Aerin Medical Inc.

Petition

Petition summary

## 1. Case Identification
- Case Number: [IPR2025-01125](https://ai-lab.exparte.com/case/ptab/IPR2025-01125)
- Patent #: [12,089,889](https://ai-lab.exparte.com/patent/12089889)
- Filed: June 24, 2025
- Petitioner(s): [Aerin Medical Inc.](https://ai-lab.exparte.com/party/aerin-medical-inc)
- Patent Owner(s): [Neurent Medical Ltd.](https://ai-lab.exparte.com/party/neurent-medical-inc)
- Challenged Claims: 1-20

## 2. Patent Overview
- Title: Method for Treating Rhinitis, Congestion, and Rhinorrhea
- Brief Description: The ’889 patent relates to a method for treating symptoms of rhinitis, congestion, or rhinorrhea using a neuromodulation device. The device features a multi-electrode end effector advanced into the sino-nasal cavity to deliver energy and disrupt neural signals associated with mucus production and mucosal engorgement.

## 3. Grounds for Unpatentability

#### Ground 1: Claims 1-20 are obvious over Townley.
- **Prior Art Relied Upon:** [Townley](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1004) (Application # 2016/0331459).
- **Core Argument for this Ground:**
    - **Prior Art Mapping:** Petitioner argued that [Townley](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1004), which is the named inventor's own prior work, discloses a therapeutic neuromodulation system for treating rhinosinusitis that meets nearly all limitations of the challenged claims. [Townley](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1004) teaches a multi-electrode end effector (MEEE) on a shaft, advancing it into the nasal cavity, and using spaced electrodes to deliver RF energy to disrupt parasympathetic nerves. It explicitly discloses targeting the posterior nasal nerve and inferior turbinate. Petitioner asserted that the only limitation not expressly disclosed—improving nasal breathability—is an obvious and inherent result of treating the claimed conditions of congestion and rhinorrhea.
    - **Expectation of Success:** A person of ordinary skill in the art (POSITA) would have reasonably expected that [Townley's](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1004) method of reducing congestion and mucus secretion would succeed in improving nasal breathability, as this is a known and direct consequence of such treatments.

#### Ground 2: Claims 1-6 and 18-20 are obvious over Wolf-003 alone or in view of Wolf-290.
- **Prior Art Relied Upon:** [Wolf-003](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1005) (Application # 2015/0202003), [Wolf-290](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1006) (Application # 2019/0282290).
- **Core Argument for this Ground:**
    - **Prior Art Mapping:** Petitioner contended that [Wolf-003](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1005) discloses a method of treating post-nasal drip and upper airway cough syndrome by delivering RF energy via a multi-electrode device to mucosal tissue, including nerves and goblet cells. The device features spaced electrodes on a shaft that is advanced into the nasal cavity to treat the inferior turbinate. Petitioner argued that treating these underlying causes is functionally equivalent to treating the claimed symptoms of rhinitis, congestion, and rhinorrhea (RCR). [Wolf-290](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1006) was cited to confirm that ablating nerve fibers in the nasal airway to treat rhinitis was a known and expected outcome of such a procedure.
    - **Motivation to Combine:** A POSITA would combine the teachings by applying the [Wolf-003](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1005) device to treat the broader conditions of RCR, as suggested by [Wolf-290](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1006). The motivation would stem from clear clinical and commercial benefits, including providing patients with a more comprehensive treatment, expanding the device's market to a larger patient population, and leveraging an existing device for new, closely related uses.
    - **Expectation of Success:** A POSITA would have a high expectation of success. This is because [Wolf-003's](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1005) device is already configured to deliver ablative energy to the specific anatomical structures (turbinates, mucosal tissue, nerve fibers) responsible for the mucus production that causes the claimed symptoms.

#### Ground 3: Claims 2-14 are obvious over Wolf-003 and Wolf-290 in view of Angeles.
- **Prior Art Relied Upon:** [Wolf-003](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1005) (’003 application), [Wolf-290](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1006) (’290 application), and [Angeles](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1007) (Application # 2020/0129223).
- **Core Argument for this Ground:**
    - **Prior Art Mapping:** This ground builds on Ground 2, adding [Angeles](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1007) to render obvious the "console unit" limitations in claims 2-14, which relate to the control and operation of the device. While [Wolf-003](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1005) discloses a basic external "control system," [Angeles](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1007) teaches a sophisticated, integrated console for an electrosurgical device. The [Angeles](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1007) console includes a housing, an RF energy generator, a computer processor, and a touchscreen display. It allows a user to monitor and set parameters like temperature, power, and treatment time, and provides feedback via a graphical user interface.
    - **Motivation to Combine:** A POSITA would be motivated to implement the control system of the [Wolf-003](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1005) device using the advanced console taught by [Angeles](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1007). The motivations include achieving a smaller device footprint, providing an improved and more convenient user interface for the physician, and enabling precise, customizable treatment through the touchscreen controls. Petitioner also noted that [Wolf-003](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1005) and [Angeles](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1007) share an inventor and are both assigned to Petitioner, making the combination particularly obvious.
    - **Expectation of Success:** A POSITA would expect success, as combining a treatment probe with an advanced control console is a routine engineering task. [Angeles](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1007) is disclosed as being compatible with various energy-delivery devices, including those from [Aerin](https://ai-lab.exparte.com/party/aerin-medical-inc) (the assignee of [Wolf-003](https://ai-lab.exparte.com/case/ptab/IPR2025-01125/doc/1005)), making the integration straightforward.

## 4. Relief Requested
- Petitioner requested institution of an inter partes review and cancellation of claims 1-20 of Patent [12,089,889](https://ai-lab.exparte.com/patent/12089889) as unpatentable.

Rhinitis treatment patent faces 3 obviousness challenges: Townley & Wolf art cited against all 20 claims for sino-nasal RF neuromodulation.