Medical Device Industry
NERA's experience in analyzing markets for medical devices and services spans a wide range of cases and issues. NERA's economists have been retained by both law firms and suppliers of medical devices to analyze the competitive issues that often arise in the context of mergers and acquisitions as well as other antitrust, contract dispute, licensing, and patent infringement matters. NERA staff members have testified and provided written analyses of pricing and innovation for a variety of medical technologies. They have extensive experience calculating patent damages, performing intellectual property valuations, and conducting transfer-pricing studies. Examples of NERA's recent work in this area include:
- Evaluating the competitive effects in pricing and innovation in eye care products, diagnostic testing equipment, reagents, and services in connection with a series of mergers and acquisitions;
- Evaluating intellectual property issues (e.g., patent damages and competition) related to numerous medical devices and processes, including angioplasty balloons, coronary stents, sutures, suture anchors, esophogeal balloon catheters, blood filters, heart-lung pumps, MRIs, ultrasound equipment, hip prostheses, and optimal flow cytometers;
- Evaluating licensing practices and the performance of IP portfolio valuations relating to emerging DNA testing technologies;
- Studying the competitive effects on pricing and innovation in implantable cardioverter defibrillators (ICDs) and pacemakers in connection with recent industry acquisitions and licensing issues;
- Analyzing competitive issues with respect to heart-lung machines, oxygenators, and other bypass surgery peripherals in a recent sequence of industry acquisitions;
- Evaluating competitive issues in dental and spinal implants for recent acquisitions;
- Studying dynamics and competitive issues for medical reimbursement software products and services, as well as pharmaceutical information/utilization products and software, in the context of recent industry consolidation;
- Testifying on liability and damage issues for a manufacturer of lithotripers sued by a repair service provider seeking access to service manuals and replacement parts; and
- Recommending arm's-length transfer prices consistent with the Section 482 regulations for a variety of medical equipment manufacturers including artificial knees and hips, stents, and surgical instruments.
