Background
Maquet Cardiovascular LLC, a subsidiary of Swedish medical device company Getinge AB, alleged that Abiomed Inc. (now a Johnson & Johnson MedTech subsidiary) infringed several patents relating to intravascular heart pump technology. The patents-in-suit covered aspects of percutaneous ventricular assist device (pVAD) technology used in cardiovascular care — the same technology embodied in Abiomed’s blockbuster Impella heart pump product line.
The case has a complex procedural history. After claim construction in 2024, the Federal Circuit remanded the case. In pre-trial rulings earlier in 2026, the court struck Abiomed’s indefiniteness and means-plus-function arguments but preserved its written description invalidity defense. Earlier this year, the court also denied summary judgment on Maquet’s doctrine of equivalents theory, sending both literal infringement and equivalents questions to the jury.
The case proceeded to a jury trial in the District of Massachusetts in May 2026.
The Court’s Holding
On May 28, 2026, the jury returned a verdict finding that Abiomed’s Impella devices do not infringe any of Maquet’s asserted intravascular heart pump patents. The jury found no infringement under either literal infringement or the doctrine of equivalents theories.
This verdict represents a complete defense win for Abiomed/J&J, which had argued that the Impella’s technology operates differently from what is claimed in Maquet’s patents. Maquet has indicated it is evaluating the verdict and considering its post-trial options.
Key Takeaways
- Complete defense verdict on non-infringement. Despite years of litigation and multiple rounds of summary judgment and claim construction, the jury ultimately found Abiomed’s products do not fall within Maquet’s patent claims.
- Written description defense preserved but not needed. Although the court preserved Abiomed’s written description invalidity defense for trial, the non-infringement verdict means the invalidity question was likely moot.
- High-stakes medical device patent litigation. The Impella is one of the most commercially successful heart pump platforms globally. A finding of infringement could have resulted in substantial damages given Abiomed’s multi-billion-dollar Impella revenue.
Why It Matters
This verdict resolves one of the most significant pending patent disputes in the medical device industry. The Impella heart pump is a critical tool in cardiovascular intervention, and the resolution of this case removes a cloud of uncertainty over J&J’s MedTech division. For Getinge/Maquet, the verdict is a setback in their effort to leverage their patent portfolio against a dominant market competitor. Post-trial motions or an appeal to the Federal Circuit remain possible.
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