DCT

0:25-cv-61262

HydraFacial LLC v. BQ Aesthetix & Co LLC

Log In

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 0:25-cv-61262, S.D. Fla., 06/24/2025
  • Venue Allegations: Venue is alleged as proper because Defendant is organized under Florida law, resides in the Southern District of Florida, and has allegedly committed acts of infringement within the district.
  • Core Dispute: Plaintiff alleges that Defendant’s hydrodermabrasion systems and associated treatment tips infringe seven patents related to integrated skin treatment consoles, fluid management systems, and removable tips.
  • Technical Context: The technology concerns hydrodermabrasion systems, which are aesthetic devices that exfoliate, cleanse, and hydrate the skin by delivering therapeutic liquids while simultaneously using vacuum suction to remove dead skin cells and impurities.
  • Key Procedural History: The complaint alleges that Plaintiff sent Defendant cease and desist letters on March 21, 2025, and May 30, 2025, providing Defendant with pre-suit knowledge of the asserted patents and its alleged infringement, which may form the basis for claims of willful infringement.

Case Timeline

Date Event
2005-12-30 Earliest Priority Date (’477, ’287, ’607, ’641, ’642 Patents)
2006-03-29 Earliest Priority Date (’052, ’089 Patents)
2011-11-01 U.S. Patent No. 8,048,089 Issues
2017-01-24 U.S. Patent No. 9,550,052 Issues
2019-07-23 U.S. Patent Nos. 10,357,641 and 10,357,642 Issue
2022-09-20 U.S. Patent No. 11,446,477 Issues
2023-12-31 Alleged instructional use of Accused Products begins (approx.)
2024-01-09 U.S. Patent No. 11,865,287 Issues
2024-08-06 U.S. Patent No. 12,053,607 Issues
2025-03-21 Plaintiff sends first cease and desist letter to Defendant
2025-05-30 Plaintiff sends second cease and desist letter to Defendant
2025-06-24 Complaint Filed

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

U.S. Patent No. 9,550,052 - “CONSOLE SYSTEM FOR THE TREATMENT OF SKIN” (’052 Patent)

The Invention Explained

  • Problem Addressed: The patent background describes prior art skin abrasion techniques like dermabrasion as painful and messy, while microdermabrasion techniques, which use a stream of grit, remove moisture from the skin and require subsequent application of moisturizing creams that may not penetrate effectively ('089 Patent, col. 1:36-52).
  • The Patented Solution: The invention is an integrated console-based system that simultaneously treats and hydrates the skin. It features a console with a manifold connected to multiple containers of treatment liquids ("serums"), a handpiece with a treatment tip, a supply line to deliver serums to the tip, and a waste line with a vacuum source to remove exfoliated skin and spent fluid ('052 Patent, col. 6:11-34). This allows for a continuous process of exfoliation, cleansing, and hydration controlled through a single system ('052 Patent, Fig. 1).
  • Technical Importance: The claimed solution combines mechanical exfoliation, fluid delivery, and vacuum waste removal into a single, user-controllable process, aiming to provide a more effective and less harsh skin treatment than prior methods ('052 Patent, col. 6:46-51).

Key Claims at a Glance

  • The complaint asserts independent Claim 1 (Compl. ¶36).
  • Claim 1 of the '052 Patent includes these essential elements:
    • A console including a manifold in fluid communication with a first and at least a second fluid container holding a liquid treatment material.
    • A handpiece assembly with a tip configured to contact skin.
    • A supply conduit connecting the manifold to the handpiece assembly.
    • The manifold is configured to control the flow of treatment material 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 to remove waste.
    • The system is configured to permit user selection of treatment material for delivery.
    • When the vacuum is active and the tip contacts skin, a suction force removes waste via the waste conduit while drawing treatment material from a selected container to the tip.

U.S. Patent No. 11,865,287 - “DEVICES AND METHODS FOR TREATING SKIN” (’287 Patent)

The Invention Explained

  • Problem Addressed: As with related patents in the portfolio, this invention addresses the need for a comprehensive skin treatment system that overcomes the shortcomings of prior messy or dehydrating procedures ('089 Patent, col. 1:36-52).
  • The Patented Solution: This patent focuses on the fluidic architecture and operational logic of a skin treatment apparatus. The claims describe a system where the connectivity of both the fluid containers and the handpiece to a console enables a "fluid control member" (e.g., a manifold) to selectively draw treatment material to the handpiece using a vacuum source ('287 Patent, col. 22:50-col. 23:12). The invention emphasizes the integrated nature of the system, where connecting the components enables the specific functionality of vacuum-assisted fluid delivery and waste removal ('287 Patent, Abstract).
  • Technical Importance: The claimed architecture provides an integrated system where the vacuum source serves a dual purpose: removing waste from the skin surface and actively drawing selected treatment fluids to the handpiece, ensuring a controlled and simultaneous treatment process ('287 Patent, col. 7:26-40).

Key Claims at a Glance

  • The complaint asserts independent Claim 11 (Compl. ¶47).
  • Claim 11 of the '287 Patent includes these essential elements:
    • A console with a fluid control member in fluid communication with at least a first and second container when connected.
    • A handpiece assembly configured to contact skin.
    • A waste conduit in fluid communication with the handpiece and a vacuum source.
    • When the handpiece assembly is connected to the console, the fluid control member is in fluid communication with it.
    • The apparatus is configured to selectively draw treatment material from either container to the handpiece using, at least in part, a vacuum created at the distal end of the handpiece by the vacuum source.

U.S. Patent No. 11,446,477 - “DEVICES AND METHODS FOR TREATING SKIN” (’477 Patent)

  • Technology Synopsis: The '477 Patent claims a skin treatment system comprising a manifold positioned in or on a console, which is in communication with multiple fluid containers. The system uses a vacuum source to create suction that helps remove waste from the handpiece's working end and also helps transfer treatment material from the manifold system to the handpiece ('477 Patent, Abstract).
  • Asserted Claims: Independent Claim 1 (Compl. ¶58).
  • Accused Features: The complaint alleges that the Accused Products’ console, internal manifold system, supply and waste conduits, vacuum source, and user controls for selecting fluid flow infringe the '477 patent (Compl. p. 34-38).

U.S. Patent No. 12,053,607 - “DEVICES AND METHODS FOR TREATING SKIN” (’607 Patent)

  • Technology Synopsis: The '607 Patent claims a skin treatment system where a console is configured to receive multiple fluid containers and is connected to a handpiece via a supply line for sequentially delivering treatment material. A key aspect is a vacuum source configured to perform the dual function of drawing waste material from the handpiece for disposal and drawing treatment material from the selected container to the handpiece when the tip is pressed against the skin ('607 Patent, col. 22:1-21).
  • Asserted Claims: Independent Claim 1 (Compl. ¶69).
  • Accused Features: The complaint accuses the systems' touch screen interface, which allegedly allows sequential selection and delivery of different serums, and the vacuum source that draws both waste and treatment fluid (Compl. pp. 41-43).

U.S. Patent No. 8,048,089 - “APPARATUS AND METHODS FOR TREATING THE SKIN” (’089 Patent)

  • Technology Synopsis: The '089 Patent is directed to the structure of the removable tip used with a skin treatment device. It claims a tip with a skirt portion to couple to a handpiece, a central body with separate first (supply) and second (waste) passages, and a protruding member in a "generally spiral fashion" on the tip's distal face that defines a channel between the passages and has a sharp edge to abrade skin ('089 Patent, col. 28:1-38).
  • Asserted Claims: Independent Claim 1 (Compl. ¶80).
  • Accused Features: The complaint accuses the Defendant's "Luxe Tip," alleging it has the claimed skirt, central body, separate fluid passages, and a spiral-shaped protruding member with a sharp edge for exfoliation (Compl. pp. 46-55).

U.S. Patent No. 10,357,641 - “TIPS FOR SKIN TREATMENT DEVICE” (’641 Patent)

  • Technology Synopsis: The '641 Patent claims a removable tip for a skin treatment device, focusing on its abrasive and fluid-handling structures. The invention describes a tip body with supply and waste passages, an "outer member" defining the periphery of the tip's working end, and at least one "inner member" with a spiral-like pattern configured to abrade skin ('641 Patent, col. 21:16-34).
  • Asserted Claims: Independent Claim 1 (Compl. ¶91).
  • Accused Features: The complaint alleges the "Luxe Tip" infringes by having a tip body with distinct passages, an outer peripheral member, and a spiral inner member that abrades skin (Compl. pp. 58-64).

U.S. Patent No. 10,357,642 - “REMOVABLE TIPS FOR USE WITH SKIN TREATMENT SYSTEMS” (’642 Patent)

  • Technology Synopsis: The '642 Patent claims a removable tip distinguished by being "monolithically formed" (i.e., made as a single piece). The tip comprises a body, at least one vacuum hole for removing fluid and debris, an outer member defining a periphery, and an inner member with a spiral-like pattern configured to abrade skin, where all these features are formed as a single unit ('642 Patent, col. 22:5-20).
  • Asserted Claims: Independent Claim 1 (Compl. ¶101).
  • Accused Features: The "Luxe Tip" is accused of infringing by being a single piece of manufactured plastic that incorporates a tip body, vacuum holes, an outer member, and a spiral inner member for abrasion (Compl. pp. 67-74).

III. The Accused Instrumentality

Product Identification

The complaint identifies the accused instrumentalities as the "GENESIS system" and the "Belle Lueur Pro" system, as well as the associated "Luxe Tip" used with these systems (collectively, the "Accused Products") (Compl. ¶¶19-20, 22).

Functionality and Market Context

The Accused Products are described as hydrodermabrasion devices used for aesthetic skin treatments (Compl. ¶21). The complaint alleges they include a console with a touch screen, multiple fluid containers for holding different "serums," a handpiece connected to the console via tubing, and a removable tip (the "Luxe Tip") (Compl. ¶¶21-23, 25). An image provided in the complaint shows the Accused Products include a console with a touch screen, which Plaintiff alleges is used to control functionalities like the selection and flow of solutions and vacuum suction (Compl. p. 7).

The system allegedly uses a vacuum source to create suction for extracting debris from the skin and includes separate conduits for delivering serums and removing waste (Compl. ¶¶23-24). The complaint alleges Defendant markets the Accused Products as competing with Plaintiff's HydraFacial systems, claiming in one comparison that its Genesis Device is a "more advanced and versatile option for med spas" (Compl. ¶¶17, 29).

IV. Analysis of Infringement Allegations

’052 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a console including a manifold, The Accused Products each have a console that includes an internal manifold structure that facilitates switching between multiple "hydro solution jars." ¶36 (pp. 11-12) col. 6:11-13
the manifold being in fluid communication with a first fluid container and at least a second fluid container, The manifold is allegedly in fluid communication with multiple fluid containers that couple to it inside the console. ¶36 (p. 13) col. 6:14-16
a handpiece assembly comprising a tip, the tip being configured to contact a skin surface of a subject; The systems include a handpiece with a removable tip that is shown in marketing materials contacting a patient's skin during treatment. ¶36 (pp. 14-16) col. 6:20-23
a supply conduit placing the manifold of the console in fluid communication with the handpiece assembly... Tubing that contains a supply conduit connects the internal manifold to the handpiece assembly. ¶36 (pp. 16-17) col. 6:24-28
wherein the manifold is configured to control a flow of treatment material from the first fluid container and at least the second fluid container through the supply conduit; The manifold is allegedly configured to switch between serums based on user input, thereby controlling which fluid flows to the handpiece. ¶36 (p. 18) col. 6:29-32
a vacuum source; Promotional videos allegedly state that a user can "control the vacuum," and the system's "water-powered exfoliation process" is said to occur via a vacuum source. ¶36 (pp. 18-19) col. 6:33-33
a waste conduit ... to remove waste away from a skin surface ... operatively coupled to the vacuum source; The tubing allegedly includes a second conduit for waste that is in fluid communication with the tip and is connected to the vacuum system to move waste to a container. ¶36 (pp. 19-22) col. 6:34-39
wherein the system is configured to permit a user to select the treatment material... to be delivered through the supply conduit; The Accused Products' touch screens allegedly feature icons corresponding to the fluid containers, allowing a user to select which serum to deliver. ¶36 (pp. 22-23) col. 6:46-51
wherein, when the vacuum source is activated and the tip contacts the skin surface, a suction force is created ... thereby removing waste ... while drawing treatment material... The complaint alleges on information and belief that activating the vacuum simultaneously removes waste and draws the selected serum to the tip. ¶36 (p. 24) col. 6:52-60
  • Identified Points of Contention:
    • Scope Questions: A central question may be whether the internal fluid switching mechanism in the Accused Products constitutes a "manifold" as that term is used in the patent. The defense may argue for a narrower construction based on specific embodiments in the specification, while the plaintiff will likely advocate for a broader functional definition.
    • Technical Questions: What evidence demonstrates that the manifold is "configured to control a flow of treatment material"? The complaint points to user selection via a touch screen (Compl. p. 23), but the case may require a deeper technical showing of how the internal valve system operates to meet this limitation. The final element, requiring simultaneous waste removal and fluid drawing driven by the same vacuum activation, presents a complex functional requirement whose presence in the accused devices will be a key factual dispute.

’287 Patent Infringement Allegations

Claim Element (from Independent Claim 11) Alleged Infringing Functionality Complaint Citation Patent Citation
a console that includes a fluid control member that is configured to be in fluid communication with at least a first container and a second container when... connected to the fluid control member; The Accused Products have a console with an internal "fluid control member" (manifold) to which multiple fluid containers are connected. ¶47 (pp. 27-28) col. 5:15-20
a handpiece assembly configured to contact a skin surface of a subject; The systems include a handpiece assembly for contacting skin, as previously alleged for the '052 Patent. ¶47 (p. 28) col. 5:21-22
a waste conduit configured to be in fluid communication with the handpiece assembly and a vacuum source to move waste away... The systems include a waste conduit and vacuum source for waste removal, as previously alleged. ¶47 (p. 29) col. 7:31-36
wherein when the handpiece assembly is connected to the console, the fluid control member is configured to be in fluid communication with the handpiece assembly; Tubing allegedly connects the handpiece to the console, placing the internal fluid control member in fluid communication with the handpiece. ¶47 (pp. 29-30) col. 5:23-25
the skin treatment apparatus is configured to selectively draw treatment material from the first container or the second container to the handpiece assembly using, at least in part, a vacuum created along a distal end... The complaint realleges its theory from the '052 Patent analysis that the vacuum system is used to draw treatment material to the tip. ¶47 (p. 31) col. 7:26-33
  • Identified Points of Contention:
    • Scope Questions: The term "fluid control member" will be a central point of construction. The dispute will likely mirror that of "manifold" in the '052 Patent, focusing on whether the accused internal structure meets the claimed definition.
    • Technical Questions: The core of the dispute for this patent will likely be the final limitation: proving the apparatus is "configured to selectively draw treatment material... using, at least in part, a vacuum." This requires showing not just that a vacuum exists and that fluid is delivered, but that the vacuum is the mechanism used to draw the selected fluid from the containers to the handpiece. The complaint relies on its earlier allegations for the '052 Patent, which will require significant evidentiary support.

V. Key Claim Terms for Construction

’052 Patent

  • The Term: "manifold" (Claim 1)
  • Context and Importance: This term is the central component for managing the multiple fluid sources, which is a core concept of the invention. The infringement case hinges on whether the accused systems' internal fluid-switching architecture constitutes a "manifold."
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: Claim 1 describes the manifold functionally as being in "fluid communication" with containers and "configured to control a flow of treatment material." This functional language may support a broad construction that covers any structure performing these roles ('052 Patent, col. 22:1-12).
    • Evidence for a Narrower Interpretation: The specification discloses a specific "manifold system 24 that holds containers 26" (Compl. p. 12, citing '052 Patent at 14:26-28). The detailed description shows this as a physical block into which bottle closures are inserted ('052 Patent, Fig. 15A). A defendant may argue this disclosure limits the term to a structure that physically holds or directly receives the containers, rather than a more remote valving system.

’287 Patent

  • The Term: "fluid control member" (Claim 11)
  • Context and Importance: This term is analogous to "manifold" in the '052 Patent and is foundational to the infringement theory against the '287 Patent. Its construction will determine whether the accused system's architecture falls within the claim scope.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claims define the "fluid control member" by its function: being "configured to be in fluid communication with" the containers and the handpiece when they are connected ('287 Patent, col. 22:50-65). This functional description could be argued to cover a wide range of valving and fluid routing systems.
    • Evidence for a Narrower Interpretation: The specification repeatedly equates the "fluid control member" with the "manifold system" described in related applications ('287 Patent, col. 5:15-20). A defendant could argue that the term should therefore be limited to the physical manifold structures depicted in the patent figures (e.g., '287 Patent, Fig. 15A), which show a distinct block for holding containers.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges induced infringement against all asserted patents, stating that Defendant provides "marketing, product information, and instructional materials that encourage, demonstrate, and otherwise direct" customers and end users to operate the Accused Products in an infringing manner (Compl. ¶¶38, 49, 60, 71, 82, 93, 103).
  • Willful Infringement: The complaint alleges willful infringement based on Defendant’s alleged knowledge of the asserted patents. This knowledge is asserted to have been established, at the latest, upon receiving cease and desist letters from HydraFacial on March 21, 2025, and May 30, 2025 (Compl. ¶¶39, 43, 50, 61, 72, 83, 94, 104). The continuation of infringing activities after these dates is alleged to constitute willful, intentional, and deliberate infringement.

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

  • A core issue will be one of technical and definitional scope: does the internal fluid-routing architecture of the Genesis and Belle Lueur Pro systems constitute a "manifold" or "fluid control member" as those terms are defined by the patents? The case will likely involve a detailed examination of how the accused devices switch between different serums and whether that mechanism operates in a manner consistent with the claims and specification.
  • A key evidentiary question will be one of functional operation: can Plaintiff prove that the Accused Products are "configured to selectively draw treatment material... using, at least in part, a vacuum," as required by claims in the '287 and '607 patents? This will require more than showing the system has a vacuum; it will require evidence that the vacuum is the driving force for drawing selected fluids from the containers to the handpiece, a complex technical assertion that will be central to the dispute.
  • For the tip-focused patents ('089, '641, '642), a central question will be one of structural equivalence: does the "Luxe Tip" contain a "protruding member extending in a generally spiral fashion" that is "configured to abrade skin"? The dispute may turn on the precise geometry and material properties of the accused tip's surface features and whether they meet the specific structural and functional limitations of the claims.