PTAB Declines to Institute IPRs on Maquet Cardiovascular’s Blood Pump Technology

September 22, 2017 – Patent Trial and Appeal Board Administrative Patent Judge Jeremy M. Plenzler issued two decisions on September 20, denying requests by Abiomed, Inc., Abiomed R&D, Inc., and Abiomed Europe GmbH in four inter partes reviews of Maquet Cardiovascular, LLC’s U.S. Patent Nos. 8,888,728 and 9,327,068, entitled “Guidable Intravascular Blood Pump and Related Methods” in IPR2017-01026, -01027, -01028, and -01029.  APJ Plenzler, along with panel members Bart A. Gerstenblith and Kevin W. Cherry, declined to institute the IPRs because Abiomed’s petition failed to establish that the features of the different embodiments in the prior art were interchangeable or provide sufficient rationale to combine the teachings of the prior art.  The patents at issue are directed to an improved intravascular blood pump system.

By: Frederick C. Millett