Medtech Insight is part of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC’s registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By


Patent Troll Lawsuits Rare In Device Industry, But May Increase, Attorneys Say

This article was originally published in The Gray Sheet

Executive Summary

Patent attorneys suggest lawsuits from firms that buy up device patents purely to pursue litigation, which appears to have occurred recently with Medtronic’s kyphoplasty patents, may become a more common occurrence.

You may also be interested in...

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.

'Patent Troll' Turned Away By PTO In St. Jude Case

A patent review board found that a remote monitoring patent owned by a “non-practicing entity” was invalid due to obviousness. So-called "patent troll" cases had been relatively rare in the device arena, but there has been an increase in activity.

Patent-Reform Risks Remain For Device Firms In Lawmaker Efforts

With the legislative calendar winding down, the chances for passage of a patent bill in 2014 are waning, but lawmaker efforts targeting patent trolls should not be ignored because they hold serious potential risks for small device firms, an attorney says.

Related Content


Related Companies




Ask The Analyst

Ask the Analyst is free for subscribers.  Submit your question and one of our analysts will be in touch.

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts