AdvaMed® Asks U.S. Court of Appeals to Support a Fair and Balanced Approach to Patent Damages
AdvaMed®, the Medtech Association, asked the United States Court of Appeals to support a fair and balanced approach to patent damages.
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Edwards Lifesciences v. Meril Life Sciences (US Court of Appeals) November 18, 2024
The issue at hand is patent infringement and an overly broad interpretation of the Hatch-Waxman Act’s safe harbor. AdvaMed® pointed out that this would harm innovation. The decision has profound…
The End of Chevron Deference: What it Means for Medtech
The AdvaMed® Code of Ethics on Interactions with Health Care Professionals in China – the “AdvaMed® China Code” or “Code” – serves as a foundational charter for medical technology companies’…
Circuit Court Sides with Patient Safety and Medtech Innovators in Concluding that DMCA Exemptions are Subject to Judicial Review
In a decisive victory for medtech innovation, the D.C. Circuit Court of Appeals earlier this month held that the Digital Millennium Copyright Act (DMCA) regulations are judicially reviewable. Under this…
AdvaMed® Applauds D.C. Circuit Decision Restoring Judicial Oversight to Rulemaking that Impacts Patient Care
Today, The Advanced Medical Technology Association® (AdvaMed®) commended the U.S. Court of Appeals for the District of Columbia Circuit’s decision in the case Medical Imaging & Technology Alliance and Advanced…
What Chevron’s Demise Could Mean for Medtech
The Supreme Court will soon address the fate of agency deference—an issue presented in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo—in a ruling expected to have…
Gilead Tenofovir Cases (Supreme Court of California) March 19, 2024
The case arises from Gilead Sciences’ successful HIV/AIDS drug, tenofovir disoproxil fumarate (TDF). Plaintiffs allege injury from TDF but do not allege any defect with the design, manufacture, marketing, or…
Dark Money: Undisclosed Third Party Litigation Funding and Its Impact on Medical Technology
Third party litigation funding has become widespread in the civil justice system. The growing use of TPLF to generate mass tort litigation, particularly against manufacturers of medical technology, misuses the…
The Trial Bar’s Most Wanted: Breaking Down Litigation Trends and Themes Affecting Key Industries
Although the individual claims may differ, a review of recent products liability claims levied against industries targeted by the plaintiffs trial bar reveals common threads. For example, the drivers of…
U.S. ex rel. Langer v. Zimmer Biomet (US District Court for the District of Massachusetts) January 12, 2024
Relator was contending that commission-based contract sales arrangements are per se violations of the AKS. AdvaMed® noted that this suit is the first time a plaintiff has alleged that a…