Boston Scientific Corporation and Boston Scientific Medical Device Limited, which the complaint describes as an Irish company wholly owned by Boston Scientific Corporation, sued Atraverse Medical, Inc. in the District of Delaware on October 7, 2026. The case is Boston Scientific Corp. v. Atraverse Medical, Inc., No. 1:26-cv-01294. Its single count alleges, on information and belief, that Atraverse, a Delaware corporation based in Cardiff-by-the-Sea, California, has directly infringed, and has induced others such as physicians to infringe, at least claims 1 and 22 of U.S. Patent No. 12,733,955, "Methods and Devices for Puncturing Tissue," which issued September 15, 2026 (Compl. paras. 1-3, 6, 10, 16-17).
The accused product is HOTWIRE. The complaint quotes Atraverse's FDA 510(k) filing, which describes it as "a sterile, single-use guidewire device that delivers radiofrequency (RF) power in a monopolar mode to a distal electrode segment for the creation of an atrial septal defect in the heart," and alleges that Atraverse has sold it since receiving 510(k) clearance in May 2024 (paras. 12-13).
What claims 1 and 22 recite
Claim 1 recites a method for treating a medical condition on the left side of a patient's heart using a multi-function guidewire to reduce the number of exchanges required to perform a procedure. The guidewire has a proximal section, a distal section, and a rail section between them, with at least the proximal section inside a first tubular member. The steps are advancing the guidewire into the patient's vasculature; providing access to the heart by manipulating the distal section toward the right side of the heart when the distal section is not inside the first tubular member; positioning an end portion of the distal section substantially adjacent the septum; creating a puncture in the septum using an electrode at that end portion; advancing the guidewire through the puncture into the left side of the heart; and advancing the first tubular member over the guidewire into the left side.
Claim 22 recites a system built around the same three-section guidewire. The guidewire is configured to allow a first sheath to be advanced over it, to be positioned at the right side of the heart independently of the first sheath, and to place its end portion substantially adjacent the septum. It is electrically conductive to allow energy to be applied to create a puncture in the septum, and it is configured to permit the first sheath to be advanced over it into the left side of the heart.
How the patent family grew during the first case
The face of the '955 patent shows an application filed October 17, 2025 as a continuation of Application No. 19/270,234, filed July 15, 2025 and now U.S. Patent No. 12,599,406. The complaint says the '955 patent claims priority through a chain of continuation applications to U.S. Patent No. 10,368,911 (para. 18). Under 35 U.S.C. 120, a later application can claim the benefit of an earlier application's filing date if, among other requirements, it is filed before the earlier application is patented or abandoned. Among the other publications cited on the patent's face is Atraverse's November 10, 2025 answer and counterclaims in the earlier case.
That earlier case is No. 1:25-cv-01035 in the same court. According to the new complaint, Boston Scientific filed it on August 18, 2025, asserting U.S. Patent No. 11,998,238, which the complaint calls the "great-great-grandparent" of the '955 patent. A third amended complaint in that case asserts five patents from the family: the '238 patent and U.S. Patent Nos. 12,433,639, 12,599,406, 12,636,040, and 12,653,576 (para. 18).
The notice the complaint describes
The complaint lists the steps Boston Scientific says it took to tell Atraverse about the family as it grew. On August 20, 2025, two days after the first suit, it sent Atraverse's chief executive a cease and desist letter on the '238 patent saying that HOTWIRE "will also infringe Boston Scientific's forthcoming patent based on the currently allowed claims of the '196 application." That application later issued as the '639 patent, which the complaint calls the '955 patent's grandparent. At a January 12, 2026 scheduling conference in the earlier case, Boston Scientific said it anticipated asserting additional patents that could issue from pending applications in the family. On September 17, 2026, two days after the '955 patent issued, its counsel sent Atraverse's counsel a copy (paras. 18-19). The complaint also alleges that Atraverse cited the '911 patent during prosecution of its own U.S. Patent No. 12,343,074 in March 2024 (para. 18).
What Boston Scientific asks for
The complaint alleges willful infringement, asserting that since at least September 15, 2026, the issue date, Atraverse has been aware of an objectively high likelihood that its actions infringe (para. 20). The prayer seeks a judgment of direct and indirect infringement; a preliminary and permanent injunction; damages of at least a reasonable royalty, and lost profits on HOTWIRE sales, under 35 U.S.C. 284; a willfulness finding and enhanced damages; an exceptional-case finding under 35 U.S.C. 285 and attorney fees; and an accounting. This post is based on the complaint and the issued patent; the Exhibit B claim chart was not reviewed.
For the litigation-side analysis, see the write-up at our sister site, Patent Litigator.