Nevro Loses 11th-Hour Bid To Delay Boston Scientific IP Trial

By Dorothy Atkins (October 25, 2021, 10:13 PM EDT) -- Nevro Corp. and Boston Scientific Corp. will face off over claims Nevro infringed spinal cord therapy patents before a Delaware federal jury Tuesday, after a judge denied Nevro's eleventh-hour request to delay trial over claims Boston Scientific destroyed key evidence, according to Nevro's counsel.

In a six-page letter filed Sunday, Nevro's attorney, Rodger Dallery Smith II of Morris Nichols Arsht & Tunnell LLP, told U.S. District Judge Colm F. Connolly that Nevro's trial team found that 18 pages of lab notebooks by purported inventor Anne Pianca, which Boston Scientific's counsel produced over the weekend, "appear to have been intentionally cut out...

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