Overview
Sabing H. Lee’s practice includes strategic patent procurement, patent portfolio management, intellectual property due diligence and general counseling on infringement, licensing, international IP protection and post-grant proceedings. Sabing currently represents clients in a wide range of technologies, with an emphasis on medical devices and procedures and materials science.
Sabing co-chairs the firm’s Medical Devices and Procedures group. In the medical device field, he has worked extensively with cardiovascular, orthopedic, wound care and healthcare AI technologies. Sabing has guided the IP strategies for investments and acquisitions valued in excess of $5 billion dollars, including ev3 (acquired by Covidien), CardiAQ Valve Technologies (acquired by Edwards Lifesciences), Tornier/Wright Medical (acquired by Stryker), CathWorks (acquisition option agreement with Medtronic), AVITA Medical (debt financing with OrbiMed), HealthpointCapital (acquisition of SteriCUBE), and Paragonix Technologies (acquisition by Getinge)
Sabing currently serves on the Board of Directors for Octane, an organization that drives technology industry growth and innovation in Orange County by connecting ideas and people with resources and capital.
Sabing has been recognized as a Patent Star in Managing IP’s “IP STARS” guide for his outstanding intellectual property legal work in 2018-2021. He has received “Star” recognition in the “Life Sciences Survey” published by Legal Media Group (LMG) Life Sciences from 2012-2019 and 2022-2023. He was noted as being among the top patent strategists in the country for his patent prosecution, patent advisory, strategy and management practice. Sabing was selected for inclusion in the “Southern California Super Lawyers” list for his work in intellectual property law from 2013-2018 by Super Lawyers magazine, and was named to the Daily Journal’s list of the “Top Intellectual Property Attorneys of 2014”, where he was recognized among the Top 25 Portfolio Managers & Patent Prosecutors of Intellectual Property.
Sabing joined the firm in 1997 and became a partner in 2003.
Education
- University of California - Berkeley - School of Law (CAL) (J.D., 1997)
- University of California - Los Angeles (UCLA) (M.S. Materials Science & Engineering, 1994)
- University of California - Los Angeles (UCLA) (B.S. Materials Engineering, 1994), summa cum laude, Phi Beta Kappa, Tau Beta Pi Engineering Honor Society
Representative Matters
Sabing manages the patent portfolio for Össur relating to Össur’s innovative prosthetic foot and knee technology. In 2011, Össur filed a patent infringement lawsuit against iWalk, Inc. in the Central District of California, Case No. SACV11-01759, on two of Össur’s bionic ankle patents. The litigation was transferred to the District of Massachusetts, Civil Action No. 12-CV-11061 FDS. While the litigation was pending iWalk filed requests for ex parte reexamination on the asserted patents. Sabing and his team were successful in defending the validity of U.S. Patent No. 7,431,737 (Reexam Control No. 90/012,731), resulting in a reexamination certificate issuing on December 9, 2013. Because all of the claims of U.S. Patent No. 7,431,737 were confirmed as patentable, based on a settlement between the parties, iWalk remains permanently enjoined from re-introducing its product for the life of U.S. Patent No. 7,431,737, and Össur is receiving monetary payment for iWalk.
Sabing manages the patent portfolio for Smith & Nephew relating to the Smith & Nephew’s negative pressure wound therapy technology. This technology was involved in multiple litigations based on patents owned by Wake Forest University and licensed to Kinetic Concepts, Inc. (KCI), with a settlement reached between Wake Forest and Smith & Nephew in 2012. Sabing and his team were involved in identifying the Russian prior art used to attack the validity of the Wake Forest patents. Sabing and his team have also been involved in the acquisitions of Kalypto Medical and the intellectual property assets of Covidien LP, greatly expanding the scope and breadth of Smith & Nephew’s negative pressure wound therapy patent portfolio.
Sabing and Knobbe Martens have managed the patent portfolio for IDev Technologies since 2010, assisting IDev with investment diligence and developing strategies to build a strong IP position. In 2013, Sabing and his team helped IDev through acquisition IP diligence, ultimately leading to the acquisition of IDev by Abbott Vascular for $310 million.
Recognition
Awards & Honors
Sabing has received multiple awards for his legal accomplishments:
- Recognized for outstanding work in patent law in the 2024 edition of the Intellectual Asset Management (IAM) “Patent 1000 Guide” for Prosecution (2024)
- Recognized as a Patent Star in Managing IP’‘s “2024 IP STARS” (2024)
- Recognized by The Legal 500 “United States” for “Leading Lawyers” in Patent Prosecution and Patents: Licensing (2024)
- Recognized as a “World IP Leader” by World Intellectual Property Review (WIPR) (2023 – 2024)
- Named one of “The World’s Leading Patent Professionals” for Prosecution in the Patent 1000 guide by Intellectual Asset Management (IAM) magazine (2023). In the 2023 guide, Sabing was described as “an adroit strategist with deep technical understanding,” and as someone who “dispenses the most accurate and pragmatic advice to help clients meet their business goals.”
- Recognized as a Patent Star in Managing IP’s “IP STARS” guide for his outstanding intellectual property legal work in 2018-2023.
- Recognized by The Legal 500 “United States” for Patent Prosecution (2022) and Patent Licensing (2023). He was identified as a Leading Lawyer for Patent Prosecution in 2023.
- Received “Star” recognition in the “Life Sciences Survey” published by Legal Media Group (LMG) Life Sciences from 2012-2019 and 2022-2023. He was noted as being among the top patent strategists in the country for his patent prosecution, patent advisory, strategy and management practice. Sabing was further recognized for his work with tissue and tissue products, home health and consumer devices, surgery and life support devices, dental devices, general hospital devices and supplies, cosmetic devices, implants and prosthetics, orthopedic devices, respiratory devices, neurovascular devices and cardiovascular devices. In 2018, 2022 and 2024 Sabing was once again named a “Life Science Star” for Patent Prosecution and Patent Strategy & Management.
- Selected for inclusion in the “Southern California Super Lawyers” list for his work in intellectual property law from 2013-2018 by Super Lawyers magazine.
- Recognized as one of Southern California’s “Rising Stars” in intellectual property law in a survey of his peers from 2004-2012, published in Los Angeles magazine and Super Lawyers magazine. He was also named one of “OC’s Top Attorneys” in the 2009, 2010, 2011, 2012 and 2013 editions of OC Metro Magazine.
- Named to the Daily Journal’s list of the “Top Intellectual Property Attorneys of 2014”, where he was recognized among the Top 25 Portfolio Managers & Patent Prosecutors of Intellectual Property. The Daily Journal selects attorneys for inclusion on its list based on a number of criteria, including hundreds of nominations and staff selections, along with each nominee’s major intellectual property successes over the last year.
Affilliations
- OCTANe – Board of Directors (August 2015 – Present)
- American Intellectual Property Law Association (AIPLA)
- International Association for the Protection of Intellectual Property (AIPPI)
- Orange County Patent Law Association (OCPLA)
- Orange County Bar Association
- ASM International – The Materials Information Society
News & Insights
Articles
Medical Device Blog
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Acquisition of BK Medical Expands GE Healthcare’s Precision Health Presence
- IP Litigation Remains Active in the Orthopedic and Spine Industries
- Conformis Continues Litigations Against Patient-Specific Medical Technologies
- UCLA Biodesign Launches Study to Help Advance Medtech and Digital Health Innovation Forward Into a New Decade
Lee, S., Koch, K., “Medical Device Innovations and the Importance of IP to the Medical Device Industry,” published by The Licensing Journal (April 2023)
Lee, S., Koch, K., “Medical device innovations and IP: A strategy is everything“, published by Life Sciences Intellectual Property Review (January 2023)
7 Expert Insights on Packaging IP and Patents, published by Plastics Today & Packaging Digest (July 2021)
Holland, C., Canuso III, V., Reed, D., Lee, S., Kimmel, A., Peterson, W., Entrepreneur Magazine’s Legal Guide – Intellectual Property, 2007
Speeches & Seminars
Gudmundsdottir, A., Latinovic, T., Lee, S., Developing a Global Patent Strategy for a Med Device Start Up, 6th Annual World Life Sciences Conference, June 1, 2018, Boston, MA.
Lee, S., Legal Protection and Exploitation of International IP, CBIZ MHM Power Breakfast Series – Doing Business Internationally, December 5, 2017, Irvine, CA.
Cox, B., Lee, S., Rosenbluth, B., Wilder, T., Anatomy of Success, OCTANe Medical Technology Innovation Forum, October 30, 2017, Newport Beach, CA.
Lea, , C., Lee, S., Sganga, J., Protecting Trade Secrets and Sensitive Information, IP Impact Seminar, November 17, 2016, Palo Alto, CA.
Berger, B., Blake, M., Callahan, J., Feldman, L., Kumar, S., Lee, S., Podesta, C., Vasudevan, S., Medical Device Security, OCTANe Medical Device & Investor Forum, October 27, 2016, Irvine, CA.
Lee, S., United States Intellectual Property Update, Pinsent Masons 2nd Annual MedTech Seminar, October 17, 2016, London, UK.
Boakes, J., Lee, S., Tall, S., Freedom-to-Operate for Medical Device Companies: A Comparison of Best Practices from Around the World, 4th Annual IBA World Life Sciences Conference, June 3, 2016, San Francisco, CA.
Douglas, A., Lee, S., Kimmel, A., Preparing Your Life Science NewCo IP for Launch & Due Diligence, OCTANe Startup Series, March 8, 2016, Irvine, CA.
Douglas, A., Lee, S. von Hoffmann, G., Protecting Your Startup: Everything You Need To Know About IP But Were Afraid To Ask, OCTANe Strategic Growth Series, April 2, 2015, Irvine, CA.
Altman, D., Lee, S., Teplitskiy, V., Important Developments in U.S. Patent Law and How They Affect MedTech Companies, Pinsent Masons Annual MedTech Seminar, February 26, 2015, Birmingham, UK.
King, J., Lee, S., Kimmel, A., Juang, A., Patent Law Changes Affecting Your Business, OCTANe Strategic Growth Series, December 8, 2014, Irvine, CA.
Horne, B., Lee, S., von Hoffmann, G., Medical Device Break Out Session, IP Impact Seminar, November 6, 2014, Palo Alto, CA.
Douglas, A., Lee, S., Protecting Intellectual Property in a Competitive Market – Recent IP News You Need to Know, OCTANe Medical Device and Investor Forum, October 22, 2014, Irvine, CA.
Juang, A., Kimmel, J., King, J., Lee, S., Patent Law Changes Affecting Your Business, December 8, 2014, Irvine, CA.
Lee, S., Anti-NPE Laws – What the FTC Is Doing About Patent Assertion Entities, Orange County Patent Law Association, January 23, 2014, Irvine, CA.
Dougal, B., Kimmel, A., King, J, Lee, S., What Businesses And Engineers Need To Know About Recent Developments In Patent Law, OCTANe Strategic Growth Series, December 3, 2013, Irvine, CA.
Douglas, A., Lee, S., Schneider, S., Zadno, R., Preparing Your Medical Device NewCo For IP Due Diligence, OCTANe Medical Device and Investor Forum, October 23, 2013, Irvine, CA.
Lee, S., Narula, R., von Hoffmann, G., Examination of Recent Medical Device Patent Litigation and Lessons to be Learned, IP Impact Seminar, September 26, 2013, Palo Alto, CA.
Angelis, D., Gorman, M., Gray, B., Lee, S., Are You Buying Or Selling? IP Due Diligence For Life Science Companies And Best Practices For Evaluating And Developing A Worldwide IP Strategy, IBA World Life Sciences Conference, The Adolphus, May 2, 2013, Dallas, TX.
Juang, A., Lee, S., Tullis, T., What Businesses & Engineers Need to Know About Recent Changes in U.S. Patent Law, American Society of Mechanical Engineers (ASME OC Section) and Sino-American Biomedical and Pharmaceuticals Professionals Association (SABPA) event, November 8, 2012, Irvine, CA.
Lee, S., The Spine Patent Wars: Overview of Spine-Related Patent Litigation Cases, Innovative Techniques in Spine Surgery: A Think Tank, 9th Annual Symposium, June 22, 2012, Carlsbad, CA.
Cianfrani, J., Douglas, A., Lee, S., Merani, Impact of Patent Reform on IP Due Diligence for Medical Device Companies, OCTANe Medical Device & Investor Forum, November 16, 2011, Irvine, CA.
Lee, S., Merani, S., Schoenbaum, R. Thiessen, R., How to Jump Start Your Company’s Patent Program, IP Impact Seminar, October 5, 2011, Palo Alto, CA.
Lee, S., The Spine Patent Wars: Overview of Spine-Related Patent Litigation Cases, Innovative Techniques in Spine Surgery: A Think Tank, 8th Annual Meeting, June 24, 2011, Los Cabos, MX.
Lee, S., Important Developments In Intellectual Property Affecting the Biomedical and Pharmaceutical Industries: Latest Trends and an Update on Patent Reform Legislation, Sino-American Biomedical and Pharmaceutical Professionals Association (SABPA) 6th Annual Biomedical Conference, April 30, 2011, Irvine, CA.
Lee, S., van der Burg, E., von Hoffmann, G., Warden, C., How to Manage Your IP Dollars Effectively, OCTANe California Medical Device & Investor Forum, October 26, 2010, Newport Beach, CA.
Lee, S., Commercializing Your Orthopedic and Cardiovascular Technologies: Intellectual Property – What You Need To Know, 5th Frontiers in Biomedical Devices Conference & Exhibition, sponsored by ASME and ASME Emerging Technologies, September 20-21, 2010, Newport Beach, CA.
Gill, S., Lee, S., Narula, R., Thiessen, R., IP Cost Management – How to Get the Most From Your Time and IP Dollars, Without Sacrificing Quality, IP Impact 2010: Innovative Intellectual Property Strategies for Emerging Technology Companies, July 17, 2010, Palo Alto, CA.
Lee, S., Commercializing Novel Technology: Intellectual Property – What You Need to Know, Innovative Techniques in Spine Surgery 7th Annual Meeting, June 19, 2010, Los Cabos, MX.
Lee, S., Best Practices for Protecting Your Technology and IP in the U.S. and China, Sino-American Biomedical and Pharmaceutical Professionals Association (SABPA) 5th Annual Biomedical Conference, April 24, 2010, Irvine, CA.
Fox, C., Douglas, A., Lee, S., Latest Strategies for Effectively Managing Your Patent Portfolio, OCTANe Building Blocks, April 15, 2010, Irvine, CA.
Canuso, V., Lee, S., Siemens, S., von Hoffmann, G., Mock IP Due Diligence, OCTANe California Medical Device & Investor Forum, November 10, 2009, Irvine, CA.
Lee, S., Lessons Learned from Recent Case Law for the Medical Device Executive, MDMA Medical Technology Executive Forum, September 17, 2009, Palo Alto, CA.
Douglas, A., Lee, S., Narula, R., Kapadia, M., Strategies for Success: An Inside Look Into Developing and Prosecuting a Valuable Medical Device Patent Portfolio, Intellectual Property and Strategy for the Medical Device Industry: From Inception to Commercialization, July 10, 2009, San Mateo, CA.
Lee, S., Soft Tissue Fixation and Implant Development: Intellectual Property, 4th Frontiers in Biomedical Devices Conference & Exhibition, sponsored by ASME and ASME Emerging Technologies, June 8, 2009, Irvine, CA.
Lee, S., Commercialization of Life Sciences/Medical Devices: Intellectual Property-What You Need to Know, Sino-American Biomedical and Pharmaceutical Professionals Association (SABPA) 4th Annual Biomedical Conference, March 28, 2009, Irvine, CA.
Lee, S., Narula, R., Nguyen, T., Commercialization of Life Sciences/Medical Devices: Intellectual Property-What You Need to Know, MCRA Seminar, February 5, 2009, Irvine, California.
Lee, S., Intellectual Property – Protecting Your Technology in the Changing Environment, Medical Technology Executive Forum: Key Commercialization Issues Impacting the Medical Technology Industry, October 15, 2008, Palo Alto, CA.
Douglas, A., Kimmel, A., Lee, S., Avoiding Patent Pitfalls, OCTANe Building Blocks, March 19, 2008, Irvine, CA.