JJ Acquisition v. Vibease - Complaint

Case 3:20-cv-09295 Document 1 Filed 12/22/20 Page 1 of 8
1 AKERMAN LLP
Joshua R. Mandell (SBN 225269)
2 joshua.mandell@akerman.com
601 West Fifth Street, Suite 300
3 Los Angeles, California 90071
Telephone: (213) 688-9500
4 Facsimile: (213) 627-6342
5 David S. Brafman (pro hac vice forthcoming)

david.brafman@akerman.com
6 Brice Dumais (pro hac vice forthcoming)
brice.dumais@akerman.com
7 777 South Flagler Drive, Suite 1100 West Tower
West Palm Beach, Florida 33401
8 Telephone: (561) 653-5000
Facsimile: (561) 659-6313
9
Attorneys for Plaintiff
10 JJ ACQUISITION, LLC
11 UNITED STATES DISTRICT COURT
TEL.: (213) 688-9500 – FAX: (213) 627-6342
12 NORTHERN DISTRICT OF CALIFORNIA

601 WEST FIFTH STREET, SUITE 300
LOS ANGELES, CALIFORNIA 90071
13
AKERMAN LLP
14 JJ ACQUISITION, LLC Case No.
15 Plaintiff,
COMPLAINT
16 v.
17 VIBEASE INC.,
DEMAND FOR JURY TRIAL
18 Defendant.
19
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22
23
24
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28
1
COMPLAINT
55822921;1
1 Plaintiff JJ Acquisition, Inc., brings this complaint against Defendant Vibease Inc., and
2 alleges as follows:
3 NATURE OF THE ACTION
4 1. This is an action for infringement of U.S. Patent Nos. 8,821,421 (the “’421 Patent”),
5 D631,972 (the “’972 patent”), D657,066 (the “’066 Patent”) (collectively, the “Patents-in-Suit”),
6 arising under the patent laws of the United States, 35 U.S.C. §§ 100 et seq., as a result of Defendant
7 Vibease Inc. (“Vibease”) making, importing, selling, and/or offering to sell an infringing product in
8 the United States.
9 PARTIES
10 2. Plaintiff is a corporation incorporated under the laws of the state of Delaware with a
11 principal place of business in West Hills, California.

TEL.: (213) 688-9500 – FAX: (213) 627-6342
12 3. Upon information and belief, Defendant Vibease Inc., is a corporation incorporated

13 under the laws of the state of Delaware with a principal place of business in San Francisco,
AKERMAN LLP
14 California.
15 JURISDICTION, VENUE, AND INTRADISTRICT ASSIGNMENT
16 4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
17 §§ 1331 and 1338(a).
18 5. This Court has personal jurisdiction over Defendant because, upon information and
19 belief, Defendant’s headquarters is in this district, and Defendant has committed acts of infringement
20 of the Patents-in-Suit within this district.
21 6. Venue is proper in this court pursuant to 28 U.S.C. § 1400(b) because, upon
22 information and belief, Defendant has a regular and established place of business in this district, and
23 Defendant has committed acts of patent infringement of the Patents-in-Suit in this district.
24 7. Intradistrict assignment is proper in San Francisco pursuant to Local Rules 3-2(c) and
25 (d) because, upon information and belief, the acts of infringement of the Patents-in-Suit were
26 committed at least in San Francisco County, where Defendant’s headquarters is located.
27 BACKGROUND
28 8. Plaintiff is the sole owner of the ‘972, ‘066, and ‘421 patents (the “Asserted Patents”).
2
COMPLAINT
55822921;1
1 9. For many years, Plaintiff has been successfully selling a product that incorporates the
2 novel ornamental designs protected by the ‘972 and ‘066 patents as well as the features protected by
3 the ‘421 patent. This product is one Plaintiff’s best-selling products.
4 10. Defendant is offering to sell and selling in the United States (as well as, upon
5 information and belief, making in or importing into the United States), including upon information
6 and belief in this District, a product it calls the “Emerald” from its “Jewel Collection” (the “Infringing
7 Product”).
8 11. Defendant’s Emerald is infringing all of the Asserted Patents.
9 COUNT I – INFRINGEMENT OF THE ’972 PATENT

10 12. Plaintiff hereby incorporates paragraphs 1-10 above by reference.
11 13. On February 1, 2011, the U.S. Patent and Trademark Office duly and legally issued
TEL.: (213) 688-9500 – FAX: (213) 627-6342
12 the ‘972 patent, a copy of which is attached as Exhibit A.

13 14. Plaintiff owns all right, title, and interest in the ‘972 patent.
AKERMAN LLP
14 15. Defendant is offering to sell and selling in the United States, as well as, upon
15 information and belief, making or importing into the United States, the Infringing Product.
16 16. As shown in the comparison between the Infringing Product and figures from the ‘972
17 patent in the chart attached as Exhibit B, the ornamental design of the Infringing Product appears
18 substantially the same to an ordinary observer as Plaintiff’s patented design of the ‘972 patent.
19 17. Upon information and belief, Defendant became aware of the commercial success of
20 Plaintiff’s product embodying the design covered by the ‘972 patent and intentionally copied the
21 design.
22 18. On July 15, 2020, Plaintiff’s counsel sent by overnight delivery a cease and desist
23 letter to Defendant. In the letter, Plaintiff demonstrated that Defendant’s Infringing Product infringes
24 the ‘972 patent and demanded, among other things, that Defendant immediately discontinue the
25 Infringing Product and cease and desist from further manufacture, importation, selling, offering to
26 sell, marketing, or advertising the Infringing Product.
27 19. Defendant has failed to abide by Plaintiff’s demands in the Letter.
28
3
COMPLAINT
55822921;1
1 20. In fact, Defendant did not respond to the Letter in any manner, disregarding it and the
2 fact that it is infringing the ‘972 patent.
3 21. Defendant continues to infringe the ‘972 patent. Such infringement has been and
4 continues to be with full knowledge of the ‘972 patent and of the infringement, making such
5 infringement willful.
6 22. Defendant’s infringement has injured and continues to injure Plaintiff.
7 23. Plaintiff is entitled to damages as a result of Defendant’s infringement, including
8 Defendant’s total profit resulting from its infringement, a reasonable royalty adequate to compensate
9 for the infringement, and/or Plaintiff’s lost profits, as well as pre- and post-judgment interest, and
10 such further relief as the Court deems just and proper.
11 24. Because Defendant’s infringement is willful, Plaintiff is further entitled to a finding
TEL.: (213) 688-9500 – FAX: (213) 627-6342
12 that this is an exceptional case and an award of treble damages as well as Plaintiff’s reasonable
13 attorney’s fees.
AKERMAN LLP
14 25. Upon information and belief, Defendant’s infringement will continue, causing Plaintiff
15 irreparable harm by, among other things, decreasing Plaintiff’s market share, unless Defendant is
16 permanently enjoined from such infringement.
17 COUNT II – INFRINGEMENT OF THE ’066 PATENT
19 27. On April 3, 2012, the U.S. Patent and Trademark Office duly and legally issued the
20 ’066 Patent , a copy of which is attached as Exhibit C.
21 28. Defendant is offering to sell and selling in the United States, as well as upon
22 information and belief making or importing into the United States, the Infringing Product.
23 29. As shown in the comparison between the Infringing Product and figures from the ’066
24 Patent in the chart attached as Exhibit D, the ornamental design of the Infringing Product appears
25 substantially the same to an ordinary observer as Plaintiff’s patented design of the ’066 Patent.
26 30. Upon information and belief, Defendant became aware of the commercial success of
27 Plaintiff’s product embodying the design covered by the ‘066 patent and intentionally copied the
28 design.
4
COMPLAINT
55822921;1
1 31. Defendant has been made aware of its infringement of the ’066 Patent at least as of the
2 date it receives a copy of this Complaint. Any subsequent continued infringement of the ’066 Patent
3 is willful.
9 34. Because any ongoing infringement is willful, Plaintiff is further entitled to a finding
TEL.: (213) 688-9500 – FAX: (213) 627-6342
AKERMAN LLP

15 COUNT III – INFRINGEMENT OF THE ’421 PATENT
17 37. On September 2, 2014, the U.S. Patent and Trademark Office duly and legally issued
18 the ’421 Patent, a copy of which is attached as Exhibit E.
19 38. Plaintiff owns all right, title, and interest in the ’421 Patent.
20 39. Defendant has infringed and continues to infringe, literally or under the doctrine of
21 equivalents, directly or indirectly, one or more claims of the ’421 Patent, including at least claim 5,
22 by making, importing, offering to sell, and/or selling the Infringing Product.
23 40. Claim 5 of the ’421 Patent recites:
24 A massager, comprising:
25 a first end configured to be held and manipulated by the hand of a user;

26 a second end configured for application to a portion of the human body, the second
end comprising at least two flexible members extending away from the first end and
27
having the tip of each member providing a point of vibration by way of a source of
28 vibrational motion that is disposed within the second end and distal from the tips,
5
COMPLAINT
55822921;1
1 wherein the members can be manipulated to apply stimulation to the same point on the
human body and can also be maneuvered to apply simultaneous stimulation in
2 different points; and
3 a flexible portion connecting the first end to the second end, wherein the flexible
4 portion comprises a flexible substructure and
5 wherein the flexible portion comprises a boot covering the flexible substructure.
6 41. The Infringing Product is a massager that includes a first end configured to be held and
7 manipulated by the hand of a user. For example, as shown in Exhibit F, the Infringing Product has an
8 end configured to be manipulated by a user’s hand.
9 42. The Infringing Product also includes a second end on the opposite side configured for
10 application to a portion of the human body. See Exhibit F.
11 43. The Infringing Product’s second end includes two flexible members extending away
from the first end.

TEL.: (213) 688-9500 – FAX: (213) 627-6342
12
13 44. As shown in the teardown photograph of the Infringing Product attached as Exhibit G,
AKERMAN LLP
14 the tip of each flexible member of the Infringing Product provides a point of vibration by way of a
15 source of vibrational motion located within the second end and distal from the tips.
16 45. The Infringing Product’s flexible members can be manipulated to apply stimulation to
17 the same point on the human body and can also be maneuvered to apply simultaneous stimulation in
18 different points.
19 46. The Infringing Product also includes a flexible portion connecting the first end to the
20 second end, wherein the flexible portion includes a flexible substructure. See Exhibits G and H.
21 47. The flexible portion of the Infringing Product includes a boot covering the flexible
22 substructure. For example, the Infringing Product pictured in Exhibit F has a light green layer (the
23 boot) on top of the flexible substructure (see in Exhibit G with the boot removed).
24 48. Defendant has been made aware of its infringement of the ’421 Patent at least as of the
25 date it is served with this Complaint. Any subsequent continued infringement of the ‘421 Patent is
26 willful.
28
6
COMPLAINT
55822921;1
5 51. Because any ongoing infringement is willful, Plaintiff is further entitled to a finding
11 PRAYER FOR RELIEF
TEL.: (213) 688-9500 – FAX: (213) 627-6342
12 WHEREFORE, Plaintiff prays that the Court enter judgment against Defendant for
13 infringement of the Patents-in-Suit and grant relief as follows:

AKERMAN LLP
14 1. a permanent injunction prohibiting Defendant and its agents, directors, officers,
15 employees, parents, subsidiaries, affiliates, and successors, and all those in active
16 concert or participation with them, from committing further acts of patent
17 infringement;
18 2. an award of damages, including an accounting and award of Defendant’s total profit, a
19 reasonable royalty, and/or Plaintiff’s lost profits, together with pre-judgment interest
20 and post-judgment interest;
21 3. a finding that Defendant has willfully infringed the Patents-in-Suit and that this is an
22 exceptional case, and an award of treble damages as well as Plaintiff’s reasonable
23 attorney’s fees;
24 4. Defendant’s costs; and
25 5. such other and further relief as this Court deems proper and just.
26 JURY DEMAND
27 Plaintiff hereby demands a trial by jury as to all issues so triable as a matter of right.
28 ///
7
COMPLAINT
55822921;1
1 Respectfully submitted,
2 Dated: December 22, 2020 AKERMAN LLP
3 By: /s/ Joshua R. Mandell

Joshua R. Mandell
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Attorneys for Plaintiff
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TEL.: (213) 688-9500 – FAX: (213) 627-6342
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AKERMAN LLP
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COMPLAINT
55822921;1
Case 3:20-cv-09295 Document 1-1 Filed 12/22/20 Page 1 of 8
EXHIBIT A
EXHIBIT B
EXHIBIT B
Plaintiff’s ’972 patent Defendant’s Infringing Product
54175629;1
54175629;1
EXHIBIT C
USOOD657066S
(12) United States Design Patent (10) Patent No.: US D657,066S

Imboden et al. (45) Date of Patent: Apr. 3, 2012
(54) MASSAGE DEVICE (56) References Cited

(75) Inventors: Ethan F. Imboden, San Francisco, CA U.S. PATENT DOCUMENTS
D197,889 S 4/1964 Hass ............................... 24, 194
(US); Yves Behar, San Francisco, CA D366,673 S 1/1996 Harling-Berg .................. 21,623
(US); Josh Morenstein, San Francisco, D586.469 S 2/2009 Henry ............................. 24, 200
CA (US); Jeff Wyatt, Bozeman, MT D631,972 S * 2/2011 Imboden et al. ............. D24,215
(US) * cited by examiner
Primary Examiner — Sandra Snapp
(73) Assignee: Jimmyjane, Inc., San Francisco, CA (74) Attorney, Agent, or Firm — Winston & Strawn LLP
(US) (57) CLAM
The ornamental design for a massage device, as shown and
(**) Term: 14 Years described.
DESCRIPTION
(21) Appl. No. 29/384,606
FIG. 1 is a front perspective view of a massage device accord
(22) Filed: Feb. 1, 2011 ing to my new design;
FIG. 2 is a front view of the massage device of FIG. 1;
Related U.S. Application Data FIG. 3 is a rear view of the massage device of FIG. 1;
FIG. 4 is a side view of the massage device of FIG.1, to which
62) Divisi
(62) Division offaroplication
application No.
No 29/342.528,
ZS, filed
Illed on Aug.
on Aug an opposite side view is Substantially identical;
FIG. 5 is a top view of the massage device of FIG. 1;
26, 2009, now Pat. No. Des. 631,972. FIG. 6 is a bottom view of the massage device of FIG. 1;
(51) LOC (9) Cl. .................................................. 28-03 FIG. 7 is a front perspective view of an alternative embodi
ment of a massage device according to my new design;
(52) U.S. Cl. ...................................................... D24/215 FIG. 8 is a front view of the massage device of FIG. 7:
(58) Field of Classification Search ................. D24/200, FIG. 9 is a rear view of the massage device of FIG.7:
FIG. 10 is a side view of the massage device of FIG. 7, to
D24/204, 206, 211-215, 201: 601/19, 22, which an opposite side view is substantially identical;
601/27, 28, 29, 30, 31, 39, 46, 56,63, 68, FIG. 11 is a top view of the massage device of FIG. 7; and,
601/72, 80, 125, 135,157, 169, DIG. 12, FIG. 12 is a bottom view of the massage device of FIG. 7.
601/DIG. 14, DIG. 16, DIG. 17; D6/335, Elements shown in broken lines show environmental struc
tures of the massage device and form no part of our design.
D6/336; D21/685
See application file for complete search history. 1 Claim, 12 Drawing Sheets
U.S. Patent Apr. 3, 2012 Sheet 1 of 12 US D657,066S







·*
çº
*
Yxsities 1



EXHIBIT D
EXHIBIT D
Plaintiff’s ’066 Patent Defendant’s Infringing Product
55513036;2
55513036;2
EXHIBIT E
USOO882.1421B2
(12) United States Patent (10) Patent No.: US 8,821,421 B2

Imboden et al. (45) Date of Patent: Sep. 2, 2014
(54) MASSAGE DEVICE WITH FLEXIBLE 3,364,922 A 1, 1968 Teranishi ........................ 6O1/72
SUBSTRUCTURE 3,699,952 A 10, 1972 Waters et al. ................... 601.18
4,149,530 A 4, 1979 Gow ............................... 6O1/72
4,878.489 A 1 1/1989 Kamavachi ..................... 128.36
(75) Inventors: Ethan F. Imboden, San Francisco, CA 5,176, 130 A 1, 1993 Kim y . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601? 15
(US); Yves Behar, San Francisco, CA D345,801 S 4/1994 Bosch ..... ... D24, 200
(US); Josh Morenstein, San Francisco, 5,336,159 A 8/1994 Cheng ............................. 601? 15
CA (US); Jeff Wyatt, Bozeman, MT 5,413,551 A 5/1995 Wu ................................. 601.46
(US) 5,471,695 A * 12/1995 Aiyar ............. ... 15.22.1
D366,673 S 1/1996 Harling-Berg . ... D21,623
D366,703 S 1/1996 Huen ................. ... D24,214
(73) Assignee: JJ Acquisition, LLC, San Francisco, CA 5,704,902 A 1, 1998 Whenbelt et al. ............ 6O1/72
(US) (Continued)
(*) Notice: Subject to any disclaimer, the term of this FOREIGN PATENT DOCUMENTS
patent is extended or adjusted under 35
U.S.C. 154(b) by 258 days. AU 2004 200 676 A1 9, 2004
DE 33 16 100 A1 11, 1984
(21) Appl. No.: 12/868,498 (Continued)
(22) Filed: Aug. 25, 2010 OTHER PUBLICATIONS
(65) Prior Publication Data International Search Report and Written Opinion, Appl. No. PCT/
US 2011/007 1445 A1 Mar. 24, 2011 US2010/046656, Apr. 29, 2011.
(Continued)
Related U.S. Application Data
(60) Provisional application No. 61/237,186, filed on Aug. Primary Examiner — Michael A. Brown
26, 2009. (74) Attorney, Agent, or Firm — Ungaretti & Harris LLP
(51) A6H5/00
Int. Cl. (2006.01) (57) ABSTRACT
(52) U.S. Cl. A massage device, methods and apparatus are disclosed.
USPC .............................. 601/46; 601/134; 601/135 Embodiments of a massage device are provided that include
(58) Field of Classification Search a first end configured to be held and manipulated by the hand
USPC ................ 601/46, 72, 84,134, 135, 137, 140 of a user and a second end configured for application to a
See application file for complete search history. portion of the human body. The device further includes a
flexible portion connecting the first end to the second end. The
(56) References Cited flexible portion contains a source of vibrational motion and
has a rigidity of an amount Sufficient to transmit the vibra
U.S. PATENT DOCUMENTS tional motion from the source to the second end of the device.
D85,323 S 10/1931 Carder ......................... D26, 104
D197,889 S 4, 1964 Hass ............................ D24,194 11 Claims, 10 Drawing Sheets
US 8,821.421 B2
Page 2
(56) References Cited 2003/0103088 A1 6/2003 Dresti et al. .................. 345,835

2003/0195441 A1 10/2003 Firouzgar ... ... 601.46
U.S. PATENT DOCUMENTS 2004/0068213 A1 4/2004 Fujisawa ...... ... 601/70
2004/O132439 A1 7/2004 Tyagi et al. ................... 455,419
5,857,986 A 1/1999 Moriyasu ........................ 601? 49 2004/O193079 A1 9/2004 Siddhartha ...................... 6O1/72
5,894,670 A 4/1999 ISO et al. .. ... 30,541 2004/0260212 A1 12/2004 Cho ......... ... 601/15
D414,582 S 9/1999 Hwang ............................ D28.9 2005, 0004429 A1 1/2005 Tracanna ... 60038
5,951,500 A 9, 1999 Cutler ............................. 6O1/47 2005/0O27794 A1 2/2005 Decker .... TO9,201
5.956.484. A 9/1999 Rosenberg et al. 709f2O3 2005/0054450 A1 3/2005 Yamaguchi. ... 463,58
5,966,821. A 10/1999 Armbruster et al. ... 30,537 2005/0075072 A1 4/2005 Apitzsch. 455,412
6,027,463 A 2/2000 Moriyasu ....... ... 601.46 2005.0075589 A1* 4, 2005 Friedland ........ ... 601/72
6,028,531 A 2/2000 Wanderlich . ... 340.7.6 2005/0090768 A1 4/2005 Brattesani et al. ... 601/70
6,234,986 B1 5/2001 Raffo et al. . ... 601/72 2005/0203448 Al 9/2005 Harris, Jr. et al. ............... 601 72
6,312,397 B1 1 1/2001 Gebhard ..... ... 601/15 2005/0268472 A1 12/2005 Bourikov et al. .............. 3Of 537
D454,959 S 3, 2002 Harris et al. ... D24,215 2006, OO58714 A1 3/2006 Rhoades ................ ... 601/73
6,368,268 B1 4/2002 Sandvick et al. ............... 600/38 2006/0278514 A1 12/2006 Roussin-Bouchard 200,512
6,432,071 B1 8/2002 Hsieh .............................. 601 72 2007/0055096 A1 3/2007 Berry et al. ... ... 60038
D466,217 S 11/2002 Harris et al. D24,215 2007/01794.12 A1 8, 2007 Imboden et al. ... 601/72
D466,612 S 12/2002 Harris et al. ... D24,215 2007/01794.13 A1 8, 2007 Imboden et al. ... 601/72
D475,793 S 6/2003 Tinsley ....... ... D24/214 2007/0179414 A1 8/2007 Imboden et al. ... 601/72
D476,087 S 6, 2003 Dirks et al. . D24, 215 2008.OOO9775 A1 1/2008 Murison ...... ... 601.46
D485,910 S 1/2004 Chan ........... D24,215 2008/0091128 A1 4/2008 Nan ...... ... 601/70
6,741,895 B1 5/2004 Gafni et al. . 607 138 2008. O154161 A1 6/2008 Abbott ............ 601 113
D509,301 S 9, 2005 Talbot et al. D24,215 2008/0306417 A1 12/2008 Imboden et al. .............. 601 134
D510,628 S 10/2005 Talbot et al. ... D24,215
D517,218 S 3/2006 Kalen ............ D24,215 FOREIGN PATENT DOCUMENTS
7,026,789 B2 4/2006 Bozzone et al. 320, 108
D523,562 S 6, 2006 Telford ....... D24,215 DE 10352,219 A1 6, 2005
7,083,581 B2 8/2006 Tsai ................................ 601 15 DE 20 2005 O15767 U1 2, 2006
7,169,120 B2 1/2007 Murdock et al. .............. 601 129 JP 2002-308.355 A 10, 2002
D539,917 S 4/2007 Park ............ D24,215 JP 2003-070866. A 3, 2003
D546,958 S 7, 2007 Kim .. ... D24,215 JP 2003-144508 A 5, 2003
D549,350 S 8, 2007 Wu ...... D24,215 JP 2005-007164 A 1, 2005
7,282,036 B2 10/2007 Masuda ... 601/72 JP 2005-237911 A 9, 2005
7,282,037 B2 10/2007 Cho ... ... 601/80 KR 10-1990-0017556 A 12, 1990
D571,926 S 6, 2008 Wu ............. D24,215 KR 20-0336728 Y1 12/2003
D574,504 S 8/2008 Imboden et al. D24, 215 KR 20-0345467 Y1 3, 2004
D576.739 S 9/2008 Mock et al. .................... D25/48 NL 93.00507 A 10, 1994
D576,769 S 9/2008 McGarity ...................... D28.73 WO WO99.37267 A1 7, 1999
7,438,681 B2 10/2008 Kobashikawa et al. ... 600/38 WO WOO1,08628 A1 2, 2001
D583,064 S 12/2008 Ferber et al. ....... D24,215 WO WO 2004/069 128 A1 8, 2004
D586.469 S 2/2009 Henry ......... D24, 200
D597,211 S 7/2009 Ewing et al. ... D24,187 OTHER PUBLICATIONS
7,577,476 B2 8, 2009 Hochman et al. 600,546
D610,695 S 2/2010 Forte............ D24,211 International Search Report and Written Opinion, Appl. No. PCT/
D612,511 S 3/2010 Mills et al. .. D24, 212 US2007/02259, Dec. 17, 2007.
7,733,056 B2
7,749,178 B2 6/2010 Hartung etetal.al. ...
7/2010 Imboden E.
... 601/15 Partial
1al International
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Searcn Report. Appl. No.
Keport, Appl. No. PCT US2008050641
7,815,582 B2 10/2010 Imboden et al. ... ... 601/15 Apr. 28, 2008.
D631,972 S 2/2011 Imboden et al. ... D24,215 International Search Report and Written Opinion, Appl. No. PCT/
D631,973 S 2/2011 Imboden et al. ... D24, 215 US2008/050641, Jun. 16, 2008.
D631,974 S 2/2011 Imboden et al. ... D24,215 Supplementary European Search Report, Appl. No. EP 10814279,
7.938,789 B2
7,946,977 B2
5/2011 Imboden et al.................... 600/38
5/2011 Klearman et al. .
601/46 No. 27, 2012.
2002fOO65477 A1 5/2002 Boyd et al. ..... ... 601.47 Rocks-Off, Finger Tingles. http://www.rocks-off.us/finger tingles.
2002/009.5103 A1 7, 2002 Blue ........ 60/46 asp, Mar. 2009.
2002/0133103 A1 9, 2002 Williams et al. ... 601.46
2002/0156402 A1 10/2002 Woog et al. ..................... 601? 46 * cited by examiner
U.S. Patent Sep. 2, 2014 Sheet 1 of 10 US 8,821,421 B2

s

FIG.4

i

S.
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OO
ve
on
S

i
US 8,821,421 B2
1. 2
MASSAGE DEVICE WITH FLEXBLE According to various embodiments, a massager can
SUBSTRUCTURE include two flexible members extending from the device and
having the tip of each members providing a point of vibration.
The present application claims the benefit of U.S. Provi The members can be manipulated to apply stimulation to the
sional Patent Application No. 61/237,186 filed Aug. 26, 2009, same point on the human body and can also be maneuvered to
which is incorporated herein in its entirety by reference. apply simultaneous stimulation in different points. The two
members are approximately of the same height or dimension
SUMMARY and are movable independently of one another. In some
10
embodiments, each of the two flexible members comprises a
The present patent application relates to a massager, asso flexible substructure and a boot covering the flexible sub
ciated methods and apparatus. In some embodiments a mas Structure.
Sager is provided that includes a first end configured to be held According to various embodiments, a massager may
and manipulated by the hand of a user and a second end include a spine that configures the massager device to be more
configured for application to a portion of the human body. The 15 rigid in a first direction as opposed to a second direction. The
massager further includes a flexible portion connecting the spine may comprise a thin piece of material. The thin piece of
first end to the second end. The flexible portion contains a material may have a rectangular shape.
Source of vibrational motion and has a rigidity of an amount The nature and various advantages of present inventive
sufficient to transmit the vibrational motion from the source massager, methods, or apparatus will become more apparent
to the second end of the device. In some embodiments, the upon consideration of the following description taken in con
flexible portion can extend into an interior of the second end junction with the accompanying drawings. Additional inven
of the device, thereby achieving the transmission of vibra tive systems, methods, process, or features can also be under
tional motion by positioning the source of vibrational motion stood from the following description and drawings.
within the second end of the device. Additionally or alterna
tively, the source of vibrational motion can extend beyond an 25 BRIEF DESCRIPTION OF THE DRAWINGS
end of the flexible portion and into the interior of the second
end of the device. Further still, the source of vibrational FIG. 1 is a front perspective view of a massager according
motion can transmit the vibrational motion throughout the to a first embodiment of the present invention;
device. FIG. 2 is a rear perspective view of the massager of FIG.1;
According to various embodiments, a massager can com 30 FIG. 3 is an exploded view of the massager of FIG. 1;
prise: a first end configured to be held and manipulated by the FIG. 4 is a perspective view of the massager of FIG. 1
hand of a user; a second end configured for application to a assembled with a charging base;
portion of the human body; and a flexible portion connecting FIG. 5 is an exploded view of the assembly of FIG. 4;
the first end to the second end, wherein the flexible portion FIG. 6 is a front perspective view of a massager according
contains a source of vibrational motion and has a rigidity of an 35 to a second embodiment of the present invention;
amount sufficient to transmit the vibrational motion from the FIG. 7 is an exploded view of the massager of FIG. 6;
source to the second end of the device, wherein the source is FIG. 8 is a front perspective view of a massager according
disposed distal from the second end. to a third embodiment of the present invention;
In some embodiments of the massager, the flexible portion FIG. 9 is an exploded view of the massager of FIG. 7; and
comprises a flexible Substructure and a boot covering the 40 FIG. 10 is a cross-sectional view of the massager of FIG. 7.
flexible substructure. In some embodiments, the flexible sub
structure has a Shore durometer value higher than a Shore DETAILED DESCRIPTION
durometer value of the boot. In one embodiment, the mas
Sager can include a valve to exchange air. The massager can Turning to the drawing figures, where similar numbers are
be water-proof. The valve can comprise a membrane. 45 used to represent similar features, FIGS. 1 and 2 show an
In some embodiments, the flexible portion can comprise embodiment of the present invention, wherein a massager 10
two flexible members extending from the first end. One includes a first end 12, a second end 14 and a midsection 16.
source can vibrate the two flexible members. In some In the present embodiment, first end 12 is in the form of a base
embodiments, there can one be included one source per flex end that includes controls for various electronic features of
ible member. Optionally, each source may be individually 50 the massager 10 and also houses most of the electronic com
controllable. The massager can comprise a heat generating ponents of the massager 10, as discussed below with refer
SOUC. ence to FIG. 3. First end 12 is generally sized and shaped to
In some embodiments, the vibrations from the source are provide a portion of the massager 10 for the user to grasp
dampened proximate the first end; the end for holding the during use of the massager 10, but is also designed to provide
massager. In some embodiments, the flexible portion is more 55 auseable area for the massager 10. Accordingly, the majority
flexible when bent on the Y-Z plane then when bent on the offirst end 10 is substantially smooth and forms a continuous,
X-Y plane. rounded surface, with the exception of the controls 18 and the
According to various embodiments, the massager can charging contacts 20.
include a vibration source: a rib to define a shape, wherein the Second end 14 is generally intended to form the primary
rib conducts vibrations from the vibration source; and a flex 60 useable portion of massager 10 that is configured to be
ible material complimenting the rib. Stimulation may be applied to various parts of the human body to achieve various
applied through and with the flexible material to an area of the forms of massage, including relaxation massage, muscular/
human body wherein the point of the contact to the human tissue massage, and erotic massage. Regardless of the type of
body is also a vibration point. The flexible material can massage intended, it is desirable that second end 14 be shaped
include a flexible substructure and a boot covering the flexible 65 to provide a smooth surface that can comfortably move while
substructure. The rib can define a shape adapted to receive a in contact with the human body. It is also important that
human digit. second end 14 be shaped to adequately direct the force
US 8,821,421 B2
3 4
applied by the user to the tissue upon which massager 10 is example, appropriate handling of the number and/or size of
used, without creating discomfort through areas of excessive the vibrating motors used (which can result in varying power
pressure. requirements) and can be achieved, for example, by Soldering
Midsection 16 generally forms the transition or connection specific jumpers thereto, as would be understood by one of
between first end 12 and second end 14. Depending on the 5 ordinary skill in the art. Variations of PCB 31 that are pro
specific form of the massager 10, midsection can take on a grammable or otherwise customizable to work with addi
variety of specific shapes that may be largely dictated by the tional variations in massager types and configurations are
actual shapes of first and second ends 12, 14. Generally contemplated. For example, PCB 31 can include flash
speaking, midsection 16 should be generally smooth through memory or the like that can allow customization of massager
out and should form Substantially smooth transitions with and 10 control by changing firmware, rather than hardware.
between first end 12 and second end 14. In various embodi The buttons 70a, 70b, 70c of PCB 31 are positioned
ments of the massager of the present invention, midsection 16 beneath cover 32, which is substantially flexible such that
may contribute to aspects of the massage characteristics of the when the user presses one of the controls 18a, 18b, 18C, cover
massager 10, as will be discussed below. 32 deforms therebeneath. Cover 32 is adaptable to provide a
FIG. 3 is an exploded view of massager 10 that shows the 15 transition between a common control housing 28 and mid
structure of and relationship between both external and inter sections of various configurations that may be used in a num
nal components of massager 10. Massager 10 includes an ber of devices having different midsection and second end
outer boot 22 that forms most of the outside surface of mas shapes. The use of cover 32, provides a smooth transition
sager 10 and encloses its internal components. Preferably, the between control housing 28, and the flexible boot 22, espe
only portion of the outside surface of massager 10 that is not cially during manipulation of controls 18a, 18b, 18c. Cover
defined by boot 22 is the contact surfaces 24, which are used 32 further prevents any adhesives used during assembly of
to make an electrical connection between massager 10 and a massager 10 from interfering with the functioning of controls
corresponding charging unit (discussed below) for purposes 18a, 18b, 18C. Preferably, different covers can be used with
of recharging the massager 10 between uses. The internal corresponding flexible substructures wherein the different
components of massager include motor unit 26, control hous 25 covers are configured to match the profile the portion of the
ing 28, and a flexible substructure 30. The internal compo control housing to which they connect and to vary along the
nents are assembled together and provide the structure for the remaining outside surface, according to the desired shape of
overall shape of massager 10, with boot 10 being substan the flexible substructure. This arrangement allows for a tran
tially flexible and compliant so as to provide a pleasant feel sition to the common control housing 28 from the various
for the user and to Smooth out the overall shape of massager 30 flexible substructure shapes to extend farther toward first end
10. 12 than would otherwise be possible. Button tree 64 is posi
Control housing 28 also encloses most of the electronic tioned inside control housing 28 and is structured to depress
components of massager 10 Such as a rechargeable battery a corresponding one of buttons 70a, 70b, 70c in response to
and printed circuit board (“PCB). The PCB 31 includes the deformation of cover 32 when controls 18a, 18b, 18C are
buttons that are used to control electronic functions of mas 35 depressed. Specifically button tree 64 includes lever arms
Sager 10, Such as turning on and off the electronic motor held 72a, 72b, 72c that correspond to buttons 70a, 70b, 70c and
within motor unit 26 as well as controlling the speed at which provide a link through cover 32 to corresponding controls
the motor rotates. Further control functions of the motor are 18a, 18b, 18c. Preferably, the various forms of the cover that
disclosed in co-pending U.S. patent application Ser. No. may be used in connection with the modular assembly struc
11/971,825 to Imboden, et al. (hereinafter, “the 825 Appli 40 ture described above are structured to maintain a similar
cation”) entitled “Rechargeable Personal Massager and filed “button feel between different variations thereof. This but
Jan. 1, 2008, the entire disclosure of which is incorporated by ton feel can include, for example, the force required to
reference herein. The PCB31 also controls the charging of the depress the controls and the distance of travel required for the
battery and, accordingly, is electronically connected to charg manipulation of the controls to achieve their desired function.
ing contacts 24a, 24b. 45 Consistent button feel can be achieved, for example, by form
In a preferred embodiment, control housing 28 is struc ing the different variations of the cover to share a common
tured so as to be useable in a number of different massage thickness. Such a formation can result in a gap between the
devices that have varying shapes for their respective midsec button tree and cover 32. In such instances spacers 86a,86b
tions and second ends. (See, for example massager 110, as can be included between buttons 70a, 70b, 70c and button tree
shown in FIGS. 6 and 7, and massager 210, as shown in FIGS. 50 64 to take up this gap and to maintain a consistent travel
8-10.) In such an embodiment, control housing 28 can have a distance for buttons 70a, 70b, 70c compared to other embodi
shape intended to be common to the first end 12 of the device mentS.
with a feature for connection thereto of different flexible In the embodiment shown, there are three controls formed
substructures. In the embodiment shown, control housing 28 on boot 22, which include “+” control 18a (which increases
includes a pair of holes 29 formed between mating halves of 55 motor speed), '-' control 18b (which decreases motor
control housing 28 such that the two halves can be assembled speed), and mode control 18c. Mode control 18c preferably
to capture a mating portion of midsection 30 such as a pair of cycles through various additional electronic functions or mas
mushroom tabs (not shown) to secure flexible substructure 30 sage modes. Examples of these modes include: constant, sine
to control housing 28. Preferably, an adhesive can also be curve slow, sine curve fast, ramping, and pulsing. These
used to further secure the attachment. The PCB31 included in 60 modes can additionally include control of multiple motors in
control housing 28 can also be adapted to control common embodiments of the massager including more than one motor.
functions between various massager embodiments that share Examples of such modes are further described in the 825
a common control housing. The PCB31 can further be acces Application. Controls 18a, 18b, 18c can also be used to acti
sible during assembly of the device, such as by opening the vate a “secret mode' of operation for massager 10 by, for
housing to add additional elements to the PCB31 to adapt the 65 example pressing specific ones of controls 18a, 18b, 18c in a
control features to the specific embodiment of the massager predetermined sequence. The secret mode can include the
with which it is used. Such adaptations can include, for implementation of a certain vibrational characteristic for
US 8,821,421 B2
5
massager 10 or can include the implementation of a "chaos' Pressing and holding"+” control 18a turns massager 10 on
mode, whereby the motor is made to vibrate in a random one and begins vibration level 1 and continues to ramp up the
of its prescribed modes at a random power level for a certain speed until the button is released. Massager 10 will then
period of time before the mode is switched to another ran continue to run at that speed
domly-selected mode, and so forth. The secret mode or func When Vibrating Massager is turned on, the mode is always
tion can be one that is not described in the manual that is the same as when massager 10 was last turned off.
distributed with the device when it is sold. The sequence may 2) "Locking and “unlocking massager:
involve pressing a combination of buttons to unlock the secret Pressing and holding"+” control 18a and mode control 18c
mode. For example, the existing functional buttons on the simultaneously for 1.5 seconds locks and unlocks mas
devices may not provide access to that function or mode and 10 Sager 10.
a code must be entered by using existing buttons to unlock and When massager 10 is on, and “+” control 18a and mode
activate the mode. In some instances, such a function may not control 18c are pressed simultaneously for 1.5 seconds,
be necessarily considered to be a “secret” to the user, but there the motor (or motors, if multiple motors are used) stops
may be no corresponding button that is designated to activate and massager 10 is locked.
the mode. Pressing a combination of different buttons, such as 15 When massager 10 is off, and the “+” control 18a and mode
pressing "+” twice and '-' once within a few seconds, or by control 18c are pressed simultaneously for 1.5 seconds,
pressing the "+" and '-' controls within about /2 second of the motor stays off and massager 10 is locked.
each other three times in sequence, for example, can trigger Whenever massager 10 is unlocked it will turn on and begin
the mode. In other words, for example, the buttons for pro vibrating at level 1 and in the same mode it was in just
viding different functions on the massager are being used in prior to being locked.
an unconventional way (not having a known set function for Placing massager 10 in base 90 unlocks it and puts it in the
their use in combination or not corresponding to their desig off mode. Therefore massager 10 is always in the off
nated use) to cumulatively find a new operation of the mas mode (and not locked) when it is removed from base 90.
Sager, specifically a massager. In other embodiments, such The control methods described are by way of example only
“secret functionality may be related to a game function of the 25 and are not intended to be limiting with respect to the opera
massager. This can include using the geometry of the mas tion of massager 10. Different control schemes, employing
Sager, in connection with the vibration of the motors to, for more, fewer, or different controls can be implemented by
example, cause the massager to rotate on a Surface for a those with ordinary skill in the art.
random amount of time or through a random rotational dis Control housing 28 further preferably includes an LED
tance. This allows the massager to be used to control a 'spin 30 light assembly 73 that is comprised of a LED light source on
the-bottle' type game. PCB 31 and a light pipe that carries the light emitted by the
In an exemplary embodiment of a control scheme that can LED light source to the end thereof. The light carried to the
be used in connection with massager 10, the vibration level end of the light pipe of LED assembly 73 is visible through a
can be controlled by two methods: hole 75 in cover 32 in control housing 28 and further visible
1) by clicking the "+” control 18a or the “- control 18b 35 through boot 22 due to the preferred material characteristics
according to the following scheme: thereof. LED light assembly 73 can be used to provide infor
Clicking"+” control 18a once increases the vibration level mation to the user of massager 10 regarding the status of the
by one level massager's operation. For example, LED light assembly 73
Clicking '-' control 18b decreases it by one level can indicate when the massager is on, off, or in locked mode
Clicking"+” when massager 10 is on level 5 (the top speed) 40 by flashing or constantly illuminating according to a pre
has no effect scribed pattern. LED light assembly 73 can also provide
Clicking '-' when massager 10 is on level 1 stops all information regarding the charge level of the battery, for
vibration, turning massager 10 off; or, example by illuminating for a predetermined amount of time
2) by pressing and holding the "+” control 18a or "- or flashing a predetermined number of times when massager
control 18b according to the following scheme: 45 10 is removed from its charging base 90. Additionally, a larger
Pressing and holding “+” control 18a causes the vibration LED light assembly, a plurality of LED light assemblies, an
level to step up through the levels, with 0.25s between electroluminescent panel, an OLED or other light Source can
steps, until the button is released, or massager 10 reaches be included in massager 10, possibly at varying locations
its top speed (LEVEL 5). throughout the interior of massager 110, such as beneath boot
Pressing and holding '-' control 18b causes the vibration 50 22 on or near second end 114, so as to illuminate Substantially
level to step down through the levels, with 0.25 s the entire form of massager 10 or to illuminate a portion of
between steps, until the button is released, or massager massager 10 at one or more desired locations. Such “night
10 reaches level 1. (To then turn massager 10 all the way light” or lighting functions could also include forming the
off, '-' control 18b must then either be held for an internal components, where possible, from a translucent
additional 0.5 s, or can be clicked or pressed again.) 55 material and can be incorporated in the communicative
In addition to the various controls of the vibration of mas aspects of LED light assembly 73, discussed above.
sager 10 when the device is turned on, controls 18a, 18b, 18C Boot 22 is preferably formed from a flexible, rubbery mate
can be used to turn massager 10 off and to enter a “lock” rial such as a silicone or a thermoplastic elastomer (“TPE’).
mode, preferably in accordance with the following exemplary In a preferred embodiment, boot 22 is molded as a separate,
scheme: 60 unitary structure and is fitted over the assembled internal
1) Behavior when massager 10 is “off: components of massager 10. The flexible nature of the sili
Clicking or pressing and holding '-' control 18b or mode cone or TPE allows boot 22 to flex and stretch, as necessary,
control 18c has no effect when massager 10 is off. to fit over any larger portions of massager 10 during assembly.
(Clicking or pressing mode control 18c does not change A flexible adhesive, such as a silicone-based adhesive is pref
the mode of vibration.) 65 erably applied between the internal components of massager
Clicking "+” control 18a turns massager 10 on and begins 10 and the inside surface of boot 22 to maintain the appropri
vibration at level 1. ate position of boot 22. Preferably, a low-viscosity adhesive is
US 8,821,421 B2
7 8
applied to achieve a substantially thin and even layer of adhe included in control housing 28. The selectively permeable
sive. The use of an adhesive to secure boot 22 to the internal membrane is preferably formed from Gore-TexTM or other,
components of massager 10 help to keep boot Smooth and similar materials that are constructed to allow permeation by
Substantially free of bumps and wrinkles during use, particu air, but not by water or other liquids. Accordingly, this struc
larly when massager is bent or flexed as allowed by flexible ture, acts as a valve for air movement, while retaining the
midsection 30. Further, the use of adhesive allows boot 22 to desired waterproofing characteristics of massager 10.
provide additional structural Support for the internal compo Adequate movement of air through such a valve can be
nents of massager 10 Such as between motor housing 26 and achieved through an area as small as 3 mm or less, and more
flexible Substructure 30 or between flexible Substructure 30 preferably 1.5 mm or less. The valve is preferably in the form
and control housing 28. The material used to form boot 22 10 of a Gore-TexTM membrane that is secured by into an appro
preferably has a durometer of between Shore 35A and Shore priately-sized section of plastic tubing, preferably by insert
44A, which provides a substantially soft and pliant tactile molding the tubing around the Gore-TexTM membrane or by
quality for boot 22 when formed at a preferred material thick alternative methods such as adhesive, heat seating, ultrasonic
ness of between 1 mm to 10 mm and, more preferably, welding or the like. In an alternative embodiment, a mechani
between 2 mm and 5 mm. It is noted that the preferred mate 15 cal valve, such as a check-valve or the like can be used. The
rial thickness can vary with the desired material characteris valve is then secured, preferably by glue or alternatively by
tics of boot 22, such as flexibility, softness, etc. ultrasonic welding or the like, into a corresponding hole in
Boot 22 forms a flexible skin that preferably waterproofs control housing. The valve hole is preferably positioned on
the entire structure of massager 10, with the exception of the control housing 28 so as to locate valve beneath charging
single boundary at its opening. This opening is Substantially contact cap 24 in the portion thereofthat is outside of channel
sealed by the adhesive between boot 22 and control housing 25. A notch 88 is preferably formed in charging contact cap 20
28 around the opening of boot. A portion of control housing to allow the air passing through the valve to escape there
28 that is located within the opening of boot 28 is substan through to the outside of massager 10, or Vice-versa.
tially waterproofed by using adhesive to seal any openings or Motor unit 26 contains an electronic motor with an output
seams therein, including the seam between halves of control 25 shaft having an offset weight attached thereto (see FIG. 7
housing 28 and the openings for the leads that connect the detail and the description of the 825 Application) such that a
charging contacts 24a, 24b to the PCB 31 through control vibration is created by the motor when running. The motor is
housing 28. Charging contact cap 20 fits into the opening in electronically connected to the PCB 31, which controls and
boot 22 and is affixed to control housing 28. Charging contact powers the motor via the battery, by wires that run through
cap 20 is comprised of two metal contacts 24a, 24b that are 30 flexible substructure 30. In the embodiment shown motor unit
insert-molded into a plastic structure. This production 26 is positioned within second end 14 of massager 10.
method (rather than assembly of separate parts) essentially Although other arrangements are possible, the arrangement
fuses the parts together, making them a sealed, unified assem shown in FIG. 3 can be preferred, where the size and shape of
bly. The assembly of charging contact cap 20 onto control second end 14 permits, because it achieves the maximum
housing 28, which is preferably achieved by a combination of 35 amount of transfer from the vibrating motor to the point of
pressure-fit and glue, captures a portion of boot 22 therebe application for massager 10.
tween, providing pressure on boot 22, around its opening, to Flexible substructure 30 is formed to provide a level of
create a seal therebetween and to prevent boot 22 from pulling compliance or flexion to the structure of massager 10.
away from control housing 28 around the opening thereof or Depending on the overall form of the massager, it might be
from charging contact cap 20 around the edge thereof. An 40 desired to have different portions thereof be compliant or
O-ring or gasket, preferably formed from silicone is posi flexible, but in the embodiment shown in FIGS. 1-3 it is
tioned within channel 25 formed in charging contact cap 24 desired to include flexibility between first end 12 and second
between charging contacts 24a, 24b. Channel 25 is positioned end 14. The flexibility provided by flexible substructure 30
to abut a portion of control housing 28 beneath charging has many benefits, including making massager 10 more com
contact cap 24, forming a seal therebetween, and, accord 45 patible with different portions of the human body or to com
ingly, isolating charging contacts 24a and 24b and their pensate for variations within specific body parts between
respective leads from each other. This arrangement helps to different individuals. Additionally, the flexibility can increase
Substantially prevent shorting between contacts 24a and 24b comfort and provide a more lifelike feel for massager 10. It
due to water that may enter beneath the outer portion of the can also allow the user to change, to an extent, the relative
charging contact, as defined by the channel 25. The result of 50 position of different portions of the massager, in this case first
this preferred combination of sealing measures preferably end 12 and second end 14, which can provide variations
ensures a Substantially waterproof seal, resulting in a com within the sensations provided by massager and/or allow the
pletely-submersible massager 10. Additional waterproofing user to provide sensation to different body parts, simulta
measures can be employed within massager 10. Such as by neously. In an additional embodiment, flexible substructure
forming joints between mating parts of control housing 28 55 30 (or flexible substructures 130 in FIGS. 6 and 7 and 230 in
with V-grooves that Substantially accumulate glue therein FIGS. 8-10) can be formed to have a certain amount of
when used to secure the parts together. The use of adhesive to “memory', either by material selection or by including addi
secure boot 22 to the internal components of massager 10, as tional structures therein, such as pliable wire, hinges, spines,
mentioned above, also helps to waterproof massager 10 by a flexible conduit or the like. Such additional structures would
Substantially sealing boot 22 over any seams in motorhousing 60 preferably be substantially covered by, or embedded in, the
26 or control housing 28. material offlexible substructure 30. For example, spine 77, as
In a preferred embodiment, it may be desired to allow shown in FIG. 3, or a similar structure, can be formed from a
ingress and egress of air from the inside of massager 10 to the material that is capable of being manipulated into a bent shape
outside to prevent separation of boot 22 from the internal that it can substantially hold. Alternatively, spine 77 can be
components of massager 10 due to changes in air pressure 65 adapted to include a mechanical structure that can bend and
caused by varying altitude or temperature. To provide for this hold a shape and can be further adapted to affix to motor
ingress and egress, a selectively permeable membrane can be housing 26 at one end and to control housing 28 at the other.
US 8,821,421 B2
10
The use of Such structures incorporating some degree of aspects. The flexion characteristics of flexible substructure
memory can allow the user of massager 10 (or massager 110 can be adjusted, as desired, by changing the configuration of
or massager 210) to direct the force applied by massager, and spine 77. Such as by altering the shape (e.g., tapering spine 77
preferably by second end 14, to a specific part or parts of the along its length), or adjusting the thickness 76, its width 78 or
body or can allow for second end 14 to reach to a specific part the distance by which it extends into flexible substructure 30.
or parts of the body that otherwise might be more difficult to Preferably, flexible substructure 30 and spine 77 are struc
reach. Generally, the amount of memory provided will be tured such that the ratio of the force required to achieve
Such that the selected shape would not significantly change flexion in the direction on the Y-Z plane to the force required
under the force of normal use, but can be changed or adjusted to achieve flexion in the direction on the X-Y plane is less than
by the user, when desired. In some embodiments, the position 10 about 0.75 and more preferably about 0.5. FIGS. 4 and 5 show
can be selectively locked and unlocked by the user. Flexible the use of an embodiment of a charging base 90 with an
substructure 30 also provides support for motor unit 26 within embodiment of a massager 10. Charging base has a pair of
the massager 10, protects the wiring connections between electrical contacts 92a, 92b that align with respective ones of
motor unit 26 and control housing 28, and Supports the outer the contacts 24a, 24b included in charging contact cap 20 to
boot 22 during flexion of massager 10 so that the skin formed 15 providepositive and negative connections to provide power to
by boot 22 is as smooth as possible before, during, and after massager 10, preferably for recharging the battery contained
flexion. Preferably, flexible substructure 30 is formed from within control housing 28. Charging base 90 is preferably
IPE, or other flexible material such as silicone or the like, of formed so as to be as low as possible while still retaining
a higher durometer than that used for boot 22. Depending on massager 10 on base 90 so as to maintain electrical contact
the desired characteristics of flexible substructure 30, the between charging contacts 24a, 24b, and contacts 92a,92b. In
durometer of the TPE used can preferably fall within a range a preferred embodiment, as illustrated in FIGS. 4 and 5, base
of 44 Shore A to 70 Shore A. Such characteristics, include the 90 is further structured to hold massager 10 in a substantially
desired thickness, of both the substructure 30 and the portion Vertical arrangement, although other configurations are pos
of massager 10 in which it is used, the desired flexibility, the sible. As shown in FIGS. 6-9, the massager and base of the
structural support of motor unit 26 and the amount of vibra 25 present invention can take various forms, including those
tion transmission through flexible substructure 30 that is beyond which are specifically shown herein. However, it is
desired, among others. Additionally, the physical structure of possible to construct a number of different massagers accord
the flexible substructure 30 can be tuned to provide the ing to the general principles of the present invention that all
desired flexion/compliance characteristics. In a preferred work properly with a similar charging base. Such as that
embodiment, the thickness 64 of the cross-section of flexible 30 shown in FIGS. 4 and 5. For example, all such massagers
substructure 30 in a X-direction is greater than the thickness could have the same general shape for the portion of first end
66 of the cross-section of the flexible Substructure 30 in the 12 that surrounds charging contact cap 20 (which could also
Z-direction, as shown in the axes of FIG. 3. This results in the be substantially similar between different massager varia
flexible substructure 30 being more flexible when bent on the tions). This portion would be that which fits within cavity 94
Y-Z plane than when bent on the X-Y plane. Preferably, the 35 to provide the desired support for the massager 10. The vari
ratio of thickness 66 to thickness 64 is less than 1 and, more ous shapes of the different massagers can diverge after Such a
preferably, less than about 0.75. In another example, the portion. The lower the height of the base 90, the more easily
cross-section can be narrowed in specific areas to create a a smooth transition between the common and unique portions
“hinge' in a specified area or tapered to vary the flexion along of the various massagers can be made. Having the massager
the length of the substructure. Ribs can also be integrally 40 10'standing in a Substantially vertical, or upright, position is
formed into the shape of the flexible substructure to change generally intuitive and ergonomic for the user, that is, such an
the flexion characteristics thereof, as desired. Additionally, orientation makes it easy to pick up and put down the mas
the connections to adjacent or enclosed parts can be adjusted sager 10. Additionally, a base that has a low profile makes it
to change the flexion or compliance characteristics. For easier to place the massager 10 into the charging position
example, the distance to which motor unit 26 extends into 45 without requiring excessive accuracy. Preferably, base 90 is
flexible Substructure 30 in the embodiment of FIGS 1-3 can structured such that it its relatively wide in the horizontal (i.e.
be changed to yield different characteristics for the assembled X-Y) plane so that it will not tip over, even when massager 10
structure. If desired, a first and second direction different is inadvertently placed in base 90 on an angle. Additionally,
from horizontal and vertical direction mentioned above may base 90 is preferably low enough such that controls 18a, 18b,
be implemented (e.g., not in perpendicular orientation to each 50 18c and LED light assembly 73 are substantially visible when
other). massager 10 is on base 90, although a portion of control 18c
In a preferred embodiment, a relatively thin piece of mate may be not be visible. Other configurations for base 90 are
rial can be included in flexible substructure by insert-mold contemplated, such as a configuration with no indentation
ing, assembly using adhesives, or the like, to form a spine 77 surrounding contacts 92a,92b, but rather strategically placed
that runs through a portion of the interior of flexible substruc 55 Supports, preferably at least two, that provide Support to key
ture 30. Preferably the thin piece of material that forms spine areas of massager. Such a configuration can allow for further
77 is of a material, such as PET, that is, overall, less flexible variations among different forms of the massagers with which
than the material used for flexible substructure 30. This base 90 can be used.
allows for the spine 77 to be flexible in the desired direction of As shown in FIG. 5, contacts 92a and 92b of base 90 and
flexion for substructure 30 (the direction on the Y-Z plane in 60 the contacts 24a and 24b of massager 10 are preferably
the illustrated embodiment) by virtue of the low material formed to reduce the accuracy with which the massager 10
thickness 76, but to also be relatively rigid in the other direc must be placed on base 90 in order to make a proper electrical
tion (the direction on the X-Y plane in the illustrated embodi connection therebetween. For example, in the embodiments
ment) due to the width 78 of the material. In such an embodi shown, contacts 24a and 24b of massager 10 are in the form
ment, the ratio of thickness 66 to thickness 64 has a reduced 65 of concentric rings, and contacts 92a and 92b of base are in
effect on the flexion characteristics offlexible substructure 30 the form of pins, spaced radially within cavity 94 to align with
and is substantially free to vary according to other design one of the rings. This allows contact to be made regardless of
US 8,821,421 B2
11 12
the rotational orientation between massager 10 and base 90 most narrow point, at least about 7.5% more narrow than
along the long axis of the massager 10. Further, by making the second end 14, and more preferably at least about 10% more
contact rings 24a and 24b Substantially wider than the pins narrow than second end 14. The relative widths used to cal
92a and 92b, the angle of placement at which appropriate culate the percentage decrease from second end 14 to the most
contact can be made is increased. narrow point of midsection 16 can be taken along the cross
Of course, by lowering the height of base 90, it is possible sectional width, length, or both width and length of the second
that the overall stability of the massager-base interface might end 14 and midsection 16. Preferably, such tapering occurs
be adversely affected. Several features can be implemented to Smoothly over a length that is not so long as to reduce the
overcome these effects. For example, it can be important to perceptibility of the change by the user, such as over a length
ensure that the surfaces of cavity 94 and the portion of first 10 of 60 mm or less. Alternatively the tapering can occur over a
end 12 that fit therein substantially match around the upper short distance in the form of a step or the like. Other possible
edge 95 of cavity 94 to achieve an accurate fit therebetween. arrangements for the Surface of both second end 14 and mid
To allow for a proper fit between first end 12 of massager 10 section 16 can be used to provide similar stimulation, such as
and cavity 94 of base 90 despite variations in either surface, it the use of ribs, bumps, various textures, multiple or repeating
is preferably to form cavity such that it diverges from the 15 sections of tapering or widening, etc.
substantially matching fit with massager 10 at upper edge 95 Turning to the embodiment of massager 110 shown in
to an offset distance of between 0.1 mm and 1 mm, and more FIGS. 6 and 7, a variation of the massager includes a midsec
preferably about 0.5 mm in the area surrounding contact 92a. tion 116that splits to form a second end 114 having a plurality
Additionally, the surface of cavity 94 can be made of substan of projections 134. The embodiment of FIGS. 6 and 7 shows
tially smooth and polished polycarbonate (PC) or ABS plastic two substantially similar projections. If desired in other
that will positively interact with the somewhat tacky surface embodiments, further projections can be included and the
of the soft silicone or TPE boot 22 to provide increased projections can be of varying sizes and functions (such as
adhesion. A notch 96 can be formed near the upper edge of providing for attachment to or stimulation of various body
cavity 94 to provide clearance for control 18 of massager 10 parts). Massager 110 is structured such that midsection 116 is
and to “key' massager 10 in place on base 90. Further, while 25 flexible, allowing the user to move and adjust projections 134,
it may be desired to include a spring force on contacts 92a and as desired to provide different actions or sensations. For
92b, to increase the compliance thereof when making contact example, projections 134 can be compressed together so that
with contacts 24a and 24b, it may further be desirable to make the respective ends thereof touch so that they can be inserted
Such a spring force tower in value no that they do not push together into a single cavity or pressed together to grip sen
massager 10 off of base 90. Power input 98 allows for the 30 sitive tissue, such as the clitoris. Further, it may also be
connection of charging base to a power source, such as an A/C preferable for projections 134 to be moveable apart from one
outlet via a power adapter or the like. another so that they can stimulate different adjacent areas,
In some embodiments, the vibration source can be dis simultaneously, such as the clitoris and the entrance to the
posed distal from the massage end of the massager. By plac vagina, the vagina and the anus, the testicles, the anus and the
ing the vibration source distal from the point intended to 35 perineum, etc. Such flexion is dictated by both the materials
massage, the flexion movement of the massage end can be (such as flexible substructure 130, See FIG. 7) and by the
greater than when the vibration source is placed proximate size/shape of the features. For example, the valley 136 formed
the end to be held by a user. Furthermore, placing the vibra between projections 134 is preferably deep enough to permit
tion source distal from the massage end allows for shaping the such movement. It is also noted that the shape of flexible
massage end as desired. With no bulky vibration source near 40 substructure 130 can vary from that which is shown in FIG.7.
the massage end, the massage end can be shaped to comple In particular, flexible substructure may extend farther up
ment various body orifices or surfaces without being limited along motor housings 126 and/or may terminate alonga plane
by the size of the electronics or a vibration source. oriented substantially perpendicular to or up to about 45° to
While many of the features discussed above with respect to the long axis of motorhousings 126, although other variations
FIGS. 1-3 can be applied to other variations and embodiments 45 are possible. The ends of projections 134 are preferably sized
of the massager of the present invention, there are some to be Small enough (and close enough together) so that they
features that are substantially applicable to the embodiment can both be applied to the clitoris simultaneously, either the
shown therein. For example, there are certain ergonomic top and bottom or the left and right sides thereof, depending
dimensions that are important to the shape of massager 10. on the orientation of massager 110. Preferably, projections
Massager 10 has to be large enough overall for it to feel 50 134 have a length between about 1 cm and 8 cm, although
satisfying, both during massage, and in particular when used variations are contemplated in which longer or shorter pro
to provide sexual stimulation by insertion into the vagina, etc. jections would be desired. As shown in FIG. 7, massager 110
It is also important, however, to make massager 10 not so includes two motor units 126, each including a motor housing
large as to feel inappropriate to most users. Further, the length 138, an end cap 140, an electronic motor 142 and an offset
of midsection 16 preferably meets two criteria: that it is long 55 weight 144. The functions of the motor units 126 is substan
enough so that second end 14 can extendabout 2-3 inches into tially the same as discussed above with respect to FIGS. 1-3.
the vagina, particularly along the anterior side thereof in order Each of the motor units is positioned within a respective
to reach the “g-spot” while being easily held by first end 12: projection 134 to provide individual vibration thereto. The
and, that it is short enough to be approachable (i.e., not daunt motors can be controlled by the PCB 31 that is held within
ing, overwhelming, or embarrassing) in appearance for a 60 control housing 128 (as discussed above with respect to
majority of users. Additionally, it is preferred that midsection FIGS. 1-3). Further, in a preferred embodiment, the motors
16 form a relatively narrow “waist' between first end 12 and 142 can be made to vibrate at different speeds, providing a
second end 14 to create a varying diameter along the longi different sensation between projections 134 when used sepa
tudinal axis of massager 10 So as to provide additional stimu rately, or providing overlapping "beats' when used together.
lation to the entrance of the vagina (oranus) as it stretches and 65 Examples of Such operation, and the control thereof is dis
relaxes the tissues during insertion and withdrawal therefrom. cussed further in the 825 Application. In this embodiment, it
Preferably, midsection 16 tapers from a waist that is, at the is preferable that flexible substructure be flexible enough,
US 8,821,421 B2
13 14
through material selection and structure, that the individual used with all four fingers of a user with included room for
motor units 126 can vibrate the projections 134 at the selected movement of the fingers within membrane 250. In such an
frequencies without being adversely affected by the operation embodiment, membrane can measure up to approximately
of the other motor. In the present embodiment of massager 120 mm by 120 mm. In a preferred embodiment, membrane
110, it may also be beneficial to incorporate the use of alter 250 is about 35 mm long, measured at approximately its
native or additional sources of vibrational motion Such as longest point, by about 25 mm wide, measured at approxi
piezoelectric devices, Solenoids, memory alloy, or the like, mately the widest point. Second end 214 of massager 210
within projections 134 to provide vibration. This would preferably has as thin a profile as possible, while still main
allow, for example, Smaller-sized projections than that which taining the desired structural and vibrational aspects of the
can be used with the vibrating motors shown. In the embodi 10 massager. In a preferred embodiment, second end has a thick
ments shown, the projections 134 are shown having a Sub ness 258 (shown in FIG. 10) between about 4mm and 15 mm.
stantially smooth surface. If desired, other implementations but can vary depending on the type of material used and the
of the projections are contemplated. Such as having a textured size of membrane 250. Such a thin profile preferably allows
surface or the like. Other functional aspects and structures of massager, and in particular second end 214 to fit comfortably
massager 110, including the use and interaction with a charg 15 between two people during sexual intercourse, including
ing base, such as base 90 shown in FIGS. 4 and 5) are pref when in the “missionary position', to provide targeted sexual
erably substantially similar to those discussed above with stimulation. Further, the shape of first end 212 and the tran
respect to the embodiments of FIGS. 1-5. sition between first end 212 and midsection 216 is preferably
FIGS. 8 and 9 show a further embodiment of a massager shaped to fit comfortably within and beneath a woman’s or
210 in which second end 214 has an indentation 246 formed man's hand so that it is cupped in the palm and the fingers
therein, which forms a flexible membrane 250 surrounded by naturally rest along its length, extending into contact with the
a relatively more-rigidrib 252. The incorporation of the mem membrane 250 such that manipulation thereof can be
brane 250 allows for tactile sensation to be transmitted achieved using the fingers. The thinning of the material that
through massager 210 both from, for example, the fingers of comprises boot 222 is preferably adjusted to make membrane
the user on one side to apart of the users (or another person's) 25 as pliable as possible when used as such, without compromis
body on the other side. This allows the holder of the device to ing the structural integrity of membrane 250 and while main
both provide their own, unique sensation to the point of appli taining enough rigidity to transmit vibration therethrough. In
cation and to receive tactile feedback from the anatomy of the a preferred embodiment, membrane 250 has a thickness 260
point of application. The rib 252 compliments the membrane of between about 0.5 mm in and 5 mm, depending on the
250 by maintaining the structure and general shape of second 30 desired size of membrane 250, the durometer of the material
end 214, while preferably allowing some degree of and trans comprising membrane, the desired flexibility of membrane
mitting vibration from the motor unit 226 to the point of 250 and the durability requirements for massager 210. In
application. As shown in FIG.9, flexible substructure 230 is Some embodiments having a low durability requirement,
formed having extensions 254 that surround a portion of thickness 260 can be as low as 0.25 mm. In a preferred
membrane 250, which is formed substantially entirely within 35 embodiment, of massager 210, having a membrane size of
boot 222, and give the preferred support and vibration trans approximately 25 mm by 35 mm, and being constructed of
mission to membrane 250. The physical structure as well as material having a durometer of between 35 Shore A to 44
the material characteristics offlexible substructure 230 can be Shore A, thickness 260 is preferably between about 0.5 mm
adjusted to achieve the desired flexibility and transmission. and 2 mm, and more preferably about 1 mm.
For example, flexible substructure 230 is preferably formed 40 Additionally, further embodiments are contemplated that
from a TPE having a durometer in the range between about 50 include embedding Sources of vibration, Such as piezoelectric
Shore A to about 70 Shore A. The length of the extensions 254 devices within membrane or embedding other objects, such
can also be adjusted to achieve the desired qualities of these as a small steel ball or the like, within membrane 250. Such
characteristics. In a preferred embodiment, extensions 254 features, when embedded in membrane, can improve vibra
have a length 256 of between about 1 cm and 6 cm, and more 45 tion of membrane 250, vibration transmission from the fin
preferably about 3.5 mm. These dimensions preferably rep gers of the user to membrane 250 and the parts of the body to
resent an extension equal to between about 70% and 100% which massager 10 is applied, or the ease of deformation of
along the sides of the membrane 250. Additionally, it may be membrane 250 by the user. Further, such embodiments may
preferable to form flexible substructure 230 such that exten allow for different membrane characteristics, such as thicker
sions are spaced apart at a distance 262 from each other of 50 or thinner material. Textural features can be added to the
between about 15 mm and 120 mm and more preferably about bottom surface of membrane 250 (i.e., the surface applied to
25 mm. Other embodiments of the massager are contem the body), such as slits that expand into ribs when membrane
plated in which extensions 254 are curved inward toward each 250 is stretched, bumps, ridges, or the like. Membrane 250
other to further encircle membrane 250 or in which exten could be substantially open, with no rib 252, on one end, such
sions 254 meet each other at the ends thereof, completely 55 as near the tip of massager 210, or could have an opening at its
encircling membrane 250. center, such as for a finger, a user's penis, or another device,
Preferably, the structure of flexible substructure 230, Such as a non-vibrating form (i.e., a dildo) or another vibrator,
including extensions 254, along with the shape of boot 222, to pass through. Other forms of a massager are contemplated
including rib 252, result in a membrane 250 having a size of that incorporate a flexible membrane. For example, a mem
at least about 10 mm, measured at approximately the longest 60 brane of a flexible material could be supported by a rigid
point, by at least about 10 mm, measured at approximately the frame, with or without a soft or pliable covering and/or be
widest point. Such a size is approximately the lowest that included with a device that substantially lacks a midsection or
would be reasonable useful in an embodiment designed to first end. In one example embodiment, the flexible material
transmit the force applied to membrane 250 by a single finger may be held by a Supporting frame, wherein the Supporting
of a user, with no included room to accommodate finger 65 frame is not covered by a soft pliable covering.
motion over membrane 250. Alternatively, a structure is con Other functional aspects and structures of massager 210,
templated in which membrane 250 is adequately sized to be including the use and interaction with a charging base. Such as
US 8,821,421 B2
15 16
base 90 shown in FIGS. 4 and 5) are preferably substantially wherein the flexible substructure further comprises a boot
similar to those discussed above with respect to the embodi and the flexible substructure has a Shore durometer
ments of FIGS. 1-5. value higher than a Shore durometer value of the boot.
The system is intended such that base 90 is adaptable to 2. A massager, comprising:
receive mating ends of various devices having different struc a first end configured to be held and manipulated by the
tures than those shown. Additional structures can be designed hand of a user;
and added to new products. If desired contactless, or wireless, a second end configured for application to a portion of the
charging devices, such as inductive charging, may be used. human body, the second end comprising at least two
The charging end may, if desired be substantially Smooth and flexible members extending away from the first end and
may include a soft overlying layer where the charging con 10
having the tip of each member providing a point of
tacts are otherwise shown as exposed. vibration by way of a source of vibrational motion that is
If desired, the massager device may be adapted to use a disposed within the second end and distal from the tips,
remote control. Examples of such incorporation are disclosed wherein the members can be manipulated to apply
in the 825 Application as well as in co-pending U.S. patent stimulation to the same point on the human body and can
also be maneuvered to apply simultaneous stimulation
application Ser. No. 1 1/344.987 to Imboden, et al.; Ser. No. 15
in different points;
1 1/245,456 to Imboden, et al.; and Ser. No. 1 1/345,455 to a flexible portion connecting the first end to the second end;
Imboden, et al., the entire disclosures of which are incorpo and
rated herein. a valve to exchange air, wherein the first end, the second
If desired, the massager device may further be imple end, and the flexible portion comprise a water-proof
mented in an embodiment that uses standard (i.e., non-re body.
chargeable) batteries. In Such an embodiment, charging con 3. The massager of claim 2, wherein the flexible portion
tact cap 20 could, for example, be replaced by a cap over a comprises a flexible substructure.
cavity for receiving a battery or plurality of batteries. Further 4. The massager of claim 2, wherein the valve comprises a
embodiments are contemplated in which the entire device or membrane.
portions of it, such as the second end of the massager are not 25 5. A massager, comprising:
covered by a soft elastomer, but rather, for example, structures a first end configured to be held and manipulated by the
in which the working Surface is constructed from plastic. hand of a user;
Additionally, many aspects of the invention discussed above a second end configured for application to a portion of the
can be incorporated into other structures that are currently or human body, the second end comprising at least two
may later be used for massage devices and/or to provide 30
flexible members extending away from the first end and
sexual stimulation. Additionally, the charger can be self having the tip of each member providing a point of
aligning and can be curved so as to be adapted to receive the vibration by way of a source of vibrational motion that is
massager. disposed within the second end and distal from the tips,
The technology described herein may be applicable to wherein the members can be manipulated to apply
other areas as well. While the inventions have been shown and 35
stimulation to the same point on the human body and can
described with respect to particular embodiments, it is not also be maneuvered to apply simultaneous stimulation
thus limited. Numerous modifications, changes and enhance in different points; and
ments will now be apparent to the reader. A number of inven a flexible portion connecting the first end to the second end,
tions are contemplated including those appended below in the wherein the flexible portion comprises a flexible sub
illustrative claims below. 40 structure and
What is claimed is: wherein the flexible portion comprises a boot covering the
1. A massager, comprising: flexible substructure.
a first end configured to be held and manipulated by the 6. The massager of claim 5, wherein the source is one
source which vibrates the at least two flexible members.
hand of a user; 45
7. The massager of claim 5, wherein the source comprises
a second end configured for application to a portion of the
human body, the second end comprising at least two at least two sources, each source disposed in one of the
flexible members.
flexible members extending away from the first end and 8. The massager of claim 5, wherein the source comprises
having the tip of each member providing a point of at least flexible members.
vibration by way of a source of vibrational motion that is 50
9. The massager of claim 5, further comprising a heat
disposed within the second end and distal from the tips, generating source.
wherein the members can be manipulated to apply
stimulation to the same point on the human body and can 10. The massager of claim 5, wherein the vibrations from
also be maneuvered to apply simultaneous stimulation the source are dampened proximate the first end.
in different points; and 55
11. The massager of claim 5, wherein the flexible portion is
a flexible portion connecting the first end to the second end, more flexible when bent on the Y-Z plane than when bent on
wherein the flexible portion comprises a flexible sub the X-Y plane.
structure and
UNITED STATES PATENT AND TRADEMARK OFFICE

CERTIFICATE OF CORRECTION
PATENT NO. : 8,821,421 B2 Page 1 of 1
APPLICATIONNO. : 12/868498
DATED : September 2, 2014
INVENTOR(S) : Ethan F. Imboden et al.
It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:
In the Claims:
At Column 16, line 17, in Claim 2, delete “and” and insert --and-- therefor:
At Column 16, lines 48-49, in Claim 8, delete “wherein the source comprises at least and insert
--further comprising a valley between the-- therefor.
Signed and Sealed this

Sixteenth Day of December, 2014
74-4-04- 2% 4 Michelle K. Lee
Deputy Director of the United States Patent and Trademark Office
EXHIBIT F
EXHIBIT G
(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
JJ ACQUISITION, LLC
Los Angeles County, CA (IN U.S. PLAINTIFF CASES ONLY)
San Francisco County
(EXCEPT IN U.S. PLAINTIFF CASES)
(Firm Name, Address, and Telephone Number) (If Known)
Joshua R. Mandell, Esq.; Akerman LLP, 601 W. Fifth Street, Suite 300, Los
Angeles, CA 90071; Tel.: (213) 653-5000
One Box Only)
(For Diversity Cases Only) and One Box for Defendant)
or
(U.S. Government Not a Party)
and
(Indicate Citizenship of Parties in Item III)
(specify)
(Do not cite jurisdictional statutes unless diversity)

35 U.S.C. §§ 100 et seq.
Action for infringement of patent
(See instructions):
12/22/2020 /s/ Joshua R. Mandell


JJ Acquisition v. Vibease - Complaint

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Case 3:20-cv-09295 Document 1 Filed 12/22/20 Page 1 of 8

5 David S. Brafman (pro hac vice forthcoming)

12 NORTHERN DISTRICT OF CALIFORNIA

14 JJ ACQUISITION, LLC Case No.

3 NATURE OF THE ACTION

8 the United States.

11 principal place of business in West Hills, California.

12 3. Upon information and belief, Defendant Vibease Inc., is a corporation incorporated

15 JURISDICTION, VENUE, AND INTRADISTRICT ASSIGNMENT

17 §§ 1331 and 1338(a).

20 of the Patents-in-Suit within this district.

21 6. Venue is proper in this court pursuant to 28 U.S.C. § 1400(b) because, upon

26 committed at least in San Francisco County, where Defendant’s headquarters is located.

3 the ‘421 patent. This product is one Plaintiff’s best-selling products.

8 11. Defendant’s Emerald is infringing all of the Asserted Patents.

9 COUNT I – INFRINGEMENT OF THE ’972 PATENT

12 the ‘972 patent, a copy of which is attached as Exhibit A.

26 sell, marketing, or advertising the Infringing Product.

27 19. Defendant has failed to abide by Plaintiff’s demands in the Letter.

2 fact that it is infringing the ‘972 patent.

6 22. Defendant’s infringement has injured and continues to injure Plaintiff.

7 23. Plaintiff is entitled to damages as a result of Defendant’s infringement, including

18 26. Plaintiff hereby incorporates paragraphs 1-10 above by reference.

20 ’066 Patent , a copy of which is attached as Exhibit C.

4 32. Defendant’s infringement has injured and continues to injure Plaintiff.

5 33. Plaintiff is entitled to damages as a result of Defendant’s infringement, including

8 such further relief as the Court deems just and proper.

14 permanently enjoined from such infringement.

16 36. Plaintiff hereby incorporates paragraphs 1-10 above by reference.

18 the ’421 Patent, a copy of which is attached as Exhibit E.

22 by making, importing, offering to sell, and/or selling the Infringing Product.

23 40. Claim 5 of the ’421 Patent recites:

25 a first end configured to be held and manipulated by the hand of a user;

8 end configured to be manipulated by a user’s hand.

10 application to a portion of the human body. See Exhibit F.

from the first end.

27 49. Defendant’s infringement has injured and continues to injure Plaintiff.

1 50. Plaintiff is entitled to damages as a result of Defendant’s infringement, including

4 such further relief as the Court deems just and proper.

13 infringement of the Patents-in-Suit and grant relief as follows:

14 1. a permanent injunction prohibiting Defendant and its agents, directors, officers,

16 concert or participation with them, from committing further acts of patent

18 2. an award of damages, including an accounting and award of Defendant’s total profit, a

20 and post-judgment interest;

22 exceptional case, and an award of treble damages as well as Plaintiff’s reasonable

24 4. Defendant’s costs; and

2 Dated: December 22, 2020 AKERMAN LLP

3 By: /s/ Joshua R. Mandell

Plaintiff’s ’972 patent Defendant’s Infringing Product

(12) United States Design Patent (10) Patent No.: US D657,066S

(54) MASSAGE DEVICE (56) References Cited

U.S. Patent Apr. 3, 2012 Sheet 1 of 12 US D657,066S

U.S. Patent Apr. 3, 2012 Sheet 2 of 12 US D657,066S

U.S. Patent Apr. 3, 2012 Sheet 3 of 12 US D657,066S

U.S. Patent Apr. 3, 2012 Sheet 4 of 12 US D657,066S

U.S. Patent Apr. 3, 2012 Sheet 5 of 12 US D657,066S

U.S. Patent Apr. 3, 2012 Sheet 6 of 12 US D657,066S

U.S. Patent Apr. 3, 2012 Sheet 7 of 12 US D657,066S

U.S. Patent Apr. 3, 2012 Sheet 8 of 12 US D657,066S

U.S. Patent Apr. 3, 2012 Sheet 9 of 12 US D657,066S

U.S. Patent Apr. 3, 2012 Sheet 10 of 12 US D657,066S

U.S. Patent Apr. 3, 2012 Sheet 11 of 12 US D657,066S

U.S. Patent Apr. 3, 2012 Sheet 12 of 12 US D657,066S

Plaintiff’s ’066 Patent Defendant’s Infringing Product