DCT
2:24-cv-10115
Hyper Ice Inc v. Distributing Co LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Hyper Ice, Inc. (California) and Hyperice IP Subco, LLC (Delaware)
- Defendant: FKA Distributing Co., LLC, dba HoMedics (Michigan)
- Plaintiff’s Counsel: Harness, Dickey & Pierce, P.L.C.; Lewis Brisbois Bisgaard & Smith LLP; Miller Barondess LLP
- Case Identification: 2:24-cv-10115, E.D. Mich., 01/16/2024
- Venue Allegations: Plaintiff alleges venue is proper because Defendant has committed acts of infringement in the district, has a regular and established place of business in the district, and is a limited liability company formed in Michigan.
- Core Dispute: Plaintiff alleges that Defendant’s line of "Therapist Select" and "Rebound" percussive massage devices infringes a patent related to the mechanical design and features of such devices.
- Technical Context: The lawsuit concerns the popular and competitive market for handheld, battery-powered percussive massage guns used for muscle therapy and pain relief.
- Key Procedural History: The patent-in-suit issued on January 2, 2024, and the complaint was filed just two weeks later on January 16, 2024. The patent claims priority to applications dating back to 2013 and is a continuation of a line of applications that have resulted in other issued patents.
Case Timeline
| Date | Event |
|---|---|
| 2013-07-01 | Priority Date (Provisional Application 61/841,693) |
| 2018-01-01 | Approx. date Plaintiff's "Hypervolt" line of products launched |
| 2024-01-02 | Issue Date, U.S. Patent No. 11,857,482 |
| 2024-01-16 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 11,857,482 - Massage Device Having Variable Stroke Length
This patent (’482 Patent) issued on January 2, 2024.
The Invention Explained
- Problem Addressed: The patent’s background section states that prior art massaging devices "are bulky, get very hot, are noisy and/or are difficult to use for extended periods of time" (ʼ482 Patent, col. 1:29-32).
- The Patented Solution: The invention is a percussive massage device designed to be more robust and user-friendly. It describes a specific mechanical arrangement including a motor driving a piston in a reciprocating motion via a "Scotch yoke" type mechanism (’482 Patent, col. 5:8-14). A key feature is a "quick-connect system" that allows a user to attach a massaging head to the piston, with some embodiments suggesting this can be done while the device is operating (’482 Patent, col. 6:52-58; col. 7:7-12). The design also contemplates features to reduce noise and wear, such as a spring bar within the drive mechanism to absorb impact (’482 Patent, col. 5:26-48).
- Technical Importance: The claimed features aim to improve the device's durability by reducing noise and wear from mechanical shock, and to enhance usability with a system for easily swapping applicator heads. (ʼ482 Patent, col. 5:19-30).
Key Claims at a Glance
- The complaint asserts infringement of at least independent Claim 1 (Compl. ¶16).
- The essential elements of Claim 1 are:
- a housing;
- a piston having a proximal end and a distal end, the distal end of the piston having a substantially cylindrical bore;
- a motor at least partially within the housing and operatively connected to the proximal end of the piston, wherein the motor is configured to cause the piston to reciprocate at a first speed;
- a drive mechanism that controls 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 is configured to secure the first massaging head to the percussive massager by a proximal end of the massaging head being slid into the bore while the piston reciprocates the predetermined stroke length at the first speed.
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are the "Therapist Select Prime, Therapist Select Plus, Therapist Select Hot & Cold, Therapist Select DuoTemp Pro, Therapist Select Compact, and Rebound percussive massage devices" (Compl. ¶13).
Functionality and Market Context
The complaint describes the accused products generally as "battery-powered percussive massagers" (Compl. ¶16). It does not provide specific technical details on their internal construction or operation, but alleges they are sold to consumers throughout the United States via Defendant's website (Compl. ¶4). No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
’482 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a housing | The complaint alleges the accused products include a housing. | ¶16(a) | col. 3:34-38 |
| a piston having a proximal end and a distal end, the distal end of the piston having a substantially cylindrical bore | The complaint alleges the accused products include a piston with a proximal end, a distal end, and a substantially cylindrical bore at the distal end. | ¶16(b) | col. 6:58-62 |
| a motor at least partially within the housing and operatively connected to the proximal end of the piston, wherein the motor is configured to cause the piston to reciprocate at a first speed | The complaint alleges the accused products have a motor within the housing connected to the piston, configured to make the piston reciprocate. | ¶16(c) | col. 3:39-43 |
| a drive mechanism that controls a predetermined stroke length of the piston | The complaint alleges the accused products include a drive mechanism that controls a predetermined piston stroke length. | ¶16(d) | col. 5:8-14 |
| a quick-connect system... configured to secure the first massaging head... by a proximal end of the massaging head being slid into the bore while the piston reciprocates the predetermined stroke length at the first speed | The complaint alleges the accused products have a quick-connect system configured to secure the massaging head by sliding it into the bore while the piston is reciprocating. | ¶16(e) | col. 6:47-58 |
- Identified Points of Contention:
- Technical Question: The final limitation of Claim 1 requires a quick-connect system "configured to secure the first massaging head... while the piston reciprocates." A key evidentiary question will be whether the accused products' connection mechanism is in fact "configured" for this "hot-swapping" function. The complaint does not provide specific evidence (e.g., from user manuals or testing) that the accused products are designed to, or can safely, attach heads while the device is in motion. The defense may argue that any ability to do so is incidental, not a configured feature.
- Scope Question: The claim recites a "drive mechanism that controls a predetermined stroke length." The patent discloses a specific Scotch yoke mechanism where the stroke length is fixed by the geometry of a crank pin on a flywheel (’482 Patent, col. 11:26-29). The infringement analysis will depend on the specific type of drive mechanism used in the accused products and whether it can be said to "control" a "predetermined" stroke length in the manner contemplated by the patent.
V. Key Claim Terms for Construction
- The Term: "quick-connect system... configured to secure the... head... while the piston reciprocates"
- Context and Importance: This term is the most specific and potentially distinguishing feature of Claim 1. The case may turn on whether the accused products' attachment mechanism meets this functional requirement. Practitioners may focus on this term because it appears to describe a specific use case—attaching a massage head to a moving piston—that may not be a standard or intended function of all such devices.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim uses the general term "configured to," which a plaintiff might argue encompasses any system that is merely capable of performing the function, regardless of whether it is the primary intended use. The specification describes a quick-connect system generally, such as a magnetic one, without explicitly limiting its operation to only a "hot-swapping" context (’482 Patent, col. 6:58-67).
- Evidence for a Narrower Interpretation: A defendant might argue that "configured to" implies a specific design and intent for this function. The specification provides a potential basis for this, noting that in some embodiments the end of the massaging head is "rounded, pointed or tapered... to allow it to easily slip into the opening... even while the piston... is moving" (’482 Patent, col. 7:7-12). This suggests a specific shape may be part of the "configuration" for this function, potentially narrowing the claim's scope to systems with such features.
VI. Other Allegations
The complaint does not provide sufficient detail for analysis of indirect or willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A central issue will be one of functional capability: can Hyperice prove that HoMedics' devices possess a "quick-connect system" that is not just a simple attachment, but is specifically "configured to" allow the attachment of a massage head while the piston is actively reciprocating? The resolution will likely depend on evidence of the accused products' design, testing, and intended use.
- A second key question will be one of structural scope: does the "drive mechanism" in the accused products operate in a way that "controls a predetermined stroke length" as that phrase is understood in light of the patent's specification? This will require a detailed technical comparison between the internal mechanics of the accused products and the embodiments disclosed in the ’482 patent.