May 26, 2016 – Defendants Neovasc Inc. and Neovasc Tiara Inc.’s (“Neovasc”) motion for judgment as a matter of law was granted in an action filed by Plaintiff CardiAQ Valve Technologies, Inc. (“CardiAQ”). CardiAQ’s complaint asserted claims arising out of Neovasc’s alleged misuse of CardiAQ’s confidential information and trade secrets. Because “essentially all of Neovasc’s actionable conduct took place in Canada and not Massachusetts,” the court found that Neovasc could not be liable for any claims arising under the Massachusetts statute, Mass. Gen. Laws Ch. 93A § 11. The patent-at-issue is U.S. Patent No. 8,579,964, titled “Transcatheter mitral valve prosthesis,” which relates to a prosthetic heart valve delivered through a catheter to replace a malfunctioning native mitral valve without requiring open heart surgery. The case is number 14-cv-12405 and is before the United States District Court for the District of Massachusetts.
By: Katherine E. Adams