PTAB

IPR2025-01125

Aerin Medical Inc v. Neurent Medical Ltd

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Petition
petition

1. Case Identification

2. Patent Overview

  • Title: Method for Treating Rhinitis, Congestion, and Rhinorrhea
  • Brief Description: The ’889 patent discloses methods and devices for treating rhinitis, congestion, and rhinorrhea by delivering energy to disrupt neural signals within a patient's sino-nasal cavity. The system uses a neuromodulation device with a multi-electrode end effector advanced through a shaft to apply therapeutic energy to target sites.

3. Grounds for Unpatentability

Ground 1: Obviousness over Townley - Claims 1-20 are obvious over Townley.

  • Prior Art Relied Upon: Townley (Application # 2016/0331459).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Townley, which is the inventor’s own prior work, discloses all limitations of the challenged claims. Townley describes a "therapeutic neuromodulation catheter" with a "therapeutic assembly" that Petitioner mapped to the claimed "multi-electrode end effector." This assembly includes multiple, spaced-apart electrodes on expandable struts, is advanced into the nasal cavity via a shaft, and is configured to deliver RF energy. Petitioner asserted Townley teaches applying this energy to disrupt parasympathetic nerves to treat rhinosinusitis symptoms, targeting locations including the posterior nasal nerve and inferior turbinate, as claimed. Townley also discloses a control console with an RF generator, temperature sensors for feedback, and algorithms to control energy delivery based on temperature and time, mapping to the dependent claims.
    • Motivation to Combine (for §103 grounds): As a single-reference ground, the argument is that Townley alone teaches every element. Petitioner contended that any minor differences, such as Townley not explicitly stating the treatment would "improve nasal breathability," would have been an obvious and expected outcome for a person of ordinary skill in the art (POSITA) treating the underlying symptoms of nasal blockage and congestion described in Townley.
    • Expectation of Success (for §103 grounds): A POSITA would have a high expectation of success as the methods and device components described in Townley are presented as a complete and functional system for achieving the claimed therapeutic goals.

Ground 2: Obviousness over Wolf-003 and Wolf-290 - Claims 1-6 and 18-20 are obvious over Wolf-003 alone or in view of Wolf-290.

  • Prior Art Relied Upon: Wolf-003 (Application # 2015/0202003) and Wolf-290 (Application # 2019/0282290).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Wolf-003 discloses a multi-electrode end effector on a shaft for treating structures in the upper airway, including the inferior turbinate, to reduce mucus production. The device delivers RF energy from spaced-apart electrodes to ablate target tissue, such as nerves and goblet cells. Petitioner asserted this maps directly to the limitations of independent claim 1 and dependent claims 18-20, which recite treating near the posterior nasal nerve and inferior turbinate. Wolf-003 also discloses a control system with temperature sensors for closed-loop feedback control to maintain a set temperature, mapping to claims 5 and 6.
    • Motivation to Combine (for §103 grounds): A POSITA would be motivated to apply the teachings of Wolf-003, which treats post-nasal drip and excess mucus, to the claimed conditions of rhinitis, congestion, and rhinorrhea because they are all related conditions stemming from nasal inflammation and mucus overproduction. Wolf-290 was cited to confirm this motivation, as it explicitly teaches that delivering ablative energy to nasal tissues to damage nerve fibers is a known method for treating rhinitis. This provided a strong reason to use the device of Wolf-003 for the purposes claimed in the ’889 patent.
    • Expectation of Success (for §103 grounds): A POSITA would have a reasonable expectation of success because Wolf-003's device was already configured to ablate nerve and mucosal tissues within the nasal cavity, the exact mechanism that Wolf-290 confirms is effective for treating rhinitis.

Ground 3: Obviousness over Wolf-003, Wolf-290, and Angeles - Claims 2-14 are obvious over the Ground 2 references in view of Angeles.

  • Prior Art Relied Upon: Wolf-003 (Application # 2015/0202003), Wolf-290 (Application # 2019/0282290), and Angeles (Application # 2020/0129223).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner asserted that while Wolf-003 discloses a general "control system," Angeles provides the specific implementation details for a modern console unit recited in dependent claims 7-14. Angeles teaches an electrosurgical console with an integrated RF generator, a computer processor, and a touchscreen display. Petitioner argued Angeles’s console explicitly discloses monitoring and displaying elapsed treatment time and tissue temperature, and using a processor with executable instructions to automatically adjust RF energy output based on predetermined elapsed time periods and maximum temperature thresholds.
    • Motivation to Combine (for §103 grounds): A POSITA would combine the device of Wolf-003 with the console of Angeles to implement Wolf-003’s generalized control system with a known, user-friendly, and functionally rich interface. Angeles provides desirable features like a compact footprint, an improved user interface, and customizable treatment parameters. Furthermore, Angeles discloses its console is intended for use with various devices, including those developed by Aerin Medical Inc., the same assignee as Wolf-003, making the combination particularly logical.
    • Expectation of Success (for §103 grounds): The combination would have been routine for a POSITA. Integrating a therapeutic energy delivery device with a control console was a standard practice, and Angeles provides a suitable, off-the-shelf console design for implementing the claimed control functionalities.

4. Relief Requested

  • Petitioner requests institution of an inter partes review and cancellation of claims 1-20 of Patent 12,089,889 as unpatentable.