Nevro Corp has announced that it has filed a lawsuit for patent infringement against units of Boston Scientific. The lawsuit, filed in the United States District Court for the Northern District of California, asserts that Boston Scientific is infringing Nevro’s patents covering inventions relating to Nevro’s Senza system and HF10 therapy.
According to a Nevro press release, the lawsuit seeks preliminary and permanent injunctive relief against further infringement as well as damages and attorney’s fees. One of the asserted patents, US patent no. 8,359,102, was the subject of two petitions for inter partes review (IPR) filed by Boston Scientific with the Patent Trial and Appeals Board (PTAB) of the US Patent and Trademark Office. On November 30, 2015, the PTAB declined to institute IPRs after finding that Boston Scientific failed to establish a reasonable likelihood of showing that even one of the challenged claims of the ‘102 patent was invalid.
“Nevro was founded in 2006 to develop meaningful advances in the treatment of chronic pain to improve patients’ lives,” says Rami Elghandour, president and CEO of Nevro. “Intellectual property is the basis for innovation in health sciences given the long development timelines, investment, and risk required to bring meaningful advances to market. We are committed to ensuring continued innovation in health sciences by protecting our intellectual property.”
Documents relating to the lawsuit can be found via registration at the court’s website, www.cand.uscourts.gov. The case number is 3:16-cv-06830.