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Our Medtech and Digital Health experience

For decades, our international network of life sciences and technology specialists have been advising the world’s leading practitioners in the sector. Here, we look at the key considerations for Medtech organisations and how we help them succeed.

Commercial transactions and M&A

Corporate transactions and commercial contracts in the Medtech and Digital Health sector require expert guidance and innovative solutions. Our experience and track record in the field is second to none.

Takeovers, disposals, joint ventures and restructurings are rife in Medtech and Digital Health. As the velocity of change shows no sign of slowing, the sector’s most successful companies, commercial and investment banks and private equity firms are clamouring to secure the most beneficial and strategic commercial deals and corporate transactions.

Deal activity is set to increase as investors and the big players look to acquire innovative start-ups with market-changing technologies. In a sector immune from macro-economic changes, enhanced portfolios and AI transformations are desirable steps forward.

We are primed and ready to assist with corporate and commercial ventures in the Medtech and Digital Health space. Our clients know us as ambitious, creative and enterprising, a global team of experts who think differently and help them embrace the most complex and cutting-edge commercial opportunities.

We find innovative new ways to deliver our services and exceed expectations. We support public takeovers, private M&A, equity capital markets, private equity, joint ventures, disposals and corporate restructurings.

We have a proven track-record of advising clients on the full range of corporate transactions and support them on complex, challenging and high-value commercial contracts and projects in Medtech and Digital Health. Our commercial experience includes advising on every type of commercial contracts including

  • outsourcing;
  • manufacturing and distribution agreements;
  • services distribution;
  • joint venture and collaboration arrangements;
  • co-marketing and co-promotion agreements;
  • software development and licensing; and
  • white labelling.

We also advise on non-contractual commercial issues such as data protection, cybersecurity, freedom of information, ecommerce and sales law.

To each of our projects in the corporate and commercial space, we also bring the full range of specialist areas when appropriate including medical device regulation, antitrust and competition, employment and benefits, environmental, tax and corporate governance.

We work hand-in-hand with our Banking and Finance, Capital Markets and Litigation teams to cover the full spectrum of business law advice.

Few other firms in the world can match our level of service and quality of guidance in this sector. Contact us now.

Regulatory guidance and governance

Medical device regulation is undergoing considerable change. The innovative nature of the Medtech and Digital Health sector means that clients face stringent scrutiny as they undertake product development and due diligence.

Our multijurisdictional team of experts advise on stand-alone regulatory matters as well as contentious matters and transactions, including patent litigation and M&A. Many of our team have technical and scientific backgrounds, which gives us a deeper understanding of our clients’ markets and needs.

Our experience of providing regulatory compliance counselling to clients in the medical devices industry means we are world leaders in this area of practice.

Increasingly, we work with clients on data projects, considering how data is gathered, stored and exploited, in particular in light of the stringent data protection considerations applied to sensitive healthcare data. For example, we are advising clients operating in the EU on the passage of the European Health Data Space Act.  It applies to manufacturers, importers, distributors, suppliers of EHR systems and wellness applications on the EU market, as well as users of these systems. 

We also advise on complex areas such as combination products, companion diagnostics and borderline products. 

We have also worked with clients on digital initiatives, including issues around how medical apps and might be regulated, and how AI is used in the Medtech and Digital Health sector. We can help you with data and cybersecurity issues, which are crucial for protecting system integrity and patient safety in the healthcare sector.

IP matters

As the Medtech and Digital Health sector experiences exponential growth and innovation, progressive players seeking to seize their opportunities need to secure and protect IP rights to new products and processes.

Innovation is the lifeblood of the Medtech and Digital Health sector. New products based on advanced technologies, and the use of AI and data analytics are producing novel solutions to healthcare challenges. But intense competition means being first to market is essential to protect the crown jewels of your business.

In this rapidly changing international sector, we have steadily grown our IP practice. We understand that globalisation and rapid advances in technology have brought new opportunities and threats in for the world's leading healthcare companies. As a result, you need to invest in global IP portfolios and IP enforcement. 

Many of our IP lawyers come from science, technology or engineering backgrounds, and bring that expertise to our medical technology clients. 

We integrate our combination of technical knowledge and sector expertise with industry leading antitrust, arbitration, employment and regulatory expertise.

A&O manage our clients’ most complex IP issues and handle strategic litigation and commercial deals around the world, a position other law firms struggle to match.

We advise on the full spectrum of IP matters. This includes the contentious and non-contentious aspects of patents, trademarks and brands (including trade mark filing and portfolio management), designs, domain names, sponsorship rights, copyright (including broadcast rights) and trade secrets.

We also advise on the acquisition of IP rights, joint ventures, licensing agreements, collaborative research and development arrangements, technology transfer agreements and distribution agreements.

Disputes and arbitration

Life sciences projects are complex, risky, lengthy, and involve many parties, places and secrets. Disputes can be costly and disruptive. To avoid them, international arbitration can help avoid and settle them before they become material.

Like all high risk, high stakes commercial activities, the cross-jurisdictional and collaborative nature of life sciences innovation can lead to dispute situations.

Choosing the right forum for resolution and exploring avenues for arbitration and negotiation are aspects of our expertise when advising our clients in the Medtech and Digital Health sector.   

We have extensive experience of advising on commercial and contract disputes in the Medtech and Digital Health sector.

We are experts in advising board members and senior level executives in relation to corporate risk management.

We also pursue alternative avenues of dispute resolution and advise on choosing the method most appropriate to our clients.

Across our global network, we have significant experience of mediation, international arbitration and negotiation.

We also offer product liability expertise. Our team provide advice in areas including product recall, product safety, product liability insurance, supply chain risk management and IP-related investigations.

Medtech and Digital Health

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Medtech and Digital Health are evolving so rapidly that their inherent risks and legal challenges need to be carefully managed and mitigated.

Discover more the latest developments in Medtech and Digital Health.