Danvers, Mass.-based Abiomed sued Maquet in May 2016, asking Judge Dennis Saylor of the U.S. District Court for Massachusetts for a judgment of non-infringement of a trio of patents; counter-suits later brought the number of disputed patents to six.
Last week Maquet added the latest piece of intellectual property to the case, alleging that Abiomed infringes U.S. patent no. 9,597,437, covering a “Guidable Intravascular Blood Pump and Related Methods.” Maquet alleged that Abiomed’s Impella 2.5, the Impella 5.0, and the Impella CP infringe at least two claims of the patent, which was granted March 21, according to court documents.
Abiomed asked the patent office for a quartet of inter partes reviews of the ‘437 patent, according to the documents, but the Patent Trial & Appeals Board denied two of the petitions Oct. 18.
Maquet is seeking judgments of basic, induced, contributory and willful infringement, plus preliminary and permanent injunctions barring further alleged infringement, basic and triple willfulness damages and royalties. The company also wants Saylor to force Abiomed to cover its legal costs and to grant pre- and post-judgment interest, according to a Nov. 20 court filing.