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Commitments and Contingencies
12 Months Ended
Mar. 31, 2019
Commitments And Contingencies Disclosure [Abstract]  
Commitments and Contingencies

Note 12. Commitments and Contingencies

Commitments

Leases

Future minimum lease payments under non-cancelable leases as of March 31, 2019 are approximately as follows:

 

 

 

 

 

 

Operating Leases

 

Fiscal Years Ended March 31,

 

 

 

 

 

(in $000s)

 

2020

 

 

 

 

 

$

3,398

 

2021

 

 

 

 

 

 

2,712

 

2022

 

 

 

 

 

 

2,000

 

2023

 

 

 

 

 

 

1,462

 

2024

 

 

 

 

 

 

1,414

 

Thereafter

 

 

 

 

 

 

3,288

 

Total minimum lease payments

 

 

 

 

 

$

14,274

 

In February 2017, the Company entered into a lease agreement for 21,603 square feet of office space in Danvers, Massachusetts expiring on July 31, 2022. In December 2017, the Company entered into an amendment to this lease to extend the term through August 31, 2025 and to add an additional 6,607 square feet of space for which rent began on June 1, 2018. In March 2018, the Company entered into a second amendment to the lease to add an additional 11,269 square feet of space. In July 2018 the Company entered into an amendment to lease an additional 23,864 square feet of space from October 1, 2018 through September 30, 2027. With this most recent amendment, the Company has leased 63,343 square feet in total at this location as of October 1, 2018. The Company also has a right of first offer to purchase the property from January 1, 2018 through August 31, 2035. The annual rent expense for this lease is estimated to be $0.9 million.

In September 2016, the Company entered into a lease agreement for an office in Berlin, Germany which commenced in May 2017 and expires in March 2025. The annual rent expense for the lease is estimated to be $0.2 million.

In October 2016, the Company entered into a lease agreement for an office in Tokyo, Japan and expires in September 2021. The office houses administrative, regulatory, and training personnel in connection with the Company’s commercial launch in Japan. The annual rent expense for the lease is estimated to be $0.9 million.

Contingencies

From time to time, the Company is involved in legal and administrative proceedings and claims of various types. In some actions, the claimants seek damages, as well as other relief, which, if granted, would require significant expenditures. The Company records a liability in its consolidated financial statements for these matters when a loss is known or considered probable and the amount can be reasonably estimated. The Company reviews these estimates each accounting period as additional information is known and adjusts the loss provision when appropriate. If a matter is both probable to result in liability and the amount of loss can be reasonably estimated, the Company estimates and discloses the possible loss or range of loss. If the loss is not probable or cannot be reasonably estimated, a liability is not recorded in its consolidated financial statements.

Thoratec Matters

Thoratec Corporation (“Thoratec”), a subsidiary of Abbott Laboratories, has challenged a number of Company-owned patents in Europe in connection with the launch of Thoratec’s HeartMate PHP medical device (“PHP”) in Europe. The Company has counterclaimed for infringement in the Dusseldorf Regional Court in Germany. The infringement action has been stayed until resolution of invalidity proceedings at the German Federal Court of Justice. These actions relate solely to Thoratec’s ability to manufacture and sell its PHP product in Europe and have no impact on the Company's ability to manufacture or sell its Impella® line of medical devices.

Maquet Matters

In December 2015, the Company received a letter from Maquet Cardiovascular LLC (“Maquet”), a subsidiary of Getinge AB, asserting that the Company’s Impella devices infringe certain claims with guidewire, lumen, rotor, purge and sensor features, which were in two Maquet patents and one pending patent application (which has since issued as a third patent) in the U.S. and elsewhere, and attaching a draft litigation complaint.  The letter encouraged the Company to take a license from Maquet. In May 2016, the Company filed suit in U.S. District Court for the District of Massachusetts (“D. Mass.” or “the Court”) against Maquet, seeking a declaratory judgment that the Company’s Impella devices do not infringe Maquet’s cited patent rights.  The three Maquet patents will expire in September 2020, December 2020 and October 2021.

In August 2016, Maquet sent a letter to the Company identifying four new Maquet U.S. continuation patent filings with claims that Maquet alleges are infringed by the Company’s Impella devices. The four U.S. continuation applications have been issued as patents of Maquet and will expire in September 2020.

In September 2016, Maquet filed a response to the Company’s suit in D. Mass., including various counterclaims alleging that the Company’s Impella 2.5, Impella CP, Impella 5.0, and Impella RP heart pumps infringe certain claims of the three original issued U.S. patents (“2016 Action”). On July 21, 2017, the Court granted a motion to add three of the four additional continuation patents to the 2016 Action.  On April 24 and 25, 2018, the Court conducted a Markman hearing on claim interpretation. On September 7, 2018, the judge issued a Memorandum and Order on Claim Construction, where he interpreted the disputed claim terms in the case.  A hearing was held on November 2, 2018 to re-hear arguments on one of the terms. Maquet filed a motion for reconsideration of a disputed claim term. That motion was denied on May 22, 2019. Discovery remains ongoing and no schedule has yet been set for the remainder of the case.  On November 22, 2017, Maquet filed a second action in D. Mass (the “2017 Action”) alleging that the Company’s Impella 2.5, Impella CP, and Impella 5.0 heart pumps infringe certain claims of the fourth additional U.S. continuation patent mentioned above (the seventh patent overall). Discovery in the 2017 Action is ongoing and no schedule has yet been set for the remainder of the case.

In the 2016 Action and 2017 Action, Maquet seeks injunctive relief and monetary damages in the form of a reasonable royalty, with three times the amount for alleged willful infringement. In its responses to the Company’s counterclaims, Maquet admits that its current commercially available products do not embody the claims of the asserted patents.

On November 22, 2017, Maquet filed a second lawsuit in D. Mass alleging that the Company's Impella 2.5, Impella CP, and Impella 5.0 heart pumps infringe certain claims of the 7th patent. In the complaint, Maquet seeks injunctive relief and monetary damages in the form of a reasonable royalty, with three times the amount for alleged willful infringement. The first and second cases are in discovery stages.

In a series of letters during January and February 2019, Maquet informed the Company of seven new divisional patent applications filed from the patents in the 2016 Action and 2017 Action and having claims that Maquet alleges would be infringed by the Impella products if the new applications were to issue as patents. The first of the seven new applications has issued and has been added to the 2017 Action. Any patents arising from the seven new applications will expire in September 2020.

Following March 31, 2019, five of the six remaining new divisional patent applications of Maquet issued as patents or received indication from the U.S. Patent and Trademark Office that they will issue as patents. One of these patents has already been added to the 2017 Action and the parties have agreed to add the other new patents in due course.

The Company is unable to estimate the potential liability with respect to the legal matters noted above. There are numerous factors that make it difficult to reasonably estimate a possible loss or range of possible losses at this stage of each of the legal proceedings, including the significant number of legal and factual issues still to be resolved in the Maquet and Thoratec patent disputes.