Abstract
Once a medical device company has acquired intellectual property rights; the company needs to determine the best way to successfully implement their IP strategy. Medical device companies need to take steps to protect against the loss of their intellectual property rights, which could mean that the company needs to use nondisclosure agreements and assignment agreements. By educating employees as to the importance of protecting the company’s IP, maintaining accurate and detailed records about each piece of IP and the steps that need to be taken to protect it, and conducting due diligence and policing existing rights, medical device companies can successfully implement an intellectual property strategy that is right for them.
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References
Singer Mfg. Co. v. June Mfg. Co., 163 U.S. 169 (1896).
Gilead Scis., Inc. v. Natco Pharma Ltd.,753 F.3d 1208 (Fed. Cir. 2014).
In re EchoStar Communs. Corp., 448 F.3d 1294 (Fed. Cir. 2006).
35 U.S.C. § 102(a)(1).
In re Hall, 781 F.2d 897 (Fed. Cir. 1986).
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Halt, G.B., Donch, J.C., Stiles, A.R., VanLuvanee, L.J., Theiss, B.R., Blue, D.L. (2019). Successful Implementation of a Medical Device Company’s IP Strategy. In: FDA and Intellectual Property Strategies for Medical Device Technologies. Springer, Cham. https://doi.org/10.1007/978-3-030-04462-6_13
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DOI: https://doi.org/10.1007/978-3-030-04462-6_13
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