Nevro fires back in spinal cord stim patent spat with Boston Scientific

Nevro (NYSE:NVRO) is seeking a reversal and remand for spinal cord stimulation patent infringement case against Boston Scientific (NYSE:BSX) that was ruled on this summer. A legal firm representing the company filed a brief this week seeking to overturn a decision from this summer which found a number of patent claims invalid as indefinite. In mid-July, a federal judge in California issued a mixed ruling in the ongoing case, finding that six claims in three of the Nevro patents are eligible but also that Boston’s SCS devices don’t infringe those claims (Boston doesn’t have a competing high-frequency SCS device on the U.S. market). Later that month, Nevro said that it agreed to bury the hatchet with Boston Scientific in the ongoing spat, but added that it still thinks that the court’s decision precludes its rival from launching a high-frequency system in the U.S. and that it planned to appeal the portions of his ruling that went against it. In its new brief, Nevro claims that Judge Vince Chhabria of the U.S. District Court for Northern California erred by misapplying law to claims “containing three sets of terms.” The first set of terms are “configured to,” which were used in the context of a “signal generator configured to generate,” according to court documents. Nevro argues that the district court held claims that the term was indefinite “because the intrinsic record could support two plausible constructions of this cla...
Source: Mass Device - Category: Medical Devices Authors: Tags: Legal News Pain Management Patent Infringement Boston Scientific Nevro Corp. Source Type: news