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BOSTON SCIENTIFIC NEUROMODULATION CORPORATION v. NEVRO CORP.

No. 2019-1584.

BOSTON SCIENTIFIC NEUROMODULATION CORPORATION, Appellant, v. NEVRO CORP., Appellee. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: May 18, 2020.

Attorney(s) appearing for the Case

MATTHEW WOLF , Arnold & Porter Kaye Scholer LLP, Washington, DC, for appellant. Also represented by ANDREW TUTT ; DAVID A. CAINE , Palo Alto, CA.

JON WRIGHT , Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, for appellee. Also represented by CHING-LEE FUKUDA , SHARON LEE , Sidley Austin LLP, New York, NY; RYAN C. MORRIS , Washington, DC. MAI-TRANG DUC DANG , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by THOMAS W. KRAUSE , FARHEENA YASMEEN RASHEED .

Before LOURIE, MOORE, and O'MALLEY,

NOTE: This disposition is nonprecedential.

Boston Scientific Neuromodulation Corporation appeals the final written decision of the Patent Trial and Appeal Board holding claims 1-20 of U.S. Patent No. 7,587,241 unpatentable as obvious. For the reasons discussed below, we affirm.

BACKGROUND

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