Abiomed, Inc. v. Maquet Cardiovascular, LLC (16-cv-10914).

  • August 28, 2019

Judge Saylor granted in part and denied in part Abiomed 2019s motion to strike Maquet 2019s second supplemental non-infringement contentions. Maquet, who asserted patent infringement counterclaims, sought to add a claim under 35 U.S.C. 00a7 271(f), which prohibits the export of all or a substantial portion of a patented invention for assembly abroad. Judge Saylor struck this part of the contentions, finding that Maquet 2019s counterclaims did not refer to 271(f) and made no factual allegations from which a 271(f) claim could be inferred, and thus Maquet should follow the requirements of F.R.C.P. 15. Judge Saylor refused to strike portions of the second supplemental contentions that added new infringement contentions concerning the 201cguide mechanism 201d term. He noted that, through inadvertence, his scheduling order did not literally prevent the service of supplemental contentions, and accepted Maquet 2019s assertion that the amendment was based on 201cnewly adduced 201d evidence not previously available to it. Maquet further assured the Court that the amendment narrows the asserted claims and 201celaborates and refines 201d their infringement theory. He did ban any further amendment of the infringement contentions.

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