By Memorandum Opinion entered by The Honorable Colm F. Connolly in Boston Scientific Corp. et al. v. Nevro Corp., Civil Action No. 18-0644-CFC (D.Del. November 25, 2019), the Court granted Defendant’s Motion to Dismiss with respect to Plaintiffs’ claims for direct infringement under 35 U.S.C. § 271(a) in Counts I through VII and IX of the Complaint. The Court also granted Defendant’s Motion to Dismiss with respect to the claims for induced and contributory infringement and the claims for enhanced damages in nine counts.

In granting Defendant’s Motion to Dismiss the claims for direct infringement in Counts I through VII and IX of the Complaint, the Court found that the allegations in those counts of Plaintiffs’ Complaint fell short of the Iqbal/Twombly pleading standard because they failed to show how the accused products plausibly read on the asserted claim elements. Id. at *5-9. Although Plaintiffs attempted to attach 144 pages of exhibits to their Complaint to show the basis for their infringement claims, the Court found that they made no attempt to connect specific components of the accused systems to elements of the asserted claims. Id. at *8. The court noted that “[a] defendant should not be required to comb through 144 pages of exhibits to understand the bases of a plaintiff’s claims, and a court should not have to parse 144 pages of exhibits to determine if they state facts sufficient to demonstrate a plaintiff’s entitlement to relief. Id. at *9.

A copy of the Memorandum Opinion is attached.