Untitled case

This Inter Partes Review (IPR) case, IPR2025-01127, involves Neurent Medical Ltd. as the patent owner and Aerin Medical Inc. as the petitioner. Neurent Medical Ltd. is an Irish medical technology company focused on developing minimally invasive, non-surgical interventions for chronic inflammatory sino-nasal diseases, with its primary product being the NEUROMARK® system. The NEUROMARK® system utilizes low-power radiofrequency energy to disrupt overactive posterior nasal nerves, providing relief for chronic rhinitis symptoms such as congestion and drainage. Aerin Medical Inc. is a competitor in the medical device space, also developing devices for treating nasal airways, and is the party challenging the patentability of Neurent Medical's patent claims. The underlying dispute stems from a patent infringement lawsuit, Neurent Medical Ltd. v. Aerin Medical Inc., C.A. No. 24-1070-JLH (D. Del.), where Neurent has accused Aerin of infringing its patents, including the '974 patent, likely with Aerin's competing nasal treatment devices.

The patent at issue in this IPR is US Patent 12096974. This patent is titled "Neuromodulation Device for Treating Rhinitis," and generally pertains to devices and methods for treating rhinitis, congestion, and rhinorrhea. It involves advancing a multi-electrode end effector into a patient's sino-nasal cavity to deliver radiofrequency (RF) energy to target sites, thereby disrupting neural signals to reduce mucus production and mucosal engorgement. The procedural posture of this case is before the Patent Trial and Appeal Board (PTAB), where the status is "Not Instituted - Procedural." This means the PTAB opted not to initiate a full IPR trial on the merits of the patentability challenge, typically due to a procedural deficiency, a statutory bar, or a discretionary denial based on factors like parallel district court litigation or "settled expectations." A decision not to institute is generally a significant win for the patent owner, Neurent Medical, as it preserves the patent claims from being challenged in this administrative forum.

This case is notable due to its direct linkage to ongoing patent infringement litigation in the District of Delaware, where Neurent Medical is asserting multiple patents, including the '974 patent, against Aerin Medical. The PTAB's "Not Instituted - Procedural" decision for IPR2025-01127 suggests that the Board found a compelling reason to decline review without reaching the merits of the patentability arguments presented by Aerin. This outcome is crucial for Neurent Medical, allowing it to continue asserting the '974 patent in district court without the immediate threat of its invalidation at the PTAB. The medical device industry, particularly in the ENT space, closely watches such decisions as they impact the competitive landscape for non-surgical chronic rhinitis treatments.

This case involves a patent infringement litigation in the District of Delaware and related Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). Neurent Medical Ltd. is the patent owner of U.S. Patent No. 12,096,974, which was challenged in IPR2025-01127.

Key Legal Developments and Outcome:

District Court Litigation - Filing & Initial Pleadings:

• Prior to October 2, 2023: Aerin Medical Inc. and The Foundry, LLC initiated a patent infringement lawsuit against Neurent Medical Inc. and Neurent Medical Ltd. in the District of Delaware, case number 1:23-cv-00756.
• 2023-10-02: Neurent Medical Inc. and Neurent Medical Ltd. filed a motion to dismiss for failure to state a claim in Case 1:23-cv-00756.
• 2024-09-24: Neurent Medical Ltd. filed a separate patent infringement complaint against Aerin Medical Inc., Case No. 24-1070-JLH, in the District of Delaware. Neurent alleged infringement of U.S. Patent Nos. 12,096,973, 12,096,974, and 12,098,889 (collectively, "Neurent Patents").
• 2024-11-15: Aerin Medical Inc. moved to dismiss Neurent's complaint (C.A. No. 24-1070-JLH) under Rule 12(b)(6).

Pre-trial Motions of Substance:

• 2024-08-08: The District Court entered a stipulation staying the initial action (C.A. No. 23-00756) in its entirety, including the claims in the Amended Complaint (related to Aerin/Foundry Patents) and Neurent's defenses and Amended Counterclaims, until the Patent Trial and Appeal Board issued Final Written Decisions in the Inter Partes Review Proceedings related to the Aerin/Foundry Patents.
• 2025-03-18: The District Court entered a Stipulation and Order to Consolidate C.A. No. 24-1070-JLH with C.A. No. 23-00756. Concurrently, an Order Regarding Interim Scheduling Concerning the Neurent Patents-in-Suit was issued, which maintained the stay on the claims related to the Aerin/Foundry Patents but provided interim dates for discovery on the Neurent Patents.
• 2025-09-12: Aerin's motion to dismiss Neurent's claims in C.A. No. 24-1070-JLH was still pending.

Claim Construction (Markman) Outcomes:

• As of the current date, no specific Markman outcomes for U.S. Patent No. 12,096,974 in the district court litigation have been publicly detailed.

Discovery Milestones:

• Post-2025-03-18: Interim dates for discovery on the Neurent Patents were established after the consolidation and partial lifting of the stay.

Trial Events, Verdict, and Post-trial Motions:

• The litigation is still in its pre-trial phase; no trial, verdict, or post-trial motions have occurred.

Settlement, Dismissal, Judgment, or Appeal:

• The district court litigation remains active and partially stayed.

Parallel PTAB IPR/PGR Proceedings on the Asserted Patents and their Effect on the Litigation:

• Neurent's IPR Challenges to Aerin/Foundry Patents:

  • 2024-01-18: Neurent Medical Inc. filed IPR2024-00277 challenging U.S. Patent No. 11,241,271 (an Aerin/Foundry patent).
  • 2024-07-22: The PTAB instituted IPR2024-00277. This institution was a factor in the district court's decision to stay the initial litigation.
  • 2025-07-11: The PTAB issued a Final Written Decision in IPR2024-00277, finding claims unpatentable.
  • The decision in IPR2024-00277 was subsequently appealed to the Federal Circuit (Appeal 25-2099).

• Aerin's IPR Challenges to Neurent Patents (including IPR2025-01127 for U.S. Patent No. 12,096,974):

  • 2025-06-25: Aerin Medical Inc. filed IPR2025-01126 challenging Neurent's U.S. Patent No. 12,096,973.
  • 2025-06-27: Aerin Medical Inc. filed IPR2025-01127 challenging Neurent's U.S. Patent No. 12,096,974.
  • 2025-11-20: The PTAB issued a "Discretionary Denial" of institution for IPR2025-01127. This outcome aligns with the "Not Instituted - Procedural" status for the IPR and reflects a broader trend in 2025 where PTAB institution decisions increasingly involved discretionary factors, sometimes leading to denials without reaching the merits of the patentability arguments.

Aerin Medical Inc., the petitioner in IPR2025-01127, is represented by attorneys from Greenberg Traurig LLP.

The following attorneys are listed as counsel for Aerin Medical Inc.:

• Heath Briggs (Lead Counsel)

  • Firm: Greenberg Traurig LLP
  • Office Location: While not explicitly stated for this case, Greenberg Traurig has numerous offices. Briggs is likely based in one of their patent-focused offices.
  • Relevant Experience: Heath Briggs is noted as having an "L5" rating (likely signifying a high level of experience) and an "A" rating for quality in PTAB proceedings. He is also listed as counsel for Aerin Medical Inc. in other related IPRs, such as IPR2024-00277, where Aerin was the patent owner.

• Trenton A. Ward (Counsel)

  • Firm: Greenberg Traurig LLP
  • Office Location: Not explicitly stated.
  • Relevant Experience: Ward has an "L5" rating and an "E" rating for quality in PTAB proceedings. He is also listed as counsel for Aerin Medical Inc. in IPR2024-00277.

• Elana Araj (Counsel)

  • Firm: Greenberg Traurig LLP
  • Office Location: Not explicitly stated.
  • Relevant Experience: Araj holds an "L4" rating and a "B" rating for quality in PTAB proceedings. She is also listed as counsel for Aerin Medical Inc. in IPR2024-00277.

• Benjamin P. Gilford (Counsel)

  • Firm: Greenberg Traurig LLP
  • Office Location: Not explicitly stated.
  • Relevant Experience: Gilford has an "L3" rating and a "C" rating (or "B" in IPR2025-01126) for quality in PTAB proceedings. He is also listed as counsel for Aerin Medical Inc. in IPR2024-00277.

• Emma F. Cohen (Counsel)

  • Firm: Greenberg Traurig LLP
  • Office Location: Not explicitly stated.
  • Relevant Experience: Cohen is listed as counsel for Aerin Medical Inc. in this IPR.

Greenberg Traurig LLP is generally recognized as a firm with a significant patent litigation practice, including before the PTAB.

Neurent Medical Ltd. is represented by Wilmer Cutler Pickering Hale and Dorr LLP in IPR2025-01127.

The following attorneys are listed as counsel for Neurent Medical Ltd.:

• David L. Cavanaugh

  • Role: Likely lead counsel or a senior attorney given his "L5" rating in the search results, typically indicating a high level of experience and leadership in patent litigation.
  • Firm & Office Location: Wilmer Cutler Pickering Hale and Dorr LLP. His profile on the firm's website or in legal directories would specify his primary office, which is typically Boston or Washington D.C. for senior IP partners.
  • Notable Experience: David L. Cavanaugh has been identified as counsel for Neurent Medical Ltd. in related IPR proceedings (e.g., IPR2025-01126) and in patent infringement cases, suggesting significant experience in medical device patent litigation and PTAB proceedings. He also represented Neurent Medical Inc. in a district court patent infringement case against Aerin Medical Inc.

• Alexander Nemtzow

  • Role: Attorney, potentially associate or counsel, with a "L2" rating.
  • Firm & Office Location: Wilmer Cutler Pickering Hale and Dorr LLP. His office location would likely be one of the firm's major IP hubs.
  • Notable Experience: Involved in IPR2025-01127.

• Alexis Cohen

  • Role: Attorney, potentially associate, with a "L1" rating.
  • Firm & Office Location: Wilmer Cutler Pickering Hale and Dorr LLP.
  • Notable Experience: Involved in IPR2025-01127.

• Gilbert Smolenski

  • Role: Attorney.
  • Firm & Office Location: Wilmer Cutler Pickering Hale and Dorr LLP.
  • Notable Experience: Involved in IPR2025-01127.

• Bobby Hampton

  • Role: Attorney.
  • Firm & Office Location: Wilmer Cutler Pickering Hale and Dorr LLP.
  • Notable Experience: Involved in IPR2025-01127.

Information regarding specific office locations for each attorney and detailed one-line notes on their individual patent litigation experience or past cases would require further specific searches for each individual attorney, which is beyond the scope of the initial search results. However, their involvement in this IPR and related cases indicates their focus on patent litigation, particularly within the medical device field.I have identified the attorneys representing Neurent Medical Ltd. and their firm. The next steps are to confirm their roles, find their specific office locations, and gather more detailed information about their patent litigation experience.

Updated plan:
Search for each attorney (David L. Cavanaugh, Alexander Nemtzow, Alexis Cohen, Gilbert Smolenski, and Bobby Hampton) on the Wilmer Cutler Pickering Hale and Dorr LLP website and reputable legal news sites (like Law360, Reuters Legal, or Bloomberg Law) to confirm their roles, primary office locations, and specific patent litigation experience or notable cases.
Compile the collected information for each attorney, specifying their name, confirmed role, firm and office location, and a one-line note on their relevant patent litigation experience.Neurent Medical Ltd. is represented by Wilmer Cutler Pickering Hale and Dorr LLP. Based on the most current available information, the active counsel from WilmerHale representing Neurent Medical Ltd. in IPR2025-01127 are:

• David L. Cavanaugh

  • Role: Partner and Vice Chair, Intellectual Property Department. He has been lead counsel or counsel of record on over 400 IPR proceedings, actively representing both petitioners and patent owners in various technologies including medical devices.
  • Firm & Office Location: Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.
  • Notable Experience: Extensive experience in all aspects of intellectual property practice, including IP litigation, patent procurement, and post-grant proceedings at the USPTO. He was previously a senior patent counsel at Boston Scientific Corporation.

• Alexander Nemtzow

  • Role: Partner.
  • Firm & Office Location: Wilmer Cutler Pickering Hale and Dorr LLP, Boston.
  • Notable Experience: Focuses on intellectual property matters, with an emphasis on patent litigation, post-grant proceedings, and patent counseling across a wide range of technology areas, including medical devices. He previously served as a patent examiner at the USPTO.

• Gilbert Smolenski

  • Role: Senior Associate. He is recognized in Best Lawyers: Ones to Watch® in America 2026 for Litigation - Intellectual Property.
  • Firm & Office Location: Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.
  • Notable Experience: Advises clients on intellectual property issues, including litigation, post-grant proceedings, and patent prosecution. He has co-authored articles on IPR estoppel standards.

Former Counsel (as of 2026-05-20):

• Alexis Cohen

  • Alexis Cohen was previously a Partner at Wilmer Cutler Pickering Hale and Dorr LLP in Washington, D.C. However, in January 2026, she joined Sidley Austin as an Intellectual Property partner in their Washington, D.C. office. Therefore, as of today's date, she is no longer counsel for Neurent Medical Ltd. through WilmerHale. Her experience includes complex intellectual property litigation, particularly in the medical device and life sciences industries, and post-grant proceedings before the PTAB.

• Bobby Hampton

  • Bobby Hampton was previously Counsel and Senior Associate at Wilmer Cutler Pickering Hale and Dorr LLP. However, in October 2025, he transitioned to an in-house role as Assistant IP Counsel at Hologic, Inc. As such, he is no longer representing Neurent Medical Ltd. through WilmerHale. His prior experience included roles as Counsel and Senior Associate at WilmerHale and a Judicial Law Clerk at the Court of Appeals for the Federal Circuit.