Boston Scientific Patent Argument ‘Stupid,’ Fed. Cir. Judge Says

A Federal Circuit panel appeared frustrated with how a medical device manufacturer challenging an adminstrative tribunal decision is constructing its patent claims, casting doubt during oral argument on whether the manufacturer’s appeal will succeed.

Boston Scientific Neuromodulation Corp. appealed a Patent Trial and Appeal Board decision that invalidated most of the claims of five patents for spinal court stimulation systems to treat chronic pain. Z.W. Julius Chen of Akin Gump Strauss Hauer & Feld LLP argued that the tribunal erred in its definition of a term in two of the claims of U.S. Patent No. 7,822, 480.

The judges took ...