2024-01-18 20:49:00
Hypericea high-performance wellness brand and innovator in percussion, dynamic air compression, thermal, vibration and contrast therapy technology, filed 16 additional lawsuits in Federal Court on Tuesday, January 16, 2024, against Sharper Image, HoMedics, Ekrin Athletics and more than a dozen other companies, including retailers CVS, Costco, Walgreens and Kohl’s, related to the sale of percussion massage guns, alleging infringement of Hyperice’s patented percussion massage technology.
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Hypervolt 2 Pro from Hyperice (Photo: Business Wire)
In the lawsuits, which targeted direct sellers of massage guns and various retailers, Hyperice asserted its recently issued US Patent No. 11,857,482, which claims technology that dates back to 2013 and is used in almost all massage guns on the market. current. Hyperice made national headlines in 2018 by launching the Hypervolt, the world’s first “modern” massage gun featuring a brushless motor system, variable speed settings and QuietGlide technology.®. The success and rapid scale of Hypervolt has led to an influx of massage gun brands entering the market to replicate this technology, including the aforementioned parts. Hyperice sells several products that incorporate the patented technology, including Hypervolt Go 2, Hypervolt 2 and Hypervolt 2 Pro.
In the lawsuits, Hyperice maintains that several Sharper Image HoMedics Ekrin Athletics and other products infringe Hyperice’s intellectual property, including but not limited to the Sharper Image Powerboost line and the Ekrin Athletics massage guns along with HoMedics TRAKK Eleeels Vybe, Osaki, LifePro and other lines of massage guns. In the coming weeks, Hyperice intends to file additional lawsuits against many other vendors and retailers believed to have infringed this patent. Hyperice has also filed a series of related patent applications to further increase the scope and scale of protection across the general percussion category.
This announcement follows the lawsuit filed by Hyperice on January 3, where Hyperice sued Therabody, manufacturer of Theragun and TheraFace products, in Federal Court for patent infringement, alleging that several Therabody products are infringing, including Theragun Elite, Theragun PRO, Theragun Prime, Theragun Mini, Theragun Sense and TheraFace PRO. Hyperice will add other products to the lawsuit against Therabody, including Theragun Relief, and any new products that may infringe the recently issued patent.
“At the heart of Hyperice, we develop innovative products and technologies to improve recovery, performance and longevity for customers around the world,” said Jim Huether, CEO of Hyperice. “For any company working to lead and grow a new and emerging market in the technology sector, the inventive process is extremely important. As such, we highly value innovation and safeguard our products and technology by obtaining patents. Hundreds of millions of dollars worth of massage guns are sold every year in the US alone, and we believe that the vast majority of these massage guns infringe this patent. We will use aggressive legal action against all violators to restore credibility to the percussion market.”
In 2023, the massage gun market was valued at $542.6 million and is expected to reach well over $1 billion in the coming years.1 with growth being driven by advancement in technology, customer understanding of benefits and prioritization of overall well-being and self-care.
“The actions we take today are part of a broader legal strategy to protect our intellectual property rights. We intend to take additional actions in the coming days and weeks to ensure the protection of our innovative line of percussion massage guns,” said Jon Howell, General Counsel at Hyperice.
UNCOMPARABLE TECHNOLOGY AND INNOVATION
Hyperice dedicates considerable resources to research, develop and protect its intellectual property. The brand holds hundreds of patents worldwide and will continue to take an assertive approach to protecting all aspects of its intellectual property. In 2021, Hyperice was recognized by Fast Company as one of the most innovative companies in the world. Hyperice has also attracted some of the world’s most prominent athletes and sports leagues as partners and investors, including Patrick Mahomes, Erling Haaland, Jayson Tatum, Naomi Osaka, Rory McIlroy, NFL, MLB, NBA, UFC and PGA TOUR.
Hyperice is represented in the lawsuit by Lawrence LaPorte of Lewis Brisbois Bisgaard & Smith LLP, Ben Herbert of Miller Barondess, LLP and Brian Arnold, Associate General Counsel and Head of Intellectual Property at Hyperice. Previously, Arnold was a patent litigation partner at several firms, including Kirkland & Ellis LLP and, most recently, Lewis Roca Rothgerber Christie LLP.
About Hyperice
Hyperice is a technology-driven company with a huge mission: to help every person on Earth move and live better. For over a decade, Hyperice has led a global movement at the confluence of recovery and well-being by specializing in percussion (Hypervolt line), dynamic air compression (Normatec line), vibration (Vyper and Hypersphere lines), thermal technology (Venom line) and contrast therapy (Hyperice X). Now, as a holistic, high-performance wellness brand, Hyperice is designed for everyone: from elite athletes, leagues and teams to customers everywhere looking to unleash the best version of themselves to help them do more of what they love. Recognized as one of Fast Company’s Most Innovative Companies, Hyperice has applied its technology and expertise to industries including fitness, hospitality, healthcare, massage, physical therapy, sports performance and workplace wellness on a global scale. For more information, visit hyperice.com .
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1Future Market Insights: International Massage Gun Market Outlook (2023 to 2033)
The original language text of this announcement is the official authorized version. Translations are provided as a facility only and must refer to the text in the original language, which is the only version of the text that has legal effect.
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Source: BUSINESS WIRE
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