Nyxoah announced today that it filed a lawsuit against Inspire Medical Systems alleging the infringement of sleep apnea therapy patents.
The two companies are already embroiled in a patent spat, according to Inspire’s latest earnings report, which cited costs from legal proceedings. This countersuit follows Inspire’s lawsuit alleging patent infringement filed back in May. Inspire claimed that, as Nyxoah prepared to bring its own sleep apnea neuromodulation system to the U.S., it infringes upon three patents for its own established technology.
Nyxoah now alleges that Inspire Medical’s Inspire IV and Inspire V devices infringe on three patents held by the company. The suit covers U.S. Patent Nos. 8,700,183, 9,415,215, and 9,415,216. Nyxoah filed its suit in the U.S. District Court for the District of Delaware, seeking injunctive relief and damages for infringement.
The Belgium-based company directly competes with Inspire in the sleep respiratory market as they both offer alternatives to the traditional sleep apnea device market that features CPAP and BiPAP machines. Nyxoah’s Genio system received FDA approval last month, pitting it directly against the Inspire devices. Genio utilizes an implanted electrode around the hypoglossal nerve, stimulating the tongue and keeping the airway open. Unlike Inspire’s system, it doesn’t require leads, with a wearable providing power for the electrode through the skin.
“We will defend our intellectual property portfolio and the proprietary, minimally invasive Genio system, which does not rely on traditional pacemaker hardware but is a differentiated solution offering bi-lateral stimulation, full body MRI compatibility and an upgradable technology platform that does not require re-surgery for battery replacements,” said Olivier Taelman, CEO of Nyxoah. “At Nyxoah, we remain committed to putting patients first and offering physicians an alternative, trusting them to make the best decision for their patients suffering from OSA. We’re excited about the positive feedback we have received from both physicians and patients in the first month post-U.S. commercial launch and look forward to introducing the Genio system to more physicians and OSA patients so they can choose the best solution for their needs.”
Companies like LivaNova and XII Medical also aim to take share in this market. They all offer an alternative for the traditional CPAP machines. Resmed currently has a leg up in that market after Philips’ Respironics recall saga. Resmed also took part in a Nyxoah funding round in 2020.
