HydraFacial LLC v. Luvo Medical Technologies et al
| Edge Systems LLC and HydraFacial LLC |
| Eunsung Global, Luvo Medical Technologies, Clarion Medical Technologies and Healthcare Markets doing business as Powered by MRP |
| 2:2024cv00587 |
| August 16, 2024 |
| US District Court for the District of Utah |
| Tena Campbell |
| Patent |
| 35 U.S.C. § 0271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2024. A more recent docket listing may be available from PACER.
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| Filing 43 MOTION for Admission Pro Hac Vice of Luke L. Hartman , Registration fee $ 50, receipt number AUTDC-5212070,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Clarion Medical Technologies, Healthcare Markets, Luvo Medical Technologies. (Attachments: #1 Exhibit 1 - Pro Hac Vice Application, #2 Text of Proposed Order Granting Pro Hac Vice Admission of Luke L. Hartman)(Anderson, Kevin) |
| Filing 42 MOTION for Admission Pro Hac Vice of Steven Tepera , Registration fee $ 50, receipt number AUTDC-5212034,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Clarion Medical Technologies, Healthcare Markets, Luvo Medical Technologies. (Attachments: #1 Exhibit 1 - Pro Hac Vice Application, #2 Text of Proposed Order Granting Motion for Pro Hac Vice Admission of Steven P. Tepera)(Anderson, Kevin) |
Filing 41
ORDER STAYING CASE until the conclusion of both the 1408 and 1417 Investigations and any appeals; terminating as moot #38 MOTION for Extension of Time to File Answer re #1 Complaint. Parties must file a joint status report one year from the date of this order. Signed by Judge Tena Campbell on 10/3/24 (alt)
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| Filing 40 RESPONSE re #32 Order on Motion for Extension of Time,, Order on Motion to Stay,,,, filed by Clarion Medical Technologies, Healthcare Markets, Luvo Medical Technologies. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit A - August 7, 2024 Complaint filed with the ITC, #3 Exhibit B - Hydrafacials Correspondence withdrawing the 607 Patent from the ITC Complaint, #4 Exhibit C - ITCs Notice of Institution of Investigation No. 337-TA-1417, #5 Exhibit D1 - USPTO Rejection of Application No. 16/517,268, #6 Exhibit D2 - USPTO Rejection of Application No. 18/094,884, #7 Exhibit D3 - USPTO Rejection of Application No. 18/487,916, #8 Exhibit D4 - USPTO Rejection of Application No. 15/660,750, #9 Exhibit D5 - USPTO Rejection of Application No. 15/660,777, #10 Exhibit E1 - Terminal Disclaimer for Application No. 16517268, #11 Exhibit E2 - Terminal Disclaimer for Application No. 18094884, #12 Exhibit E3 - Terminal Disclaimer for Application No. 18487916, #13 Exhibit E4 - Terminal Disclaimer for Application No.15660750, #14 Exhibit E5 - Terminal Disclaimer for Application No. 15660777, #15 Exhibit F - Notice of Institution of Investigation, Inv. No. 337-TA-1408)(Bramble, Jeffrey) |
| Filing 39 RESPONSE re #32 Order on Motion for Extension of Time,, Order on Motion to Stay,,,, filed by Eunsung Global. (Attachments: #1 Exhibit A)(Hatch, Brent) |
| Filing 38 MOTION for Extension of Time to File Answer re #1 Complaint,,,,,,, and Memorandum in Support filed by Defendant Healthcare Markets. (Attachments: #1 Text of Proposed Order Granting MRP's Unopposed Motion for Extension of Time)(Bramble, Jeffrey) |
| Filing 37 NOTICE of Appearance by Jeffrey C. Bramble on behalf of Clarion Medical Technologies, Healthcare Markets, Luvo Medical Technologies (Bramble, Jeffrey) |
| Filing 36 NOTICE of Appearance by Kevin N. Anderson on behalf of Clarion Medical Technologies, Healthcare Markets, Luvo Medical Technologies (Anderson, Kevin) |
| Filing 35 WAIVER OF SERVICE Returned Executed filed by HydraFacial LLC (Everton, Benjamin) |
| Filing 34 WAIVER OF SERVICE Returned Executed filed by HydraFacial LLC (Everton, Benjamin) |
| Filing 33 WAIVER OF SERVICE Returned Executed filed by HydraFacial LLC (Parry, D.) |
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Filing 32
ORDER granting #17 Motion to Stay and granting #23 Motion to Stay: action is stayed as it relates to plaintiff's claims re the '287, '477, and '607 patents; granting #16 Motion for Extension of Time: Eunsung Global's answer/response to the complaint is due 1/9/25. Signed by Judge Tena Campbell on 9/18/24 (alt)
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Filing 31
DOCKET TEXT ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Benjamin J. Everton for HydraFacial LLC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 9/17/24 (docket text only - no attached document) (alt)
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Filing 30
DOCKET TEXT ORDER granting #25 Motion for Admission Pro Hac Vice of Attorney Christian D. Boettcher for HydraFacial LLC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 9/17/24 (docket text only - no attached document) (alt)
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Filing 29
DOCKET TEXT ORDER granting #21 Motion for Admission Pro Hac Vice of Attorney Linhong Zhang for Eunsung Global.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 9/17/24 (docket text only - no attached document) (alt)
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Filing 28
DOCKET TEXT ORDER granting #20 Motion for Admission Pro Hac Vice of Attorney Sun Young Park for Eunsung Global.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 9/17/24 (docket text only - no attached document) (alt)
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Filing 27
DOCKET TEXT ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Joseph V. Colaianni, Jr for Eunsung Global.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 9/17/24 (docket text only - no attached document) (alt)
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Filing 26
DOCKET TEXT ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Lauren A. Degnan for Eunsung Global.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 9/17/24 (docket text only - no attached document) (alt)
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| Filing 25 MOTION for Admission Pro Hac Vice of Christian D. Boettcher , Registration fee $ 50, receipt number AUTDC-5185240,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff HydraFacial LLC. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Parry, D.) |
| Filing 24 MOTION for Admission Pro Hac Vice of Benjamin J. Everton , Registration fee $ 50, receipt number AUTDC-5185227,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff HydraFacial LLC. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order) Attorney D. Craig Parry added to party HydraFacial LLC(pty:pla)(Parry, D.) |
| Filing 23 MOTION to Stay and Memorandum in Support filed by Defendant Healthcare Markets. (Attachments: #1 Text of Proposed Order) Attorney Timothy B. Smith added to party Healthcare Markets(pty:dft)(Smith, Timothy) |
| Filing 22 NOTICE of Appearance by Adam M. Pace on behalf of Eunsung Global (Pace, Adam) |
| Filing 21 MOTION for Admission Pro Hac Vice of Linhong Zhang , Registration fee $ 50, receipt number 013157,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Eunsung Global. (Attachments: #1 Exhibit A, #2 Text of Proposed Order x)(Hatch, Brent) |
| Filing 20 MOTION for Admission Pro Hac Vice of Sun Young Park , Registration fee $ 50, receipt number 013983,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Eunsung Global. (Attachments: #1 Exhibit A, #2 Text of Proposed Order x)(Hatch, Brent) |
| Filing 19 MOTION for Admission Pro Hac Vice of Joseph V. Colaianni, Jr. , Registration fee $ 50, receipt number 013487,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Eunsung Global. (Attachments: #1 Exhibit A, #2 Text of Proposed Order x)(Hatch, Brent) |
| Filing 18 MOTION for Admission Pro Hac Vice of Lauren A. Degnan , Registration fee $ 50, receipt number 013678,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Eunsung Global. (Attachments: #1 Exhibit A, #2 Text of Proposed Order x)(Hatch, Brent) |
| Filing 17 MOTION to Stay and Memorandum in Support filed by Defendant Eunsung Global. (Attachments: #1 Exhibit A)(Hatch, Brent) |
| Filing 16 MOTION for Extension of Time to Respond to the Complaint and Memorandum in Support filed by Defendant Eunsung Global. (Attachments: #1 Text of Proposed Order x) Attorney Brent O. Hatch added to party Eunsung Global(pty:dft)(Hatch, Brent) |
| Filing 15 NOTICE of Substitution of Counsel by HydraFacial LLC (Parry, D.) |
| Filing 14 SUMMONS Returned Executed by HydraFacial LLC. Summons served on Healthcare Markets, on 09-05-2024. (Pehrson, Chad) |
| Filing 13 Summons Issued Electronically as to Healthcare Markets. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) |
| Filing 12 Summons Issued Electronically as to Eunsung Global. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) |
| Filing 11 Summons Issued Electronically as to Clarion Medical Technologies. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) |
| Filing 10 Summons Issued Electronically as to Luvo Medical Technologies. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) |
| Filing 9 Requested Summons as to Luvo Medical Technologies. (Pehrson, Chad) |
| Filing 8 Requested Summons as to Healthcare Markets. (Pehrson, Chad) |
| Filing 7 Requested Summons as to Eunsung Global. (Pehrson, Chad) |
| Filing 6 Requested Summons as to Clarion Medical Technologies. (Pehrson, Chad) |
| Modification of Docket: Correction: Party names have been corrected to conform more closely with this court's "Standards and Guidelines for Adding Parties". (alt) |
| Filing 5 NOTICE OF INELIGIBLE ATTORNEY -Attorney Stephen Richards, for Plaintiff HydraFacial LLC, has been notified that he/she is not in active status or has not been admitted to practice in this court and can not practice before this court. (sg) |
| Filing 4 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Complaint) (sg) |
| Filing 3 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorney Ali S. Razai, Benjamin J. Everton and Christian D. Boettcher for HydraFacial LLC. (sg) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff HydraFacial LLC formerly known as Edge Systems LLC identifying Beauty Health Co. as Corporate Parent. (Pehrson, Chad) |
| Filing 1 COMPLAINT against Clarion Medical Technologies Inc, Eunsung Global Corp, Healthcare Markets Inc doing business as Powered by MRP, Luvo Medical Technologies Inc (Filing fee $ 405, receipt number AUTDC-5155979) filed by HydraFacial LLC formerly known as Edge Systems LLC. (Attachments: #1 Exhibit 1 - U.S. Patent No. 9,550,052, #2 Exhibit 2 - U.S. Patent No. 10,357,641, #3 Exhibit 3 - U.S. Patent No. 10,357,642, #4 Exhibit 4 - U.S. Patent No. 11,446,477, #5 Exhibit 5 - U.S. Patent No. 11,865,287, #6 Exhibit 6 - U.S. Patent No. 12,053,607, #7 Exhibit 7 - 2024-06-12 PR Newswire LUVO Medical, #8 Exhibit 8 - 2024-07-02 Luvo Medical Technologies Inc. Luvo Bela MD, #9 Exhibit 9 - 2024-07-02 Luvo Medical Technologies Inc. Clarion Medical Technologies Bela MD+, #10 Exhibit 10 - 2024-07-02 Luvo Medical Technologies Inc. MRP BELA MD Advanced Skin, #11 Exhibit 11 - BELAPHYBRO-E-BELA-MD-Physician-Brochure-EN-Vertical, #12 Exhibit 12 - MRP Bela MD Setup Video Excerpts, #13 Exhibit 13 - MRP Bela MD Training Video Excerpts, #14 Exhibit 14 - Bill of Lading for SMLMSEL2K0651300 (Bela MD; Eunsung to Luvo) 2022-10-11, #15 Exhibit 15 - 2018 Patent Page - Hydrafacial Website, #16 Exhibit 16 - 2024-02-08 FedEx Confirmation - C&D Letter to Clarion, #17 Exhibit 17 - 2024-02-05 Response Letter to MRP, #18 Exhibit 18 - 2024-05-29 - BBA Letter to Eunsung re Notice of Infringement, #19 Exhibit 19 - 2021-03-18 Cartessa's Rule 26(a) Initial Disclosures, #20 Exhibit 20 - 2024-07-02 Luvo Medical Technologies Inc. About Luvo, #21 Exhibit 21 - 2024-07-02 Luvo Medical Technologies Inc. Clarion Medical Clinical Training, #22 Exhibit 22 - 2024-08-07 Notice Letter to MRP re Patent Infringement, #23 Exhibit 23 - 2024-08-07 Notice Letter to Luvo and Clarion re Patent Infringement, #24 Civil Cover Sheet) (Pehrson, Chad) |
| Judge Tena Campbell added. Case number will now read 2:24-cv-00587-TC. Please make changes to document captions accordingly. (sg) |
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