Emerging Issues in Healthcare IP: Medical & Mobile Tech Explored

Segment 1

Edward J. Kelly ,Partner
Ropes & Gray LLP

• Medical & Mobile Tech From IP Perspective
• Patent Landscape
• Staying away from trouble
• The Challenge to Build Reliable Patent Rights
• Changing Standards
• The “Right” mHealth Patenting Process
• CyberSource
• The Flip-Side of Changing Patent Standards
• Perspectives From Judges
• The PTAB Options
• New Strategic Options
• Historical PTO Challenge Mechanisms
• Third Party Observations US and Europe
• UPC Changes Opposition Analysis
• US Companies Statistically Underutilize EPO Opposition
• Reasons to Oppose at the EPO
• Data on Oppositions

Segment 2

Dominique R. Shelton, Partner, 
Alston & Bird LLP 
 

• Dominique will discuss the growing jurisprudence around medical mobile apps. Healthcare providers, vendors and other companies are increasingly using new technologies to connect with patients.


• On September 9, 2013, the CA Governor signed into law AB 658 which added mobile app developers to the definition of "providers of healthcare" pursuant to California's Medical Information Act. This bill makes apps that make patient health records available required to obtain authorization to share with third parties.
   
• On September 25, 2013, the FDA issued is final medical mobile app guidance. This guidance provides information regarding how and under what circumstances medical mobile apps may be considered akin to medical devices.
   
• This focus on apps dovetails with national attention being paid by regulators and the class action bar on mobile apps more broadly. In particular, four other mobile guidance documents were issued this year by the CA AG, the FTC, the Dept, of Commerce National Telecommunications and Information Administration ("NTIA"), the Article 29 Working Group, the DAA and others. Some 15 class actions have been filed regarding mobile apps and behavioral tracking and privacy disclosures in general.
   
• Healthcare companies need to be aware of this general environment as well as the specific developments in California and the FDA in order to properly advise regarding their healthcare data.