Medical Devices

The Benesch 3iP Group is actively involved in assisting clients with their intellectual property needs relating to medical devices. Our clients include clinicians, research institutions and medical device companies. Our lawyers have assisted clients in obtaining patents on a wide variety of medical devices, including surgical tools, stimulation devices, implants, spinal fixation devices, imaging systems, ambulatory products, cell culture devices and systems, diagnostic tools, and drug delivery systems. We advise clients in developing and implementing comprehensive patent strategy, including educating inventors, assessing and processing invention disclosures, preparing and prosecuting high-quality patent applications, clearing new medical devices, and enforcing patent rights against infringers. In addition, our lawyers have represented clients involved in disputes relating to medical devices, including patent infringement actions and interferences. Through these experiences, our lawyers have become familiar with the nuances associated with the medical device industry, including regulatory compliance issues.

Services include:

  • Patent searching, including state-of-the-art searches and right-to-use searches
  • Preparing and prosecuting patent applications relating to a wide variety of inventions
  • Drafting and negotiating patent-related agreements, including licensing
  • Advising on patent infringement, validity and enforceability issues
  • Prosecuting and defending patent infringement actions, interferences and §337 actions

Recent representative engagements include:

  • Retained by a major health care institution to prepare and prosecute patent applications relating to neuro-stimulation devices
  • Retained by a major medical device company to assist with clearing new medical devices and preparing patent applications relating to prosthetic implants
  • Retained by an interventional radiologist to prosecute multiple lawsuits for infringement of patents relating to biopsy instruments
  • Retained as IP counsel to an interventional imaging device company
  • Drafted and negotiated numerous patent licenses relating to the manufacture, sale and distribution of medical devices
  • Successfully represented a senior party in a patent interference relating to an image-guided surgical system
  • Obtained patents for a neurosurgeon related to surgical tools and drug delivery systems
  • Retained by an endoscope medical device company to investigate right to use biopsy device