PTAB challenges

Proceedings overview

One active Inter Partes Review (IPR) proceeding, IPR2026-00091, has been filed against US patent 11806526. The petition in this proceeding received a discretionary denial, meaning institution was denied. This gives a defendant a stronger defensive posture, as the patent claims have not been challenged on the merits and remain intact.

IPR2026-00091 — Nyxoah, Inc. et al. v. Inspire Medical Systems Inc

• Type: Inter Partes Review
• Filed: 2025-12-18
• Status: Discretionary Denial (institution was denied by the PTAB)
• Judge panel: Not publicly available yet.
• Petition grounds: Not publicly available yet.
• Institution decision: Denied - 2026-05-19. The petition for IPR2026-00091 was denied institution on a discretionary basis.
• Final Written Decision: Not applicable as institution was denied.
• Settlement / termination: Not applicable.
• Appeal: Not applicable.
• Defensive value: The patent owner prevailed as institution was denied, meaning the claims of US11806526 were not substantively challenged and remain patentable. Any IPR-based defense on the same or similar grounds would face the precedent of this discretionary denial.

Strategic summary

All claims of US11806526 are currently UNTESTED through AIA trial proceedings, as the single IPR filed, IPR2026-00091, was denied institution on discretionary grounds. This means that the patent claims have not been subjected to a full PTAB review of their patentability.

Regarding estoppel, since institution was denied, no statutory estoppel under 35 U.S.C. § 315(e)(2) applies to the petitioner, Nyxoah, Inc. et al., or their privies for grounds that were raised or reasonably could have been raised in IPR2026-00091. This is because estoppel only attaches after a final written decision. For a defendant currently facing assertion of this patent, virtually all prior-art grounds remain available for future challenges, either in district court litigation or in a new AIA trial, though the discretionary denial in IPR2026-00091 might be considered by the Board in subsequent petitions on similar grounds.

The current pattern signals show that Inspire Medical Systems Inc has successfully defended against an initial IPR challenge, preventing any claims from being invalidated. The petitioner, Nyxoah, Inc. et al., is documented as the entity that filed this IPR.

Recommended next steps

The institution decision for IPR2026-00091 was a discretionary denial on 2026-05-19. For additional details regarding the denial, one would need to consult the full decision on the USPTO PTAB Decisions portal, if it is publicly available.