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Medical Devices and Digital Health

We represent medical device and digital health companies in developing, protecting, and commercializing innovative products, with particular strength advising growth-stage companies as they scale and execute business plans on product development, strategic partnering, and investment transactions.

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Medical Devices and Digital Health

Summary

Procopio represents medical device and digital health companies at every stage of development, with a particular focus on growth-stage and mid-market businesses as they move from product development to commercialization, strategic partnerships, and exit. We work with device manufacturers, diagnostics companies, digital health and precision medicine platforms, and technology-driven healthcare businesses, as well as investors and strategic partners.

Our cross functional legal team integrates intellectual property, corporate, transactions, and litigation capabilities to address the full range of issues that arise in developing and commercializing medical technologies. We advise on patent strategy and portfolio development, licensing and collaboration agreements, financings, mergers and acquisitions, and complex disputes, with a focus on aligning intellectual property with product design, market positioning, and long-term business objectives.

Many of our attorneys have engineering or scientific backgrounds and work directly with product development and business teams for better efficiency and responsiveness.

With a strong California presence and national reach, we support clients in cross-border transactions, manufacturing relationships, and commercialization strategies, delivering practical advice with efficient staffing and consistent senior-level involvement.

Product Development and Intellectual Property

We help medical device and digital health companies develop, protect, and leverage intellectual property aligned with product design and commercialization strategy.

  • Patent prosecution, portfolio development, and global IP strategy
  • Freedom-to-operate, validity, and infringement analyses
  • IP due diligence for financings, partnerships, and M&A
  • Trade secrets and proprietary technology protection
  • Integration of IP strategy with product development and market positioning

Strategic Transactions and Commercialization

We structure and negotiate the agreements that enable companies to bring products to market and scale their business.

  • Licensing, collaboration, and strategic partnership agreements
  • Technology transactions and IP monetization strategies
  • Manufacturing, supply, and distribution agreements
  • Joint ventures and commercial arrangements
  • Cross-border transactions and international partnerships

Corporate and Financing

We advise companies and investors through formation, financing, and strategic transactions that support growth and long-term value.

  • Entity formation, governance, and founder structuring
  • Seed, venture, and growth-stage financings
  • Convertible instruments and preferred equity
  • Mergers, acquisitions, and strategic investments
  • Corporate governance and board matters

Digital Health, Data, and Compliance

We advise companies developing software-enabled medical technologies and data-driven platforms on legal and operational considerations.

  • Data privacy and cybersecurity compliance, including CCPA and GDPR
  • Data use, ownership, and commercialization strategies
  • Regulatory and compliance considerations for digital health platforms
  • Risk assessments and incident response planning
  • Integration of software, data, and product strategies

Litigation and Risk Management

We represent medical device and digital health companies in disputes involving intellectual property, commercial relationships, and product-related risks.

  • Patent infringement and trade secret litigation
  • Licensing and commercial disputes
  • Product and technology-related claims
  • IP enforcement and defense strategies
  • Risk assessment and dispute avoidance

Facilities and Operations

We support companies in securing and developing the facilities required for research, development, and manufacturing.

  • Leasing and build-to-suit arrangements for R&D and manufacturing facilities
  • Development, construction, and project financing
  • Sale-leasebacks and operational agreements
  • Coordination with product development and scaling strategies

Product Development and Intellectual Property

  • Developed and executed patent strategies for medical device, diagnostics, and digital health companies, securing protection across mechanical, electrical, software, and biotechnology-related innovations.
  • Secured hundreds of patents for clients in medical devices, implants, detection systems, and related technologies, supporting product development and commercialization.
  • Represented Boston Scientific in intellectual property due diligence in connection with its acquisition of Cardiac Pathways.
  • Advised companies on patent portfolios for digital health platforms, wireless healthcare technologies, and software-enabled medical devices.

Strategic Transactions and Commercialization

  • Negotiated licensing and collaboration agreements for medical device and digital health companies involving product development, commercialization, and international distribution.
  • Structured and negotiated commercial agreements supporting manufacturing, supply, and distribution of medical technology products.
  • Represented companies in technology transactions and licensing arrangements involving software, AI, and device-integrated platforms.
  • Negotiated and prepared income-generating licensing agreements for clients in the medical device industry.

Corporate and Financing

  • Represented emerging and growth-stage medical technology companies in venture financings, including seed, Series A, and later-stage investments.
  • Advised companies and investors in mergers and acquisitions involving medical device and technology businesses.
  • Provided corporate structuring and governance advice to companies developing digital health and device-based technologies.
  • Supported clients in preparing for strategic transactions and liquidity events, including acquisition and investment readiness.

Digital Health, Data, and Technology Integration

  • Advised companies developing AI-enabled and software-driven medical technologies on IP strategy, licensing, and commercialization.
  • Counseled clients on data use, privacy, and regulatory considerations for digital health platforms and connected medical devices.
  • Supported integration of software, data, and hardware technologies in product development and commercialization strategies.

Litigation and Risk Management

  • Represented clients in patent infringement and trade secret disputes involving medical devices, software, and related technologies.
  • Advised companies on enforcement and defense strategies for high-value intellectual property assets.
  • Provided litigation and dispute strategy for technology-driven healthcare companies facing competitive and IP-related claims.

Facilities and Operations

  • Represented companies in securing and developing facilities for research, development, and manufacturing of medical technologies.
  • Negotiated leases and build-to-suit arrangements for R&D, laboratory, and production facilities supporting product development and scaling.
  • Advised clients on operational agreements and infrastructure needed to support manufacturing and commercialization of device-based products.

When should a medical device or digital health company engage legal counsel?

Ideally, early in product development and before key decisions around intellectual property, commercialization, or partnerships are finalized. Early involvement helps ensure that IP is properly protected, product strategy aligns with regulatory and business goals, and agreements support long-term growth.

How are legal needs for medical device companies different from life sciences companies?

Medical device and digital health companies are often more product- and engineering-driven, with faster development cycles and earlier commercialization. Legal needs tend to focus on intellectual property, product development, licensing, manufacturing, and market entry, rather than clinical trial frameworks typical in pharmaceutical development.

How should intellectual property strategy align with product development and commercialization?

Intellectual property strategy should be developed alongside product design and commercialization planning, not after. For medical device and digital health companies, this means protecting core functionality, anticipating competitive design-arounds, and building a portfolio that supports licensing, partnerships, and investor expectations. We work with clients to align patent strategy with product evolution, manufacturing considerations, and market positioning to maximize long-term value.

What types of agreements are important for commercialization?

Commercialization typically involves a range of agreements, including licensing, manufacturing, supply, distribution, and strategic partnerships. These agreements define how products are developed, produced, and brought to market, and must align with both IP strategy and business objectives.

How do you support companies as they scale from early-stage to growth-stage?

As companies grow, legal needs expand beyond IP into transactions, workforce, data, and operational matters. We help clients manage that transition by providing coordinated support across disciplines, with a focus on practical execution and efficient use of resources.

How do software, data, and AI impact medical device companies?

Many modern medical technologies incorporate software, data analytics, and AI. These raise additional considerations around data ownership, privacy, cybersecurity, and regulatory compliance. We help clients integrate these issues into their overall product and commercialization strategy.

How does California’s regulatory environment affect medical device companies?

California presents unique considerations, particularly in employment law, data privacy, and business regulations. Companies developing digital health or data-driven technologies must also navigate evolving privacy frameworks such as CCPA and CPRA. We help clients manage these requirements while maintaining flexibility for growth.

Do you represent both companies and investors?

Yes. We represent medical device and digital health companies, as well as venture capital firms, private equity investors, and strategic partners. This perspective allows us to structure transactions that are commercially realistic and aligned with market expectations.

When should a company consider changing or expanding legal counsel?

As companies grow and transactions become more complex, they often seek counsel that can provide broader, integrated support and consistent senior-level involvement. This is especially true for growth-stage and mid-market companies preparing for commercialization, partnerships, or exit.

How do you approach staffing and cost efficiency?

We staff matters deliberately to align experience and cost with the client’s needs. Senior attorneys remain actively involved in strategy and key decisions, while execution is handled efficiently by the appropriate team members. Our goal is to deliver practical, high-quality advice without unnecessary layers or cost.

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Asa Nordgren

CEO & Co-Founder, Trice Imaging, Inc.