Wednesday August 16, 8:44 am Eastern Time
Press Release
U.S. Court Reaffirms Jury Verdict in Favor of
ABIOMED in Trade Secret Case
WorldHeart Corporation's Motions Denied
DANVERS, Mass.--(BW HealthWire)--Aug. 16, 2000--ABIOMED, Inc. (pronounced
``AB-EE-O-MED''), (NASDAQ: ABMD - news) announced today that the motion for a new trial
filed by WorldHeart Corporation has been denied in the United States District Court for Delaware.
This trade secret case related to an electrical device whose function is to transmit energy across the
intact skin to power an implantable medical device. The issues in the case were tried to a jury who,
on February 4, 2000, rendered its verdict unanimously in favor of ABIOMED, Inc. on all claims. The
original lawsuit against ABIOMED was filed on January 20, 1998 by WorldHeart Corporation and
the Ottawa Heart Institute.
Following the jury verdict, and after judgment was entered by the Court in favor of ABIOMED on
March 6, 2000, WorldHeart Corporation filed a motion for relief from judgment and other actions.
On July 13, 2000, U.S. District Judge Roderick R. McKelvie issued an order denying WorldHeart's
motions. WorldHeart's time to appeal expired on August 14, 2000.
Reacting to these developments, Dr. David M. Lederman, ABIOMED's CEO, said: ``I am very
pleased that the Court has denied World Heart's groundless motion, and that we are now at the end of
this costly and distracting litigation which was based on capricious, false and unsupportable claims.
While we are focused on our efforts to be first in the clinic with an implantable replacement heart,
we plan to increase our vigilance and take all necessary action to protect our extensive intellectual
property rights.''
Based in Danvers, Massachusetts, ABIOMED, Inc. develops, manufactures and markets innovative
cardiovascular products and is a leader in the research and development of advanced heart assist
and heart replacement systems. The Company's BVS® is the most widely used FDA-approved
advanced cardiac assist device for patients with reversible heart failure. The Company's
AbioCor(TM) Implantable Replacement Heart is in an advanced stage of development and is
intended to extend the lives of patients with irreversible end-stage heart failure.
Contact:
ABIOMED, Inc.
John F. Thero
Chief Financial Officer
or
Michael G. Verga, Esq.
Intellectual Property Counsel
(978)777-5410
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