Nevro shares plunge, rebound on court ruling in Boston Scientific spa

Anticipation over a court ruling in a patent spat between Nevro Corp. (NYSE:NVRO) and Boston Scientific (NYSE:BSX) sent NVRO shares plunging more than 26% yesterday, but after the actual ruling came out the stock surged some 24% today in pre-market trading. Judge Vince Chhabria of the U.S. District Court for Northern California, who ruled earlier this month that any claims in the patents describing a non-paresthesia-producing therapy effect are indefinite, decided yesterday that six claims in three of the Nevro patents are eligible, but also ruled that Boston’s spinal cord stimulation devices do not infringe those claims (Boston doesn’t have a competing high-frequency SCS device on the U.S. market). Chhabria also found that Boston’s use of the Spectra WaveWriter device in the Accelerate study does not infringe because it falls under the clinical trial safe harbor, “even after the patients have completed their participation in the trial.” “This use is ‘reasonably related to the development and submission of information’ to the FDA for device approval. The FDA specifically approved a trial plan that allowed participants to continue to receive treatment after results were collected. And international standards for medical research require trial sponsors allow participants to access studied treatments even after the trial’s conclusion,” Chhabria wrote. The judge also found that Spectra WaveWriter in commercial use does...
Source: Mass Device - Category: Medical Devices Authors: Tags: Legal News Neuromodulation/Neurostimulation Pain Management Spinal Wall Street Beat Boston Scientific nevro Source Type: news