Medical Device Patent Litigation

The core issues in a patent dispute are whether the patent is invalid and whether the challenged product falls within its scope. These are fought in invalidation trials and scope confirmation trials.

Such disputes are rarely settled in one round. Appeals to the Patent Court and the Supreme Court take considerable time and money, and related civil and criminal cases and preliminary injunction requests often unfold in parallel. That is why it is essential to review the dispute scenarios early and anticipate how things will develop before a full-scale dispute begins.

To handle a patent dispute successfully, a patent firm must i) understand the technology of the patent well, ii) be seasoned in conducting trials and litigation, and iii) build trust through steady communication with the client over a dispute that can last several years.

INCUBE Patent & Law Firm has patent attorneys with backgrounds in biotechnology and mechanical engineering who have won invalidation and scope confirmation trials involving medical devices, and we put our clients’ interests first at every stage.

In one case, during a patent dispute that lasted more than three years, our client was ready to give up in response to the other side’s settlement offer. Our attorneys persuaded the client to continue, and the client ultimately won.

If you are preparing for a patent dispute, we suggest working with INCUBE, which delivers the greatest results at a reasonable litigation cost.