Not only is it important for medical device companies to obtain intellectual property rights, but they must also actively monitor for infringementInfringement of those rights, and seek enforcementEnforcement of their IP rights. Medical device companies must police the market and the activities of others and take steps to prevent, avoid, and mitigate infringementInfringement and must take steps to enforce their rights. There are various causes of action that may be available, including the misappropriationMisappropriation of trade secrets, patent or trademark infringementInfringement, or trademark dilutionTrademark dilution. These matters can be resolved in a number of different ways, such as through mediationMediation, licensingLicensing agreements, royaltyRoyalties payments, or litigationLitigation. Medical device companies need to carefully considered how best to monitor their intellectual property rights, and how to handle any problems that might arise concerning those rights.

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Enforcement, Infringement, and Monetization of Intellectual Property Rights

  • Gerald B. Halt, Jr.,
  • John C. Donch, Jr.,
  • Amber R. Stiles,
  • Brandon R. Theiss,
  • Michelle Byrne,
  • William F. Hodnick,
  • Joshua Eldridge,
  • Randy Goodman,
  • Lisa Jenkins VanLuvanee,
  • Dana L. Blue

摘要

Not only is it important for medical device companies to obtain intellectual property rights, but they must also actively monitor for infringementInfringement of those rights, and seek enforcementEnforcement of their IP rights. Medical device companies must police the market and the activities of others and take steps to prevent, avoid, and mitigate infringementInfringement and must take steps to enforce their rights. There are various causes of action that may be available, including the misappropriationMisappropriation of trade secrets, patent or trademark infringementInfringement, or trademark dilutionTrademark dilution. These matters can be resolved in a number of different ways, such as through mediationMediation, licensingLicensing agreements, royaltyRoyalties payments, or litigationLitigation. Medical device companies need to carefully considered how best to monitor their intellectual property rights, and how to handle any problems that might arise concerning those rights.