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July 30, 2018

Boston Scientific spinal cord trial delayed after patent ruling

Courtesy | Boston Scientific Boston Scientific's headquarters are located in Marlborough.

Boston Scientific has no immediate plans to launch a high-frequency spinal cord stimulation product in the wake of recent rulings in a patent infringement case.

In a joint case management statement filed last week, Boston Scientific said it has no plans to launch a product being used in a clinical study. That study will be delayed into mid-2019. 

The statement comes after a U.S. federal court ruled that Boston Scientific was not infringing upon California-based Nevro’s stimulation product since the device is only in trial stage, but found six claims in three Nevro products are eligible.

The joint statement proposes a dismissal of declaratory judgement claims outstanding in the dispute because Boston Scientific said it doesn't plan to launch a high-frequency product in the U.S.

Nevro’s 2016 complaint came after Boston Scientific announced plans to release results of a high-frequency spinal cord stimulation study in 2017 with the belief that the company would seek U.S. approval for such a product. 

Since that compliant, Boston Scientific’s study has been extended and no product has been launched.

Nevro still upholds that its patents would preclude Boston Scientific from launching a high-frequency system. The company said it plans to appeal the court's’ rulings that Boston Scientific is not infringing.

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