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Nerve Excitability Assessment in Chemotherapy-induced Neurotoxicity

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Published on: April 26, 2012

Infringement of Neuromodulation Patents (2000-2024).

Ari Rotenberg¹, Kyrstin Lavelle¹, Reina Magistro Nadler²

¹Neuroethics Canada, Division of Neurology, Department of Medicine, University of British Columbia, Vancouver, Canada.

Neuromodulation : Journal of the International Neuromodulation Society

|May 17, 2025

Summary

Neurotechnology patent lawsuits are increasing, potentially blocking innovation. This study analyzed US litigation involving neuromodulation devices, finding that patent disputes can create barriers for inventors and impact patient access to new technologies.

Keywords:

Commercialization ethics infringement innovation neuromodulation patents

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Area of Science:

Biomedical Engineering
Intellectual Property Law
Medical Devices

Background:

Neurotechnology patent applications have surged over 20-fold since 2000, indicating significant industry growth.
While patents protect inventions, they can also create barriers to further innovation in the rapidly developing field of neurotechnology.

Purpose of the Study:

To identify and analyze United States patent infringement lawsuits specifically involving neuromodulation technologies.
To assess the impact of patent litigation on innovation within the neuromodulation sector.

Main Methods:

A comprehensive search of US court pleadings filed since 2000 was conducted using the Lexis Advance® Quicklaw® legal database.
Analysis focused on the basis of complaints, types of neuromodulation involved, and court-determined outcomes of patent infringement disputes.

Main Results:

Eighteen unique patent infringement complaints were identified, with 15 filed after 2015, highlighting a recent increase in litigation.
Lawsuits involved diverse neuromodulation modalities, including spinal cord stimulation, transcranial magnetic stimulation, and vagus nerve stimulation.
Of 14 concluded disputes, eight resulted in dismissals, while others led to findings of infringement, non-infringement, or patent invalidity.

Conclusions:

Inventors in the neuromodulation field may face significant proprietary barriers during product commercialization.
The study emphasizes the need for balanced intellectual property policies to foster innovation, maintain market competition, and ensure patient access to essential neurotechnologies.