Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Medical Technology: Recent Decisions At the Federal Circuit and the Patent Trial and Appeal Board
Recent developments at the Federal Circuit and the USPTO may inform evolving patent strategy on medical technology. In one case, the Federal Circuit invalidated a patent relating to catheter insertion technology. In addition, the Patent Trial and Appeal Board (PTAB) considered subject matter eligibility of medical technology inventions in two decisions issued less than a year apart. In the first decision, the PTAB upheld the validity of claims involving medical device location. In the second decision, the PTAB affirmed a final rejection of claims involving heart failure stratification.
On Sale Bar and the Federal Circuit
In a decision that may have escaped due attention, the Federal Circuit provided another reason for medical technology companies not to delay patent application filings. One basis for early action has been legal consequences arising from preparations for marketing and sale of a medical device invention, including regulatory compliance. In this regard, medical technology companies should be familiar with patent validity issues that can arise for a medical device invention through, for example, an early 510(k) summary filed with the FDA or even a referenced predicate device. Recently, the Federal Circuit has provided a reminder that sales and marketing activities in other contexts also can bar patent rights on medical technology.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.