Appeals Court Rules for Nevro in Patent Litigation Against Boston Scientific

Nevro Corp., a global medical device company that is providing innovative, evidence-based solutions for the treatment of chronic pain, announced that in its patent litigation against Boston Scientific the U.S. Court of Appeals for the Federal Circuit issued a ruling in its favor. The Federal Circuit reversed the district court’s indefiniteness rulings, reinstating Nevro’s asserted patent claims covering methods and systems for delivering SCS therapy at high frequencies.
 
“The appellate court’s ruling once again affirms the strength of our intellectual property, and our ability to maintain exclusivity over our HF10 therapy,” said Keith Grossman, Chairman and Chief Executive Officer for Nevro. “We have invested significant resources in taking a portfolio approach to protecting our intellectual property, and that strategy has clearly been successful. We consider the appellate court’s unanimous ruling today to be a significant and overwhelming victory.” 
 
“We are confident that the claims upheld by the appellate court will protect our exclusivity in high frequency, paresthesia-free SCS therapy,” said Kashif Rashid, General Counsel for Nevro. “Our patent strategy has ensured our ability to maintain exclusivity of high frequency, paresthesia-free SCS, with method and system claims that have withstood numerous challenges from multiple competitors, including inter partes review at the U.S. Patent Office, invalidity challenges in the Northern District of California and Delaware district courts, and now invalidity challenges at the Court of Appeals for the Federal Circuit.”  
 
Mr. Rashid further said, “Shortly after Nevro filed this lawsuit in 2016, Boston Scientific cancelled its original launch plan and modified its SCS system to avoid infringing the asserted patents. In July 2018, Boston Scientific represented to the court that it had decided not to launch a high frequency product.”
 
The Federal Circuit ruled in Nevro’s favor with regard to all of Nevro’s asserted patent claims in a unanimous, precedential opinion.
 
Documents relating to the lawsuit are available via the courts’ websites at: http://www.cafc.uscourts.gov/opinions-orders and www.cand.uscourts.gov. The district court case no. is 3:16-cv-06830.