“Most egregiously, Boston Scientific has requested that the court seal parts of an email that could constitute evidence that Boston Scientific intended to copy Nevro’s technologies (as well as the technologies of other companies),” Chhabria wrote, citing an email from R&D VP Rafael Carbunaru in which he wrote that another employee thought Boston Scientific’s “clinical research is short term focused (marketing and sales claims), or essentially me-too approaches (DBS), but not innovative in nature.” “That is why we will need to copy or acquire approaches developed by others (Nevro, Spinal Modulation, Neurosigma, etc),” Carbunaru wrote, according to the judge. Literally gold.
