PTAB Issues Final Written Decisions Finding Some Spinal Cord Stimulator Claims Obvious

On February 1, 2019, the USPTO’s Patent Trial and Appeal Board (“Board”) issued final written decisions in two inter partes review proceedings filed by Nevro Corp. (“Petitioner”). IPR2017-01812, which also included arguments from IPR2017-01920 which was previously consolidated into IPR2017-01812, relates to the patentability of claims 8, 18, 22-24, and 26-30 of U.S. Patent No. 6,895,280 (“the ‘280 Patent”). IPR2017-01899 relates to the patentability of claims 1-20 of U.S. Patent No. 7,587,241 (“the ‘241 Patent”). The ‘280 and ‘241 Patents, which are owned by Boston Scientific Neuromodulation Corp. (“Patent Owner”), are drawn to rechargeable spinal cord stimulator systems.

In the IPR2017-01812 decision, the Board determined that the Petitioner had shown by a preponderance of the evidence that claims 8, 18, 22-24 and 27 of the ‘280 Patent are unpatentable as obvious under 35 U.S.C § 103. The Board determined that the Petitioner had not shown by a preponderance of the evidence that claims 26 and 28-30 are unpatentable as obvious.

In the IPR2017-01899 decision, the Board determined that the Petitioner had shown by a preponderance of the evidence that claims 1-20 of the ‘241 Patent are unpatentable as obvious under 35 U.S.C § 103.

On February 25, 2019, the Patent Owner filed appeals of the Final Written Decisions, captioned as 19-1582 and 19-1584. The appeals remain ongoing.

By:  April Breyer Menon

View Attachment (PDF)

View Attachment (PDF)