This post is a part of a monthly series summarizing notable
activity in patent litigation in the District of Massachusetts,
including short summaries of substantive orders.
Abiomed, Inc. v. Maquet Cardiovascular LLC, No.
16-cv-10914 (D. Mass. June 4, 2019) (Saylor, J.)
- Motion for Protective Order –
DENIED
Plaintiff, Abiomed Inc. ("Abiomed") moved for a
protective order prohibiting Defendant, Maquet Cardiovascular, LLC
("Maquet") from seeking discovery of information related
to 35 U.S.C. § 271(f) – that is, foreign sales
attributed to products whose components were exported from the
United States for assembly and sale outside of the United States.
Abiomed contends that because Maquet has not specifically pled
infringement on that basis, discovery into those issues is beyond
the scope of this litigation, irrelevant, and not proportional to
the needs of the case.
