Experience

Digital Health

About

Digital Health is part of our work in AI, Electronics, and Information Technology, Communications, Consumer Goods and Services, and Life Sciences.

Convergence of healthcare and technology creating new opportunities

Finnegan helps clients—from startups to established companies—with developing IP strategies to protect their innovative solutions directed to digital health technologies intended to drive down costs while improving patient care. Consumers have access to an ever-growing number of affordable and portable devices designed to provide metrics and details about personal health and lifestyle. In an increasingly connected world, this type of information can be invaluable in helping healthcare professionals provide higher levels of care. We also see drug makers partnering with digital health companies at record rates. The multi-faceted market of digital therapeutics has the promise of supplementing or even replacing traditional clinical therapy. As modern medicine grows in complexity and moves beyond the capacity of human retention—there are thousands of diagnoses, drugs, and medical and surgical procedures available today—digital health technologies provide the necessary tools to advance the level of patient care and service.

Understanding the law, science, and technology

Finnegan’s attorneys work with companies to develop IP strategies from holistic viewpoint, ensuring a true convergence of technical innovation. Our technical experience spans the life sciences (biotechnology, clinical, diagnostics, healthcare, pharmaceuticals, genomics, bioinformatics, medical devices), across computer and software technologies such as artificial intelligence, big data, and cloud storage, to industrial manufacturing, nanotechnology, sensors, and other related fields. We understand the legal nuances corresponding to these various technologies, as certain types of technologies can be more sensitive than others when it comes to specific legal aspects, so we work closely with clients to develop appropriate strategies for acquiring IP protection based on their core business goals, development speed, ease of market entry, market fluidity, changing alliances, ease of copying, and ease of enforcement. We also evaluate current industry trends, pending legislation and case law, potential product and industry developments, and the effect of those developments on our clients’ IP position. We counsel established companies innovating in intersecting industries to properly capitalize on opportunities that promote and align values across its various brands. We then advise on how best to protect and leverage their innovations through patents, trademarks, copyrights, and trade secrets, and we guide them around the barriers created by others.

As we engage with digital health innovators pushing boundaries and creating new markets, we help by:

Litigating high value products in district and appellate courts with experienced trial and appellate teams
Developing and managing a comprehensive patent portfolio by obtaining patents in the United States and abroad
Monetizing patent portfolios to generate additional revenue streams
Analyzing the competitive landscape and advising clients regarding the freedom to develop new products
Writing opinions and providing ongoing counseling for new and evolving technologies
Conducting due diligence investigations
Negotiating license agreements that provide the freedom to get their products to the market
Navigating IP-related Food and Drug Administration regulations
Creating market barriers through design patent protection
Providing trademark protection and counseling

Everyone in this industry

Experience

Finnegan represents BrainCo, a developer of brain-machine interface (BMI) wearables that combine electroencephalography (EEG) signal processing with artificial intelligence (AI) and machine learning (ML) to enable users to control electronic devices using brain signals. The firm works with BrainCo to develop and implement its intellectual property strategy, including drafting and prosecuting utility and design patent applications, in support of the company’s efforts to build a robust patent portfolio covering innovations and designs related to BMI technologies used in toys, smart home appliances, and robotic devices.

Defeated Healthbox Global Partners, LLC’s motion for preliminary injunction asking the court to immediately order Under Armour to stop using HEALTHBOX/UA HEALTHBOX for its new connected fitness product, rebrand, and recall all products from store shelves. After briefing and argument, the court ruled for Under Armour on all claims.

1:16-cv-00146, D. Del., Judge Robinson

The Patent Trial and Appeal Board (PTAB) reversed a rejection of all patent claims in a patent application related to important neurodiagnostic device features for concussion and other brain abnormality assessments. Finnegan argued throughout the examination that the examiner had interpreted a claim limitation too broadly, and failed to appreciate the advance that the application claimed. After oral argument, the PTAB judges agreed and reversed the examiner's rejection on all grounds.

A leading healthcare company that develops wireless communication systems for managing patient care turns to Finnegan for counsel in many different facets of intellectual property (IP). We study the patent landscape for wireless health management and assist the company in weaving its way through patents of its competitors; we obtain patent protection for its technology and trademark protection for its brands; and we provide guidance in drafting agreements for the transfer of technology.

We provide in-depth patent prosecution and counseling services for one of the world's leading information management companies. Our service includes preparing patent applications directed to novel methods and systems for storing, protecting, and managing information with a particular focus on records management and data protection and recovery. In addition, we have provided due diligence for our client’s mergers and acquisitions, to assist it in achieving its strategic growth goals.

Involved in ongoing patent strategy and portfolio development for multiple clients, including small startups through multi-national corporations. Representative clients include Mobileye, OrCam, Innoviz, AI21 Labs, Neuroblade, Adaptive 3D, Trax Technologies, Flatiron Health, among others.