At rival Boston Scientific (Boston Scientific) And Medtronic (Medtronic) After objection, European Patent Office (EPO) The appeals board has reversed what wasNevroSeveral of the company's patents. althoughNevroAnd Boston Scientific had been there before2022Settled all global litigation, butEPOHas become a new battleground in Europe's dispute over back pain management equipment.

Nevro, Boston Scientific and Medtronic are both leaders in the medical device space. On the contrary2019The year began with strong opposition to the grantNevroIn order toEP2207587After the patent, EPOThe Appeals Technical Committee to "Additional matters" A rescission decision was issued.

This isEPOA few that have been withdrawnNevroOne patent, The company still has two patents pending pending litigation. 2022years, NevroAnd Boston Scientific settled all lawsuits worldwide. Because Boston Scientific filed a rights lawsuit, As a result, opposition proceedings were held up for several years.

NevroThere was no second victory

EP2207587Patent No "Multifrequency neurotherapy and related systems and methods" . Medical professionals can use these techniques to treat patients with severe back pain. Specifically speaking, The device sends electrical impulses to the spinal cord, To prevent the brain from receiving pain signals. Even though Boston Scientific and Medtronic are2019He filed an objection to the patent, butEPOThe dissenting department initially chose to reject the request.

therewith, Both parties have appealed to the Technical Appeals Board. EPOOriginally scheduled for2024years3month5Hold a hearing on Sunday. merely, NevroHe said he did not intend to attend the meeting. therefore, Appeal board2month16A written decision was made to revoke the patent, Union representation "The modification of the claim exceeds the scope of protection of the application submitted" .

NevroSaid a spokesman for the White House: "NevroChose to stop and withdraw from the matter, The reason is that this particular patent is no longer strategic. More such decisions are likely, though, But they were the right decisionsNevroIt still makes no practical or commercial sense. This case is related toNevroThere's no connection to the Boston Scientific lawsuit in the United States. "

A month-long event

EP2207587Patent number isEP2243510First patent in a family of patents. meanwhile, The dissent division is still there2024years1May cancelledEP2586488Patent No. EP2630984Patent No. 1 is the first division, But the dissenting departments also "Additional matters" The patent was revoked. althoughNevroAn appeal was filed earlier, But the company recently withdrew the request, So that the first instance judgment became the final judgment.

As the second subcase, EP2853285The patent was also revoked by the opposing department, whileEPOHave already beenEP2853285The corresponding oral procedure is arranged in Patent No. however, NevroHe also withdrew his appeal. In fact, EPOIt was supposed to be3month18HinaruNevroThe third patent (Number asEP3156099) Conduct oral objection proceedings. however, NevroThe oral claim was withdrawn again, So the patent is in2month12The day was revoked.

merely, NevroThere are still two chances to succeed in the dissent department. The parties concerned are currently discussingEP2243510Patent No. 2 is fighting, The appeals board's plan is to4month17Oral proceedings were initiated on the following day, And at5month2HinaruEP2819742Oral proceedings were held on the patents of the same family. EPOA number of preliminary comments have been issued, Are against and forNevroThe proposition of.

EPOBecame the new battleground

Since the2016Since these years, The two rivals have been suing each other over patents in the United States. 2018years, When Boston Scientific filed a rights lawsuit with the Munich District Court, The dispute spilled over into Germany. According to the information obtained by the media, The case involvesNevroAbout the transfer to Boston Scientific30European patent.

2021years, A U. S. court awarded it to Boston Scientific2000$10, 000 in damages, As a result ofNevroInfringed two of his competitors' patents. however, in2022years, NevroReached a settlement with Boston Scientific. Based in CaliforniaNevroAwarded Massachusetts-based Boston Scientific a global award, Non-exclusive and non-transferable license, To administer a paresthesia-free treatment.

On the other hand, Boston Scientific is awarded under a family of patents held by the companyNevroIn a global way, Non-exclusive and non-transferable license, And promised not to Sue. Under the settlement agreement, Boston Scientific must be committed toNevropayment8500Ten thousand dollars. (Be compiled fromwww. juve-patent. com)

TRANSLATORS: Liu Peng　proofread: Wu Xian



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