Inspire Medical Systems, Inc. v. Nyxoah, Inc. et al
| Inspire Medical Systems, Inc. |
| Nyxoah, Inc. and Nyxoah SA |
| Nyxoah, Inc. and Nyxoah SA |
| Inspire Medical Systems, Inc. |
| 1:2025cv00667 |
| May 30, 2025 |
| U.S. District Court for the District of Delaware |
| Richard G Andrews |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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Filing 54
ORAL ORDER re #53 - IT IS HEREBY ORDERED that the stipulation to extend time and to extend the page limits for objections is GRANTED-IN-PART and DENIED-IN-PART. Objections to the Court's Memorandum Order are due by December 9, 2025 and any responses thereto are due by December 30, 2025. Additionally, the default page limit for objections and answers is ten (10) double-spaced pages, and there is insufficient reason to depart from that default in the circumstances here. ORDERED by Judge Eleanor G. Tennyson on 11/25/2025. (mpb)
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| Filing 53 STIPULATION TO EXTEND TIME for Inspire to file Objections to the Order granting Nyxoah's Motion to Disqualify (D.I. 50) to December 9, 2025, and for Nyxoah to respond to the Objections to December 30, 2025, Unopposed MOTION to Extend Page Limits - filed by Inspire Medical Systems, Inc.. (Raucci, Anthony) |
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Filing 52
SO ORDERED Granting #51 Stipulation and Proposed Order to Stay Certain Deadlines. Signed by Judge Richard G. Andrews on 11/21/2025. (aas)
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| Filing 51 STIPULATION and [Proposed] Order to Stay Certain Deadlines by Inspire Medical Systems, Inc.. (Raucci, Anthony) |
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Filing 50
MEMORANDUM ORDER re #11 . Defendants' motion to disqualify Plaintiff's counsel is GRANTED. See Order for further and complete details. Objections limited to ten (10) pages and due by December 3, 2025. Any objections must comply with Federal Rule of Civil Procedure 72(a) and this Court's Standing Order of March 7, 2022. Signed by Judge Eleanor G. Tennyson on 11/18/2025. (mpb)
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| Filing 49 NOTICE OF SERVICE of Defendants Nyxoah, Inc. and Nyxoah SA's Disclosures of Electronically Stored Information Pursuant to the Order Regarding Discovery of Electronically Stored Information filed by Nyxoah SA, Nyxoah, Inc..(Squire, Monte) |
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SO ORDERED, re #46 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Morin, Rachel Renee Blitzer, Richard A. Lowry, Tiffany Weston, Sarah Propst, and Joseph Previti filed by Inspire Medical Systems, Inc.. Signed by Judge Richard G. Andrews on 11/4/2025. (aas)
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| Filing 48 Pro Hac Vice Fee - Credit Card Payment received for Joseph Previti. ( re #46 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Morin, Rachel Renee Blitzer, Richard A. Lowry, Tiffany Weston, Sarah Propst, and Joseph Previti )( Payment of $ 50, receipt number ADEDC-4828738).(Raucci, Anthony) |
| Filing 47 Pro Hac Vice Fee - Credit Card Payment received for Michael A. Morin, Rachel Renee Blitzer, Richard A. Lowry, Tiffany Weston, and Sarah Propst. ( re #46 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Morin, Rachel Renee Blitzer, Richard A. Lowry, Tiffany Weston, Sarah Propst, and Joseph Previti )( Payment of $ 250, receipt number ADEDC-4828736).(Raucci, Anthony) |
| Filing 46 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Morin, Rachel Renee Blitzer, Richard A. Lowry, Tiffany Weston, Sarah Propst, and Joseph Previti - filed by Inspire Medical Systems, Inc.. (Raucci, Anthony) |
| Filing 45 NOTICE OF SERVICE of 1) Inspire Medical Systems, Inc.'s Responses and Objections to Nyxoah, Inc.'s and Nyxoah SA's First Set of Interrogatories (Nos. 1-14) and 2) Inspire Medical Systems, Inc.'s Responses and Objections to Nyxoah, Inc.'s and Nyxoah SA's First Set of Requests for Production (Nos. 1-45) filed by Inspire Medical Systems, Inc..(Raucci, Anthony) |
| Filing 44 NOTICE OF SERVICE of Inspire Medical Systems, Inc.'s ESI Disclosures filed by Inspire Medical Systems, Inc..(Raucci, Anthony) |
| Filing 43 NOTICE OF SERVICE of (1) Defendants Nyxoah, Inc. and Nyxoah SA's Responses and Objections to Plaintiff Inspire Medical Systems, Inc.'s First Set of Interrogatories (Nos. 1-9); and (2) Defendants Nyxoah, Inc. and Nyxoah SA's Responses and Objections to Plaintiff Inspire Medical Systems, Inc.'s First Set of Requests for Production (Nos. 1-39) filed by Nyxoah SA, Nyxoah, Inc..(Squire, Monte) |
| Filing 42 NOTICE OF SERVICE of Plaintiff Inspire Medical Systems, Inc.'s Identification of Asserted Patents and Accused Products filed by Inspire Medical Systems, Inc..(Raucci, Anthony) |
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Filing 41
SO ORDERED Granting #40 Stipulated Protective Order. Signed by Judge Richard G. Andrews on 10/14/2025. (nms)
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| Filing 40 PROPOSED Stipulated Protective Order, by Inspire Medical Systems, Inc.. (Raucci, Anthony) Modified on 10/14/2025 (nms). |
| Filing 39 STIPULATION and Proposed Order to Extend Time to Submit a Proposed Protective Order to October 14, 2025 - filed by Inspire Medical Systems, Inc.. (Raucci, Anthony) Modified on 10/6/2025 (nms). |
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SO ORDERED, re #39 STIPULATION and Proposed Order to Extend Time to Submit a Proposed Protective Order to October 14, 2025. Signed by Judge Richard G. Andrews on 10/6/2025. (nms)
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| Filing 38 NOTICE OF SERVICE of (1) Defendants Nyxoah, Inc. and Nyxoah SA's First Set of Interrogatories to Plaintiff Inspire Medical Systems, Inc.; and (2) Defendants Nyxoah, Inc. and Nyxoah SA's First Set of Requests for Production of Documents and Things to Plaintiff Inspire Medical Systems, Inc. filed by Nyxoah SA, Nyxoah, Inc..(Squire, Monte) |
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Filing 37
ORAL ORDER: The Motion to Disqualify Plaintiff's Counsel (D.I. #11 ) is now REFERRED to Magistrate Judge Eleanor G. Tennyson. Ordered by Judge Richard G. Andrews on 10/2/2025. *Motion referred to Eleanor G. Tennyson.(nms)
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Filing 36
SO ORDERED Granting #35 Order Regarding Discovery of Electronically Stored Information. Signed by Judge Richard G. Andrews on 10/1/2025. (nms)
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| Filing 35 PROPOSED Order Regarding Discovery of Electronically Stored Information, by Inspire Medical Systems, Inc.. (Raucci, Anthony) Modified on 9/30/2025 (nms). |
| CORRECTING ENTRY: The docket text for D.I. #33 has been corrected the filing is a Notice of Service and not discovery. An incorrect filing code was used during the original transaction. (nms) |
| Filing 34 NOTICE OF SERVICE of Plaintiff Inspire Medical Systems, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Inspire Medical Systems, Inc..(Raucci, Anthony) |
| Filing 33 NOTICE of Service for Initial Disclosures pursuant to Rule 26, filed by Nyxoah SA, Nyxoah, Inc..(Squire, Monte) Modified on 9/29/2025 (nms). |
| Filing 32 NOTICE OF SERVICE of 1) Plaintiff Inspire Medical Systems, Inc.'s First Set of Interrogatories to Defendants (Nos. 1-9), and 2) Plaintiff Inspire Medical Systems, Inc.'s First Set of Requests for Production to Defendants (Nos. 1-39) filed by Inspire Medical Systems, Inc..(Raucci, Anthony) |
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Filing 31
ORAL ORDER: The Rule 16(b) Scheduling Conference set for 9/22/2025, is CANCELED. Ordered by Judge Richard G. Andrews on 9/17/2025. (nms)
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Filing 30
SCHEDULING ORDER: Joinder of Parties due by 9/17/2026. Amended Pleadings due by 9/17/2026. Discovery due by 12/17/2026. Dispositive Motions due by 6/30/2027. Answering Brief due 7/29/2027. Reply Brief due 8/26/2027. Joint Claim Construction Brief due by 6/25/2026. A Markman Hearing is set for 7/23/2026, at 9:30 AM in Courtroom 6A. A Pretrial Conference is set for 12/3/2027, at 9:30 AM in Courtroom 6A. A 5-day Jury Trial is set to start 12/13/2027, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 9/17/2025. (nms)
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| Filing 29 PROPOSED Scheduling Order, by Inspire Medical Systems, Inc.. (Attachments: #1 Letter)(Raucci, Anthony) Modified on 9/16/2025 (nms). |
| Filing 28 ANSWER to #18 Answer to Complaint, Counterclaim by Inspire Medical Systems, Inc..(Raucci, Anthony) |
| Filing 27 REDACTED VERSION of #26 Reply Brief, by Nyxoah SA, Nyxoah, Inc.. (Squire, Monte) Modified on 9/9/2025 (nms). |
| Filing 26 [SEALED] REPLY BRIEF re #11 MOTION to Disqualify Plaintiff's Counsel filed by Nyxoah SA, Nyxoah, Inc.. (Attachments: #1 Certificate of Service)(Squire, Monte) |
| Filing 25 REDACTED VERSION of #23 Declaration by Inspire Medical Systems, Inc.. (Raucci, Anthony) |
| Filing 24 REDACTED VERSION of #21 Answering Brief in Opposition by Inspire Medical Systems, Inc.. (Raucci, Anthony) |
| CORRECTING ENTRY: The pdf for D.I. #17 has been replaced with a corrected version per the filer's request and opposing counsel's approval. The NEF for D.I. #17 has been regenerated. (nms) |
| Filing 23 [SEALED] DECLARATION of B. Shayne Kennedy re #21 Answering Brief in Opposition by Inspire Medical Systems, Inc.. (Attachments: #1 Exhibit 6, #2 Exhibit 7)(Raucci, Anthony) |
| Filing 22 DECLARATION of Michael A. Morin re #21 Answering Brief in Opposition by Inspire Medical Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Raucci, Anthony) |
| Filing 21 [SEALED] ANSWERING BRIEF in Opposition re #11 MOTION to Disqualify Plaintiff's Counsel filed by Inspire Medical Systems, Inc..Reply Brief due date per Local Rules is 9/5/2025. (Raucci, Anthony) |
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Filing 20
Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 9/22/2025, at 2:00 PM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 8/27/2025. (nms)
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| Filing 19 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Nyxoah SA, Other Affiliate Cochlear Investments Pty Ltd., Other Affiliate Cochlear Limited for Nyxoah, Inc.; Other Affiliate Cochlear Investments Pty Ltd., Other Affiliate Cochlear Limited for Nyxoah SA filed by Nyxoah SA, Nyxoah, Inc.. (Squire, Monte) |
| CORRECTING ENTRY: The 7.1. Disclosure Statement filed at D.I. 19 on 8/25/2025, has been removed from the docket. Upon review it was determined information was incorrectly cataloged regarding Defendants' corporate parents and other affiliates. Counsel is to refile the statement and reflect Nyxoah SA is the parent of Nyxoah, Inc., and Cochlear Investments Pty Ltd. and Cochlear Limited are Other Affiliates to both Defendants. (nms) |
| Filing 18 ANSWER to #1 Complaint, with Jury Demand against Inspire Medical Systems, Inc., by Nyxoah, Inc., Nyxoah SA.(Squire, Monte) Modified on 8/25/2025 (nms). |
| Filing 17 REDACTED VERSION of #14 Declaration of Monte T. Squire, by Nyxoah SA, Nyxoah, Inc.. Modified on 8/20/2025 (nms). (Main Document 17 replaced on 9/3/2025) (nms). Modified on 9/3/2025 (nms). |
| Filing 16 REDACTED VERSION of #13 Declaration of Olivier Taelman, by Nyxoah SA, Nyxoah, Inc.. (Attachments: #1 Exhibits A-V)(Squire, Monte) Modified on 8/20/2025 (nms). |
| Filing 15 REDACTED VERSION of #12 Opening Brief in Support, by Nyxoah SA, Nyxoah, Inc.. (Squire, Monte) Modified on 8/20/2025 (nms). |
| Filing 14 [SEALED] DECLARATION of Monte T. Squire re #11 MOTION to Disqualify Plaintiff's Counsel, by Nyxoah SA, Nyxoah, Inc.. (Attachments: #1 Exhibits 1-2, #2 Certificate of Service)(Squire, Monte) Modified on 8/15/2025 (nms). |
| Filing 13 [SEALED] DECLARATION of Olivier Taelman re #11 MOTION to Disqualify Plaintiff's Counsel, by Nyxoah SA, Nyxoah, Inc.. (Attachments: #1 Exhibits A-V, #2 Certificate of Service)(Squire, Monte) Modified on 8/15/2025 (nms). |
| Filing 12 [SEALED] OPENING BRIEF in Support re #11 MOTION to Disqualify Plaintiff's Counsel, filed by Nyxoah SA, Nyxoah, Inc.. Answering Brief/Response due date per Local Rules is 8/29/2025. (Attachments: #1 Certificate of Service)(Squire, Monte) Modified on 8/15/2025 (nms). |
| Filing 11 MOTION to Disqualify Plaintiff's Counsel - filed by Nyxoah SA, Nyxoah, Inc.. (Attachments: #1 Proposed Order, #2 7.1.1 Statement)(Squire, Monte) Modified on 8/15/2025 (nms). |
| Pro Hac Vice Attorney Charlotte Drew, Jarrad M. Gunther, L. Norwood Jameson & Anthony J. Fitzpatrick for Nyxoah SA & Nyxoah, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (slk) |
| Filing 10 Pro Hac Vice Fee - Credit Card Payment received for Anthony J. Fitzpatrick, L. Norwood Jameson, Jarrad M. Gunther, and Charlotte Drew. ( re #9 MOTION for Pro Hac Vice Appearance of Attorney Anthony J. Fitzpatrick, L. Norwood Jameson, Jarrad M. Gunther, and Charlotte Drew )( Payment of $ 200, receipt number ADEDC-4759445).(Squire, Monte) |
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SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney Anthony J. Fitzpatrick, L. Norwood Jameson, Jarrad M. Gunther, and Charlotte Drew filed by Nyxoah, Inc., Nyxoah SA. Signed by Judge Richard G. Andrews on 8/13/2025. (aas)
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| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Anthony J. Fitzpatrick, L. Norwood Jameson, Jarrad M. Gunther, and Charlotte Drew - filed by Nyxoah SA, Nyxoah, Inc.. (Attachments: #1 Certification of Anthony J. Fitzpatrick, #2 Certification of L. Norwood Jameson, #3 Certification of Jarrad M. Gunther, #4 Certification of Charlotte Drew, #5 Text of Proposed Order)(Squire, Monte) |
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SO ORDERED, re #8 Joint Stipulation to Extend Time (*Reset Answer Deadlines: Nyxoah SA answer due 8/25/2025; Nyxoah, Inc. answer due 8/25/2025). Signed by Judge Richard G. Andrews on 6/18/2025. (nms)
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| Filing 8 Joint Stipulation to Extend Time - filed by Nyxoah SA, Nyxoah, Inc.. (Squire, Monte) Modified on 6/17/2025 (nms). |
| Filing 7 NOTICE of Appearance by Monte Terrell Squire on behalf of Nyxoah SA, Nyxoah, Inc. (Squire, Monte) |
| Filing 6 SUMMONS Returned Executed by Inspire Medical Systems, Inc.. Nyxoah Inc. served on 6/3/2025, answer due 6/24/2025. (Smith, Rodger) Modified on 6/5/2025 (nms). |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (alb) |
| CORRECTING ENTRY: Initial filing of D.I. #6 Summons Returned Executed removed to be refiled due to filing of erroneous document (cdd) |
| CORRECTING ENTRY: D.I. #1 and D.I. #4 replaced per counsel request. (slk) |
| Filing 5 Summons Issued as to Nyxoah SA on 5/30/2025; Nyxoah, Inc. on 5/30/2025. (Attachments: #1 Summons Issued)(scs) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Blackrock, Inc. for Inspire Medical Systems, Inc. filed by Inspire Medical Systems, Inc.. (scs) (Main Document 4 replaced on 6/2/2025) (slk). |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,898,709 B2; 11,806,526 B2; 11,850,424 B2. (scs) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (scs) |
| Filing 1 COMPLAINT for Patent Infringement, or in the Alternative, Declaratory Judgment for Patent Infringement with Jury Demand against Nyxoah SA, Nyxoah, Inc. (Filing fee $ 405, receipt number ADEDC-4699511) - filed by Inspire Medical Systems, Inc.. (Attachments: #1 Exhibits 1-6, #2 Civil Cover Sheet)(scs) (Main Document 1 replaced on 6/2/2025) (slk). |
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