Medical Devices

Sterne Kessler’s medical device industry team has broad and deep experience providing integrated IP services to leading medical device innovators.

Sterne Kessler’s medical device team is highly experienced and is tuned into new developments in the industry. As a result, we work efficiently with clients’ teams — executives, in-house counsel and inventors — to provide effective counsel on IP strategy and deal negotiation focused on achieving strategic corporate goals.

Innovation is accelerating and revolutionizing medical treatments. Smart technologies that integrate engineering and biology are emerging and fields such as nanotechnology are being integrated in medical device product development. With so much change on the horizon, a comprehensive IP strategy is critical for companies innovating in this sector.

We help medical device clients manage the interplay between the patent process and the FDA approval process. Our team helps clients manage astute product development strategy, coordinating assertions made in FDA filings with claims (and the timing of filings) made in patent applications. Further, we understand the importance of product lifecycle management in developing an appropriate IP strategy and work with clients to obtain patents optimized to product lifecycles.

With more than 60 Ph.D.s on staff, we have the technical experience medical device clients need in scientific and technological disciplines, including biomedical engineering; mechanical and materials science engineering; and polymer and organic chemistry. We represent companies, including three of the Global Top Twenty, working in a variety of areas including:

  • Cardiovascular devices (including catheters and stents)
  • Cardiac rhythm treatment methods
  • Pacemakers and defibrillators
  • Peripheral vascular devices
  • Neurovascular treatment methods
  • Devices for preserving neural pathways
  • Syringes and needle assemblies
  • Auto-injection devices
  • Surgical gloves
  • Inhalers
  • Insulin delivery devices
  • Tracheotomy tubes
  • Cervical caps
  • Incontinence and impotence treatments
  • Circadian phase modification
  • Surgical supports
  • Diagnostic systems
  • Diagnostic kits and reagents
  • Hematology instruments
  • Sleep quality testing instruments

Our experience on behalf of medical device clients includes:

  • Drafting and prosecuting patent applications
  • Conducting interviews with patent examiners
  • Negotiating licenses
  • Enforcing patent rights in district court and ITC litigation
  • Leading contested post-grant proceedings at the PTAB
  • Providing opinions on infringement, validity and patentability
  • Creating company-wide IP guidelines
  • Conducting IP audits
  • Conducting IP due diligence investigations
  • Assessing IP valuation
  • Providing international protection strategy

Related Resources

Bylined Articles

Introduction (2023 ITC Section 337 Year in Review: Analysis & Trends)

Sterne, Kessler, Goldstein & Fox February 14, 2024

Reports

2023 ITC Section 337 Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox February 14, 2024

Press Release

Sterne Kessler Publishes 2023 ITC Section 337 Year in Review: Analysis & Trends Report

Sterne, Kessler, Goldstein & Fox February 14, 2024

Webinar

2023 PTAB Year in Review: Analysis & Trends

February 7, 2024 1:00 PM - 2:00 PM PST

Webinar Recordings & Materials

2023 PTAB Year in Review: Analysis & Trends

February 7, 2024

Bylined Articles

Global Design Law and Policy: Gains and Setbacks in Protecting Digital and Virtual Designs

Sterne, Kessler, Goldstein & Fox January 31, 2024

Bylined Articles

U.S. Court of Appeals for the Federal Circuit: New Chapters in Two Ongoing Sagas

Sterne, Kessler, Goldstein & Fox January 31, 2024

Bylined Articles

U.S. District Courts: Significant Design Patent Cases on District Court Docket in 2023

Sterne, Kessler, Goldstein & Fox January 31, 2024

Bylined Articles

PTAB: Design Patents for GUI Interface Cancelled in AIA Proceedings

Sterne, Kessler, Goldstein & Fox January 31, 2024

Bylined Articles

An Introduction from the Editor – 2023 Design Patents Year in Review: Analysis and Trends

Sterne, Kessler, Goldstein & Fox January 31, 2024

Reports

2023 Design Patents Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox January 31, 2024

Press Release

Sterne Kessler Publishes 2023 Design Patents Year in Review: Analysis & Trends Report

Sterne, Kessler, Goldstein & Fox January 31, 2024

Webinar

2023 Design Patents Year in Review: Analysis and Trends

January 30, 2024 1:00 PM - 2:00 PM PST

Webinar Recordings & Materials

2023 Design Patents Year in Review: Analysis and Trends

January 30, 2024

Bylined Articles

Axonics, Inc. v. Medtronic, Inc., 73 F.4th 950 (Fed. Cir. 2023) (Lourie, Dyk, Taranto)

Sterne, Kessler, Goldstein & Fox January 24, 2024

Bylined Articles

Elekta Limited v. Zap Surgical Systems, Inc. 81 F.4th 1368 (Fed. Cir. 2023) (Reyna, Stoll, Stark)

Sterne, Kessler, Goldstein & Fox January 24, 2024

Bylined Articles

A Trio of Claim Construction Cases

Sterne, Kessler, Goldstein & Fox January 24, 2024

Press Release

Sterne Kessler Publishes Federal Circuit IP Appeals: Summaries of Key 2023 Decisions Report

Sterne, Kessler, Goldstein & Fox January 24, 2024

Webinar

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions

January 23, 2024 1:00 PM - 2:00 PM PST

Webinar Recordings & Materials

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions

January 23, 2024

Reports

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

Sterne, Kessler, Goldstein & Fox January 22, 2024

Speaking Engagement

Understanding the Semiconductor Intellectual Property (SIP) Business Process

January 13, 2024 9:00 AM - 10:20 AM PST

Bylined Articles

PTAB Spotlight Series with Jason Fitzsimmons

Sterne, Kessler, Goldstein & Fox December 5, 2023

Press Release

Sterne Kessler Publishes 2022 Design Patents Year in Review: Analysis and Trends Report

Sterne, Kessler, Goldstein & Fox February 17, 2023

Reports

2022 Design Patents Year in Review: Analysis and Trends

Sterne, Kessler, Goldstein & Fox February 17, 2023

Bylined Articles

An Introduction from the Editor – 2022 Design Patents Year in Review: Analysis and Trends

Sterne, Kessler, Goldstein & Fox February 17, 2023

Bylined Articles

US District Courts: A Busy Year for Design Patents, Including a $17M Jury Verdict

Sterne, Kessler, Goldstein & Fox February 17, 2023

Bylined Articles

Federal Circuit Appeals: More Design Patent Case Reversals

Sterne, Kessler, Goldstein & Fox February 17, 2023

Webinar Recordings & Materials

2022 Design Patents Year in Review: Analysis and Trends

February 15, 2023

Bylined Articles

Intuitive Surgical, Inc. v. Ethicon LLC, 25 F.4th 1035 (Fed. Cir. 2022) (O’Malley, Clevenger, Stoll)

Sterne, Kessler, Goldstein & Fox February 6, 2023

Bylined Articles

Arthrex, Inc. v. Smith & Nephew, Inc., 35 F.4th 1328 (Fed. Cir. 2022) (Moore, Reyna, Chen)

Sterne, Kessler, Goldstein & Fox February 6, 2023

In the News

Beltway Moves: White House Lawyers Join BigLaw

Law360 October 7, 2022

In the News

Skilled in the Art With Scott Graham

Law.com October 7, 2022

In the News

Sterne Kessler Adds Ex-Lead Patent Judge in DC

Law360 October 3, 2022

In the News

Patent Judge Joins Sterne Kessler’s Electronics Practice Group

Bloomberg Law September 30, 2022

Press Release

USPTO Lead Administrative Patent Judge Jennifer Meyer Chagnon Joins Sterne Kessler

Sterne, Kessler, Goldstein & Fox September 29, 2022

In the News

New Trustees to Join Cornell Board

Cornell Chronicle June 2, 2022

In the News

Boston Scientific Chronic Pain Patent Nixed by Federal Circuit

Bloomberg Law March 18, 2022

In the News

Fed. Circ. Gives 7 Patent Appeals Quick Closure

Law360 March 10, 2022

In the News

Federal Circuit Rejects Boston Scientific Patent Validity Claims

Bloomberg Law March 10, 2022

Press Release

Sterne Kessler Releases 2021 Design Patents Year in Review: Analysis and Trends Report

Sterne, Kessler, Goldstein & Fox March 2, 2022

Reports

2021 Design Patents Year in Review: Analysis and Trends

Sterne, Kessler, Goldstein & Fox March 1, 2022

Bylined Articles

US District Courts: No Slowdown in Filings

Sterne, Kessler, Goldstein & Fox March 1, 2022

In the News

Three Reasons Why the SurgiSil Design Patent Case is Important

Managing IP October 14, 2021

In the News

AbbVie Settles Patent Dispute Over Muscle Stimulation Tech

Law360 September 7, 2021

In the News

Skilled in the Art

Law.com April 23, 2021

Press Release

Sterne Kessler Named Among 2021 “Best Law Firms” by Best Lawyers

Sterne, Kessler, Goldstein & Fox November 6, 2020

Client Alert

IP Hot Topic: Patent Prosecution Tool Kit

July 7, 2020

Reports

Patent Prosecution Tool Kit

Sterne, Kessler, Goldstein & Fox July 7, 2020

Bylined Articles

Update on Patent Subject Matter Eligibility & Abstract Ideas

Sterne, Kessler, Goldstein & Fox July 7, 2020

Bylined Articles

Patent Term Extension

Sterne, Kessler, Goldstein & Fox July 7, 2020

Bylined Articles

Medical Device Considerations

Sterne, Kessler, Goldstein & Fox July 7, 2020

Bylined Articles

USPTO COVID-19 Prioritized Trademark Examination Program

Sterne, Kessler, Goldstein & Fox P.L.L.C. June 30, 2020

Bylined Articles

Safety First – Describing Personal Protective Equipment for Proper Classification

Sterne, Kessler, Goldstein & Fox P.L.L.C. June 30, 2020

In the News

Good Works: Attorney makes face shields with 3D printer

Virginia Lawyers Weekly May 18, 2020

Webinar

Innovation in the Age of COVID-19

April 14, 2020 11:00 AM - 1:00 PM PST

In the News

Webinar on Innovation in Age of COVID-19

Patent Docs April 11, 2020

In the News

3D Printing Ingenuity During Coronavirus Comes With IP Risks

Bloomberg Law April 1, 2020

In the News

Rival Says Allergan Muscle Toner Not As Strong As Claimed

Law360 February 20, 2020

Press Release

Director Eldora L. Ellison, Ph.D. Receives Top Honor at 2019 LMG Life Sciences Awards

Sterne, Kessler, Goldstein & Fox P.L.L.C September 23, 2019

PTAB Strategies and Insights

PTAB Strategies and Insights – February 2019

February 22, 2019

In the News

Zimmer, Stryker Set to Fight Over Huge Damages Award

Bloomberg Law December 3, 2018

Bylined Articles

The State of Patentable Subject Matter Internationally

October 10, 2018

Press Release

Sterne Kessler Recognized By LMG Life Sciences Among The Top IP Firms and Attorneys

Sterne, Kessler, Goldstein & Fox September 25, 2018

Bylined Articles

The Latest in Patenting Diagnostic Methods

Bloomberg Law September 24, 2018

In the News

Apple, Fitbit Get Heart Sensor Patent Slashed At PTAB

Law360 August 7, 2018

Speaking Engagement

Israel Global IP Strategy Forum

July 9, 2018

In the News

Patent Owners Should Think Hard Before Giving Up At PTAB

Law360 January 31, 2018

Speaking Engagement

IP Days 2017 Seminar

September 20, 2017 12:00 AM - 11:59 PM PST

Bylined Articles

Patent Term Extension Considerations For Regulated Products

Law360 March 18, 2016

Bylined Articles

Mind-Controlled Exoskeleton at the FIFA World Cup: A Public Display Is a Public Disclosure

Bloomberg BNA - Medical Devices Law & Industry Report March 14, 2015

Bylined Articles

The Supreme Court’s New Definiteness Standard and Its Effect on Medical Device Patents

Bloomberg BNA Medical Devices Law & Industry Report July 9, 2014