[United States] Maquet Cardiovascular LLC v. Abiomed Inc. (CAFC, March 21, 2025)
更新日：02false38 GMT+0000 (Coordinated Universal Time)
Article information
Article type: Case note
Category: United States
Topics: —
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-10-03 (Japan time). Full English translation.
[United States] Maquet Cardiovascular LLC v. Abiomed Inc. (CAFC, March 21, 2025)
Application of prosecution history estoppel (disclaimer) across a patent family requires the strict standard of a “clear and unmistakable surrender.”
The mere fact that an applicant “acquiesced” in an examiner's proposal cannot be regarded as a clear and unmistakable surrender.
⇒ No prosecution history estoppel in this case.
Statements made during IPR (inter partes review) proceedings must also meet the “clear and unmistakable” standard.
Translator’s notes (editorial)
The source expressly combines prosecution history estoppel and disclaimer in parentheses. The translation retains that terminology rather than substituting an independently corrected doctrinal label.
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