Originally Published MX January/February 2006

GOVERNMENTAL AND LEGAL AFFAIRS

For medtech executives, avoiding costly litigation and court-imposed damages requires extensive forethought and serious defensive measures.

Moderated by Steve Halasey

For medtech executives, avoiding costly litigation and court-imposed damages requires extensive forethought and serious defensive measures.

The United States is an infamously litigious society in which the deep pockets of corporate entities are often turned inside out for a variety of causes, some plainly just and some of questionable merit.

Leaders of medical device companies often feel the pinch of litigation, which may come from a variety of sources—including other companies in the industry. Over the past decade, litigation over intellectual property (IP) rights has affected large and small medtech companies alike, forcing many to pay extensive damages—including punitive damages—and to negotiate licensing and royalty structures on decidedly unfavorable terms.