Lewis Brisbois IP Team Secures Significant Victory Before U.S. International Trade Commission on Behalf of Massage Gun Manufacturer

Los Angeles, Calif. (December 21, 2021) - Los Angeles Partners Brian G. Arnold and Jonathan Pink, along with Atlanta Partner Joshua D. Curry, recently secured a significant victory on behalf of Hyperice - a global recovery technology leader, specializing in vibration, percussion, and thermal technology - when the U.S. International Trade Commission (ITC) issued a broad general exclusion order, blocking imports of handheld massage guns from China that infringed the client's patented technology. Fewer than 15% of all ITC investigations result in a general exclusion order, which directs Customs to bar importation of any infringing device, including devices imported by non-parties and devices that were not considered in the Investigation, from being imported into the U.S.

As reported by Law360, Hyperice initially filed a complaint with the ITC in 2020, alleging that dozens of Chinese and domestic companies violated Section 337 of the Tariff Act of 1930 by importing infringing products and selling them on eBay, Amazon, Alibaba, and other virtual marketplaces. Specifically, the complaint provided that the imported devices infringed three utility and design patents obtained between 2018 and 2020. Hyperice contended that it had invested significantly in the domestic market for the purpose of manufacturing and selling its products, including obtaining patent protection for the HyperVolt.

The ITC ultimately issued a general exclusion order that applies broadly, even to companies that were not directly named in the matter. The order bars imports of "therapeutic handheld percussive massage devices for applying percussive massage to a person's body" that infringe on the HyperVolt patents.

Mr. Arnold is a member of Lewis Brisbois' Intellectual Property & Technology and Entertainment, Media & Sports Practices. He is an experienced intellectual property attorney who focuses on patent litigation and other IP litigation, complex commercial litigation involving IP matters, and IP transactions including licensing and portfolio sales. He has been selected as a Best Lawyer in America for IP litigation for 2021 and 2022, and a Best Lawyer in America for patent litigation for 2022.

Mr. Pink is a member of Lewis Brisbois' Intellectual Property & Technology Practice, and a National Chair of the firm's Entertainment, Media & Sports Practice. He is a nationally recognized copyright, trademark, patent, and business litigator who represents high profile clients in the entertainment, advertising, fashion, automotive, licensing, media, and merchandising industries.

Mr. Curry is a vice-chair of Lewis Brisbois' Intellectual Property & Technology Practice and is a registered patent attorney. An experienced litigator with a physics degree and considerable technical expertise, Mr. Curry helps clients effectively achieve their business goals when enforcing and defending their IP rights.

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