Published: September 20, 2024

As robotic systems become more sophisticated and integrated into medical practices, new legal challenges are beginning to arise. From intellectual property disputes to product liability claims, companies developing and utilizing these technologies are facing increased scrutiny as issues around patent protection, system malfunctions, and regulatory compliance are become more prominent, leading to a growing need for experts in the surgical robotics space.

We asked WIT robotics expert and accomplished engineer, Dr. Moiz Khan, to evaluate the sector with respect to ongoing trends, impactful innovations, and litigation challenges. Here’s what he has to say about the industry’s ongoing developments.

WIT: What types of legal challenges commonly arise from the use of surgical robotics in healthcare technology? What are the current limitations and challenges facing the adoption of robotics in healthcare settings?

Dr. Khan: Many novel designs in surgical robotics are introduced by startup companies, which brings about two primary legal challenges: legal battles surrounding mergers and acquisitions (M&A) and patent infringement disputes. As these startups innovate, they often face patent conflicts with larger, more established companies or other startups, leading to costly litigation.

Additionally, the adoption of these technologies in healthcare is hindered by a few key limitations: the high cost of surgical devices and their use in the operating room compared to traditional surgeries, a lack of substantial evidence proving their superiority over conventional surgical methods, and the need for surgeons to undergo extensive training to develop comfort with new techniques and technologies. These barriers not only slow adoption but can also fuel further legal complexities as companies navigate these challenges.

WIT: How will advancements in robotic technology influence potential patent disputes in the medical device space? What does the competitive landscape look like?

Dr. Khan: There are physical limitations to certain designs of surgical robotic devices, particularly in how they interface with both surgeons and patients. In some cases, large market leaders hold patents on these methods, restricting other companies from developing or using surgical robots as intended. These market leaders differentiate themselves through subtle design variations, and customer adoption often hinges on ease of use and clinical validation studies that highlight significant benefits.

Additionally, considering the recent integration of AI, it will be important to watch which companies can leverage this technology to improve surgical planning and navigation in real-time. The competitive landscape primarily consists of orthopedic, endoscopic, and laparoscopic robots used in general surgery. While there are many startups making waves globally, leading players in this space include Intuitive Surgical, Johnson & Johnson, Medtronic, and Stryker.

WIT: How are advancements in AI and machine learning enhancing the capabilities of healthcare robots, and what are the opportunities and risks associated with their growing use?

Dr. Khan: AI will enhance surgical planning by utilizing preoperative images, such as CT and MRI scans, to meticulously map out the surgical path. This allows for more precise and efficient procedures. During the surgery itself, AI can integrate real-time imaging and navigation, guiding surgical instruments with accuracy to the exact location of a tumor, bleeding, or other critical areas, ultimately improving outcomes and minimizing risks.

WIT: How do you see the regulatory landscape evolving for healthcare robotics, and what impact might this have on litigation?

Dr. Khan: Regulation will play a pivotal role in determining the speed at which a product reaches the market. The timeline will largely depend on whether manufacturers can leverage existing technologies to secure quicker clearances or if they must go through more rigorous, time-consuming application processes that require deeper scrutiny. This regulatory pathway will influence how swiftly new innovations can be adopted in healthcare.

At WIT, we have built teams of testifying experts who are prepared to handle all aspects of life sciences litigation regarding the ins and outs of medical devices. Want to learn more about what’s to come in the medical device and healthcare sectors? Reach out for more information on how our life sciences experts can inform your litigation strategy.

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