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Patent Reform A Reality: Costs And Opportunities Ahead

This article was originally published in The Gray Sheet

Executive Summary

Comprehensive patent reform, which finally passed Congress last week after six years of debate, is likely to add new costs and uncertainties for device companies, but also important new opportunities for the most proactive of firms, patent attorneys say.

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A Post-IPR World Would Hold Patent Risks And Benefits For Medtech Companies

The inter partes review process, which provides a non-court strategy for invalidating patents, could conceivably come to an end depending on the Supreme Court's ruling in a case this spring. Device firms have been wary of the IPR process, which can weaken patent protections, but attorneys point out that it has also been a helpful tool in fighting against the growing threat of patent trolls in medtech. While bets are for upholding the system, legal experts say device companies could fall back to other processes previously used to stop patent trolls.

Stryker-Zimmer Case Sets Up Tech Industry, Government Clash On Patent Damages Issue

In a case going before the Supreme Court in less than three weeks, Stryker is asking the court to broaden the circumstances under which patent damages may be tripled, a position the Obama administration appears to support but one that is getting pushback from tech firms, and at least one device-maker, Medtronic.

High Court Won’t Hear Covidien Patent Appeal

The company had asked the Supreme Court to hear arguments to restore a $176 million patent infringement judgment against Ethicon. A lower court voided the award because Ethicon developed a prototype before Covidien’s patents were filed.

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