On May 28, 2026, Desmarais LLP secured a complete jury victory for Abiomed Inc., a Johnson & Johnson MedTech company, in a patent infringement case brought by Maquet Cardiovascular LLC concerning blood pump technology.
Following trial in the U.S. District Court for the District of Massachusetts, the jury found that Abiomed did not infringe U.S. Patent No. 10,238,783. The jury also found that the asserted claim of the patent was invalid for lack of written description and lack of enablement.
In this long running dispute, Maquet filed the case in 2017, alleging that Abiomed’s blood pump technology infringed patents relating to intravascular blood pump systems. The case returned to the district court after the U.S. Court of Appeals for the Federal Circuit vacated an earlier noninfringement judgment concerning the ’783 patent.
The verdict is particularly notable because the jury found no infringement under the reverse doctrine of equivalents, an infrequently litigated patent-law doctrine that can defeat an infringement claim even where an accused product falls within the literal words of a patent claim. The jury separately found that the asserted claim of the ’783 patent was invalid.
“This was a hard-fought trial victory involving complex medical device technology and important principles of patent law,” said Brian Matty of Desmarais. “We are proud to have represented Abiomed and to have helped secure a verdict that recognizes the distinct innovation behind its life-saving heart pump technology.”
“This case required the jury to assess both the technical operation of Abiomed’s technology and the legal limits of Maquet’s patent claims,” said Kerri-Ann Limbeek of Desmarais. “We are grateful for the jury’s careful attention to the evidence and pleased with the result for Abiomed.”
The Desmarais trial team representing Abiomed included John Desmarais, Kerri-Ann Limbeek, Brian Matty, Adam Steinmetz, Frederick Ding, Amy Wann, Davis Gonsalves-DeDobbelaere, Caitri Feddeler, and Kyle Curry. Paralegal support included Ann Duggan, Declan Zuccolo, Sam Schneider, Gwen Brons, and Ivette Viera.
The case is Maquet Cardiovascular LLC v. Abiomed Inc. et al., No. 1:17-cv-12311, in the U.S. District Court for the District of Massachusetts.
Reuters – "Johnson & Johnson defeats heart-pump patent claims in US trial"
Law360 – "J&J Unit Cleared In Blood Pump Patent Suit In Mass."
Paul Bondor Named President of NYIPLA
Accolades
Desmarais LLP is pleased to announce that partner Paul Bondor has been appointed President of the New York Intellectual Property Law Association (NYIPLA), one of the nation’s leading professional organizations...
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