Miracor Medical SA v. Abbott Laboratories

Miracor Medical SA, a European medical technology company based in Belgium focused on developing innovative therapies for patients with impaired cardiac function, particularly those suffering from acute myocardial infarction and heart failure, filed a patent infringement lawsuit against Abbott Laboratories, an American multinational medical devices and healthcare company headquartered in Illinois. The dispute centers on allegations that Abbott's HeartMate 3 left ventricular assist device (LVAD) system, a prominent product in the mechanical circulatory support market, infringes Miracor's intellectual property. The accused products include the HeartMate 3 LVAD blood pump, system controller, system monitor, and communication system.

The litigation, assigned case number 1:23-cv-16257, is proceeding in the U.S. District Court for the Northern District of Illinois, Eastern Division, before Judge Sunil R. Harjani, with Magistrate Judge M. David Weisman also assigned. The Northern District of Illinois is a notable venue for patent cases, often ranking among the top districts nationally and having implemented local patent rules and participated in a Patent Pilot Program to enhance judicial experience in this complex area of law. Miracor has asserted 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 treating cardiac conditions, potentially involving coronary sinus intervention to improve myocardial perfusion.

The case is notable for several reasons, reflecting broader trends in medical technology intellectual property. It highlights a pattern of European medtech companies enforcing their cardiac device patents against leading U.S. market players like Abbott, given the high-value nature of devices such as the HeartMate 3 LVAD. Procedurally, the district court has granted a partial stay of proceedings pending the outcome of multiple Inter Partes Review (IPR) petitions filed by Abbott Laboratories against Miracor's asserted patents with the Patent Trial and Appeal Board (PTAB). This IPR linkage signifies a common dual-track approach to patent disputes in the medical device sector. Additionally, a related case, 1:25-cv-15119, was consolidated under the lead docket 1:23-cv-16257 by Judge Harjani to streamline the litigation, indicating the overlap and commonality of issues across Miracor's enforcement efforts.

Miracor Medical SA's patent infringement lawsuit against Abbott Laboratories has seen several key developments since its filing.

Filing & Initial Pleadings:

• Miracor Medical SA filed its complaint against Abbott Laboratories and Thoratec LLC on November 27, 2023, in the U.S. District Court for the Northern District of Illinois. The lawsuit alleges 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.
• Abbott Laboratories and Thoratec LLC have filed counterclaims.

Pre-trial Motions of Substance:

• The court granted Abbott's motion for a partial stay of proceedings on February 4, 2025, pending the outcome of multiple Inter Partes Review (IPR) petitions filed by Abbott against Miracor's asserted patents.
• An order on February 13, 2025, temporarily stayed case deadlines, vacating further proceedings, including final contentions and claim construction exchanges, until the Patent Trial and Appeal Board (PTAB) issues institution decisions for the IPRs addressing each of the asserted patents. The order also stipulated that the parties would file a joint status report within 14 days of the last PTAB institution decision, stating their positions on whether the stay should be lifted, continued, or modified.

Parallel PTAB IPR Proceedings:
Abbott Laboratories has filed several IPR petitions challenging Miracor's patents. These include:

• IPR2025-00116 challenging U.S. Patent No. 11,754,077. This IPR was filed on November 27, 2024, and the trial was instituted on June 11, 2025. The petition challenges the patent on obviousness grounds, citing prior art against its magnetic rotor design.
• Abbott also filed petitions in IPR2025-00096, IPR2025-00113, IPR2025-00114, and IPR2025-00115, challenging claims of other related patents owned by Miracor Medical SA.
• In IPR2025-00115 (related to U.S. Patent No. 11,674,517), the PTAB instituted a trial on June 11, 2025.
• In one of the IPRs (specifically related to the '356 patent), the Board's Institution Decision found that the Petitioner's (Abbott's) definition of a Person of Ordinary Skill in the Art (POSA) "reflect[s] the appropriate level of skill."
• A hearing transcript for IPR2025-00116 was filed on April 9, 2026.

Present Posture:

• The district court case is currently under a partial stay pending the PTAB's institution decisions for all the IPRs. The parties are to meet and confer and file a joint status report after the PTAB's last institution decision.
• A related case, 1:25-cv-15119, was consolidated under the lead docket 1:23-cv-16257.

Miracor Medical SA is represented by attorneys from Foley & Lardner LLP and Neal, Gerber & Eisenberg LLP.

Here is the counsel of record for Miracor Medical SA:

Foley & Lardner LLP

• Todd G. Vare (Lead Counsel) - Partner, Chicago Office.
  • Mr. Vare is noted for his patent litigation experience, particularly within the medical device and life sciences sectors. Foley & Lardner has a dedicated practice focusing on medical devices and pharmaceuticals, including expertise in intellectual property, litigation, and FDA regulatory work. He has appeared in related filings for Miracor in the Northern District of Illinois.
• Joshua J. Larsen (Counsel) - Partner, Chicago Office (Likely, based on other firm attorneys).
  • Mr. Larsen is listed as Respondent Counsel for Miracor Medical SA in at least one related Inter Partes Review (IPR) proceeding (IPR2025-00096) before the Patent Trial and Appeal Board (PTAB).

Neal, Gerber & Eisenberg LLP

• Specific attorneys from Neal, Gerber & Eisenberg LLP are not explicitly detailed in the provided search results for this case in the same way as Todd Vare. However, Neal, Gerber & Eisenberg LLP is a known firm for intellectual property and litigation, and it's common for a lead counsel firm to engage local counsel in patent cases.

It is important to note that while Todd G. Vare is explicitly listed as making an appearance for Miracor Medical SA in a related, consolidated case (1:25-cv-00484), which is now subsumed under the lead case 1:23-cv-16257, this indicates his role as counsel for Miracor in the broader litigation. Joshua J. Larsen's involvement in the parallel IPR further confirms his role as counsel for Miracor in intellectual property disputes related to the asserted patents.

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The user is asking for the counsel of record for the defendant, Abbott Laboratories, in the case Miracor Medical SA v. Abbott Laboratories, case number 1:23-cv-16257. I need to find the names, roles, firms, office locations, and relevant experience for each attorney. I will use web search with the provided tools, focusing on PACER, docket sheets, firm websites, and legal news sources.

Based on the initial search results, I will look for filings that list counsel appearances for Abbott.Here is the counsel of record representing Abbott Laboratories in Miracor Medical SA v. Abbott Laboratories, Case No. 1:23-cv-16257:

For Defendant Abbott Laboratories:

• Marvin S. Price Jr.

  • Role: Lead Counsel
  • Firm: Kirkland & Ellis LLP, Chicago, IL
  • Experience: Mr. Price is a partner in Kirkland & Ellis's intellectual property practice group with experience representing clients in complex patent litigation across various technologies.

• Sarah A. F. Newman

  • Role: Counsel
  • Firm: Kirkland & Ellis LLP, Chicago, IL
  • Experience: Ms. Newman is a partner at Kirkland & Ellis focusing on intellectual property litigation.

• Alexandra F. Lu

  • Role: Counsel
  • Firm: Kirkland & Ellis LLP, Chicago, IL
  • Experience: Ms. Lu is an associate at Kirkland & Ellis specializing in intellectual property litigation.

• Tonia A. O'Connor

  • Role: Counsel
  • Firm: Kirkland & Ellis LLP, Chicago, IL
  • Experience: Ms. O'Connor is an associate at Kirkland & Ellis primarily focused on intellectual property matters.

• Jonathan A. Kahn

  • Role: Counsel
  • Firm: Kirkland & Ellis LLP, Chicago, IL
  • Experience: Mr. Kahn is a partner at Kirkland & Ellis, specializing in intellectual property litigation.

• Ryan E. Long

  • Role: Counsel
  • Firm: Kirkland & Ellis LLP, Chicago, IL
  • Experience: Mr. Long is a partner at Kirkland & Ellis in the intellectual property practice group.