DCT

8:25-cv-00657

Foshan Huiya Ziyi E Commerce Co Ltd v. Hyper Ice Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 8:25-cv-00657, C.D. Cal., 07/22/2025
  • Venue Allegations: Venue is alleged to be proper because both Defendants reside in the district and because a substantial part of the events giving rise to the claim, namely Defendants' filing of patent infringement reports through Amazon, occurred within the judicial district.
  • Core Dispute: Plaintiffs, sellers of percussive massagers on Amazon, seek a declaratory judgment that their products do not infringe three of Defendants' patents and that those patents are invalid, following Defendants' infringement reports to Amazon which resulted in the delisting of Plaintiffs' products.
  • Technical Context: The dispute concerns the technology of handheld electronic percussive massage devices, a widely popular category of consumer products used for muscle recovery and therapy.
  • Key Procedural History: This case was initiated as a declaratory judgment action by Plaintiffs after Defendants filed patent infringement reports with Amazon.com against Plaintiffs' products. In response to Plaintiffs' initial complaint, Defendants asserted a counterclaim for infringement of a third patent, broadening the scope of the dispute.

Case Timeline

Date Event
2013-07-01 Priority Date for '051, '082, and '826 Patents
2024-03-26 U.S. Patent No. 11,938,082 Issued
2024-11-05 U.S. Patent No. 12,133,826 Issued
2025-01-28 U.S. Patent No. 12,208,051 Issued
2025-03-12 Defendants file first infringement report with Amazon (’051 Patent)
2025-04-01 Plaintiffs file original declaratory judgment complaint
2025-05-15 Defendants file second infringement report with Amazon (’082 Patent)
2025-06-19 Defendants withdraw certain Amazon complaints
2025-07-08 Date until which some of Plaintiffs' products remained delisted
2025-07-22 Second Amended Complaint filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 12,208,051 - "Massage Device with a Releasable Connection for a Massaging Head"

  • Patent Identification: U.S. Patent No. 12,208,051, titled "Massage Device with a Releasable Connection for a Massaging Head," issued January 28, 2025 (Compl. ¶¶41, 44; ’051 Patent, cover page).

The Invention Explained

  • Problem Addressed: The patent’s background section states that prior art vibrating massage devices suffer from deficiencies, noting they are often "bulky, get very hot, are noisy and/or are difficult to use for extended periods of time" (’051 Patent, col. 1:31-34).
  • The Patented Solution: The invention is a handheld percussive massager featuring a specific combination of mechanical components, including a motor, a reciprocating piston, and a drive mechanism (’051 Patent, Abstract). A key feature highlighted in the complaint is a "quick-connect system which allows a user to switch massage heads 'without turning off the massaging device'" (Compl. ¶42, citing ’051 Patent, col. 6:55-56). This system is illustrated in the patent’s figures, such as the overall device view in FIG. 1 (’051 Patent, FIG. 1).
  • Technical Importance: The claimed solution appears directed at improving the user experience and versatility of personal massage devices by simplifying the process of changing applicator heads.

Key Claims at a Glance

  • The complaint identifies Claim 1 as the sole independent claim asserted (Compl. ¶46).
  • The essential elements of Claim 1 include:
    • a housing;
    • a piston having a proximal end and a distal end, the distal end of the piston having a bore;
    • a motor operatively connected to the proximal end of the piston, wherein the motor is configured to cause the piston to reciprocate at a first speed along a longitudinal axis;
    • a bearing that assists in constraining the piston to reciprocate along the longitudinal axis;
    • a drive mechanism that determines a predetermined stroke length of the piston; and
    • a quick-connect system comprising the distal end of the piston and a first massaging head, wherein the quick-connect system allows a proximal end of the first massaging head to be inserted into or removed from the bore while the piston reciprocates the predetermined stroke length at the first speed (Compl. ¶46; ’051 Patent, col. 10:1-17).
  • The complaint notes that all other claims of the patent depend from Claim 1 (Compl. ¶46).

U.S. Patent No. 11,938,082 - "Massage Device Having Variable Stroke Length"

  • Patent Identification: U.S. Patent No. 11,938,082, titled "Massage Device Having Variable Stroke Length," issued March 26, 2024 (Compl. ¶¶58, 61; ’082 Patent, cover page).

The Invention Explained

  • Problem Addressed: Sharing a specification with the ’051 Patent, the ’082 patent identifies the same problems in the prior art: existing massage devices are "bulky, get very hot, are noisy and/or are difficult to use for extended periods of time" (’082 Patent, col. 1:31-34).
  • The Patented Solution: The patent describes a percussive massager with a similar mechanical structure to the ’051 Patent, including a quick-connect system for changing massage heads during operation (Compl. ¶59). The title and specification also disclose a "lost motion system" for varying the stroke length of the piston, which can be implemented via a hydraulic mechanism, allowing for adjustment of the massage intensity (’082 Patent, FIG. 7; col. 7:21-65).
  • Technical Importance: This technology suggests an advancement in providing a more customizable massage by enabling on-the-fly adjustment of both the massage head and the percussion depth.

Key Claims at a Glance

  • The complaint identifies two independent claims: Claim 1 (an apparatus) and Claim 18 (a method of assembly) (Compl. ¶¶62, 63, 64).
  • The essential elements of Claim 1 (apparatus) include:
    • a housing;
    • a piston with a bore at its distal end;
    • a motor configured to cause the piston to reciprocate;
    • a drive mechanism that controls a predetermined stroke length; and
    • a quick-connect system configured to allow a massaging head to be inserted or removed from the bore while the piston reciprocates (Compl. ¶63; ’082 Patent, col. 10:1-12).
  • The essential elements of Claim 18 (method) largely mirror the structural limitations of Claim 1, requiring steps of:
    • operatively connecting a motor to a piston;
    • providing a drive mechanism to control stroke length; and
    • providing a quick-connect system for the massaging head (Compl. ¶64; ’082 Patent, col. 11:4-17).
  • The complaint states that sixteen dependent claims derive from independent Claim 1 (Compl. ¶62).

U.S. Patent No. 12,133,826 - "Massage Device With a Releasable Connection for a Massing Head"

  • Patent Identification: U.S. Patent No. 12,133,826, titled "Massage Device With a Releasable Connection for a Massing Head," issued November 5, 2024 (Compl. ¶¶69, 72).
  • Technology Synopsis: This patent addresses the same general problems in prior art massagers as the '051 and '082 patents ('826 Patent, col. 1:31-34). Its solution is also a percussive massager with a quick-connect system for swapping heads "without turning off the massage device," but its independent claim adds specific details about the drive mechanism, requiring it to comprise "a flywheel operatively connected to the output shaft of the motor" (Compl. ¶¶70, 74).
  • Asserted Claims: The complaint identifies independent Claim 1 as being asserted (Compl. ¶74).
  • Accused Features: The complaint seeks a declaratory judgment that the "Accused Products" do not infringe the '826 patent, implicating the overall mechanical design and operation of the Plaintiffs' massagers (Compl. ¶¶11, 39, 77).

III. The Accused Instrumentality

Product Identification

The accused products are the Model No. JA-G4, referred to as the "10mm Massager," and the Model No. JA-G5, referred to as the "12mm Massager" (collectively, the "Accused Products") (Compl. ¶30(i)-(ii)).

Functionality and Market Context

The Accused Products are handheld percussive massagers sold by Plaintiffs through the "FVZ-US" storefront on Amazon.com (Compl. ¶30). The complaint includes a marketing image showing the "10mm Massager" along with its packaging and several interchangeable massage heads (Compl. p. 6). The complaint alleges that Amazon is Plaintiffs' "only sales channel in the United States," making the delisting of these products due to Defendants' infringement reports a significant commercial issue (Compl. ¶36).

IV. Analysis of Infringement Allegations

As this is a complaint for a declaratory judgment of non-infringement, it does not contain affirmative allegations of infringement or a corresponding claim chart. Instead, the complaint makes broad assertions that the Accused Products "fail to practice every limitation of any valid and enforceable claim" of the patents-in-suit (Compl. ¶¶56, 67, 77). Therefore, a claim chart summarizing infringement allegations cannot be constructed from the provided document.

  • Identified Points of Contention:
    • Scope Questions: A central dispute may concern the scope of the term "drive mechanism," which the complaint repeatedly characterizes as "never defined" in the patents (Compl. ¶¶42, 59, 70). This raises the question of whether the term should be interpreted broadly to cover any mechanism that translates motor rotation into piston reciprocation, or more narrowly limited to the specific "Scotch yoke" embodiment disclosed in the shared specification (’051 Patent, col. 5:14-16).
    • Technical Questions: A key technical question arises from the claim language requiring a "quick-connect system" that "allows" a massaging head to be removed "while the piston reciprocates" (’051 Patent, col. 10:13-17; ’082 Patent, col. 10:8-12). The analysis will question what evidence exists that the Accused Products are designed for, or are merely capable of, such removal during active operation, and whether this capability meets the claim limitation as properly construed. The complaint's focus on prior art also suggests a potential dispute over whether the claims can be interpreted broadly enough to read on the Accused Products without also encompassing technology that is old in the art (Compl. ¶¶48-54).

V. Key Claim Terms for Construction

  • The Term: "a quick-connect system ... wherein the quick-connect system allows a proximal end of the first massaging head to be inserted into or removed from the bore while the piston reciprocates" (from Claim 1 of the ’051 and ’082 Patents).

  • Context and Importance: This limitation is a core element of the asserted independent claims and its construction is critical to the infringement analysis. Practitioners may focus on this term because the phrase "while the piston reciprocates" sets a specific and potentially demanding functional requirement. The dispute may turn on whether "allows" means the system is specifically designed for safe removal during operation, or if it is met by any physical connection that does not mechanically prevent it.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The specification describes the feature as allowing a user to "quickly switch massaging heads," which could support an interpretation focused on the general convenience of the feature without requiring a specific mode of operation (’051 Patent, col. 6:54-55).
    • Evidence for a Narrower Interpretation: The claim language itself is highly specific about the condition ("while the piston reciprocates"). A party may argue that this implies a system designed to function in this manner, not one where removal during operation is merely a theoretical possibility that could be unsafe or damaging to the device.

  • The Term: "a drive mechanism" (from Claim 1 of the ’051 and ’082 Patents).

  • Context and Importance: The construction of this term is central to defining the overall scope of the claimed apparatus, and the complaint highlights that the term is not explicitly defined (Compl. ¶¶42, 59).

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The term itself is generic. In the absence of an explicit definition or disclaimer, a party could argue for its plain and ordinary meaning, which would encompass a wide variety of mechanical linkages that convert motor rotation to linear motion.
    • Evidence for a Narrower Interpretation: The specification provides a detailed description of a single embodiment: a "Scotch yoke" drive that includes a flywheel (212), crank pin (213), and crank bearing (214) (’051 Patent, col. 5:4-16; FIG. 4). A party may argue that the term "drive mechanism" should be limited to this disclosed structure and its equivalents, particularly if needed to distinguish the claims from prior art.

VI. Other Allegations

  • Indirect Infringement: Plaintiffs seek a declaratory judgment that their products do not constitute "contributory patent infringement and/or induced patent infringement" (Compl. ¶¶88, 100, 112). However, as a declaratory judgment complaint, it does not plead specific facts regarding knowledge or intent that would typically support such allegations.

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of functional scope: Can the claim requirement that the quick-connect system "allows" head removal "while the piston reciprocates" be met by any connection that does not physically lock the head during operation, or must the system be affirmatively designed for safe and intended swapping while the device is actively running? The resolution of this question will likely determine infringement for a central claim limitation.
  • A second key issue will be the interplay between claim scope and validity. Plaintiffs have presented several prior art references for percussive massagers with electric motors and interchangeable heads (Compl. ¶¶48-54). This raises a critical question for the case: can the asserted claims be construed broadly enough to cover the Accused Products without also being rendered invalid as obvious or anticipated by the prior art?