Hyper Ice Inc v. Brelvo LLC

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Hyper Ice, Inc. (California)
  • Defendant: Brelvo LLC (California)
  • Plaintiff's Counsel: Procopio, Cory, Hargreaves & Savitch LLP
• Case Identification: 8:26-cv-00540, C.D. Cal., 03/09/2026
• Venue Allegations: Plaintiff alleges venue is proper in the Central District of California because Defendant has committed acts of infringement in the district and maintains a regular and established place of business there.
• Core Dispute: Plaintiff alleges that Defendant's Smart Cupping Massagers infringe a patent related to devices that communicate with a user by applying multiple, distinct types of energy to the skin.
• Technical Context: The technology operates in the field of haptics and non-visual human-computer interfaces, which seeks to convey information through the sense of touch, reducing reliance on visual screens.
• Key Procedural History: Plaintiff Hyper Ice, Inc. is an exclusive licensee of the patent-in-suit, which is assigned to DataFeel Inc. The complaint alleges that Defendant had knowledge of the patent prior to the lawsuit's filing.

Case Timeline

Date	Event
2017-10-23	'263 Patent - Earliest Priority Date
2022-11-01	'263 Patent - Issue Date
2026-01-26	Alleged Date of Defendant's Knowledge of '263 Patent
2026-03-09	Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 11,484,263 - "Communication Devices, Methods, and Systems"

• Patent Identification: U.S. Patent No. 11,484,263, "Communication Devices, Methods, and Systems," issued November 1, 2022.

The Invention Explained

• Problem Addressed: The patent identifies the negative health effects associated with excessive screen time, such as eyestrain, and notes the need for alternative methods for person-to-computer communication that do not rely on vision ʻ263 Patent, col. 1:24-41 It proposes using "non-optical nerves... associated with the skin" as a channel for receiving data ʻ263 Patent, col. 1:41-44
• The Patented Solution: The invention is an apparatus that can be placed on the skin to communicate information by delivering various forms of energy ʻ263 Patent, abstract It comprises multiple "generator elements," each capable of producing a different type of energy, such as impact, heat, electrical shock, or pressure ʻ263 Patent, col. 17:3-6 These elements can be operated independently to transmit complex signals or symbols to the user through their skin, and the device's housing is structured to direct these energies toward the skin and prevent them from spreading transversely ʻ263 Patent, col. 1:63-col. 2:4
• Technical Importance: The technology represents a method for creating a haptic language, translating digital data into tactile sensations to provide a non-visual information channel.

Key Claims at a Glance

• The complaint asserts independent Claim 1 Compl. ¶16
• Essential elements of Claim 1 include:
  • An energy generator with a plurality of generator elements that can output a plurality of different energy types toward the skin.
  • A housing to maintain the position of the generator elements relative to the skin.
  • Each generator element is independently operable to communicate with nerves by outputting a portion of an energy signal using one of the different energy types.
  • The housing is adapted to promote the flow of energy in the signal direction (toward the skin) and limit the flow of energy in transverse directions.
• The complaint does not explicitly reserve the right to assert dependent claims, but infringement is alleged for "at least Claim 1" Compl. ¶16

III. The Accused Instrumentality

Product Identification

• Defendant's "Brelvo Smart Cupping Massagers" (the "'263 Accused Products") Compl. ¶12

Functionality and Market Context

• The complaint alleges the accused products are offered for sale and sold via Defendant's website and Instagram store Compl. ¶4 Compl. ¶12 The complaint does not provide a technical description of the accused product's functionality beyond alleging that it meets the limitations of Claim 1 of the '263 Patent Compl. ¶¶16-17 The product's name suggests it is a therapeutic device that applies cupping (pressure) to a user's skin.

IV. Analysis of Infringement Allegations

The complaint alleges that the accused products meet the limitations of Claim 1 either literally or under the doctrine of equivalents Compl. ¶16 Compl. ¶¶1-2 It recites the claim language but does not map specific features of the accused product to the claim elements in the body of the complaint, instead referencing an attached claim chart (Exhibit 2) that was not publicly available for this analysis Compl. ¶14

No probative visual evidence provided in complaint.

'263 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
An apparatus comprising: a. an energy generator comprising a plurality of generator elements operable to output a plurality of different energy types in a signal direction toward skin and a housing positionable on or adjacent the skin to maintain a position of the plurality of generator elements relative to the skin,	The complaint alleges the accused products contain an energy generator with multiple elements that output different energy types, housed in a unit that is placed on the skin.	¶17	col. 1:51-60
b. each generator element of the plurality of generator elements being independently operable, when the housing is positioned on or adjacent the skin, to communicate with different nerves associated with the skin by outputting a different portion of an energy signal in the signal direction toward the skin with one energy type of the plurality of different energy types,	The complaint alleges each energy element in the accused products can be operated independently to stimulate nerves with a specific energy type.	¶17	col. 17:25-34
c. the housing being adapted to promote flows of the plurality of different energy types in directions parallel with the signal direction and limit flows of the of the plurality of different energy types in directions transverse with the signal direction.	The complaint alleges the housing of the accused products is structured to direct energy toward the skin and limit its spread sideways.	¶17	col. 1:63-col. 2:4

Identified Points of Contention:

• Scope Questions: A central question may be whether the therapeutic function of a "Smart Cupping Massager" constitutes an apparatus to "communicate with different nerves" in the manner described by the patent. The patent's specification repeatedly frames "communication" in the context of transmitting symbols, data, and even alphanumeric characters, which may create a point of contention regarding the intended scope of the claims versus the accused product's function ʻ263 Patent, col. 2:26-38
• Technical Questions: The case may turn on whether the accused massager contains a "plurality of different energy types" as defined by the patent. The specification explicitly lists impact, heat, shock, and pressure as distinct generator element types ʻ263 Patent, col. 17:3-6 The evidence required to show the accused product contains a plurality of such distinct energy types will be critical.
• Technical Questions: Claim 1(c) requires the housing to perform a specific energy-channeling function: promoting parallel flows while limiting transverse flows. A key issue will be whether the physical structure of the accused massager's housing performs this specific function, or if it is simply a passive container for its internal components.

V. Key Claim Terms for Construction

The Term: "communicate with different nerves"

• Context and Importance: This term is foundational to the infringement analysis. Its interpretation will determine whether the therapeutic stimulation provided by a massager falls within the scope of a claim for a "communication" device.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The patent states that non-optical nerves are "capable of communicating data to the brain" and can be recognized by various receptors, including those for touch, temperature, electricity, and pressure, which could suggest any stimulation of these nerves is a form of communication ʻ263 Patent, col. 1:41-44 ʻ263 Patent, col. 14:50-58
  • Evidence for a Narrower Interpretation: The specification extensively describes the invention's purpose as communicating "symbols," including "alphanumeric symbol[s]" and "Morse code," which are scrolled across the skin to convey structured data ʻ263 Patent, col. 2:34-38 ʻ263 Patent, col. 23:35-39 This may support a narrower construction limited to the transmission of symbolic information rather than general therapeutic stimulation.

The Term: "housing being adapted to promote flows... and limit flows"

• Context and Importance: This limitation defines a specific functional capability of the housing itself. Infringement will depend on whether the accused product's housing is merely a shell or is specifically structured to perform this energy-channeling function.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The term "adapted to" could be interpreted broadly to mean "suitable for," potentially covering any housing shape that inherently provides some directionality to the energy output.
  • Evidence for a Narrower Interpretation: The patent describes this function in relation to specific structures, such as an "insulating material" that limits energy flow between "communication bays" and reflective or frustoconical shapes within openings to "direct and focus the energies" ʻ263 Patent, col. 1:63-col. 2:4 ʻ263 Patent, col. 22:36-50 This suggests the housing must have specific features designed for this purpose, not just incidentally achieving some level of energy direction.

VI. Other Allegations

• Willful Infringement: The complaint alleges that Defendant's infringement has been and continues to be willful Compl. ¶20 This allegation is based on the assertion that Defendant had knowledge of the '263 Patent "by no later than January 26, 2026," which predates the filing of the complaint Compl. ¶13

VII. Analyst's Conclusion: Key Questions for the Case

• A core issue will be one of definitional scope: can the term "communicate," which is described in the patent's specification primarily in the context of transmitting symbolic data, be construed broadly enough to encompass the therapeutic nerve stimulation performed by the accused "Smart Cupping Massagers"?
• A key evidentiary question will be one of technical function: does the physical housing of the accused cupping device perform the specific, dual-part energy-channeling function recited in Claim 1(c)-actively promoting forward energy flow while limiting transverse flow-or is there a fundamental mismatch between the claimed function and the product's actual physical structure and operation?