Maquet Cardiovascular, a worldwide leader in endoscopic vessel harvesting medical devices, filed an amended complaint against Saphena Medical and Dr Albert Chin on 6 February, 2017.
Maquet's amended complaint expands its patent infringement lawsuit, originally filed on December 16, 2016 in the United States District Court for the Northern District of California, by adding two claims relating to specific actions taken by Dr. Albert Chin and Saphena Medical, Inc.
The amended complaint addresses Dr. Chin's improper application for, and, as a result, Saphena improperly being assigned, U.S. Patent No. 9,119,900, covering an invention that originated with Maquet.
Maquet's amended complaint alleges that, while employed by Maquet, Dr. Chin had access to confidential work done by other Maquet employees on endoscopic vessel harvesting devices and techniques.
The amended complaint further alleges that after leaving Maquet, Dr. Chin filed a patent application on one such confidential endoscopic vein harvesting prototype. As a result, Maquet asserts that inventorship should be corrected and the patent should be assigned to Maquet.
In addition, the amended complaint accuses Saphena of false advertising in marketing its Venapax System, including Saphena's false and misleading comparisons of the Venapax System to Maquet's endoscopic vein harvesting solutions.
Among these statements are Saphena's depictions of how bipolar RF energy — energy used to heat and coagulate tissue — is used in the Venapax System as compared to Maquet's endoscopic vein harvesting devices.
Additionally, as the amended complaint asserts, although Saphena has sponsored speakers who state that Saphena's device does not result in charring of tissue, videos of the Saphena Venapax System show it produces charring, as well as blanching, of veins. The amended complaint seeks an injunction, Saphena's profits, and costs of suit to remedy the alleged false advertising.
Maquet has a history of developing solutions for hospitals that dates back to its founding in 1838. Maquet designs its products with the utmost safety for patients in mind. The amended complaint addresses Dr. Chin's incorrect representations, both to the patent office as an inventor, and Saphena's false advertising to the public.
Saphena's statements misled the medical community regarding the safety and benefits of Maquet's products and improperly overstate the abilities of Saphena's Venapax System.