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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Patent

Date & Time
  • event Date

    Tuesday, December 5, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

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.

Faculty

Scott P. McBride
Shareholder
Mcandrews, Held & Malloy Ltd

Mr. McBride’s practice focuses primarily on the litigation and trial of patent and complex technology cases in federal courts and before the Patent Trial and Appeal Board, and reexamination proceedings before the Patent Office. He has a proven ability to help clients procure or acquire valuable intellectual property to protect their business, reach advantageous arrangements for solving intellectual property disputes where appropriate, and aggressively litigate patents when necessary.

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Andrew Ryan
Partner, Post Grant Practice Chair
Cantor Colburn LLP

Mr. Ryan is a trial lawyer with almost 20 years of experience representing plaintiffs and defendants in patent cases and other intellectual property and complex litigation matters. He also has significant experience in inter partes review and other adversarial proceedings in the U.S. Patent and Trademark Office. Mr .Ryan has experience in a wide variety of industry areas, including electronics and semiconductors, robotics, automotive components, medical devices, pharmaceuticals, and biotechnology. He has participated in and led matters before the U.S. District Courts of CT, MA, NY, NJ, DE, FL, CA, TX, the Patent Trial and Appeals Board, the  International Trade Commission, and the Federal Circuit.  

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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.

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