--- Gautam John <[EMAIL PROTECTED]> wrote:
> I'm a little confused as to how a doctor sued a
> medical *device*
> company for infringing his surgical
> *procedure*.
>
In surgical inventions, the procedure or method
of surgery and the devices used in the surgery
are inextricably linked. This is especially true
in orthopedics where surgeries often involve
using a plethora of devices to gain access and a
plethora of implantable devices that are placed
inside the body. Basically, Michelson invented
and patented several devices that simplify spinal
surgeries and decrease recovery times. He then
had a disagreement with the company Medtronic to
which he had licensed the technology and which
was marketing his devices.
>
> But anyhow, a worrying trend?
>
No. There is legislation in the US that prohibits
procedure infringement lawsuits against doctors.
So a surgeon who uses Michelson¡¯s procedure and
devices cannot be sued. But the company that
markets Michelson¡¯s devices can be sued. This is
an extension of what has been happening in the
high tech and software world as well as in the
pharmaceutical for many decades. Generally
speaking most advances in the medical field come
from individuals and research conducted in the
universities or hospitals. These individuals and
entities have every right to gain monetarily from
their inventions along with the companies that
act merely as marketing conduits.
shyam
____________________________________________________________________________________
Get the free Yahoo! toolbar and rest assured with the added security of spyware
protection.
http://new.toolbar.yahoo.com/toolbar/features/norton/index.php
