Untitled case

This patent infringement litigation, Inspire Medical Systems, Inc. v. Nyxoah, Inc. et al., Case No. 1:25-cv-00667, is an active dispute in the U.S. District Court for the District of Delaware. The plaintiff, Inspire Medical Systems, Inc., is a Minneapolis, Minnesota-based operating company that develops minimally invasive solutions, specifically neurostimulation therapy, for obstructive sleep apnea (OSA).. The defendants, Nyxoah, Inc., a Delaware corporation based in New Jersey, and its Belgian parent company, Nyxoah SA, are also operating companies that develop medical devices for treating OSA.. Inspire alleges that Nyxoah's Genio® sleep-apnea implant device infringes its patents.. The Genio® device consists of an implantable stimulator and an activation chip that attaches to the patient's chin to provide power and control signals for hypoglossal nerve stimulation..

The case asserts U.S. Patent No. 10,898,709, titled "Stimulation for treating sleep disordered breathing," which generally describes a device with a stimulation element to stimulate an airway-patency-related nerve.. Additionally, Inspire has asserted U.S. Patent Nos. 11,806,526 and 11,850,424, both of which are also broadly titled "Stimulation for treating sleep disordered breathing.". The procedural posture of the case is in the District of Delaware, a popular venue for patent litigation, often chosen by operating companies for its experience with complex patent disputes.. While originally before Judge Richard G. Andrews, the case has since been consolidated with a related action (1:25-cv-01147) and reassigned to Judge John Campbell Barker..

This case is notable for several reasons. It represents a direct competition between two operating companies in the medical device space for treating sleep apnea, rather than an assertion by a Non-Practicing Entity (NPE). A significant procedural development was the disqualification of Inspire's original counsel, Latham & Watkins LLP, due to a conflict of interest. Magistrate Judge Eleanor G. Tennyson, in an order that was upheld by Judge Andrews, found that Latham's prior access to Nyxoah's confidential information regarding the Genio® product during underwriting work created an "appearance of impropriety.". Furthermore, Nyxoah has filed three inter partes review (IPR) petitions challenging the validity of the asserted patents before the Patent Trial and Appeal Board (PTAB), a common parallel strategy in patent litigation that could impact the district court proceedings, as the court has indicated it would consider a stay if an IPR is instituted..

The patent infringement litigation case 1:25-cv-00667, titled Inspire Medical Systems, Inc. v. Nyxoah, Inc. et al., was filed in the District of Delaware. The case involves U.S. Patent No. 10,898,709, among others, related to neurostimulation therapy for obstructive sleep apnea (OSA).

Here's a chronological summary of the key legal developments and outcomes:

Filing & Initial Pleadings:

• May 30, 2025: Inspire Medical Systems, Inc. ("Inspire") filed a complaint for patent infringement against Nyxoah, Inc. and Nyxoah SA (collectively "Nyxoah"). The complaint alleges infringement of U.S. Patent Nos. 10,898,709, 11,806,526, and 11,850,424, relating to the Genio sleep-apnea implant device.
• August 25, 2025: Nyxoah filed its Answer to the Complaint, asserting counterclaims seeking declaratory judgments of invalidity for all three asserted Inspire patents.

Pre-trial Motions of Substance:

• November 18, 2025: The court granted Nyxoah's motion to disqualify Latham & Watkins LLP from representing Inspire. The disqualification was based on an appearance of impropriety, as Latham had prior access to Nyxoah's confidential information during underwriting due diligence between 2021-2025. Inspire subsequently filed objections to this disqualification order.
• May 15, 2026: A motion to dismiss for failure to state a claim was filed by Inspire Medical Systems, Inc.
• May 18, 2026: Nyxoah SA and Nyxoah, Inc. filed an answering brief in opposition to Inspire's motion to dismiss. Inspire then filed a reply brief in support of its motion to dismiss on the same day.

Discovery Milestones with Strategic Significance:

• November 4, 2025: An order was signed by Judge Richard G. Andrews regarding a motion for Pro Hac Vice appearance of several attorneys for Inspire Medical Systems, Inc.
• November 18, 2025: The court issued a Memorandum Order regarding discovery responses and objections, setting a deadline for objections related to production requests.

Parallel PTAB IPR/PGR Proceedings:

• December 18, 2025: Nyxoah filed three Inter Partes Review (IPR) petitions challenging the three patents asserted by Inspire in the District of Delaware. Specifically, IPR2026-00090 challenges U.S. Patent No. 10,898,709. The other IPRs are IPR2026-00091 for U.S. Patent No. 11,806,526 and IPR2026-00092 for U.S. Patent No. 11,850,424. Inspire has argued for discretionary denial of these IPR petitions, citing identity of parties and complete overlap of issues with the district court case.

Present Posture:

• March 2, 2026: The court issued an Order Lifting Stay (D.I. 71). Prior to this, all deadlines in the case had been stayed from November 21, 2025, through January 20, 2026, and then further extended pending the court's ruling on Inspire's objections to the disqualification order.
• March 2, 2026: The parties communicated with Judge Andrews regarding proposed revised case schedules, disagreeing on the trial date. Inspire proposed maintaining a December 13-17, 2027 trial date, while Nyxoah proposed a trial around February 22, 2028.
• May 15, 2026: Case No. 1:25-cv-01147 was consolidated with 1:25-cv-00667, with 1:25-cv-00667 designated as the lead case. A joint status report is due within fourteen days after the Rule 26(f) conference, and no later than June 18, 2026.

The case remains active in the District of Delaware, with ongoing motions and discussions about scheduling a trial. The parallel IPR proceedings challenging the asserted patents are also active before the Patent Trial and Appeal Board.

Inspire Medical Systems, Inc. is represented by attorneys from two law firms: Fish & Richardson P.C. and Morris, Nichols, Arsht & Tunnell LLP.

Fish & Richardson P.C.
Fish & Richardson is a prominent intellectual property law firm with a national presence, consistently recognized for its patent litigation practice.

• Frank E. Scherkenbach - Lead Counsel, Principal
  • Firm: Fish & Richardson P.C., Boston, MA, and Silicon Valley, CA.
  • Notable Experience: Recognized as a leading patent trial lawyer specializing in complex, high-technology litigation. He has secured significant jury verdicts and appellate victories in various technology sectors, including medical devices, computer software, and semiconductors. For example, he was lead counsel in a case where a federal judge overturned a $388 million jury verdict against Microsoft.
• Douglas E. McCann - Lead Counsel, Principal
  • Firm: Fish & Richardson P.C., Wilmington, DE.
  • Notable Experience: Leads and tries critical patent cases for major companies, with an emphasis on life sciences and biotech litigation, and experience in medical devices. He has courtroom experience in jury and bench trials across the country and has represented clients in inter partes review proceedings. McCann has also been quoted on the benefits of litigating in the District of Delaware due to the judges' expertise in IP matters.
• Michael J. Kane - Counsel, Principal
  • Firm: Fish & Richardson P.C., Minneapolis, MN.
  • Notable Experience: Focuses his practice on complex patent litigation and post-grant strategy, particularly in pharmaceutical matters (including Hatch-Waxman cases), biotechnology, and medical devices. He led the post-grant strategy that invalidated three patents in the Humira® drug family for a client.

Morris, Nichols, Arsht & Tunnell LLP
Morris Nichols is a premier Delaware law firm with a leading Intellectual Property Litigation practice, particularly well-regarded for patent litigation in the District of Delaware. They frequently serve as local counsel in complex patent litigation.

• Rodger D. Smith II - Local Counsel
  • Firm: Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE.
  • Notable Experience: A partner in Morris Nichols' Intellectual Property Litigation group, which is highly ranked for its patent litigation capabilities in Delaware.
• Anthony D. Raucci - Local Counsel
  • Firm: Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE.
  • Notable Experience: Also a part of Morris Nichols' Intellectual Property Litigation group, involved in numerous patent cases in the District of Delaware.

It is important to note that an earlier docket entry from November 18, 2025, indicates that Latham & Watkins LLP, who was initially representing Inspire, was disqualified as counsel.

Nyxoah, Inc. and Nyxoah SA, the defendants in the patent infringement case Inspire Medical Systems, Inc. v. Nyxoah, Inc. et al. (1:25-cv-00667) in the District of Delaware, are represented by counsel from Duane Morris LLP and Morris, Nichols, Arsht & Tunnell LLP.

Here is a breakdown of the counsel identified:

Lead Counsel (Duane Morris LLP):

• Monte T. Squire - Partner, Duane Morris LLP (Wilmington, DE office).
  • Mr. Squire is noted as counsel for Nyxoah SA and Nyxoah, Inc. in related proceedings, including IPRs at the PTAB. He has also communicated with Judge John Campbell Barker regarding scheduling conferences in the consolidated case.

Local Counsel (Morris, Nichols, Arsht & Tunnell LLP):

• L. Norwood Jameson - Morris, Nichols, Arsht & Tunnell LLP.
• Anthony J. Fitzpatrick - Morris, Nichols, Arsht & Tunnell LLP.
• Diana M. Sangalli - Morris, Nichols, Arsht & Tunnell LLP.
• Poornarchita Dwarakanath - Morris, Nichols, Arsht & Tunnell LLP.

These attorneys were added for electronic noticing in the related case, 1:25-cv-01147, which has been consolidated with the primary infringement action.

It's important to note that while Morris, Nichols, Arsht & Tunnell LLP is listed as "Attorneys for Plaintiff" in a January 2026 joint stipulation, this appears to be an artifact of the consolidated cases where Nyxoah is also a plaintiff in a separate action against Inspire. Duane Morris LLP, specifically Monte T. Squire, is explicitly named as "Attorneys for Defendants" in the same document for the 1:25-cv-00667 case.