Untitled case

Miracor Medical SA has initiated a patent infringement lawsuit against Abbott Laboratories and its subsidiary Thoratec LLC in the U.S. District Court for the Northern District of Illinois, case number 1:23-cv-16257, filed on November 27, 2023. Plaintiff Miracor Medical SA is a European medical technology company based in Belgium, specializing in innovative solutions for severe cardiac diseases, particularly focusing on the PiCSO Impulse System, a medical device designed to reduce infarct size and improve cardiac function for patients with acute myocardial infarction. Defendant Abbott Laboratories is a multinational medical devices and healthcare company headquartered in Abbott Park, Illinois, known for its diverse portfolio in diagnostics, medical devices, nutrition, and pharmaceuticals.

The lawsuit alleges that Abbott infringes six U.S. patents held by Miracor, including U.S. Patent No. 11,351,356. The asserted patents broadly relate to "a device to assist the performance of a heart" and involve left ventricular assist devices (LVADs) and left ventricular assist systems (LVAS). Specifically, Miracor accuses Abbott's HeartMate 3 LVAD blood pump, HeartMate 3 System Controller, HeartMate System Monitor, and HeartMate Touch Communication System of infringement. U.S. Patent No. 11,351,356, titled "Device to assist the performance of a heart," generally describes an apparatus configured to assist the heart's function, often in the context of improving myocardial perfusion and cardiac output in patients with heart failure.

The case is proceeding in the Northern District of Illinois, Eastern Division, before the Honorable Judge Sunil R. Harjani, with Magistrate Judge M. David Weisman also assigned. In a significant development, the Court granted Abbott's motion for a partial stay of proceedings on February 4, 2025, pending the resolution of Inter Partes Review (IPR) petitions filed by Abbott against all six asserted patents at the Patent Trial and Appeal Board (PTAB). This litigation is notable as it involves a European medtech intellectual property holder challenging a major U.S. market leader in the critical cardiac assist device market, where Abbott's HeartMate 3 holds a commanding position. The IPR linkage and the partial stay are significant, as the PTAB's decisions on patent validity could heavily influence the district court proceedings and set precedents for patent enforcement in the highly competitive medical device industry.

Key Legal Developments and Outcome for MIRACOR MEDICAL SA v. ABBOTT LABORATORIES et al

This patent infringement litigation, filed in the Illinois Northern District Court, has seen initial pleadings and a significant stay pending the outcome of parallel inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB). The case, 1:23-cv-16257, involves Plaintiff MIRACOR MEDICAL SA and Defendants ABBOTT LABORATORIES and THORATEC LLC.

Chronological Developments:

2023

• November 27, 2023 – Complaint Filed: MIRACOR MEDICAL SA filed a patent infringement lawsuit against Abbott Laboratories and Thoratec LLC, asserting infringement of six U.S. Patents: 11,351,356, 11,351,357, 11,376,415, 11,572,879, 11,674,517, and 11,754,077.
• December 2023 (estimated) – Defendants' Appearance and Counterclaims: Defendants Abbott Laboratories and Thoratec LLC appeared in the case and filed counterclaims. Specific filing dates for these initial pleadings were not immediately available, but docket entries indicate Abbott and Thoratec as "Counter Claimant" and Miracor Medical SA as "Counterclaim Defendant."

2024

• November 27, 2024 – IPR Petitions Filed for US Patents: Abbott Laboratories filed multiple inter partes review (IPR) petitions with the PTAB challenging the validity of Miracor Medical SA's asserted patents. For instance, IPR2025-00096 was filed against US Patent No. 11,351,356, and IPR2025-00116 was filed against US Patent No. 11,754,077.

2025

• February 4, 2025 – Motion for Partial Stay Granted: The District Court granted Abbott's motion for a partial stay of proceedings, pending resolution of the IPRs filed by Abbott. The court also set parameters for ongoing discovery.
• February 13, 2025 – Case Deadlines Temporarily Stayed: In the interest of judicial economy and to conserve resources, the District Court issued an order granting a full stay of the case. All remaining deadlines, including final contentions, claim construction exchanges, and claim construction briefing, were vacated until the PTAB issues institution decisions for the IPRs addressing all asserted patents. Following these decisions, the parties are to meet and confer to file a joint status report regarding the continuation, lifting, or modification of the stay.
• June 11, 2025 – IPR2025-00116 Instituted: The Patent Trial and Appeal Board instituted IPR2025-00116 concerning US Patent No. 11,754,077. The status of this IPR is "Trial Instituted."
• Late 2025 / Early 2026 (expected) – Institution Decisions for Other IPRs: Based on the typical PTAB timeline of issuing institution decisions within six months of a petition filing, decisions for other IPRs filed in November 2024, such as IPR2025-00096 for US Patent No. 11,351,356, would be expected around this time.

Current Posture:

As of June 16, 2026, the district court litigation (1:23-cv-16257) remains stayed pending the institution decisions from the PTAB on all IPRs challenging the asserted patents. At least one IPR (IPR2025-00116) has been instituted for US Patent No. 11,754,077. The status of other IPRs, including IPR2025-00096 for US Patent No. 11,351,356, regarding their institution decisions, will dictate further action in the district court case. Claim construction (Markman) proceedings have not occurred, and no trial events, verdicts, or final judgments have been reached due to the ongoing stay.

Counsel Identified for Plaintiff Miracor Medical SA in Patent Infringement Case

Chicago, IL – In the patent infringement case MIRACOR MEDICAL SA v. ABBOTT LABORATORIES et al. (Case No. 1:23-cv-16257) filed in the U.S. District Court for the Northern District of Illinois, Barnes & Thornburg LLP has been identified as representing the plaintiff, Miracor Medical SA.

The following attorney has made an appearance on record for Miracor Medical SA:

• Todd G. Vare
  • Role: Counsel
  • Firm: Barnes & Thornburg LLP
  • Office Location: While not explicitly stated in the immediate search results for this case, Barnes & Thornburg has a significant intellectual property practice. General search for Todd G. Vare and Barnes & Thornburg suggests multiple offices, but typically, an attorney appearing in a district court would be associated with an office in that region or a major IP hub.
  • Relevant Patent Litigation Experience: As counsel in this patent infringement case, Todd G. Vare's experience would likely involve patent litigation, a core aspect of this lawsuit concerning U.S. Patent No. 11,351,356 and other related patents.

Further details regarding specific roles (e.g., lead counsel, local counsel) and additional attorneys from Barnes & Thornburg LLP representing Miracor Medical SA in this particular case were not explicitly detailed in the publicly available snippets, beyond Todd G. Vare's appearance. It is common for a legal team to involve multiple attorneys in various capacities.

Here's an analysis of the counsel representing the defendant(s) in Miracor Medical SA v. Abbott Laboratories et al., Case No. 1:23-cv-16257, in the U.S. District Court for the Northern District of Illinois:

Defendants: Abbott Laboratories and Thoratec LLC.

While specific counsel appointments are not explicitly detailed in the provided search snippets, general information about the case and related PTAB actions can sometimes indicate firms involved. Given the nature of patent litigation and the parties involved, major law firms specializing in intellectual property are typically engaged.

However, based on the provided search results, direct listings of specific attorneys for the defendants (Abbott Laboratories and Thoratec LLC) in this particular district court case (1:23-cv-16257) are not available. The snippets mention the parties and the case number but do not break down the legal representation by name, role, or firm.

Therefore, without further direct docket access or more specific search results, the counsel of record representing the defendant(s) cannot be fully identified at this time. Filings for counsel appearances might be found on the PACER docket, which was not directly accessed by the search.

It is noted that Abbott Laboratories is involved in an Inter Partes Review (IPR) related to a heart assist blood pump patent, IPR2025-00116, challenging Miracor Medical SA's patent on obviousness grounds. While this indicates active patent litigation, it doesn't directly name the attorneys for the district court case.