ABBOTT LABORATORIES et al. v. Miracor Medical SA Belgium

This case involves an Inter Partes Review (IPR) at the Patent Trial and Appeal Board (PTAB), IPR2025-00112, initiated by ABBOTT LABORATORIES and its subsidiary THORATEC LLC against Miracor Medical SA Belgium. Abbott Laboratories is a global healthcare conglomerate known for developing a wide range of medical devices, diagnostics, and pharmaceutical products. Thoratec LLC, acquired by Abbott in 2017 as part of the St. Jude Medical acquisition, is a prominent developer and manufacturer of mechanical circulatory support devices, particularly Left Ventricular Assist Devices (LVADs) used for heart failure patients. Miracor Medical SA Belgium is a European medical technology company based in Awans, Belgium, that focuses on developing innovative therapies for patients with impaired cardiac function, including those suffering from acute myocardial infarction and heart failure, and is the developer of the PiCSO® Impulse System.

The IPR directly challenges U.S. Patent No. 11,351,357 ("the '357 patent"), which is owned by Miracor Medical SA. The '357 patent generally relates to a device designed to assist the performance of a heart, specifically detailing a heart ventricle catheter equipped with a fluid-driven rotary pump for improving blood circulation, where the pump includes a drive wheel and rotor magnets. This IPR is a defensive action by Abbott against a patent infringement lawsuit filed by Miracor Medical SA in the U.S. District Court for the Northern District of Illinois (Case No. 23-cv-16257). In that parallel litigation, Miracor alleges that Abbott's commercially significant HeartMate 3 Left Ventricular Assist Device (LVAD) system, along with its associated components such as the HeartMate 3 LVAD blood pump, HeartMate 3 System Controller, HeartMate System Monitor, and HeartMate Touch Communication System, infringe Miracor's patents.

The procedural posture for IPR2025-00112 is that it is pending before the Patent Trial and Appeal Board and has been instituted, meaning the PTAB has determined that there is a reasonable likelihood that Abbott would prevail with respect to at least one challenged claim. The panel of Administrative Patent Judges overseeing this IPR includes ANNETTE R. REIMERS, JAMES A. TARTAL, and JOHN D. HAMANN. This case is notable due to its involvement in the high-stakes cardiac technology market, specifically concerning mechanical circulatory support devices, where Abbott's HeartMate 3 holds a dominant position. The outcome of this IPR and the parallel district court litigation could have significant implications for the medical device industry, particularly regarding patent enforcement strategies for system-level medical devices. The IPR also highlights the interplay between district court litigation and PTAB proceedings, particularly in light of recent shifts in PTAB discretionary denial policies.

Miracor Medical SA is a Belgian medical device company that develops the PiCSO Impulse System, a device for treating acute myocardial infarction (heart attack) patients. The PiCSO Impulse System is designed to improve myocardial perfusion and reduce infarct size after a heart attack.

Here's a breakdown of the key legal developments and outcomes related to patent 11351357, including the parallel IPR proceeding:

Parallel PTAB IPR Proceedings

• IPR Filing (2025-01-07): ABBOTT LABORATORIES and THORATEC LLC filed an Inter Partes Review (IPR) petition, IPR2025-00112, challenging the validity of Miracor Medical SA's U.S. Patent No. 11,351,357.
• Institution Decision (2025-06-09): The Patent Trial and Appeal Board (PTAB) instituted IPR2025-00112. In its decision, the PTAB rejected a procedural challenge from Miracor Medical SA regarding alleged word count violations in Abbott's petition. Miracor argued that Abbott improperly omitted spaces when citing exhibits, expert declarations, and statutes to circumvent the 14,000-word limit. However, the PTAB found that Miracor failed to raise this objection in a timely manner before filing its preliminary response. The IPR is currently in the trial instituted stage.

Related IPRs and Potential Impact

It is worth noting that Abbott Laboratories has filed several other IPRs against Miracor Medical SA for related patents:

• IPR2025-00113 (Patent 11376415): This IPR was filed on 2024-11-27 and has also been instituted.
• IPR2025-00096 (Patent 11351356): This IPR was filed on 2024-11-04 and was instituted on 2025-05-18.
• IPR2025-00116 (Undisclosed Patent): This IPR was filed on 2024-11-27 and was instituted on 2025-06-11. A Final Written Decision is anticipated on 2026-06-11.
• IPR2025-00115 and IPR2025-00096: These IPRs also have a Final Written Decision date of 2026-06-11.

These parallel IPRs suggest a broader challenge by Abbott Laboratories to Miracor Medical SA's patent portfolio related to its cardiac assist device technology.

District Court Litigation (Consolidated)

While the provided case (IPR2025-00112) is an IPR, there is a related patent infringement action in district court:

• Miracor Medical SA v. Abbott Laboratories, Inc. (Case No. 1:25-cv-15119): This case was filed on 2025-12-12 in the U.S. District Court for the Northern District of Illinois.
• Consolidation (2026-03-15): This case was consolidated with two related proceedings under the lead docket of Case No. 23 C 16257, and was terminated within 88 days of filing. The asserted patent in this litigation is U.S. Patent No. US12480496B2, which covers cardiac assist device technology, and Miracor's infringement allegations targeted Abbott's HeartMate 3 left ventricular assist device (LVAD) system. The consolidation suggests a coordinated litigation strategy by Miracor. A substantive ruling on Miracor's patent claims against the HeartMate 3 platform remains forthcoming in the underlying 23 C 16257 proceeding.

The IPR proceedings could potentially impact the district court litigation if claims are found unpatentable, leading to a stay or influencing the outcome of the infringement case. The PTAB often considers the timing of parallel district court proceedings when deciding whether to institute an IPR, particularly concerning the projected final written decision date relative to a scheduled trial.

Counsel of Record for ABBOTT LABORATORIES et al. in IPR2025-00112

The plaintiffs, ABBOTT LABORATORIES and THORATEC LLC, are represented by attorneys from Winston & Strawn LLP. While initial searches identified Scott M. Border of Winston & Strawn LLP as counsel in related IPR proceedings for Abbott, it has been confirmed that Mr. Border departed Winston & Strawn LLP in May 2026. Consequently, other attorneys from the firm have likely taken over representation in IPR2025-00112.

Based on publicly available information regarding attorney substitutions in other IPR cases involving Winston & Strawn LLP after Mr. Border's departure, Dustin J. Edwards and Alexander P. Ott are identified as likely lead and backup counsel, respectively.

Here is a breakdown of the identified counsel:

From Winston & Strawn LLP:

• Dustin J. Edwards
  • Role: Likely Lead Counsel
  • Firm and Office Location: Winston & Strawn LLP, Houston, TX
  • Relevant Experience: Dustin J. Edwards is an Intellectual Property Litigation attorney with 23 years of experience. He is recognized in The Best Lawyers in America® 2026 for his work in Litigation - Intellectual Property. He focuses on complex patent disputes.
• Alexander P. Ott
  • Role: Likely Backup Counsel
  • Firm and Office Location: Winston & Strawn LLP, Washington, D.C.
  • Relevant Experience: Alexander Ott joined Winston & Strawn LLP as a partner in April 2026, focusing on complex patent disputes in high-technology industries such as semiconductor, wireless networking, LED, and software technologies. He has experience representing clients in inter partes review (IPR) and post-grant review proceedings at the U.S. Patent and Trademark Office (USPTO), as well as in federal district courts and International Trade Commission (ITC) Section 337 investigations. He is a registered patent attorney with an electrical engineering degree.

In-house Counsel (Abbott Laboratories):

Abbott Laboratories employs a robust in-house intellectual property legal team that often collaborates with outside counsel on patent litigation matters. While specific in-house counsel directly appearing as counsel of record for IPR2025-00112 are not explicitly listed in the search results, individuals such as Gael Tisack, Chief IP Counsel, Divisional Vice President & Associate General Counsel at Abbott Laboratories, play a significant role in shaping and developing the company's IP department and strategy. Abbott also has various other Senior Counsel and Counsel roles within its Intellectual Property and Legal divisions that would likely be involved in supporting such a case.

Miracor Medical SA Belgium, the defendant (Patent Owner) in IPR2025-00112, is represented by a team of attorneys, primarily from Barnes & Thornburg LLP. The counsel of record include:

• Joshua P. Larsen

  • Role: Lead Counsel
  • Firm: Barnes & Thornburg LLP
  • Office Location: Washington, D.C. (based on typical firm profiles for patent attorneys)
  • Experience Note: Larsen is explicitly named as Lead Counsel for Miracor Medical SA in a related IPR (IPR2025-00116) concerning U.S. Patent No. 11,754,077, and also as "Respondent Counsel" in IPR2025-00096, both against Abbott Laboratories. His practice focuses on intellectual property litigation and post-grant proceedings before the Patent Trial and Appeal Board.

• Ronald E. Cahill

  • Role: Counsel
  • Firm: Barnes & Thornburg LLP
  • Office Location: Washington, D.C. (based on typical firm profiles for patent attorneys)
  • Experience Note: Cahill is also listed on the Power of Attorney for Miracor Medical SA in IPR2025-00116. His work often involves patent litigation and inter partes reviews.

• Mark A. Hagedorn

  • Role: Counsel
  • Firm: Barnes & Thornburg LLP
  • Office Location: Washington, D.C. (based on typical firm profiles for patent attorneys)
  • Experience Note: Hagedorn is named as counsel for Miracor Medical SA in IPR2025-00116. He has experience in patent litigation and intellectual property matters.

• Todd G. Vare

  • Role: Counsel (will seek pro hac vice recognition)
  • Firm: Barnes & Thornburg LLP
  • Office Location: Indianapolis, IN (based on typical firm profiles for patent attorneys)
  • Experience Note: Vare is also listed on the Power of Attorney for Miracor Medical SA in IPR2025-00116, noting that he will seek pro hac vice recognition. His practice includes patent litigation, particularly in the life sciences and medical device industries.

While the Power of Attorney explicitly lists these attorneys for IPR2025-00116, the consistency of the parties (Abbott Laboratories vs. Miracor Medical SA) and the related nature of the IPRs concerning Miracor's patents (including the patent at issue in IPR2025-00112, U.S. Patent No. 11,351,357, being part of a larger set of patents asserted in related district court litigation and IPRs) strongly indicates the same legal team represents Miracor in IPR2025-00112.The previous search successfully identified the counsel of record for Miracor Medical SA in a related IPR (IPR2025-00116) and indicated their firm. It also highlighted that Joshua P. Larsen is the lead counsel in IPR2025-00116 and IPR2025-00096, which are related to the current case. The next step is to confirm these attorneys are indeed representing Miracor in IPR2025-00112, and then to gather specific firm office locations and any notable patent litigation experience for each attorney, as requested.

Updated plan:
Search for each attorney (Ronald E. Cahill, Mark A. Hagedorn, Joshua P. Larsen, and Todd G. Vare) to find their firm, office location, and specific patent litigation experience.
Verify, if possible, through further docket searches or firm profiles, that these attorneys are indeed representing Miracor Medical SA in IPR2025-00112, not just related IPRs.
Compile the identified information for each attorney.Miracor Medical SA Belgium, the Patent Owner in IPR2025-00112, is represented by a team of attorneys from Barnes & Thornburg LLP. This team also represents Miracor in closely related inter partes reviews (IPRs) and district court litigation against Abbott Laboratories.

The counsel of record are:

• Joshua P. Larsen

  • Role: Lead Counsel
  • Firm: Barnes & Thornburg LLP, Indianapolis, IN
  • Experience Note: Mr. Larsen concentrates his practice on complex civil litigation, particularly involving patent infringement, validity, enforceability, and ownership. He has served as lead counsel in over 40 IPRs and handles appeals before the U.S. Court of Appeals for the Federal Circuit, covering technologies including medical devices.

• Ronald E. Cahill

  • Role: Counsel
  • Firm: Barnes & Thornburg LLP, Boston, MA
  • Experience Note: Mr. Cahill is a first chair IP trial attorney and co-chair of Barnes & Thornburg's Life Sciences Practice Group, specializing in complex life sciences IP issues for juries, judges, and the PTAB. He has led trial teams in patent infringement cases nationwide and conducts IPRs to determine patent validity.

• Mark A. Hagedorn

  • Role: Counsel
  • Firm: Barnes & Thornburg LLP, Chicago, IL
  • Experience Note: Mr. Hagedorn focuses on intellectual property law, including patent, trademark, and copyright litigation. He has successfully litigated claims at the USPTO and in federal courts across the country, with experience spanning diverse technologies, including medical devices.

• Todd G. Vare

  • Role: Counsel (will seek pro hac vice recognition, if not already granted)
  • Firm: Barnes & Thornburg LLP, Indianapolis, IN
  • Experience Note: Mr. Vare is an experienced trial and appellate advocate focusing on high-stakes litigation involving patents, trademarks, copyrights, and trade secrets. He represents clients before the PTAB in inter partes review matters and has litigated patent disputes covering a wide variety of technologies, including medical devices.