CA-HYPERICE

Hyperice, a high-performance wellness brand and innovator of percussion, dynamic air compression, thermal, vibration, and contrast therapy technology, filed 16 additional lawsuits in Federal Court on Tuesday, January 16th, 2024 against Sharper Image, HoMedics, Ekrin Athletics, and more than a dozen others, including retailers CVS, Costco, Walgreens and Kohl’s, related to the sale of percussive massage guns, alleging infringement of Hyperice's patented percussion massage technology.

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In the lawsuits, which targeted both massage gun direct sellers and numerous retailers, Hyperice asserted its recently-issued U.S. Patent No. 11,857,482, which claims technology dating back to 2013 that is utilized in nearly all massage guns on the market today. Hyperice made national headlines in 2018, launching the Hypervolt, the world’s first “modern-day” massage gun, featuring a brushless motor system, variable speed settings, and QuietGlide^® technology. The success and rapid scale of the Hypervolt led to an influx of massage gun brands entering the market to replicate this technology, including the aforementioned parties. Hyperice sells numerous products embodying the patented technology, including its Hypervolt Go 2, Hypervolt 2, and Hypervolt 2 Pro.

In the lawsuits, Hyperice contends that several Sharper Image, HoMedics, Ekrin Athletics, and other products infringe Hyperice’s IP, including but not limited to the Sharper Image Powerboost line, and the Ekrin Athletics massage guns, along with the HoMedics, TRAKK, Eleeels, Vybe, Osaki, LifePro, and other lines of massage guns. In the coming weeks, Hyperice intends to file additional lawsuits against many other sellers and retailers believed to have infringed on this patent. Hyperice has also filed a series of related patent applications to further enhance the scope and scale of protection around the percussion category at large.

This announcement follows legal action taken by Hyperice on January 3^rd, where Hyperice sued Therabody, maker of the Theragun and TheraFace products, in Federal Court for patent infringement, contending that numerous Therabody products infringe, including Theragun Elite, Theragun PRO, Theragun Prime, Theragun Mini, Theragun Sense, and TheraFace PRO. Hyperice will add additional products in the lawsuit against Therabody including the Theragun Relief, and any new products that are believed to infringe upon the recently issued patent.

“At Hyperice’s core, we develop innovative products and technologies to enhance recovery, performance, and longevity for consumers worldwide,” said Jim Huether, Hyperice CEO. “For any company working to lead and grow a new and emerging market in the technology sector, the inventive process is extremely important. As such, we hold innovation in high regard and safeguard our products and technology by obtaining patents. There are hundreds of millions of dollars of massage guns sold every year in the U.S. alone, and we believe that a vast majority of these massage guns infringe this patent. We will use aggressive legal actions against all infringers to reinstill credibility of the percussion market.”

In 2023, the massage gun market was valued at USD 542.6 million and is expected to reach well over USD 1 billion over the coming years¹ with growth being fuelled by the advancement of technology, consumer’s understanding of the benefits, and prioritization of overall wellness and self-care.

“The actions that we have taken today are one part of a larger legal strategy to protect our intellectual property rights. We intend to take additional actions in the coming days and weeks to ensure that our innovative line of percussion massage guns is protected,” said Jon Howell, General Counsel at Hyperice.

UNMATCHED TECHNOLOGY AND INNOVATION

Hyperice dedicates considerable resources to research, develop, and protect its intellectual property. The brand holds hundreds of patents worldwide and will continue to take an assertive approach to protecting all aspects of its intellectual property. In 2021, Hyperice was recognized by Fast Company as one of the world’s most innovative companies. Hyperice has also attracted some of the world’s most prominent athletes and sports leagues as partners and investors, including Patrick Mahomes, Erling Haaland, Jayson Tatum, Naomi Osaka, Rory McIlroy, the NFL, MLB, NBA, UFC, and PGA TOUR.

Hyperice is represented in the lawsuit by Lawrence LaPorte of Lewis Brisbois Bisgaard & Smith LLP, Ben Herbert of Miller Barondess, LLP, and Brian Arnold, Associate General Counsel and Head of IP at Hyperice. Mr. Arnold was previously a patent litigation partner at several firms including Kirkland & Ellis LLP and, most recently, Lewis Roca Rothgerber Christie LLP.

About Hyperice

Hyperice is a technology-driven company with a giant mission, to help everyone on Earth move and live better. For more than a decade, Hyperice has led a global movement at the confluence of recovery and wellness, specializing in percussion (Hypervolt line), dynamic air compression (Normatec line), vibration (Vyper and Hypersphere lines), thermal technology (Venom line), and contrast therapy (Hyperice X). Now, as a holistic high-performance wellness brand, Hyperice is designed for all - from the most elite athletes, leagues, and teams to consumers everywhere looking to unlock the best version of themselves to help them do what they love, more. Recognized as one of Fast Company’s Most Innovative Companies, Hyperice has applied its technology and know-how to industries including fitness, hospitality, healthcare, massage, physical therapy, sports performance, and workplace wellness on a global scale. For more information, visit hyperice.com.

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¹ Future Market Insights: Global Massage Gun Market Outlook (2023 to 2033)

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