Four steps medtech startups can’t put off

Greenberg Traurig shareholder Ginger Pigott [Photo courtesy of Greenberg Traurig]

Developing and commercializing a new medical device is a success worth toasting for medtech startups — but that success also makes it more likely that litigation is in their future.

There are steps medtech startups can take to protect themselves down the road, said Greenberg Traurig shareholder Ginger Pigott, a litigator who defends major medical device manufacturers in court. She also advises medtech startups on early decisions and strategies that could have major ramifications down the road.

Pigott and two other women — Greenberg Traurig lawyer Miki Kolton and Fogarty Innovation Chief Innovation Officer Denise Zarins — will offer their expertise at our DeviceTalks West show in an Oct. 18 panel, “Going the Distance: Building Startups to Last.”

Pigott offered a preview of the panel for Medical Design &…

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How medtech IP can help a startup navigate a ‘brutal’ environment

Now is the time for startups to build medtech IP for a future funding or exit, experts said at DeviceTalks Boston.

[Illustration via Adobe Stock]

There’s no sugar-coating the state of venture capital investment for young medical device companies that are looking for funding while building their medtech IP.

“It’s brutal out there,” said venture capitalist Jeremy Sohn, managing general partner at P74 Ventures. “… Is it completely bleak? Absolutely not. There’s a lot of money out there, billions and billions if not trillions of dollars sitting on the sidelines. There absolutely is money to be taken. You’ve just got to be creative” to close a financing.

Sohn was speaking in early May at a DeviceTalks Boston panel with Greenberg Traurig patent attorneys David Dykeman and Roman Fayerberg, as well as Luis Barros, an MIT lecturer and managing partner of Leadi…

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Can I get IP for my healthtech AI?

With healthtech AI investment booming, companies are seeking guidance on when and how to protect that work.

Andrew (A.J.) Tibbetts, Greenberg Traurig

(Image courtesy of the FDA)

Can you get intellectual property (IP) for artificial intelligence (AI)? Absolutely. Should you file a patent application? Maybe, but there are alternatives. Should you consider data options? Yes. Is there a standard strategy for AI? Not if you want to see value from your IP.

The healthtech industry is investing heavily in software engineering and data science as it increasingly develops decision support, medical telemetry, surgical navigation and countless other medical software applications. The software investments naturally raise questions on how best to protect against copycats. It is certainly wise to obtain IP for your AI and software, to protect market position or set partnership terms. But while protecting other tec…

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How medical device companies can better protect themselves from lawsuits

Getting hit with lawsuits isn’t an if, but a when for medical device developers and manufacturers. A veteran Greenberg Traurig lawyer shares advice for staying secure.

[Image from Pixabay]

As with pharmaceutical companies and health providers, medtech is emerging from the COVID-19 pandemic with a great deal of goodwill, says Ginger Pigott, a Greenberg Traurig shareholder. Pigott has seen the industry’s improved image helping device companies with juries, mock juries and the litigation process in general.

But don’t bet on the trend lasting.

“I’ve been practicing for 30 years, and it goes in that cycle all the time,” Pigott said in a recent interview with Medical Design & Outsourcing. (Pigott will moderate a panel about building startups to last at DeviceTalks West, Oct. 19-20, 2022 in Santa Clara, California.)

In fact, Pigott suspects the present economic unc…

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Massachusetts IP lawyer wins honors for patent strategy

Patent lawyer David Dykeman is co-chair of Greenberg Traurig’s global Life Sciences & Medical Technology Group. [Photo courtesy of Greenberg Traurig]

Greenberg Traurig patent attorney David Dykeman has been recognized as “Patent Strategy Attorney of the Year – Massachusetts” by LMG Life Sciences.

Dykeman is co-chair of the law firm’s global Life Sciences & Medical Technology Group, co-managing shareholder of the firm’s Boston office, and the founding co-chair of the American Bar Association’s Medical Devices Committee. His practice focuses on securing worldwide intellectual property protection and related business strategy for high-tech clients, with particular experience in life sciences, medical devices, robotics, materials and information technology, the law firm said.

RELATED: How IP protection is enabling robotic surgery innovation

“Massachusetts is one of the thriving hubs for …

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How IP protection is enabling robotic surgery innovation

Vicarious Surgical has been generating buzz in the robotic surgery space, but none of it would happen if IP protection wasn’t shielding the value of its technology.

[Beta 2 image courtesy of Vicarious Surgical]

Count Vicarious Surgical among a group of relatively young surgical robotics companies seeking to innovate and make a difference in a space that has been dominated by Intuitive. Vicarious’ technology uses proprietary human-like surgical robots combined with 3D visualization to transport surgeons inside the patient to perform minimally invasive surgery.

Vicarious Surgical CEO Adam Sachs announced on his latest earnings call that the Waltham, Massachusetts–based company has completed the design of its Beta 2 robotic surgery platform. It’s beginning the integration phase of the build, and the company has inked center of excellence agreements with the nationwide HCA Healthcare as well as University Hospitals…

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Design patents can provide extra protection for medical robots

Filing design patents can protect a medical robot’s overall aesthetic and the software user interface.

Roman Fayerberg, Todd C. Basile and David J. Dykeman, Greenberg Traurig

[Image from Pixabay]

Medical robotics companies often emphasize utility patents when building strategic patent portfolios, given the complex nature of robotics technology. However, don’t overlook design patents, which provide another layer of protection by covering elements of robotics beyond the scope of utility patents.

A robust patent portfolio is an important indicator of a successful medical robotics company. As the medical robotics industry continues to grow and more and more companies enter the increasingly competitive market, a medical robotics company needs a comprehensive and strategic patent portfolio around its technology to compete. A strategic patent portfolio attracts investors, keeps competitors at bay, and provides …

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One of FDA’s top lawyers leaves to join Greenberg Traurig

James C. Fraser, Greenberg Traurig

Greenberg Traurig recently announced that James C. Fraser, a former associate chief counsel for litigation at the FDA, has joined its Litigation and Health Care & FDA practices in Washington, D.C.

Fraser left FDA in August. He has more than 16 years of experience in life sciences litigation and most recently worked in conjunction with the U.S. Department of Justice representing the FDA in civil litigation throughout the United States.

Robert P. Charrow recently returned to Greenberg Traurig as senior chair of the firm’s Health Care & FDA Practice after a stint as HHS general counsel.

“Having worked with Jim for several years, I am certain that his significant ability to successfully litigate complex matters concerning pharmaceuticals, medical devices, and other FDA-regulated products is of tremendous value to our clients,” Charrow said in a news…

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3 ways to a strategic medtech patent portfolio

[Photo by Hassan Pasha on Unsplash]

Protecting innovations leads to medtech success. Top Greenberg Traurig patent attorneys explain how.

Roman Fayerberg and David J. Dykeman, Greenberg Traurig

A strategic patent portfolio is key to a medtech company’s growth and success, but building a robust patent portfolio takes strategy, time and money.

While there are no shortcuts to building a strategic patent portfolio, there are several ways medtech companies can get a head start on the competition.

1. Establish processes to identify and protect inventions

Early-stage medtech companies should implement in-house processes and procedures to capture and protect innovations in a strategic manner.

Many large medtech companies employ experienced in-house patent attorneys whose primary responsibility is building and managing their company’s patent portfolio. Without in-house patent attorneys, these …

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Medical device litigation and COVID-19: What you need to know

The COVID-19 pandemic is creating a new set of medical device litigation challenges — but also a chance for an industry reset. One of Greenberg Traurig’s top medtech litigation lawyers shares her insights.

[Gavel image from Unsplash. Coronavirus image from WHO]

Sara Thompson doesn’t take any guff when she tells people that she defends medical device and pharmaceutical companies from lawsuits.

“I say, ‘I sleep great at night because the companies I represent make things that can save and sustain life,’” said Thompson, who is vice chair of the Pharmaceutical, Medical Device & Health Care Litigation Practice at Greenberg Traurig.

Thompson thinks the case in defense of medtech is even stronger now that Americans and people around the world desperately need medical devices, drugs and vaccines to overcome the COVID-19 pandemic.

“Both drug and device companies want to help. A lot of our clien…

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