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Case number 2019-1584

Boston Scientific v. Nevro Corp. > Documents

Date Field Doc. No.Description (Pages)
Apr 23, 2021 0 BOSTON SCIENTIFIC v. NEVRO CORP. [OPINION] [nonprecedential] (0)
Jul 9, 2020 74 Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [706393] [JAB] [Entered: 07/09/2020 01:24 PM] (0)
Jun 1, 2020 73 Bill of Costs for Appellee Nevro Corp.. Service: 06/01/2020 by email. [698141] [19-1584] [Jon Wright] [Entered: 06/01/2020 10:57 AM] (0)
May 18, 2020 71 OPINION filed for the court by Lourie, Circuit Judge; Moore, Circuit Judge and O'Malley, Circuit Judge. Nonprecedential Opinion. [695186] [JAB] [Entered: 05/18/2020 09:39 AM] (0)
May 18, 2020 72 JUDGMENT. AFFIRMED. Terminated on the merits after submission on the briefs. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [695187] [JAB] [Entered: 05/18/2020 09:40 AM] (0)
May 4, 2020 70 Submitted ON THE BRIEFS. Panel: Judge: Lourie , Judge: Moore , Judge: O'Malley. [691955] [JCP] [Entered: 05/04/2020 01:24 PM] (0)
Apr 6, 2020 69 ORDER filed. The oral argument scheduled for May 4, 2020, is canceled. These appeals will be submitted on the briefs without oral argument on that date.By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [684311] [19-1582, 19-1584] [JAB] [Entered: 04/06/2020 10:51 AM] (0)
Mar 20, 2020 68 NOTICE OF ORAL ARGUMENT. Panel: 2005C. Case scheduled May 4, 2020 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 203. Response to Notice of Oral Argument due: 04/15/2020. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. [680409] [JAB] [Entered: 03/20/2020 09:49 AM] (0)
Feb 21, 2020 67 This entry was made in error and has been removed from the docket. The following conflict dates submitted by Attorney Ching-Lee Fukuda for Appellee Nevro Corp. have been accepted by the court: 05/05/2020, 05/06/2020, 06/01/2020, 06/02/2020, 06/03/2020, 06/04/2020, 06/05/2020. [673062] [JAB] [Entered: 02/21/2020 08:54 AM] (0)
Feb 21, 2020 66 The following conflict dates submitted by Attorney Matthew Wolf for Appellant Boston Scientific Neuromodulation Corporation have been accepted by the court: 04/06/2020, 04/07/2020, 04/08/2020, 04/09/2020, 04/10/2020, 06/05/2020, 07/08/2020, 07/09/2020, 07/10/2020. [673059] [JAB] [Entered: 02/21/2020 08:51 AM] (0)
Feb 21, 2020 65 The following conflict dates submitted by Attorney Jon Wright for Appellee Nevro Corp. have been accepted by the court: 04/06/2020, 04/07/2020, 04/08/2020, 04/09/2020, 04/10/2020. [673058] [JAB] [Entered: 02/21/2020 08:50 AM] (0)
Feb 20, 2020 64 6 paper copies of the Opening Response Brief [22] received from Appellee Nevro Corp. [673007] [CJF] [Entered: 02/21/2020 06:59 AM] (0)
Feb 19, 2020 63 Notice from Appellant Boston Scientific Neuromodulation Corporation regarding conflicts with oral argument. Service: 02/19/2020 by email. [672419] [19-1584] [Matthew Wolf] [Entered: 02/19/2020 01:52 PM] (3)
Feb 19, 2020 62 Notice from Appellee Nevro Corp. regarding conflicts with oral argument. Service: 02/19/2020 by email. [672254] [19-1584] [Jon Wright] [Entered: 02/19/2020 09:47 AM] (4)
Feb 14, 2020 61 6 paper copies of the Opening Brief [15] received from Appellant Boston Scientific Neuromodulation Corporation. [671759] [JCP] [Entered: 02/17/2020 10:14 AM] (0)
Feb 14, 2020 60 6 paper copies of the Corrected Reply Brief [25] received from Appellant Boston Scientific Neuromodulation Corporation. [671758] [JCP] [Entered: 02/17/2020 10:13 AM] (0)
Feb 14, 2020 59 6 paper copies of the Corrected Joint Appendix [38] received from Appellant Boston Scientific Neuromodulation Corporation. [671757] [JCP] [Entered: 02/17/2020 10:11 AM] (0)
Feb 12, 2020 58 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [670574] [JAL] [Entered: 02/12/2020 09:34 AM] (1)
Feb 12, 2020 57 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [670573] [JAL] [Entered: 02/12/2020 09:34 AM] (0)
Feb 10, 2020 56 Letter from Intervenor Iancu Letter Re: Participation. Service: 02/10/2020 by email. [669792] [19-1584] [Mai-Trang Dang] [Entered: 02/10/2020 12:55 PM] (3)
Feb 5, 2020 55 ORDER. Within 5 days of the date of filing of this order, the Director of the United States Patent and Trademark Office is directed to inform this court whether he intends to participate at oral argument in these appeals. Service as of this date by the Clerk of Court. [668559] [19-1582, 19-1584] [LMS] [Entered: 02/05/2020 10:40 AM] (2)
Jan 30, 2020 54 Docketing Statement for the Intervenor Iancu. Service: 01/30/2020 by email. [667389] [19-1584] [Mai-Trang Dang] [Entered: 01/30/2020 03:20 PM] (3)
Jan 23, 2020 53 ORDER filed denying [654760-2] motion to reconsider order, to reconsider order en banc filed by Boston Scientific Neuromodulation Corporation in 19-1582; denying [41] motion to reconsider order, to reconsider order en banc filed by Boston Scientific Neuromodulation Corporation in 19-1584. By: En Banc (Per Curiam). Service as of this date by the Clerk of Court. [665337] [19-1582, 19-1584] [JAB] [Entered: 01/23/2020 08:49 AM] (3)
Jan 16, 2020 52 ORDER granting motion [45]. The Director of the United States Patent and Trademark Office is added as an intervenor. The revised official caption is reflected in the order. See order for further instructions. Service as of this date by the Clerk of Court. [663872] [JAL] [Entered: 01/16/2020 02:43 PM] (2)
Jan 9, 2020 51 REPLY of Appellant Boston Scientific Neuromodulation Corporation to response [44], response [47]. Service: 01/09/2020 by email. [662044] [19-1584] [David Caine] [Entered: 01/09/2020 06:08 PM] (13)
Jan 7, 2020 49 Entry of appearance for Thomas W. Krause as of counsel for Intervenor-Director of the United States Patent and Trademark Office. Service: 01/07/2020 by email. [661335] [19-1584] [Thomas Krause] [Entered: 01/07/2020 05:29 PM] (1)
Jan 7, 2020 48 Entry of appearance for Mai-Trang D. Dang as principal counsel for Intervenor-Director of the United States Patent and Trademark Office. Service: 01/07/2020 by email. [661331] [19-1584] [Mai-Trang Dang] [Entered: 01/07/2020 05:26 PM] (1)
Jan 7, 2020 47 RESPONSE from Intervenor-Director of the United States Patent and Trademark Office to the motion to reconsider order [41] filed by Appellants Boston Scientific Neuromodulation Corporation and Boston Scientific Neuromodulation Corporation, motion to reconsider order en banc [41] filed by Appellants Boston Scientific Neuromodulation Corporation and Boston Scientific Neuromodulation Corporation. Service: 01/07/2020 by email. [661330] [19-1584] [Mai-Trang Dang] [Entered: 01/07/2020 05:25 PM] (11)
Jan 7, 2020 46 Notice of Intervention pursuant to the provisions of 35 USC Section 143 from the Director of the United States Patent and Trademark Office. Service: 01/07/2020 by email. [661329] [19-1584] [Mai-Trang Dang] [Entered: 01/07/2020 05:22 PM] (3)
Jan 7, 2020 45 MOTION of the Director of the United States Patent and Trademark Office for leave to file a response/reply to [41] motion to reconsider order, [41] motion to reconsider order en banc [Consent: unopposed]. Service: 01/07/2020 by email. [661328] [19-1584] [Mai-Trang Dang] [Entered: 01/07/2020 05:21 PM] (5)
Jan 7, 2020 50 Entry of appearance for Farheena Y. Rasheed as of counsel for Intervenor-Director of the United States Patent and Trademark Office. Service: 01/07/2020 by email. [661336] [19-1584] [Farheena Rasheed] [Entered: 01/07/2020 05:31 PM] (1)
Jan 6, 2020 44 RESPONSE of Appellee Nevro Corp. to the motion to reconsider order [41] filed by Appellants Boston Scientific Neuromodulation Corporation and Boston Scientific Neuromodulation Corporation, motion to reconsider order en banc [41] filed by Appellants Boston Scientific Neuromodulation Corporation and Boston Scientific Neuromodulation Corporation. Service: 01/06/2020 by email. [660933] [19-1584] [Ching-Lee Fukuda] [Entered: 01/06/2020 02:43 PM] (14)
Dec 13, 2019 43 ORDER granting motion to extend time to file other [656297-2] in 19-1582, granting motion to extend time to file other [42] in 19-1584. Any responses by Nevro Corp. and the United States to the motions for reconsideration [654760-2] [41] must be filed no later than January 6, 2020. Any reply in support of the motions is due no later than three days thereafter. Service as of this date by the Clerk of Court. [656458] [19-1582, 19-1584] [NL] [Entered: 12/13/2019 12:31 PM] (2)
Dec 12, 2019 42 MOTION of Appellee Nevro Corp. to extend the time to 01/15/2020 to file Response/Reply [Consent: opposed]. Service: 12/12/2019 by email. [656293] [19-1584] [Ching-Lee Fukuda] [Entered: 12/12/2019 08:20 PM] (15)
Dec 6, 2019 41 MODIFIED ENTRY: MOTION of Appellant Boston Scientific Neuromodulation Corporation to reconsider order [36], and to reconsider court order en banc [36] [Consent: not addressed]. Service: 12/06/2019 by email. [654761]--[Edited 12/11/2019 by JCA - Reason: to revise docket text] [David Caine] [Entered: 12/06/2019 05:01 PM] (31)
Dec 6, 2019 40 RESPONSE of Appellee Nevro Corp. to the supplemental authority [39] filed by Appellant Boston Scientific Neuromodulation Corporation. Service: 12/06/2019 by email. [654509] [19-1584] [Jon Wright] [Entered: 12/06/2019 10:16 AM] (3)
Dec 4, 2019 39 Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellant Boston Scientific Neuromodulation Corporation. Service: 12/04/2019 by email. [654147] [19-1584] [David Caine] [Entered: 12/04/2019 04:51 PM] (12)
Dec 3, 2019 38 MODIFIED ENTRY: CORRECTED JOINT APPENDIX FILED for Appellant Boston Scientific Neuromodulation Corporation. Number of Pages: 479. Service: 12/03/2019 by email. [653666]--[Edited 12/05/2019 by JAL - Compliance review complete] [David Caine] [Entered: 12/03/2019 02:04 PM] (479)
Dec 3, 2019 37 Notice of Correction to Doc No. [26] for Appellant Boston Scientific Neuromodulation Corporation. Service: 12/03/2019 by email. [653664] [19-1584] [David Caine] [Entered: 12/03/2019 02:02 PM] (2)
Nov 22, 2019 36 ORDER filed denying [648700-2] motion leave to file supplemental brief filed by Boston Scientific Neuromodulation Corporation in 19-1582, denying [28] motion leave to file supplemental brief filed by Boston Scientific Neuromodulation Corporation in 19-1584; denying [650358-2] motion to extend time to file other filed by Nevro Corp. in 19-1582, denying [33] motion to extend time to file other filed by Nevro Corp. in 19-1584; denying [650223-2] motion to stay appeal in 19-1582, denying [30] motion to stay appeal in 19-1584.. Service as of this date by the Clerk of Court. [651679] [19-1582, 19-1584] [NL] [Entered: 11/22/2019 11:35 AM] (3)
Nov 20, 2019 35 RESPONSE of Appellant Boston Scientific Neuromodulation Corporation to the motion to stay appeal [30] , motion to extend time to file other [30]. Service: 11/20/2019 by email. [650983] [19-1584] [David Caine] [Entered: 11/20/2019 03:09 PM] (14)
Nov 20, 2019 34 RESPONSE of Appellant Boston Scientific Neuromodulation Corporation to the motion to extend time to file other [33] filed by Appellee Nevro Corp.. Service: 11/20/2019 by email. [650982] [19-1584] [David Caine] [Entered: 11/20/2019 03:07 PM] (9)
Nov 18, 2019 33 MOTION of Appellee Nevro Corp. to extend the time to 12/26/2019 to file Response/Reply [Consent: opposed]. Service: 11/18/2019 by email. [650364] [19-1584] [Ching-Lee Fukuda] [Entered: 11/18/2019 07:19 PM] (13)
Nov 18, 2019 32 Entry of appearance for Scott R. McIntosh as of counsel for United States. Service: 11/18/2019 by email. [650324] [19-1584] [Scott McIntosh] [Entered: 11/18/2019 04:59 PM] (1)
Nov 18, 2019 31 Entry of appearance for Courtney L. Dixon as of counsel for United States. Service: 11/18/2019 by email. [650231] [19-1584] [Courtney Dixon] [Entered: 11/18/2019 03:17 PM] (1)
Nov 18, 2019 30 MODIFIED ENTRY: MOTION of United States for stay of proceedings, or, in the alternative, extension of time to respond [Consent: partial consent]. Service: 11/18/2019 by email. [650227]--[Edited 11/19/2019 by MJL to correct relief] [Courtney Dixon] [Entered: 11/18/2019 03:14 PM] (8)
Nov 14, 2019 29 ORDER Notice of Boston Scientific's constitutional challenge [648700-2] [28] is hereby certified to the Attorney General. The United States' request to intervene and any response by the United States and Nevro Corp. to the motions is due no later than ten days from the date of filing of this order. Any reply in support of the motions is due no later than five days thereafter. Service as of this date by the Clerk of Court. [649379] [19-1582, 19-1584] [LMS] [Entered: 11/14/2019 02:47 PM] (3)
Nov 12, 2019 28 MOTION of Appellant Boston Scientific Neuromodulation Corporation to File Supplemental Briefs Addressing Appointments Clause [Consent: opposed]. Service: 11/12/2019 by email. [648703] [19-1584] [David Caine] [Entered: 11/12/2019 03:16 PM] (31)
Sep 27, 2019 27 Notice to counsel: The record of this case indicates that the Certificate of Compliance with Fed. Cir. R. 17(f) has not been filed. IF any portion of the record in the agency is subject to a protective order, counsel should promptly file the appropriate Certificate of Compliance using the Cert of Compliance - Protective Order event. Service as of this date by the Clerk of Court. [638645] [JAL] [Entered: 09/27/2019 10:07 AM] (0)
Sep 26, 2019 26 MODIFIED ENTRY: JOINT APPENDIX FILED for Appellant Boston Scientific Neuromodulation Corporation. Number of Pages: 479. Service: 09/26/2019 by email. [638508] --[Edited 09/27/2019 by JAL - Compliance review complete] This brief has been corrected. See Doc No.[38] [David Caine] [Entered: 09/26/2019 03:20 PM] (479)
Sep 23, 2019 25 MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED for Appellant Boston Scientific Neuromodulation Corporation. Number of Pages: 29. Service: 09/23/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of the original version of this brief [23]. See Fed. Cir. R. 31. [637385] --[Edited 09/23/2019 by JAL - Compliance review complete] [David Caine] [Entered: 09/23/2019 12:05 PM] (35)
Sep 20, 2019 24 NOTICE OF NON-COMPLIANCE: The submission of Appellant Boston Scientific Neuromodulation Corporation, Reply Brief [23], is not in compliance with the rules of this court (see attached). Compliant document due on 09/27/2019. The deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [636950] [JAL] [Entered: 09/20/2019 09:13 AM] (2)
Sep 19, 2019 23 FILED from Appellant Boston Scientific Neuromodulation Corporation and Appellee Nevro Corp.. Title: REPLY BRIEF. Service: 09/19/2019 by email. [636916] [19-1584] This document is non-compliant. See Doc No.[24] [Matthew Wolf] [Entered: 09/19/2019 07:10 PM] (30)
Aug 29, 2019 22 MODIFIED ENTRY: RESPONSE BRIEF FILED for Appellee Nevro Corp. Number of Pages: 71. Service: 08/29/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [632095] --[Edited 08/30/2019 by JAL - Compliance review complete] [Jon Wright] [Entered: 08/29/2019 04:35 PM] (81)
Aug 6, 2019 21 Amended Certificate of Interest for Appellee Nevro Corp.. Service: 08/06/2019 by email. [626447] [19-1584] [Jon Wright] [Entered: 08/06/2019 04:23 PM] (3)
Jul 2, 2019 20 ORDER filed. The motions [616907-2] [17] are granted. Service: 07/02/2019 by clerk. [618581] [19-1582, 19-1584] [LMS] [Entered: 07/02/2019 01:44 PM] (2)
Jun 26, 2019 19 REPLY of Appellee Nevro Corp. to response [18]. Service: 06/26/2019 by email. [617216] [19-1584] [Jon Wright] [Entered: 06/26/2019 05:02 PM] (6)
Jun 25, 2019 18 RESPONSE of Appellant Boston Scientific Neuromodulation Corporation to the motion to extend time to file brief [17] filed by Appellee Nevro Corp.. Service: 06/25/2019 by email. [616945] [19-1584] [David Caine] [Entered: 06/25/2019 11:25 PM] (11)
Jun 25, 2019 17 MOTION of Appellee Nevro Corp. to extend the time to 08/29/2019 to file the Response Brief. [Consent: opposed]. Service: 06/25/2019 by email. [616892] [19-1584] [Jon Wright] [Entered: 06/25/2019 04:28 PM] (14)
Jun 25, 2019 16 Entry of appearance for Ryan C. Morris as of counsel for Appellee Nevro Corp.. Service: 06/25/2019 by email. [616834] [19-1584]--[Edited 06/25/2019 by JAL to add party filer] [Ryan Morris] [Entered: 06/25/2019 03:27 PM] (2)
Jun 3, 2019 15 MODIFIED ENTRY: OPENING BRIEF FILED for Appellant Boston Scientific Neuromodulation Corporation. Number of Pages: 53. Service: 06/03/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [611150] --[Edited 06/04/2019 by JAL - Compliance review complete] [David Caine] [Entered: 06/03/2019 08:52 PM] (166)
May 31, 2019 14 Entry of appearance for Andrew Tutt as of counsel for Appellant Boston Scientific Neuromodulation Corporation. Service: 05/31/2019 by email. [610807] [19-1584] [Andrew Tutt] [Entered: 05/31/2019 04:28 PM] (2)
May 20, 2019 13 REMINDER: All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a) and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [608491] [JAL] [Entered: 05/20/2019 04:43 PM] (0)
Apr 5, 2019 12 Certified list from the United States Patent and Trademark Office. Service: 04/04/2019 by email. Appellant's brief is due 06/03/2019. [598069] [JAL] [Entered: 04/05/2019 11:09 AM] (65)
Mar 11, 2019 11 Entry of appearance for Matthew M. Wolf as principal counsel for Appellant Boston Scientific Neuromodulation Corporation. Service: 03/11/2019 by email. [591973] [19-1584] [Matthew Wolf] [Entered: 03/11/2019 04:03 PM] (2)
Mar 11, 2019 10 Docketing Statement for the Appellant Boston Scientific Neuromodulation Corporation. Service: 03/11/2019 by email. [591961] [19-1584] [David Caine] [Entered: 03/11/2019 03:51 PM] (4)
Mar 11, 2019 9 Certificate of Interest for the Appellant Boston Scientific Neuromodulation Corporation. Service: 03/11/2019 by email. [591959] [19-1584] [David Caine] [Entered: 03/11/2019 03:49 PM] (3)
Mar 11, 2019 8 Entry of appearance for David A. Caine as of counsel for Appellant Boston Scientific Neuromodulation Corporation. Service: 03/11/2019 by email. [591955] [19-1584] [David Caine] [Entered: 03/11/2019 03:47 PM] (2)
Mar 8, 2019 7 Entry of appearance for Ching-Lee Fukuda as of counsel for Appellee Nevro Corp.. Service: 03/08/2019 by email. [591477] [19-1584] [Jon Wright] [Entered: 03/08/2019 12:50 PM] (2)
Mar 8, 2019 6 Entry of appearance for Sharon Lee as of counsel for Appellee Nevro Corp.. Service: 03/08/2019 by email. [591476] [19-1584] [Jon Wright] [Entered: 03/08/2019 12:49 PM] (2)
Mar 8, 2019 5 Certificate of Interest for the Appellee Nevro Corp.. Service: 03/08/2019 by email. [591470] [19-1584] [Jon Wright] [Entered: 03/08/2019 12:38 PM] (3)
Mar 8, 2019 4 Docketing Statement for the Appellee Nevro Corp.. Service: 03/08/2019 by email. [591469] [19-1584] [Jon Wright] [Entered: 03/08/2019 12:37 PM] (4)
Mar 8, 2019 3 Entry of appearance for Jon E. Wright as principal counsel for Appellee Nevro Corp.. Service: 03/08/2019 by email. [591465] [19-1584] [Jon Wright] [Entered: 03/08/2019 12:36 PM] (2)
Mar 4, 2019 2 Note to file: 19-1584 (COMPANION started 03/04/2019) with 19-1582. These cases shall be considered companion cases and assigned to the same merits panel for oral argument. [589942] [19-1582, 19-1584] [JAL] [Entered: 03/04/2019 09:33 AM] (0)
Feb 25, 2019 1 Appeal docketed. Received: 02/22/2019. [588250] Entry of Appearance due 03/11/2019. Certificate of Interest is due on 03/11/2019. Docketing Statement due 03/11/2019. Certified List due on 04/08/2019. [JAL] [Entered: 02/25/2019 09:00 AM] (68)
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