With recent changes to US patent laws, a landmark US Supreme Court decision, and the emergence of so-called “patent trolls” in the medical device community, it seems everyone is talking patents. Medical device patents and litigation are “booming,” according to industry experts, and medtech companies need to pay close attention.

Privately held DFINE Inc., a supplier of tools for treating vertebral compression fractures in the spine, is trying to reposition itself from being a spine company to an “interventionalist company” that provides tools necessary to interventional radiologists, neuroradiologists, and oncologists.

Medtronic's INFUSE bone morphogenetic protein is the only product in the musculoskeletal industry that has changed the bar in terms of bone healing, and it is under fire for complications related to off-label use. As regulators and payors crack down on INFUSE and hospitals restrict access to the product, surgeons are seeking alternatives and there are a number of companies lining up to fill the void