Fed. Circ. Weighs Medical Device Indefiniteness Case

Law360 (December 2, 2019, 8:45 PM EST) -- A Federal Circuit panel gave few hints Monday about whether it bought into Nevro Corp.’s argument that a federal judge misapplied the law in determining that several claims in patents covering its spinal cord stimulation technology were invalid as indefinite.

Oral arguments on the dispute between Nevro and Boston Scientific Corp., which successfully fended off an infringement suit from its rival, largely focused on construing a key term in the patent language.

The term at issue is “configured to,” which is part of a phrase in the patents that describes “a signal generator configured to generate.” Nevro contends that means its device...

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