Unified Patents v. Miracor Medical SA et al.

This case, IPR2025-00114, involves an Inter Partes Review (IPR) initiated by Unified Patents against U.S. Patent 11572879, owned by Miracor Medical SA, with Abbott Laboratories and Thoratec LLC identified as opponents. Unified Patents is a member-based organization focused on improving patent quality and deterring unsubstantiated or invalid patent assertions, particularly from non-practicing entities (NPEs), by filing administrative patent reviews like IPRs. Miracor Medical SA is a Belgian medical device company that develops the PiCSO Impulse System, designed to improve outcomes for patients with acute myocardial infarction by enhancing myocardial perfusion and aiding cellular byproduct removal. Abbott Laboratories is a multinational healthcare and medical devices company, and Thoratec LLC, its subsidiary since 2017, specializes in mechanical circulatory support devices, including ventricular assist devices (VADs) such as the HeartMate 3 Left Ventricular Assist System.

The IPR is directly linked to an underlying patent infringement lawsuit, Miracor Medical SA v. Abbott Laboratories et al., filed on November 27, 2023, in the U.S. District Court for the Northern District of Illinois (Case No. 1:23-cv-16257). In that district court action, Miracor alleges that Abbott and Thoratec's HeartMate 3 LVAD blood pump and HeartMate 3 System Controller infringe six of its patents, including U.S. Patent 11572879. This patent, along with the others asserted in the district court case, broadly covers devices designed to assist the performance of a heart, particularly left ventricular assist devices and systems for improving cardiac function. The IPR is currently pending before the Patent Trial and Appeal Board (PTAB) and has been instituted, with Administrative Patent Judge James A. Tartal assigned to the panel, and institution occurring on June 10, 2025. The district court has already granted a partial stay of proceedings in the infringement case on February 4, 2025, awaiting the PTAB's institution decisions on these IPRs, underscoring the PTAB's significant influence on parallel district court litigation.

This case is notable for several reasons. It highlights Unified Patents' strategy of leveraging IPR proceedings to challenge patents, particularly when they are asserted against its members, thereby aiming to deter "bad patents" or NPE activity in key technology sectors like medical devices. The dispute involves major players in the cardiovascular medical device industry, with Miracor asserting its intellectual property against Abbott and its subsidiary Thoratec, whose HeartMate 3 is a prominent heart-assist device. The outcome of this IPR could therefore have implications for competition and innovation in the critical field of heart failure treatment devices. The procedural posture also demonstrates the strategic interplay between district court litigation and PTAB challenges, with the latter often dictating the pace and direction of the former.

This case involves both a patent infringement lawsuit in district court and parallel Inter Partes Review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB).

Key Legal Developments and Outcome

I. District Court Litigation: Miracor Medical SA v. Abbott Laboratories et al. (N.D. Ill., Case No. 1:23-cv-16257)

• Filing of Complaint (2023-11-27): Miracor Medical SA filed a patent infringement lawsuit against Abbott Laboratories and its subsidiary Thoratec LLC in the U.S. District Court for the Northern District of Illinois. The complaint alleges infringement of six U.S. Patents, including US Patent 11,572,879, as well as 11,351,356, 11,351,357, 11,376,415, 11,674,517, and 11,754,077. Miracor claims Abbott's HeartMate 3 left ventricular assist device (LVAD) blood pump and its related system controller infringe these patents. Miracor seeks treble damages, a permanent injunction, and attorney fees. Attorneys from Barnes & Thornburg LLP represent Miracor. Abbott and Thoratec are represented by attorneys from Winston & Strawn LLP.
• Answers and Counterclaims (Details Pending, Assumed): While specific dates for answers and counterclaims in case 1:23-cv-16257 are not explicitly detailed in the provided search snippets, it is indicated that Abbott Laboratories and Thoratec LLC are "Counter Claimants" in this case. A related case (1:25-cv-00484), later consolidated, also listed Thoratec LLC as a Counter Claimant.
• Motion to Stay Pending IPR (2025-02-04): Abbott filed a motion for a partial stay of proceedings pending the resolution of IPRs it had initiated against Miracor's patents. The Court granted this motion on February 4, 2025, and an order to temporarily stay case deadlines was filed on February 13, 2025.
• Stay of Proceedings (2025-02-13): The court's 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) issued institution decisions for the IPRs addressing the asserted patents. The order also set parameters for ongoing discovery.
• Consolidation of Related Cases (2026-03-10): A separate patent infringement action, Miracor Medical SA v. Abbott Laboratories, Inc. (Case No. 1:25-cv-15119), filed on December 12, 2025, in the U.S. District Court for the Northern District of Illinois, was terminated within 88 days. Judge Sunil R. Harjani ordered its consolidation with two related proceedings under the lead docket of Case No. 23 C 16257 on March 10, 2026. The substantive litigation continues under the lead case, 23 C 16257.
• Current Posture: The district court litigation is currently active but substantially stayed pending the outcome of the IPR proceedings.

II. Parallel PTAB IPR Proceedings

Abbott Laboratories and Thoratec LLC, as defendants in the district court case, filed petitions for Inter Partes Review (IPR) against the asserted patents at the PTAB. Unified Patents also filed an IPR petition.

• IPR2025-00114 (Challenging US Patent 11,572,879):
  • Filed (2025-01-07): Unified Patents filed IPR2025-00114, challenging US Patent 11,572,879.
  • Instituted (2025-06-10): The PTAB instituted review of US Patent 11,572,879 on June 10, 2025. The case is currently "Pending - Instituted."
• Other Relevant IPRs by Abbott (e.g., IPR2025-00116):
  • Abbott Laboratories filed IPRs against several of Miracor's patents. For example, IPR2025-00116 was filed on November 27, 2024, by Abbott Laboratories against Miracor Medical SA, challenging US Patent 11,754,077.
  • Institution of IPR2025-00116 (2025-06-11): The PTAB instituted review of US Patent 11,754,077 on June 11, 2025.

The district court's stay is contingent upon the PTAB's institution decisions for these IPRs, and the parties are to file a joint status report within 14 days after the last institution decision.

Counsel of Record for Petitioner Abbott Laboratories in IPR2025-00114

In the Inter Partes Review (IPR) case IPR2025-00114, challenging US patent 11572879, the petitioner is Abbott Laboratories (including Abbott Laboratories Inc.), and the patent owner is Miracor Medical SA. While Unified Patents is an organization that frequently files IPRs and monitors PTAB cases, official PTAB listings, including those on Unified Patents' own portal, consistently identify Abbott Laboratories as the petitioner in this specific proceeding.

To identify the counsel of record for Abbott Laboratories in IPR2025-00114, a direct search of the PTAB docket for this case would be required. General information regarding Abbott Laboratories' patent litigation counsel suggests they utilize various prominent law firms. However, without direct docket access for IPR2025-00114, specific counsel for this IPR cannot be definitively identified at this time. Filings for IPRs typically include appearances of counsel.

Therefore, specific names, roles, firms, office locations, and relevant patent litigation experience for counsel representing Abbott Laboratories in IPR2025-00114 are not publicly available through the provided search capabilities without direct access to the PTAB docket entries for appearances of counsel.

The counsel of record representing Miracor Medical SA, the patent owner and effective "defendant" in IPR2025-00114, are primarily from Barnes & Thornburg LLP. While Abbott Laboratories and Thoratec LLC are listed as "defendant(s)" in the case caption provided, in the context of an Inter Partes Review (IPR), the patent owner (Miracor Medical SA) is the party defending the patent against the petitioner's (Unified Patents) challenge. Abbott Laboratories and Thoratec LLC are more commonly known as petitioners challenging Miracor's patents in related IPR proceedings and defendants in district court infringement cases brought by Miracor.

Here are the attorneys representing Miracor Medical SA in this and related IPR proceedings:

• Joshua P. Larsen

  • Role: Lead Counsel
  • Firm: Barnes & Thornburg LLP (likely based in Chicago, IL, or Indianapolis, IN, given firm's presence and typical patent practice centers, though specific office for Mr. Larsen in PTAB filings is not detailed in the snippets)
  • Note: Mr. Larsen is consistently listed as lead counsel for Miracor Medical SA in IPRs challenging their patents, including IPR2025-00115 and IPR2025-00096. His practice focuses on intellectual property litigation, including patent litigation and post-grant proceedings before the PTAB.

• Todd G. Vare

  • Role: Back-up Counsel (provisionally recognized PTAB attorney)
  • Firm: (Not explicitly stated in the provided snippets, but typically backup counsel are also from the lead counsel's firm or a co-counsel firm. Further research would be needed to confirm his firm if different from Barnes & Thornburg LLP.)
  • Note: Mr. Vare was designated as a provisionally recognized PTAB attorney for Miracor Medical SA and has prior experience as pro hac vice counsel in other IPR proceedings, such as IPR2024-00695.

• Mark A. Hagedorn

  • Role: Counsel
  • Firm: Barnes & Thornburg LLP (specific office not detailed in snippets)
  • Note: Mr. Hagedorn is listed as an attorney for Respondent Miracor Medical SA in IPR2025-00116, a related IPR involving Abbott Laboratories and Miracor. His experience includes patent prosecution, licensing, and litigation.

• Ronald E. Cahill

  • Role: Counsel
  • Firm: Barnes & Thornburg LLP (specific office not detailed in snippets)
  • Note: Mr. Cahill is also listed as an attorney for Respondent Miracor Medical SA in IPR2025-00116. His practice includes patent litigation and IPR proceedings.

No specific counsel information for Abbott Laboratories or Thoratec LLC defending patent 11572879 in IPR2025-00114 has been identified. In related IPRs where Abbott Laboratories is the petitioner, they are represented by firms such as Latham & Watkins LLP.