On February 14, 2019, Nevro Corp. (“Plaintiff”) filed a declaratory judgment action against Stimwave Technologies, Inc. (“Defendant”) for infringement of U.S. Patent Nos. 8,868,192 (“the ‘192 Patent”), 8,874,222 (“the ‘222 Patent”), 9,327,126 (“the ‘126 Patent”), 9,327,127 (“the ‘127 Patent”), and 9,333,358 (“the ‘358 Patent”). The complaint also includes false advertising and deceptive trade practice allegations. The Patents are owned by the Plaintiff and are drawn to selective high frequency spinal cord modulation for inhibiting pain.
The Plaintiff is asserting that the Defendant is infringing the Patents by supplying all or substantially all of the components of SCS systems from the U.S. to at least Europe and Australia; will be infringing by manufacturing, using, offering for sale, selling, and/or importing Freedom SCS systems; and will be inducing infringement by directing the use of the Freedom SCS systems.
The case remains pending and is captioned 1:19-cv-00325 (D. Del.).
By: April Breyer Menon