MedTech

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Whether you’re brainstorming, looking to launch an IPO, acquiring a key technology, or anywhere in between, the MedTech practice group at Briggs and Morgan can guide you through every phase of your MedTech business. As a MedTech industry partner, we understand your specific needs and what it takes not only to meet those needs, but also to exceed your expectations.

Our depth of experience includes patents and trademarks, financing, corporate governance, product development, supply and distribution, securities and M&A. We are adept at counseling entrepreneurs like you through the many stages of your business, from protecting your intellectual property, developing a comprehensive business plan and presenting it to potential investors, to executing on your plan and achieving your desired liquidity event.

In the fast-paced world of medical technology, it’s imperative that your legal counsel be intimately familiar with the most recent industry changes. Our team keeps up-to-date on the latest regulatory changes so we can help you anticipate and avoid potential detours and pitfalls.

Starting Up
Business success begins with critical first steps. We’ll walk with you through decisions regarding the type of entity to form and how to capitalize it initially, how to protect the name of your business, and whether buy-sell or similar agreements among the initial shareholders are appropriate. 

Protecting Ideas
We help clients obtain U.S. and foreign patents, trademark registrations, and copyright registrations, and provide extensive counseling on patent prosecution, strategy, freedom to operate and infringement issues, reexaminations and competitive assessments, copyrights, trade secret protection, overall intellectual property portfolio management and complex litigation matters. 

Securing Financing
Early-stage. We work with all potential funding sources to obtain financing for our clients, including industry-leading strategic investors, financial investors such as venture capital firms and angel investors, and other private placement investors who can provide funding until a public offering or other liquidity event.

Later rounds. We represent MedTech companies in their public offerings of debt and equity securities. Beyond initial public offerings, we also represent clients in follow-on primary offerings, and secondary offerings by selling shareholders.

Acquisitions and Exit Strategies
We advise MedTech companies of all sizes in strategic acquisitions of entire companies, product lines and specific assets, such as patents and other intellectual property, as well as in the sales of entire businesses and key assets, through both private and public transactions, such as tender offers and exchange offers.

We assist clients during all phases of a transaction, from the initial planning, letter of intent and due diligence stages through the negotiation and execution of definitive agreements, closing, and post-closing matters.  We work closely with other groups within the firm to provide seamless counsel that incorporates the handling of complex tax, securities, antitrust, real estate, environmental and employee benefit issues that often arise with the purchase or sale of a business.

Representative Matters

Briggs and Morgan has helped dozens of medical technology companies with legal matters. Below is a select sampling of our experience:

Transactional

  • Represented an S&P 500 client in its acquisition of a cutting-edge medical technology company.
  • Represented a spine device company in obtaining venture capital financing and winning an arbitration with a terminated distributor.
  • Advised a respiratory device client in its sale to an NYSE-listed healthcare company
  • Provided global intellectual property counsel to a Fortune 500 pharmaceutical company
  • Representation of a global distributor of dental, veterinary and rehabilitation medical supplies, including the declassification of its board, corporate governance and accelerated share repurchase. 
  • Representation of a medical device company since its IPO, including PIPE transactions, a debt conversion, other equity financings, a senior secured debt issuance and follow-on offering. 
  • Represented a global medical software and content provider in the pharmacology, drug interactions and patient information sectors with ongoing various licensing and other commercial matters. 
  • Represented a global provider of medical reference information in connection with software licensing matters and ongoing in various commercial matters. 
  • Represented a global provider of web-based clinical management and assistance solutions in ongoing various licensing and other commercial matters. 
  • Represented a healthcare medical content provider in ongoing representation for various licensing and other commercial matters. 
  • Represented a medical device company in a trademark infringement action related to programmable vests used to provide airway clearance treatment. 
  • Prosecute patents and trademarks for medtech companies, including the areas of sports mouthguards and dental appliances, prosthetics and artificial limbs, and catheters.

Litigation

  • Contract dispute related to overseas clinical trials of a drug used to treat Hepatitis C. 
  • Complete dismissal of seven figure breach of patent license agreement claim following week long arbitration hearing. 
  • Patent infringement action related to devices used in spinal surgery. 
  • Patent infringement action related to dialysis machines.  Patent infringement action relating to vascular stent technology.