Aardvark Medical v. Spa Sciences: Nasal Irrigation Patent Case Dismissed With Prejudice
Aardvark Medical Inc. asserted five patents covering nasal irrigation systems against Spa Sciences LP and its NasalFresh product in the Eastern District of Texas. The plaintiff voluntarily dismissed all claims with prejudice after just 115 days — before the defendant filed any answer — with each party bearing its own costs.
Five-patent nasal irrigation suit ends before Spa Sciences answers
On February 18, 2025, Aardvark Medical Inc. filed an infringement action against Spa Sciences LP in the Eastern District of Texas before Judge Rodney Gilstrap. The complaint asserted five U.S. patents — US11883009B2, US11889995B2, US11883010B2, US9750856B2, and US11318234B2 — all directed to nasal irrigation technology, against Spa Sciences’ NasalFresh Nasal Irrigation System. Plaintiff was represented by Fabricant LLP and McKool Smith PC, two firms with significant Eastern District patent litigation experience.
The case closed on June 13, 2025, when Aardvark Medical filed a Notice of Voluntary Dismissal with Prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Because Spa Sciences had not yet answered the complaint or moved for summary judgment, the dismissal took effect without requiring court approval beyond acknowledgment. Judge Gilstrap accepted the notice, dismissed all claims with prejudice, and ordered each party to bear its own costs, expenses, and attorneys’ fees.
A dismissal with prejudice at this early stage — before any substantive litigation activity by the defendant — is notable and typically suggests that the parties reached a private resolution, that Aardvark reconsidered the strength of its infringement position, or that a licensing arrangement was reached. The public record is silent on the specific commercial or legal driver. What is certain is that the with-prejudice designation bars Aardvark from reasserting these five patents against Spa Sciences on the same claims.
Filing to Voluntary dismissal in 115 days
115 days — resolved before defendant answered the complaint
Dismissed with prejudice: what the voluntary exit means for both parties
Rule 41(a)(1)(A)(i): plaintiff’s unilateral exit before answer
Under Federal Rule 41(a)(1)(A)(i), a plaintiff may voluntarily dismiss without a court order if the defendant has not yet answered or moved for summary judgment. Here, Aardvark exercised that right but elected dismissal with prejudice — a stronger concession than the rule requires. The court’s role was limited to acknowledging the notice, not adjudicating the merits.
Voluntary — Rule 41(a)(1)(A)(i)With prejudice: Aardvark cannot refile these claims against Spa Sciences
A dismissal with prejudice operates as a final judgment on the merits, barring the plaintiff from refiling the same claims against the same defendant. Aardvark could have sought a without-prejudice dismissal under the same rule, preserving the option to refile. By voluntarily choosing the with-prejudice form, Aardvark relinquished that option entirely for these five patents against Spa Sciences.
Claim-barring dismissalSpa Sciences exits without admissions and without a cost award
Spa Sciences LP never filed an answer, meaning no invalidity defenses, non-infringement positions, or counterclaims entered the public record. The cost-neutrality order means neither party received a fee award — a departure from the exceptional-case fee shifting that defendants sometimes seek under 35 U.S.C. § 285. Spa Sciences achieves finality on these specific claims at minimal litigation cost.
No cost award to defendantEarly exit signals unresolved questions about nasal irrigation IP scope
The five asserted patents cover a concentrated cluster of nasal irrigation technology. Because the case ended without any claim construction, invalidity ruling, or infringement finding, the scope of these patents remains untested in court. Competitors and product teams in the nasal care device space should treat this portfolio as live and unresolved — the patents are fully enforceable and may be asserted against other parties.
Patents remain enforceableFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Aardvark Medical Inc. | Company | Nasal irrigation device innovator — holder of US11883009B2 and 4 related patentsSearch in Eureka ↗ |
| Defendant | Spa Sciences LP | Company | Spa Sciences LP — maker of the NasalFresh Nasal Irrigation System, named defendantSearch in Eureka ↗ |
| Plaintiff counsel | Alfred Ross Fabricant | Attorney | Counsel for Aardvark Medical Inc.Search in Eureka ↗ |
| Plaintiff counsel | Evan Langdon | Attorney | Counsel for Aardvark Medical Inc.Search in Eureka ↗ |
| Plaintiff counsel | Jennifer Leigh Truelove | Attorney | Counsel for Aardvark Medical Inc.Search in Eureka ↗ |
| Plaintiff counsel | Joseph Michael Mercadante | Attorney | Counsel for Aardvark Medical Inc.Search in Eureka ↗ |
| Plaintiff law firm | Fabricant LLP | Law Firm | Representing Aardvark Medical Inc.Search in Eureka ↗ |
| Plaintiff law firm | Fabricant LLP (NY) | Law Firm | Representing Aardvark Medical Inc.Search in Eureka ↗ |
| Plaintiff law firm | McKool Smith PC (Marshall) | Law Firm | Representing Aardvark Medical Inc.Search in Eureka ↗ |
| Presiding judge | Judge Rodney Gilstrap | Judge | Texas Eastern District CourtSearch in Eureka ↗ |
Official order — verbatim text
The court’s order confirms a procedurally clean exit: Aardvark invoked Rule 41(a)(1)(A)(i) before Spa Sciences answered, triggering an as-of-right dismissal that required only judicial acknowledgment. The with-prejudice designation, however, goes beyond the minimum — it converts the dismissal into a claim-preclusive event. No infringement findings, no claim construction, and no invalidity rulings were generated. The cost-neutrality directive specifically denies either party a fee award, suggesting the court saw no basis — and was not asked — to find the case exceptional under § 285.
US11883009B2 and family — nasal irrigation system technology
The five asserted patents — US11883009B2, US11889995B2, US11883010B2, US9750856B2, and US11318234B2 — form a coordinated portfolio directed at nasal irrigation system technology, spanning application numbers across a range of filing dates. The cluster of three ‘009, ‘995, and ‘010 patents share closely related application numbers (US18/324081, US18/324069, US18/324087), suggesting a continuation or continuation-in-part family targeting overlapping aspects of the same core nasal irrigation system design. US9750856B2 (application US14/622507) represents an earlier generation of the portfolio, while US11318234B2 (US17/099482) likely reflects a later prosecution effort extending coverage.
Nasal irrigation systems occupy a commercially significant niche in the consumer health and ENT device market, and patent portfolios in this space have historically been contested given the relatively low barrier to product variation. A five-patent family asserting overlapping claims against a single named product — the NasalFresh Nasal Irrigation System — signals that Aardvark Medical views its IP as broadly applicable across design variants. Because no claim construction occurred in this litigation, the precise boundaries of these patents remain undefined by any court, meaning competitors cannot rely on this case to assess their own exposure.
Should you run an FTO against US11883009B2 and the Aardvark nasal irrigation family?
Any company designing, manufacturing, or distributing nasal irrigation systems — including saline rinse devices, squeeze-bottle nasal wash systems, or powered nasal irrigation products — should assess its exposure against Aardvark Medical’s five-patent portfolio. The NasalFresh case demonstrates that Aardvark is willing to file suit in the Eastern District of Texas, a plaintiff-friendly venue, and that its portfolio spans multiple continuation patents likely crafted to cover design-arounds. The portfolio’s claim scope has never been tested in court, meaning the risk profile is elevated.
PatSnap Eureka’s FTO Search Agent can map each of the five Aardvark patents against your product’s technical features, identify relevant prior art that could inform invalidity arguments, and flag continuation applications that may not yet have issued. For product teams preparing a nasal care device launch or considering a NasalFresh-adjacent design, a structured FTO analysis is the minimum prudent step before commercialisation. Eureka’s claim-level analysis surfaces the specific limitations most likely to be asserted, enabling targeted design-around or challenge strategies.
Run a freedom-to-operate analysis on US11883009B2 to assess your product’s exposure
Run FTO in Eureka →Similar nasal irrigation and ENT device patent cases in E.D. Texas
Cases involving nasal irrigation, sinus care device patents, and Rule 41 voluntary dismissals in the Eastern District of Texas before Judge Gilstrap.
What this case signals for the nasal care device IP landscape
A five-patent assertion resolved in under four months raises questions about strategy, portfolio strength, and competitor exposure in nasal irrigation technology.
With-prejudice exit before answer is a rare and meaningful concession
Plaintiffs who dismiss with prejudice before any substantive defendant response are giving up more than required under Rule 41. This pattern typically suggests a settlement, licensing deal, or strategic reassessment. IP teams monitoring Aardvark’s enforcement posture should track whether similar actions are filed against other nasal irrigation competitors.
Five clustered patents create a layered enforcement risk for nasal care device makers
Aardvark asserted five patents spanning multiple application numbers in a single nasal irrigation system family. Even though this suit is closed, that portfolio remains active and untested on validity or infringement. Device makers in the nasal care space — particularly those with products resembling the NasalFresh system — face ongoing exposure.
Aardvark v Spa — key questions answered
A voluntary dismissal with prejudice under Rule 41(a)(1)(A)(i) means Aardvark Medical permanently relinquished its right to refile the same infringement claims against Spa Sciences based on the five asserted patents. The dismissal functions as a final judgment on the merits, barring future litigation on the same claims between these parties.
Aardvark Medical asserted five U.S. patents: US11883009B2, US11889995B2, US11883010B2, US9750856B2, and US11318234B2. All five are directed to nasal irrigation system technology. The first three share closely related application numbers, suggesting a continuation patent family. The suit targeted Spa Sciences’ NasalFresh Nasal Irrigation System.
The public record does not disclose the specific reason. Early voluntary dismissal with prejudice — before the defendant has answered — typically suggests the parties reached a private settlement or licensing agreement, or that the plaintiff reassessed its litigation strategy. No court findings on infringement or validity were issued.
Yes. The dismissal with prejudice bars only Aardvark’s claims against Spa Sciences on these patents. The patents themselves remain fully enforceable and can be asserted against other parties. No invalidity or non-infringement ruling was issued, so claim scope remains untested in court.
The case was filed in the Eastern District of Texas (Case No. 2:25-cv-00213) and assigned to Judge Rodney Gilstrap, who handles a substantial share of the district’s patent docket. The case closed on June 13, 2025, 115 days after filing, without any substantive rulings on the merits.
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