Case 1:16-cv-01163-CFC-CJB Document 907 Filed 05/03/22 Page 1 of 87 PageID #: 41808
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-1163 (CFC) (CJB)
`CONSOLIDATED
`
`DEMAND FOR JURY TRIAL
`
`)))))))))))))
`
`BOSTON SCIENTIFIC CORP. and
`BOSTON SCIENTIFIC NEUROMODULATION
`CORP.,
`
`Plaintiffs and Counter-
`Defendants,
`
`v.
`
`NEVRO CORP.,
`
`Defendant and
`Counterclaimant.
`
`NEVRO CORP.’S ANSWER, AFFIRMATIVE DEFENSES, AND
`COUNTERCLAIMS TO THIRD AMENDED COMPLAINT
`
`Defendant Nevro Corp. (“Nevro”), by and through its undersigned counsel,
`
`hereby submits this Answer, Affirmative Defenses, and Counterclaims to the Third Amended
`
`Complaint of Plaintiffs Boston Scientific Corp. (“BSC”) and Boston Scientific Neuromodulation
`
`Corp. (“BSNC”) (collectively, “Boston Scientific”) (D.I. 789). Pursuant to Federal Rule of Civil
`
`Procedure 8(b)(3), Nevro denies each and every allegation in Boston Scientific’s Third Amended
`
`Complaint except those expressly admitted below.
`
`OVERVIEW OF THE ACTION
`
`1.
`
`This paragraph contains statements to which no response is required. To
`
`the extent any response is required, Nevro admits that Boston Scientific purports to bring an
`
`action for patent infringement and theft of trade secrets. Nevro denies any remaining allegations
`
`in this paragraph.
`
`2.
`
`Nevro denies that it has infringed any valid and enforceable claims of U.S.
`
`Patent No. 7,496,404 (“the ’404 patent”); U.S. Patent No. 8,682,447 (“the ’447 patent”); U.S.
`
`

`

`Case 1:16-cv-01163-CFC-CJB Document 907 Filed 05/03/22 Page 2 of 87 PageID #: 41809
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`Patent No. 6,993,384 (“the ’384 patent”); U.S. Patent No. 7,853,330 (“the ’330 patent”); U.S.
`
`Patent No. 7,822,480 (“the ’480 patent”); U.S. Patent No. 6,381,496 (“the ’496 patent”); U.S.
`
`Patent No. 7,177,690 (“the ’690 patent”); and U.S. Patent No. 9,162,071 (“the ’071 patent”)
`
`(collectively, the “Asserted Patents”) via the manufacture, use, sale, offer to sell, exportation,
`
`and/or importation, in whole or in part, of the Senza® Spinal Cord Stimulation System, the
`
`Senza IITM Spinal Cord Stimulation System, or the Senza® OmniaTM Spinal Cord Stimulation
`
`System (collectively, the “Senza® Systems”).
`
`3.
`
`Nevro denies that it has acquired or used confidential Boston Scientific
`
`documents.
`
`4.
`
`5.
`
`THE PARTIES
`
`Admitted.
`
`Nevro admits that BSNC is a Delaware corporation with its principal place
`
`of business at 25155 Rye Canyon Loop, Valencia, California 91355. Nevro lacks sufficient
`
`knowledge or information to admit or deny the remaining allegations in this paragraph, and on
`
`that basis denies those allegations.
`
`6.
`
`7.
`
`Admitted.
`
`JURISDICTION AND VENUE
`
`This paragraph contains statements to which no response is required. To
`
`the extent any response is required, Nevro admits that Boston Scientific purports to bring this
`
`action under the patent laws of the United States, pursuant to Title 35 of the United States Code,
`
`but denies that Boston Scientific’s claims have any merit.
`
`8.
`
`Nevro admits that this Court has subject matter jurisdiction over the patent
`
`infringement claims asserted in Boston Scientific’s Third Amended Complaint under 28 U.S.C.
`
`§§ 1331 and 1338(a). Nevro denies any remaining allegations in this paragraph.
`
`2
`
`

`

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`9.
`
`10.
`
`Denied.
`
`Nevro admits that this Court has personal jurisdiction over Nevro for
`
`purposes of this litigation. Nevro denies any remaining allegations in this paragraph.
`
`11.
`
`Nevro admits that venue is proper in this District for purposes of this
`
`litigation.
`
`BOSTON SCIENTIFIC’S BACKGROUND
`
`12.
`
`Nevro admits that Boston Scientific is a medical device manufacturer, and
`
`that Boston Scientific sells Spinal Cord Stimulation (“SCS”) systems for the treatment of chronic
`
`pain. Nevro lacks sufficient knowledge or information to admit or deny the remaining
`
`allegations in this paragraph, and on that basis denies those allegations.
`
`13.
`
`Nevro admits, on information and belief, that Boston Scientific sells SCS
`
`systems that include the term “Precision” in the product name. Nevro lacks sufficient knowledge
`
`or information to admit or deny the remaining allegations in this paragraph, and on that basis
`
`denies those allegations.
`
`14.
`
`Nevro denies that Boston Scientific developed and patented core
`
`technologies that are essential to SCS systems, and that Boston Scientific’s technologies form the
`
`foundation of every SCS system on the market, including Nevro’s Senza® Systems. Nevro lacks
`
`sufficient knowledge or information to admit or deny the remaining allegations in this paragraph,
`
`and on that basis denies those allegations.
`
`THE NEVRO SYSTEMS
`
`15.
`
`Nevro admits that its Senza® I system is as described in documents
`
`submitted by Nevro to the FDA and SEC, but denies this paragraph to the extent it is inconsistent
`
`or incomplete with respect to those documents.
`
`3
`
`

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`16.
`
`Nevro denies that it launched the Senza® I system in Europe and Australia
`
`in the same year. Otherwise, admitted.
`
`17.
`
`Nevro admits that its Senza® II system is as described in documents
`
`submitted by Nevro to the FDA and SEC, but denies this paragraph to the extent it is inconsistent
`
`or incomplete with respect to those documents.
`
`18.
`
`Nevro admits that on November 5, 2019, it issued a press release
`
`announcing that its Senza® OmniaTM had received approval from the FDA and that international
`
`approvals are expected in Europe during the first half of 2020 and Australia during the latter part
`
`of 2020. Nevro further admits that its Senza® OmniaTM is as described in documents submitted
`
`by Nevro to the FDA and SEC, but denies the remainder of this paragraph to the extent it is
`
`inconsistent or incomplete with respect to those documents.
`
`19.
`
`Nevro admits that C.C.C. Del Uruguay S.A. (“CCC”) is a manufacturer of
`
`Nevro’s implantable pulse generators (“IPGs”). Nevro denies that CCC currently manufactures
`
`Nevro’s external chargers, trial simulators, and programmer wands. Nevro admits that CCC has
`
`a manufacturing facility in Montevideo, Uruguay.
`
`20.
`
`Nevro admits that Vention Medical Design and Development, Inc.
`
`(“Vention”) is a manufacturer of Nevro’s IPGs. Nevro admits that Vention has a manufacturing
`
`facility in the United States.
`
`21.
`
`Nevro admits that Stellar Technologies, Inc. is the single-source supplier
`
`of Nevro’s percutaneous leads. Nevro lacks sufficient knowledge or information to admit or
`
`deny the remaining allegations in this paragraph, and on that basis denies those allegations.
`
`22.
`
`Nevro admits that EaglePicher Medical Power LLC is currently the single-
`
`source supplier of batteries for Nevro’s IPGs. Nevro lacks sufficient knowledge or information
`
`4
`
`

`

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`to admit or deny the remaining allegations in this paragraph, and on that basis denies those
`
`allegations.
`
`23.
`
`Nevro admits that Pro-Tech Design and Manufacturing, Inc. (“Pro-Tech”)
`
`is the single-source supplier for conducting the inspection, labeling, packaging and sterilization
`
`of Nevro’s Senza® Systems. Nevro admits that Pro-Tech’s tender of the Senza® Systems for
`
`delivery, FCA (Incoterms 2000) includes Pro-Tech’s Santa Fe Springs, California facility.
`
`Nevro lacks sufficient knowledge or information to admit or deny the remaining allegations in
`
`this paragraph, and on that basis denies those allegations.
`
`THE ASSERTED PATENTS
`
`24.
`
`Nevro admits that it received copies of the Asserted Patents at least upon
`
`service of the First Amended Complaint. Nevro denies any remaining allegations in this
`
`paragraph.
`
`25.
`
`Nevro admits that its February 29, 2016 Form 10-K filing contained the
`
`statement quoted in this paragraph. Nevro admits that Boston Scientific, Nevro, Medtronic, and
`
`St. Jude are competitors in the SCS market. Nevro denies any remaining allegations in this
`
`paragraph.
`
`26.
`
`Nevro admits that it participated in an FDA-monitored randomized
`
`controlled trial in a head-to-head comparison against Boston Scientific’s PrecisionTM SCS
`
`system in which Nevro’s Senza® System and paresthesia-free HF10™ therapy was determined
`
`by the FDA to be clinically superior to Boston Scientific’s Precision SCS system. Nevro denies
`
`that the statement quoted in paragraph 25 of the Third Amended Complaint from Nevro’s
`
`February 29, 2016 Form 10-K filing evidences that “it is standard practice in the SCS industry to
`
`monitor competitors’ patent portfolios.” Nevro lacks sufficient knowledge or information
`
`regarding other companies’ practices with respect to monitoring competitors’ patent portfolios,
`
`5
`
`

`

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`and on that basis denies the allegation. Nevro denies any remaining allegations in this
`
`paragraph.
`
`27.
`
`Nevro admits that Boston Scientific filed two Petitions for Inter Partes
`
`Review of Nevro’s U.S. Patent No. 8,359,102 in May 2015, which were subsequently denied
`
`institution by the Patent Trial and Appeal Board in November 2015. Nevro admits that it filed a
`
`Complaint for Patent Infringement and Declaratory Judgment against Boston Scientific in the
`
`United States District Court for the Northern District of California in November 2016. Nevro
`
`admits that it conducted a pre-suit investigation into Boston Scientific’s infringing activities with
`
`respect to Nevro’s patents asserted in that action prior to initiating the lawsuit against Boston
`
`Scientific. Nevro lacks sufficient knowledge or information regarding other companies’
`
`practices with respect to competitive intelligence and pre-suit investigations, and on that basis
`
`denies the corresponding allegation. Nevro denies any remaining allegations in this paragraph.
`
`28.
`
`Nevro admits that Kerry Bradley is currently the Senior Director of
`
`Clinical Science & Research at Nevro. Nevro admits that Mr. Bradley previously worked for
`
`Boston Scientific. Nevro admits that Mr. Bradley is identified as a co-inventor of the ’447, ’384,
`
`and ’330 patents on their face. Nevro lacks sufficient knowledge or information to admit or deny
`
`the remaining allegations concerning Mr. Bradley’s prior employment before Nevro, and on that
`
`basis denies those allegations. Nevro denies any remaining allegations in this paragraph.
`
`29.
`
`Nevro admits that Jim Thacker was previously employed at Nevro as the
`
`Senior Director of Clinical Engineering. Nevro admits that Mr. Thacker also previously worked
`
`for Boston Scientific. Nevro admits that Mr. Thacker is identified as a co-inventor of the ’690,
`
`’447, ’384, and ’330 patents on their face. Nevro lacks sufficient knowledge or information to
`
`admit or deny the remaining allegations concerning Mr. Thacker’s prior employment before
`
`6
`
`

`

`Case 1:16-cv-01163-CFC-CJB Document 907 Filed 05/03/22 Page 7 of 87 PageID #: 41814
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`Nevro, and on that basis denies those allegations. Nevro denies any remaining allegations in this
`
`paragraph.
`
`30.
`
`Nevro admits that Dongchul Lee is currently the Director of Theoretical
`
`Research at Nevro. Nevro admits that Mr. Lee previously worked for Boston Scientific. Nevro
`
`lacks sufficient knowledge or information to admit or deny the remaining allegations concerning
`
`Mr. Lee’s prior employment before Nevro, and on that basis denies those allegations. Nevro
`
`denies any remaining allegations in this paragraph.
`
`31.
`
`Nevro lacks sufficient knowledge or information to admit or deny the
`
`allegations concerning Messrs. Bradley, Thacker, and Lee’s prior employment or their alleged
`
`knowledge, and on that basis denies those allegations. Nevro denies any remaining allegations in
`
`this paragraph.
`
`32.
`
`Nevro denies that Anthony Puglisi, Cable Hawkins, Brian Warriner,
`
`Danielle Pronesti, Reynaldo Nossa, Tamara Baynham, Dan Hestera, Angela Holley, Matt
`
`Goldstone, Christopher White, Christine Biello, Mandy Cash, Gretchen Thomas, Will Windauer
`
`and Kelly Engle are current employees of Nevro. Nevro denies that Lisa Earnhardt is a member
`
`of Nevro’s Board of Directors. Nevro admits that the following are current employees at Nevro:
`
`Doug Alleavitch, Vice President, Quality; Andreas Koenig, Sr. Clinical Affairs Manager; David
`
`Marco, Principal Field Clinical Engineer; Jeff Orr, Regional Sales Director; Jim Sackleh,
`
`Regional Sales Director; Richard James, Regional Sales Director; Heather Moss-Gad, District
`
`Sales Manager; Philip Almeida, District Sales Manager; Ryan Livingston, District Sales
`
`Manager; Lindsay Molden, District Sales Manager; Chad Sellers, District Sales Manager;
`
`Randall Scott Shoultz, District Sales Manager; Croix Paquin, District Sales Manager; Ashley
`
`Bailey, Therapy Consultant; Kate Ginter Cameron, Therapy Optimization Specialist and Laurie
`
`7
`
`

`

`Case 1:16-cv-01163-CFC-CJB Document 907 Filed 05/03/22 Page 8 of 87 PageID #: 41815
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`Cigan, Senior Manager, Professional Education at Nevro. Nevro lacks sufficient knowledge or
`
`information to admit or deny the allegations concerning these individuals’ employment before
`
`Nevro or their alleged familiarity with Boston Scientific’s systems and technologies, and on that
`
`basis denies those allegations. Nevro denies any remaining allegations in this paragraph.
`
`33.
`
`34.
`
`35.
`
`Denied.
`
`Denied.
`
`Denied.
`
`COUNT I: U.S. PATENT NO. 7,496,404
`
`36.
`
`Nevro incorporates by reference each of its answers to Paragraphs 1-35
`
`above as if fully set forth herein.
`
`37.
`
`Nevro admits that the ’404 patent is titled “Rechargeable Spinal Cord
`
`Stimulator System,” and identifies February 24, 2009, as the patent issue date on its face. Nevro
`
`admits that Exhibit 2 appears to be a copy of the ’404 patent. Nevro denies that the ’404 patent
`
`is valid and enforceable and denies any remaining allegations in this paragraph.
`
`38.
`
`Nevro admits that the ’404 patent identifies BSNC as the patent assignee
`
`on its face. Nevro lacks sufficient knowledge or information to admit or deny the remaining
`
`allegations in this paragraph, and on that basis denies those allegations.
`
`39.
`
`Nevro admits that the claims of the ’404 patent include the elements
`
`recited in each respective claim. Nevro denies any remaining allegations in this paragraph.
`
`40.
`
`41.
`
`42.
`
`43.
`
`44.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`8
`
`

`

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`45.
`
`46.
`
`47.
`
`48.
`
`49.
`
`50.
`
`51.
`
`52.
`
`53.
`
`54.
`
`55.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Nevro admits that it provides physician and patient manuals on and
`
`marketing materials and video regarding the Senza® Systems and that Nevro field
`
`representatives are present in the operating room when a Senza® System is implanted. Nevro
`
`denies any remaining allegations in this paragraph.
`
`56.
`
`Nevro admits that the Senza® Systems are exported from the United
`
`States to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`57.
`
`Nevro admits that it sells the Senza® Systems to health care providers.
`
`Nevro denies any remaining allegations in this paragraph.
`
`58.
`
`Nevro admits that the Senza® Systems are exported from the United
`
`States to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`59.
`
`Denied.
`
`COUNT II: U.S. PATENT NO. 8,682,447
`
`60.
`
`Nevro incorporates by reference each of its answers to Paragraphs 1-59
`
`above as if fully set forth herein.
`
`9
`
`

`

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`61.
`
`Nevro admits that the ’447 patent is titled “Apparatus and Method for
`
`Determining the Relative Position and Orientation of Neurostimulation Leads,” and identifies
`
`March 25, 2014, as the patent issue date on its face. Nevro admits that Exhibit 3 appears to be a
`
`copy of the ’447 patent. Nevro denies that the ’447 patent is valid and enforceable and denies
`
`any remaining allegations in this paragraph.
`
`62.
`
`Nevro admits that the ’447 patent identifies BSNC as the patent assignee
`
`on its face. Nevro lacks sufficient knowledge or information to admit or deny the remaining
`
`allegations in this paragraph, and on that basis denies those allegations.
`
`63.
`
`Nevro admits that the claims of the ’447 patent include the elements
`
`recited in each respective claim. Nevro denies any remaining allegations in this paragraph.
`
`64.
`
`65.
`
`66.
`
`67.
`
`68.
`
`69.
`
`70.
`
`71.
`
`72.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Nevro admits that it provides physician and patient manuals on and
`
`marketing materials and video regarding the Senza® Systems and that Nevro field
`
`representatives are present in the operating room when a Senza® System is implanted. Nevro
`
`denies any remaining allegations in this paragraph.
`
`10
`
`

`

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`73.
`
`Nevro admits that the Senza® Systems are exported from the United
`
`States to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`74.
`
`Nevro admits that it sells the Senza® Systems to health care providers.
`
`Nevro denies any remaining allegations in this paragraph.
`
`75.
`
`Nevro admits that the Senza® Systems are exported from the United
`
`States to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`76.
`
`Denied.
`
`COUNT III: U.S. PATENT NO. 6,993,384
`
`77.
`
`Nevro incorporates by reference each of its answers to Paragraphs 1-76
`
`above as if fully set forth herein.
`
`78.
`
`Nevro admits that the ’384 patent is titled “Apparatus and Method for
`
`Determining the Relative Position and Orientation of Neurostimulation Leads,” and identifies
`
`January 31, 2006, as the patent issue date on its face. Nevro admits that Exhibit 4 appears to be a
`
`copy of the ’384 patent. Nevro denies that the ’384 patent is valid and enforceable and denies
`
`any remaining allegations in this paragraph.
`
`79.
`
`Nevro lacks sufficient knowledge or information to admit or deny the
`
`allegations in this paragraph, and on that basis denies those allegations.
`
`80.
`
`Nevro admits that the claims of the ’384 patent include the elements
`
`recited in each respective claim. Nevro denies any remaining allegations in this paragraph.
`
`81.
`
`82.
`
`83.
`
`84.
`
`85.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`11
`
`

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`Case 1:16-cv-01163-CFC-CJB Document 907 Filed 05/03/22 Page 12 of 87 PageID #: 41819
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`86.
`
`87.
`
`Denied.
`
`Nevro admits that it provides physician and patient manuals on and
`
`marketing materials and video regarding the Senza® Systems and that Nevro field
`
`representatives are present in the operating room when a Senza® System is implanted. Nevro
`
`denies any remaining allegations in this paragraph.
`
`88.
`
`Nevro admits that the Senza® Systems are exported from the United
`
`States to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`89.
`
`Nevro admits that it sells the Senza® Systems to health care providers.
`
`Nevro denies any remaining allegations in this paragraph.
`
`90.
`
`Nevro admits that the Senza® Systems are exported from the United
`
`States to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`91.
`
`Denied.
`
`COUNT IV: U.S. PATENT NO. 7,853,330
`
`92.
`
`Nevro incorporates by reference each of its answers to Paragraphs 1-91
`
`above as if fully set forth herein.
`
`93.
`
`Nevro admits that the ’330 patent is titled “Apparatus and Method for
`
`Determining the Relative Position and Orientation of Neurostimulation Leads,” and identifies
`
`December 14, 2010, as the patent issue date on its face. Nevro admits that Exhibit 5 appears to
`
`be a copy of the ’330 patent. Nevro denies that the ’330 patent is valid and enforceable and
`
`denies any remaining allegations in this paragraph.
`
`94.
`
`Nevro admits that the ’330 patent identifies BSNC as the patent assignee
`
`on its face. Nevro lacks sufficient knowledge or information to admit or deny the remaining
`
`allegations in this paragraph, and on that basis denies those allegations.
`
`12
`
`

`

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`95.
`
`Nevro admits that the claims of the ’330 patent include the elements
`
`recited in each respective claim. Nevro denies any remaining allegations in this paragraph.
`
`96.
`
`97.
`
`98.
`
`99.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`100. Denied.
`
`101. Denied.
`
`102. Denied.
`
`103. Denied.
`
`104. Nevro admits that it provides physician and patient manuals on and
`
`marketing materials and video regarding the Senza® Systems and that Nevro field
`
`representatives are present in the operating room when a Senza® System is implanted. Nevro
`
`denies any remaining allegations in this paragraph.
`
`105. Nevro admits that it sells the Senza® Systems to health care providers.
`
`Nevro denies any remaining allegations in this paragraph.
`
`106. Denied.
`
`COUNT V: U.S. PATENT NO. 7,822,480
`
`107. Nevro incorporates by reference each of its answers to Paragraphs 1-106
`
`above as if fully set forth herein.
`
`108. Nevro admits that the ’480 patent is titled “Systems and Methods for
`
`Communicating with an Implantable Stimulator,” and identifies October 26, 2010, as the patent
`
`issue date on its face. Nevro admits that Exhibit 6 appears to be a copy of the ’480 patent.
`
`13
`
`

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`Nevro denies that the ’480 patent is valid and enforceable and denies any remaining allegations
`
`in this paragraph.
`
`109. Nevro admits that the ’480 patent identifies BSNC as the patent assignee
`
`on its face. Nevro lacks sufficient knowledge or information to admit or deny the remaining
`
`allegations in this paragraph, and on that basis denies those allegations.
`
`110. Nevro admits that the claims of the ’480 patent include the elements
`
`recited in each respective claim. Nevro denies any remaining allegations in this paragraph.
`
`111. Denied.
`
`112. Denied.
`
`113. Denied.
`
`114. Denied.
`
`115. Denied.
`
`116. Denied.
`
`117. Denied.
`
`118. Denied.
`
`119. Denied.
`
`120. Denied.
`
`121. Denied.
`
`122. Denied.
`
`123. Denied.
`
`124. Nevro admits that it provides physician and patient manuals on and
`
`marketing materials and video regarding the Senza® Systems and that Nevro field
`
`14
`
`

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`representatives are present in the operating room when a Senza® System is implanted. Nevro
`
`denies any remaining allegations in this paragraph.
`
`125. Nevro admits that the Senza® Systems are exported from the United
`
`States to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`126. Nevro admits that it sells the Senza® Systems to health care providers.
`
`Nevro denies any remaining allegations in this paragraph.
`
`127. Nevro admits that the Senza® Systems are exported from the United
`
`States to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`128. Denied.
`
`COUNT VI: U.S. PATENT NO. 6,381,496
`
`129. Nevro incorporates by reference each of its answers to Paragraphs 1-128
`
`above as if fully set forth herein.
`
`130. Nevro admits that the ’496 patent is titled “Parameter Context Switching
`
`for an Implanted Device,” and identifies April 30, 2002, as the patent issue date on its face.
`
`Nevro admits that Exhibit 7 appears to be a copy of the ’496 patent. Nevro denies that the ’496
`
`patent is valid and enforceable and denies any remaining allegations in this paragraph.
`
`131. Nevro lacks sufficient knowledge or information to admit or deny the
`
`allegations in this paragraph, and on that basis denies those allegations.
`
`132. Nevro admits that the claims of the ’496 patent include the elements
`
`recited in each respective claim. Nevro denies any remaining allegations in this paragraph.
`
`133. Denied.
`
`134. Denied.
`
`135. Denied.
`
`136. Denied.
`
`15
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`Case 1:16-cv-01163-CFC-CJB Document 907 Filed 05/03/22 Page 16 of 87 PageID #: 41823
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`137. Denied.
`
`138. Denied.
`
`139. Denied.
`
`140. Denied.
`
`141. Denied.
`
`142. Nevro admits that it provides physician and patient manuals on and
`
`marketing materials and video regarding the Senza® Systems and that Nevro field
`
`representatives are present in the operating room when a Senza® System is implanted. Nevro
`
`denies any remaining allegations in this paragraph.
`
`143. Nevro admits that the Senza® Systems are exported from the United
`
`States to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`144. Nevro admits that it sells the Senza® Systems to health care providers.
`
`Nevro denies any remaining allegations in this paragraph.
`
`145. Nevro admits that the Senza® Systems are exported from the United
`
`States to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`146. Denied.
`
`COUNT VII: U.S. PATENT NO. 7,177,690
`
`147. Nevro incorporates by reference each of its answers to Paragraphs 1-146
`
`above as if fully set forth herein.
`
`148. Nevro admits that the ’690 patent is titled “Implantable System Having
`
`Rechargeable Battery Indicator,” and identifies February 13, 2007, as the patent issue date on its
`
`face. Nevro admits that Exhibit 8 appears to be a copy of the ’690 patent. Nevro denies that the
`
`’690 patent is valid and enforceable and denies any remaining allegations in this paragraph.
`
`16
`
`

`

`Case 1:16-cv-01163-CFC-CJB Document 907 Filed 05/03/22 Page 17 of 87 PageID #: 41824
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`149. Nevro lacks sufficient knowledge or information to admit or deny the
`
`allegations in this paragraph, and on that basis denies those allegations.
`
`150. Nevro admits that the claims of the ’690 patent include the elements
`
`recited in each respective claim. Nevro denies any remaining allegations in this paragraph.
`
`151. Denied.
`
`152. Nevro admits that the Senza® Systems are spinal cord stimulation systems
`
`comprising a rechargeable IPG, a patient remote, programmer, and a charger. Nevro denies any
`
`remaining allegations in this paragraph.
`
`153. Denied.
`
`154. Denied.
`
`155. Denied.
`
`156. Denied.
`
`157. Denied.
`
`158. Denied.
`
`159. Denied.
`
`160. Denied.
`
`161. Nevro admits that it provides physician and patient manuals on and
`
`marketing materials and video regarding the Senza® Systems and that Nevro field
`
`representatives are present in the operating room when a Senza® System is implanted. Nevro
`
`denies any remaining allegations in this paragraph.
`
`162. Nevro admits that the Senza® Systems are exported from the United
`
`States to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`17
`
`

`

`Case 1:16-cv-01163-CFC-CJB Document 907 Filed 05/03/22 Page 18 of 87 PageID #: 41825
`
`163. Nevro admits that it sells the Senza® Systems to health care providers.
`
`Nevro denies any remaining allegations in this paragraph.
`
`164. Nevro admits that the Senza® Systems are exported from the United States
`
`to Europe and Australia. Nevro denies any remaining allegations in this paragraph.
`
`165. Denied.
`
`COUNT VIII: U.S. PATENT NO. 9,162,071
`
`166. Nevro incorporates by reference each of its answers to Paragraphs 1-165
`
`above as if fully set forth herein.
`
`167. Nevro admits that the ’071 patent is titled “Method for Controlling
`
`Telemetry in an Implantable Medical Device Based on Power Source Capacity,” and identifies
`
`October 20, 2015, as the patent issue date on its face. Nevro admits that Exhibit 9 appears to be
`
`a copy of the ’071 patent. Nevro denies that the ’071 patent is valid and enforceable and denies
`
`any remaining allegations in this paragraph.
`
`168. Nevro admits that the ’071 patent identifies BSNC as the patent assignee
`
`on its face. Nevro lacks sufficient knowledge or information to admit or deny the remaining
`
`allegations in this paragraph, and on that basis denies those allegations.
`
`169. Nevro admits that the claims of the ’071 patent include the elements
`
`recited in each respective claim. Nevro denies any remaining allegations in this paragraph.
`
`170. Denied.
`
`171. Denied.
`
`172. Denied.
`
`173. Denied.
`
`174. Denied.
`
`175. Denied.
`
`18
`
`

`

`Case 1:16-cv-01163-CFC-CJB Document 907 Filed 05/03/22 Page 19 of 87 PageID #: 41826
`
`176. Denied.
`
`177. Denied.
`
`178. Denied.
`
`179. Nevro admits that it provides physician and patient manuals on and
`
`marketing materials and video regarding the Senza® Systems and that Nevro field
`
`representatives are present in the operating room when a Senza® System is implanted. Nevro
`
`denies any remaining allegations in this paragraph.
`
`180. Nevro admits that it sells the Senza® Systems to health care providers.
`
`Nevro denies any remaining allegations in this paragraph.
`
`181. Denied.
`
`COUNT IX: TRADE SECRETS AND THE CALIFORNIA UNIFORM TRADE
`SECRETS ACT, CAL. CIV. CODE §§ 3426-3426.11
`
`182. Nevro incorporates its responses to Paragraphs 1-181 above as if fully set
`
`forth herein.
`
`183. Denied.
`
`184. Admitted.
`
`185. Denied.
`
`186. Nevro admits that Nevro hired Mr. Caparso on or around April 16, 2007.
`
`Nevro lacks sufficient knowledge or information to admit or deny the remaining allegations in
`
`this paragraph, and on that basis denies those allegations.
`
`187. Admitted.
`
`188. Nevro admits that Nevro hired Mr. Makous on or around September 11,
`
`2007, and that Mr. Makous signed an agreement with NBI Development Inc. prior to that date.
`
`19
`
`

`

`Case 1:16-cv-01163-CFC-CJB Document 907 Filed 05/03/22 Page 20 of 87 PageID #: 41827
`
`Nevro lacks sufficient knowledge or information to admit or deny the remaining allegations in
`
`this paragraph, and on that basis denies those allegations.
`
`189. Nevro admits that Nevro hired Ms. Duong on or around March 1, 2008,
`
`and that Mr. Alataris was aware of that hiring. Nevro lacks sufficient knowledge or information
`
`to admit or deny the remaining allegations in this paragraph, and on that basis denies those
`
`allegations.
`
`190. Nevro admits that Mr. Caparso, Mr. Makous, and Ms. Duong were
`
`employed at Nevro by March 2008, at which time Nevro had approximately 12 employees.
`
`191. Nevro admits that Nevro hired Mr. Marco on or around February 23,
`
`2009. Nevro lacks sufficient knowledge or information to admit or deny the remaining
`
`allegations in this paragraph, and on that basis denies those allegations.
`
`192. Nevro admits that it offered Mr. Thacker a fulltime employment position
`
`in December 2008 and that Mr. Thacker began working at Nevro in January 2009. Nevro denies
`
`the remaining allegations in this paragraph.
`
`193. Nevro admits that Nevro hired Mr. Park on or around February 23, 2009
`
`to work in product marketing. Nevro lacks sufficient knowledge or information to admit or deny
`
`the remaining allegations in this paragraph, and on that basis denies those allegations.
`
`194. Nevro admits that Nevro hired Mr. Sharma on or around April 1, 2009 as a
`
`Senior Design Engineer. Nevro lacks sufficient knowledge or information to admit or deny the
`
`remaining allegations in this paragraph, and on that basis denies those allegations.
`
`195. Nevro admits that Nevro hired Mr. Joo on or around July 22, 2009 to work
`
`in product marketing. Nevro lacks sufficient knowledge or information to admit or deny the
`
`remaining allegations in this paragraph, and on that basis denies those allegations.
`
`20
`
`

`

`Case 1:16-cv-01163-CFC-CJB Document 907 Filed 05/03/22 Page 21 of 87 PageID #: 41828
`
`196. Nevro admits that Nevro hired Mr. Bradley on or around August 12, 2013,
`
`to work in product marketing. Nevro lacks sufficient knowledge or information to admit or deny
`
`the remaining allegations in this paragraph, and on that basis denies those allegations
`
`197. Nevro admits that the persons identified in this paragraph were employed
`
`or retained by Nevro at some point in various capacities. Nevro lacks sufficient knowledge or
`
`information to admit or deny the allegations concerning these individuals’ employment before
`
`Nevro, and on that basis denies those allegations. Nevro denies any remaining allegations in this
`
`paragraph.
`
`198. Denied.
`
`199. Denied.
`
`200. Denied.
`
`201. Denied.
`
`202. Denied.
`
`2