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Nevro and Boston Scientific Settle Patent Litigation

By Kim Delmonico | ryortho.com | Updated: 2022-09-23

After years of intellectual property litigation, Redwood City, California-based Nevro Corp. together with Marlborough, Massachusetts-based Boston Scientific Corporation have reached a settlement.


The settlement includes an $85 million payment from Boston Scientific to Nevro. According to Nevro’s press release, “Nevro will grant Boston Scientific a worldwide, non-exclusive, non-transferable license to practice paresthesia-free therapy at frequencies below 1,500 Hz and a covenant not to sue for any features embodied in any current Boston Scientific products for frequencies below 1,500 Hz.”


Additionally, “Boston Scientific also will grant Nevro a worldwide, non-exclusive, non-transferable license under Boston Scientific's asserted patent families and a covenant not to sue for any features embodied in any current Nevro products.” The agreement between the parties puts an end to the existing litigation.


Founded in 2006, Nevro is a global medical device company focused on developing solutions for chronic pain treatment. It initially launched itself into the implantable spinal cord stimulation market and came up with its 10 kHz Therapy. Called the Nevro® Senza® SCS System for 10 kHz Therapy, it received CE mark in 2010 and U.S. Food and Drug Administration approval in 2015.

In 2014, Boston Scientific also came out with a spinal cord stimulation device that operated at the same 10 kHz frequency. Nevro filed suit claiming patent infringement.


As the litigation ensued, it involved a number of Nevro’s patents related to its high-frequency spinal cord stimulation system. The litigation also focused on Boston Scientific’s U.S. manufacturing efforts in the spinal cord stimulation market. In one complaint, Boston Scientific alleged that former Boston Scientific employees hired by Nevro disclosed trade secrets related to Boston Scientific’s spinal cord stimulation systems.


It took the parties years to come to an agreement. For OTW’s original coverage of the litigation, see “Spinal Cord Stim Company Nevro vs. Boston Scientific.”


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