3:22-cv-02604
Luraco Health & Beauty LLC v. Luong
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Luraco Health & Beauty, LLC (Texas)
- Defendant: Christopher Lac Luong, Sam Nguyen, Lexor Store, LLC, Pro Spa Depot, LLC (Texas)
- Plaintiff’s Counsel: Norred Law, PLLC
- Case Identification: 3:22-cv-02604, N.D. Tex., 11/18/2022
- Venue Allegations: Venue is based on the individual defendants’ residence within the Northern District of Texas and the corporate defendants’ formation and operations within the district.
- Core Dispute: Plaintiff alleges that Defendants’ pedicure spa water jet pumps infringe five patents related to improved bearing and shaft assemblies for magnetically coupled spa pumps.
- Technical Context: The technology concerns magnetically driven, pipeless water jet pumps for pedicure spas, a design approach intended to improve sanitation, reliability, and ease of maintenance over traditional piped systems.
- Key Procedural History: The complaint notes that this suit is related to a prior case (3:18-CV-01933-S) involving the same patents against other companies also owned by Defendant Christopher Luong. Plaintiff states it expects to file a motion to join the suits. The complaint also alleges that an affiliated company, Lexor, Inc., purchased Plaintiff's products for testing shortly before beginning to produce the accused products.
Case Timeline
| Date | Event |
|---|---|
| 2013-06-20 | Earliest Priority Date for all Asserted Patents |
| 2018-03-27 | U.S. Patent No. 9,926,933 Issued |
| 2019-02-26 | U.S. Patent No. 10,215,177 Issued |
| 2019-02-26 | U.S. Patent No. 10,215,178 Issued |
| 2019-05-14 | U.S. Patent No. 10,288,071 Issued |
| 2019-05-28 | U.S. Patent No. 10,302,088 Issued |
| 2022-11-18 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,926,933 - “Bearing and Shaft Assembly for Jet Assemblies”
The Invention Explained
- Problem Addressed: The patent describes technical challenges with conventional spa jet pumps, including the failure of seals leading to motor damage, the difficulty of cleaning extensive piping systems, and the high vibration and noise resulting from imperfect alignment in magnetic coupling-type pumps (’933 Patent, col. 1:26-53).
- The Patented Solution: The invention is an improved internal bearing and shaft assembly for a jet pump. It features a nested, sleeve-type bearing system (a plastic outer member and a rubber-like inner member) that houses a shaft assembly (a central shaft member and a hard protective member). This entire assembly is designed to fit compactly within the cavity of a magnetic impeller, aiming to improve alignment, reduce vibration, and enhance durability in the chemically harsh spa environment (’933 Patent, col. 2:1-40; Abstract).
- Technical Importance: This self-contained assembly design enables more robust and reliable magnetically coupled "wet ends" for spa jets, which are critical for meeting the sanitation and maintenance demands of the pedicure industry (’933 Patent, col. 1:36-40).
Key Claims at a Glance
- The complaint asserts infringement of claims 1-64 (Compl. ¶23, 26). Independent claim 1 is detailed in the complaint.
- Essential elements of independent claim 1 include:
- A sleeve-type bearing assembly with an outer bearing member (made of plastic) and a sleeve-type inner bearing member (made of rubber or rubber-like material).
- The outer member is configured to fit within a magnetic impeller's cavity, and the inner member is configured to fit within the outer member's cavity.
- A shaft assembly with a shaft member and a shaft protection member (made of a hard material), which is secured within a jet assembly housing.
- The components are configured such that the shaft assembly fits within the inner bearing member, which fits within the outer bearing member, which in turn fits inside the magnetic impeller.
- The complaint does not explicitly reserve the right to assert dependent claims but alleges infringement of claims 1-64 wholesale (Compl. ¶23).
U.S. Patent No. 10,288,071 - “Bearing and Shaft Assembly for Jet Assemblies”
The Invention Explained
- Problem Addressed: As a continuation of the application leading to the ’933 Patent, this patent addresses the same technical problems of reliability, sanitation, and operational vibration in spa jet pumps (’071 Patent, col. 1:26-53).
- The Patented Solution: The invention is a combination apparatus including the jet assembly and a mounting housing member. The claims focus on the interaction between these components, including a specific requirement that a bearing member rotates above a base of a shaft protection member, and the inclusion of a locking mechanism to prevent the jet assembly housing from rotating relative to the mounting housing during operation (’071 Patent, Abstract; col. 2:5-24).
- Technical Importance: This patent builds on the core assembly by claiming the broader system context, including how the jet assembly securely and stably integrates with the spa basin, a key factor for practical installation and use (’071 Patent, col. 2:5-24).
Key Claims at a Glance
- The complaint asserts infringement of claims 1-19, 22-23, 25-26, and 28-30 (Compl. ¶107).
- Essential elements of independent claim 1 include:
- A combination jet assembly and mounting housing member apparatus.
- The jet assembly includes a bearing assembly, a shaft assembly, a magnetic impeller, and a housing.
- The bearing assembly has at least one member configured so its first end rotates above the top surface of a shaft protection member's base during operation.
- The mounting housing member is configured to mount to a basin wall.
- A locking mechanism secures the jet assembly housing to the mounting housing member to prevent rotation during use.
- The complaint does not explicitly reserve the right to assert dependent claims but lists specific dependent claims among those asserted (Compl. ¶107).
U.S. Patent No. 10,302,088 - “Pump Having a Contactless, Fluid Sensor for Dispensing a Fluid to a Setting”
Technology Synopsis
The patent addresses the inability of traditional water sensors to function with the disposable liners common in modern pedicure spas. The invention provides a pump system with a contactless, capacitive fluid sensor that detects water levels through a liner, enabling features like automatic filling and preventing dry-run motor damage (’088 Patent, col. 2:38-49; Abstract).
Asserted Claims
43-56 and 58-68 (Compl. ¶112).
Accused Features
The complaint alleges that the "Accused Products" infringe the patent without specifying which features of the products are accused (Compl. ¶112).
U.S. Patent No. 10,215,177 - “Fluid Pump for Dispensing a Fluid to a Setting or Work Environment”
Technology Synopsis
This patent describes a comprehensive fluid pump system incorporating a jet assembly, a motor assembly, and a contactless fluid sensor. The invention is framed as a solution for spa environments where disposable liners are used, focusing on the system's ability to sense fluid levels without direct contact to maintain sanitation (’177 Patent, col. 2:15-32; Abstract).
Asserted Claims
1-30 (Compl. ¶116).
Accused Features
The complaint broadly alleges that the "Accused Products" infringe the patent (Compl. ¶116).
U.S. Patent No. 10,215,178 - “Bearing and Shaft Assembly for Jet Assemblies”
Technology Synopsis
This patent, like the ’933 Patent, discloses an improved bearing and shaft assembly for jet pumps. The invention centers on a nested assembly of bearing and shaft components, including an outer bearing member, an inner bearing member, a shaft member, and a shaft protection member, all designed to fit within a magnetic impeller for improved stability and longevity (’178 Patent, Abstract).
Asserted Claims
1, 3-9, 11-23, and 25-30 (Compl. ¶120).
Accused Features
The complaint alleges that the "Accused Products" infringe the patent (Compl. ¶120).
III. The Accused Instrumentality
Product Identification
The accused products are water jet pumps identified as the "EcoJet II Magnetic Drive" and "EcoJet Magnetic Drive" (Compl. ¶16-17).
Functionality and Market Context
- The accused product is a magnetically driven, pipeless whirlpool jet pump sold for use in pedicure spas and salons (Compl. ¶16-17). A screenshot from a defendant's website describes the product as a "UNIVERSAL MAGNETIC JET" that "WORKS WITH MOST PEDI-SPAS" (Compl. ¶16, Image). Photographs included in the complaint show the accused product disassembled, revealing an impeller with vanes, a housing, and internal components that appear to form a central shaft and bearing structure (Compl. ¶17, Images).
- The complaint alleges that Defendant Pro Spa Depot, LLC manufactures and sells the infringing pumps and pedicure spas using them, while Defendant Lexor Store sells pedicure spas incorporating the pumps (Compl. ¶15-16).
IV. Analysis of Infringement Allegations
The complaint provides a narrative breakdown of infringement for Claim 1 of the ’933 Patent but does not provide sufficient detail for a claim chart analysis of the ’071 Patent or other asserted patents.
’933 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a sleeve-type, bearing assembly comprising an outer bearing member and a sleeve-type, inner bearing member | The Accused Product includes a sleeve-type, bearing assembly with these components. | ¶27 | col. 11:3-7 |
| wherein said outer bearing member comprises a body...dimensioned and configured for fitting within a cavity of a magnetic impeller...and wherein said outer bearing member is manufactured of a plastic material | The Accused Product's outer bearing member has a body with a cavity configured for receiving the inner bearing member and for fitting within the magnetic impeller's cavity, and is made of plastic. | ¶28 | col. 11:8-19 |
| wherein said sleeve-type, inner bearing member comprises a body...dimensioned and configured for fitting within said cavity of said body of said outer bearing member...and wherein said sleeve-type, inner bearing member is manufactured of rubber or a rubber-like material | The Accused Product's inner bearing member has a body with a cavity and is configured to fit within the outer bearing member and the magnetic impeller, and is made of a rubber-like material. | ¶29 | col. 11:20-33 |
| a shaft assembly comprising a shaft member and a shaft protection member, wherein said shaft assembly is adapted for being secured at a predetermined location within a housing of the jet assembly | The Accused Product includes a shaft assembly with a shaft member and shaft protection member, adapted for being secured within the jet assembly housing. | ¶31 | col. 11:40-44 |
| wherein said shaft protection member...is dimensioned and configured for fitting within said cavity of said body of said sleeve-type, inner bearing member...and wherein said shaft protection member is manufactured of a hard material | The Accused Product's shaft protection member is configured to fit within the inner bearing member's cavity and is made of a hard material. | ¶32 | col. 11:51-60 |
| wherein, when in operational use, the magnetic impeller of the jet assembly is rotatory within the housing of the jet assembly such that fluid is displaced to the environment | The Accused Product's components are positioned within the magnetic impeller, which rotates within the housing to displace fluid. | ¶35 | col. 12:2-6 |
Identified Points of Contention
- Evidentiary Questions: The complaint's infringement allegations for the ’933 Patent are largely conclusory, restating the claim language and applying it to the "Accused Product" without detailed factual support linking specific product components to claim limitations. A central point of contention will likely be what factual evidence Plaintiff provides to prove that the accused pump's internal components possess the specific structures, materials (e.g., "rubber-like," "hard material"), and nested configurations required by the claims. The photographs at paragraph 17 of the complaint provide a visual basis for the existence of these components, but their material composition and precise function remain open questions (Compl. ¶17).
- Scope Questions: The interpretation of terms such as "bearing assembly" and "shaft protection member" may be disputed. For instance, does the term "shaft protection member" require a distinct, multi-part component as depicted in the patent's figures, or can it be construed to cover an integrated feature of the central shaft in the accused device?
V. Key Claim Terms for Construction
The Term: "sleeve-type, inner bearing member" (’933 Patent, Claim 1)
Context and Importance
This term is critical because its structure, material ("rubber or a rubber-like material"), and function distinguish the invention from simple bushings or seals. The dispute may center on whether the corresponding component in the accused product functions as a "bearing" in the claimed manner or serves a different primary purpose, such as merely being a vibration dampener or a seal. Practitioners may focus on this term because the interplay between this "soft" bearing component and the "hard" shaft protection member is a core inventive concept.
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The claim language itself is relatively broad, requiring a "sleeve-type" member made of a "rubber-like material" that fits within the outer member. This could be argued to cover a range of resilient, cylindrical components.
- Evidence for a Narrower Interpretation: The specification describes the inner bearing member as absorbing "vibration and noise" and forming an "effective seal" with the outer member (’933 Patent, col. 11:9-13). This functional language, combined with the term "bearing," suggests a role beyond simple structure, potentially narrowing the term to components that actively reduce friction and support rotational loads in that specific manner.
The Term: "shaft protection member" (’933 Patent, Claim 1)
Context and Importance
The identity and characteristics of this component, particularly its "hard material" composition and its placement within the "sleeve-type, inner bearing member," are key limitations. Infringement may depend on whether a simple metal pin or integrated post in the accused product meets the definition of this "member."
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The term itself suggests a primary function of protecting the shaft. An argument could be made that any hard material sheath or covering that performs this function meets the limitation.
- Evidence for a Narrower Interpretation: The specification and claim 2 describe the shaft protection member as comprising a "base" and a "body extending upwardly," suggesting a specific, multi-feature structure rather than a simple pin or rod (’933 Patent, Claim 2). The patent figures consistently show it as a distinct component (e.g., item 160) separate from the shaft itself, which could support a construction requiring a discrete part.
VI. Other Allegations
Indirect Infringement
The complaint alleges that Defendants induce and contribute to infringement by "making, using, importing, exporting, offering to sell, and selling water jet pumps" (Compl. ¶23, 107, 112, 116, 120). The factual basis appears to be the sale of the accused pumps and spas containing them to end-users who would directly infringe by operating the products.
Willful Infringement
The complaint alleges willful infringement based on both pre- and post-suit knowledge. The allegations of pre-suit knowledge are based on Defendants' awareness of a related pending lawsuit ("Lexor 1") against affiliated companies concerning the same patents (Compl. ¶20), and on the allegation that Defendants' affiliate purchased Plaintiff's products to "test Luraco's design" before producing the accused products, suggesting deliberate copying (Compl. ¶19).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of technical proof: Beyond the complaint's conclusory assertions, what evidence can Plaintiff produce from testing or discovery to demonstrate that the internal components of the "EcoJet II" pump possess the specific material properties (e.g., "plastic," "rubber-like," "hard material") and nested structural relationships required by the asserted claims?
- A key legal question will be one of definitional scope: How will the court construe terms like "sleeve-type, inner bearing member" and "shaft protection member"? The case may turn on whether these terms are interpreted broadly to cover the general structure seen in the accused product, or narrowly to require the specific embodiments and functions described in the patent specifications.
- A central question for damages will be intent: Do the complaint’s allegations—that Defendants were aware of related litigation and that an affiliate purchased and tested Plaintiff’s products immediately prior to launching a similar design—support a finding of willful infringement, potentially exposing Defendants to enhanced damages?