Case 6:21-cv-00811-ADA Document 1 Filed 08/06/21 Page 1 of 12
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`SYNKLOUD TECHNOLOGIES, LLC and
`SERENDIA, LLC
`
`Plaintiffs,
`
`Civil Action No. 6:21-cv-811
`
`v.
`
`SUNG HWAN E&B CO., LTD.
`
`Defendant.
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs SynKloud Technologies, LLC (“SynKloud”) and Serendia, LLC (“Serendia”)
`
`(collectively “Plaintiffs”), for their Complaint against Defendant Sung Hwan E&B Co., Ltd.,
`
`d/b/a SHEnB Co. Ltd. (“SHEnB” or “Defendant”), alleges the following:
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`NATURE OF THE ACTION
`
`1.
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`This is an action for patent infringement arising under the Patent Laws of the
`
`United States, 35 U.S.C. § 1 et seq.
`
`THE PARTIES
`
`2.
`
`Plaintiff SynKloud is a limited liability company organized under the laws of the
`
`State of Texas with a place of business at 300 Polar Lane #202, Cedar Park, TX 78613.
`
`3.
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`Plaintiff Serendia is a limited liability company organized and existing under the
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`laws of the State of California with a place of business at 31631 Paseo Don Jose, San Juan
`
`Capistrano, CA 92675.
`
`4.
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`Upon information and belief, SHEnB is a foreign company organized under the
`
`laws of the Korea with a place of business at 148, Seongsui-ro, Seondong-gu, Seoul, Korea.
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`Upon information and belief, SHEnB produces and imports, sells, and offers to sell, infringing
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`products and services throughout the United States, including in this judicial district, and
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`introduces infringing products and services into the stream of commerce knowing that they
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`would be sold and/or used in this judicial district and elsewhere in the United States. In
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`particular SHEnB has sought and obtained FDA clearance for infringing products with the intent
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`of selling and/or distributing the infringing products in the United States and in this judicial
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`district.
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`JURISDICTION AND VENUE
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`5.
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`This is an action for patent infringement arising under the Patent Laws of the
`
`United States, Title 35 of the United States Code.
`
`6.
`
`7.
`
`8.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`Venue is proper in this judicial district under 28 U.S.C. § 1400(b).
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`Venue is proper as to SHEnB in this judicial district under 28 U.S.C. §1391(c)(3).
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`On information and belief, SHEnB is not resident in the United States. Venue is also proper as
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`to SHEnB in this judicial district under 28 U.S.C. § 1391(b)(2) because SHEnB sells and offers
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`to sell products and services throughout the United States, including in this judicial district, and
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`introduces products and services into the stream of commerce and effectuates these sales
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`knowing that the products and services would be sold in this judicial district and elsewhere in the
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`United States and therefore may be sued in any judicial district.
`
`9.
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`SHEnB is subject to this Court’s specific and general personal jurisdiction
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`pursuant to due process and/or the Texas Long Arm Statute, because SHEnB conducts
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`substantial business in in this forum, directly or through intermediaries, including: (i) at least a
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`portion of the infringements alleged herein; and (ii) regularly doing or soliciting business,
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`engaging in other persistent courses of conduct and/or deriving substantial revenue from goods
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`and services provided to individuals in the State of Texas and this judicial district.
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`BACKGROUND
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`The Inventions
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`10.
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`This action involves four patents, described in detail in the counts below and
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`collectively referred to as the “Asserted Patents.”
`
`11.
`
`Dr. Jongju Na is the sole inventor of U.S. Patent Nos. 9,320,536 (“the ’536
`
`patent”), 9,480,836 (“the ’836 patent”), 10,058,379 (“the ’379 patent”), and 10,869,812 (“the
`
`’812 patent”).
`
`12.
`
`The Asserted Patents resulted from the pioneering efforts of Dr. Na in the area of
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`medical and aesthetic skin treatment devices. These efforts resulted in the development of novel
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`bipolar radio frequency microneedling systems, apparatuses and methods for medical and
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`aesthetic dermatological treatment for tightening skin.
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`13.
`
`At the time of these pioneering efforts, there were a number of technologies used
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`for skin tightening. One such technology applied radio frequency (“RF”) indirectly to the dermis
`
`layer of the skin via the surface of the skin (epidermis). Even with the application of a high
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`energy signal, that type of treatment did not effectively transmit high frequency energy to the
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`dermis.
`
`14.
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`Another technology utilized monopolar needles with an active electrode and a
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`grounded electrode. However, that type of technology impacted the patient’s heart, eyes, and
`
`other organs and was therefore not widely commercialized.
`
`15.
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`Still another technology utilized bipolar microneedles to apply RF energy to the
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`dermis. However, that type of technology often resulted in significant burning of the epidermis
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`and patients complained of the resulting pain from the burn.
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`16.
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`The inventions conceived of by Dr. Na and described and claimed in the Asserted
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`Patents improve upon the prior technology, for example, by applying RF energy directly to the
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`dermis using bipolar microneedles and controlling the conduction time of the RF energy applied.
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`These inventions achieved the desired tightening of the skin without burning patient’s epidermis
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`and thus causing pain, while also doing so utilizing bipolar radio frequency and microneedles
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`and lower voltages such that other organs were not impacted.
`
`17.
`
`Serendia is an operating company that markets the Scarlet SRF device for treating
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`and tightening of the skin on the face, scalp, chin, and neck. The Scarlet SRF device has been
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`approved by the FDA for use in dermatologic and general surgical procedures for
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`electrocoagulation and homeostasis.
`
`18.
`
`Serendia, therefore, competes with SHEnB in the market for radio frequency
`
`microneedling systems and apparatuses for medical and aesthetic dermatological treatment for
`
`tightening skin.
`
`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 9,320,536
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`19.
`
`The allegations set forth in the foregoing paragraphs 1 through 18 are
`
`incorporated into this First Claim for Relief.
`
`20.
`
`On April 26, 2016, the ’536 patent was duly and legally issued by the United
`
`States Patent and Trademark Office under the title “Method, System, and Apparatus for
`
`Dermatological Treatment.”
`
`21.
`
`Serendia is the assignee and owner of the right, title and interest in and to the ’536
`
`patent.
`
`22.
`
`SynKloud holds the exclusive right to assert all causes of action arising under the
`
`’536 patent and the right to collect any remedies for infringement of it.
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`23.
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`Upon information and belief, SHEnB has and continues to directly infringe one or
`
`more claims of the ’536 patent by selling, offering to sell, making, using, and/or providing and
`
`causing to be used products, specifically one or more radio frequency microneedling devices,
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`which by way of example include the Vivace and Virtue RF microneedling devices (the “’536
`
`Accused Instrumentalities”).
`
`24.
`
`Exemplary infringement analysis showing infringement of claims 11, 12, 14, 16
`
`and 19 of the ’536 patent is set forth in Exhibit 1. This infringement analysis is necessarily
`
`preliminary, as it is provided in advance of any discovery provided by SHEnB with respect to the
`
`’536 patent. Plaintiffs reserve all rights to amend, supplement and modify this preliminary
`
`infringement analysis. Nothing in the attached chart should be construed as any express or
`
`implied contention or admission regarding the construction of any term or phrase of the claims of
`
`the ’536 patent.
`
`25.
`
`On information and belief, SHEnB was made aware of the ’536 patent and its
`
`infringement thereof since at least as early as its receipt of a letter dated February 9, 2018.
`
`26.
`
`Upon information and belief, since SHEnB had knowledge of the ’536 patent,
`
`SHEnB has induced and continues to induce others to infringe at least claims 11, 12, 14, 16 and
`
`19 of the ’536 patent under 35 U.S.C. § 271(b) by, among other things, and with specific intent
`
`or willful blindness, actively aiding and abetting others to infringe, including but not limited to
`
`SHEnB’s partners and customers, whose use of the ’536 Accused Instrumentalities constitutes
`
`direct infringement of at least claims 11, 12, 14, 16 and 19 of the ’536 patent.
`
`27.
`
`In particular, SHEnB’s actions that aid and abet others such as their partners and
`
`customers to infringe include distributing the Accused Instrumentalities and providing materials
`
`and/or services related to the Accused Instrumentalities. On information and belief, the SHEnB
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`has engaged in such actions with specific intent to cause infringement or with willful blindness
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`to the resulting infringement because the SHEnB has had actual knowledge of the ’536 patent
`
`and that its acts were inducing infringement of the ’536 patent since SHEnB has had knowledge
`
`of the ’536 patent.
`
`28.
`
`In particular, on information and belief, SHEnB induces infringement of the ’536
`
`patent by providing demonstrative and informational videos and webinars regarding the ’536
`
`Accused Instrumentalitie with specific intent to encourage use of the ’536 Accused
`
`Instrumentalities by its clients, customers, and end users whose use of the ’536 Accused
`
`Instrumentalities constitutes direct infringement of the ’536 patent. See, e.g
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`https://youtube.com/playlist?list=PLC0nP6KnwtqpVNN3leFkU741tkbN7PxZq attached hereto
`
`as Exhibit 2 (accessed June 28, 2021).
`
`29.
`
`Upon information and belief, since SHEnB had knowledge of the ’536 patent,
`
`SHEnB is liable as a contributory infringer of the ’536 patent under 35 U.S.C. § 271(c) by
`
`offering to sell, selling and importing into the United States radio frequency microneedling
`
`devices to be especially made or adapted for use in an infringement of the ’536 patent. The ’536
`
`Accused Instrumentalities are material components for use in practicing the ’536 patent and are
`
`specifically made and are not a staple article of commerce suitable for substantial non-infringing
`
`use.
`
`30.
`
`On information and belief, since SHEnB had knowledge of the ’536 patent,
`
`SHEnB’s infringement has been and continues to be willful.
`
`31.
`
`32.
`
`not enjoined.
`
`
`
`Plaintiffs have been harmed by the SHEnB’s infringing activities.
`
`Plaintiff Serendia will be irreparably harmed if SHEnB’s infringing activities are
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`COUNT II – INFRIGEMENT OF U.S. PATENT NO. 9,480,836
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`33.
`
`The allegations set forth in the foregoing paragraphs 1 through 32 are
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`incorporated into this Second Claim for Relief.
`
`34.
`
`On November 1, 2016, the ’836 patent was duly and legally issued by the United
`
`States Patent and Trademark Office under the title “Skin Treatment Apparatus and Method.”
`
`35.
`
`Serendia is the assignee and owner of the right, title and interest in and to the ’836
`
`patent.
`
`36.
`
`SynKloud holds the exclusive right to assert all causes of action arising under the
`
`’836 patent and the right to collect any remedies for infringement of it.
`
`37.
`
`Upon information and belief, SHEnB has and continues to directly infringe one or
`
`more claims of the ’836 patent by selling, offering to sell, making, using, and/or providing and
`
`causing to be used products, specifically one or more radio frequency microneedling devices,
`
`which by way of example include the Vivace RF microneedling devices (the “’836 Accused
`
`Instrumentalities”).
`
`38.
`
`Exemplary infringement analysis showing infringement of claims 1, 2, 3, 4, 6, 7,
`
`8, 9, and 12 of the ’836 patent is set forth in Exhibit 3. This infringement analysis is necessarily
`
`preliminary, as it is provided in advance of any discovery provided by SHEnB with respect to the
`
`’836 patent. Plaintiffs reserve all rights to amend, supplement and modify this preliminary
`
`infringement analysis. Nothing in the attached chart should be construed as any express or
`
`implied contention or admission regarding the construction of any term or phrase of the claims of
`
`the ’836 patent.
`
`39.
`
`On information and belief, was made aware of the ’836 patent and its
`
`infringement thereof since at least as early as its receipt of a letter dated February 9, 2018.
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`40.
`
`Upon information and belief, since SHEnB had knowledge of the ’836 patent,
`
`SHEnB has induced and continues to induce others to infringe at least claims 1, 2, 3, 4, 6, 7, 8, 9,
`
`and 12 of the ’836 patent under 35 U.S.C. § 271(b) by, among other things, and with specific
`
`intent or willful blindness, actively aiding and abetting others to infringe, including but not
`
`limited to SHEnB’s partners and customers, whose use of the ’836 Accused Instrumentalities
`
`constitutes direct infringement of at least claims 1, 2, 3, 4, 6, 7, 8, 9, and 12 of the ’836 patent.
`
`41.
`
`In particular, SHEnB’s actions that aid and abet others such as their partners and
`
`customers to infringe include distributing the ’836 Accused Instrumentalities and providing
`
`materials and/or services related to the ’836 Accused Instrumentalities. On information and
`
`belief, the SHEnB has engaged in such actions with specific intent to cause infringement or with
`
`willful blindness to the resulting infringement because the SHEnB has had actual knowledge of
`
`the ’836 patent and that its acts were inducing infringement of the ’836 patent since SHEnB has
`
`had knowledge of the ’836 patent.
`
`42.
`
`In particular, on information and belief, SHEnB induces infringement of the ’836
`
`patent by providing demonstrative and informational videos and webinars regarding the ’836
`
`Accused Instrumentalities with specific intent to encourage use of the ’836 Accused
`
`Instrumentalities by its clients, customers, and end users whose use of the ’836 Accused
`
`Instrumentalities constitutes direct infringement of the ’836 patent. See, e.g, Ex 2.
`
`43.
`
`Upon information and belief, since SHEnB had knowledge of the ’836 patent,
`
`SHEnB is liable as a contributory infringer of the ’836 patent under 35 U.S.C. § 271(c) by
`
`offering to sell, selling and importing into the United States radio frequency microneedling
`
`devices to be especially made or adapted for use in an infringement of the ’836 patent. The ’836
`
`Accused Instrumentalities are material components for use in practicing the ’836 patent and are
`
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`specifically made and are not a staple article of commerce suitable for substantial non-infringing
`
`use.
`
`44.
`
`On information and belief, since SHEnB had knowledge of the ’836 patent,
`
`SHEnB’s infringement has been and continues to be willful.
`
`Plaintiffs have been harmed by the SHEnB’s infringing activities.
`
`Plaintiff Serendia will be irreparably harmed if SHEnB’s infringing activities are
`
`45.
`
`46.
`
`not enjoined.
`
`COUNT III – INFRINGEMENT OF U.S. PATENT NO. 10,058,379
`
`47.
`
`The allegations set forth in the foregoing paragraphs 1 through 46 are
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`incorporated into this Third Claim for Relief.
`
`48.
`
`On August 28, 2018, the ’379 patent was duly and legally issued by the United
`
`States Patent and Trademark Office under the title “Electrically Based Medical Treatment
`
`Device and Method.”
`
`49.
`
`Serendia is the assignee and owner of the right, title and interest in and to the ’379
`
`patent.
`
`50.
`
`SynKloud holds the exclusive right to assert all causes of action arising under the
`
`’379 patent and the right to collect any remedies for infringement of it.
`
`51.
`
`Upon information and belief, SHEnB has and continues to directly infringe one or
`
`more claims of the ’379 patent by selling, offering to sell, making, using, and/or providing and
`
`causing to be used products, specifically one or more radio frequency microneedling devices,
`
`which by way of example include the Vivace RF microneedling devices (the “’379 Accused
`
`Instrumentalities”).
`
`52.
`
`Exemplary infringement analysis showing infringement of claims 1, 2, 3, 4, 6, and
`
`8 of the ’379 patent is set forth in Exhibit 4. This infringement analysis is necessarily
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`preliminary, as it is provided in advance of any discovery provided by SHEnB with respect to the
`
`’379 patent. Plaintiffs reserve all rights to amend, supplement and modify this preliminary
`
`infringement analysis. Nothing in the attached chart should be construed as any express or
`
`implied contention or admission regarding the construction of any term or phrase of the claims of
`
`the ’379 patent.
`
`SynKloud has been harmed by the SHEnB’s infringing activities.
`
`Plaintiff Serendia will be irreparably harmed if SHEnB’s infringing activities are
`
`53.
`
`54.
`
`not enjoined.
`
`COUNT IV – INFRINGEMENT OF U.S. PATENT NO. 10,869,812
`
`55.
`
`The allegations set forth in the foregoing paragraphs 1 through 54 are
`
`incorporated into this Fourth Claim for Relief.
`
`56.
`
`On December 22, 2020, the ’812 patent was duly and legally issued by the United
`
`States Patent and Trademark Office under the title “Method, System, and Apparatus for
`
`Dermatological Treatment.”
`
`57.
`
`Serendia is the assignee and owner of the right, title and interest in and to the ’812
`
`patent.
`
`58.
`
`SynKloud holds the exclusive right to assert all causes of action arising under the
`
`’812 patent and the right to collect any remedies for infringement of it.
`
`59.
`
`Upon information and belief, SHEnB has and continues to directly infringe one or
`
`more claims of the ’812 patent by selling, offering to sell, making, using, and/or providing and
`
`causing to be used products, specifically one or more radio frequency microneedling devices,
`
`which by way of example include the Vivace and Virtue RF Microneedling devices (the “’812
`
`Accused Instrumentalities”).
`
`
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`60.
`
`Exemplary infringement analysis showing infringement of claims 12, 13, 14, 15,
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`16, 17, and 18 of the ’812 patent is set forth in Exhibit 5. This infringement analysis is
`
`necessarily preliminary, as it is provided in advance of any discovery provided by SHEnB with
`
`respect to the ’812 patent. Plaintiffs reserve all rights to amend, supplement and modify this
`
`preliminary infringement analysis. Nothing in the attached chart should be construed as any
`
`express or implied contention or admission regarding the construction of any term or phrase of
`
`the claims of the ’812 patent.
`
`Plaintiffs have been harmed by the SHEnB’s infringing activities.
`
`Plaintiff Serendia will be irreparably harmed if SHEnB’s infringing activities are
`
`61.
`
`62.
`
`not enjoined.
`
`JURY DEMAND
`
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiffs demand a trial by
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`jury on all issues triable as such.
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`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiffs demand judgment for itself and against SHEnB as follows:
`
`A.
`
`An adjudication that the SHEnB has infringed the ’536, ’836, ’379, and ’812
`
`patents;
`
`B.
`
`An order permanently enjoining SHEnB, its officers, agents, servants,
`
`employees, and attorneys, and those in active concert or participation with them who receive
`
`actual notice of the order, from infringing the ’536, ’836, ’379, and ’812 patents; and
`
`manufacturing, selling, offering to sell, or using the products that infringe the ’536, ’836, ’379,
`
`and ’812 patents;
`
`C.
`
`An award of damages to be paid by SHEnB adequate to compensate Plaintiffs for
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`SHEnB’s past infringement of the ’536, ’836, ’379, and ’812 patents, and any continuing or
`
`
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`future infringement through the date such judgment is entered, including interest, costs, expenses
`
`and an accounting of all infringing acts including, but not limited to, those acts not presented at
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`trial;
`
`D.
`
`A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of
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`Plaintiffs’ reasonable attorneys’ fees; and
`
`E.
`
`An award to Plaintiffs of such further relief at law or in equity as the Court deems
`
`just and proper.
`
`Dated: August 6, 2021
`
`
`
`
`DEVLIN LAW FIRM. LLC
`
`
`
`/s/ Timothy Devlin
`Timothy Devlin
`tdevlin@devlinlawfirm.com
`Robert Kiddie (pro hac vice to be filed)
`rkiddie@devlinlawfirm.com
`1526 Gilpin Avenue
`Wilmington, Delaware 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`Attorneys for Plaintiffs SynKloud Technologies,
`LLC and Serendia, LLC
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