Boston Scientific, Stryker to settle spine device patent lawsuit

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Boston Scientific and Stryker have reached an agreement in principle to settle a patent dispute involving technology used in basivertebral nerve ablation procedures for chronic vertebrogenic low back pain, according to new court documents

The two medtech companies notified the U.S. District Court for the District of New Jersey on July 20 that they had reached the agreement after a second round of mediation. The companies asked the court for 30 days to finalize a written settlement agreement. 

A judge administratively terminated the case, giving the companies 60 days to file dismissal papers or request that the case be reopened if the settlement is not reached. If neither occurs, the court will dismiss the case with prejudice and without costs, according to the order. 

Stryker received FDA 510(k) clearance for the OptaBlate BVN Intraosseous Nerve Ablation System in May 2025. Boston Scientific sued in July 2025, alleging the system infringed on patents covering methods for accessing nerves within bone. 

On June 17, 2026, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s denial of Boston Scientific’s request for a preliminary injunction, which would have prevented Stryker from launching the OptaBlate system while the patent case proceeded. 

The terms of the settlement have not been disclosed.

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