1 unchanged sentence
time to time, the Company may be involved in litigation relating to claims arising out of operations in the normal course of business.
−Removed: As of April 16, 2024, other than those described below, there were no pending or threatened legal proceedings that could reasonably
+Added: As of the date of issuance, other than those described below, there were no pending or threatened legal proceedings that could reasonably
be expected to have a material effect on the results of the Company’s operations.
10 unchanged sentences
of the case as a class action.
−Removed: The Complaint states that the Company, distributors of the Company’s product, and medical billing
+Added: The Complaint stated that the Company, distributors of the Company’s product, and medical billing
and coding consultants allegedly made misrepresentations to the plaintiffs that the Company’s NeuroStim device and related procedures
6 unchanged sentences
July 14, 2022, plaintiffs Ritu Bhambhani and Sudhir Rao filed a notice of appeal with the Fourth Circuit Court of Appeals.
−Removed: filed a motion to dismiss.
−Removed: On January 4, 2023, the Court issued an order that stated it was deferring a ruling on the motion to
−Removed: dismiss the appeal and that it would address those arguments at the same time that it addressed the substantive merits of the case.
−Removed: While it is too early to predict the ultimate
−Removed: outcome of this matter, we continue to believe we have meritorious defenses, that the dismissal of the Complaint should be upheld, and
−Removed: intend to continue to defend this matter vigorously.
−Removed: July 14, 2022, plaintiffs Ritu Bhambhani, LLC;
+Added: 2024, the Fourth Circuit denied the plaintiff’s appeal and entered judgment against the plaintiffs.
+Added: On June 25, 2024, the Fourth
+Added: Circuit entered its mandate declaring that its judgment against the plaintiffs took effect that day.
+Added: The plaintiffs did not seek any
+Added: further review or appeal of that judgment.
+Added: on July 14, 2022, plaintiffs Ritu Bhambhani, LLC;
Box Hill Surgery Center, LLC;
12 unchanged sentences
September 28, 2022, the Company filed a motion to dismiss all claims.
−Removed: On May 25, 2023, the Court issued an Order and a Memorandum
−Removed: Opinion which dismissed the plaintiffs’claims related to the RICO Act.
−Removed: The remaining claims are still pending, and no trial date
−Removed: has been set for the case.
−Removed: The Court has vacated its Scheduling Order
−Removed: at the parties’ request so that the parties could try to resolve the disputes in both cases through an independent third-party
−Removed: No mediation date has been set.
−Removed: While it is too early to predict the ultimate outcome of this matter, we believe the Company has meritorious
−Removed: defenses and intends to defend this matter vigorously.
+Added: On May 25, 2023, the Court issued an Order and a Memorandum Opinion
+Added: which dismissed the plaintiffs’ claims related to the RICO Act.
+Added: The remaining claims are still pending, and no trial date has been
+Added: set for the case.
+Added: The Court has vacated its Scheduling Order at the parties’ request so that the parties could try to resolve
+Added: the disputes in both cases through an independent third-party mediator.
+Added: Mediation has not yet resulted in a resolution of the case.
+Added: In January 2024, Dr.
+Added: Arturo Taca served notice to the Company that asserted
+Added: an interest in its U.S.
+Added: 10,413,719 valued at $2,000,000 based on his own work in neurostimulation.
+Added: The Company denied
+Added: both the neurostimulation patent and compensation claims.
+Added: The case remains unresolved.
+Added: While it is too early to predict
+Added: the ultimate outcome of these matters, we believe the Company has meritorious defenses and intends to defend these matters vigorously.
MINE SAFETY DISCLOSURES
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.