Medical Devices

Nutter represented and counseled a Fortune 100 medical device company in non-compete, non-solicit, and trade secret strategy and litigation throughout the country.

Nutter represented a major medical device manufacturer in defending multiple whistleblower claims brought by former employees in several jurisdictions.

Nutter represented a pharmaceutical company in connection with its hiring of a senior researcher. We navigated the non-compete and trade secret issues and obtained a favorable settlement after expedited discovery.

Nutter advised a life sciences company that was accused by a competitor of patent infringement relating to an insertion method for a hemodialysis catheter. After briefing and a hearing, the court disposed of the case on summary judgment, finding the patent-in-suit obvious as a matter of law.

Nutter represented a medical device company in policing a series of trademarks through several cease and desist letters and negotiations, bringing about very favorable results short of filing in court.

Nutter repeatedly represents medical device companies in multi-district and “one-off” product liability litigations involving orthopaedic implants. The team has served as both national counsel and as part of a “virtual law firm” responsible for such diverse tasks as analysis of the science (including orthopaedics, biomechanics, biomaterials, epidemiology, and pathology), retention of expert witnesses, analysis of company documents, and development of narrative themes for company witnesses. Nutter also works with the company’s in-house and outside counsel in Canada, Europe, and Asia-Pacific on these related issues.

Nutter has represented and is representing major corporations in lawsuits involving diverse pharmaceutical and medical device products, such as surgical instruments, contact lenses, contraceptive patches, pediatric painkillers, quinolone antibiotics, migraine medication, and tissue morcellators.

Nutter developed a strategic patent portfolio for an early stage emerging medical device company focused on minimally invasive wound closure. We defended the company in a due diligence evaluation by prospective investors and asserted patents against a large medical device company, resulting in a successful exit for investors through the sale of company assets to the competitor.

Nutter provided strategic advice on the development and management of robust patent portfolios to help medical device companies present a significant entry barrier to competitors. These companies include DePuy Spine, Ethicon Endo-Surgery, and DePuy Mitek, all Johnson & Johnson companies.

Nutter analyzed the claims of third party patents and provided strategic counseling and advice to major medical device companies in connection with planned commercial launches. Products include a broad range of surgical devices in various fields, including bariatrics, spinal surgery, soft tissue fixation, neurosurgery, nutritional products, contact lenses, and pharmaceuticals.

Nutter represented a medical device manufacturer that became aware of adverse medical incidents (failures of a small number of their products during usage) shortly before closing a deal to divest the product line. Following FDA notification and the development of a product recall plan, the entire deal had to be restructured to provide for a partial closing and a supply and distribution agreement under which the client would complete the product recall and supply the buyer with products in the interim. The sale was successfully completed. Throughout the process, Nutter attorneys also advised the client, a publicly traded company, on its obligations under the Securities Exchange Act to report the transaction as it developed to the regulators and the investment community.

Nutter served as trial counsel for a medical device company that was sued for patent infringement by two separate competitors. In one case, Nutter attorneys worked with the company’s engineers to develop product modifications that were clearly outside the scope of the patent-in-suit and then negotiated a settlement on favorable terms that allowed the client to sell off existing inventory at a modest royalty rate. In the other suit, Nutter attorneys successfully terminated the litigation by winning a summary judgment of patent invalidity in court.

Nutter advised several Fortune 500 companies on patent and trademark prosecution, counseling, opinion work, and patent litigation on portfolio of pharmaceutical, medical, and biotechnology products.

Nutter represented a family of national corporations devoted to pharmaceutical, surgical, and health care services, handling litigation of discrimination and wrongful termination claims, litigation of non-competition agreements, non-solicitation agreements, and trade secrets, and preventive training on disability law, internal corporate investigations, and layoffs and reductions in force. We successfully avoided any material liability claims while adhering to budget constraints.

Nutter represented a medical device manufacturer on a national basis on real estate leasing, acquisition, disposition, financing, permitting, and environmental and other land use related activities, including negotiation of letters of intent, purchase and sale agreements, leases, lease amendments, architects and construction contracts, brokerage agreements, and other consulting arrangements.

Nutter served as legal counsel to Baril Corporation, a leading medical specialty manufacturer of infection prevention, wound care, clinical chemistry, patient monitoring, and medical and surgical consumable products, in its acquisition by TEAM Technologies, Inc., a leading North American healthcare specialty manufacturer focused on oral and dental care and medical end markets. 

Nutter advised Complete Health Economics Outcomes Research Solutions (“CHEORS”), a leading provider of health economics and outcomes research (HEOR) and market access services across the pharmaceutical, biotechnology, and medical device industries, in connection with its acquisition by PharmAlliance, a diversified pharmaceutical and life sciences services platform.