DCT

2:24-cv-00587

HydraFacial LLC v. Luvo Medical Technologies

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:24-cv-00587, D. Utah, 08/16/2024
  • Venue Allegations: Venue is alleged as proper for the foreign defendants (Luvo, Clarion, Eunsung) as alien corporations and because a substantial part of the events giving rise to the claim allegedly occurred in the district. Venue is alleged as proper for Defendant MRP because it resides, has a regular and established place of business, and has committed alleged acts of infringement within the district.
  • Core Dispute: Plaintiff alleges that Defendants' Bela MD+ hydrodermabrasion systems and associated treatment tips infringe six U.S. patents related to skin treatment systems and removable tips.
  • Technical Context: The technology at issue falls within the aesthetic medical device market, specifically concerning hydrodermabrasion systems that combine skin exfoliation, debris extraction, and infusion of therapeutic serums.
  • Key Procedural History: The complaint alleges that Plaintiff provided pre-suit notice of infringement to the defendants via letters sent on February 5, 2024; February 7, 2024; May 29, 2024; and August 7, 2024. The complaint also notes a prior lawsuit involving the ’052 Patent against another distributor of devices manufactured by Defendant Eunsung.

Case Timeline

Date Event
2003-01-01 Eunsung allegedly established a medical equipment production line
2005-12-30 Earliest Priority Date for all six Asserted Patents
2017-01-24 U.S. Patent No. 9,550,052 Issues
2018-01-01 HydraFacial allegedly began marking its systems with the ’052 Patent
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
2024-01-09 U.S. Patent No. 11,865,287 Issues
2024-02-05 Plaintiff allegedly sent infringement notice letter to Defendant MRP
2024-02-07 Plaintiff allegedly sent infringement notice letters to Defendants Luvo and Clarion
2024-05-29 Plaintiff allegedly sent infringement notice letter to Defendant Eunsung re: ’287 Patent
2024-08-06 U.S. Patent No. 12,053,607 Issues
2024-08-07 Plaintiff allegedly sent infringement notice letter re: ’607 Patent
2024-08-16 Complaint Filed

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

U.S. Patent No. 9,550,052 - "CONSOLE SYSTEM FOR THE TREATMENT OF SKIN"

  • Patent Identification: 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's background describes conventional dermabrasion and microdermabrasion techniques as often being painful, messy, and inefficient at moisturizing the skin post-treatment (’9,550,052 Patent, col. 1:40-2:14).
  • The Patented Solution: The invention is a skin treatment system that integrates exfoliation with the simultaneous delivery of treatment liquids. It comprises a console with a manifold connected to multiple fluid containers, a handpiece, and a vacuum source. The system is designed so that the vacuum not only removes abraded skin and debris through a waste line but also actively draws treatment fluid from the containers through a supply line to the handpiece tip for immediate application to the skin (’052 Patent, col. 5:60-6:4; Abstract). This combined action aims to cleanse, exfoliate, extract, and hydrate in a single procedure.
  • Technical Importance: This approach seeks to improve upon prior art methods by combining abrasion and hydration into a single, less messy process, potentially enhancing the efficacy of therapeutic serums by applying them to freshly exfoliated skin (’052 Patent, col. 1:21-2:14).

Key Claims at a Glance

  • The complaint asserts infringement of at least independent Claim 1 (Compl. ¶51).
  • The essential elements of Claim 1 include:
    • A console including a manifold.
    • The manifold being in fluid communication with a first fluid container and at least a second fluid container, which are configured to contain a liquid treatment material.
    • A handpiece assembly comprising a tip configured to contact a skin surface.
    • A supply conduit placing the manifold in fluid communication with the handpiece assembly.
    • The manifold is configured to control a flow of treatment material from the containers through the supply conduit.
    • A vacuum source.
    • A waste conduit in fluid communication with the tip to remove waste, operatively coupled to the vacuum source.
    • The system is configured to permit a user to select which treatment material is delivered.
    • When the vacuum source is activated and the tip contacts skin, a suction force is created that removes waste via the waste conduit while drawing treatment material from the selected container to the tip via the supply conduit.

U.S. Patent No. 10,357,641 - "TIPS FOR SKIN TREATMENT DEVICE"

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

The Invention Explained

  • Problem Addressed: The patent addresses the need for improved removable tips for skin treatment devices that can effectively abrade the skin while simultaneously managing the application of treatment fluids and removal of waste (’641 Patent, col. 1:21-2:14).
  • The Patented Solution: The patent describes a removable tip for a handpiece that features a specific internal architecture to facilitate hydrodermabrasion. The tip includes a first passage to deliver fluid to the skin and at least one second passage to suction waste away. A key feature is an inner member with a "spiral-like pattern" located within an outer member. This spiral structure is configured to abrade the skin and also creates a channel that directs fluid flow across the skin surface from the delivery passage to the waste passage, creating a vortex-like effect (’641 Patent, col. 2:25-42; Fig. 6A).
  • Technical Importance: The spiral-patterned inner member provides a mechanical means for exfoliation while its channel structure simultaneously controls the flow of treatment fluid and waste, enabling the combined cleansing, exfoliation, and serum infusion in a single pass of the handpiece.

Key Claims at a Glance

  • The complaint asserts infringement of at least independent Claim 1 (Compl. ¶62).
  • The essential elements of Claim 1 include:
    • A tip body extending from a proximal end (to couple to a handpiece) to a distal end.
    • At least one first passage through the tip body's interior to receive and deliver fluid to the distal end.
    • At least one second passage through the tip body's interior to convey fluid and debris away from the distal end.
    • An outer member defining a periphery along the distal end, configured to contact skin.
    • At least one inner member located within the outer member, comprising a spiral-like pattern.
    • The at least one inner member is configured to abrade skin.

U.S. Patent No. 10,357,642 - "REMOVABLE TIPS FOR USE WITH SKIN TREATMENT SYSTEMS"

  • Patent Identification: 10,357,642, "REMOVABLE TIPS FOR USE WITH SKIN TREATMENT SYSTEMS," issued July 23, 2019 (’642 Patent).
  • Technology Synopsis: This patent is directed to a removable tip for a skin treatment system. The tip is monolithically formed and includes a body, at least one vacuum hole for removing debris, an outer member defining the periphery, and an inner member with a spiral-like pattern configured to abrade the skin (’642 Patent, Abstract; Claim 1).
  • Asserted Claims: Independent Claim 1 (Compl. ¶73).
  • Accused Features: The complaint alleges that the "Aqua tip" used with the Bela MD System infringes this patent (Compl. ¶¶72-73).

U.S. Patent No. 11,446,477 - "DEVICES AND METHODS FOR TREATING SKIN"

  • Patent Identification: 11,446,477, "DEVICES AND METHODS FOR TREATING SKIN," issued September 20, 2022 (’477 Patent).
  • Technology Synopsis: This patent claims a skin treatment system featuring a manifold system on a console in communication with multiple fluid containers. A key aspect is a vacuum source configured to create a suction force that both helps remove waste from the handpiece's working end and helps transfer treatment material from the manifold to the handpiece (’477 Patent, Abstract; Claim 1).
  • Asserted Claims: Independent Claim 1 (Compl. ¶84).
  • Accused Features: The complaint alleges that the overall Bela MD System, including its console, manifold, handpiece, and vacuum source, infringes this patent (Compl. ¶¶83-84).

U.S. Patent No. 11,865,287 - "DEVICES AND METHODS FOR TREATING SKIN"

  • Patent Identification: 11,865,287, "DEVICES AND METHODS FOR TREATING SKIN," issued January 9, 2024 (’287 Patent).
  • Technology Synopsis: This patent covers a skin treatment system with a console configured to receive multiple containers, a handpiece, and a "block" within the console. The block is configured to selectively receive fluid from the containers and be in fluid communication with the handpiece, which in turn is in fluid communication with a vacuum source (’287 Patent, Abstract; Claim 1). The system is configured to deliver fluids from the containers sequentially.
  • Asserted Claims: Independent Claim 1 (Compl. ¶95).
  • Accused Features: The complaint alleges that the Bela MD System, with its console, internal fluid management "block," and sequential fluid delivery capability, infringes this patent (Compl. ¶¶94-95).

U.S. Patent No. 12,053,607 - "DEVICES AND METHODS FOR TREATING SKIN"

  • Patent Identification: 12,053,607, "DEVICES AND METHODS FOR TREATING SKIN," issued August 6, 2024 (’607 Patent).
  • Technology Synopsis: This patent claims a skin treatment system where a vacuum source draws treatment material from containers to the handpiece when its tip is pressed against the skin. The system includes a handpiece, a console, multiple containers, a supply line for sequential delivery of treatment material, and a waste line (’607 Patent, Abstract; Claim 1).
  • Asserted Claims: Independent Claim 1 (Compl. ¶106).
  • Accused Features: The complaint alleges that the Bela MD System, which uses vacuum suction to draw fluids to the handpiece tip when pressed against skin, infringes this patent (Compl. ¶¶105-106).

III. The Accused Instrumentality

Product Identification

  • The Bela MD+ Advanced Skin Health Platform, referred to as the "Bela MD System" (Compl. ¶27).

Functionality and Market Context

  • The Bela MD System is alleged to be a hydrodermabrasion system for treating skin, comprising a console, a handpiece, and removable tips referred to as "Aqua tips" (Compl. ¶¶32, 35). The console is configured to receive multiple containers of treatment fluids or "serums" (Compl. ¶32). The system uses a vacuum source that the complaint alleges is used to "simultaneously cleans[e] and remov[e] waste and debris" while delivering a "Bio-infusion serum through the center of the tip" (Compl. ¶33, citing Ex. 8). The complaint includes a labeled diagram from defendants' marketing materials identifying the console, handpiece, and containers (Compl. ¶32, p. 9). The handpiece is configured to receive the Aqua tip, which has multiple openings for fluid delivery and waste suction (Compl. ¶¶35-36). A screenshot from a training video shows the Aqua tip being used on a patient's skin (Compl. ¶62, p. 33, from Ex. 12 at 2).
  • The complaint alleges the Bela MD System is manufactured by Defendant Eunsung and imported, distributed, and sold in the United States by the other Defendants as a competitor to Plaintiff's HydraFacial® systems (Compl. ¶¶24-27).

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, The Bela MD System includes a console with an internal manifold for fluid management. ¶51, p. 15 col. 6:2-4
(a)(i) the manifold being in fluid communication with a first fluid container and at least a second fluid container, The internal manifold is connected to and in fluid communication with multiple containers holding treatment serums. ¶51, p. 16 col. 6:11-14
(b) a handpiece assembly comprising a tip, the tip being configured to contact a skin surface of a subject; The system includes a handpiece assembly with a detachable "Aqua tip" designed to contact a patient's skin during treatment. ¶51, p. 17 col. 6:30-34
(c) a supply conduit placing the manifold of the console in fluid communication with the handpiece assembly... An internal supply conduit connects the manifold within the console to the handpiece assembly. ¶51, p. 18 col. 6:49-51
(d) wherein the manifold is configured to control a flow of treatment material... through the supply conduit; The Bela MD System's console has a touchscreen interface and a "Flow" knob that allegedly allow a user to control the flow of serums from the containers to the handpiece. ¶51, p. 20-21 col. 6:2-10
(e) a vacuum source; The system includes a vacuum source, with controls for adjusting "vacuum and flow levels." ¶51, p. 22 col. 6:58-59
(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 console's touchscreen interface allegedly includes buttons that permit a user to select which container's fluid to deliver to the handpiece. ¶51, p. 23 col. 6:11-17
(h) wherein, when the vacuum source is activated and the tip contacts the skin surface, a suction force is created... removing waste... while drawing treatment material... to the tip... The system allegedly uses vacuum suction to simultaneously cleanse and remove waste from the skin while drawing serum from the selected container through the supply conduit to the tip. A brochure excerpt states the system "simultaneously cleans[es] and remov[es] waste and debris" (Compl. ¶51, p. 25, from Ex. 8). ¶51, p. 24-25 col. 6:58-67

Identified Points of Contention

  • Technical Questions: A central technical question will be whether the Bela MD System's vacuum source performs the dual function recited in claim 1(h): creating a suction force that both removes waste via the waste conduit and simultaneously draws treatment material to the tip via the supply conduit. Evidence of the system's precise fluid dynamics will be critical.
  • Scope Questions: The interpretation of "manifold" may be a point of contention. The analysis may question whether the accused system's internal fluid pathways and connections constitute the specific "manifold" structure as contemplated by the patent.

’641 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
(a) a tip body extending from a proximal end to a distal end of the tip, the proximal end being configured to couple to a handpiece The accused "Aqua tip" has a body that extends from a proximal end, which attaches to the Bela MD handpiece, to a distal end that contacts the skin. ¶62, p. 29 col. 2:25-29
(b) at least one first passage extending through an interior of the tip body... to receive a fluid and to deliver said fluid to the distal end of the tip; The Aqua tip allegedly has an internal passage that delivers serum "through the center of the tip" to its distal end for application to the skin. ¶62, p. 30-31 col. 2:30-33
(c) at least one second passage extending through an interior of the tip body... to convey fluid and debris away from the distal end of the tip; The Aqua tip is alleged to have at least one second passage that removes waste and spent fluid away from the distal end, described in marketing as exiting "through the waste inlet port." ¶62, p. 32 col. 2:33-36
(d) an outer member defining a periphery along the distal end, the outer member being configured to contact skin... The accused tip allegedly has an outer member that forms the periphery at the distal end and is configured to contact the skin during treatment. ¶62, p. 33 col. 2:45-47
(e) at least one inner member located within an inner area of the outer member, wherein the at least one inner member comprises a spiral-like pattern; The Aqua tip allegedly has an inner member with a spiral-like pattern, as depicted in an image from defendant Clarion's website. ¶62, p. 34 col. 2:36-39
(f) wherein the at least one inner member is configured to abrade skin. Marketing materials allegedly state the Aqua handpiece performs "cleansing and exfoliation," and a training video allegedly refers to "additional exfoliation," which the complaint attributes to the inner member of the tip. ¶62, p. 34 col. 9:48-51

Identified Points of Contention

  • Technical Questions: The infringement analysis will likely focus on whether the internal structures of the "Aqua tip" function as the claimed "inner member." Key questions include whether this structure is "configured to abrade skin" and whether its fluid channels constitute a "spiral-like pattern" in the manner disclosed in the patent.
  • Scope Questions: A potential dispute may arise over the definition of "abrade." The question may be whether the alleged "exfoliation" performed by the accused tip is the same as the "abrasion" required by the claim, or if there is a technical distinction between the two actions in this context.

V. Key Claim Terms for Construction

The Term: "manifold" (’052 Patent, Claim 1)

  • Context and Importance: This term is central to the system's fluid management architecture. The infringement analysis for the ’052 Patent depends on whether the accused Bela MD System's internal plumbing and connections for its multiple fluid containers meet the definition of a "manifold." Practitioners may focus on this term because its construction will determine if a simple fluid junction or a more complex integrated block falls within the claim scope.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification describes the manifold system as being "configured to hold releasably a plurality of fluid sources and deliver fluid" to the handpiece, suggesting a functional definition focused on managing multiple fluids (’052 Patent, col. 2:22-25).
    • Evidence for a Narrower Interpretation: The patent depicts a specific embodiment of a "manifold system 24" as a distinct block with integrated switches and quick-release locks for the containers, which could suggest a more structurally limited definition (’052 Patent, Fig. 15A).

The Term: "spiral-like pattern" (’641 Patent, Claim 1)

  • Context and Importance: This term defines the key exfoliating and fluid-directing structure of the patented tip. The infringement case for the tip-related patents will likely hinge on whether the internal structure of the accused "Aqua tip" possesses this feature. Practitioners may focus on this term because the visual evidence provided in the complaint shows an internal structure that is not a simple, uniform spiral, raising questions of definitional scope.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification describes an "inner member" that "extends in a generally spiral fashion," which may support a broader construction that does not require a perfect or continuous spiral (’641 Patent, col. 2:36-39).
    • Evidence for a Narrower Interpretation: The patent figures consistently depict clear, continuous spiral channels (e.g., ’641 Patent, Figs. 6B, 7B). These specific embodiments could be used to argue for a narrower interpretation that excludes other non-uniform or interrupted patterns.

VI. Other Allegations

Indirect Infringement

  • The complaint alleges active inducement, stating that Defendants market, sell, and provide instructions for the Bela MD System with the knowledge and intent that end-users will operate it in a manner that infringes the asserted claims (Compl. ¶¶52, 63). The allegations are supported by references to Defendants' websites, marketing brochures, and training videos (Compl. ¶¶52, 63, citing Exs. 8-13).

Willful Infringement

  • Willfulness is alleged based on both pre-suit and post-suit knowledge. The complaint alleges pre-suit knowledge stemming from Defendants' position as competitors, their necessary research of Plaintiff's patent portfolio (discoverable via a public patent marking website), and specific pre-suit notice letters detailing the alleged infringement (Compl. ¶¶37-45). Continued alleged infringement after the filing of the lawsuit would form the basis for post-suit willfulness.

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

  • A core issue will be one of functional equivalence: does the accused Bela MD System's vacuum mechanism perform the specific dual-function role recited in claims of the system patents—simultaneously drawing waste from the skin via one conduit while also drawing treatment fluid to the skin via a separate supply conduit—or does it operate in a fundamentally different manner?
  • A key question of definitional scope will concern the tip-related patents: can the term “inner member” comprising a “spiral-like pattern,” which is described in the patent as an exfoliating structure, be construed to read on the specific internal fluid-channeling structures of the accused “Aqua tip”?
  • An evidentiary question regarding knowledge and intent will be central to the claims for indirect and willful infringement: what evidence, beyond the notice letters and general market awareness alleged in the complaint, demonstrates that Defendants knew of the patents and specifically intended for their customers to use the Bela MD system in an infringing way?