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

Abiomed filed a declaratory judgment action seeking a declaration of non-infringement and invalidity of six Maquet patents relating to guidable intravascular blood pumps, and Maquet brought infringement counterclaims. Judge Saylor partially granted Abiomed’s motion to compel supplemental responses to Abiomed’s invalidity contentions. Maquet had originally asserted 98 claims, and Abiomed provided invalidity contentions as to all 98 claims. In response to a court order, Maquet narrowed the case to 35 claims; pursuant to the court’s order, Maquet will have to further narrow their case to 18 claims following the Markman order, after which Abiomed will have to narrow its list of primary references to 12. Maquet objected to responding to Abiomed’s invalidity contentions because they necessarily cover claims and prior art that will ultimately not be a part of the trial, and also asserted that Abiomed improperly sought expert analysis prematurely. Judge Saylor disagreed, noting that Maquet had the benefit of seeing Abiomed’s invalidity contentions prior to its initial narrowing of claims and that therefore Abiomed should get to see Maquet’s validity contentions prior to reducing the references it was asserting. Judge Saylor did, however, postpone the date by which Maquet would have to respond to the date that it would have to provide its final listing of 18 asserted claims, and limited Maquet’s response to validity contentions concerning those 18 claims. In a separate order, Judge Saylor denied Abiomed’s motion to compel discovery of Maquet’s patent assessments and valuations. Maquet had produced a presentation given to a different heart pump company that included reference to a proposal made by Maquet that made reference to the amount Maquet believed the company could obtain from Abiomed should the company acquire the patents. Abiomed, believing that this would reveal a substantially lower valuation than Maquet was seeking in damages, sought additional information on how Maquet came to the valuation in the proposals; Judge Saylor accepted Maquet’s representation that it had no non-privileged valuations to produce.

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