On May 3, 2018, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a decision in an inter partes review regarding a petition filed by Nevro Corp. (“Petitioner”). In the decision, the Board denied the institution of the inter partes review, which involved the patentability of claims 1-19 recited in U.S. Patent No. 8,650,747 (“the ‘747 Patent”). The ‘747 Patent is owned by Boston Scientific Neuromodulation Corp. and is drawn to an electrode array assembly that includes implantable leads for providing electrical stimulation to treat a variety of maladies. In the decision, the Board denied the institution of the inter partes review because the Petitioner had not demonstrated a reasonable likelihood of prevailing in showing that the challenged claims were unpatentable under 35 U.S.C. § 103. The inter partes review remains pending at the Board and is captioned IPR2018-00147.
By: Jacqueline A. DiRamio