The issues raised in the article and the conclusions reached are very accurate.
The current administration is having a lot of discussion around the issue; however, not talking about the relationships between inventors and device
companies with respect to reining in the cost of health care is like not talking about the pink elephant in the room.
For quite some time our firm and many others have spent countless hours and resources reaching out to legislators, device companies, and inventors -- all of whom insist that they support the "self-regulated" Advamed guidelines,
requesting their participation in a free-market system for introducing new IP to market, yet the idea seems to capture no traction.
It is our belief that if the surgeon and invention are blind to companies at the time of negotiating the purchase of IP, there are a number of positive monetary effects that ultimately minimize the cost of the product being
produced. Overvaluation of IP is minimized, and companies are less likely to purchase IP that has no significant advancement to clinical outcomes under the guise of filling product pipelines, when in fact it is just an
indirect payment to a surgeon for their business.
There are a number of potentially positive outcomes associated with surgeon-inventors' names remaining blind until the negotiations are finalized, allowing companies to only view the clinical peer-reviewed articles,
valuation, and other data necessary for appropriate due diligence, not the name of the surgeon, hospital, or other affiliation.
This is such a simple thing to do, and yet one has to wonder why none of the "self-regulated" parties involved are jumping on board with this concept.