Medical Devices
In the last few decades, the medical arts have seen an unprecedented influx of new devices and procedures for the diagnosis and treatment of diseases and conditions. Our Medical Device team has filed and secured hundreds of patents advancing the medical arts field in representing the full spectrum of patent owners, from individual inventors (such as doctors, dentists, and other medical professionals), through start-up companies, mid-size companies, hospitals, universities, to very large private and publicly-held corporations (domestic and international). Our team also has considerable expertise in conducting all types of transactional matters involving the medical arts, and if the need arises all type of litigation involving medical arts intellectual property.
Services provided by members of this Team include:
- Patentability opinions
- Freedom to operate (market clearance) opinions
- Strategic patent preparation, prosecution and procurement
- Patent portfolio evaluation and management
- Intellectual property audits
- Representation in Post-Grant Proceedings in the U.S. Patent And Trademark Office, Including Interferences, Reexaminations, Inter Partes Review, Post Grant Reviews
- Clinical/Sponsored research agreements
- Joint ventures
- License counseling, negotiation and drafting
- Alternative Dispute Resolution
- Litigation
Areas in which the Team has represented clients include:
- Anesthesia and ventilation apparatus
- Bariatric devices
- Blood treatment systems
- Cardiac rhythm diagnosis and management devices and systems
- Cardiovascular devices
- Anastamosis devices
- Dental implants
- Orthodontic devices
- ENT devices
- Gastrointestinal devices
- Hospital beds and gurneys
- Image guided radiation therapy devices
- Medical information technology systems
- Monitoring/imaging devices
- Infant and neonatal incubators
- Ophthalmology devices
- Orthopedics devices
- Prosthetics
- Peripheral vascular devices
- Pulmonology devices and systems
- Stents
- Surgical Instruments (laparoscopic and cut-down)
- Syringes and injection systems
- Wound dressing/treating devices and systems
Related Representative Matters
- Served as an arbitrator in a dispute over alleged breaches of a license agreement for proprietary rights relating to cannabis transdermal patches, plus counterclaims for fraud and tortious interference
- Salvaged valuable patent coverage from patent applications narrowly drafted and ineffectively prosecuted by prior counsel for medical device manufacturer
- Served as an arbitrator in a medical device case involving a claim for breach of a royalty agreement and a counterclaim for patent misuse/antitrust violation, and various defenses, including forgery and conspiracy
- Represented several small medical device companies in building new U.S. and international patent and trademark portfolios, including providing advice with respect to avoidance of competitors’ patents
- Provided in-house employee training to identify and protect trade secrets and avoid misappropriation of trade secrets from former employment
- Assisted a small business by successfully preparing and prosecuting hundreds of its medical device patents to the point where it has become a NASDAQ company and its products are considered the standard of care in its field
