3:25-cv-01074
Hyper Ice Inc v. Namirsa Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Hyper Ice, Inc. and Hyperice IP Subco, LLC (California and Delaware)
- Defendant: Namirsa Inc. (Florida)
- Plaintiff’s Counsel: Lewis Brisbois Bisgaard & Smith LLP
- Case Identification: 3:25-cv-01074, M.D. Fla., 09/12/2025
- Venue Allegations: Venue is alleged to be proper in the Middle District of Florida because Defendant is a Florida corporation with an established place of business, a physical store, in Jacksonville, Florida, where acts of infringement have allegedly occurred.
- Core Dispute: Plaintiff alleges that Defendant’s percussive massage guns infringe seven of its utility and design patents related to the mechanical construction, battery systems, and ornamental design of such devices.
- Technical Context: The technology relates to handheld, battery-powered percussive massage devices, a product category that has gained significant market traction for athletic recovery and personal wellness.
- Key Procedural History: The complaint alleges that Defendant had knowledge of the patents by no later than July 2, 2025, forming the basis for a willful infringement claim. Plaintiff also notes its compliance with virtual patent marking requirements since at least October 2021.
Case Timeline
| Date | Event |
|---|---|
| 2013-07-01 | Priority Date for ’482, ’082, and ’826 Patents |
| 2018-02-22 | Priority Date for ’574, ’708, ’317, and ’822 Patents |
| 2019-08-06 | Issue Date for U.S. Patent No. D855,822 |
| 2020-02-18 | Issue Date for U.S. Patent No. 10,561,574 |
| 2020-06-02 | Issue Date for U.S. Patent No. D886,317 |
| 2021-02-09 | Issue Date for U.S. Patent No. 10,912,708 |
| 2024-01-02 | Issue Date for U.S. Patent No. 11,857,482 |
| 2024-03-26 | Issue Date for U.S. Patent No. 11,938,082 |
| 2024-11-05 | Issue Date for U.S. Patent No. 12,133,826 |
| 2025-07-02 | Alleged date of Defendant's knowledge of patents |
| 2025-09-12 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,561,574, Battery-Powered Percussive Massage Device, issued February 18, 2020
The Invention Explained
- Problem Addressed: The patent background describes conventional percussive massage devices as often being expensive, large, heavy, tethered to a power source, and noisy due to their mechanical designs ('574 Patent, col. 1:38-49).
- The Patented Solution: The invention is a portable, battery-powered device featuring a specific structural arrangement. It includes a main enclosure, a motor, and a reciprocation assembly that translates the motor's rotation into the piston's back-and-forth motion ('574 Patent, col. 5:12-32). A key aspect is the design of a removable battery assembly that also functions as the device's handle, with a precisely defined electrical interface between the battery and the main body ('574 Patent, col. 5:46-6:7). Figure 9 illustrates the components of the lower housing and battery assembly, including the battery assembly receiving tray (200) and leaf spring contacts (204A-C) ('574 Patent, Fig. 9).
- Technical Importance: This integrated battery-and-handle design aims to improve portability and ergonomics in a field where earlier devices were often cumbersome.
Key Claims at a Glance
- The complaint asserts independent Claim 1 (Compl. ¶24).
- Claim 1 Elements:
- A battery-powered percussive massage device comprising:
- a main enclosure extending along a longitudinal axis, having a proximal and distal end, and including a longitudinal cavity;
- a motor having a rotatable shaft;
- a reciprocation assembly coupled to the shaft, including a piston, configured to reciprocate the piston along a reciprocation axis, and positioned within the longitudinal cavity;
- an applicator head removably attachable to the piston;
- a battery assembly receiving enclosure extending from the main enclosure;
- a battery assembly receiving tray within the longitudinal cavity, aligned with the receiving enclosure, having an inner perimeter, and having at least a first and second electrical contact positioned within the inner perimeter; and
- a battery assembly with a contact end having an outer perimeter, at least a first and second electrical contact on the outer perimeter to engage the contacts of the receiving tray, and an outer gripping surface.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 10,912,708, Battery-Powered Percussive Massage Device, issued February 9, 2021
The Invention Explained
- Problem Addressed: The problem is consistent with the '574 patent: a need for improved portable, less noisy percussive massage devices (’708 Patent, col. 1:40-51).
- The Patented Solution: This patent focuses on the device's handle and its integrated user-facing indicators. The invention describes a handle that houses the battery and a printed circuit board (PCB) with a battery controller (’708 Patent, col. 7:1-9). A distinctive feature is a charge indication display composed of LEDs on the PCB that emit light outward toward the edge of the board, which is then propagated to the exterior of the handle by an "annular light transmissive ring" (’708 Patent, col. 7:10-21). This provides a 360-degree visual indicator of the battery's charge status.
- Technical Importance: The use of an annular light ring provides an elegant and easily visible user interface for monitoring battery life, an improvement over small, directionally-limited indicator lights.
Key Claims at a Glance
- The complaint asserts independent Claim 1 (Compl. ¶30).
- Claim 1 Elements:
- A battery-powered percussive massage device comprising: a main enclosure, motor, reciprocation assembly with piston, and applicator head;
- a handle attached to the main enclosure, the handle comprising:
- a cavity housing at least one battery and a printed circuit board (PCB);
- the PCB including a battery controller for charging;
- the PCB having a mounting surface with a peripheral edge;
- an outer gripping surface on the handle;
- a charge indication display with a plurality of LEDs on the PCB's mounting surface near its peripheral edge;
- the LEDs generating light responsive to a charge condition, with the light emitted outward toward the peripheral edge of the PCB; and
- an annular light transmissive ring positioned around the handle, aligned with the LEDs, to propagate light to the outside of the handle.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
Multi-Patent Capsule: U.S. Patent No. D886,317, Percussive Massage Device, issued June 2, 2020
Technology Synopsis
This is a design patent claiming the ornamental design for a percussive massage device. The protection is for the visual appearance of the device as shown in the patent figures, not its functional or structural features (Compl. ¶9; D'317 Patent).
Asserted Claims
The claim is for "The ornamental design for a percussive massage device, as shown and described" (Compl. ¶35; D'317 Patent, "CLAIM").
Accused Features
The complaint alleges that the overall appearance of the Namirsa Pro massage gun infringes the claimed design. The complaint provides a side-by-side comparison of the accused product and a figure from the D'317 Patent to support this allegation (Compl. p. 11-12).
Multi-Patent Capsule: U.S. Patent No. D855,822, Percussive Massage Device, issued August 6, 2019
Technology Synopsis
This design patent claims the ornamental design for a percussive massage device, similar to the D'317 patent but showing slightly different visual features in its figures (Compl. ¶10; D'822 Patent).
Asserted Claims
The claim is for "The ornamental design for a percussive massage device, as shown and described" (Compl. ¶40; D'822 Patent, "CLAIM").
Accused Features
The complaint alleges that the Namirsa Pro massage gun infringes this claimed design and provides a representative image of the product alongside a patent figure (Compl. p. 13-14).
Multi-Patent Capsule: U.S. Patent No. 11,857,482, Massage Device Having Variable Stroke Length, issued January 2, 2024
Technology Synopsis
This utility patent describes a percussive massager focused on the quick-connect system for attaching massaging heads. The invention allows a massaging head to be secured by sliding its proximal end into a bore at the distal end of the piston, even while the piston is reciprocating (’482 Patent, col. 1:33-47). This facilitates rapid changing of applicator heads during use.
Asserted Claims
Claim 1 is asserted (Compl. ¶46).
Accused Features
The complaint accuses the "Namirsa Pro and Namirsa Mini massage guns" of infringing the '482 Patent, indicating that their systems for attaching massaging heads practice the claimed invention (Compl. ¶45). The complaint includes an image showing both accused products (Compl. p. 16).
Multi-Patent Capsule: U.S. Patent No. 11,938,082, Massage Device Having Variable Stroke Length, issued March 26, 2024
Technology Synopsis
This patent is from the same family as the '482 patent and also focuses on the quick-connect system. The claims describe a system where the massaging head can be inserted into or removed from the piston's bore while the piston is actively reciprocating (’082 Patent, Abstract). This feature is aimed at user convenience.
Asserted Claims
Claim 1 is asserted (Compl. ¶52).
Accused Features
The complaint accuses the Namirsa Pro and Namirsa Mini massage guns of infringing the '082 Patent (Compl. ¶51).
Multi-Patent Capsule: U.S. Patent No. 12,133,826, Massage Device With A Releasable Connection For A Massaging Head, issued November 5, 2024
Technology Synopsis
Also from the same family as the '482 and '082 patents, this patent details the drive mechanism and quick-connect system. It specifies a flywheel connected to the motor's output shaft that drives the piston's reciprocation, in combination with a quick-connect system that allows the massaging head to be connected or removed during operation (’826 Patent, Abstract).
Asserted Claims
Claim 1 is asserted (Compl. ¶58).
Accused Features
The complaint accuses the Namirsa Pro and Namirsa Mini massage guns of infringing the '826 Patent (Compl. ¶57).
III. The Accused Instrumentality
Product Identification
The accused products are the "Namirsa Pro massage gun" and the "Namirsa Mini massage gun" (Compl. ¶23, ¶45).
Functionality and Market Context
The complaint describes the accused products as battery-powered percussive massage guns offered for sale and sold by Defendant at its physical store in Jacksonville, Florida, and through its e-commerce website and Instagram account (Compl. ¶21, ¶23). A representative image of the Namirsa Pro shows a device with a T-shaped body, where the vertical portion serves as a handle and the horizontal portion contains the motor and reciprocating mechanism, with a spherical applicator head attached (Compl. p. 5). Another image shows both the Namirsa Pro and the smaller Namirsa Mini, indicating they share a similar overall configuration (Compl. p. 16). The complaint does not provide further technical details on the operation or market positioning of the accused products.
IV. Analysis of Infringement Allegations
The complaint does not provide detailed claim charts mapping specific product features to claim elements. Instead, it asserts that the accused products meet the limitations of the asserted claims literally or under the doctrine of equivalents (Compl. ¶24, ¶30).
’574 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a main enclosure extending along a longitudinal axis...the main enclosure including a longitudinal cavity | The complaint alleges the Namirsa Pro has a main enclosure with these features. | ¶24 | col. 5:21-26 |
| a motor having a rotatable shaft | The complaint alleges the Namirsa Pro has a motor with a rotatable shaft. | ¶24 | col. 8:56-58 |
| a reciprocation assembly coupled to the rotatable shaft...configured to reciprocate the piston | The complaint alleges the Namirsa Pro has a reciprocation assembly with these features. | ¶24 | col. 5:29-32 |
| an applicator head having a proximal end removably attachable to the piston | The complaint alleges the Namirsa Pro has a removable applicator head. | ¶24 | col. 8:64-66 |
| a battery assembly receiving enclosure extending from the main enclosure | The complaint alleges the Namirsa Pro has a battery assembly receiving enclosure. | ¶24 | col. 5:32-35 |
| a battery assembly receiving tray within the longitudinal cavity...having an inner perimeter...having at least a first electrical contact and a second electrical contact positioned within the inner perimeter | The complaint alleges the Namirsa Pro has a battery receiving tray with this specific contact configuration. | ¶24 | col. 6:34-45 |
| a battery assembly having a free end and a contact end...the contact end...having at least a first electrical contact and a second electrical contact positioned on the outer perimeter to engage the...contacts of the...receiving tray | The complaint alleges the Namirsa Pro has a battery assembly with this specific contact configuration. | ¶24 | col. 6:46-51 |
Identified Points of Contention
- Structural Questions: The complaint's allegations regarding the '574 Patent hinge on a highly specific structural arrangement for the battery interface. A central question will be whether the accused Namirsa Pro contains a "battery assembly receiving tray" with electrical contacts positioned on its "inner perimeter" that engage with corresponding contacts located on the "outer perimeter" of the battery assembly's contact end, as claimed. The complaint provides no specific evidence, such as tear-downs or internal diagrams, to substantiate this structural allegation.
- Scope Questions: The interpretation of "tray," "inner perimeter," and "outer perimeter" will be critical. The defendant may argue that its product uses a different, non-infringing battery connection mechanism, raising a dispute over whether the accused structure falls within the scope of these claim terms.
’708 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a handle attached to the main enclosure, the handle comprising: a cavity, the cavity housing at least one battery and a printed circuit board | The complaint alleges the Namirsa Pro handle has a cavity housing a battery and PCB. | ¶30 | col. 7:1-9 |
| a charge indication display, the charge indication display comprising a plurality of light-emitting diodes (LEDs) positioned on the mounting surface of the printed circuit board near the peripheral edge | The complaint alleges the Namirsa Pro has a charge display with LEDs positioned near the edge of a PCB. | ¶30 | col. 7:10-15 |
| the LEDs generating light responsive to a charge condition...the light emitted outward from the LEDs toward the peripheral edge of the printed circuit board | The complaint alleges the Namirsa Pro's LEDs emit light outward toward the PCB edge. | ¶30 | col. 7:15-18 |
| an annular light transmissive ring positioned around the handle in alignment with the LEDs to propagate light from the LEDs to the outside of the handle | The complaint alleges the Namirsa Pro uses an annular light transmissive ring to display the charge status. | ¶30 | col. 7:19-21 |
Identified Points of Contention
- Technical Questions: The infringement theory for the '708 Patent requires a specific light path: from LEDs, emitted "outward...toward the peripheral edge" of the PCB, and then propagated by an "annular light transmissive ring." A key question is whether the accused product's light-up ring, visible at the base of the handle in the complaint's image (Compl. p. 8), operates via this specific mechanism. The complaint does not provide evidence of the internal PCB and LED layout of the accused device to confirm this light path.
- Scope Questions: The term "annular light transmissive ring" may be a focus of claim construction. The dispute may turn on whether the accused product's light-up element meets the structural and functional requirements of this term as described in the patent.
V. Key Claim Terms for Construction
For the ’574 Patent
The Term: "battery assembly receiving tray"
- Context and Importance: This term is central to the claimed battery interface. Its construction will determine whether a wide range of battery housing structures could infringe, or if infringement is limited to structures closely resembling the specific tray-like component shown in the patent's figures. Practitioners may focus on this term because the complaint's infringement theory depends on the accused product having this specific internal component, for which no direct evidence is provided.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: Claim 1 describes the tray functionally as being "within the longitudinal cavity" and "aligned with the battery receiving enclosure." This could support an argument that any internal structure that receives and aligns the battery constitutes a "tray."
- Evidence for a Narrower Interpretation: The detailed description repeatedly refers to a specific component, "receiving tray 200," which includes "a plurality of leaf spring contacts" ('574 Patent, col. 6:34-42; Fig. 9). This linkage to a specific embodiment with leaf springs could support a narrower construction limited to such structures.
The Term: "positioned within the inner perimeter" / "positioned on the outer perimeter"
- Context and Importance: These reciprocal terms define the precise location of the electrical contacts that connect the handle to the battery. The viability of the infringement case depends on the accused product having contacts at these exact relative locations.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The terms themselves are geometric and could be argued to apply to any configuration where one set of contacts is radially inside another set at the connection interface.
- Evidence for a Narrower Interpretation: Figure 9 of the '574 patent shows a specific embodiment where the tray's contacts (204A-C) are inside the physical boundary of the tray, and the battery's contacts (206A-C) are on the top edge of the battery assembly. This could be used to argue that "inner perimeter" requires contacts to be physically inside a tray wall, and "outer perimeter" requires contacts on the external circumferential edge of the battery's contact end.
VI. Other Allegations
Indirect Infringement
The complaint does not contain specific counts for indirect infringement (induced or contributory).
Willful Infringement
The complaint alleges willful infringement for all asserted patents. This allegation is based on the claim that Defendant had knowledge of the Hyperice Patents "By no later than July 2, 2025" and subsequently acted with "willful, intentional, and conscious disregard" of Plaintiff's patent rights (Compl. ¶18, ¶27, ¶33, ¶38, ¶43, ¶49, ¶55, ¶61).
VII. Analyst’s Conclusion: Key Questions for the Case
This case presents a broad assertion of both utility and design patent rights against competing products. The resolution will likely depend on the answers to several central questions:
- A core issue will be one of structural correspondence: Does the internal construction of the accused Namirsa products, particularly the battery-to-handle electrical interface, incorporate the specific "receiving tray" with contacts on its "inner perimeter" as required by claim 1 of the ’574 patent? The lack of specific factual allegations on this point in the complaint suggests this will be a primary area of dispute during discovery.
- A second key question will be one of ornamental similarity: Is the overall visual appearance of the Namirsa Pro massage gun "substantially the same" as the designs claimed in the D'317 and D'822 patents, from the perspective of an ordinary observer? This will involve a side-by-side comparison of the products and the patent figures, focusing on the claimed ornamental features.
- A final evidentiary question will be one of functional implementation: Do the accused products' mechanisms for attaching applicator heads operate by allowing the head to be "inserted into or removed from the bore while the piston reciprocates," as claimed in the '482 patent family? This will require a technical analysis of how the accused quick-connect systems function during operation.