This case was last updated from U.S. District Courts on 01/10/2022 at 07:45:24 (UTC).

Hyper Ice, Inc. v. PlayMakar, Inc.

Case Summary

On November 11, 2021, Hyper Ice, Inc. (“Plaintiff” or “Hyperice”), represented by Elisaveta Dolghih of Lewis Brisbois Bisgaard & Smith LLP, filed an intellectual property lawsuit against PlayMakar, Inc. (“Defendant” or “PlayMakar”), seeking injunctive relief and damages along with costs for alleged infringement of a United States patent owned by the Plaintiff. This case was filed in the U.S. District Court in the Northern District of Texas with Judge Reed C. O'Connor presiding.

 

The Plaintiff filed this complaint for alleged infringement of United States Patent No. 10,912,708 (“the ‘708 Patent”) entitled “Battery-Powered Percussive Massage Device” owned by the Plaintiff.

 

In the complaint, the Plaintiff alleged that “PlayMakar has infringed and continues to infringe the ‘708 Patent-in-suit under the Patent Laws of the United States, 35 U.S.C §§ 271 et seq. PlayMakar manufactures, offers for sale, sells, and/or uses the infringing PlayMakar MVP Percussion Massager product at issue in this case, and/or actively induces the manufacture, sale, and/or use of the infringing PlayMakar MVP Percussion Massager product and/or contributes to the manufacture, sale, and/or use of the infringing PlayMakar MVP Percussion Massager product.”

 

The Plaintiff further alleged that “PlayMakar infringes at least Claim 7 of the ‘708 Patent. PlayMakar’s PlayMakar MVP Percussion Massager product is a battery-powered percussive massage device that meets the following limitations, either literally or under the doctrine of equivalents: the main enclosure extending along an axis, the main enclosure having a proximal end and a distal end, the main enclosure including a cavity; motor having a rotatable shaft; an applicator head having a proximal end removably attachable to the piston, and having a distal end that extends from the distal end of the main enclosure when the proximal end of the applicator is attached to the piston; a handle having an outer gripping surface; a battery unit housed at least partially within the handle; an applicator head having a proximal end removably attachable to the piston, and having a distal end that extends from the distal end of the main enclosure when the proximal end of the applicator is attached to the piston;

 

The Plaintiff also alleged that “PlayMakar’s infringement of the ‘708 Patent has caused, and will continue to cause, significant damage to Hyperice. As a result of PlayMakar’s infringement of the ‘708 Patent, Hyperice has suffered irreparable harm and impairment of the value of its patent rights, and is now suffering, and will continue to suffer, the violation of its patent rights.”

 

There is only one claim for relief laid down by the Plaintiff for alleged infringement of the Patent owned by the Plaintiff.

 

In its prayer for relief, the Plaintiff has requested the Court to enter a judgment of infringement of the ‘708 patent in favor of the Plaintiff against the Defendant, an order for temporary, preliminary, and permanent injunctions against the Defendant from infringing the ‘708 patent, and that this Court award the Plaintiff its costs of suit, its attorney’s fees and compensatory damages for infringement of the ‘708 Patent, as well as interest thereon along with such further relief as the Court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-01247

  • Filing Date:

    11/11/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Reed C. O'Connor

 

Party Details

Plaintiff

Hyper Ice, Inc.

2100 Ross Avenuesuite 2000

Dallas, TX 75212

Defendant

PlayMakar, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Elisaveta Dolghih

Attorney at Lewis Brisbois Bisgaard & Smith LLP

2100 Ross Avenuesuite 2000

Dallas, TX 75201

Brian G Arnold

Attorney at Lewis Brisbois Bisgaard & Smith LLP

633 West 5Th Street, Suite 4000

Los Angeles, CA 90071

Jonathan S Pink

Attorney at Lewis Brisbois Bisgaard & Smith LLP

633 West 5Th Street, Suite 4000

Los Angeles, CA 90071

Lawrence R Laporte

Attorney at Lewis Brisbois Bisgaard & Smith LLP

633 West 5Th Street, Suite 4000

Los Angeles, CA 90071

 

Court Documents

#1

(#1) COMPLAINT WITH JURY DEMAND against PlayMakar, Inc. filed by Hyper Ice, Inc. (Filing fee $402; Receipt number 0539-12378418) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Dolghih, Elisaveta) Modified on 11/15/2021 (mmw). (Entered: 11/11/2021)

1 #1

Cover Sheet

#2

(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hyper Ice, Inc.. (Dolghih, Elisaveta) (Entered: 11/11/2021)

#3

(#3) New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw) (Entered: 11/12/2021)

#4

(#4) Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (mmw) (Entered: 11/12/2021)

#5

(#5) Request for Clerk to issue Summons filed by Hyper Ice, Inc.. (Dolghih, Elisaveta) (Entered: 11/12/2021)

#6

(#6) Summons Issued as to PlayMakar, Inc. (mmw) (Entered: 11/12/2021)

#7

(#7) NOTICE of Dismissal filed by Hyper Ice, Inc. (Dolghih, Elisaveta) (Entered: 12/27/2021)

#8

(#8) Report to Patent/Trademark Office of Final Order. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (wxc) (Entered: 01/04/2022)

 

Docket Entries

  • 12/27/2021
  • View Court Documents
  • Docket(#8) Report to Patent/Trademark Office of Final Order. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (wxc) (Entered: 01/04/2022)

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  • 12/27/2021
  • View Court Documents
  • DocketCivil Case Terminated Per Notice of Dismissal #7 . The clerk will prepare the final Report to the Patent/Trademark or Copyright Office. (wxc) (Entered: 01/04/2022)

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  • 12/27/2021
  • View Court Documents
  • Docket(#7) NOTICE of Dismissal filed by Hyper Ice, Inc. (Dolghih, Elisaveta) (Entered: 12/27/2021)

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  • 11/12/2021
  • View Court Documents
  • Docket(#6) Summons Issued as to PlayMakar, Inc. (mmw) (Entered: 11/12/2021)

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  • 11/12/2021
  • View Court Documents
  • Docket(#5) Request for Clerk to issue Summons filed by Hyper Ice, Inc.. (Dolghih, Elisaveta) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/12/2021
  • View Court Documents
  • Docket(#4) Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (mmw) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#3) New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hyper Ice, Inc.. (Dolghih, Elisaveta) (Entered: 11/11/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#1) COMPLAINT WITH JURY DEMAND against PlayMakar, Inc. filed by Hyper Ice, Inc. (Filing fee $402; Receipt number 0539-12378418) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Dolghih, Elisaveta) Modified on 11/15/2021 (mmw). (Entered: 11/11/2021)

    Read MoreRead Less
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