The Patent Trolls Are Coming...To Medtech

For years medical device makers have largely avoided one of the technology world’s biggest headaches: patent “troll” litigation, but that’s about to change. What medtech needs to do to fight the trolls.

Patent litigation has been on the rise for decades, with the number of cases filed increasing six times since the 1980s. Most of the growth in the last decade can be attributed to a class of litigants who file lawsuits for a living. These plaintiffs call themselves patent aggregators or non-practicing entities (NPEs), but are commonly referred to as patent "trolls." They acquire patents with no intention of using the underlying technology. They never manufacture or sell anything. Instead, many monetize their patents by aggressively filing infringement lawsuits against businesses that the trolls argue are using the technology. This has proven to be such a lucrative practice that several NPEs are now publicly traded companies.

Given that litigation is their reason for being, it’s no surprise that trolls are fearless in filing their infringement claims....

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