Intellectual Property
Apr. 19, 2012
Michael Shuster
See more on Michael ShusterFenwick & West LLP San Francisco
Shuster said he marvels at how far medical technology has come.
"In not that many years, this is translating into some very concrete impactful devices and innovations. It's a real conversion."
Among his clients, is Sony Corp. of America, for whom he serves as outside counsel for its patent portfolio and intellectual property review related to its recent acquisition of Micronics.
This Seattle-based company is developing innovative microfluidics - called a "lab on the chip" - that Shuster said have the potential to significantly improve the speed and efficiency, as well as lowering the cost of patient diagnostic devices.
"This will allow physicians to more accurately make diagnoses in real time," he said. "It's part of an emerging trend - empowering physicians to do more, while potentially at lower costs."
The ongoing challenge is to keep on top of the ever-changing patent landscape in which his clients operate.
"It's a complicated landscape and you really have to roll your sleeves up and do a fairly deep dive, and understand all of the risks," Shuster said.
As for the major changes taking place in the IP world, Shuster said he believes the switch from first to invent to first to file in the U.S. will be beneficial.
"There will be less gaming going on, and it will level the playing field," Shuster said. "This promotes innovation."
He said he is less enthusiastic about the recent U.S. Supreme Court decision that a particular diagnostic test was ineligible for patent protection because its core subject matter was an unpatentable law of nature. This will cast a shadow over innovation in personalized medicine, Shuster said.
"A tool has been removed from the tool kit, and it's likely to drive investment to areas with less risk," he said. "It's not a good thing in the long term for innovation in medicine for the United States."
- PAT BRODERICK
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