Experts: Device Industry May See Fewer Patent Suits

The medical device industry may see fewer patent suits in the future as companies become smarter about when and what to patent, experts say.

The device industry is a breeding ground for litigation, Nerac patent attorney Scott Lloyd said. He pointed out that companies often become the target of litigation by patenting or publishing something.

As a result, many companies, particularly startups, are reluctant to patent in the initial phase of product development, Lloyd said during a podcast by Nerac, an advisory firm.

These companies may think they do not have the resources to see the process through, or they may be concerned about what technology will come from competitors who also are reluctant to publish, he said.

Unlike in the pharmaceutical industry where companies patent particular compounds, there are usually multiple ways to arrive at a functional device, David Hsu, a management professor at the University of Pennsylvania, said.