Nevro Comes Out Ahead in the Latest Legal Round Against Boston Scientific

Nevro Corp.'s shares sold off 26% on Tuesday as investors braced for an adverse ruling in the company's lengthy patent battle with Boston Scientific. Today, the Redwood City, CA-based company's shares rebounded 24% in premarket trading after Nevro reported the district court's ruling in the case. Nevro and Boston Scientific have been clashing over intellectual property since shortly after FDA approved Nevro's Senza spinal cord stimulation (SCS) system in May 2015. Nevro suffered a massive stock dip earlier this month prompted by a surprise preliminary ruling in the case. It turns out much of that panic was unwarranted. This week the court ruled in Nevro's favor with regard to six method claims in three Nevro patents, finding them patent eligible and rejecting Boston Scientific's arguments that the claims were invalid as indefinite.  Specifically, the claims upheld in this ruling are 11, 21 and 23 of U.S. Patent No. 8,359,102, claim 18 of U.S. Patent No. 8,792,988, and claims 1 and 5 of U.S. Patent No. 8,768,472.  Collectively, these six claims cover methods for delivering spinal cord stimulation (SCS) therapy at frequencies between 1.5 kHz and 100 kHz. Prior to the filing of this lawsuit, Boston Scientific filed two petitions challenging the validity of the claims of U.S. Patent No. 8,359,102 in the U.S. Patent and Trademark Office.  The Patent Trial and Appeals Board denied institution of both petitions. The court found that Boston Scientific is not current...
Source: MDDI - Category: Medical Devices Authors: Tags: Business Source Type: news