DCT
3:23-cv-00051
Mega Creation Inc v. Nitro Nail System LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Mega Creation, Inc. d/b/a LeChat (California)
- Defendant: Nitro Nail System LLC (Texas)
- Plaintiff’s Counsel: Ni, Wang & Massand, PLLC
- Case Identification: 3:23-cv-00051, N.D. Tex., 01/09/2023
- Venue Allegations: Plaintiff alleges venue is proper in the Northern District of Texas because Defendant has a regular and established place of business in the district and has allegedly committed acts of infringement there.
- Core Dispute: Plaintiff alleges that Defendant’s cordless ultraviolet (UV) LED nail lamps infringe two patents related to the design and operation of portable nail curing devices.
- Technical Context: The technology concerns lamps used to cure (dry and harden) gel-based nail polishes, a widely used product in the professional and consumer nail care market.
- Key Procedural History: The complaint alleges that Plaintiff provided Defendant with actual notice of infringement via a letter on October 3, 2022, a fact that may be used to support the allegations of willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2014-09-05 | Earliest Priority Date for '371 and '094 Patents |
| 2017-07-25 | U.S. Patent No. 9,713,371 Issues |
| 2019-07-23 | U.S. Patent No. 10,357,094 Issues |
| 2022-10-03 | Plaintiff allegedly provides Defendant with notice of infringement |
| 2023-01-09 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,713,371 - “Rechargeable LED Nail Lamp with Light Diffuser”
- Patent Identification: U.S. Patent No. 9713371, “Rechargeable LED Nail Lamp with Light Diffuser,” issued July 25, 2017.
- The Invention Explained:
- Problem Addressed: The patent’s background section describes conventional nail lamps as being tethered to wall outlets, which restricts their placement and portability. It further notes that their fluorescent bulbs consume significant power, generate heat, and can provide uneven light, leading to inconsistent curing of nail polish. (’371 Patent, col. 1:25-44).
- The Patented Solution: The invention is a portable nail lamp that uses low-power, surface-mounted LEDs. A key aspect is the use of two distinct sets of LEDs on opposite sides of a printed circuit board (PCB). One set of "interior-facing" LEDs directs UV light into the treatment chamber to cure the polish. A second set of "exterior-facing" LEDs directs light upward into an upper housing made of a "light diffusing material," causing the lamp's shell to glow, which can serve as a visual indicator that the device is operating. (’371 Patent, Abstract; col. 26:1-11).
- Technical Importance: This dual-LED design aimed to solve the uneven curing problem while providing a user-friendly operational indicator, all within a portable, battery-operable device. (’371 Patent, col. 2:1-6).
- Key Claims at a Glance:
- The complaint asserts infringement of at least independent claim 1 (Compl. ¶24).
- Essential elements of claim 1 include:
- An upper housing comprising a light diffusing material.
- A lower housing that mates with the upper housing to form an enclosed space and a treatment chamber.
- A printed circuit board positioned in the enclosed space.
- The PCB has exterior-facing LEDs on a first surface and interior-facing LEDs on an opposite, second surface.
- Light from the exterior-facing LEDs strikes the light diffusing material.
- Light from the interior-facing LEDs is directed through apertures into the treatment chamber for curing.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 10,357,094 - “Nail Lamp with Light Emitting Diodes Powered by Power Cord or Rechargeable Battery Pack for Cordless Operation”
- Patent Identification: U.S. Patent No. 10357094, “Nail Lamp with Light Emitting Diodes Powered by Power Cord or Rechargeable Battery Pack for Cordless Operation,” issued July 23, 2019.
- The Invention Explained:
- Problem Addressed: As a continuation of the application leading to the ’371 Patent, this patent addresses the same problems of portability, power consumption, and uneven curing in conventional nail lamps. (’094 Patent, col. 1:28-56).
- The Patented Solution: The ’094 Patent also describes a nail lamp with a dual-sided PCB containing both interior-facing (curing) and exterior-facing (indicator) LEDs. This patent uses the term "translucent material" for the upper housing, which is illuminated by the exterior-facing LEDs. The claims also focus on the dual-power capability, allowing operation from either a power cord or a rechargeable battery. (’094 Patent, Abstract; col. 25:55-26:12).
- Technical Importance: The invention emphasizes the flexibility of being powered by either a wall adapter or a portable battery pack, enhancing its utility in various settings like salons or during travel. (’094 Patent, col. 2:9-14).
- Key Claims at a Glance:
- The complaint asserts infringement of at least independent claim 1 (Compl. ¶28).
- Essential elements of claim 1 include:
- An upper housing comprising a translucent material.
- A lower housing adapted to couple with the upper housing.
- A printed circuit board positioned in the enclosed space.
- The PCB has exterior-facing LEDs on a first surface and interior-facing LEDs on an opposite, second surface.
- Light from the exterior-facing LEDs strikes the translucent material.
- Light from the interior-facing LEDs is directed through apertures into a treatment chamber.
- The complaint does not explicitly reserve the right to assert dependent claims.
III. The Accused Instrumentality
Product Identification
- The "Nitro Cordless UV LED Lamp 48W" (Model No: ASN-S10/ SKU: NLAMP) and the "Nitro Cordless Rechargeable UV LED Nail Lamp 72W" (SKU: NLAMP72W) are identified as the Accused Products (Compl. ¶19 & fn. 1).
Functionality and Market Context
- The Accused Product is a cordless, portable nail curing lamp that uses UV LEDs to dry gel nail polish (Compl. ¶20). It is powered by a rechargeable built-in lithium-ion battery (Compl. ¶22).
- Functionally, it includes an automatic sensor mode that activates the lamp when a hand is inserted into the "treatment chamber" and deactivates it upon removal (Compl. ¶20). It also features a manual mode with buttons for setting cure times of 10, 30, or 60 seconds (Compl. ¶21).
- A photograph of the product's packaging provided in the complaint highlights features such as "Rechargeable," "Cordless," and "Double light source LEDs(30pcs)" (Compl. ¶22).
IV. Analysis of Infringement Allegations
The complaint alleges infringement of both patents but does not provide the referenced claim chart exhibits (Exhibits A-1 and B-1) (Compl. ¶¶24, 28). The analysis below is based on the narrative allegations in the complaint.
'371 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a nail lamp comprising: an upper housing, comprising a light diffusing material; a lower housing, adapted to mate with the upper housing... an enclosed space is formed between the upper and lower housings | The Accused Product is a nail lamp with a housing that creates a "treatment chamber" for a user's hand (Compl. ¶20). The complaint alleges the product meets this limitation (Compl. ¶24). | ¶¶20, 24 | col. 25:57-64 |
| and a printed circuit board... wherein the printed circuit board comprises a plurality of exterior-facing light emitting diodes and interior-facing emitting diodes, wherein exterior-facing light emitting diodes are positioned on a first surface of the printed circuit board, while the interior-facing emitting diodes are on a second surface... that is opposite to the first surface | The complaint alleges infringement but does not provide specific facts about the PCB structure. The product box mentions "Double light source LEDs" (Compl. ¶22). | ¶¶22, 24 | col. 26:1-6 |
| light emitted by the exterior-facing light emitting diodes strike a surface of the light diffusing material | The complaint does not provide specific facts on this element but alleges the Accused Product meets it (Compl. ¶24). | ¶24 | col. 26:7-8 |
| light emitted by the interior-facing light emitting diodes does not strike a surface of the light diffusing material, but rather are directed through apertures formed in the lower housing into a treatment chamber... where the hand or foot of a user will be exposed | The Accused Product uses "ultraviolet LEDs to dry gel nail polishes" when a hand is placed in the treatment chamber, which allegedly corresponds to the function of the interior-facing LEDs (Compl. ¶20). | ¶¶20, 24 | col. 26:8-15 |
'094 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a nail lamp comprising: an upper housing, comprising a translucent material; a lower housing, adapted to couple with the upper housing, wherein when the upper and lower housings are coupled, an enclosed space is formed | The Accused Product is a nail lamp with a housing and a "treatment chamber" (Compl. ¶20). The complaint alleges the product meets this limitation, with the housing purportedly being made of a "translucent material" (Compl. ¶28). | ¶¶20, 28 | col. 25:55-61 |
| and a printed circuit board... wherein the printed circuit board comprises a plurality of exterior-facing light emitting diodes and interior-facing light emitting diodes, wherein exterior-facing light emitting diodes are positioned on a first surface... while the interior-facing light emitting diodes are on a second surface that is opposite | The complaint alleges infringement but does not provide specific facts about the PCB structure. The product box mentions "Double light source LEDs" (Compl. ¶22). | ¶¶22, 28 | col. 26:1-6 |
| light emitted by the exterior-facing light emitting diodes strikes a surface of the translucent material | The complaint does not provide specific facts on this element but alleges the Accused Product meets it (Compl. ¶28). | ¶28 | col. 26:7-8 |
| light emitted by the interior-facing light emitting diodes is directed through apertures formed in the lower housing into a treatment chamber | The Accused Product uses "ultraviolet LEDs to dry gel nail polishes" when a hand is placed in the treatment chamber, allegedly performing the function of the interior-facing LEDs (Compl. ¶20). | ¶¶20, 28 | col. 26:8-12 |
Identified Points of Contention
- Scope Questions: A central question will concern the terms "light diffusing material" (’371 Patent) and "translucent material" (’094 Patent). The court may need to determine if these terms are distinct and, if so, whether the material of the Accused Product's housing meets the specific definition of a "light diffusing material" which may imply active scattering properties beyond mere translucency.
- Technical Questions: The complaint's allegations regarding the internal structure of the Accused Product are conclusory. A primary factual dispute will be whether the Accused Product actually contains a printed circuit board with distinct "exterior-facing" and "interior-facing" LEDs on opposite surfaces, as required by the claims. The complaint provides no evidence (e.g., schematics, teardowns) to support this specific structural allegation.
V. Key Claim Terms for Construction
The Term: "light diffusing material" (’371 Patent, claim 1)
Context and Importance: This term is critical for the ’371 Patent. Its construction will determine whether any translucent material infringes or if a material must have specific properties to scatter light in a particular way. Practitioners may focus on this term because its interpretation could distinguish the scope of the '371 Patent from the '094 Patent, which uses the arguably broader term "translucent material."
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the material as part of a "translucent shell" and as being "translucent plastic," suggesting the terms might be used interchangeably in some contexts. (’371 Patent, col. 14:41-43).
- Evidence for a Narrower Interpretation: The specification explicitly states the purpose is to "diffuse or spread out" light to give a "softer light" and "more uniform illumination." It also discloses specific embodiments like a "light diffuser film" or a "matting agent" (e.g., silica powder) added to the material to achieve this effect, suggesting a more specific technical function than mere translucency. (’371 Patent, col. 21:13-25, 49-55).
The Term: "exterior-facing light emitting diodes" and "interior-facing light emitting diodes"... on "opposite" surfaces of a printed circuit board (’371 Patent, claim 1; ’094 Patent, claim 1)
Context and Importance: This structural limitation appears in the independent claims of both patents and defines a core architectural feature of the invention. The infringement analysis for both patents will depend heavily on whether the Accused Product is found to have this specific dual-sided PCB configuration.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The complaint does not provide sufficient detail for analysis of potential broader interpretations from the patent.
- Evidence for a Narrower Interpretation: The patent specification consistently illustrates this precise arrangement. For example, Figure 11 explicitly shows LEDs (1102) on one side of a PCB (1100) directed toward a button (1106) and other LEDs (1104) on the opposite side directed into the lamp's cavity, strongly supporting a narrow, literal interpretation of this structural requirement. (’094 Patent, Fig. 11; col. 8:46-54).
VI. Other Allegations
- Indirect Infringement: The prayer for relief requests a finding of induced and contributory infringement (Compl. ¶B, p. 7). However, the body of the complaint does not contain specific factual allegations detailing how Defendant allegedly induced or contributed to the infringement of others.
- Willful Infringement: The complaint alleges that Plaintiff provided Defendant with actual notice of infringement by electronic and certified mail on October 3, 2022, more than three months before filing the lawsuit (Compl. ¶18). This alleged pre-suit knowledge forms the basis of the claims for willful infringement (Compl. ¶¶26, 30).
VII. Analyst’s Conclusion: Key Questions for the Case
- A key evidentiary question will be one of structural correspondence: does the accused Nitro nail lamp, upon technical inspection, actually contain the specific two-sided printed circuit board with distinct sets of "exterior-facing" and "interior-facing" LEDs as required by the claims, or does it achieve a similar result with a different, non-infringing architecture? The complaint's conclusory allegations leave this as a central open question.
- A core issue will be one of definitional scope: will the term "light diffusing material" in the ’371 Patent be construed to require specific light-scattering properties, or will it be treated as synonymous with the term "translucent material" from the ’094 Patent? The answer will dictate whether the patents have different scopes and could be dispositive for the infringement analysis of the ’371 Patent.