PTAB

IPR2017-01025

Abiomed, Inc. v. Maquet Cardiovascular, LLC

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1. Case Identification

2. Patent Overview

  • Title: Intravascular Blood Pump System with Guide Mechanism
  • Brief Description: The ’100 patent describes an intravascular blood pump system that includes a pump, a cannula, and a guide mechanism. The invention focuses on guiding the pump and cannula to a specific location within a patient’s circulatory system, such as the heart, using conventional techniques like an "over-the-wire" guide wire.

3. Grounds for Unpatentability

Ground 1: Obviousness over Aboul-Hosn and Siess - Claims 16-17 are obvious over Aboul-Hosn in view of Siess ’913.

  • Prior Art Relied Upon: Aboul-Hosn (WO 99/02204) and Siess ’913 (Patent 5,921,913).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Aboul-Hosn teaches all elements of independent claim 16, including an intravascular blood pump system with a cannula and an "over-the-wire" guide mechanism comprising a central lumen for a guide wire. Aboul-Hosn also allegedly disclosed a "blood pressure detection mechanism" by teaching the measurement of pressure proximate the cannula, either through an orifice connected to an external fluid column or via sensors placed on the pump or cannula. Petitioner contended that Siess ’913 further renders this element obvious by teaching the use of pressure sensors near the pump to discern its position and monitor for conditions like blockage or cavitation, confirming it was a well-known technique. For dependent claim 17, which adds specific sensor types (fluid-filled column, piezoelectric element, strain gauge), Petitioner asserted that Aboul-Hosn teaches the fluid-filled column and that a person of ordinary skill in the art (POSITA) would have found it obvious to use other known sensor types, such as those in Siess '913 or their known equivalents like piezoelectric elements, to achieve the same function.
    • Motivation to Combine: A POSITA would combine Aboul-Hosn’s pump system with the known pressure sensing techniques taught by Siess ’913 to achieve the predictable result of improved pump control. The motivation was to accurately discern the pump's position and identify potential operational problems like cavitation, a known objective in the field.
    • Expectation of Success: A POSITA would have a reasonable expectation of success because the combination involved applying a conventional pressure sensing solution (Siess ’913) to a standard intravascular pump system (Aboul-Hosn) to achieve the well-understood and predictable benefit of enhanced operational monitoring.

Ground 2: Obviousness over Aboul-Hosn, Siess, and Nix - Claim 18 is obvious over Aboul-Hosn in view of Siess ’913 and further in view of Nix.

  • Prior Art Relied Upon: Aboul-Hosn (WO 99/02204), Siess ’913 (Patent 5,921,913), and Nix (Patent 6,176,822).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that claim 18, which depends from claim 16, is obvious because its additional limitation—calculating blood pressure based on the relationship between motor torque and current—is explicitly taught by Nix. While Aboul-Hosn and Siess ’913 provide the base pump system with pressure sensing capabilities, Nix allegedly discloses a method to determine differential pressure indirectly by measuring motor current and rotational speed. This method serves as a direct replacement for the physical pressure sensors taught in the primary references.
    • Motivation to Combine: A POSITA would be motivated to modify the Aboul-Hosn/Siess ’913 system with the indirect measurement technique from Nix to eliminate the need for dedicated physical pressure sensors. This modification would achieve the well-recognized benefits of a smaller, more reliable device with fewer components, reduced manufacturing complexity, and lower cost. The petition also cited another reference, Maslen, which described physical transducers as "highly undesirable" due to reliability issues, reinforcing the motivation to seek alternatives like the one taught in Nix.
    • Expectation of Success: A POSITA would have a high expectation of success because Nix describes a functional, alternative method for pressure estimation. Applying this established technique to the pump system of Aboul-Hosn was a straightforward substitution of one known pressure detection method for another to achieve predictable advantages.

4. Key Technical Contentions

  • Priority Date Challenge: A central contention is that the ’100 patent is not entitled to the priority date of its provisional application (Provisional U.S. Application No. 60/152,249). Petitioner argued the provisional application failed to provide adequate written description support for the "blood pressure detection mechanism" limitation recited in the challenged claims. This argument, if successful, establishes a later priority date (September 1, 2000), which ensures that Aboul-Hosn, Siess ’913, and Nix all qualify as prior art under 35 U.S.C. §102.

5. Relief Requested

  • Petitioner requests institution of an inter partes review and cancellation of claims 16-18 of the ’100 patent as unpatentable under 35 U.S.C. §103.