2020-04-02
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16 December 2020AmericasSarah Morgan

Boston Scientific and Nevro conclude patent dispute

Medical device company  Nevro has agreed to drop a patent infringement suit which accused  Boston Scientific of infringing patents related to spinal cord stimulation (SCS) therapy.

SCS therapy relieves pain by delivering electrical pulses to the spinal cord through small electrodes that are implanted near the spinal cord.

In an  announcement shared Monday, December 14, Nevro said that the parties agreed to the dismissal of the patent case but this is subject to the approval of the US District Court for the Northern District of California.

Nevro had  sued Boston Scientific in late 2016, accusing the company of patent infringement.

In July 2018, the parties agreed to dismiss Nevro’s declaratory judgment claims, after Boston Scientific assured the court it didn’t have “any imminent plans to commercially launch a high-frequency spinal cord stimulation system delivering therapy at frequencies between 1.5 kHz and 100 kHz”, according to Nevro.

Nearly two years later, the US Court of Appeals for the Federal Circuit sided with Nevro and found that the district court had erred in invalidating four Nevro patents. The case was remanded to the Californian court.

“Because Boston Scientific still does not have any current plans to commercially launch a high-frequency SCS system in the US, the parties agreed to dismiss all remaining claims in the California case,” added Nevro.

In its own  announcement about the dismissal, Boston Scientific contended that it had emerged victorious.

“Nevro sought preliminary and permanent injunctive relief against further infringement as well as damages and attorneys’ fees. The case has now ended, with Nevro receiving none of its requested relief,” said Boston Scientific, adding that there was no ruling which would impose any restrictions on any current or future Boston Scientific product.

Desiree Ralls-Morrison, senior vice president, general counsel and corporate secretary at Boston Scientific, said that the company was pleased that “every single claim” brought by Nevro in this case will be dismissed.

However, this week’s dismissal does not bring to an end the larger dispute between the pair.

Boston Scientific-initiated patent infringement and trade secret misappropriation cases against Nevro in Delaware will continue, with the first trial scheduled for October 2021 in the US District Court for the District of Delaware.

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More on this story

Americas
25 February 2021   Medical device maker Nevro has hit competitor Boston Scientific with a lawsuit for allegedly infringing patents that cover a spinal cord stimulation technology.
Medtech
26 October 2021   Boston Scientific (BSC) and Nevro will testify before a Delaware Federal Court today following pleas from Nevro to delay the trial due to claims that BSC destroyed evidence related to a patent damages case.
Americas
2 November 2021   Medical device company Nevro has been hit with a $20m damages verdict after a US jury found that it had infringed two patents owned by Boston Scientific.

More on this story

Americas
25 February 2021   Medical device maker Nevro has hit competitor Boston Scientific with a lawsuit for allegedly infringing patents that cover a spinal cord stimulation technology.
Medtech
26 October 2021   Boston Scientific (BSC) and Nevro will testify before a Delaware Federal Court today following pleas from Nevro to delay the trial due to claims that BSC destroyed evidence related to a patent damages case.
Americas
2 November 2021   Medical device company Nevro has been hit with a $20m damages verdict after a US jury found that it had infringed two patents owned by Boston Scientific.