Judge turns tables, chastises Boston Scientific lawyers in Nevro patent spat

Lawyers for Boston Scientific (NYSE:BSX) took their turns in the hot water as part of a patent infringement battle with neurostimulation rival Nevro (NYSE:NVRO). Back in October 2017, Judge Vince Chhabria of the U.S. District Court for Norther California found that, although the Nevro attorneys’ failure to correct a patent examiner’s misunderstanding of prior art was a little “sleazy,” it didn’t amount to inequitable conduct. Last week Chhabria chastised the other side, this time for “frivolous and vexatious” conduct for their roles in bids to redact documents that could show that Boston Scientific intended to copy technology from Nevro and other competitors. The judge denied Boston’s motion to reconsider his prior denial of the redaction bid because “Boston Scientific has again requested to seal information without a legitimate basis,” he wrote in a Feb. 15 order. “Most egregiously, Boston Scientific has requested that the court seal parts of an email that could constitute evidence that Boston Scientific intended to copy Nevro’s technologies (as well as the technologies of other companies),” Chhabria wrote, citing an email from R&D VP Rafael Carbunaru in which he wrote that another employee thought Boston Scientific’s “clinical research is short term focused (marketing and sales claims), or essentially me-too approaches (DBS), but not innovative in nature.” “That is why we will ...
Source: Mass Device - Category: Medical Devices Authors: Tags: Legal News Neuromodulation/Neurostimulation Patent Infringement Boston Scientific nevro Source Type: news