Neurent Medical Ltd. v. Aerin Medical Inc.

Neurent Medical Ltd. has filed a patent infringement lawsuit against Aerin Medical Inc. in the U.S. District Court for the District of Delaware. Both companies are operating medical device firms specializing in ear, nose, and throat (ENT) conditions, particularly chronic rhinitis. Neurent Medical, headquartered in Galway, Ireland, develops minimally invasive radiofrequency ablation therapies, with its primary product being the NEUROMARK® system designed to treat chronic rhinitis by disrupting hyperactive posterior nasal nerves. Aerin Medical, based in Mountain View, California, also focuses on non-invasive medical devices for chronic nasal conditions, offering products like VivAer® for nasal airway obstruction and RhinAer® for chronic rhinitis, which utilize temperature-controlled radiofrequency technology.

The alleged infringement targets Aerin Medical's RhinAer Stylus Model FG1393, referred to as the "Next Generation RhinAer Stylus," and the RhinAer Console Model FG226, collectively known as the "Accused RhinAer System." Neurent Medical asserts infringement of U.S. Patent Nos. 12,096,973, 12,096,974, and 12,098,889. U.S. Patent No. 12,096,973, titled "Neuromodulation Device for Treating Rhinitis," generally describes a method for treating rhinitis, congestion, and rhinorrhea by advancing a multi-electrode end effector into a patient's sino-nasal cavity to deliver radiofrequency energy, thereby disrupting neural signals to reduce mucus production and mucosal engorgement. Details regarding the specific technical aspects of U.S. Patent Nos. 12,096,974 and 12,098,889 were not readily available in a one-line technical sketch from the searches.

The case is being heard in the U.S. District Court for the District of Delaware, with Judge Jennifer L. Hall presiding. The District of Delaware is a popular venue for patent litigation, largely because a significant percentage of U.S. corporations are incorporated there, and the court's judges have substantial experience and established practices in handling complex patent cases. A notable aspect of this case is the ongoing parallel inter partes review (IPR) proceedings initiated by Aerin Medical against Neurent Medical's asserted patents, including U.S. Patent No. 12,096,973, before the Patent Trial and Appeal Board (PTAB). These IPRs challenge the patentability of the asserted claims and could significantly impact the district court litigation.

Legal Developments and Outcome:

This patent infringement litigation, Neurent Medical Ltd. v. Aerin Medical Inc. (1:24-cv-01070), commenced in the U.S. District Court for the District of Delaware on September 24, 2024. The case is presided over by Judge Jennifer L. Hall.

Filing & Initial Pleadings:

• Complaint: Neurent Medical Ltd. filed its complaint on September 24, 2024, alleging that Aerin Medical Inc. infringes U.S. Patent Nos. 12,096,973, 12,096,974, and 12,098,889. The complaint specifically targets Aerin's "Next Generation RhinAer System," including the RhinAer Stylus Model FG1393 and RhinAer Console Model FG226.
• Motion to Dismiss: On November 15, 2024, Aerin Medical filed a motion to dismiss Neurent's complaint under Rule 12(b)(6), arguing that the asserted patents were invalid as anticipated. Neurent Medical filed a brief in opposition to this motion on December 9, 2024, asserting that Aerin's motion inappropriately sought a summary finding of invalidity at the pleading stage and relied on evidence that could not be considered under Rule 12(b)(6). The motion to dismiss remains pending.

Pre-trial Motions of Substance:

• Motion to Consolidate Cases and Stay: An oral argument was held on February 28, 2025, concerning a motion to consolidate cases and stay proceedings. This motion was granted-in-part, with the court ordering the parties to prepare consolidation documents and a proposed interim schedule. The consolidation merged this case (1:24-cv-01070) with an earlier related action (1:23-cv-00756-JLH) between Aerin Medical Inc. and The Foundry, LLC as plaintiffs, and Neurent Medical Inc. as defendant.

Parallel PTAB IPR Proceedings:

Aerin Medical Inc. has initiated inter partes review (IPR) proceedings against Neurent Medical's asserted patents at the Patent Trial and Appeal Board (PTAB).

• IPR2025-01126 (U.S. Patent No. 12,096,973): Aerin Medical Inc. filed a petition for IPR against U.S. Patent No. 12,096,973 on June 24, 2025 (though other sources say June 25, 2025). The petition challenged claims 1-30 of the patent as unpatentable, primarily on the ground of obviousness over prior art, specifically the "Townley" reference (Application # 2016/0331459). The PTAB issued an institution decision denying the petition on November 5, 2025, and a Director Discretionary Decision to deny on November 19, 2025, effectively terminating this IPR proceeding.
• Other IPRs: Aerin also filed IPR petitions challenging the other Neurent Patents (U.S. Patent Nos. 12,096,974 and 12,098,889) on June 19, 24, 25, and 27, 2025. Decisions on institution for these IPRs were expected by January 8, 2026. The impact of these IPRs on the district court litigation has been a factor in scheduling and stays. A previous stipulation in the earlier consolidated case (1:23-cv-00756-JLH) had stayed that action in its entirety until the PTAB issued Final Written Decisions in IPRs related to Aerin/Foundry Patents. While discovery on the Neurent patents was ordered to get "caught up" after consolidation, the stay on claims and defenses related to the Aerin/Foundry Patents remains in place.

The case is currently ongoing in the District of Delaware.

I'll research the plaintiff's counsel of record through docket records, firm announcements, and related filings.

Let me pull the actual docket pages for this case.

Now let me verify the pro hac vice team and check for any later appearances post-consolidation.

Plaintiff's Counsel of Record — Neurent Medical Ltd.

Neurent is represented by a two-firm team: Morris, Nichols, Arsht & Tunnell LLP as Delaware counsel and Wilmer Cutler Pickering Hale and Dorr LLP as lead/high-tech counsel admitted pro hac vice. All entries below are grounded in the 1:24-cv-01070 docket and in Neurent's PTAB mandatory notices, which name the same team.

Delaware counsel — Morris, Nichols, Arsht & Tunnell LLP (1201 N. Market St., Wilmington, DE)

Lead / merits counsel — Wilmer Cutler Pickering Hale and Dorr LLP (2100 Pennsylvania Ave. NW, Washington, DC; Boston office also active)

Admitted pro hac vice by order of Judge Hall on November 6, 2024, granting D.I. 15 (motion filed by Mr. Egan):

PTAB-only appearances not confirmed for the district court: Alexander J. Nemtzow (Reg. No. 82,130) and Sarah J. Murphy of WilmerHale's Boston office appeared for Neurent at PTAB depositions/hearings. I did not find a district-court notice of appearance or PHV order for either in this case, so treat their district-court status as unconfirmed.

Caveats and sourcing notes

• No in-house counsel notice of appearance for Neurent appears on the docket through the entries I could retrieve. Neurent's Rule 71 disclosure statement (D.I. 4) listed no parents or affiliates.
• Docket coverage limit: the public Justia extract of 1:24-cv-01070 (https://dockets.justia.com/docket/delaware/dedce/1:24cv01070/86944) was last refreshed November 22, 2024; later entries I cite (through December 2024, plus 2025 filings) come from the PTAB petition exhibits that reproduce the D. Del. docket. I could not verify on PACER whether any additional Neurent appearances were entered after mid-2025 — if a firm website or Law360 suggests a later addition, that should be checked against the live docket rather than assumed.
• Nothing appears sealed as to counsel identity; the sealed items (D.I. 18, 21, 22, 24) are exhibits to Aerin's motion to dismiss, not appearances.

Contradictions with the existing case write-ups (flagged per instructions)

1. "Defendant representatives" section is inconsistent with the docket. It lists Neal C. Belgam (Smith, Katzenstein & Jenkins), David T. Pritikin (Sidley Austin) and Richard A. Cederoth. The 1:24-cv-01070 docket instead shows Aerin's Delaware counsel as Daniel M. Silver and Alexandra M. Joyce of McCarter & English (notices of appearance D.I. 7 and 9), with Finnegan Henderson (J. Michael Jakes, Kathleen A. Daley, Sonja W. Sahlsten, Christopher C. Howes) admitted PHV on November 18, 2024, plus Maliheh Zare (D.I. 10). Aerin's IPR work is handled by Greenberg Traurig (Heath Briggs, Benjamin Gilford, Trenton Ward, Elana Araj). None of Belgam, Pritikin or Cederoth appear in the docket excerpts I retrieved — that section should be re-verified.
2. Status/patent count. The metadata lists only the '973 patent and status "ongoing," but the complaint (D.I. 3 report to the Patent Office) names three patents — 12,096,973, 12,096,974 and 12,098,889 — and the case was consolidated into Aerin Medical Inc. v. Neurent Medical Inc., C.A. No. 1:23-cv-00756-JLH (Stipulation and Order to Consolidate, D.I. 106, Mar. 18, 2025), with an interim schedule order at D.I. 107. Some commercial databases therefore show 24-1070 as "closed," which reflects the consolidation, not a termination of the dispute.

Here is the counsel of record representing Aerin Medical Inc. in Neurent Medical Ltd. v. Aerin Medical Inc.:

Defendant's Counsel (Aerin Medical Inc.)

• Neal C. Belgam
  • Role: Local Counsel
  • Firm: Smith, Katzenstein & Jenkins LLP, Wilmington, Delaware
  • Experience Note: Highly experienced in acting as local Delaware counsel for both plaintiffs and defendants in patent, trademark, and trade secret cases, particularly in pharmaceutical, telecommunications, and technology sectors.
• David T. Pritikin
  • Role: Lead Counsel
  • Firm: Sidley Austin LLP, Chicago, Illinois
  • Experience Note: Partner focusing on high-technology patent litigation and intellectual property disputes.
• Richard A. Cederoth
  • Role: Lead Counsel
  • Firm: Cederoth Law, Chicago, Illinois (formerly Sidley Austin LLP)
  • Experience Note: Focuses on patent and trade secret matters involving software, computers, and semiconductors, with extensive experience in standard-essential patents (SEPs) and FRAND licensing obligations.