Medical Device Patents Infringement and Enforcement: Monitoring, Diligence, Alternatives, Path of Enforcement

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Tuesday, February 9, 2021

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Course Materials

This CLE course will guide patent counsel on the monitoring and enforcing of medical device patents. The panel will address the considerations before enforcing a patent and will discuss the path of enforcement. The panel will discuss alternatives, such as licensing or paying royalties, and best practices for enforcement.

Description

Patent litigation related to medical device technology is expensive. If successful, it can be very lucrative, but it can prove very costly if done incorrectly or there is a failure to be adequately prepared.

Patent enforcement can result in injunctive relief or a damages award. Bringing suit can also result in competitors agreeing to pay royalties rather than endure prolonged litigation. It can also result in a licensing campaign for patented medical device technology.

Patent counsel should keep in mind important considerations when launching a patent enforcement campaign against a competitor. Among those considerations are potential retaliatory risks, harm to revenue and market share, and significant costs associated with litigation. Before bringing suit, patent owners and their counsel should conduct diligence on the accused infringer's patents.

Listen as our authoritative panel of patent attorneys examines infringement and enforcement of medical device patents. The panel will address monitoring and the considerations before enforcing a patent. The panel will also discuss the path of enforcement. The webinar will address alternatives, such as licensing or paying royalties, and best practices for enforcement.

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Outline

  1. Monitoring
  2. Key considerations for enforcement
    1. Retaliation
    2. Costs
    3. Revenue and market share risks
  3. Alternatives
    1. Licensing
    2. Royalties
  4. Best practices for enforcement
    1. Diligence
    2. Determining the likelihood of success
    3. Assessment of retaliatory litigation
    4. Cease and desist
    5. Path of enforcement (injunctive relief, ITC, etc.)

Benefits

The panel will review these and other relevant issues:

  • Enforcement alternatives for medical device patents
  • Considerations when determining the path to the enforcement of medical device patents
  • Understanding and minimizing the risks of retaliatory litigation

Faculty

Carrozza, Michael
Michael J. Carrozza
Partner
McAndrews Held & Malloy

Mr. Carrozza focuses his practice on intellectual property litigation and licensing. He advises clients on IP in...  |  Read More

McBride, Scott
Scott P. McBride
Shareholder
McAndrews Held & Malloy

Mr. McBride’s practice focuses primarily on the litigation and trial of patent and complex technology cases in...  |  Read More

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