|[March 20, 2017]
Association of Medical Device Reprocessors Files Amicus Brief with Supreme Court
Association of Medical Device Reprocessors (AMDR), the global trade
association representing the interests of commercial medical device
reprocessing companies, joined advocacy groups, non-profits and many
leading technology companies and filed an
amicus curiae brief in support of Impression Products in the
case before the U.S. Supreme Court, Impression Products vs. Lexmark.
Oral arguments for the case are scheduled for tomorrow, March 21, 2017.
"AMDR has a duty and obligation to promote the safety, savings and
sustainability benefits brought to healthcare by the medical device
reprocessing industry. As such, we cannot overlook any prospective
threat to our industry or our healthcare partners. AMDR filed an amicus
curiae (friend of the court) brief in support of Impression Products to
underscore the importance of the long-standing 'first sale' doctrine a
issue in this case. In it, we highlight that, for over 150 years, the
law has encouraged the right of consumers to reprocess, repair, recycle
or resell their property as they see fit," said Daniel Vukelich, CEO and
President of AMDR.
The positive impact of reprocessed devices extends to financial and
environmental costs, while maintaining strict safety standards. The U.S.
Food and Drug Administration regulates the reprocessing of "single-use"
devices, holding reprocessors to the agency's medical device
manufacturer standards. Today many of the hospitals with whom AMDR
members work - including a majority of America's Honor Roll hospitals,
as listed by U.S. News & World Report
- save more than $1 million annually through programs that depend upon
FDA-cleared reprocessed medical devices. Hospitals and healthcare
providers can use those savings toward hiring more medical professionals
or improving patient care. Additional savings of reprocessed single-use
devices include a reduction in medical waste, allowing hospitals to
divert millions of pounds from local landfills each year.
In its brief, AMDR supports the first sale or patent exhaustion
doctrine. If an original manufacturer can avoid the patent
exhaustion/first sale doctrine simply by including a "single-use"
restriction with the sale of a patented product, reprocessors of such
devices would risk liability for patent infringement. A manufacturer
could force consumers, including hospitals served by AMDR members, to
purchase new replacement devices from the manufacturer. This drives up
the cost of healthcare for consumers, increases medical waste and serves
only to drive up profits for medical device companies.
The Court's decision could have a direct impact on consumer rights.
Public Citizen, the Intellectual Property Professors and American
Antitrust Institute, Intel (News - Alert), and Dell are among the organizations that
have also filed amicus briefs in support of Impression Products.
The Association of Medical Device Reprocessors (AMDR) is the global
trade association representing the legal, regulatory and other trade
interests of the commercial medical device reprocessing industry. Our
members perform a majority of the commercial reprocessing in the United
View source version on businesswire.com: http://www.businesswire.com/news/home/20170320006287/en/
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