Court Grants Sua Sponte Motion for Sanctions Based on Violating FRCP Rule 11

May 10, 2018 – Nevro Corp. had filed a lawsuit against Boston Scientific Corp. and Boston Scientific Neuromodulation Corp. for infringement of its spinal cord pain reduction technology. On May 8, the court sua sponte sanctioned defense counsel $2,500 for filing a frivolous motion to seal and motion for reconsideration in violation of Rule 11 of the Federal Rules of Civil Procedure. While, at the hearing on the order to show cause, there was discussion of the fact that attorneys are under great pressure to file motions to seal information that their clients would prefer to keep secret, the answer is not to file frivolous sealing requests but to explain to clients that the public has the right to know what the litigation is about, subject only to very limited exceptions.

The patents at issue are U.S. Patent Nos. 8,712,533 entitled “Selective High Frequency Spinal Cord Modulation for Inhibiting Pain with Reduced Side Effects, and Associated Systems and Methods,” 9,327,125 entitled “Selective High Frequency Spinal Cord Modulation for Inhibiting Pain with Reduced Side Effects, and Associated Systems and Methods,” 8,359,102 entitled “Selective High Frequency Spinal Cord Modulation for Inhibiting Pain with Reduced Side Effects, and Associated Systems and Methods,” 9,480,842 entitled “Selective High Frequency Spinal Cord Modulation for Inhibiting Pain with Reduced Side Effects, and Associated Systems and Methods,” 9,333,357 entitled “Selective High Frequency Spinal Cord Modulation for Inhibiting Pain with Reduced Side Effects, and Associated Systems and Methods,” and 8,792,988, entitled “Selective High Frequency Spinal Cord Modulation for Inhibiting Pain with Reduced Side Effects, and Associated Systems and Methods.” The case is captioned Nevro Corp. v. Boston Scientific Corporation et al, Case No. 3-16-cv-06830, and is pending in the Northern District of California.

By: Julian G. Pymento