Legal

                                                                                                                                             
AdvaMed’s Legal Committee and General Counsel manage legal issues and policies that affect the Association’s members ranging from preemption to intellectual property matters and AdvaMed's Code of Ethics. (For the Code of Ethics webpage click here.) 

"Innovation in the field of medical technology holds great promise to reduce medical errors and prevent infections, while helping people live longer and healthier lives.  Working with industry stakeholders, our goal is to establish a more predictable legal environment for medical innovation and technology that paves the way for safer and more productive healthcare." - Michael A. Lynch, Cardinal Health, Legal Committee Chair

Retrieving a Forgotten Password for the AdvaMed Web Site

Legal Issues and Positions

Gift Disclosure Legislation

• Federal
• Summary of S.2029, May 20, 2008
• AdvaMed Supports Revised Disclosure Legislation, May 22, 2008 Press Release
• Physician Payments Sunshine Act S.2029 and H.R.5605
• Comparison of S.2029 and H.R.5605
• AdvaMed position on S.2029, the Physician Payment Sunshine Act
• AdvaMed testimony on Physician Payment Sunshine Act
• State
• Massachusetts S.2863; AdvaMed position letter
• Medical Technology Industry Comments to MA Department of Public Health
• AdvaMed Legal Analysis and Recommendations Respecting Marketing Code of Conduct Regulations
• Minnesota HB6158 and HB6159; AdvaMed position letter
• New Jersey SB1945
• New York A11187

Intellectual Property

• Patent Legislation

• Patent Reform Act of 2008
• S. 3600
• Senator Kyl's Statement regarding S. 3600
• AdvaMed Statement
• Patent Reform Act of 2007 S.1145 and H.R.1908
• AdvaMed position on the Patent Reform Act of 2007
• AdvaMed Press Release, Strong U.S. Patent System Critical to Continued Medical Innovation
   
• International IP Issues
• Draft Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property

Preemption 

• Click here for video and transcript of June 11 Senate Committee on the Judiciary hearing
• Click here for video and transcript of May 14 House Committee on Oversight and Government Reform hearing
• Medical Device Safety Act of 2008 S.3398 (NEW!) and H.R.6381
• Sidley Austin, Riegel and Beyond: Federal Preemption Trends and Analysis, from AdvaMed Briefing on April 1, 2008
• Map of U.S. Federal Circuit Court Rulings on Preemption

HCIR Credentialing

• AdvaMed Letter to The Joint Commission, Sept. 26, 2007

False Claims

• False Claims Act Correction Act of 2007 S.2041 and H.R.4854
• Supreme Court opinion: Allison Engine v. U.S.

Other

• NEW! Egilman Stipulated Order, Declaration and Court Opinion
• NEW! May 9, 2008 White House Memo to the Heads of Executive Depts. and Agencies on Issuance of Agency Regulations at the End of the Administration 
• AdvaMed position on Clinical Research Policies (members only)
• Comments Regarding Access to Company Disclosures Relating to Business Activities in or with Countries Designated as State Sponsors of Terrorism
• AdvaMed testimony and powerpoint presentation before the IOM Committee on Conflicts of Interest

Amicus Briefs filed by AdvaMed

• Summary of amicus filings (members only)
• Riegel v. Medtronic (2008)
• Rufer v. Abbott Laboratories (2003)
• Thompson v. Goetzman (2002)
• Medtronic v. Lohr (1996)
• Talbott v. C.R. Bard (1995)
• Howmedica v. Oja (1995)
• Stamps v. Collagen (1993)
• King v. Collagen (1992)
• AFL-CIO v. Deukmejian (1989)
• U.S. v. Bioclinical Systems (1987)