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Boston Scientific Can’t Add Arguments in Spine Device Patent Case

Jan. 23, 2020, 9:58 PM

Boston Scientific Corp. couldn’t convince the full Federal Circuit to revisit its request for time to submit additional arguments in its appeal of a Patent Trial and Appeal Board decision, following a separate court ruling that upended the legality of administrative patent judges.

The U.S. Court of Appeals for the Federal Circuit on Thursday declined to reconsider Boston Scientific’s bid—in a case over the validity of its spinal device patents—for time to make arguments under the U.S. Constitution’s Appointments Clause, which empowers the president to nominate judges with confirmation by the Senate.

Boston Scientific and Nevro Inc. compete in the...

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