Therabody Announces Settlement Of Patent Infringement Lawsuits Against HyperIce And AchedAway
Therabody also announces ongoing litigation in additional cases for trade dress and patent infringement
Therabody™, formerly known as Theragun®, the leader in tech wellness and percussive massage therapy, announced today that after aggressively enforcing its patent rights, it has reached settlement agreements with manufacturers and sellers of vibration massage devices, Hyper Ice, Inc. (“HyperIce”) and AchedAway (Shenzhen) Technology Co., Ltd. (“Achedaway”).
In late 2019 and early 2020, Therabody filed patent infringement lawsuits in the United States District Court of California against both HyperIce and Achedaway, seeking damages and an injunction to prevent the companies from selling any products infringing on Therabody’s patented technology. In its settlement with Achedaway, Achedaway agreed to cease and desist using, manufacturing, and selling the product with the massage device attachment that infringes Therabody’s pre-existing ‘260 Patent of its Dampener Attachment and payment of an undisclosed amount. Following the lawsuit with HyperIce, HyperIce is no longer selling a massage device having the attachment at issue in the lawsuit.
The companies are no longer selling the massage device attachment that infringes on Therabody’s ‘260 Patent of its Dampener Attachment. Therabody has received an undisclosed payment to settle the claims. Additional details of the settlements were not disclosed, however, they fully protect Therabody’s intellectual property (IP) and patented technology.
Additionally, Therabody filed two lawsuits for infringement of the company’s rights in its distinctive trade dress and other patents against defendants Complete Recovery, Revolution Hustle LLC, and Dezhou Create Fitness Equipment Co., Ltd. (“Dezhou”) in California federal court, and Golovan Ltd. also known as Kraftgun and Dezhou in Florida federal court.
“As the creators of the percussive massage therapy market, Therabody has continued to pioneer the industry with cutting edge technology. Therabody was the first in the industry to launch a smart percussive therapy device connecting to our mobile app via Bluetooth. We are committed to investing a significant amount of time and capital to science, research, development, and validating the efficacy of our devices and attachments. Companies who simply copy our intellectual property validate the effectiveness of our products, yet gain an unfair advantage by not having to invest in their own product development,” said Benjamin Nazarian, CEO of Therabody. “We will continue to defend our intellectual property rights at every turn and through every legal measure. We are pleased that both HyperIce and Achedaway have agreed to recognize our patents and cease the sale of the infringing attachments. We will continue to aggressively enforce our rights against other companies who infringe our intellectual property.”
As a global leader in percussive massage therapy, Therabody has developed numerous groundbreaking products and owns more than 110 granted and registered patents and designs worldwide reflecting its strength in research and product development. Most recently, Therabody was granted a U.S. utility patent that covers the company’s unique multi-grip handle which allows users to ergonomically reach more of their body than a hair dryer shaped device. For more than a decade, Therabody has pioneered and advanced the percussive massage therapy industry, edging out the competitive landscape, continuing to protect and defend its intellectual property as others seek to replicate and try to pilfer the years of dedication to science and research and development that Therabody has built and created.
Therabody has and will continue to take further legal actions to prevent others from selling any products infringing on its intellectual property. To date, Therabody has successfully removed more than 300 companies selling infringing products on Amazon and other retail sites.