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Boston Scientific sent out this Dear Doctor letter today:
Dear Doctor,
We have recently received inquiries about developments in the patent case between Nevro and BSC. I am writing to provide some basic facts to help clarify some of the misinformation circling around this topic.
Nevro issued a July 25, 2018 press release stating that the Court "ruled in Nevro's favor" and "upheld," certain of Nevro's patent claims. This is both inaccurate and highly misleading because the Court did not rule in Nevro's favor or "uphold" any of Nevro's patent claims.
The fact is Nevro sued BSC for patent infringement and the Court ruled in favor of BSC on every single claim asserted by Nevro, eliminating the need for a jury trial. Specifically, the Court ruled that some of Nevro's patent claims are invalid as indefinite, and that BSC did not infringe the remaining claims. Nevro has stated that it plans to appeal.
Nevro also stated that it "believes" the Court's ruling would "preclude" BSC from development of unspecified future commercial products. This is also misleading as federal courts do not address unspecified future products.
Finally, this ruling has no impact on the cases BSC has brought against Nevro in Delaware. BSC believes that Nevro infringed more than a dozen BSC patents, including patents directed to core components of Nevro's devices as well as the misappropriation of trade secrets and confidential intellectual property. BSC will vigorously defend our patents and the intellectual property that allows us to provide world class technology to our customers and the patients they serve.
We look forward to continuing to advance the science and thank you for trusting us to provide you with the products and services you need to improve the lives of your patients.
Most sincerely,
Allen Meacham
Vice President, US Neuromodlation
Dear Doctor,
We have recently received inquiries about developments in the patent case between Nevro and BSC. I am writing to provide some basic facts to help clarify some of the misinformation circling around this topic.
Nevro issued a July 25, 2018 press release stating that the Court "ruled in Nevro's favor" and "upheld," certain of Nevro's patent claims. This is both inaccurate and highly misleading because the Court did not rule in Nevro's favor or "uphold" any of Nevro's patent claims.
The fact is Nevro sued BSC for patent infringement and the Court ruled in favor of BSC on every single claim asserted by Nevro, eliminating the need for a jury trial. Specifically, the Court ruled that some of Nevro's patent claims are invalid as indefinite, and that BSC did not infringe the remaining claims. Nevro has stated that it plans to appeal.
Nevro also stated that it "believes" the Court's ruling would "preclude" BSC from development of unspecified future commercial products. This is also misleading as federal courts do not address unspecified future products.
Finally, this ruling has no impact on the cases BSC has brought against Nevro in Delaware. BSC believes that Nevro infringed more than a dozen BSC patents, including patents directed to core components of Nevro's devices as well as the misappropriation of trade secrets and confidential intellectual property. BSC will vigorously defend our patents and the intellectual property that allows us to provide world class technology to our customers and the patients they serve.
We look forward to continuing to advance the science and thank you for trusting us to provide you with the products and services you need to improve the lives of your patients.
Most sincerely,
Allen Meacham
Vice President, US Neuromodlation