Abiomed Secures Victory Before the U.S. Patent Trial and Appeal Board

In January, 2023, Cravath client Abiomed Inc. (“Abiomed”) secured a victory before the U.S. Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”).

In 2021, Cravath filed five post‑grant and inter partes review petitions on behalf of Abiomed against White Swell Medical Ltd. (“White Swell”), challenging three White Swell patents directed to balloon catheters and treating edema. The PTAB instituted trial on all five petitions.

On January 6, 2023, the PTAB issued a Final Written Decision in the first of these five petitions, PGR2021‑00107 holding that White Swell’s proposed substitute patent claim was unpatentable on multiple grounds. Because White Swell had earlier moved to disclaim or cancel other claims in response to Abiomed’s petition, the PGR proceeding resulted in the cancellation of all 12 patent claims challenged by Abiomed.

The Cravath team representing Abiomed includes partners Keith R. Hummel and Sharonmoyee Goswami; of counsel Andrei Harasymiak, who argued the PGR on behalf of Abiomed; and associate Mollie Weiss. Benjamin Ahn also worked on the matter.

The proceeding is Abiomed Inc. v. White Swell Medical Ltd., PGR2021-00107 (USPTO).