PTAB Denies Motion to Reconsider Institution of Inter Partes Review

March 5, 2018 – Nevro Corporation had filed two petitions for inter partes review for the same patent against Boston Scientific Neuromodulation Corporation. On March 1, The Board denied the petitioner’s request for a rehearing of the decision denying institution of inter partes review. Contrary to Petitioner’s position, the Board was unpersuaded that it “misapprehended or overlooked Petitioner’s position.” In particular the Board felt that Petitioner and its testifying expert did not meet their burden in making the argument that the prior art met all the claim limitations of the patent.

The patent at issue was U.S. Patent No. 6,895,280, entitled “Rechargeable Spinal Cord Stimulator System.” The case is captioned Nevro Corp. v. Boston Scientific Neuromodulation Corporation, Case Nos. IPR2017-01811 and IPR2017-01812.

By: Julian G. Pymento