Medical Device and Diagnostics is part of our work in Life Sciences.
Finnegan works with innovative clients of all sizes, including Fortune 100, Global 1000, and startups in the medical device and diagnostics industries. Saving lives, enhancing patients’ quality of life, improving healthcare delivery, and creating less-invasive ways to treat diseases are top priorities for the medical device industry. The competitive diagnostics industry seeks to improve testing with faster and more accurate results, as well as to develop new methods to detect evolving targets. Innovators face numerous challenges, including a highly litigious patent environment, tight profit margins, short product lifecycles, reimbursement programs that can affect product viability, and costly research and development activities that often require lengthy clinical trials. In addition, new devices must comply with the U.S. Food and Drug Administration’s safety and marketing regulations, which may require public disclosure of sensitive design information—all before the device is brought to market. To remain competitive, companies must protect and enforce their intellectual property rights.
At Finnegan, we have the legal experience and technical expertise to help clients address the many issues that arise in developing, protecting, and commercializing medical device and diagnostic inventions. Our experience ranges from working with in-house legal counsel at large companies on prosecution, due diligence, licensing, and high-stakes litigation, to advising senior management of startup companies on strategic business decisions to help get the company off the ground. We understand the highly competitive nature of the medical device industry, the demands of investors and shareholders to generate value, and the importance of securing early and strong protection of IP rights. We also help clients navigate the complex and evolving patent laws that bring challenges to protecting diagnostic inventions.
From determining the competitive landscape for new products to developing winning litigation strategies, we help by:
We work with medical device clients across a broad range of disciplines and technology, including:
We work with diagnostics clients across a broad range of disciplines and technology, including:
1:23-cv-00756, D. Del., Judge Williams
1:21-cv-01610, D. Del., Judges Andrews, Hall
Represented Intuitive Surgical Operations on appeals from petitions for inter partes review (IPR) filed by Auris Health, Inc.
21-1473, -1732, -1733, Fed. Cir., Judges Prost, Dyk, Reyna
IPR2019-01173, -01533, -01547, PTAB, Judges Franklin, Hulse, Jenks, Worth, Yang
3:21-cv-16766, D.N.J., Judges Kirsch, Singh
2:19-cv-14240, D.N.J., Judges Martinotti, Dickson
Successfully represented Propel in defending against a preliminary injunction action filed by a competitor for patent infringement on orthodontic devices. The court denied any of the relief requested by the patentee, finding that their asserted patent is likely invalid. On appeal, the Federal Circuit affirmed the district court’s decision.
5:17-cv-03801, N.D. Cal., Judges Davila, Van Keulen, Seeborg
18-1534, Fed. Cir., Judges Prost, Reyna, Wallach
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Is There a “Right to Repair”? and What Do IP Professionals Need to Know About It?
April 6, 2023
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Federal Circuit IP Blog
February 23, 2023
Apple Eyes Long-Term Software Fix for Watch While Appealing Ban
December 28, 2023
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