Industries

Medical Devices and Technology

In the highly regulated arena of medical device manufacture, distribution and sale, few law firms possess the scientific and technical background, depth of experience, degree of legal acumen and level of industry respect of Marshall, Gerstein & Borun.

For our clients, we apply the full force of our multi-dimensional capabilities in our representation of corporations, hospitals and individuals, whose intellectual property spans diverse medical specialties and applications. The variety of our work in the field of medical device intellectual property is readily demonstrated in the examples provided below:

The team at Marshall, Gerstein & Borun handles all patent-related matters for:

• Bio-logic Systems Corp. - involving hearing screening and hearing disability diagnostic and testing equipment.
• Haemoscope Corporation - blood homeostasis analysis and testing equipment; implantable vascular filter devices (technology licensed to B. Braun Medical); and splittable sheaths for catheter placement.
• Knowles Electronics - transducers for hearing aids.

We have prosecuted numerous patents and/or litigated cases for:   

• Erbe Elektromedizin GmbH and Erbe USA, a German medical device manufacturer. Our decades-long representation of this client includes litigating numerous issues, including a recent case won by a Marshall Gerstein partner (see below) and a second case that a Firm Of Counsel attorney litigated in 1995 related to surgical instruments
• Hollister Incorporated, a major manufacturer of urinary incontinence products, including internal and external urinary catheters, ostomy devices and wound dressings.  We have extensive experience in U.S. and foreign prosecution and opposition practice in these areas.
• Hu-Friedy Mfg. Co., Inc., designs and manufactures periodontal, diagnostic, surgical, orthodontic, and other dental equipment.

Our attorneys have litigated numerous cases for clients regarding medical devices, including ventilators, pacemakers, surgical equipment and x-rays. Below is a sampling of our cases in this specialty:

Patent infringement before the U.S. International Trade Commission

• In re Dental Prophylaxis Devices (Dentsply Int’l Corp. v. Electro Medical Systems SA,* et al.)

• Electro Medical Systems SA* v. Dentsply International, Inc., et al.

Patent infringement in the Southern District of Florida

• Medtronic Corp. v. Siemens-Pacesetter Inc.*

Patent infringement in the Southern District of California

• Siemens-Elema AB* v. Puritan-Bennett Corp.

Patent infringement in the Middle District of North Carolina

• Weck Closure Systems v. PrimeSource Surgical, et al.*

Patent infringement in the Northern District of Illinois

• Wisconsin Alumni Research Foundation v. Siemens Medical Systems Corp. et al.*

Patent interference before the U.S. Patent Office Board of Patent Appeals and Interferences

• InBae Yoon (Johnson & Johnson*) v. David Y. Phelps (U.S. Surgical Corp.) 

We successfully represented Erbe Elektromedizin GmbH and Erbe USA (Erbe), a worldwide leader in electrosurgical products. The dispute involved Erbe's argon plasma coagulation (APC) probes, which are used to control bleeding during endoscopic medical procedures, such as colonoscopies.

*Party represented