Nevro Corp.’s Motion to Strike Boston Scientific’s Inequitable Conduct Defense Granted

Oct. 5, 2017 – A judge in the United States District Court for the Northern District of California granted Plaintiff Nevro Corp.’s motion to strike Defendant Boston Scientific Corp.’s inequitable conduct defense relating to a reference.  The Court held that while the inventor is required to disclose all material information to the patent examiner, he is not required to make sure that the examiner understands that information.  The patents-at-issue are U.S. Patent Nos. 8,712,533; 9,327,125; 8,359,102; 9,480,842; 9,333,357; and 8,792,988, all entitled “Selective High Frequency Spinal Cord Modulation for Inhibiting Pain with Reduced Side Effects, and Associated Systems and Methods.”  The case is 3:16-cv-06830.

By: Katherine E. Adams

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