DCT

2:24-cv-02480

HydraFacial LLC v. Aesthetic Management Partners LLC

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:24-cv-02480, W.D. Tenn., 07/08/2024
  • Venue Allegations: Venue is alleged to be proper in the Western District of Tennessee because Defendants have a regular and established place of business in the district and have allegedly committed acts of infringement there.
  • Core Dispute: Plaintiff alleges that Defendant’s AquaFirmeXS hydrodermabrasion systems and associated EVO handpiece tips infringe five patents related to integrated skin treatment consoles and removable, functional tips.
  • Technical Context: The technology relates to aesthetic medical devices known as hydrodermabrasion systems, which are used in professional settings like medical spas to exfoliate, cleanse, and hydrate skin simultaneously.
  • Key Procedural History: The complaint alleges that Plaintiff provided Defendant with notice of infringement of four of the asserted patents via a letter on October 10, 2023, and notice of the fifth patent on January 26, 2024, which may form the basis for allegations of willful infringement.

Case Timeline

Date Event
2005-12-30 Earliest Priority Date for all Asserted Patents
2017-01-24 U.S. Patent No. 9,550,052 Issues
2019-07-23 U.S. Patent No. 10,357,641 Issues
2019-07-23 U.S. Patent No. 10,357,642 Issues
2022-09-20 U.S. Patent No. 11,446,477 Issues
2022-11-26 Alleged date of first offer for sale of Accused Product
2023-10-10 Plaintiff sends first pre-suit notice letter to Defendant
2024-01-09 U.S. Patent No. 11,865,287 Issues
2024-01-26 Plaintiff sends second pre-suit notice letter to Defendant
2024-07-08 Complaint Filing Date

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 (’052 Patent)

The Invention Explained

  • Problem Addressed: The patent describes prior art dermabrasion and microdermabrasion techniques as often being painful, messy, and requiring a separate, subsequent application of moisturizing creams because the abrasion process removes moisture from the skin (Compl., Ex. 1, ’052 Patent, col. 1:36-2:13).
  • The Patented Solution: The invention is an integrated system that combines skin exfoliation with the simultaneous delivery of treatment fluids and removal of waste. It features a console with a manifold system that can hold and select from multiple fluid containers, delivering the chosen fluid to a handpiece that contacts the skin, while a vacuum system removes exfoliated skin cells and spent fluid through the same handpiece (Compl., Ex. 1, ’052 Patent, Abstract; col. 5:10-24).
  • Technical Importance: This integrated approach, sometimes called "hydradermabrasion," aimed to provide a more comfortable, effective, and efficient skin treatment by hydrating the skin during the exfoliation process, rather than as a separate post-treatment step (Compl., Ex. 1, ’052 Patent, col. 10:5-13).

Key Claims at a Glance

  • The complaint asserts independent Claim 1 (Compl. ¶35).
  • Essential elements of Claim 1 include:
    • A console including a manifold in fluid communication with at least a first and second fluid container holding a liquid treatment material.
    • A handpiece assembly with a tip configured to contact a subject's skin.
    • A supply conduit placing the manifold in fluid communication with the handpiece assembly.
    • A vacuum source.
    • A waste conduit in fluid communication with the tip and operatively coupled to the vacuum source.
    • The system is configured to permit a user to select which treatment material is delivered.
    • A functional element wherein activating the vacuum while the tip contacts the skin creates a suction force that removes waste via the waste conduit while drawing treatment material from the containers to the tip via the supply conduit.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 11,446,477 - "DEVICES AND METHODS FOR TREATING SKIN," issued September 20, 2022 (’477 Patent)

The Invention Explained

  • Problem Addressed: Similar to the ’052 Patent, this patent addresses the desire to improve upon traditional skin abrasion techniques by integrating fluid delivery and waste removal into a single, comprehensive system (Compl., Ex. 2, ’477 Patent, col. 1:24-42).
  • The Patented Solution: The invention is a skin treatment system featuring a manifold system positioned on a console that communicates with multiple fluid containers. A supply conduit connects the manifold to a handpiece, and a separate waste conduit connects the handpiece to a vacuum source. A key aspect is the use of the vacuum source to create a suction force that not only removes waste but also helps transfer treatment material from the manifold system to the handpiece assembly (Compl., Ex. 2, ’477 Patent, col. 14:15-18).
  • Technical Importance: This patent further details the system architecture for hydradermabrasion, focusing on the vacuum's dual role in both waste removal at the skin surface and assisting with the supply-side fluid transfer from the console to the handpiece (Compl., Ex. 2, ’477 Patent, col. 2:48-3:4).

Key Claims at a Glance

  • The complaint asserts independent Claim 1 (Compl. ¶45).
  • Essential elements of Claim 1 include:
    • A manifold system in communication with at least two containers holding treatment material, with the manifold positioned on a console.
    • A supply conduit connecting the manifold system to a handpiece assembly.
    • A handpiece assembly with a working end having a skin contact surface.
    • A vacuum source.
    • A waste conduit connecting the handpiece and vacuum source to move waste away.
    • At least one control to permit control of fluid flow from the containers.
    • A functional element wherein the vacuum source is configured to create a suction force that helps transfer treatment material from the manifold system to the handpiece assembly.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 11,865,287 - "DEVICES AND METHODS FOR TREATING SKIN," issued January 9, 2024 (’287 Patent)

  • Technology Synopsis: This patent focuses on the internal fluidics of the skin treatment system console. It claims a console containing a "block" that is configured to selectively receive fluid from one of several containers connected to it and to be in fluid communication with both a supply conduit (to the handpiece) and a vacuum source conduit (from the handpiece) (Compl., Ex. 3, ’287 Patent, col. 2:25-34).
  • Asserted Claims: Independent Claim 26 (Compl. ¶55).
  • Accused Features: The complaint alleges that the AquaFirmeXS console contains an internal "block" that receives multiple fluid containers and selectively delivers fluid from them to the handpiece, thereby infringing the ’287 Patent (Compl. ¶55, claim chart elements [c][i]-[c][iii]).

U.S. Patent No. 10,357,641 - "TIPS FOR SKIN TREATMENT DEVICE," issued July 23, 2019 (’641 Patent)

  • Technology Synopsis: This patent is directed to the disposable tip used with a skin treatment handpiece. The claimed tip includes a body with separate internal passages for delivering fluid to and conveying waste away from the tip's distal end. A key feature is the combination of an "outer member" defining the tip's periphery and at least one "inner member" with a "spiral-like pattern" located inside the outer member, which is configured to abrade the skin (Compl., Ex. 4, ’641 Patent, Abstract).
  • Asserted Claims: Independent Claim 1 (Compl. ¶65).
  • Accused Features: The complaint accuses the Defendants' "EVO tips," alleging they have a tip body, separate passages for fluid and waste, an outer periphery, and an inner spiral member configured to abrade skin (Compl. ¶65, claim chart elements [a]-[f]).

U.S. Patent No. 10,357,642 - "REMOVABLE TIPS FOR USE WITH SKIN TREATMENT SYSTEMS," issued July 23, 2019 (’642 Patent)

  • Technology Synopsis: This patent also claims a disposable tip, with an emphasis on its physical construction and geometry. It describes a tip where the body, outer member, and at least one abrading inner member are "monolithically formed" as a single piece. The claims also require the inner member to have a "spiral-like pattern" and be configured to abrade skin (Compl., Ex. 5, ’642 Patent, col. 21:15-22:20).
  • Asserted Claims: Independent Claim 1 (Compl. ¶75).
  • Accused Features: The complaint accuses the "EVO tips," alleging they are monolithically formed as a single piece and include an inner member with a spiral-like pattern that abrades the skin (Compl. ¶75, claim chart elements [d]-[g]).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are the AquaFirmeXS system and the associated "EVO" handpiece tips (Compl. ¶¶17, 20).

Functionality and Market Context

  • The complaint describes the AquaFirmeXS as a competing hydrodermabrasion device that, like Plaintiff's products, performs skin treatment procedures (Compl. ¶¶15, 20). The system includes a console with a user interface, a manifold for holding multiple containers of treatment solutions, and a handpiece connected by conduits (Compl. ¶22). The complaint provides an image showing the AquaFirmeXS console with its handpiece and fluid containers (Compl. p. 7). The handpiece is designed to receive detachable "EVO" tips, which are made of hard plastic and feature raised surfaces and openings for delivering fluid and suctioning waste (Compl. ¶21). The complaint alleges the system uses "vacuum suction, spiral eddy movements and specially formulated solutions to cleanse, exfoliate, uplift and hydrate the skin" (Compl. ¶35, citing Ex. 11).

IV. Analysis of Infringement Allegations

’052 Patent 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 AquaFirmeXS system has a console with an internal manifold structure that couples to multiple fluid containers. An image in the complaint shows the console with callouts for the internal manifold and fluid containers. ¶35 col. 5:14-17
[b] a handpiece assembly comprising a tip, the tip being configured to contact a skin surface of a subject; The AquaFirmeXS includes an "EVO" handpiece with an attached tip that is designed to contact the patient's skin during treatment. ¶35 col. 6:15-18
[c] a supply conduit placing the manifold of the console in fluid communication with the handpiece assembly... A supply conduit connects the manifold within the AquaFirmeXS console to the handpiece assembly. ¶35 col. 5:56-62
[e] a vacuum source; The AquaFirmeXS system is alleged to use "vacuum suction" to perform its functions and therefore must contain a vacuum source. ¶35 col. 8:43-44
[f] a waste conduit in fluid communication with the tip of the handpiece assembly to remove waste away from a skin surface... The AquaFirmeXS system includes a waste conduit that connects the tip of the handpiece to the vacuum source to remove debris from the skin. ¶35 col. 8:1-12
[g] wherein the system is configured to permit a user to select the treatment material from the first fluid container or the at least second fluid container to be delivered... The AquaFirmeXS touchscreen allegedly contains icons that allow a user to select which treatment fluid is delivered to the handpiece. A photograph shows the touchscreen display with selection icons visible. ¶35 col. 5:18-24
[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... to the tip via the supply conduit. It is alleged that the vacuum suction of the AquaFirmeXS system necessarily removes waste along the tip via the waste conduit while simultaneously drawing treatment material to the tip via the supply conduit. ¶35 col. 8:43-55

’477 Patent 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... [ii] the manifold system being positioned in or on a console; The AquaFirmeXS has a manifold system inside its console that is in communication with multiple fluid containers. ¶45 col. 14:15-23
[c] wherein the handpiece assembly comprises a working end having a skin contact surface; The working end of the accused handpiece assembly allegedly has a skin contact surface that contacts the patient's skin during operation. A promotional video screenshot is provided as evidence. ¶45 col. 14:26-28
[d] a vacuum source; The system is alleged to use "vacuum suction" and therefore must comprise a vacuum source. ¶45 col. 14:29-30
[e] a waste conduit in fluid communication with the handpiece assembly and the vacuum source to move waste away from the working end... A waste conduit allegedly connects the handpiece to the vacuum source to remove waste from the working end of the handpiece during treatment. ¶45 col. 14:31-35
[f] at least one control to permit control of a flow of treatment material from the first container and the at least second container through the supply conduit... The AquaFirmeXS console allegedly has a fluid flow controller on its touchscreen to control the flow of treatment material. A photograph shows the fluid flow controller on the system's display. ¶45 col. 14:36-40
[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 that the system's use of vacuum suction to deliver solutions to the skin necessarily means the vacuum source is configured to help transfer the treatment material from the console to the handpiece. ¶45 col. 14:41-47
  • Identified Points of Contention:
    • Functional Operation of Vacuum: A central technical question for both the ’052 and ’477 patents will be the precise function of the accused device's vacuum system. The complaint alleges that the vacuum performs the specific functions claimed, but the analysis may focus on whether the accused product's general-purpose vacuum for waste removal can be shown to perform the distinct, dual functions of "drawing treatment material to the tip" (’052 Patent) or "help[ing] transfer" material from the manifold system (’477 Patent).
    • Scope of "Abrade": For the tip-focused patents (’641 and ’642), a key question may be the definition of "configured to abrade skin." The dispute could involve whether the alleged "spiral eddy movements" of fluid combined with the hard plastic surfaces of the EVO tip perform "abrasion" in the manner contemplated by the patents, or if they perform a different type of cleansing or exfoliation.

V. Key Claim Terms for Construction

  • The Term: "while drawing treatment material... to the tip via the supply conduit" (from Claim 1 of the ’052 Patent)

  • Context and Importance: This term is part of a functional limitation describing a simultaneous, two-part action allegedly performed by the vacuum source: removing waste while also drawing new fluid through the supply line. Practitioners may focus on this term because the infringement allegation appears to infer this specific function from the general operation of the accused device, raising the question of whether the vacuum's suction force acts on the supply conduit as required by the claim.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The specification's general statements that the system provides "simultaneous local treatment and suction" could support a broader reading where any system that vacuums and applies fluid at the same time meets the limitation (Compl., Ex. 1, ’052 Patent, col. 2:1-4).
    • Evidence for a Narrower Interpretation: The detailed description of fluid pathways and the use of separate supply and waste lumens (e.g., lumens 90 and 92 in Fig. 3) may suggest a more specific mechanical operation is required for the suction force to both remove waste from one path while actively drawing new fluid to another (Compl., Ex. 1, ’052 Patent, col. 7:29-41).

  • The Term: "to help transfer at least one treatment material from the manifold system to the handpiece assembly" (from Claim 1 of the ’477 Patent)

  • Context and Importance: This term ascribes a supply-side function to the vacuum source. The infringement case for this patent may depend on whether the vacuum in the AquaFirmeXS system can be shown to do more than just remove waste at the tip; it must be shown to actively assist in moving fluid from the console to the tip.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: Language stating the vacuum "can be used to control fluid flow from a plurality of containers" could suggest that the vacuum's influence on the overall fluid dynamics of the system constitutes "helping transfer" the material (Compl., Ex. 2, ’477 Patent, col. 3:49-51).
    • Evidence for a Narrower Interpretation: The patent describes the system as having pumps and valves to control fluid flow, distinct from the vacuum source (Compl., Ex. 2, ’477 Patent, col. 5:4-5). This could support a narrower interpretation where "help[ing] transfer" requires the vacuum to directly influence the supply-side fluid pressure, a function not typically performed by a waste-side vacuum source.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges both induced and contributory infringement for all five asserted patents. Inducement is alleged based on Defendants' marketing, instructions, and training materials that allegedly encourage customers to use the AquaFirmeXS system in an infringing manner (Compl. ¶¶ 36, 46, 56, 66, 76). Contributory infringement is alleged on the basis that the accused system and tips are material parts of the inventions, are not staple articles of commerce suitable for substantial non-infringing use, and are especially made or adapted for infringement (Compl. ¶¶ 37, 47, 57, 67, 77).
  • Willful Infringement: Willfulness is alleged based on both pre-suit and post-suit knowledge. The complaint asserts pre-suit knowledge by arguing Defendants were familiar with Plaintiff as an "industry leader" and would have researched its patent portfolio, which was allegedly listed on Plaintiff's website since at least June 2018 (Compl. ¶¶ 26-28). It further alleges direct knowledge based on notice letters sent on October 10, 2023 for the ’052, ’477, ’641, and ’642 patents, and on January 26, 2024 for the more recently issued ’287 patent (Compl. ¶29).

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

  • A core issue will be one of functional operation: does the accused AquaFirmeXS vacuum system perform the specific and arguably distinct supply-side and waste-side functions recited in the system patent claims? The case may require detailed evidence on whether the vacuum merely removes waste from the skin or if it also actively "draws" or "helps transfer" new treatment fluid from the console to the handpiece.
  • A second key question will be one of structural interpretation: can the hard plastic, spiral-surfaced "EVO tips" be shown to meet the claim limitation of being "configured to abrade skin"? This may turn on the court's construction of "abrade" and whether the alleged fluid-driven "spiral eddy movements" against the skin constitute the mechanical abrasion described in the tip patents.
  • Finally, a significant evidentiary question will relate to willfulness: what evidence will support the allegation of pre-suit knowledge? The outcome of this question, which hinges on whether Defendants knew or should have known of the patents before receiving explicit notice, could substantially affect the scope of potential damages if infringement is found.