Serendia, LLC ("Serendia"), a California company, filed patent infringement lawsuits against Cartessa Aesthetics, LLC ("Cartessa"), a New York based medical device distributor, in the U.S. District Court for the Eastern District of New York and against Sung Hwan E&C Co., Ltd d/b/a/ SHEnB Co. Ltd ("SHEnB"), a South Korean company, in the U.S. District Court for the Western District of Texas.
The lawsuits assert that the accused produce, import and sell infringing products and services throughout the U.S. The infringing products include Vivace and Virtue RF, which are radio frequency ("RF") microneedling devices manufactured and/or distributed by the accused for treatment of dermatological issues.
The lawsuits involve four patents relating to the inventions of Dr. Jongju Na who, based on such patented technologies, developed novel bipolar RF microneedling systems, apparatuses and methods for medical and aesthetic dermatological use including Scarlet SRF and Sylfirm X. Serendia is wholly owned by Dr. Na.
According to the lawsuits, the patented technologies drastically improved the challenges posed by conventional RF microneedling devices which could not effectively transmit high RF energy to the dermis layer of the skin without causing substantial burn to the epidermis (the surface of the skin), thereby causing significant pain and downtime for the patients.
The lawsuits seek an injunction to permanently halt each accused's sale and distribution of their infringing products as well as an award of monetary damages to be paid by the accused in an amount adequate to compensate Serendia for each accused's past infringement of the patents.
Sylfirm X and Scarlet SRF
Sylfirm X is the world's first and only FDA cleared Pulsed Wave and Continuous Wave RF microneedling device. Scarlet SRF is a Short-Pulse Continuous Wave RF microneedling device. They primarily target skin laxity and tightening using the "Na Effect", the patented technology. Sylfirm X also uses innovative patented pulsed wave RF technology to improve pigmentation and rosacea for ultimate skin rejuvenation. Applying the innovated patented technologies, notably the "Na Effect" which enables independent electro thermal tissue coagulation around each electrode of bipolar RF thereby maximizing the desired effect with less conduction time, Sylfirm X can apply RF energy directly to the dermis using gold-coated, non-insulated bipolar microneedles and control the conduction time of the RF energy applied in continuous wave or pulsed wave modes. Hence it can achieve desired results without burning patients' epidermis, thereby causing minimum pain and downtime for the patients.
Serendia and Partners
Serendia is the owner of the patents that have allegedly been infringed by the accused. Serendia has various domestic partners to market and distribute the RF microneedling devices that utilize the patented technologies such as BENEV, the exclusive distributer of Sylfirm X in the U.S., who a California based skin care and medical device company as well as AMP who distributes Scarlet SRF in the U.S.
Patents at Issue
The lawsuits accuse infringement of four U.S. patents: 9,320,536 (titled "Method, System, and Apparatus for Dermatological Treatment."), 8,480,836 (titled "Skin Treatment Apparatus and Method."), 10,058,379 (titled "Electrically Based Medical Treatment Device and Method."), and 10,869,812 ("Method, System, and Apparatus for Dermatological Treatment.").