Federal Circuit Rejects Boston Scientific Patent Validity Claims

The Federal Circuit summarily affirmed an administrative tribunal decision invalidating most of the claims on Boston Scientific’s patents for spinal cord stimulation systems.

Without explanation, the U.S. Court of Appeals for the Federal Circuit upheld the Patent Trial and Appeal Board decision that knocked out some of Boston Scientific Neuromodulation Corp.'s patent claims. Nevro Corp. had challenged the validity of five patents, which cover technology that treats chronic pain.

The PTAB determined that all but two of the claims were invalid. Boston Scientific had sued Nevro alleging that Nevro’s Senza system infringed its patents.

During arguments, the appeals court panel ...