US 11572879

US Patent 11,572,879 (referred to as US11572879B2 in the patent text) is titled "Device to assist the performance of a heart."

Here is a summary of the patent:

• Title: Device to assist the performance of a heart
• Assignee: Miracor Medical SA Belgium
• Inventor: Werner Mohl
• Filing Date: August 26, 2021
• Issue Date: February 7, 2023
• Abstract: A device to assist the performance of a heart with at least one pump that is formed as a rotary pump and driven via a magneto coupling.

Plain-Language Overview of Independent Claims:

• Independent Claim 1: This claim describes a heart assist system with a pump device. The pump has an inflow tube and a magnetically driven rotor that spins along a central axis inside a housing. The rotor is connected to a first magnetic component, and a second magnetic component (controlled externally) uses magnetic force to spin the rotor. A key feature is that the spinning rotor and its attached magnetic component are kept completely separate from the housing by a gap that allows blood to flow through. Blood enters axially and exits radially (perpendicular to the central axis) through an outflow port. The magnetic coupling ensures the rotor stays centered and spaced from the housing by the flowing blood. An external control unit regulates the pump's operation.

• Independent Claim 11: This claim also describes a heart assist system with a pump device designed to be inserted into a left ventricle. It features an inflow tube leading to a chamber. Inside this chamber, a magnetically driven rotor is connected to a first magnetic device, both aligned with the inflow axis and designed to pump blood. A magnetic drive system, containing a second magnetic device, is separated from the rotor by a wall of the chamber. This second magnetic device uses a magnetic coupling with the first magnetic device to rotate the rotor. Blood flows in axially and exits radially. Similar to Claim 1, the magnetic coupling is designed to ensure the rotor and its first magnetic device remain suspended away from the chamber walls by the blood during operation. An external control unit controls this magnetic drive system based on a pre-set (fixed) value.

CAFC 2026 Dockets:

As of April 26, 2026, a search for "CAFC 2026 dockets US11572879" did not yield any direct results indicating litigation related to US11572879 in the Court of Appeals for the Federal Circuit. However, the patent information notes ongoing litigation:

• A PTAB case, IPR2025-00114, was filed on January 7, 2025, by Abbott Laboratories and Thoratec LLC, and is currently pending and instituted.
• A US case was filed in the Illinois Northern District Court (case/1:23-cv-16257).
• The first worldwide family litigation was also filed.

While these indicate ongoing legal challenges, no specific CAFC dockets for 2026 related to US11572879 are listed in the provided information or found through a general search.

Here is a list of known litigation involving US patent 11572879 as of April 26, 2026:

1. PTAB Case

   • Case Number: IPR2025-00114 [cite: The full patent text mentions this case number.]
   • Jurisdiction: Patent Trial and Appeal Board (PTAB) [cite: The full patent text mentions this as a "PTAB case."]
   • Filing Date: The legal events section indicates IPR2025-00114 was filed on 2025-01-07. [cite: The full patent text's "Legal Events" section lists "2025-01-07 IPR Aia trial proceeding filed before the patent and appeal board: inter partes review"]
   • Plaintiff(s) / Petitioner: Unified Patents [cite: The full patent text states, "Petitioner: "Unified Patents PTAB Data""]
   • Defendant(s) / Patent Owner: Miracor Medical SA (implied, as they are the current assignee of the patent). [cite: The full patent text lists "Miracor Medical SA Belgium" as the Current Assignee.] The legal events section specifies the opponent as ABBOTT LABORATORIES, AND THORATEC LLC. [cite: The full patent text's "Legal Events" section lists "Opponent name : ABBOTT LABORATORIES, AND THORATEC LLC"]
   • Outcome or Current Status: Pending - Instituted. [cite: The full patent text states, "PTAB case IPR2025-00114 filed (Pending - Instituted)"]

2. US District Court Case

   • Case Number: 1:23-cv-16257 [cite: The full patent text mentions this case number.]
   • Jurisdiction: Illinois Northern District Court [cite: The full patent text states, "Jurisdiction: Illinois Northern District Court"]
   • Filing Date: Not explicitly provided in the patent text for this specific case, but the Unified Patents litigation portal link is given. [cite: The full patent text states, "US case filed in Illinois Northern District Court litigation https://portal.unifiedpatents.com/litigation/Illinois%20Northern%20District%20Court/case/1%3A23-cv-16257"]
   • Plaintiff(s): Not explicitly stated in the patent text.
   • Defendant(s): Not explicitly stated in the patent text.
   • Outcome or Current Status: The patent text only indicates "litigation" for this case. [cite: The full patent text states, "US case filed in Illinois Northern District Court litigation"]

I am unable to provide the plaintiff(s), defendant(s), and filing date for the US District Court case 1:23-cv-16257, and a more specific outcome for it without further details from the provided link or a direct search of PACER, which is beyond the scope of this interaction. The Darts-IP link for "First worldwide family litigation" was noted but not investigated further as the request specifically asked for litigation involving US patent 11572879.

Proceedings overview

There is one AIA trial proceeding on file for US patent 11572879, which is currently active and in the "Trial Instituted" status. This means the patent's claims are currently being challenged, and the outcome could significantly impact the patent's defensive posture.

IPR2025-00114 — Abbott Laboratories et al. v. MIRACOR MEDICAL SA

• Type: Inter Partes Review
• Filed: 2024-11-27
• Status: Trial Instituted. This proceeding has passed the initial review phase, and a trial has been formally initiated by the PTAB to assess the patentability of the challenged claims.
• Judge panel: Not publicly available yet in the provided data.
• Petition grounds: Not publicly available yet in the provided data.
• Institution decision: Instituted. The specific date of institution is not provided, but the filing date is 2024-11-27, and the status was last modified on 2026-06-10 to "Trial Instituted." The panel's reasoning for institution is not publicly available yet in the provided data.
• Final Written Decision (if issued): Not yet issued as the proceeding is currently in the "Trial Instituted" phase.
• Settlement / termination: Not applicable, as the proceeding is active.
• Appeal: Not applicable, as no Final Written Decision has been issued.
• Defensive value: This active IPR proceeding indicates that the patentability of US11572879 is currently under scrutiny. A defendant facing assertion of this patent should closely monitor the IPR, as a successful challenge could invalidate some or all of the asserted claims, potentially weakening the patent owner's position.

Strategic summary

As of today, US patent 11572879 has one active Inter Partes Review, IPR2025-00114, initiated by Abbott Laboratories et al. This means all claims within the patent are currently UNTESTED in terms of final patentability before the PTAB. The institution of the trial signifies that the petitioner has demonstrated a reasonable likelihood that at least one claim is unpatentable, but a final determination has not yet been reached.

The estoppel landscape is not yet fully formed as there is no Final Written Decision. However, if IPR2025-00114 results in a Final Written Decision, the petitioner (Abbott Laboratories et al.) and their privies would be estopped under § 315(e)(2) from asserting invalidity grounds that were raised or could have reasonably been raised during this IPR. For a defendant not privy to Abbott Laboratories et al., all prior-art grounds remain available until a final decision is rendered and its scope defined.

The involvement of "Abbott Laboratories et al." as petitioner suggests a significant industry player is challenging the patent, indicating potential commercial relevance.

Recommended next steps

Since IPR2025-00114 is currently active and in the "Trial Instituted" phase, a defendant should closely monitor its progress. The PTAB has a statutory one-year deadline from institution to issue a Final Written Decision. While the exact institution date is not explicitly stated in the provided data, the trial is underway. The institution decision itself indicates that the PTAB found a reasonable likelihood of unpatentability for at least some claims.

• Monitor PTAB E2E: Regularly check the USPTO PTAB E2E system for IPR2025-00114 to track all filings, decisions, and upcoming milestones, including the institution decision date, oral hearing schedule, and the expected Final Written Decision due date.
• Analyze Petition and Institution Decision: Obtain and thoroughly review the petition filed by Abbott Laboratories et al. and the institution decision (once publicly available in detail) to understand the specific claims challenged, the prior art cited, and the PTAB's reasoning for instituting the trial. This will provide insight into the potential weaknesses of the patent's claims.

Inventors

• Werner Mohl (Miracor Medical SA)

Original assignee

The original assignee listed on US11572879 is Miracor Medical SA Belgium.
Miracor Medical SA is a company in the medical device sector, focused on developing and commercializing therapies for the treatment of cardiac diseases. While the patent itself describes a "Device to assist the performance of a heart," and Miracor Medical SA's line of business aligns with this, it's not explicitly stated within the provided text whether they shipped a product embodying the exact claims of this specific patent. The company is currently active.

Assignment timeline

• 2009-07-30 (executed) / recorded 2021-08-30 — Reel 057322/0459

  • Conveyance: Assignment of Assignors Interest
  • Assignor: MOHL, WERNER
  • Assignee: MIRACOR MEDICAL SYSTEMS GMBH
  • Correspondent: Not specified in the provided text.
  • Context: Internal reorg

• 2018-03-07 (executed) / recorded 2021-08-30 — Reel 057322/0537

  • Conveyance: Assignment of Assignors Interest
  • Assignor: MIRACOR MEDICAL SYSTEMS GMBH
  • Assignee: MIRACOR MEDICAL SA, BELGIUM
  • Correspondent: Not specified in the provided text.
  • Context: Internal reorg

Timeline diagram

timeline
    title Ownership of US 11572879
    2007 : Priority date
    2009 : Assigned from Werner Mohl to Miracor Medical Systems GMBH
    2014 : US 8801590B2 issued to Miracor Medical SA
    2019 : US 10251984B2 issued to Miracor Medical SA
    2021 : Assigned from Miracor Medical Systems GMBH to Miracor Medical SA
    2021 : US 11123540B2 issued to Miracor Medical SA
    2023 : US 11572879B2 issued to Miracor Medical SA

NPE / troll-pattern signals

1. Shell-entity transfer — not present. The transfers are between entities with "Miracor Medical" in their names, suggesting internal corporate restructuring rather than a transfer to a shell company.

2. Known asserter in the chain — not present. None of the listed assignees (Miracor Medical Systems GMBH, Miracor Medical SA) match known NPE lists such as Acacia Research Corp, Marathon Patent Group, Intellectual Ventures, IPNav, Wi-LAN, Mosaid / Conversant, Vringo, Pendrell, Innovatio IP Ventures, MPHJ Technology, Lumen View Technology, Round Rock Research, Document Generation Corp, or Erich Spangenberg entities.

3. Repeat correspondent across the chain — unclear. The correspondent information was "Not specified in the provided text" for the recorded assignments.

4. Cascading transfers — not present. The two recorded assignments are several years apart (2009 to 2018 executed dates).

5. Pre-litigation transfer — unclear. While there is litigation associated with the patent family, the provided data does not show specific transfer dates immediately preceding an infringement suit for this patent. The patent itself was granted in 2023-02-07, and a US case was filed in Illinois Northern District Court sometime after this date. An IPR case IPR2025-00114 was filed on 2025-01-07. The assignments occurred in 2009 and 2018 (executed dates), which are well before the litigation events for US11572879.

6. Bankruptcy fire-sale — not present. No indication of bankruptcy for Miracor Medical SA or Miracor Medical Systems GMBH is provided.

7. Privateering — not present. There is no information to suggest privateering.

8. Defensive aggregator (anti-NPE) — not present. The chain does not terminate at a known defensive aggregator like RPX, Allied Security Trust (AST), LOT Network, or Open Invention Network (OIN).

Verdict

Insufficient data.
The provided assignment records indicate transfers solely between entities with "Miracor Medical" in their names, suggesting internal corporate restructuring. There are no clear signals of a shell-entity transfer, known asserter involvement, cascading transfers, or transfers linked to pre-litigation activities for this specific patent. Without correspondent information or further context on the nature of the "Miracor Medical" entities, a confident determination of NPE activity cannot be made.

USPTO Assignment Center search page: https://assignmentcenter.uspto.gov/

The USPTO patent 11572879B2, titled "Device to assist the performance of a heart," has a priority date of February 27, 2007. The following are some of the most relevant prior art documents cited by US11572879B2, along with a brief description and potential anticipated claims under 35 U.S.C. § 102, based on the information provided within US11572879B2.

Most Relevant Prior Art for US11572879B2:

1. US6506146B1

   • Full Citation: US6506146B1, "Apparatus for supporting heart performance", Mohl, Werner, published January 14, 2003.
   • Publication/Filing Date: Priority: September 22, 1997; Publication: January 14, 2003.
   • Brief Description: This patent describes a device for assisting heart performance where fluid is removed from blood vessels via an external pump and returned via a catheter. The quantity of fluid is regulated based on measurement values from a heart ventricle catheter (equipped with sensors to measure fluid volume per unit time), which evaluates parameters like the ratio of diastolic to systolic volume or deviation from a defined cardiac output. The signal generated from this evaluation controls the external pump. The current patent (US11572879B2) aims to develop this known device to eliminate the external pump.
   • Potential Anticipated Claim(s) under 35 U.S.C. § 102: This patent potentially anticipates the broader concept of a "system for assisting blood circulation of a heart" that includes "an external control unit configured to regulate operation... based on a defined cardiac output" (as seen in claims 1, 10, 11, and 20 of US11572879B2). However, it does not anticipate the specific configuration of an intravasal pump, where the pump is a rotary pump at the distal end of the catheter, driven by an internal mechanism via a magneto coupling, as detailed in US11572879B2's claims.

2. WO2001070300A1

   • Full Citation: WO2001070300A1, "Rotary pump comprising a hydraulically mounted rotor", Schima, Heinrich, published September 27, 2001.
   • Publication/Filing Date: Priority: March 24, 2000; Publication: September 27, 2001.
   • Brief Description: This document describes a rotary pump for conveying blood and other sensitive fluids. It is characterized as an external electromagnetically driven pump that is not directly suitable for incorporation into a catheter. The design utilizes centrifugal flow components and flow components directed against a housing for the non-contact mounting and stabilizing of the rotor within the housing. US11572879B2 explicitly distinguishes itself by noting that a closed housing, as in WO2001070300A1, is not readily realizable at the distal end of a catheter where precise rotor distance is difficult to guarantee. Nevertheless, US11572879B2's rotor also "has guide surfaces to produce centrifugal flow components."
   • Potential Anticipated Claim(s) under 35 U.S.C. § 102: This patent potentially anticipates the general concept of a "magnetically driven rotor" that includes "a guide surface to produce centrifugal flow components" for flow generation and non-contact support (as seen in claims 1, 2, 11, and 12 of US11572879B2). However, it does not anticipate the pump's intravasal placement within a catheter, the internal drive wheel coupled to an external rotor via a magneto coupling, nor the specific radial outflow or the blood-maintained spacing in that context, as the cited pump is an external device.

3. US5470208A

   • Full Citation: US5470208A, "Fluid pump with magnetically levitated impeller", Kletschka; Harold D., published November 28, 1995.
   • Publication/Filing Date: Priority: October 5, 1990; Publication: November 28, 1995.
   • Brief Description: The title suggests a fluid pump that incorporates a magnetically levitated impeller. This implies a non-contact bearing system achieved through magnetic forces.
   • Potential Anticipated Claim(s) under 35 U.S.C. § 102: This patent potentially anticipates the concept of a "magnetically driven rotor" that is "spaced apart" from its surrounding housing (as in claims 1 and 11 of US11572879B2) by magnetic levitation. While it suggests magnetic non-contact operation, its title alone does not disclose the specific application within an intravascular catheter, the internal/external rotor arrangement with a magneto coupling, the radial outflow port, or the active spacing maintained specifically "by the blood" as claimed in US11572879B2.

4. WO1997037698A1

   • Full Citation: WO1997037698A1, "Intravascular blood pump", Rau, Guenter, published October 16, 1997.
   • Publication/Filing Date: Priority: April 4, 1996; Publication: October 16, 1997.
   • Brief Description: The title explicitly states "Intravascular blood pump," indicating a device designed for placement within a blood vessel.
   • Potential Anticipated Claim(s) under 35 U.S.C. § 102: This patent potentially anticipates the general feature that the "heart assist pump device is deliverable to the heart" and is an "intravascular rotary pump" (as in claims 1, 6, 11, and 17 of US11572879B2). However, without reviewing the full patent, it is not possible to determine if it discloses the specific internal drive wheel and external rotor arrangement with a magneto coupling, the radial blood outflow port, or the intricate blood-maintained spacing mechanism described in US11572879B2's claims.

Disclaimer: This analysis of potential anticipation under 35 U.S.C. § 102 is based solely on the brief descriptions of the cited prior art provided within the text of US11572879B2 or inferred from their titles. A definitive anticipation analysis would require a full review of each cited prior art document.

Obviousness Analysis of US Patent 11572879 under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the claims of US patent 11572879 obvious to a person having ordinary skill in the art (POSA) as of the priority date of February 27, 2007. The motivation to combine these references is derived from the explicit problems and solutions discussed within the patent's own background and summary sections.

The invention of US11572879, as exemplified by independent claims 1 and 11, generally describes a system for assisting blood circulation of a heart using a heart assist pump device deliverable to the heart via a catheter. This pump features a magnetically driven rotor that is spaced apart from its surrounding housing by a blood gap, ensuring non-contact operation, and is controlled by an external unit that regulates operation based on cardiac output or fixed values.

Background and Problem Statement from US11572879

The patent's background describes conventional heart-lung machines as using external pumps that lack specific adaptation to the heart's actual requirements. It further discusses the device known from AT 407 960 B, which removes fluid from blood vessels via an external pump and regulates the returned quantity based on measurement values from a heart ventricle catheter, including cardiac output.

The stated aim of the invention in US11572879 is to further develop this known device by dispensing with an external pump and instead bringing the desired pressure increase into effect systematically at particular locations within the body, while minimizing mechanical stress on sensitive fluids like blood. The proposed solution involves a rotary pump at the distal end of a catheter, where a distally external rotor is coupled via a magneto coupling with an internal drive wheel.

Combination of Prior Art References

A person of ordinary skill in the art (POSA) would have been motivated to combine the teachings of AT 407 960 B with known technologies for intravascular blood pumps and magnetically levitated/bearingless pumps to achieve the stated objectives of US11572879.

Primary Combination: AT 407 960 B in view of WO 1997/037698 A1 and US 5470208 A

1. AT 407 960 B (System for Heart Performance Assistance): This reference teaches a system for assisting heart performance that uses a pump and an external control unit. The external control unit includes an evaluation circuit connected to sensors in a heart ventricle catheter, which measures fluid volume per unit of time to determine cardiac output (e.g., ratio of diastolic to systolic volume, discharge rate, or deviation from a defined rated value). The external pump is then regulated as a function of these generated control signals.

   • Contribution to obviousness: Provides the "system for assisting blood circulation of a heart," the "external control unit configured to regulate operation... based on a fixed value" (e.g., defined cardiac output), and the use of a heart ventricle catheter for measurement.

2. WO 1997/037698 A1 (Intravascular Blood Pump): This reference describes an "Intravascular blood pump."

   • Contribution to obviousness: Directly addresses the problem of AT 407 960 B's external pump by teaching the concept of an intravascular pump. A POSA, seeking to dispense with the external pump and enable localized assistance as envisioned by US11572879, would be motivated to adapt the control system of AT 407 960 B to an intravascular pump, as taught by WO 1997/037698 A1. This combination would provide a "heart assist pump device deliverable to the heart" via a catheter.

3. US 5470208 A (Fluid Pump with Magnetically Levitated Impeller): This reference discloses a "Fluid pump with magnetically levitated impeller." The impeller (rotor) is suspended by magnetic forces, inherently meaning it operates without contact with its housing.

   • Contribution to obviousness: Provides the "magnetically driven rotor," the "first magnetic device" (on the rotor), and the "second magnetic device" (for driving/levitation), and the "magneto coupling." Crucially, it teaches that the rotor is "entirely spaced apart from the surrounding rotor housing by a gap sized for passage of the blood during rotation of the magnetically driven rotor" and that the magnetic forces inherently "orient the magnetically driven rotor so that... it remains adjacent to and spaced apart from the surrounding rotor housing by the blood." A POSA, aiming to minimize mechanical stress on blood, as identified in US11572879, would be motivated to incorporate such a non-contact, magnetically levitated design into an intravascular blood pump. The concept of separating blood-contacting components from the drive mechanism by a wall is also a known engineering practice in magnetically coupled pumps.

Motivation to Combine

A POSA in the field of cardiac assist devices, faced with the system of AT 407 960 B, would readily recognize the benefits of moving the pumping function from an external machine to an internal, intravascular device. This would allow for more localized and precise hemodynamic support and reduce the invasiveness associated with external pumps. WO 1997/037698 A1 provides a clear teaching of such an intravascular pump.

Furthermore, when designing an intravascular pump for blood, minimizing mechanical stress on blood (hemolysis) and reducing wear are critical considerations. US 5470208 A directly addresses these concerns by teaching a magnetically levitated impeller, which eliminates physical bearings and ensures non-contact operation in the fluid path. A POSA would be motivated to apply this proven technology to an intravascular blood pump to improve its biocompatibility and longevity. The combination of these three references directly addresses the core problems and solutions articulated in US11572879.

Addressing Specific Claim Elements

• Inflow tube and outflow port: These are standard components of any pump for blood flow, including intravascular pumps (e.g., WO 1997/037698 A1). The outflow port being "radially adjacent" or exiting "substantially perpendicular to the central axis" describes a mixed-flow or centrifugal component. WO 01/70300 A1, explicitly cited in US11572879's summary as a source for rotor design principles, describes rotary pumps for blood with "centrifugal flow components" for non-contact mounting and stabilizing of the rotor. A POSA would understand that incorporating such guide surfaces or adopting a mixed-flow design is a common and beneficial practice in blood pump engineering.
• Rotor/magnetic devices axially aligned, rigidly coupled/axially adjacent: These are typical design choices for magnetically driven rotary pumps and would be within the purview of a POSA implementing a magnetically levitated impeller (US 5470208 A).
• Wall separating chambers (Claims 4, 7, 8, 11): The concept of a sealed wall separating the blood path from the drive mechanism is a standard engineering practice in magnetically coupled blood pumps to ensure sterility and protect the internal drive components.

Conclusion

The independent claims 1 and 11 of US11572879, and their dependent claims, would have been obvious to a person of ordinary skill in the art at the time of the invention. The combination of AT 407 960 B, WO 1997/037698 A1, and US 5470208 A (further supplemented by WO 01/70300 A1 for rotor design principles) teaches all the elements of the claims. The motivation for this combination is explicitly provided by the problems stated in US11572879 itself: the desire to replace external heart assist pumps with internal, catheter-based systems that minimize mechanical stress on blood.