and Abiomed

In a March 21 decision, the court entered final judgment based on the stipulation of non-infringement in light of the district court’s construction of certain claims on patent 783. The appeals court determined that the district court misconstrued the claim terms at issue. Therefore, it rejected the constructions, vacated and remanded as to the 783 patent. Judges Reyna, Taranto, and Cunningham left the judgment on 238 undisturbed.

Patent 738 relates to an intravascular blood pump system for deploying a pump to a desired location in a patient’s circulatory system. It aimed to improve intravascular pump systems by eliminating the need for supplemental guide mechanisms. Its integrated guide mechanisms include “over-the-wire,” “side-rigger” or “rapid exchange” and “guide catheter” mechanisms.

Maquet argued that the district court erred in construing a claim around the guidewire not passing through the rotor hub or catheter within the 783 patent. It said there is no identicality in the claim limitations at issue and that it never made a clear and unmistakable claim disavowal of a guide wire running through the free space of the rotor blades during the prosecution of a separate patent. Effectively, the prosecution history of a patent (728) was not relevant to the 783 patent.

The appeals court held that the district court erred in construing the guide mechanism term around the guidewire in the 783 patent. Judges rejected the district court’s claim constructions and vacated the final judgment, remanding for proceedings consistent with their opinion.

Filed Under: Cardiac Implants, Cardiovascular, Featured, Legal News, Patent Infringement, Structural Heart Tagged With: Abiomed, Getinge, Johnson & Johnson, Johnson & Johnson MedTech, Maquet, Maquet Cardiovascular LLC

More recent news

  • Massachusetts Life Sciences Center offers grants to lower medtech commercial risk
  • The 10 largest medical device companies
  • CSL to drop Terumo for Haemonetics in US plasma collection supply deal
  • How 5 medtech CEOs design for access
  • Butterfly Network to chase ultrasound brain-computer interfaces with newcomer Bridge Neurotech

About Sean Whooley

Sean Whooley is a senior editor who mainly produces work for MassDevice, Medical Design & Outsourcing and Drug Delivery Business News. He received a bachelor's degree in multiplatform journalism from the University of Maryland, College Park. You can connect with him on LinkedIn or email him at [email protected].

Primary Sidebar

“md
EXPAND YOUR KNOWLEDGE AND STAY CONNECTED
Get the latest med device regulatory, business and technology news.

DeviceTalks Weekly

See More >
MDO ad
MDO ad

Footer

MASSDEVICE MEDICAL NETWORK

DeviceTalks
Drug Delivery Business News
Medical Design & Outsourcing
Medical Tubing + Extrusion
Drug Discovery & Development
Pharmaceutical Processing World
MedTech 100 Index
R&D World
Medical Design Sourcing

DeviceTalks Webinars, Podcasts, & Discussions

Attend our Monthly Webinars
Listen to our Weekly Podcasts
Join our DeviceTalks Tuesdays Discussion

MASSDEVICE

Subscribe to MassDevice E-Newsletter
Advertise with us
About
Contact us

Copyright © 2026 · Arrowfly LLC and its licensors. All rights reserved.
The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Arrowfly.

Privacy Policy