Boston Scientific's Alice Challenge Flops In Del.

By Andrew Karpan (December 21, 2021, 4:56 PM EST) -- Delaware's top federal judge turned down Boston Scientific's bid to toss a rival's patents that cover spinal cord stimulation to treat chronic pain, and told the Massachusetts medical device company that it was trying to stretch the U.S. Supreme Court's Alice ruling "past its breaking point."

In a Monday ruling, Chief U.S. District Judge Colm F. Connolly declined to throw out the latest infringement lawsuit lobbed by Nevro Corp. against Boston Scientific Corp. over patents that cover a type of chronic pain treatment that both companies claim to have invented patented methods of using.

The competing patent claims have resulted in a...

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