DCT
2:21-cv-09079
Therabody Inc v. Legend Group Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Therabody, Inc. (Delaware)
- Defendant: Legend Group Inc. (New York); TJX Companies, Inc. (Delaware)
- Plaintiff’s Counsel: Jeffer Mangels Butler & Mitchell LLP
- Case Identification: 2:21-cv-09079, C.D. Cal., 04/06/2022
- Venue Allegations: Plaintiff alleges venue is proper because Defendant Legend Group Inc. maintains offices within the district, Defendant TJX Companies, Inc. has numerous places of business in the district, and both Defendants have committed alleged acts of infringement in the district, including distribution, marketing, and sales.
- Core Dispute: Plaintiff alleges that Defendants’ percussive massage devices infringe twelve of its patents—three utility and nine design—which protect the distinctive triangular multi-grip handle design and functional elements of its massage guns.
- Technical Context: The technology at issue involves handheld percussive massage devices, which have become a significant product category in the consumer health and wellness market.
- Key Procedural History: The complaint notes that Plaintiff sent cease-and-desist letters to Defendants on August 11, 2021, September 23, 2021, and December 22, 2021, putting Defendants on notice of the asserted intellectual property rights prior to the filing of the lawsuit.
Case Timeline
| Date | Event |
|---|---|
| 2017-03-14 | Earliest Priority Date for ’448, ’064, and ’722 Patents |
| 2020-03-31 | U.S. Patent No. D879,985 Issued |
| 2020-03-31 | U.S. Patent No. D879,986 Issued |
| 2020-04-07 | U.S. Patent No. D880,714 Issued |
| 2020-04-07 | U.S. Patent No. D880,715 Issued |
| 2020-04-07 | U.S. Patent No. D880,716 Issued |
| 2020-05-19 | U.S. Patent No. D884,915 Issued |
| 2020-05-26 | U.S. Patent No. D885,601 Issued |
| 2020-06-16 | U.S. Patent No. D887,573 Issued |
| 2020-07-07 | U.S. Patent No. 10,702,448 Issued |
| 2020-09-15 | U.S. Patent No. D896,396 Issued |
| 2020-12-08 | U.S. Patent No. 10,857,064 Issued |
| 2021-08-11 | Plaintiff first became aware of "First Infringing Device" |
| 2021-09-23 | Plaintiff first became aware of "Second Infringing Device" |
| 2021-11-02 | U.S. Patent No. 11,160,722 Issued |
| 2022-02-26 | Plaintiff first became aware of "Third Infringing Device" |
| 2022-04-06 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,702,448 - "Percussive Massage Device and Method of Use," Issued July 7, 2020
The Invention Explained
- Problem Addressed: The patent background identifies a need for an improved massage device, noting that existing devices often provide "ineffective massages that are superficial and do not provide any real benefit" (’448 Patent, col. 1:30-32).
- The Patented Solution: The invention is a percussive massage device featuring a distinctive housing with three handle portions that cooperate to form a triangle around a central opening (’448 Patent, Abstract). This configuration is designed to provide ergonomic versatility, allowing a user to grasp different handle portions to massage various body parts from multiple angles (’448 Patent, col. 1:46-54).
- Technical Importance: The multi-grip triangular frame addresses the ergonomic challenge of self-applying percussive therapy to hard-to-reach areas of the body, a limitation of traditional single-grip or "pistol-style" massage devices (’448 Patent, col. 1:46-54).
Key Claims at a Glance
- The complaint asserts at least dependent Claim 8, which relies on independent Claim 6 (Compl. ¶106).
- The essential elements of independent Claim 6 are:
- A housing with first, second, and third handle portions that cooperate to define a handle opening.
- The handle portions define first, second, and third axes that cooperate to form a triangle.
- The handle portions are configured such that a user can grasp any of them independently.
- The handle portions are "generally straight."
- An electrical source, a motor, a switch, and a reciprocating push rod assembly.
- Claim 8 adds the limitation that the device includes switch electronics, a battery housed in the second handle portion, and switch electronics housed in the first handle portion (’448 Patent, col. 24:5-10). The complaint does not explicitly reserve the right to assert other claims for this patent.
U.S. Patent No. 10,857,064 - "Percussive Therapy Device," Issued December 8, 2020
The Invention Explained
- Problem Addressed: As a continuation of the family including the ’448 Patent, this patent addresses the same general need for an improved and more effective percussive massage device (’064 Patent, col. 1:33-35).
- The Patented Solution: This patent claims a percussive therapy device with a similar triangular multi-grip handle structure, but specifically claims that the motor is positioned in the "head portion" of the housing (’064 Patent, Abstract). The "head portion" is the part of the housing from which the reciprocating arm extends, distinct from the handle portions. This configuration is illustrated in figures such as FIG. 1, showing the motor (406) located in the head portion (12).
- Technical Importance: Positioning the motor in the head portion of the device, rather than in one of the handle grips, may alter the device's weight distribution, balance, and thermal management, potentially affecting user comfort and the effective delivery of percussive force (’064 Patent, col. 20:25-30).
Key Claims at a Glance
- The complaint asserts at least independent Claim 11 (Compl. ¶122).
- The essential elements of Claim 11 are:
- A housing with first, second, and third handle portions and a head portion that cooperate to define a handle opening.
- The handle portions define axes that cooperate to form a triangle.
- A user can grasp any of the handle portions independently.
- A motor positioned in the head portion of the housing.
- Each handle portion includes an interior edge and is "long enough" for at least a portion of three user fingers to extend through the opening and contact the edge.
- The complaint does not explicitly reserve the right to assert other claims for this patent.
Multi-Patent Capsule: U.S. Patent No. 11,160,722
- Patent Identification: U.S. Patent No. 11,160,722, "Percussive Massage Device and Method of Use," Issued November 2, 2021 (Compl. ¶33).
- Technology Synopsis: This patent, part of the same family as the ’448 and ’064 patents, also claims a percussive massage device with a triangular multi-handle design. The claims focus on the "interior edge" of each handle portion, specifying that the extended lines of these interior edges cooperate to define a triangle surrounding the handle opening (’722 Patent, col. 24:50-60).
- Asserted Claims: At least Claim 18 (independent) (Compl. ¶138).
- Accused Features: The complaint alleges that the accused products' first, second, and third handle portions have interior edges that form a triangle around a handle opening, allowing for independent grasping (Compl. ¶140).
Multi-Patent Capsule: U.S. Design Patents
- Patent Identification: D880,714; D880,715; D885,601; D887,573; D880,716; D896,396; D879,985; D879,986; and D884,915 (Compl. ¶¶36-62).
- Technology Synopsis: These nine design patents claim the ornamental appearance of various embodiments of the triangular-shaped percussive massage device. They protect the overall visual impression of the device's shape, proportions, and surface features, rather than its utilitarian function.
- Asserted Claims: The single claim of each design patent.
- Accused Features: The complaint alleges that the accused products are "substantially the same" in overall appearance as the patented designs to an ordinary observer, pointing to features such as the triangular shape, relative dimensions of the handle and head, rounded head portion, and circular medallion on the head (Compl. ¶¶152, 163, 174, 185, 196, 207, 218, 229, 240).
III. The Accused Instrumentality
- Product Identification: The complaint names the "TRAKK PRO," "TRAKK ELITE," and "strettoPro" percussive massage devices as the accused instrumentalities (collectively, the "Infringing Products") (Compl. ¶64).
- Functionality and Market Context: The accused products are handheld, powered massage devices that deliver rapid, repetitive strokes (Compl. ¶107). The complaint includes several annotated images showing that the accused devices feature a housing with three distinct handle portions arranged in a triangle around a central opening, with a reciprocating massage head extending from the housing. An annotated photograph of the TRAKK PRO device shows callouts for a "housing," "first handle portion," "second handle portion," "third handle portion," and a "handle opening" (Compl. ¶108). The products are allegedly sold through major e-commerce platforms like Amazon and retailers including TJX, Walmart, and Office Depot, placing them in direct competition with Plaintiff's products (Compl. ¶¶65-66).
IV. Analysis of Infringement Allegations
10,702,448 Patent Infringement Allegations
| Claim Element (from Independent Claim 6 and Dependent Claim 8) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a housing, wherein the housing includes first, second and third handle portions that cooperate to define a handle opening | The accused products include a housing with first, second, and third handle portions forming a handle opening. | ¶108 | col. 1:40-42 |
| wherein the first handle portion defines a first axis, the second handle portion defines a second axis and the third handle portion defines a third axis, and wherein the first, second and third axes cooperate to form a triangle | The axes of the three handle portions on the accused products cooperate to form a triangle. | ¶109 | col. 1:42-45 |
| wherein the first handle portion is generally straight, the second handle portion is generally straight and the third handle portion is generally straight | The first, second, and third handle portions of the accused products are each alleged to be generally straight. | ¶110 | col. 2:21-23 |
| an electrical source | The accused products include an electrical source. | ¶111 | col. 1:40-41 |
| wherein the electrical source is a battery that is housed in the second handle portion | The electrical source in the accused products is a battery, which is housed in the second handle portion. | ¶112 | col. 24:7-8 |
| wherein the switch includes switch electronics... and the switch electronics are housed in the first handle portion | The accused products include switch electronics that are housed in the first handle portion. | ¶112 | col. 24:5-10 |
10,857,064 Patent Infringement Allegations
| Claim Element (from Independent Claim 11) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a housing, wherein the housing includes first, second and third handle portions and a head portion that cooperate to define a handle opening | The accused products include a housing with three handle portions and a head portion that form a handle opening, as shown in an annotated photograph. | ¶124 | col. 2:38-41 |
| a motor positioned in the head portion of the housing | The accused products include a motor that is positioned in the head portion of the housing. | ¶125 | col. 2:44-45 |
| wherein the first handle portion includes a first handle portion interior edge and defines a first handle portion length, wherein the first handle portion length is long enough that when a user grasps the first handle portion with a hand at least a portion of three fingers extend through the handle opening and contact the first handle portion interior edge | The first handle portion of the accused products is alleged to be long enough for a user's hand with at least three fingers extending through the handle opening to contact its interior edge. | ¶126 | col. 2:4-9 |
| wherein the second handle portion includes a second handle portion interior edge ... length is long enough that ... at least a portion of three fingers extend through the handle opening and contact the second handle portion interior edge | The second handle portion of the accused products is alleged to be long enough for a user's hand with at least three fingers extending through the handle opening to contact its interior edge. | ¶126 | col. 2:9-15 |
| wherein the third handle portion includes a third handle portion interior edge ... length is long enough that ... at least a portion of three fingers extend through the handle opening and contact the third handle portion interior edge | The third handle portion of the accused products is alleged to be long enough for a user's hand with at least three fingers extending through the handle opening to contact its interior edge. | ¶126 | col. 2:15-20 |
Identified Points of Contention:
- Scope Questions: A central issue may be the construction of dimensional and descriptive terms. For the ’448 Patent, the term "generally straight" may be disputed if the accused products have ergonomic curves. For the ’064 Patent, the phrase "long enough" for the handle portions introduces a degree of subjectivity that will likely require judicial interpretation based on the patent's specification and figures.
- Technical Questions: For the ’064 Patent, a key factual question may be whether the motor in the accused products is technically "positioned in the head portion" as required by claim 11. The precise boundary between the "head portion" and the rest of the housing will be a critical factual determination for infringement.
V. Key Claim Terms for Construction
The Term: "generally straight" (’448 Patent, Claim 6)
- Context and Importance: The infringement reading for the ’448 patent depends on the accused device's handle portions meeting this description. Defendants may argue their products feature curved, ergonomic handles that fall outside the scope of this term, making its construction pivotal.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent specification provides an explicit definition: "'Generally straight' means that the majority of the handle portion is straight, but can include rounded edges or corners where the different handle portions meet" (’448 Patent, col. 2:22-26).
- Evidence for a Narrower Interpretation: A party might argue that the primary embodiments shown in the patent's figures (e.g., FIG. 14, 25, 29) depict handle portions with minimal curvature, suggesting the term should be construed narrowly to cover only designs closely resembling those depicted.
The Term: "head portion" (’064 Patent, Claim 11)
- Context and Importance: Infringement of asserted claim 11 requires the motor to be located in the "head portion." As this defines the placement of a core functional component, its definition is critical to the infringement analysis. Practitioners may focus on this term because its boundaries within the device's housing are not explicitly defined.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent's abstract describes a device where "the motor is positioned in the head portion of the housing." Throughout the specification, the "head portion" (e.g., item 12 in FIG. 1) is consistently shown as the structure from which the reciprocating arm emerges and which contains the motor (406), suggesting it encompasses the entire forward mechanical assembly.
- Evidence for a Narrower Interpretation: A defendant could argue that the "head portion" should be construed more narrowly to mean only the most forward part of the device, and that the motor is actually located further back in the main body of the housing, thereby creating a factual dispute over the motor's location relative to the construed term.
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced and contributory infringement for all three asserted utility patents. The allegations are based on Defendants' marketing, promoting, offering for sale, and selling the accused products with the knowledge and intent that end-users would use them in an infringing manner. The complaint cites the August 11, 2021 cease-and-desist letter as establishing pre-suit knowledge (Compl. ¶¶113-114, 130-131, 144-145).
- Willful Infringement: For all asserted patents, the complaint alleges that Defendants' infringement has been and continues to be willful and deliberate, particularly after receiving notice of the alleged infringement via Plaintiff's letters (Compl. ¶¶119, 135, 149, 160, etc.).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: How will the court construe crucial but potentially ambiguous claim terms such as "generally straight" and "head portion"? The resolution of these terms will be a primary determinant of infringement for the asserted utility patents.
- A second key issue will be the application of design patent law: Will an ordinary observer, when comparing the accused products to the nine asserted design patents, find the overall ornamental appearances to be substantially the same? This analysis will be complicated by the fact that the core triangular shape is also the subject of utility patent claims, raising the question of functionality.
- A third central question will be one of functionality versus ornamentality: Defendants may argue that the triangular multi-grip design, claimed as ornamental in the design patents, is in fact dictated by its ergonomic function, as described in the utility patents. The extent to which the design is deemed functional could significantly impact the validity and scope of the asserted design patents.