Nevro Announces Agreement to Conclude Its Patent Lawsuit in the Northern District of California Against Boston Scientific

Rhea-AI Summary

Nevro Corp. (NYSE: NVRO) announced the dismissal of its patent litigation against Boston Scientific regarding high frequency spinal cord stimulation therapy. This agreement follows Boston Scientific's assurances in July 2018 about not planning to launch a competing system. After a favorable ruling from the U.S. Court of Appeals in April 2020, both parties agreed to drop the remaining claims in California. Ongoing patent cases will continue in Delaware and at the Patent Office for different spinal cord stimulation technologies.

Positive

• Nevro secured a favorable ruling from the U.S. Court of Appeals in April 2020, vacating a previous judgment of invalidity.

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• None.

REDWOOD CITY, Calif., Dec. 14, 2020 /PRNewswire/ -- Nevro Corp. (NYSE: NVRO), a global medical device company that is providing innovative, evidence-based solutions for the treatment of chronic pain, today announced that, in its patent litigation against Boston Scientific, the parties agreed to the dismissal of the patent case filed by Nevro in the Northern District of California relating to high frequency paresthesia-free SCS therapy.  The official dismissal of the case is subject to the approval of the court. 

In July 2018, on the basis of the statements made by Boston Scientific to the California court, in which it assured the court that it did not have any imminent plans to commercially launch a high frequency spinal cord stimulation system delivering therapy at frequencies between 1.5 kHz and 100 kHz, the parties agreed to dismissal of Nevro's declaratory judgment claims.  Nevro then proceeded to appeal the California court's ruling of invalidity, with regard to certain of Nevro's claims, to the U.S. Court of Appeals for the Federal Circuit.  In April 2020, the Federal Circuit issued a ruling in Nevro's favor, and vacated and remanded the California court's judgment of invalidity.  Because Boston Scientific still does not have any current plans to commercially launch a high frequency SCS system in the United States, the parties agreed to dismiss all remaining claims in the California case.

The parties will continue their ongoing patent cases in the District of Delaware and at the Patent Office relating to patents for other spinal cord stimulation technologies unrelated to high frequency therapy.

Documents relating to the lawsuit are available via the courts' websites at http://www.cafc.uscourts.gov/opinions-orders and www.cand.uscourts.gov.  The district court case no. is 3:16-cv-06830.

Internet Posting of Information

Nevro routinely posts information that may be important to investors in the "Investor Relations" section of its website at www.nevro.com.  The company encourages investors and potential investors to consult the Nevro website regularly for important information about Nevro.

About Nevro Corp. 

Headquartered in Redwood City, California, Nevro is a global medical device company focused on providing innovative products that improve the quality of life of patients suffering from debilitating chronic pain. Nevro has developed and commercialized the Senza spinal cord stimulation (SCS) system, an evidence-based, non-pharmacologic neuromodulation platform for the treatment of chronic pain. HF10 therapy has demonstrated the ability to reduce or eliminate opioids in ≥65% of patients across six peer-reviewed clinical studies. The Senza^® System, Senza II™ System, and the Senza^® Omnia™ System are the only SCS systems that deliver Nevro's proprietary HF10^® therapy. Senza, Senza II, Senza Omnia, HF10, Nevro and the Nevro logo are trademarks of Nevro Corp.

To learn more about Nevro, connect with us on LinkedIn, Twitter, Facebook and Instagram.

Investors and Media:
Julie Dewey, IRC
Nevro Corp.
Vice President, Investor Relations & Corp Communications
650-433-3247  |  julie.dewey@nevro.com 

 

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SOURCE Nevro Corp.

FAQ

What was the recent patent lawsuit outcome involving NVRO and Boston Scientific?

Nevro announced the dismissal of its patent lawsuit against Boston Scientific concerning high frequency spinal cord stimulation therapy.

When did the NVRO lawsuit against Boston Scientific begin?

The patent litigation began with an initial case filed in July 2018.

What were the implications of the court ruling in April 2020 for NVRO?

The U.S. Court of Appeals ruled in Nevro's favor, vacating a previous ruling of invalidity on some of its claims.

Are there any ongoing legal matters for NVRO after the dismissal of the patent case?

Yes, Nevro will continue its ongoing patent cases in Delaware and at the Patent Office regarding different spinal cord stimulation technologies.