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Intellectual Property: Medical Devices

LeClairRyan offers a broad range of intellectual property services that are particularly focused on medical devices. We regularly assist clients with strategically managing their patent portfolios and work with them to protect and maximize the value of their intellectual property rights. Our team of attorneys, patent agents, and Ph.D. technical specialists offers a full range of intellectual property services, including:

  • Drafting patent applications and prosecuting them through the U.S. Patent and Trademark Office
  • Managing foreign patent prosecution
  • Rendering invalidity, non-infringement and freedom-to-operate opinions
  • Conducting intellectual property due diligence
  • Preparing and negotiating license agreements
  • Conducting inventorship analyses and managing inventorship disputes
  • Determining priority in complex interferences
  • Litigating patents in both national and international venues, including ANDA litigations
  • Trademark clearance, prosecution and licensing

Our attorneys and technical specialists hold technical degrees in fields such as electrical engineering, mechanical engineering and chemical engineering. We have substantial experience and knowledge in a variety of areas in medical devices, including:

  • Fluid injection and removal systems
  • Syringes
  • Wheelchairs and hospital beds
  • Surgical guidewire devices
  • Diabetes diagnostics and monitoring devices
  • Heart tissue repair devices
  • Gastrointestinal surgical devices
  • Tissue mimicking / collection systems
  • Spine implants and surgical devices
  • Devices to treat chronic total occlusion
  • Anastamosis devices
  • Inhalators and atomizers
  • Splints and other medical supports
  • Smart bandages
  • Dental implants
  • Drug-eluting stents for delivery of specific therapeutics
  • In-dwelling catheter for detection of serum drug concentrations
  • Tissue-adhesive devices for surgical tissue repair
  • Respiratory devices and equipment associated with respiratory systems
  • Oxygen concentrators
  • Remote health status monitoring systems including sensors, body suits, mesh networks, gateway devices, classification algorithms, and network interfaces
  • Stress monitoring systems
  • Clinical analyzers including reagent inventory control systems and electromyography systems for biometric identification and medical diagnosis
  • Contact lenses including photochromic lenses
  • Mold systems for producing contact lenses
  • Medical device technologies including communication protocols, MEMS sensors, and optical coherence tomography-based otoscopes, biofilms, and nanotechnology-based energy sources
  • Apparatus to increase craniofacial bone density
  • Support bracket for gastroschisis silo

Our team is experienced in developing and executing intellectual property prosecution strategies to protect a client’s products and analyze those of its competitors. We possess substantial experience in post-issuance practice (interferences, reexaminations, reissues, and oppositions). We have handled a number of interferences before the U.S. Patent and Trademark Office on various types of technology, including pharmaceutical products and formulations. We routinely prosecute reexaminations as a strategic means to attack a competitor’s patent, either alone or in parallel with patent litigation. We have also utilized reissues to broaden or correct an issued patent as well as handle inventorship disputes. In addition, we have worked with foreign counsel in both Europe and Australia to manage opposition proceedings, particularly in cases that involve corresponding U.S. patent disputes.

Our clients range from leading companies to mid-size medical device companies to start-ups. We have experience working with technology transfer offices of large and small universities as well as the licensees that hold rights in the university-owned patents.