- Funding Challenges for Medical Devices and Technology – The uncertain economy has slowed investment and lowered valuations, but family offices, venture capital (VC), private equity (PE), and strategic investors continue to invest in disruptive and best-in-class products.
- M&A Remains Most Common Exit – With the IPO window staying closed for medtech and fundraising difficult, M&A will be the main exit in 2024. Potential targets should de-risk their commercial, regulatory, and IP strategies and be prepared for deeper due diligence.
- Intellectual Property (IP) Drives Investment and M&A – Building a strategic IP portfolio of patents, trademarks, and trade secrets creates key assets and valuation drivers to help de-risk technology and attract investors, collaborators, and acquirers.
- Artificial Intelligence (AI) is Everywhere – AI impacts all areas of medical devices including delivery of treatments, R&D, clinical trials, data collection, and personalized medicine. Connected devices and telehealth continue to change the delivery of healthcare.
- Risk Mitigation Strategies – Pay attention to data security and privacy as breaches and creative attacks are on the rise. Understand how regulatory enforcement actions impact civil litigation. Plan for upticks in consumer class action lawsuits and a wider focus on alleged “forever chemicals.”
About the Authors:
David J. Dykeman is Co-Chair of Greenberg Traurig, LLP’s global Life Sciences & Medical Technology Group and serves as Co-Managing Shareholder of Greenberg Traurig's Boston office. Dykeman's practice focuses on securing worldwide intellectual property protection and related business strategy for high tech clients, with particular experience in life sciences, medical devices, robotics, materials, and information technology. He is a registered patent attorney with over 25 years of experience in patent and intellectual property law, providing strategic patent portfolio development and intellectual property advice for clients including major research institutions, multi-national corporations, and start-up companies. He also performs patent due diligence to assess patent portfolios for venture capital investment, mergers and acquisitions, and licensing opportunities.
Wayne H. Elowe is Co-Chair of Greenberg Traurig’s global Life Sciences and Medical Technology Group and Co-Chair of the Corporate Practice in Atlanta. He concentrates his practice on corporate counseling, international business and complex commercial transactions, with an emphasis on mergers and acquisitions, joint ventures, strategic investments and alliances, licensing, and technology transactions. Elowe has represented clients in over 50 countries in North America Asia, Europe, the Middle East and Latin America. He has more than 28 years’ experience representing U.S. companies doing business in China and representing Chinese public and privately-owned companies as their global counsel.
Ginger Pigott is a shareholder in Greenberg Traurig’s Pharmaceutical, Medical Device & Health Care Litigation Practice and provides critical product liability advice and litigation defense to emerging and established businesses. She manages products liability litigation matters with an emphasis on the defense of complex medical device and pharmaceutical products and handles high-stakes, single-plaintiff cases (including through trial) and complex litigation.