DCT
8:24-cv-01865
HydraFacial LLC v. Emiramed USA LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: HydraFacial LLC (California)
- Defendant: Emiramed USA, LLC (Delaware); Miramedtech SP. Zoo. (Poland); Miramedtech Ug (Germany)
- Plaintiff’s Counsel: Knobbe, Martens, Olson & Bear, LLP
- Case Identification: 8:24-cv-01865, C.D. Cal., 08/26/2024
- Venue Allegations: Venue is alleged in the Central District of California based on Defendant eMIRAmed USA's residence and established place of business within the district, and on the foreign defendants' status as alien corporations that have committed acts of infringement in the district.
- Core Dispute: Plaintiff alleges that Defendants’ MIRApeel hydrodermabrasion system infringes four U.S. patents related to integrated skin treatment devices and methods.
- Technical Context: The technology concerns hydrodermabrasion systems, which are aesthetic medical devices used for skin exfoliation, cleansing, and rejuvenation by delivering treatment serums while simultaneously removing waste via vacuum suction.
- Key Procedural History: The complaint alleges Defendants had knowledge of the asserted patents through industry familiarity and Plaintiff's public patent listings. It also alleges that Plaintiff provided direct notice of infringement of U.S. Patent Nos. 11,446,477 and 12,053,607 on August 6, 2024, and of the remaining patents on August 22, 2024, shortly before filing suit.
Case Timeline
| Date | Event |
|---|---|
| 2005-12-30 | Earliest Priority Date for ’052, ’477, ’287, and ’607 Patents |
| 2017-01-24 | U.S. Patent No. 9,550,052 Issues |
| 2018-06-01 | Plaintiff's website allegedly lists '052 Patent (approximate date) |
| 2022-09-20 | U.S. Patent No. 11,446,477 Issues |
| 2024-01-09 | U.S. Patent No. 11,865,287 Issues |
| 2024-08-06 | U.S. Patent No. 12,053,607 Issues |
| 2024-08-06 | Defendants allegedly receive notice letters re: '477 and '607 Patents |
| 2024-08-22 | Defendants allegedly receive notice re: '052 and '287 Patents |
| 2024-08-26 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,550,052 - “CONSOLE SYSTEM FOR THE TREATMENT OF SKIN”
- Issued: January 24, 2017.
The Invention Explained
- Problem Addressed: The patent background describes traditional dermabrasion and microdermabrasion techniques as painful, messy procedures that require significant healing time and can cause undesirable side effects like bleeding or raw-looking skin (’287 Patent, col. 1:44-54).
- The Patented Solution: The invention is a skin treatment system featuring a console that manages fluid flow from multiple treatment material containers through a manifold to a handpiece. The system is designed to allow a user to select different treatment liquids and simultaneously use a vacuum source to draw waste material and abraded skin away from the treatment tip through a separate conduit, creating a more controlled and less messy procedure (’052 Patent, Abstract; col. 5:15-34).
- Technical Importance: This integrated approach sought to combine the benefits of exfoliation, targeted serum delivery, and waste extraction into a single, user-controlled console system, improving upon prior art methods that often treated these as separate, less-controlled steps (’052 Patent, col. 5:15-24).
Key Claims at a Glance
- The complaint asserts at least independent Claim 1 (Compl. ¶40).
- Claim 1 requires:
- A system for performing a skin treatment procedure
- A console including a manifold, in fluid communication with a first and at least a second fluid container
- The containers are configured to hold a liquid treatment material
- A handpiece assembly with a tip configured to contact skin
- A supply conduit placing the manifold in fluid communication with the handpiece
- A manifold configured to control fluid flow from the containers through the supply conduit
- A vacuum source
- A waste conduit in fluid communication with the tip and operatively coupled to the vacuum source
- A configuration that permits a user to select treatment material from either the first or second container for delivery
- A functional step wherein activating the vacuum while the tip contacts skin creates a suction force that removes waste while simultaneously drawing treatment material from one of the containers to the tip
U.S. Patent No. 11,446,477 - “DEVICES AND METHODS FOR TREATING SKIN”
- Issued: September 20, 2022.
The Invention Explained
- Problem Addressed: The patent addresses the limitations of prior art skin abrasion techniques, which are described as often painful and messy, with follow-up procedures like applying moisturizing creams being a separate, subsequent step (’477 Patent, col. 1:29-2:16).
- The Patented Solution: The patent describes an apparatus with a console, a handpiece assembly for treating skin, and a manifold system coupled to the console. The manifold is configured to hold multiple fluid sources (e.g., bottles) and deliver fluid from at least one of those sources to the handpiece assembly, integrating fluid delivery with the treatment process (’477 Patent, Abstract; col. 2:20-29).
- Technical Importance: The invention provides an integrated system where different treatment fluids can be managed by a central console and manifold, allowing for more complex and tailored skin treatment procedures that combine abrasion, fluid delivery, and waste removal in a single device (’477 Patent, col. 5:11-24).
Key Claims at a Glance
- The complaint asserts at least independent Claim 1 (Compl. ¶51).
- Claim 1 requires:
- A manifold system in communication with a first and at least a second container, each configured to contain a treatment material
- The manifold system being positioned in or on a console
- A supply conduit placing the manifold system in fluid communication with a handpiece assembly
- A handpiece assembly comprising a working end with a skin contact surface
- A vacuum source
- A waste conduit for moving waste away from the working end
- At least one control to permit control of fluid flow from the containers to the handpiece
- A vacuum source configured to create a suction force to help remove waste and to help transfer treatment material from the manifold to the handpiece
U.S. Patent No. 11,865,287 - “DEVICES AND METHODS FOR TREATING SKIN”
- Issued: January 9, 2024.
- Technology Synopsis: The ’287 Patent claims a skin treatment system comprising a console configured to receive multiple fluid containers and a "block in the console." This block is configured to selectively receive fluid from the different containers and be in fluid communication with a handpiece when it is connected to the console, allowing for user-controlled selection of treatment fluids from a centralized unit (’287 Patent, Claim 26).
- Asserted Claims: At least independent Claim 26 is asserted (Compl. ¶62).
- Accused Features: The complaint targets the MIRApeel system’s console, its ability to receive multiple serum containers, its internal fluidics ("block"), and its handpiece connectivity (Compl. ¶¶62-71).
U.S. Patent No. 12,053,607 - “DEVICES AND METHODS FOR TREATING SKIN”
- Issued: August 6, 2024.
- Technology Synopsis: The ’607 Patent claims a system with a console, a handpiece with a tip that can be pressed against the skin, and supply and waste lines connected between the handpiece and console. A key feature is a vacuum source configured not only to draw waste material through the waste line but also to draw treatment material from the containers to the handpiece when the tip is pressed against the skin (’607 Patent, Claim 1).
- Asserted Claims: At least independent Claim 1 is asserted (Compl. ¶73).
- Accused Features: The infringement allegations focus on the MIRApeel’s integrated console and handpiece, its supply and waste lines, and its "vacuum-aided" functionality that allegedly draws both treatment serums and waste material as part of a "closed loop system" (Compl. ¶¶73-89).
III. The Accused Instrumentality
Product Identification
- The accused instrumentality is the MIRApeel system (Compl. ¶22).
Functionality and Market Context
- The complaint describes the MIRApeel as a hydrodermabrasion device for treating skin, which competes with Plaintiff's HydraFacial® systems (Compl. ¶¶22, 26). The system includes a console with a manifold that allows a user to control the selection and flow of solutions and vacuum suction (Compl. ¶27). It uses a "MIRAbrasor" handpiece with a detachable tip to apply treatment serums (referred to as "MIRAjolie cosmetic serums") to the skin while a vacuum source creates suction to draw the patient's skin against the tip and remove waste material (Compl. ¶¶26-28). The complaint includes a product brochure image from Exhibit 8 that depicts the MIRApeel console, handpiece, and various cosmetic serums (Compl. ¶26).
IV. Analysis of Infringement Allegations
U.S. Patent No. 9,550,052 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| [a] a console including a manifold, ... in fluid communication with a first fluid container and at least a second fluid container, ... | The MIRApeel system includes a console with an internal manifold that is in fluid communication with multiple serum containers. | ¶40 (p. 12-13) | col. 27:33-41 |
| [a][ii] ... the first fluid container and the at least the second fluid container being configured to contain a treatment material ... wherein the treatment material comprises a liquid; | The MIRApeel system's containers hold "MIRAjolie cosmetic serums," which are liquid treatment materials for skin procedures. | ¶40 (p. 15) | col. 27:42-48 |
| [b] a handpiece assembly comprising a tip, the tip being configured to contact a skin surface of a subject; | The MIRApeel system includes a "MIRAbrasor" handpiece with a detachable tip designed to contact the patient's skin during treatment. | ¶40 (p. 16) | col. 27:49-52 |
| [c] a supply conduit placing the manifold of the console in fluid communication with the handpiece assembly; | The MIRApeel system uses a supply conduit to connect the console's internal manifold to the handpiece assembly for delivering serums. | ¶40 (p. 19) | col. 27:53-56 |
| [e] a vacuum source; | The MIRApeel console has a "vacuum" knob and is described in marketing as using a "vacuum-aided" process, indicating the presence of a vacuum source. | ¶40 (p. 22) | col. 28:23 |
| [f] a waste conduit in fluid communication with the tip of the handpiece assembly to remove waste away from a skin surface... | The MIRApeel handpiece is alleged to use a "closed-loop technology" with two tubes, one of which is a waste conduit for removing waste from the skin via suction. | ¶40 (p. 25) | col. 28:24-32 |
| [h] wherein, when the vacuum source is activated and the tip contacts the skin surface, a suction force is created ... thereby removing waste from the skin surface via the waste conduit while drawing treatment material from the first fluid container or the second fluid container to the tip via the supply conduit. | The complaint alleges that when the MIRApeel's vacuum is on and the tip is on the skin, it simultaneously delivers treatment material via the supply conduit and removes waste via the waste conduit. An Instagram post showing the MIRApeel handpiece is presented as evidence for this "closed-loop technology" (Compl. Ex. 11). | ¶40 (p. 28) | col. 28:38-48 |
U.S. Patent No. 11,446,477 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| [a] a manifold system in communication with a first container and at least a second container, ... the manifold system being positioned in or on a console; | The MIRApeel system includes a console containing an internal manifold system that connects to multiple serum containers. | ¶51 (p. 34-35) | col. 21:18-24 |
| [b] a supply conduit placing the manifold system in fluid communication with a handpiece assembly; | The MIRApeel system uses a supply conduit to connect the manifold system to the handpiece assembly, as shown in marketing photos. | ¶51 (p. 39) | col. 21:25-28 |
| [c] wherein the handpiece assembly comprises a working end having a skin contact surface; | The MIRApeel handpiece has a working end with a tip that makes contact with the patient's skin during treatment. | ¶51 (p. 41) | col. 21:29-32 |
| [d] a vacuum source; | The MIRApeel console includes a vacuum knob and is marketed as combining "vacuum with infusion of active ingredients," indicating a vacuum source. | ¶51 (p. 43) | col. 21:33-34 |
| [g] wherein the vacuum source is configured to ... help transfer at least one treatment material from the manifold system to the handpiece assembly. | The complaint alleges the MIRApeel's "closed-loop" and "vacuum-aided" process uses suction to help transfer serum from the manifold to the handpiece while also removing waste. | ¶51 (p. 49) | col. 21:49-55 |
Identified Points of Contention
- Scope Questions: The complaint alleges the MIRApeel system contains an "internal manifold" (Compl. ¶40, p. 13). A potential point of dispute may be whether the accused product's internal fluid-routing components meet the structural or functional definition of a "manifold" or "manifold system" as understood in the patents.
- Technical Questions: A central technical question arises from the functional claims related to the vacuum source. Both the ’052 and ’477 Patents claim a vacuum that does more than just remove waste; it is also claimed to "draw" or "help transfer" treatment material to the handpiece. The complaint supports this with marketing materials describing a "closed-loop technology" (Compl. Ex. 11). The case may turn on evidence demonstrating whether the accused device's vacuum system is technically configured to perform this delivery-assistance function, or if its primary and intended function is limited to waste removal.
V. Key Claim Terms for Construction
Term: "manifold" / "manifold system"
- Applicable Patents: ’052 and ’477 Patents
- Context and Importance: This term is foundational to the architecture of the claimed inventions. The complaint alleges the accused MIRApeel device contains an "internal" manifold. The construction of this term will be critical to determining if the accused product's internal fluid channeling architecture falls within the scope of the claims.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specifications use the term functionally, stating "A manifold system 24 can control the flow of treatment material from containers 26" (’052 Patent, col. 5:17-19). This functional language may support a construction that is not limited to a specific structure.
- Evidence for a Narrower Interpretation: The figures in the patents consistently depict the manifold (24) as a distinct, block-like component to which containers are attached (e.g., ’052 Patent, Fig. 1, 15A). A party could argue that the term should be construed as being limited to the structure disclosed in these preferred embodiments.
Term: "drawing treatment material...to the tip" / "help transfer...treatment material from the manifold system to the handpiece assembly"
- Applicable Patents: ’052 Patent / ’477 Patent
- Context and Importance: Practitioners may focus on this term because this functional language ascribes a dual purpose to the vacuum source: not only removing waste but actively assisting in the delivery of treatment fluid. The infringement allegation hinges on whether the accused device's vacuum is "configured to" perform this delivery function.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: A party might argue that in any closed-loop system, a vacuum applied at the waste end will create a pressure differential that inherently "helps transfer" fluid throughout the system, thereby meeting the claim language's plain meaning. The patents describe an integrated system where suction and delivery are linked (’477 Patent, col. 5:11-24).
- Evidence for a Narrower Interpretation: The specifications primarily describe the vacuum's role in the context of removing waste and impurities from the skin (’477 Patent, col. 7:60-8:2). A party may argue that the term requires the vacuum to be specifically designed or configured for the purpose of assisting fluid delivery, rather than this being an incidental or inherent effect of a vacuum designed for waste removal.
VI. Other Allegations
Indirect Infringement
- The complaint alleges active inducement, asserting Defendants market and sell the MIRApeel system with knowledge and intent that customers will use it in an infringing manner. This is allegedly supported by providing instructions, training videos, and user manuals that encourage such use (Compl. ¶¶41, 52, 63, 74). Contributory infringement is also alleged on the basis that the MIRApeel system constitutes a material part of the patented invention, is not a staple article of commerce, and is especially made for use in an infringing manner (Compl. ¶¶43, 54, 65, 76).
Willful Infringement
- Willfulness is alleged based on both pre- and post-suit knowledge. The complaint alleges Defendants knew or should have known of the patents due to their status as competitors, Plaintiff's patent marking on its website since at least June 2018, and actual notice letters sent on August 6 and August 22, 2024 (Compl. ¶¶30-34, 37).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "manifold," which is depicted in the patents as a distinct component, be construed broadly enough to read on the alleged "internal" fluidics system of the accused MIRApeel device?
- A key evidentiary question will be one of functional operation: does the accused product's vacuum system merely remove waste from the skin, or is it technically configured to perform the specific, claimed dual function of also actively "drawing" or "transferring" treatment fluid from the console to the handpiece tip? The outcome may depend on evidence regarding the intended design and actual operation of the MIRApeel's fluid dynamics.