Datascope joins Maquet countersuit against Abiomed

Getinge‘s (PINK:GETI B) Datascope said today it is filing a motion to join fellow Getinge company Maquet‘s patent infringement case against Abiomed (NSDQ:ABMD). The Wayne, N.J.-based company said it is asserting counterclaims which allege that Abiomed engaged in false advertising to promote that its Impella device was superior to Datascope’s intra-aortic baloon pumps. Datascope said that, simultaneously, Maquet will be expanding the infringement case by alleging that most Impella models infringe upon 3 Maquet patents, bringing the total number of patents in the suit to 6. In Datascope’s counterclaims, the company asserts that Abiomed “engaged in a pattern of intentional and widespread false advertising regarding Impella compared with IABP in violation of federal and state law,” according to a press release. In the suit, it is alleged that Abiomed falsely advertised that the Protect II trial and a related “hypothesis-generating” post hoc analysis of data from the trial demonstrated that the Impella significantly reduced major adverse events compared with IABPs. Datascope added that “recent developments” supported Datascope’s position that Abiomed’s superiority claims were unlawful. The company said that in Health Quality Ontario’s Feb. 2017 in-depth tech assessment concluded that “percutaneous ventricular support with Impella does not lower death rates; nor is it safer or cheaper than usual t...
Source: Mass Device - Category: Medical Devices Authors: Tags: Legal News Patent Infringement Abiomed Datascope Corp. Getinge Maquet Cardiovascular LLC Source Type: news