Medical Devices


Consistent with Lerner David’s overall practice, we have not confined our practice in the medical device arena to just one aspect of intellectual property. Our attorneys and paralegal professionals have teamed with medical device clients in every single area of intellectual property from procurement to litigation. Specifically, we help Fortune 500 clients, as well as startups and emerging, high-growth companies in the medical arts field with protecting their innovations, conducting diligence to avoid litigation and to evaluate and manage risk, develop licensing and development arrangements, and litigate unavoidable disputes.

As an important resource for our clients in this ever‑changing industry, our patent prosecution attorneys are proficient in other areas of IP, solidifying a well-rounded group of attorneys who understand how an invention disclosure unwinds as it develops into an application, then a patent, and then possibly into the realm of acquisition, licensing, or litigation. We creatively highlight the true novelty within that invention disclosure in order to yield effective and valuable patent assets. We also recognize when the availability of narrow protection and/or policing or damage limitations warrant trade secret protection.

Tech Savvy in the Medical Arts

Appreciating that innovation in this industry is diverse, we counsel medical device clients based on our own diverse experience in the medical arts, and thus evaluate medical devices against our expertise in all technologies. Whether a medical device relates to instruments, implants, wearables, diagnostics, manufacturing methods, surgical methodologies, imaging or robotics, we have attorneys with the proper technological background and medical device experience. Drawing from education and industry experience, as well as experience protecting IP in the medical device industry, our attorneys can “talk the tech” and protect products and methods in any area, including:

Orthopedics Dentistry
Sports Medicine Wound care
Wearables Imaging
Diagnostics Robotics
Manufacturing methods  

Our experience with these products and methods, and how they are commercialized, are revealed in various medical areas:

Instruments Surgical techniques
Cardiovascular Drug delivery
Cosmetics Endoscopy
Gastrointestinal Image-guided surgery
Neural Radiation therapy
Neurovascular Bioinformatics
Orthodontics Digital health

As skating is to a hockey player, technology is second nature to us; thus, we are able to concentrate solely on exploring solutions (i) to protect an innovation, (ii) to monetize IP via license, (iii) to analyze products for freedom to operate, (iv) to redesign a product to avoid infringement, or (v) to litigate an infringed patent or an accused product. Adept in the biomedical, mechanical, electrical and computer software technologies, we strategically and creatively apply patent law principles in tune with our clients’ engineers, scientists and other innovators. 

Navigating the Intersection of Law, Technology and Business

The entrepreneurial spirit that launched us more than 50 years ago remains our focus generation after generation. It is no more evident than in our medical device practice. Our attorneys seek to fulfill business objectives – long term and short term – with the knowledge of the industry and of our clients’ businesses and tolerance for risk. Engrained in our history is a business-oriented philosophy which permits our attorneys to address technology advances in the context of the legal and business constructs.

 Representative Matters 

Acquisition by Fortune 500 company of wearable/implantable sensor company.

License from prolific inventor in medical arts.

Successfully eliminating damages expert in large patent case prior to trial.

Regularly assist deal counsel in midcap acquisitions of closely held business entities.  

  • Overview