10 Reasons That Contract An Efficient Patent Attorney For Your Litigation Is Worth Every Penny

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If a U.S. Patent and Trademark Office  examiner misunderstands the prior art, the attorneys aren’t obligated to correct him or her, he said. Jacobs added that it's akin to when judges rule in a party's favor based on arguments they never put forward. The party is still entitled to the victory, he said. But U.S. District Judge Vince Chhabria appeared skeptical of Jacob’s reasoning. "Maybe that’s right, maybe it’s just a little sleazy or something,” the judge said. The discussion came during a hearing in San Francisco on Nevro’s motion to strike one of BSC’s defense arguments in response to Nevro’s November complaint . Nevro claims in its suit that BSC and its affiliate are infringing Nevro’s six patents covering spinal cord stimulation technology used to treat chronic pain. The suit alleges that BSC is “aggressively trying to mimic” Nevro’s innovative spinal cord therapy, which delivers high frequency electrical pulse waveforms — as opposed to low frequency waveforms, which other medical companies use — to generate a tingling and numbing feeling to mask pain. In December, BSC filed an answer to the allegations, including in its defenses that Nevro’s patent attorney John Wechkin never cleared up the patent examiner’s misunderstanding related to a claim in the patent. Wechkin’s alleged omission amounts to inequitable conduct, BSC argued. But Nevro asked Judge Chhabria to strike the defense, arguing that Wechkin doesn’t have a duty to correct the examiner’s misunderstanding.

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