Syneron, Candela Corporation, and the Massachusetts General Hospital sued a number of different entities in multiple filings in the District of Massachusetts, accusing them of infringing U.S. Patent Nos. 9,095,357 and 9,510,899, each directed to dermatological treatment and tissue reshaping. The defendants are:
– EndyMed Medical (18-cv-10678);
– Cutera, Emvera Technologies, Illooda, and Rohrer Aesthetics (18-cv-10679);
– InMode MD, Invasix, and Ivasix (18-cv-10680);
– Jeisys Medical and Perigree Medical (18-cv-10681);
– Lumenis and Pollogen (18-cv-10682);
– Lutronic (18-cv-10683); and
– Aesthetics Biomedical, Cartessa Aesthetics, and Sung Hwan E&B Co. d/b/a SHENB Co. (18-cv-10684).
Syneron claims to be the exclusive licensee to the patents for clinical applications, and to market a product, known as Profound, that practices the inventions of the two patents. The product delivers radio frequency energy through microneedles to the dermis below the skin, causing small regions of damage; the healing process produces collagen that pushes out wrinkles and smooths skin. Syneron accuses manufacturers, importers and sellers of similar devices of direct, contributory and induced infringement. Syneron claims personal jurisdiction in Massachusetts exists with respect to at least some of the defendants by way of interactive websites available in(but not necessarily directed specifically to) Massachusetts. Venue is only generally alleged, however, leaving the viability of Massachusetts as a venue for these cases uncertain. The cases are currently split among Judges Young, O’Toole, Stearns, Gorton, and Magistrate Judge Kelley.