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

October 20, 2017 – In its ongoing dispute with Maquet Cardiovascular, Patent Trial and Appeal Board Administrative Patent Judge Jeremy M. Plenzler issued another decision on October 18, denying a further request by Abiomed, Inc., Abiomed R&D, Inc., and Abiomed Europe GmbH in two inter partes reviews of Maquet Cardiovascular, LLC’s U.S. Patent No. 9,597,437, entitled “Guidable Intravascular Blood Pump and Related Methods” in IPR2017-01207 and -01253.  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.

Related: PTAB Declines to Institute IPRs on Maquet Cardiovascular’s Blood Pump Technology (Sep. 22, 2017)

By: Frederick C. Millett

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