WASHINGTON, D.C. - Christopher White, general counsel for the Advanced Medical Technology Association (AdvaMed), issued the following statement regarding a recent letter from the Department of Commerce on the Patent Reform Act of 2007 (S.1145):

"AdvaMed applauds the Department of Commerce's continued support for a strong patent system which allows America's medical technology industries to innovate tomorrow's life-saving, life-enhancing treatments. The administration is right to oppose Section 4 of the Patent Reform Act of 2007 (S. 1145) which contains language that would reduce the incentive to innovate in a way that advantages one business model at the expense of others. The apportionment of damages language undervalues innovation and may actually encourage patent infringement.

"The dynamic medical technology industry is highly innovative and brings tremendous value to patients through short life-cycles and rapidly improving technology. Incremental changes and adjustments to medical devices enable a next generation product just around the corner. These changes may appear small, but a new enhancement, material or software update can significantly advance the safety and effectiveness of the device, which can greatly improve a patient's quality of life.
"These rapid improvements should be acknowledged - not weakened - or the incentive to innovate and patient access to the latest life-saving and life-enhancing medical devices and diagnostics will be threatened.

"AdvaMed looks forward to working with Congress to strengthen the patent system in a way that spurs innovation while discouraging infringement."

For a copy of the letter, please visit: http://www.ogc.doc.gov/ogc/legreg/letters/110/S1145020408.pdf

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AdvaMed member companies produce the medical devices, diagnostic products and health information systems that are transforming health care through earlier disease detection, less invasive procedures and more effective treatments. Our members produce nearly 90 percent of the health care technology purchased annually in the United States and more than 50 percent purchased annually around the world. AdvaMed members range from the largest to the smallest medical technology innovators and companies. For more information, visit http://www.advamed.org.

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