Fed. Cir. Upholds Mixed Ruling on Boston Scientific Spinal Device
Written June 4, 2020
The US Court of Appeals for the Federal Circuit on May 29, 2020, refused to alter a mixed ruling on the validity of Boston Scientific’s spinal stimulation patent. Bos. Sci. Neuromodulation Corp. v. Nevro Corp., Fed. Cir., No. 19-1582, unpublished 5/29/20.
The patent covers a rechargeable spinal court stimulation system used to reduce chronic pain.
The Patent Trial and Appeal Board (PTAB) properly interpreted key terms in the patent and substantial evidence supports its findings that some claims were obvious while others were not, the Federal Circuit said in a nonprecedential opinion.
Boston Scientific Corp.’s competitor Nevro Corp. had challenged Boston Scientific’s patent at the USPTO after Boston Scientific sued it for infringement in federal court. Both sides appealed and the Federal Circuit affirmed all of the PTAB’s findings.