Untitled case

Miracor Medical S.A. Levels Patent Infringement Claims Against Abbott Laboratories and Thoratec LLC in Illinois Federal Court

CHICAGO, IL – A patent infringement lawsuit, Miracor Medical SA v. Abbott Laboratories et al., Case No. 1:23-cv-16257, is currently underway in the U.S. District Court for the Northern District of Illinois. The case pits Miracor Medical SA, a European medical device company, against multinational healthcare giant Abbott Laboratories and its subsidiary, Thoratec LLC. Miracor Medical, based in Belgium, is an operating company focused on developing innovative therapies for patients with impaired cardiac function, particularly those suffering from acute myocardial infarction (AMI) and heart failure. Their primary product is the PiCSO® Impulse System, a pressure-controlled intermittent coronary sinus occlusion system designed to reduce infarct size and improve cardiac function after a heart attack. Defendants Abbott Laboratories, headquartered in Abbott Park, Illinois, and Thoratec LLC, a world leader in mechanical circulatory support devices (acquired by St. Jude Medical in 2015 and then by Abbott in 2017), are major players in the cardiovascular medical device market. They manufacture and market a range of products including ventricular assist devices (VADs) such as the HeartMate II and HeartMate 3 Left Ventricular Assist Systems (LVAS), which assist failing hearts in pumping blood.

Miracor Medical S.A. alleges that Abbott Laboratories and Thoratec LLC infringe six U.S. patents: 11,351,356; 11,351,357; 11,376,415; 11,572,879; 11,674,517; and 11,754,077. These patents generally relate to methods and systems for improving myocardial perfusion and cardiac function, particularly through intermittent coronary sinus occlusion to treat conditions like acute myocardial infarction. The specific accused products from Abbott and Thoratec are not explicitly detailed in publicly available summaries but are understood to be certain cardiovascular devices, likely within their portfolio of heart failure treatment technologies such as the HeartMate LVADs, given the defendants' primary business and the nature of Miracor's patents. The case was filed on November 27, 2023, and is currently stayed pending resolution of Inter Partes Review (IPR) petitions filed by Abbott against all asserted patents at the Patent Trial and Appeal Board (PTAB). The Honorable Judge Sunil R. Harjani and Magistrate Judge M. David Weisman are presiding over the case in the Northern District of Illinois.

The choice of the Northern District of Illinois as the venue is likely due to Abbott Laboratories' headquarters being located in Abbott Park, Illinois, establishing a clear jurisdictional link for the defendants. This district is also known for its participation in the Patent Pilot Program, with judges who volunteer to hear patent cases and possess experience in patent litigation, offering a degree of specialized knowledge. The case is notable for several reasons, including the direct competition between an innovative European medical device company and a global healthcare giant in the critical field of cardiovascular treatment. Furthermore, Miracor Medical's PiCSO system is not currently available for sale in the United States, indicating that this litigation may be a strategic move to clear the market or establish patent rights prior to or concurrent with a planned U.S. market entry. The ongoing IPR proceedings also highlight the common interplay between district court litigation and PTAB challenges in complex patent disputes within the medical device industry.

This patent infringement litigation, Case No. 1:23-cv-16257, was filed in the U.S. District Court for the Northern District of Illinois.

Key Legal Developments and Outcome:

• Filing & Initial Pleadings:

  • Complaint Filed: Plaintiff Miracor Medical SA initiated the lawsuit on November 27, 2023, against Defendants Abbott Laboratories and Thoratec LLC. Miracor Medical SA asserts that the Defendants infringe six U.S. Patents: 11,351,356, 11,351,357, 11,376,415, 11,572,879, 11,674,517, and 11,754,077.
  • While specific details of the answer and counterclaims are not explicitly available in the search results, it is implied that Defendants contested the claims, as they subsequently filed petitions for Inter Partes Review (IPR) and a motion to stay the district court proceedings.

• Pre-trial Motions of Substance:

  • Motion to Stay Pending IPR: Defendants Abbott Laboratories and Thoratec LLC filed petitions for Inter Partes Review (IPR) for the asserted patents. They subsequently moved the district court to stay the litigation pending the resolution of these IPRs.
  • Stay Granted: On February 4, 2025, the District Court granted Abbott's motion for a partial stay of proceedings. An order to temporarily stay case deadlines was officially filed on February 13, 2025 (Document #125). This order vacated all remaining deadlines, including those for final contentions, claim construction exchanges, and claim construction briefing, until the Patent Trial and Appeal Board (PTAB) issues institution decisions for the IPRs addressing all six asserted patents. The order also set parameters for ongoing discovery.

• Claim Construction (Markman) Outcomes:

  • The case has not reached the claim construction stage, as the relevant deadlines were vacated by the court's stay order pending the PTAB's institution decisions for the IPRs.

• Discovery Milestones:

  • While the case is largely stayed, the court's February 13, 2025 order granting the partial stay did set parameters for the parties' ongoing discovery, indicating some discovery may proceed in parallel with the IPRs, though specific strategic milestones are not detailed in the available information.

• Trial Events, Verdict, and Post-trial Motions:

  • These stages have not been reached, as the case is currently stayed.

• Settlement, Dismissal, Judgment, or Appeal:

  • The case is currently active and in a stayed posture pending the outcomes of the related IPR proceedings before the PTAB.

• Parallel PTAB IPR Proceedings:

  • Abbott Laboratories has filed multiple IPR petitions challenging the validity of Miracor Medical SA's asserted patents.
  • Regarding U.S. Patent No. 11,572,879, IPR2025-00114 was filed by Abbott Laboratories against Miracor Medical SA on November 27, 2024, and has been instituted by the PTAB. The institution date for this IPR was June 10, 2025.
  • Other IPRs also target the patents asserted in the district court litigation, including IPR2025-00096 (for 11,351,356), IPR2025-00112 (for 11,351,357), IPR2025-00113, IPR2025-00115, and IPR2025-00116 (for 11,754,077). For instance, IPR2025-00116, challenging patent 11,754,077, was filed on November 27, 2024, and instituted on June 11, 2025.
  • The District Court's stay is contingent on the PTAB issuing institution decisions for all Abbott IPRs related to the asserted patents. Once these decisions are rendered, the parties are required to meet, confer, and file a joint status report within 14 calendar days, outlining their positions on the continuation of the stay.

Miracor Medical SA, the plaintiff in Miracor Medical SA v. Abbott Laboratories et al. (1:23-cv-16257) in the Illinois Northern District Court, is represented by a team of attorneys from Barnes & Thornburg LLP. The case, filed on November 27, 2023, has been consolidated with related proceedings under the lead docket 1:23-cv-16257.

The counsel of record identified for Miracor Medical SA include:

• Todd G. Vare

  • Role: Lead Counsel
  • Firm: Barnes & Thornburg LLP, Indianapolis, IN
  • Experience Note: Mr. Vare is a partner with a national trial practice focusing on patent litigation across various technologies, including medical devices. He has extensive experience in federal district courts and before the U.S. Court of Appeals for the Federal Circuit, and also represents clients in inter partes review (IPR) matters before the Patent Trial and Appeal Board (PTAB).

• Craig D. Leavell

  • Role: Lead Counsel (also acts as local counsel due to Chicago office)
  • Firm: Barnes & Thornburg LLP, Chicago, IL
  • Experience Note: Mr. Leavell is a partner with deep patent infringement and trade secrets litigation experience spanning numerous technologies, including medical devices, telematics systems, and data security. He represents clients in jury trials, bench trials, preliminary injunction hearings, appeals, and before the PTAB and International Trade Commission (ITC).

• Mark A. Hagedorn

  • Role: Lead Counsel (also acts as local counsel due to Chicago office)
  • Firm: Barnes & Thornburg LLP, Chicago, IL
  • Experience Note: Mr. Hagedorn is a partner who counsels clients on intellectual property matters, including patent, trademark, and copyright litigation. An engineer by training, he has successfully litigated claims in federal courts and is known for his ability to distill complex technical concepts into clear legal arguments, with experience across a diverse range of technologies, including medical devices.

• Joshua P. Larsen

  • Role: Lead Counsel
  • Firm: Barnes & Thornburg LLP, Indianapolis, IN
  • Experience Note: Mr. Larsen is a registered patent attorney and partner specializing in complex civil litigation with an emphasis on patent infringement, validity, enforceability, and ownership. He has managed over 30 patent litigation matters across numerous U.S. District Courts and served as lead counsel in the majority of over 40 IPRs, including those involving medical devices.

• Ronald E. Cahill

  • Role: Lead Counsel
  • Firm: Barnes & Thornburg LLP, Boston, MA
  • Experience Note: Mr. Cahill is a first-chair IP trial attorney and Chair of Barnes & Thornburg's national Life Sciences Practice Group. With decades of courtroom experience, he has led trial teams in patent infringement cases across the country and in IPRs, specializing in complex life sciences intellectual property issues, including drug discovery, engineered biologics, and medical treatment claims.

No specific in-house counsel for Miracor Medical SA has been identified as counsel of record in the district court litigation.

In the patent infringement case 1:23-cv-16257, filed in the Illinois Northern District Court, the defendants are Abbott Laboratories and Thoratec LLC. The plaintiff is Miracor Medical SA. The lawsuit, initiated on November 27, 2023, asserts infringement of U.S. Patent No. 11,572,879, among others. Proceedings in the district court are currently stayed pending the resolution of Inter Partes Review (IPR) petitions filed by the defendants against the asserted patents.

To identify the counsel of record for Abbott Laboratories and Thoratec LLC in this specific case, further access to the detailed docket entries (e.g., through PACER) would be necessary to view appearances by attorneys. Without direct PACER access, a comprehensive list of all appearing counsel with their specific roles, office locations, and detailed litigation experience is not available from the public search results.

However, based on general practice in such significant patent litigation, it is common for large corporations like Abbott Laboratories to be represented by established intellectual property litigation firms. Due to the stay in proceedings, some detailed filings that would typically list all counsel and their roles (e.g., local counsel, lead counsel) may not yet have occurred or been publicly emphasized.

Therefore, while the defendants are identified, without direct docket access, specific names, roles, firms, office locations, and detailed experience for their counsel of record cannot be definitively provided at this time. Filings are not explicitly stated to be sealed, but detailed counsel information is not readily available through general web searches for this specific case.