Clarisonic ITC Complaint

PAUL
HASTINGS
DOCKET
NUMBER
1(202)551-1763
[email protected]
CBI IS"P-^^
29172.00208
April 30, 2015

Office of the
Secretary
BY HAND DELIVERY
Int'l Trade Commission
The Honorable Lisa R. Barton
Secretary
United States International Trade Commission
500 E Street, SW
Washington, DC 20436
Re:
CERTAIN ELECTRIC SKIN CARE DEVICES, BRUSHES AND CHARGERS
THEREFOR, AND KITS CONTAINING SAME
(ITC Inv. No. 337-TA-
Dear Secretary Barton:
Enclosed for filing on behalf of Pacific Bioscience Laboratories, Inc. ("Complainant") are the following
documents in support of Complainant's request that the Commission commence an investigation

J
pursuant to the provisions of Section 337 of the'Tariff Act of 1930, as amended:
1. One original (unbound) and eight
(8) copies of the verified Complaint (Rulp 210.8(a)(1)(i));
2. One copy, on CD, of the Non Confidential

Confidential Exhibit, to the
Exhibits, including public versio'ns of the
Compaint (Rule 210.8(a)(1)(i));
3. One copy, on CD, of the Confidential Exhibit to the Complaint, segregated from other
{
materials submitted (Rules 201 6(c) and210.8(a)(1)(ii));
4. One physical sample of each accused product, as identified in the Complaint;

5. Eighteen (18) additional paper co;pies of the Complaint and accompanying Exhibits, on CDs,
both non-confidential and
confidential, one each for service upon the proposed Respondents
(Rules 210.8(a)(1)(iii) and 210.11 (a)(1));

6.
Five (5) additional paper copies if the non-confidential Complaint for service upon the
Embassies of Canada, China,
Isifael, Korea, and the United Kingdom (Rules 210.8(a)(i)(iv)
and 210.11(a)(1));
Certified copies of U.S. Patent Nbs . 7,320,691 ("the '691 patent"), 7,386,906 ("the '906
patent") and D523.809 ("the D'809 patent"). Legible copies ofthe patents are included with
the Complaint as Exhibits 1-3 (Rîle 210.12(a)(9)(i));
8. Certified copies of the assignments related to the '691, '906 and D'809 patents. Legible
copies of the assignments are included with the Complaint as Exhibits 4A-6 (Rule
210.12(a)(9)(H));
Paul Hastings LLP I 875 15th Street, N.W. I Washington, DC 20005

t: +1.202.551.1700 I www.paulhastings.com
PAUL
HASTINGS
April 30, 2015

Page 2
9. Acertified copy and three (3) additional copies, on CDs, ofthe prosecution histories ofthe
'691, '906 and D'809 patents along with any applicable reexamination prosecution histories.
Legible copies ofthe prosecution histories are included with the Complaint as Appendices A
B, D and F (Rule 210.12(c)(1));
10. Four (4) copies, on CD, ofeach technical reference mentioned in the prosecution of the '691,
'906 and D'809. Legible copies ofthe references are included with the Complaint as
Appendices C, E and G (Rule 210.12(c)(2));
11. A letter and certification concerning the confidentiality of Confidential Exhibit 37 and
containing a request for confidential treatment of such document (Rules 201 6(b) and
210.5(d)); and
12. A statement of public interest (Rule 210.8(b)).
Thank you for your attention to this matter. Please contact me at the number above if you have any
questions. If Iam not available, you may contact Timothy Cremen at (202) 551-1838.
Respectfully submitted,
Robert M. Masters
of PAUL HASTINGS LLP
875 15th Street, NW
Attorney for Complainant Pacific Bioscience
Laboratories, Inc.
RMM:mrp
Enclosures
LEGALJJS E# 114713329.1
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PAUL
HASTINGS
1(202)551-1763
[email protected]
29172.00208
April 30, 2015

BY HAND DELIVERY
Secretary
United States International Trade Commissioi)
500 E Street, SW
Re:
CERTAIN ELECTRIC SKIN CARE DEVICES, BRUSHES AND CHARGERS
THEREFOR, AND KITS CONTAINING SAME
(ITC Inv. No. 337-TA-
Dear Secretary Barton:

I am counsel for Pacific Bioscience
Laboratores, Inc. (hereinafter "Complainant"). In accordancewith 19
C.F.R. 201.6, Complainant requests confidential treatment of Exhibit 37, filed under Section 337 of the
j
Tariff Act, as amended, and attached to Complainant's complaint.
Confidential treatment is sought for Exhibit 37 because it contains confidential business information
relating to Complainant's proprietary and con idential commercial information, including investment in
plantand equipment, labor and capital, and 'in the exploitation of U.S. Patent Nos. 7,320,691, 7,386,906
and U.S. Design Patent No. D523.809 in the United States.
The information described above qualifies as confidential business information pursuant to Rule
201.6(a)(1) in that:
1.
It is not available to the public;
2.
Unauthorized disclosure of such information could cause substantial harm to the competitive
position of Complainant; and

3.
The disclosure of this information
could impair the Commission's ability to obtain information
necessary to perform its statutory functions.
Paul Hastings LLP I 875 15th Street, N.W. I Washington, DC20005

t:+1.202.551.1700 I www.paulhastings.com
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PAUL
HASTINGS
April 30, 2015
Page 2
Thank you for your attention to this matter. Please do not hesitate to contact me if there are any
questions pertaining to this submission.
Robert M. Masters
of PAUL HASTINGS LLP
875 15th Street, NW

Attorney for Complainant Pacific Bioscience
Laboratories, Inc.
RMM:mrp
Enclosures
LEGAL_US_E # 114713462.1
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UNITED STATES INTERNATIONAL TRADE COMMISSION

WASHINGTON, D.C.
In the Matter of:
CERTAIN ELECTRIC SKIN CARE
DEVICES, BRUSHES AND CHARGERS
Inv. No. 337-TA-
THEREFOR, AND KITS CONTAINING

SAME
pttrt Tr TNTEREST STATEMENT
submits this
Complainant Pacific Bioscience Laboratories, Inc. ("PBL") respectful!}
Public Interest Statement concurrently wii;h a Complaint having the above-caption, pursuant to
19 C.F.R. 210.8(b).
favors the protection ofU.S. intellectual property

First and foremost, "the public interest
i
rights by excluding infringing imports." (Pertain Two-Handle Centerset Faucets and

Escutcheons, andComponents Thereof, I:iv
No. 337-TA-422, USITC Pub. 33b, 2000 ITC

I
s
LEXIS 494, at *18 (June 19, 2000). As set forth more fully in the Complaint, PBL created,
designed anddeveloped technology directed to skin care devices, brushes and (chargers therefor,
f
'
'
and kits containing the same ("Clarisonic system"), and manufactures and sells such technology
under the mark Clarisonic. PBL obtained intellectual property rights in the fam ofpatents and
trade dress, among other rights, to protecjt this technology. Respondents have unlawfully copied
the Clarisonic system resulting in. numerous and ongoing infringements of several ofPBL's
intellectual property rights, including U S. Patent Nos. 7,320,691, 7,386,906, and D523,809; and
trade dress. PBL seeks, inter alia, a g<eneral exclusion order against importations of infringing
articles, and a cease and desist order prohibiting Respondents from importing
or selling the same.
The requested relief, therefore, furthers ;he public's interest in encouraging innovation via a
robust intellectual property regime.
TTnrirwaj-uwM>^|ij.iM^wj^tMwwWir;i; k%M^w<*<-^>'"ivi"*'mw,-*f"***"iT """*"
The public's strong interest in protecting intellectual property is not outweighed by any
countervailing considerations. See Certain Battery-Powered Ride-On Toy Vehicles and
Components Thereof, Inv. No. 337-TA-314, Comm'n Op. at 11 (Apr. 9, 1991) (stating that
exclusionary relief should only be denied "when the adverse effect on the public interest would
be greater than the interest in protecting the patent holder"). As discussed below, the issuance of
the requested relief would not have an adverse effect on public health and welfare, competitive
conditions in the United States economy, the production oflike or directly competitive articles in
the United States, or United States consumers.
1) Explain how the articles potentially subject to the orders are used in the United
States.
The infringing articles in this matter are hand-held electric skin care devices, generally
used for the cleansing offacial skin and/or treatment ofacne, along with brushes or brushheads,
and chargers for those devices. A user operates such a device by activating a motorized
brushhead on the device, such that the brushhead moves and when placed in contact with the
user's skin effects the facial skin cleansing. The motion of the brushhead is intended to cleanse
skin by loosening the adhesion ofsebaceous plugs inthe skin's pores, thereby resolving aroot
cause ofacne. The brushhead is also effective at cleansing the skin and removing any impurities
such as makeup. Each device is battery-powered and is sold with a complimentary charger that
plugs into a standard electrical outlet.
2) Identify any public health, safety, orwelfare concerns in the United States relating
to the requested remedial orders.
The issuance ofthe requested relief will have no adverse impact upon the health, safety
or welfare concerns in the United States. To the contrary, itwill benefit public health, safety, or
welfare by removing lesser-quality, knock-off products from themarketplace. PBL has devoted
significant sums ofits annual revenues to research and development, including university-based
~^^ggg3gJWJffift}â?Sfe'&*' !=!J)"^,V'K''M,"'Wl^'^.'îlilgll!,^j,y.vut'iBi''
clinical studies, to ensure that its Clarisonic line of electricskin care devices, brushes and
brushheads, and chargers are as safe and effective as possible.
Many ofthe accused products
while copying proprietary elements of PB. L's patents and trade dressare ofinferior
construction and design. On information and belief, Respondents have spent comparatively
little resources on research and development of safe and effective devices.
Thujs, PBL is
t
informed and believes that these accused Itroducts are less effective and/or lessjsafe at treating
-
'I
acne and cleansing skin than the proprietary Clarisonic line of products. The requested relief
would, therefore, further the public's interest inhaving proven effective and safe products inthe
marketplace.
In addition, as discussed in more
Retail below, should the accused products be excluded
from the United States marketplace, PBL can meet the demand for electric skin care devices
through its existing line of Clarisonic products . Moreover, if PBL wereto enjoy its rightful
i
market share of its proprietary skin-cleanjsing systems, revenues would increase, thereby
more
expanding the resources that PBL could devote to further research and development
i
effectiveproducts. In this manner, affirmingthe public's interest in encouraging innovation also
".'.
furthers the public interests of health, safety
and welfare.
In any event, the public will not be deprived ofproducts necessary for any important
health or welfare need. See Sponsion,
Inc..
v. Int'l Trade Comm'n, 629 F.3d 1331,1360 (Fed.
Cir. 2011) (noting that the Commission las only denied an exclusion order when the order
important health or welfare need").

"[w]ould deprive the public ofproducts 'necessary for some
'
i
i.
The infringing products relate to the cleansing ofskin and in some cases a treatment for acne,
each of which is a non-life-threatening aW largely cosmetic skin condition and which is not the
[
type ofahealth issue that outweighs the public's interest in protecting intellectual property and
^yp^^s^^WTTTW^WP^^^^^
encouraging innovation. Moreover, as discussed in more detail below, the requested relief will
not deprive the public oftreatment options, at least because (i) PBL anticipates that it can meet
the demand for any excluded products; and (ii) consumers have a variety ofcommercial
alternatives for the treatment of acne. .
3) Identify like ordirectly competitive articles that complainant, its licensees, or third
parties make which could replace the subject articles if they were to be excluded.
The infringing articles constitute unlawful copies ofPBL's proprietary Clarisonic line of
hand-held electric skin care devices. Thus, the Clarisonic line ofproducts can replace the subject
infringing articles if they were to be excluded, raising no public interest concerns. See Certain
Lens-Fitted Film Packages ("LFFPs"), Inv. No. 337-TA-406, Comm'n Op., 1999 ITC LEXIS
202 at *39-40 (June 28, 1999)(finding no public interest concerns when there was no evidence
that the demand for the products at-issue could not be supplied by the complainant, and
reasoning that "[t]he fact that some retailers and consumers may have to pay a higher price for
the [products] does not justify a determination that the public interest inprotecting intellectual
property rights is in any way outweighed").
In addition, the public has avariety ofalternatives when it comes to facial cleansing and
treating acne. These alternatives include, for example, manual cleansing with soap, topical
creams and ointments, and orally-administered medications. The presence ofan adequate supply
ofsubstitute products, while not necessarily as convenient or effective as the Clarisonic system,
is sufficient to override any public interestconcerns.
4) Indicate whether the complainant, its licensees, and/or third parties have the
capacity to replace the volume of articles subject to the requested remedial orders in
a commercially reasonable time in the United States.
PBL has the capacity to replace the volume ofinfringing articles subject to the requested
remedial orders in a commercially reasonable time in the United States. PBL developed the
market for the technology-at issue, and ha^ the resources andthe motivation to keep up with
demand. PBL's manufacturing facility in Redmond, WA has the equipment required to produce
components of the Clarisonic system in volume.

PBL believes that with current resources
in a commercially reasonable time, it can
replace the volume of articles subject to the requested remedial orders.
5) State how the requested remedial orders would impact consumers.

As discussed above, the issuance
o|f the requested general exclusion order and cease and

j
desist order in this investigation will not adversely impact consumers. Any excluded articles can
be replaced by PBL's Clarisonic line of products,, which are thoroughly tested to be safe and
effective. In addition, a variety of' alternative products
are available for facial cleansing and to
treat acne, such as manual cleansing with soap, topical creams and ointments, and orallyadministered medications. The issuance of the requested relief furthers
the public's interest in
encouraging innovation, which could result in newer, better products for consumers.
gwnfflff^TO^^^^
f^'Sft "Mr ' ^ n -
Dated: April 30, 2015

Attorneysfor Complainant
Pacific Bioscience Laboratories, Inc.
Robert M. Masters
Timothy P. Cremen
PAUL HASTINGS LLP
875 15th St NW
Washington, D.C. 20005

Tel: (202)551-1700
Fax: (202)551-1705
[email protected]
[email protected]
Robert L. Sherman
Natalie G. Furman
PAUL HASTINGS LLP
75 East 55th Street
New York, NY 10022
Tel: (212)318-6000
Fax: (212)318-6847
[email protected]
[email protected]
^wmtrnmrnw?***
UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, D.C.
In the Matter of:
CERTAIN ELECTRIC SKIN CARE
DEVICES, BRUSHES AND CHARGERS
Inv. No. 337-
THEREFOR, AND KITS CONTAINING

SAME
COMPLAINT UNDER SECTION 337

OF THE TARIFF ACT OF 1930, AS AMENDED
Complainant:
Proposed Respondents:
PACIFIC BIOSCIENCE LABORATORIES,

INC.
OUR FAMILY JEWELS, INC.

d/b/a Epipiir Skincare
17275 NE 67th Court
10226 S. Dransfeldt Road
Redmond, WA 98052
Parker, CO 80134
(425) 285-1711
ACCORD MEDIA, LLC
Counsel for Complainant:
d/b/a Truth in Aging

241 West 36th Street, Apt. 16
Robert M. Masters
New York, NY 10018
Timothy P. Cremen
PAUL HASTINGS LLP
XNOVT ELECTRONIC CO., LTD.
875 15th St NW
Room 915, GuanLiDa Mansion;

Tel: (202) 551-1700
Fax: (202) 551-1705
[email protected]
[email protected]
Qianjin 1st Road
Zone 30 Bao'An; Shenzhen, China

MICHAEL TODD TRUE ORGANICS LP
648 SW Port St. Lucie Blvd.
Port St. Lucie, FL 34953-1947 {
Robert L. Sherman
Natalie G. Furman
PAUL HASTINGS LLP

75 East 55th Street
New York, NY 10022
Tel: (212)318-6000
Fax: (212) 319-4090
[email protected]
[email protected]
MTTO LLC
648 SW Port St. Lucie Blvd.
Port St. Lucie, FL 34953-1947

SHANGHAI ANZIKANG ELECTRIC CO,
LTD.
168 Ji Xin Road, Building 3, Room 401

MinhangDistrict, Shanghai, China
NUTRA-LUXE M.D, LLC j

6835 International Center Blvdl Unit 5
Fort Myers, FL 33912
SPIS'-w^W way-iM'W% vWU^'fii'/'''M&ifl&V" mK?5-âjf^^j=w^- "k i -w
BEAUTY TECH, INC.

1430 S. Dixie Hwy, Ste. 321
Coral Gables, FL 33146-3175
ANEX CORPORATION
C-304 Seoul Hightech Venture Center, 647-26

Deungchon-dong, Gangseo-ku, Seoul, 157-030,
Korea
RN VENTURES LTD.
Francis House, 10 Francis Street
London SW1P IDE, United Kingdom

KOREAN BEAUTY CO, LTD.
10 F, PluszoneBldg700
Deungchon-Dong, Gangseo-Gu
Seoul, Korea
H2PRO BEAUTYLIFE, INC.

1043 Segovia Cir.
Placentia, CA 92870-7137
SERIOUS SKIN CARE, INC.

112 N.Curry St.
Carson City, NV 89703-4934
HOME SKINOVATIONS INC.
lOOLeekCrescent Unit 15
Richmond Hill, ON L4B 3E6, Canada

HOME SKINOVATIONS LTD.
Tavor Building, Shaar Yokneam

Yokneam, 20692, Israel
WENZHOU AI ER ELECTRICAL
TECHNOLOGY CO, LTD d/b/a CNAIER
1#, XiaSong Road, WanQuan Town, PingYang,

Zhejiang, China
COREANA COSMETICS CO, LTD.
204-1 Jeongchon-ri, Seonggeo-eup, Seobuk-gu

Cheonan-si, Chungcheongnam-do, Korea
FLAGEOLI CLASSIC LIMITED
7310 Smoke Ranch Road
Las Vegas, NV 89128
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TABLE OF CONTENTS
Page
I.
INTRODUCTION.
II.
THE PARTIES.
A.
B.
III.
.7
The Complainant PBL

Proposed Respondents
1.
Our FamilyJewels.
.7
,7
2.
Accord Media
3.
Xnovi
4.
5.
MTTO LP and MTtO LLC .

Anzikang
6.
NutraLuxe
13
7.
Beauty Tech, Inc. d/fb/a 5th Avenue Buzz.
14
8.
ANEXCorp
...9
10
11
15
9.
RN Ventures Ltd..
.16
10.
Korean Beauty
.17
11.
H2Pro
.17
12.
Serious Skin Care.
.18
13.
Fkgeoli
.19
14.
Home Skinovations.
.20
15.
CNAIER
.21
16.
Coreana
.22
THE TECHNOLOGY AND PRODUCTS AT ISSUE
23
A.
B.
'
Description of the Technology at Issue
Background Information o n the Products and Processes at Issue ...J.
1.
2.
IV.
Conventional. Treatment of Acne

The Innovative Claiisonic System
'.
>
23
23
24
-!
24
27
THE PATENTS-IN-SUIT..
A.
B.
1.
2.
Identification of the Patent and PBL's Interest Therein
3.
Foreign Counterparts
Non-Technical Description of thePatented Invention
28
29
29
30
The'906 Patent
1.
Identification of thi Patent and Ownership by PBL
}...
30
2.
Non-Technical Descr:iption of the Patented Invention
[.
31
3.
C.
,28
The'691 Patent
Foreign Counterparts P
2.
3.
31
J.
32
Identification of the Patent and Ownership by PBL
J.
32
Non-Technical DescriptLon of the Patented Invention
I.
33
33
The D'809 Patent
1.
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TABLE OF CONTENTS
(continued)
Page
V.
THE TRADE DRESS
33
VI.
LICENSES
VII.
UNLAWFUL AND UNFAIR ACTS OF RESPONDENTS

A.
Infringement ofthe '691 Patent
B.
Infringement ofthe '906 Patent
C.
Infringement ofthe D'809 Patent
D.
Trade Dress Infringement
39
39
42
44
45
VIII. SPECIFIC INSTANCES OF SALE AND IMPORTATION
47
EX
RELATED LITIGATION
A.
NutraLuxe Litigation (Western District ofWashington)
B.
Litigation in China
C.
Litigation inGreat Britain
50
50
59
53
D.
53
...;
Contemporaneous Litigation in the Western District ofWashington
38
X.
HARMONIZED TARIFF SCHEDULE
53
XI.
DOMESTIC INDUSTRY
A.
Technical Prong
53
54
B.
Economic ProngSignificant Investment in Plant, Equipment, Labor, and

Capital
C.
Economic ProngSubstantial Investment in the Exploitation ofPBL's

Patented Technologies
D.
rr
'.
56
Injury to Domestic Industry
XII.
GENERAL EXCLUSION ORDER
XIII.
RELIEF
5g
60
61
-11-
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DOCUMENTARY EXHIBITS
Description
Exhibit No.
Certified copy ofU.S. Patent No. 7,320,691 ("the '691 patent"
Certified copy ofU.S. Patent No. 7,386,906 ("the '906 patent")
4A
4B
Certified copy ofU.S. Patent No. D523,809 ("the D'809 patent") j

Certified copy of the ass.ignment papers for U.S. Patent No. 7,320,691 from the
|
inventors to Pacific Bioscience Laboratories, Inc. ("PBL")
Certified copy of the assignment for U.S. Patent No. 7,320,691 from PBL to
L'Oreal S.A.
5A
Certified copy of the assignment for U.S. Patent No. 7,386,906 from the inventors
to PBL
5B
Certified copy of the assignment for U.S. Patent No. 7,386,906 from PBL to
L'Oreal S.A.
Certified copy of the assiginment for U.S. Patent No. D523,809 from the inventors
to PBL
Declaration of Lilac Muller in Support of Complaint

7A
Photographs, Receipt, ^nd Physical Exhibit from Purchase of Our Family

Jewels' Episonic
7B
Photographs, Receipt, Jmd Physical Exhibit from Purchase ofAccord Media's

UltraClear
7C
Photographs, Receipt, ^nd Physical Exhibit from Purchase of Xnovi's

Lemons onic
7D
Photographs, Receipt, jmd Physical Exhibit from Purchase of MTTO's

Soniclear
7E
7F
7G
Photographs, Receipt, md Physical Exhibit from Purchase of Anzikang's Dione

Photographs, Receipt, and Physical Exhibit from Purchase ofNutraLuxe's
NutraSonic 4-Speed
Photographs, Receipt, and Physical Exhibit from Purchase ofNutraLuxe's

NutraSonic Travel
7H
Photographs, Receipt, and Physical Exhibit from Purchase of5th Avenue

Buzz's NuSonic
71
7J
Photographs, Receipt, and Physical Exhibit from Purchase ofANEX's Mimian

Photographs, Receipt, and Physical Exhibit from Purchase ofRN Ventures'
-lii-
e*rmrwexa*m*s'>*>r-r*rr*>**TV"" ^W'^^ggWgtWTW^ "ei- *--- '
Exhibit No.
Description
Magnitone Pulsar
7K
Photographs, Receipt, and Physical Exhibit from Purchase ofKorean Beauty
7L
Photographs, Receipt, and Physical Exhibit from Purchase ofH2Pro's Eve
7M
Photographs, Receipt, and Physical Exhibit from Purchase of Coreana's 4D

Motion.
7N
Photographs, Receipt, and Physical Exhibit from Purchase of Serious Skin

Care's / Flageoli's Beauty Buzz
70
Photographs, Receipt, and Physical Exhibit from Purchase of Home

Skinovations' Silk'n Sonic
7P
8A
8B
Photographs, Receipt, and Physical Exhibit from Purchase of CNAIER
Printout of the "Episonic" Word Mark from theTrademark Electronic Search
System (TESS) available at http://tmsearch.uspto.gov/ (last accessed Jan. 13, 2015)

Prmtoutfromhltp://www.epipurskincare.com/products/episonic-facial-cleansingsystem.html (last accessed Jan. 9, 2015)
8C
Printout from http://www.amazon.com/Episonic-Facial-Cleansing-Brush-
System/dp/BOOFWZRCGS/ (last accessed July 16, 2014)

8D
Printout from http://centralops.net/co/DomainDossier.aspx for

"epipurskincare.com" (last accessed Mar. 12, 2015)
9A
Printout from https://www.tmthinaging.com/terms (last accessed Dec. 2, 2014)
9B
Printout from http://www.truthinaging.com/review/ultra-renew-clear-our-newpower-cleansing-brush (last accessed Jan. 9, 2015) '
9C
Printout from http://www.truthinaging.com/ultra-clear-replacement-brush-heads

(last accessed Jan. 9, 2015)
9D
Printout from http://www.amazon.com/Ultra-Clear-Facial-Cleansing-
System/dp/B00DMHKG2K/ (last accessed July 16, 2014)

9E
10A
10B
Printout from https://www.ttutlimaging.com/about (last accessed Mar. 13, 2015)

Printout from http://www.amazon.com/Lemon-Sonic-Cleansing-SvstemWhite/dp/B00DCMDYK6 (last accessed Dec. 2, 2014)
Printout from http://www.amazon.com/Lemon-Sonic-Cleansing-System-
Replacement/dp/B00I505TPI/ (last accessed Dec. 2, 2014)

11A
Printout from http://www.michaeltoddusa.com/somclear-antirnicrobial-deansmesystem/soniclear.html (last accessed Jan. 9, 2015)
-IV-
?^^5,'9^'3&'r"S33*Kra'^^
vmw&st&w"' 9G&pa$ir?m>*
^jtBIS^^B
Description
Exhibit No.
11B
11C
Printout from http://www. fmazon.com/Soniclear-Anti-microbial-Skin-Cleansing{

System/dp/BOOMNNGRL /'dast accessed Jan. 9, 2015)
Printout from http://searcrj.sunbiz.org/ for "MTTO LLC" (last accessed Mar. 13,
2015)
11D
Printout from http://searcLsunbiz.org/ for "Michael Todd True Organics LP"

(last accessed Mar. 13, 2015)
12
Printout from http://acne. c|enter/anzikang-electric-facial-body-brus;h-spa-deaningsystem-electric-waterproof-: ;ift-packing-pink/ (last accessed Dec. 2,12014)
13A
Printout from http://www. nutrasonic.com/contact-us/ (lastaccessed Dec. 2, 2014)
13B
Printout from http://www. amazon.com/Nutra-Sonic-1020-Professional[

Cleansing/dp/B002RZKFAQ/ dast accessed Dec. 2, 2014)
13C
Printout from http://www. amazon.com/Nutra-Sonic-0046-CompahionProfessional/dp/B004UOTV' G6/ (last accessed Dec. 2, 2014)
13D
Printout from http://search.sunbiz.org/ for "Nutra-Luxe M.D, LLC" (last

accessed Mar. 13,2015)
14A
Printout from http://www. 5thavenuebuzz.com/shop/devices/test]hgv.html (last

accessed Nov. 27, 2014)
14B
14C
Printout from http://www. amazon.com/SONIC-CLEANSING-SYSTEM-5th|

Avenue/dp/B00J7U9ZVE (last accessed Nov. 27, 2014)
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13, 2015)
15A
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accessed Dec. 2, 2014)
15B
Printout from http://www .amazon.com/Mimian-Beauty-Portable-Cleanser-
Facial/dp/B00JSQ5ZG6/ dast accessed Nov. 27, 2014)

15C
15D
Printout from http://anexcorp.com/ (last accessed Apr. 24, 2015) j

Printout from http://anexôrp.com/eng/02_sub/02_sub.html (last accessed Apr.
24,2015)
15E
Printout from http://anexcorp.com/jap/ (last accessed Apr. 27, 2015)
16A
Printout from https://magbitone.co.uk/shop/magnitone-pulsar/ (last accessed

Nov. 27,2014)
16B
Printout from http://www;.lookfantastic.com/magnitone-pulsar-daily-skincleansing-toning-and exfoliation-brush-for-face-and-body/10858382.html(last

g}T7-'-g'WF*'.l't>frf<*" ^-"".'. mi.-tj,-jsapw-s-u-amy jy^'.1^ >t "' '**->""* ff -*^'"~n -.*
Exhibit No.
^^^^^^^^^^^vmiV^^^m^^Tss^
16C
Description
Manual from https://magnitone.co.uk/wp-content/uploads/2014/10/
MagnitonePulsarMP009Manual.pdf (last accessed Mar. 13, 2015)

16D
Printout from https://www.magnitone.co.uk/terms-and-conditions/ (last accessed

Mar. 13, 2015)
17A
Printout from http://www.amazon.com/Korean-Beauty-Cleansing-FoundationBatteries/dp/B00HMHI3AS (last accessed Nov. 27, 2014)
17B
Printout from
ht1p://omniko.gobizkorea.com/catalog/mc/down.jsp?fe_path=/att/cat/omniko
/&file_nm=korean+beauty+4d+motion+cleanser.pdf (last accessed Mar. 13, 2015)
18A
Printout from http://www.amazon.com/Micro-Sonic-Care-Brush-
Motion/dp/B00FAX7KXM/ (last accessed Nov. 27, 2014)

18B
Printout from http://h2probeauty]ife.com/05/?page_id=196 (last accessed Mar.

13, 2015)
18C
Printout from http://h2probeautyHfe.com/5th/subpages/00aboutus/aboutus.html

(last accessed Mar. 13, 2015)
19A
Printout from http://www.amazon.com/Sefious-Skincare-Sonic-Clean-
System/dp/B00B91S40W7 (last accessed Nov. 27, 2014)

19B
Printout from http://www.seriousskincare.com/product_p/150571.htm (last

19C
19D
Printout from http://www.seriousskincare.com/product_p/

bbnormalbrushhead2.htm (last accessed Nov. 25, 2014)
Printout from http://wvvAv.seriousskincare.com/prdduct_p/175898.hm'i (last

19E
Printout from http://nvsos.gov/sosentitysearch/CorpDetails.aspx?lx8nvq=

)J01tjaSh0oiEKVRSRMqEA%253d%253d&nt7=0 (last accessed Mar. 13, 2015)
19F
Printout from http://www.bbb.org/losangelessiliconvalley/business-reviews/notelsewhere-classified/serious-skin-care-in-los-angeles-ca-100027036 Oast accessed
Mar. 13, 2015)

20A
20B
Printout from https://www.silkn.com/contacts/ (last accessed Dec. 2. 2014)

Printout from https://www.silkn.com/somc-clean-prus/ (last accessed Nov 27
2014)
20C
Printout from http://www.amazon.com/Silkn-SonicCleanPlus-Cleansmg-Sensitive-
Silicone/dp/B00O84208Y/ (last accessed Nov. 27, 2014)

20D
Printout from https://www.silkn.com/about/ (last accessed Mar. 13, 2015)
-VI-
-'^ff^Wg^l^îll^WSBH
^^wj^^sts^Bis^^^ssswse^
Exhibit No.
Description
20E
Printout from http://centralops.net/co/DomainDossier.aspx for "www.silkn.com"

(last accessed Mar. 16,2015)
21A
Printout from http://www..amazon.com/Cnaier-Electric-Waterproof-Cleansing-
Massager/dp/B00NDW20t4/ dast accessed Jan. 9, 2015)

21B
Printout from http://www,dhgate.com/product/ultrasonic-deansing-instrumentbeauty-mstrument/1990793J77 .html#sl-18-l 13711470265 (last accessed Nov. 29,

2014)
21C
Printout from http://www.chinaaier.com/en/ (last accessed Mar. 13, 2015)
21D
Printout from htto://centealops.net/co/DomainDossier.aspx for j

"www.chinaaier.com" (last fccessed Mar. 16,2015)
22A
Printout from http://www. amazon.com/Coreana-Senite-Motion-C eanserKorean/dp/B00H4HGR0Y (last accessed Nov. 27, 2014)
22B
Printout from http://www. coreana.com/eng/main/main.asp (last accessed Mar,

13,2015)
23A
Printout from http: //tmsealrch.uspto.gov/bin/showfield?f-doc&sfate-
4808:vt8qa9.2.2 for "The Bsauty Buzz" (last accessed Mar. 13, 2015)
23B
Printout from http://nvsos .gov/sosentitysearch/CorpSearch.aspx (last accessed

Mar. 13, 2015)
23C
Printout from http://nvso6 .gov/sosentitysearch/CorpDetails.aspx?lx8nvq-Mkg

8NLTQnMaYsXahC9WBpQ'%253d%253d&nt7=0# (last accessed Mar. 13, 2015)
24
Photographs and Physical Exhibit ofPBL's Clarisonic Plus
25
Photographs and Physical Exhibit ofPBL's Clarisonic Pro
26
Photographs and Physical Exhibit ofPBL's Clarisonic Aria (Mia 3)
27
Claim Charts in Support of: Complaint
27A
Claim Chart Showing Infringement byEpisonic of the '691 Patent
27B
Claim Chart Showing Iafringement by UltraClear of the '691 Patent
27C
Claim Chart Showing Infringement byLemonsonic of the '691 patent
27D
Claim Chart Showing Infringement by Sonidear of the '691 Patent
27E
Claim Chart Showing Infringement byDione of the '691 Patent
27F
Claim Chart Showing Infringement by NutraSonic 4-Speed of the '691 Patent
27G
Claim Chart Showing Infringement by NutraSonic Travel of thfe '691 Patent
27H
Claim Chart Showing Infringement by NuSonic of the '691 Patent

-vli-
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Exhibit No.
Description
271
Claim Chart Showing Infringement byMimian of the '691 Patent
27J
Claim Chart Showing Infringement byMagnitone Pulsar of the '691 Patent
27K
Claim Chart Showing Infringement by Korean Beauty of the '691 Patent
27L
Claim ChartShowing Infringement byEve of the '691 Patent
27M
Claim Chart Showing Infringement by Beauty Buzz of the '691 Patent
27N
Claim ChartShowing Infringement by Silk'n Sonic of the '691 Patent
270
Claim Chart Showing Infringement by CNAIER of the '691 Patent
27P
Claim Chart Showing Infringement by Coreana 4D Motion of the '691 Patent
27Q
Claim Chart Showing Infringement byEpisonic of the '906 Patent
27R
Claim ChartShowing Infringement byUltraclear of the '906 Patent
27S
Claim Chart Showing Infringement byLemonsonic of the '906 Patent
27T
Claim Chart Showing Infringement byDione of the '906 Patent
27U
Claim ChartShowing Infringement byMimian of the '906Patent
27V
Claim Chart Showing Infringement by Coreana 4D Motion of the '906 Patent
27W
Claim Chart Showing Infringement byEpisonic of the D'809 Patent
27X
Claim Chart Showing Infringement by UltraClear of the D'809 Patent
27Y
Claim ChartShowing Infringement byDione of the D'809 Patent
27Z
Claim Chart Showing Infringement by NutraSonic 4-Speed of the D'809 Patent
27AA
Claim ChartShowing Infringement by NuSonic of the D'809 Patent
27BB
Claim Chart Showing Infringement byMagnitone Pulsar of theD'809 Patent
27CC
Claim Chart Showing Infringement by Beauty Buzz of theD'809 Patent
27DD
Domestic industry claim chartfor U.S. PatentNo. 7,320,691
27EE
Domestic industry claim chart for U.S. PatentNo. 7,386,906
27FF
Domestic industry claim chart for U.S. PatentNo. D523,809
27GG
28A
Claim Chart Showing Infringement by CNAIER of the'906 Patent
Technology Agreement between L'Oreal and L'Oreal USA, Inc., dated

January 1, 2012
28B
Amendment Agreement, effective February 15, 2012
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Description
Exhibit No.
29
Clarisonic Technology Agreement between L'Oreal and PBL, dajted

February 15, 2012 '
Dkt. No. 1 - Complaint.
30
Case No. 2:10-cv-00230
31
Case No. 2:10-cv-00230 , Dkt.
32
Case No. 2:10-cv-00230 Dkt. No. 98 - Order on Claim Construction
33
Case No. 2:10-cv-00230, Dkt. No. 228Jury's Verdict Form
34
No. 65 - Amended Complaint
Case No. 2:10-cv-0023Q:, Dkt. No. 257Order GrantingJoint Motion to

f
Modify the Stipulated Permanent Injunction
35
Civil Complaints filed in China
36
Claim Form filed in the
37
Declaration of Robert Hennessy in Support of Complaint
Intellectual Property Enterprise Court J
-IX-
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APPENDICES
As required by 19 C.F.R. 210.12(c), a certified copy ofeach of the prosecution histories ofthe
patents-at-issue, including the references cited therein, is submitted inthe following appendices.
Appendix No.
App. A
App. B
App. C
Description
Certified copy of the file historyof U.S. Patent No. 7,320,691

Certified copy of the file histories of the reexaminations of U.S. Patent No.
7,320,691
Each document of recordin the file history and reexaminations of the '691
patent
App. D
Certified copy of the file history of U.S. Patent No. 7,386,906
App. E
Each document of record in the '906 patent file history
App. F
Certified copy of the file history of U.S. Patent No. D523,809
App. G
Each document of record in the D'809 patent file history
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I.
INTRODUCTION
Complainant Pacific; Bioscience Laboratories,Inc. ("PBL") files this Complaintfor
1.
violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C.
1337 ("Section 337") and
respectfully requests that the United States Ihternational Trade Commission ("ITC") institute an
investigation and grant reliefto remedy the unlawful importation into the United States, the sale for
importation into the United States, and/or
die
sale within the United States after importation, by the

s
owner, importer or consignee of
ic
certain electric
skin care devices, brushes and chargers therefor,
and kits containing same, that infringe PBL United States patents andtrade dress id themanner
described below.
L'Oreal S.A, together with L,'Oreal USA, Inc., ("L'Oreal") is the world's largest
2.
cosmetics and beauty company and,has built an unrivaled portfolio of some of the world's best
i
known brands in the personal care and. related fields, including without limitation, Lpreal Paris,
I
Lancome, Maybelline, Garnier,Kiehl's, SkinCeuticals,La Roche-Posay, Matrix and Yves St. Laurent,
f.
among others. In 2011, L'Oreal acquired PBL further adding value and prestige to fhe L'Oreal
portfolio.
3.
Since the early2000s, PBL has designed, developed, manufactured, marketed, and
soldin the United States (andworldwide) its innovative ClarisonicSonic Skin Cleansing System(the
i
"Clarisonic System"), whichis a line of skin care products thatinclude a number of sonic cleansing
I
devices, brushes and related accessories, the Clarisonic Opal Sonic Infusion System, and targeted
treatment solutions. Examples of Clarisonic products are pictured below:
^^FS^^^^S^^^^BS^^^^^^^^^^^^^^^^^^
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" y*"
4.
The Clarisonic System was developed by PBL over many years and at great expense
and effort, and represents a breakthrough in technology consisting of devices and methods for
treatment of early stage acne and for the effective cleansing of skin. Those devices and methods
employ motion and forces at sonic frequencies to cleanse, soften and smooth skin. They alleviate
clogged pores and remove debris from the skin more gently and effectivdy than other alternatives,
such as manual cleansing. The innovations embodied in the Clarisonic System have been recognized
in the United States (and worldwide), and are protected by numerous United States and foreign
intellectual property rights, including rights deriving from patents, trademarks and trade dress.
5.
As described in more detail below, PBL has invested considerable resources in the
development ofadomestic industry with respect to the Clarisonic System. PBL is headquartered in
Redmond, WA and designs, develops, manufactures, markets, and sells the Clarisonic System from
that location.
6.
Prior to the introduction of the Clarisonic System, there were no sonic facial
cleansing devices on the market. Indeed, before development ofthe Clarisonic System, no market
existed for sonic skin care devices. PBL expended considerable resources to create the sonic skin
care market and to educate the public regarding facial cleansing, as well as to market and sell its
sonic facial cleansing devices.
7.
Since its introduction, the Clarisonic System has become widely acclaimed by
professionals and consumers, and has garnered many media awards from sources such as
*&'-*^%ijF&4*&&& ss>&*' *r^ âjtg^'jgr^gyf*-""v^s^ss^Mâajygî^saa^=ai?g-s>'
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authoritative magazines in the beauty iindustijy, Oprah's Favorite Things in2007 onthe Oprah
i
Winfrey Show, Best of Sephora in 2007 and 2008, and QVC Customer Choice in 2008, 2009 and
2010. The success of the Clarisonic System iias
spurred alarge number ofknock-off products -
those accused herein.
8.
The proposed respondents im this investigation are: (i) Our Family Jewels, Inc.;
I
(ii) Accord Media, LLC; (iii) Xnovi Electronic Co, Ltd.; (iv) Michael Todd True Organics LP and
i
MTTO LLC; (v) Shanghai Anzikang Electric Co, Ltd.; (vi) Nutra-Luxe M.D,LLC; (vii) Beauty
Tech, Inc.; (viii) ANEX Corporation; (ix)RN Ventures Ltd.; (x) Korean Beauty Co, Ltd.; (xi)
H2PRO Beautylife, Inc.; (xii) Serious Skin Care., Inc.; (xiii) Home Skinovations Inc. and Home
Skinovations Ltd.; (xiv) Wenzhou Ai Er: ElecidealTechnology Co, Ltd d/b/a CNAIER; (xv)
Coreana Cosmetics Co, Ltd.; and (xvi) Flagkoli Classic Limited (collectively 'Troposed
Respondents").
9.
The accused products are imported electric skin care devices, brushes and chargers
therefor, and kits containing same, and specjifically indude, but are not limited to:
(i)| afacial
1
cleansing system by Our Family Jewels, Inc. under the name episonic ("Episonic product"); (ii) a
(
facial cleansing system byAccord Media, LtC under the nameultraclear ("UltraClear product"); (iii)
i
a sonic skincleansing system by Xnovi Electronic Co, Ltd. under the name Lemon; ("Lemonsonic
i
product"); (iv) anantimicrobial sonic cleans ing system by Michael Todd True Organics LP and
MTTO LLC under the name soniclear (
Scjniclear product"); (v) an ultrasonic beauty instrument by
Shanghai Anzikang Electric Co, Ltd. undei the name Dione ("Dione product"); (vi) a facial
cleansing system byNutra-Luxe M.D, LLC under the name nutra sonic (professional 4-speed)
j.
("NutraSonic 4-Speed product"); (vii) a fac al deansing system by Nutra-Luxe M.Di, LLC under the
name nutra sonic (companion 2-speed) ( NutraSonic Travel product");
(viii) askin jcleansing system
byBeauty Tech, Inc. d/b/a 5thAvenue Buzz under the name NuSonic ("NuSonic product"); (ix) a
^rjn;w s w * u"^? "- v i i
^^^BTsr^Ti^^^^^^s^" Ki1*?"^*^"^
beauty sonic skin care deanser by ANEX Corporation under the name mimian ("Mimian product");
(x) adaily skin cleansing and toning brush by RN Ventures Ltd. under the name Magnitone Pulsar
("Magnitone Pulsar product"); (xi) afacial cleansing system by Korean Beauty Co, Ltd. under the
name KOREANBEAUTY 4D MOTION ("Korean Beauty product"); (xii) afacial cleansing system
by H2PRO Beautylife, Inc. under the name EVE Micro Sonic Care ("Eve product"); (xiii) an
ultrasonic cleansing system by Serious Skin Care, Inc. / FlageoH Classic Limited under the name the
beauty buzz ("Beauty Buzz product"); (xiv) afacial cleansing system by Home Skinovations Inc. and
Home Skinovations Ltd. under the name Silk'n SonicCleanPlus ("Silk'n Sonic product"); (xv) afacial
cleansing system by Wenzhou Ai ErElectrical Technology Co, Ltd d/b/a CNAIER under the
name CNAIER AE-603 ("CNAIER product"); and (xvi) afacial deansing system by Coreana
Cosmetics Co, Ltd. under the name Coreana 4D Motion Cleanser ("Coreana 4D Motion product")
(collectively "Accused Products").
10.
As addressed herein, Proposed Respondents are engaged inunlawful and unfair acts
ofcompetition in violation of19 U.S.C. 1337(a)(1)(B) by selling within the United States after
importation, selling for importation and/or importing certain dectric skin care devices, brushes and
chargers therefor, and kits containing same, that infringe claims of one or more of the following
United States Letters Patent: (i) U.S. Patent No. 7,320,691 ("the '691 patent"); (ii) U.S. Patent No.
7,386,906 ("the '906 patent"); and (iii) U.S. Design Patent No. D523,809 ("the D'809 patent").
Collectively, these patents are referred to herein as the "Asserted Patents."
11.
An industry exists in the United States relating to the artides protected by the '691,
'906, and D'809 Patents, as required by 19 U.S.C. 1337(a)(2) and (3).

12.
In addition, certain Proposed Respondents' actions are unlawful under the "unfair
methods of competition" provision of 19 U.S.C. 1337(a)(1)(A) because each of their products

infringes PBL's distinctive trade dress (the "Clarisonic Trade Dress").
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13.
Those certain Proposed Respondents' violations of 19U.S.C. 1337(a)(1)(A) have
substantiallyinjured or threaten to cause substantial injury to, and/or destruction of, PBL's related
ing of 19 U.S.C. 1337(a)(1)(A).

industry in the United States,within the: meanin!
14.
The following table
summarizes
the Proposed Respondents, infringing products, and
infringed intellectual property.1

Proposed
Respondent
Our Family
Jewels
Accused'
Product
Episonic
Exhibit
7A
Exhibit
7,386,906'
7,320,691
D523,809
27
A,Q;
Claims 1, 4-6,
12-16, 22, 31,
33,39-41,42,
44-46, 49, 51-
.Trade
Dress'
Claims 1-
2, 4-5, 7-
15
52
Accord
Media
UltraClear
7B
B,R:
Claims 1, 4-6,
12-16,22,31,
33, 39-41, 42,
44-46, 49, 51-
Claims 1-
2, 4-5, 715
52
Xnovi
Lemonsonic
7G
C, 3
'iSn-'
Claims 1, 4-6,
12-16, 22, 31,
33, 39-41,42,
44-46, 49, 51-
it.v
Claims
2, 4-5,
15
52
MTTO
Anzikang
Soniclear
Dione
7D
7E
E,T. Y
Claims 31, 33
39-41
Claims 1, 4-6,
12-16,22,31,
33, 39-41, 42,'
Claims 1-
2, 4-5, 7-
44.46, 49, 51
52
NutraLuxe
NutraLuxe
Beauty
Tech d/b/a
NutraSonic
4-Speed
NutraSonic
Travel
NuSonic
7F
F,Z
7G
7H
H.AA
Claims 31, 3
- -
I?
39-41
**....
Claims 31, 3
-.?.-.-/:
-_
39-41
Claims 31, 3
39-41
5th Avenue
Buzz
1In the table, Exhibit 7 ("Ex. 7") refers to the!Declaration of Lilac Muller and the Exhibit letter
refers to photographs of the respective infringing product. That Declaration is discussed below.
Exhibit 27 refers to claim charts showing the identified patentsinfringed by each respective product
of the identified claims of one or more of die.Asserted Patents and, in three instances, trade dress.
-5-
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Proposed
Respondent
ANEX
Accused;;
Product
Mimia
Exhibit?
71
Exhibit
Z':--27 "'.
I,U
7,320,691
. Claims 1, 4-6,
12-16,22,31,
33, 39-41,42,
44-46, 49, 51-
7,386,906
:Trade
D523,809
Dress
Claims
2>4-5>7- t.'g^kfrx^.
.a
52
RN Ventures
Magnitone
Pulsar
Korean
Korean
Beauty
Beauty
H2Pro
Eve
7J
J,BB
7K
7L
Claims 31, 33,
Care /
Flageoli
Home
Skinovations
CNAIER
Silk'n Sonic
7N
70
M,CC
39-41
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Claims 31, 33, felSÎJ?

39-41
Claims
31, 33, tJr.Tfei ^f^sCy^ "^.^^X
39-
CNAIER
7P
Coreana 4D
Motion
0,GG
Claims 1, 4-6
12-16, 22, 31,
33, 39-41, 42,
44-46, 49, 51-
7M
P,V
Claims 1, 4-6,
12-16, 22, 31,
33, 39-41,42,
44-46,49, 5152
15.
iS
*'""' ^:j-*
**-'::.>./iiSS;,:-..;'1la
J*Sl
52
Coreana
:"
Claim;s 31,33,
j-41
Beauty Buzz
w.3-.."
: -Si.- "
, SSC. . , u In i
Claims 31, 33, & X .S^llf?' jV ^--' '"' " ""^sS--^ "-''
39
Serious Skin
.:,
39-41
5^2ifc___l ';i___^___^
Claims 1- ^^S^m^'h'p^:^
2,4-57-9 h:j^'î^pfes*??
14
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PBL is the exclusive United States licensee ofall substantial rights, including the right
to bring suit ofprotectable patent rights (including the Asserted Patents) as described herein. PBL
also is the owner ofcertain trade dress rights, asserted herein. In view ofthe widespread
infringement by elusive foreign entities, Complainant seeks apermanent general exclusion order to
prohibit anyone from importing, entering and selling within the United States electric skin care
devices, brushes and chargers therefor, and kits containing same that infringe these patents and trade
dress. Complainant also seeks permanent cease and desist orders to halt the marketing, sales and
distribution ofinfringing products in the United States by each and every one ofthe Proposed
Respondents.
'kNtSTSP^^S^HT^^P
4m/k "st&tw*!mmmm
II.
THE PARTIES
A.
The Complainant PBL
16.
PBL (PacificBioscience Laboratories, Inc.) is a Washington corporation
incorporated in January 2001, with its principal-place of business at 17275 NE 67th Court,
Redmond, WA. PBL is in the business o f researching, designing, developing, manufacturing,
marketing, advertising, offering to sell and se.:lling technically advanced skin care products, including
the Clarisonic System.
17.
In 2004, PBL introduced the Clarisonic System and began selling the! Clarisonic (now
|
known as the Clarisonic Classic), the first
sonic
skin care device available on the market, thereby

j-
creating a new market for sonic fadal. deans in;g devices. The Clarisonic System has been and
remains enormously successful. In 2010, PBL was named one of Inc. 500's Fastest Growing Private
Companies.
18.
In December 2011, L'Oreal acquired PBL.
B.
Proposed Respondents
1.
19.
Our Family Jewels
On information and belief,
Respondent Our Family Jewels, Inc., d/ti/a Epipiir
Skincare, ("Our FamilyJewels"),is a corporation organized and existing under thelaws of Oregon
with its principal place of business at 10226 S. Dransfeldt Road, Parker, CO 80134.
20.
Our Family Jewels manufactures, markets, and sells

i
electric skin care devices, brushes and char ers therefor, and kits containing same as the Episonic
I
products. See Exhibits 8A-8C. The packag: ng for the Episonic product directs consumers to
"epipurskincare.com." See Exhibit7A2.
The
domain dossier for that website lists tie owner of the
website as Our Family Jewels. See Exhibit $D. Additionally, "Our Family Jewels Inc." is listed as
i.
the owner of the "Episonic" trademark. S Exhibit 8A.
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21.
Oninformation and belief, the Episonic products are manufactured in China and are
imported into and sold in the United States. For example, components of tiie Episonic products
bear the label "Made in China." See Paragraph 7 and Exhibit 7A2 to the Declaration ofLilac Muller
in Support of Complaint ("Muller Deck"), attached hereto as Exhibit 7.
22.
Oninformation and belief, the Episonic products are available and sold in the
United States through OurFamilyJewels' website,
htttp://www.epipurskmcare.com/products/episomc-fadal-cleansmg-system.html, and at least

through Amazon.com, http://www.amazon.com/Episonic-Facial-Cleansing-BrushSystem/dp/BOOFWZRCGS/. See Exhibits 8B-8C.
23.
Accordingly, Our FamilyJewels is responsible for importing into the United States,
selling for importation into the United States, and/or selling within the United States after
importation the Episonic products.
24.
As set forth below in Paragraphs 169,187, 196, and 203-206, Our FamilyJewels'
Episonic products infringe the '691 Patent, the '906 patent, the D'809 patent, and the Clarisonic
Trade Dress.
2.
25.
Accord Media
On information and belief, Respondent Accord Media, LLC, d/b/a Truth in Aging,
("Accord Media") is alimited liability company organized and existing under the laws ofNew York
with its principal place, ofbusiness at 241 West 36th Street, Apt. 16, New York, NY 10018.
26.
On information and belief, Accord Media manufactures, markets, and sells electric
skin care devices, brushes and chargers therefor, and kits containing same as the UltraClear
products. See Exhibits 9A-9B. The packaging for the UltraClear products explains that it is made by
"Truth in Aging." See Exhibit 7B2. The "Terms ofUse" page of the Truth in Aging website lists
"Accord Media, LLC" as the actual company. See Exhibit 9A. Additionally, the "About Truth in
"'
J " """"-"
"'"*
*''^'*S9^^^'i^*^^^
Aging" page explains that the owner "founded Accord Media in 2008 to publish Truth In Aging.':
See Exhibit 9E.
On information and belief, tike UltraClear
27.
products are manufactured in China and

i
are imported into and sold in the United Sta:es. For example,-components of the UltraClear
products bearthe label "Made in China." Set Muller Deck (Exhibit7), paragraph 10 and Exhibit
7B2.
On information and belief, die UltraClear products are available and soldin the
28.
United States through Accord Media's web:s:.te,, http:/ /www.truthinaging.com/ultra-clear-
replacement-brush-heads, and were, in the recent past, available and sold in the United States at least
l
through Amazon.com, http://www.amazon com/Ultra-Clear-Facial-Cleansing-
System/dp/B00DMHKG2K/. See Exhibits. 9C-9D.
29.
Accordingly, Accord Media is responsible forimporting into the United States,
selling for importationinto the United States and/or selling within the United States after
importationthe UltraClear products.
30.
As set forth below in ParagTXphs 170,188,197, and203-206, Accord Media's
UltraClear products infringe the '691 Patent, the '906 patent, the D'809 patent, andthe Clarisonic
Trade Dress.
3.
31.
Xnovi
Respondent Xnovi is a corporation organized and
existing under the laws of China with its prificl]ipal place of business at Room 915, GuanLiDa
Mansion, Qianjin 1st Road, Zone 30 Bao.'An.., Shenzhen, China.
32.
On information and belief, Xnovi manufactures, markets, and sells electric skin care
. I
devices, brushes and chargers therefor, and kits containing same as the Lemonsonic! products. See
Exhibits 7C2 and 10A. The package labeliii.g for theLemonsonic product lists the name "XNOVI
-9-
"'"J." $' '& ""*"" '*5!{5i"fjfJ''" J-"S
JB^T^r^l^^'1''^^^^' M'^'l"^1"
Electronic Co, Ltd." having an address of "Rm 915 Guanlida Mansion (Nonle Plaza), [QJianjin the
IRoad 30Area of BaoAnShenzhen, China." See Exhibit 7C2.
33.
Oninformation and belief, the Lemonsonic products are manufactured in China and
are imported into and sold inthe United States; For example, components ofthe Lemonsonic
product bear the label "Made in China." See Muller Decl. (Exhibit 7), paragraph 14 and Exhibit
7C2.
34.
Oninformation and belief, theLemonsonic products are available and sold in the
United States, at least through Amazon.com,
http://www.amazon.com/gp/product/B00DCMDYK6/and http://www.amazon.com/LemonSonic-Cleansing-System-Replacement/dp/B00I505TPI/. Êxhibits 10A-10B.
35.
Accordingly, Xnovi is responsible for importing into the United States, selling for
importation into the United States, and/or selling within the United States after importation the
Lemonsonic products.
36.
As set forth below in Paragraphs 171 and 189, Xnovi's Lemonsonic products
infringe the '691 Patent and the '906 patent.

4.
37.
MTTO LP and MTTO LLC
On information and belief, Respondent Michael Todd True Organics LP ("MTTO
LP") is alimited partnership organized and existing under the laws ofDelaware with its principal
place ofbusiness at 648 SW Port St. Lucie Blvd., Port St. Lucie, FL 34953-1947.
38.
On information and belief, Respondent MTTO LLC is, alimited liability company
organized and existing-under the laws ofDelaware with its principal place ofbusiness at 648 SW
Port St. Lucie Blvd., Port St. Lude, FL 34953-1947. On information and belief, MTTO LLC is a
general partner of MTTO LP.
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HI..CTIMI BUI.JJJIIIII.I1MIII.IIU1.ILH
III
39.
On information and belief, MTTO LP and MTTO
LLC (collectively, f'MTTO")
t
manufacture, market and sell electric skin care devices, brushes and chargers therefor*, and kits
containing same as the Soniclear products,
See'.Exhibit
11A. The packagelabeling for the Soniclear
products refers to "MichaelTodd true org;amcs Port SfLucie, FL 34953 USA" and directs
rmcHaeltoddtmeorganics.com. See Exhibit 7D2. A search

consumers of the Soniclear products to mi
of the Florida Department of State Division of Corporations yields two entities relatedto MTTO
i
with address in Port St. Lucie, FL 34953, USA,, J><? Exhibits UC-llD. On information and belief,
j
the Soniclear products are manufactured in c:hina and are imported into and sold in the United
States. For example, components of the Soiiiclear products bear the label "Madein China." See
Muller Ded. (Exhibit 7), paragraph 18 and Exhibit 7D2.
t
I
40.
On information and belief, the!Soniclear products
are available and sold through

i
MTTO's own website, http://www.:.michaell|oddusa.com/somclear-antimicrobial-cleansing-
j
system/soniclear.html, and at least through Amazon.com, http://www.amazon.com/SoniclearAnti-microbial-Skin-Cleansing-System,,/dp/BOOMNNGRLI/. JVeExhibits HA-llB^
41.
As set forth belowin Paragra1]ph 172, MTTO's Soniclear productinfringes the '691
Patent.
5.
42.
Anzikang
On information and bekef.
Respondent Shanghai Anzikang Electric Co, Ltd.

i
("Anzikang") is a corporation organized and existing under the laws of China withits principal place
of business at 168 Ji Xin Road, Building 3,3lloom 401, Minhang District, Shanghai, China. On
information and belief, Anzikang also has a production address in Sanmen Bay Economic
i
Development Zone, Ninghai, Ningbo, Zhej:.ang, China.
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nrT=-|7Sr-TBi^-WWT7^KT^rr
43.
On information and belief, Anzikangmanufactures, markets, and sells electric skin
care devices, brushes and chargers therefor, and kits containing same as the Dione products. See
Muller Deck (Exhibit 7), Exhibits 7E1-7E2. The manual for the Dioneproduct lists, in Chinese:
See Exhibit 7E2. A translation of this Msting as assisted by Google Translate

(http://translate.google.com):
ShanghaiAnzi Kang Electric Co, Ltd.
Production Address:
Ningbo Ninghai Sanmen Bay Economic Development Zone

Sales Address:
Shanghai Minhang Qu,Ji Xin Road, No. 168 Building 3, Room 401
44.
Based on the package labeling, the Dione product is manufactured in China and is
imported into and sold inthe United States. For example, the packaging for the Dione product
bears a multitude of Chinese characters and a Sales and Production Address in China. See Muller
Deck (Exhibit 7),paragraph 22 and Exhibit 7E2.
45.
On information and belief, the Dione productis available and sold in the United
States at least through the internet, http://acne.center/anzikang-electric-facial-body-brush-spacleaning-system-electric-waterproof-gift-packing-pink/, and through Amazon.com. See Exhibit 12;
Muller Deck (Exhibit 7), Exhibit 7E1.
46.
As set forth below inParagraphs 173, 190, 198 and 203-206, theDione product
infringes the '691 Patent, the '906 patent theD'809 patent, and the Clarisonic Trade Dress. -
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6.
47.
NutraLuxe
On information and bekef, Res pondent Nutra-Luxe M.D, LLC
("NutraLuxe") is a
limited kability company organized and existimg under the laws of Florida with its principal place of
business at 6835 International Center Blvd.
48.
tyoit 5,Fort Myers, FL33912.
On information and belief, Nutr:aLuxe manufactures, markets, and sells electric skin
t
care devices, brushes and chargers therefor, andkits containing same as the NutraSonic 4-Speed
(:
products and the NutraSonic Travel prodluci:s See Exhibits 13A-13C. The package labeHng for the
I
NutraSonic 4-Speed product andNutraSonib Travel product state that the products are offered by
"Nutra Luxe MD." See Exhibits 7F2 and 7G2 .
The bottom-of the back of the package labeling for
the NutraSonic Travelproduct further lists In address of "6835 International Center Boulevard,
Unit 5, Fort Myers, FL 33912." See Exhibit 7G2. A search of the Florida Department of State
Division of Corporations yields the details for "Nutra-Luxe M.D, LLC" with address in Fort Myers,
FL 33912, USA. SeeExhibit 13D.
49.
On information and bekef, at least the brushheads and chargers for the NutraSonic
4-Speed product andNutraSonic Travel product are manufactured in China and are:imported into
and sold in the United States. For example.^components of theNutraSonic products bear the label
"Made in China." See Muller Deck (Exhibit 7), paragraphs 26 and 30, Exhibits 7F2 ajnd 7G2.
50.
On information and bekef,
NutraSonic 4-Speed and NutraSonic Travel products are
available and sold in the United States at le; st through Amazon.com,
http:/ /www.amazon.com/Nutra-Sonic -1020 Professional-Cleansing/dp/B002RZKFAQ/,

1
http:/ /www.amazon.com/Nutra-Sonic-Essential- PE8008P-Cleansing/dp/B0051CJGFHK/ and

http://www.amazon.com/Nutra-Sonio 0046 Companion-Professional/dp/B004UpTVG6/. See
Exhibits 13B-13C.
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51.
As set forth below in Paragraphs 174 and 199, NutraSonic 4-Speed products infringe
the '691 Patent and theD'809 patent.
52.
As set forth below in Paragraph 175, NutraSonic Travel products infringe the '691
Patent.
7.
53.
Beauty Tech, Inc. d/b/a 5th Avenue Buzz
On information and bekef, Respondent Beauty Tech, Inc. d/b/a 5th Avenue Buzz
("5th Avenue Buzz") is acorporation organized and existing under the laws ofFlorida with its
principal place ofbusiness at1430 S. Dixie Hwy, Ste. 321, Coral Gables, FL 33146-3175. On
information and belief, 5th Avenue Buzz also has aplace ofbusiness at 20241 NE 16th Place,
Miami, FL 33179.
54.
On information and bekef, 5th Avenue Buzz manufactures, markets, and sells
electric skin care devices, brushes and chargers therefor, and kits containing same as the NuSonic
products. See Exhibit 14A. The base ofthe charging station Hsts "Bauty [sic] Tech, Inc. USA.
www.beautytec.com." See Exhibit 7H2. The bottom of the website for 5th Avenue Buzz also
identifies "Beautytech, Inc." as the copyright owner. See Exhibit 14A. The Florida Department of
State Division ofCorporations Hsts "1430 SDixie Hwy Ste 321, Coral Gables, FL 33146" as the
address for Beautytech, Inc. See Exhibit 14C.
55. Qninformation and bekef, the NuSonic products are manufactured in China and are
imported into and sold in the United States. For example, components ofthe NuSonic products
bear the labd "Made in China." See Muller Deck (Exhibit 7), paragraph 34 and Exhibit 7H2.
56.
Oninformation and bekef, the NuSonic products are available and sold in the
United States atleast through the 5thAvenue Buzz website,
htto://www.5thavenuebuzz.com/shop/devices/test-hgv.html, and through Amazon.com,
-14-
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http://www.amazon.com/SONIC-CLEANÎNG-SYSTEM-5th-Avenue/dp/B00J7p9ZVE. J
Exhibits 14A-14B.
57.
As set forth below inParagraphs 176 and 200, the NuSonic products :infringe the
'691 Patent and the D'809 patent.

8.
58.
ANEX Corp.
On information and bekef, Respondent ANEX Corporation
("ANEX") is a
i
corporation organized and existing under the laws of Korea with its principal place of business at C304 SeoulHightech Venture Center, 647-26 Deungchon-dong, Gangseo-ku, Seoul, 1(57-030, Korea,
On information and bekef, ANEX also has
place of business at #304-705 Bucheon Techno Park,
345 Seokcheon-ro, Ojeong-gu, Bucheon CiJ: Gyenggi-do 421-741,Korea.

59.
On information and bekef, ANEX manufactures, markets, and seks dectric skin care
I
devices, brushes and chargers therefor, and Irits containing same as the Mimian products. See
Exhibits 15A, 15D. The ANEX website (in Engksh) ksts an address of #304-705 Bucheon Techno
Park, 345 Seokcheon-ro, Ojeong-gu,, Bucheon City, Gyenggi-do 421-741, Korea. See Exhibit15C.
The ANEX website (inJapanese) ksts an address of C-304 Seoul Hightech Venture Center, 647-26
Deungchon-dong, Gangseo-ku, Seoul, 157-1-030.I, Korea. i> Exhibit 15E. A brochure for the
Mimian products ksts "Anex Corporation with address at "C-304 Seoul Hightech Venture Center,
647-26 Deungchon-dong, Gangseo-ku, Seoul, 157-030, Korea." Êxhibit 15A at 16.
60.
Based on package labekng, t i e .Mimian products are manufactured iti Korea and are
imported into and sold in the United States, For example, components of the Mimian products bear
I
the label "Made in Korea." See Muller Decl
61.
(Exhibit 7), paragraph 38 and Exhibit712.
On information and bekef, the Mimian products are available and so d in the United
States at leastthroughAmazon.com, http:/ /www.amazon.com/Mimian-Beauty-Portable-Cleanser

Facial/dp/B00JSQ5ZG6/. See Exhibit 15E:
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- ^-aaw'i y ^'t-ijf'T^*
l^ypi^^,^,^^^^
62.
As set forth below in Paragraphs 177 and 191, the Mimian products infringe the '691
Patent and the '906 patent.

9.
63.
RN Ventures Ltd.
Oninformation and bekef, Respondent RN Ventures Ltd. ("RN Ventures") is a
corporation organized and existing under the laws ofUnited Kingdom with its prindpal place of
business atFrancis House, 10 Francis Street, London SW1P IDE, United Kingdom.
64.
On information and bekef, RN Ventures manufactures, markets, and seks electric
skin care devices, brushes and chargers therefor, and kits containing same as the Magnitone Pulsar
products. See MuUer Deck (Exhibit 7), Exhibit 7J2. On the base ofthe charging station, "RN
Ventures Ltd London SW11" is printed. See Exhibit 7J2. Additionauy, the brochure for the
Magnitone Pulsar products states that "Magnitone is a trading brand name owned by: RNVentures
Ltd. London, SW11." See Exhibit 16C at 10. TheMagnitone terms and conditions website ksts
"Francis House, 10 Francis St, London SW1P IDE" as the address for R N Ventures Ltd. See
Exhibit 16D.
65.
On information and bekef, the Magnitone Pulsar products are manufactured in
China, distributed from United'Kingdom, and are imported into and sold in the United States. For
example, components of the Magnitone Pulsar products bear the label "Made in China." See Muller
Deck (Exhibit 7), paragraph 42 and Exhibit 7J2.
66.
'
On information and bekef, the Magnitone Pulsar products are available and sold in
the United States at least through the Magnitone website,
https://magnitone.co.uk/shop/magnitone-pulsar/, and other websites, such as
http://www.lookfantastic.com/magmtone-pulsar-daky-skin-cleansing-toning-and-exfokation-brushfor-face-and-body/10858382.html. Êxhibits 16A-16B.
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67.
As set forth belowin Paragraphs 178 and 201, the Magnitone'Pulsar products
infringe the '691 Patent and the D'809 patent,

10.
68.
Korean Beauty
On information and bekef, Respondent Korean Beauty Co, Ltd. ("Korean Beauty"
is a corporation organizedand existing under the laws of Korea with its principal place of business
at 10 F, Pluszone Bldg 700, Deungchon-Dong, Gangseo-Gu, Seoul, Korea.
69.
skin care devices, brushes and chargers
I<ôrean Beauty manufactures, markets, arid seks electric
therefor,,
f
and kits containing same as the Korean
Beauty
products. See Exhibits 17A and 7K2. The packaging is labeled throughoutas "Korean Beauty." See
Exhibit 7K2. A brochure for the Korean Beau,ty
products, whichcorresponds to the company logo
and product image, ksts the company and address :as "Korean Beauty Co, Ltd" and "10F, Pluszone
t
Bldg 700, Deungchon-Dong, Gangseo-Gu, Seoul, Korea." See Exhibit 17B.
i
i
i
70.
Korean Beauty products are manufactured in Korea,
tie.
and are imported into and sold in the United States. For example, components of the Korean
Beautyproducts bear the labd "Made in Kcjrea." See Muker Deck (Exhibit 7), paragraph 46 and
Exhibit 7K2.
71.
On information and bekef, die Korean Beautyproducts are available, and sold in the
. j
United States at least through Amazon.com, http://www.amazon.cdm/Korean-Beauty-Cleansing-
Foundation-Batteries/dp/B00HMHI3AS. See Exhibit 17A.

72.
As set forth below in Parage iph 179, the KoreanBeauty products infringe the '691
Patent.
11.
73.
H2Pro
On information and bekef, Respondent H2Pro
BeautyLife, Inc. ("H2Pro") is a
corporation organized and existing under tfc.e laws of Cakfornia withits principal plaice of business at
-17-
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"T^7>^^^~qZF>8^^
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1043 Segovia Or, Placentia, CA 92870. Oninformation and bekef, H2Pro has a place ofbusiness
also at 4319 Regency Drive, Glenview, IL 60025.
74.
On information and bekef, H2Pro manufactures, markets, and seks electric skin care
devices, brushes and ;chargers therefor, and kits containing same as the Eve products. See
Exhibits 18A and 7L2. The packaging for the "Eve" products states the product is distributed by
"H2Pro" and ksts awebsite of"www.h2probeautykfe.com." See Exhibit 7L2. The H2Pro Beauty
Life website ksts an address of 1043 Segovia Or, Placentia, CA 92870. See Exhibit 18B. On a
different "About us" page, the H2Pro Beauty Life website ksts a different address, namely, 4319
Regency Drive, Glenview, IL 60025. See Exhibit 18C.
75.
On information and bekef, the Eve products aremanufactured in Korea, and are
imported into and sold inthe United States. For example, components ofthe Eve products bear
the label "Made inKorea." See Muker Deck (Exhibit 7), paragraph 50 and Exhibit 7L2.
76.
On information and bekef, the Eve products are available and soldin the United
States at least through Amazon.com, http://www.amazon.com/Micro-Sonic-Care-BrushMotion/dp/B00FAX7KXM/. X Exhibit 18A.
77.
As set forth below in Paragraph 180, the Eve products infringe the '691 Patent.
12.
78.
Serious Skin Care
On information and bekef, Respondent Serious Skin Care, Inc. ("Serious Skin Care")
is a corporation organized and existing under the laws ofNevada with its principal place ofbusiness
at 112 N. Curry St, Carson City, NV 89703-4934. On information and bekef, Serious Skin Care
also has a location at 11845 W. Olympic Blvd. Ste. 780, Los Angeles, CA 90064-6000.
79.
On information and bekef, Serious Skin Care manufactures, markets, and seks
electric skin care devices, brushes and chargers therefor, and kits containing same as the Beauty
Buzz products. See Exhibit 19B. The Beauty Buzz products are sold from the Serious Skin Care
-18-
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^^^^4^Jk>mQK-x*m<rG.
website. JW Exhibit 19B. The Nevada Secretary
NV 89703-4934" as the address for Serious
of State ksts "112 North Curry Street, Carson City,
$kin Care, Inc. See Exhibit 19E. BBB Business Review
also ksts a California address for Seriousi Skin Care. See Exhibit 19F.
80.
On information and bekef. the Beauty Buzz products
are manufactured in China,

I
and are imported into and sold in the United, States. For example,components of the Beauty Buzz
products bearthe label "Made in China." See Muller Deck (Exhibit 7), paragraph 58 and Exhibit
7N2.
81.
On information and bekef. E
eauty Buzz products are avakable and soldin the

l
United States at least through Amazon.com, http://www.amazon.com/Serious-Skinfcare-Sonic-
Clean-System/dp/B00B91S40W/, and throjigh the Serious Skin Care website,
'
http://www.seriousskincare.com/product. .p/15057l.htm. Êxhibits 19A-19B. J

i-
82.
As set forth below in Paragr
phs 181 and 202, Beauty Buzz productsjinfringe the
'691 Patent and the D'809 Patent.
13.
83.
Flageoli
On information and bekef. Res pondent Flageok
Classic Limited ("Flageok") is a
corporation organized and existing under the laws of Nevada with its principalplace; of business at
7310 Smoke Ranch Road, Las Vegas, NV
84. -
89128.
geokalso
On information and bekef, Flag
manufacture's, markets, andiseks the Beauty
Buzz products identified in paragraphs 79- 82 above. The packaging of the Beauty Buzz product
i,
ksts "Flageok Ltd." as the distributor. See EJxhibit 7N2.
It appears that Flageok Ltd! attempted to
register "The Beauty Buzz" trademark, but .ater abandoned the appkcation. See Exhibit 23A.
However, there is no record of a "Flageok vtd." in the Nevada Secretary of State Business Search.
See Exhibit 23B. The business entity record for Flageok Classic Limited ksts an addiress of "7310
j
Smoke Ranch Road, Las Vegas, NV 89128. ' See Exhibit 23C. .
-19-
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T'"
>v*w *TWW '">-<v '-VWHF
85.
12.
On information and bekef, Serious Skin Care and Flageok manufacture,
market, offer to sek, and sek theBeauty Buzz, where Serious Skin Care atleast markets and offers to
' sek the product via its website and Flageok at least seks and distributes the product to end
purchasers.
86.
On information and bekef, the Beauty Buzz product is manufactured in China, and is
imported into and sold in the United States. For example, components of the Beauty Buzz product
bear the label "Made inChina." See Muker Deck (Exhibit 7), paragraph 58 and Exhibit 7N2.
87.
Oninformation and bekef, the Beauty Buzz product is available and sold in the
United States atleast through Amazon.com, http://www.amazon.com/Serious-Skincare-Sonic-
Clean-System/dp/B00B91S40W/, and through the Serious Skin Care website,

http://www.seriousskincare.com/product_p/150571.htm. See Exhibits 19A-19B.
88.
As set forth below in Paragraphs 181 and 202, the Beauty Buzz product infringes the
'691 Patent and the D'809 Patent.

14.
89.
Home Skinovations
On information and bekef, Respondent Home Skinovations Inc. is acorporation
organized and existing under the laws ofCanada with its principal place ofbusiness at 100 Leek
Crescent Unit 15, Richmond Hik, ON L4B 3E6, Canada.
90.
On information and bekef, Respondent Home Skinovations Ltd. (cokectively with
Home Skinovations Inc., "Home Skinovations") is acorporation organized and existing under the
laws ofIsrael with its principal place ofbusiness at Tavor Bukding, Shaar Yokneam, Yokneam
20692, Israel.
91.
On information and bekef, Home Skinovations manufactures, markets, and seks
electric skin care devices, brushes and chargers therefor, and kits containing same as the Silk'n Sonic
products. See Exhibits 20A-20B. The Skk'n Sonic products are sold from the website
-20-
*"""""""*
-~.-^~-^m,,..
"-'"'-W.^*ww.^..w^^^
htttps://www.skkn.com/sonic-clean-plus/.
See Exhibit 20B. On its website under "Contact Us,"
the North American office is ksted as "Homfe Skinovations Inc. 100 Leek Crescent Unit 15,
Richmond Hik, ON L4B 3E6, Canada." See Exhibit 20A. The headquarters is ksted on the website
as "Home Skinovations Ltd, Tavor Bukding|., Shaar Yokneam, POB 533 Yokneam 20692, Israel."
ff
See Exhibit 20D. Additionally, www.silkn. com is registered to "Home Skinovations Ltd." at the
I
t
I-
same address.
92.
On information and bekef, the Skk'n Sonic products are made in Chiha, distributed
from Canada, and- are imported into and sold in the United States. See Exhibits 20A-J20C. For
}
example, the packagingof the Skk'n Sonic p: oducts bears the label "Made in China.") SeeMuker
Deck (Exhibit 7), paragraph 62 and Exhibit 702.

93.
die Silk'n Sonic products are available and sold in the
United States at least through the Silk'n Sonic website, https://www.skkn.cotn/sonic-clean-plus/,

and Amazon.com, http://www.amazon.com,/Silkn-SonicCleanPlus-Cleansing-SensitiveSikcone/dp/B00O84208Y/. See Exhibits 20T3-20C.
94.
As set forth below in Paragr; ph 182, the Skk'nSonic products infringe the '691
Patent.
15.
95.
CNAIER
On information and bekef, Respondent Wenzhou Ai'Er Electrical Technology Co,

1
Ltd d/b/a CNAIER ("CNAIER") is a co:rppration organized and existing under thedaws of China
XkS ong Road, WanQuanTown,PingYang, Zhejiang,
with its principal place of business at 1#, Xi
China.
96.
CNAIERmanufactures, markets, and sells electric skin

f
care devices, brushes and chargers therefor, and kits containing same as the CNAIER products. See
I
i
Exhibits 21A-21B. The CNAIER products are sold on its website www.chinaaier.cqm/en/. See
-21-
Exhibit 21C. Thewebsite for CNAIER ksts the address in Zhejiang, China and identifies the
company as WenzhouAi Er Electrical Technology Co, Ltd. See Exhibit 21C. That address is also
confirmed as the location of the domain owner for www.chinaaier.com. See Exhibit 21D.
97.
On information and bekef, the'CNAIERproducts are manufactured in China and
are imported into and sold in the United States. See Exhibit 21B. For example, the packaging ofthe
CNAIER products bears the label "Made inChina." See Muker Deck (Exhibit 7), paragraph 66 and
Exhibit 7P2.
98.
On information and bekef, the CNAIER products areavakable and sold in the
United States through at least Amazon.com, http://www.amazon.com/Cnaier-Electric-WaterproofCleansing-Massager/dp/B00NDW20V4/, and other websites
http://www.dhgate.com/product/ulttasonic-cleansing-mstrument-beautyinstrument/199079377.html#sl-18-l 13711470265. See Exhibits 21A-21B.
99.
Accordingly, CNAIER is responsible for importing into the United States, selling for
importation into the United States, and/or selling within the United States after importation the
CNAIER products.
100.
As set forth below in Paragraphs 183 and 192, the CNAIER products infringe the
'691 Patent and the '906 Patent.

16.
101.
Coreana
On information and bekef, Respondent Coreana Cosmetics Co,Ltd. ("Coreana") is
a corporation organized and existing under the laws ofKorea with its principal place ofbusiness at
204-1 Jeongchon-ri, Seonggeo-eup, Seobuk-gu, Cheonan-si, Chungcheongnam-do, Korea.

102.
On information and bekef, Coreana manufactures, markets, and seks electric skin
care devices, brushes and chargers therefor, and kits containing same as the Coreana 4D Motion
products. See Exhibits 7M1 and 7M2. The packaging for the Coreana 4D Motion product directs
-22-
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û^^^gtppw^y iâw-
1VUiW. -~r -^ ~ .-.-f ^-^^-^w^-hw^m mwnJiii***TV^sJU> "^JS^ W" l^fe^^^W^M^^^î^^W'^^*m
consumers to "coreana.com." See Exhibit 7M2. Coreana's address is ksted at the bottom of the
Coreana website. See Exhibit 22B.
103.
tiie Coreana 4D Motion product is manufactured in
Korea, and is imported into and soldin the United States. For example, components of the
Coreana 4D Motion product bear the label' Made in Korea." See Muker Deck (Exhibit 7), paragraph
54 and Exhibit 7M2.
104.
On information and bekef, tiie Coreana 4D Motion product is avakable and sold in
t
1
?
the United States at least through Amazon. cpm, http://www.amazon.com/Coreana-Senite-Motion-
Cleanser-Korean/dp/B00H4HGR0Y. See Bxhibit 22A.

105.
As set forth below in Paragr
phs 184 and 193, the Coreana 4D Motion product
infringes the '691 Patent and '906 Patent.

III.
THE TECHNOLOGY AND PRODUCTS.AT ISSUE
A.
D es cription of the:Technology at Issue
j
i
106.
The technology at issue in this investigation relates to certain electric; skin care
devices for treatment of acne and for treatment
and/or cleansing of the skin, along with the brushes

\
or brushheads, and chargers for the devices, The devices are hand-held and designejd to place its,
brushhead in contact with a user's skin, so
and cleanse the skin. For example, pores
that
can
the brushhead moves in amanner toj unclog pores
be unclogged when relative movement between
portions of the brushhead in contact with s]dn creates alternating tension and compression of the
1
skin. This tension and compression must be controked (for example, by frequency and ampktude)
such that it causes,deskable forces on the, sldn without
stretching or otherwise damaging the skin.
B.
Background Information on the Products and Processes at Issue
107.
In the early 2000s, PBL sou.ght to find a better solution for the treatment and
1
prevention of early stage acnein particular, by targeting what are known as sebaceous plugs (also
-23-
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-^^TT^JtrBTTTi "rav^T
caked sebum plugs or microcomedones), which are formed when naturaky occurring sebum and
other debris dogs skin pores.
108.
Acne occurs whenskin pores (hair
1F1G.2 "
folkcles) are blocked by debris, including "sebum,"
205
which is a substance naturaky occurring on the skin.

203
As ikustrated byFIG. 2 of the '691 Patent (shown
right), the debris blocking the folkcle becomes a closely packed formation known as a sebaceous
plug 215 (also known as asebum plug, or microcomedone), which represents the early stage of acne.
The plug creates an anaerobic (without oxygen) state, permitting bacteria to multiply much faster
than normal, which may eventually cause inflammation that manifests in apimple.
1.
109.
Conventional Treatment of Acne
Prior toPBL's patented inventions, the treatment and prevention ofacne was
primarily limited to oral or topical medications, such as antibiotics, retinoids, or hormonal

treatments, with significant side effects. In studying the causes of acne, theinventors reakzed that a
new approach to reducing visible acnelesions couldbe to minimize the occurrence of sebaceous
plugs. In other words, treating early stage acne by, for example, removing the sebum plugs, was a
key to reducing the more serious effects oflater stage acne.
2.
The Innovative Clarisonic System
110. .In pursuing thek objectives, the inventors focused on designing an electronic
consumer product to loosen, remove and prevent the occurrence ofsebaceous plugs. After trying a
variety of approaches, the inventors discovered that applying bi-directional motion to the skin at
sonic frequencies would repetitively stretch, squeeze and relax the skin within its elastic limits,
thereby avoiding any damage to the skin, with the added benefit of cleansing. When that frequency
is appked to skin containing sebaceous plugs, ifloosens the adhesion of those plugs to the pore
-24-
%33pP%gg^&g^^
f^^^S^^^m^^^^m
waks. An example of such a bi-directional motion is shown

in FIGS. 9A-9D of the '691 Patent (shown right), which
illustrate sebaceous plug 79 being loosened from pore 78.
FIG.9B
Once loosened, the plugs canbe readily removed from the
skin, returning the pore to its open, aerobic state, thereby

preventing the progression of acne.
111.
PBL created an electric skin :are device (and
assodated brushhead and charger)now known as the
Clarisonic Classic (illustrated here) that put theinnovation
of sonic facial cleansing into practice. The Clarisonic Classic

FIG.9D
and other electric skin care devices sold under the Clarisonic
name and that make up the Clarisonic System went on to achieve enormous commercial success in a
market that would not have existed but for PBL'sinnovations and investments. Moreover, the
Clarisonic System remains today avery popular and successful product line.
112.
Prior to the introduction of the Clarisonic System, therewere no sonic facial

. . .
cleansing devices on the market. Inaddition to its extensive
'
expenditures onlaboratory and clinical testing and design
optimizationto create a compelling product that gained

credibility among consumersPBL expended significant
resources in educating the pubkcregarding;facial cleansing and
i\t j,
V i . IV.
in marketing sonic facial cleansing devices,
Without those
investments, the market for sonic skin care: devices kkelywould not exist.
113.
Launched in 2004, PBL's ehcttic skin care device product kne currentiy includes,
i
inter alia, aone-speed travel-size model called the Clarisonic Mia 1(also known as Mia); atwo-speed
-25-
Twr*r*?gwr^?rm
wf-ara^;-K^TifFr~"e""*SBt'1' "'i^ws^wiig iJM&.V'JaS""*
îBW"f ."..î^"f$r^r ^jBWtfS!(3JtK?
travel-size model caked the Clarisonic Mia 2; athree-speed modd caked the Clarisonic Mia 3(also
known as Aria); an enhanced three-speed face and body model caked the Clarisonic Plus; afour-
speed professional model, the Clarisonic Pro, distributed exclusively by skin care professionals; and
a four-speed model with smart technology, the Clarisonic Smart Profile.
114. True and accurate images of the individual modds in this product line are displayed
below:
t *
*>*
V
Clarisonic Mia 1
Clarisonic Mia 3 (Aria)
Clarisonic Mia 2
Clarisonic Pro
115.
Clarisonic Plus
Clarisonic Smart Profile
These devices, along with the remainder of the Clarisonic System, are widely
avakable nationwide at prestigious retakers including Sephora, Nordstrom, Macy's, Saks Fifth
Avenue, Ulta, Beauty.com and SkinStore.com, as wek as through dermatologists, cosmetic surgeons
and spas. Clarisonic System products are also advertised and sold on the QVC television network
-26-
^f^.>iy4i^^B^^?i
*w^***^**Li$8Qg&ii$liim
sites. The Accused Products are also sold in some

and are avakable onkne at a number of different
di
[
ovedapping distribution channels, such as retakers kke Macy's and internet retailers like Amazon,
116.
The Clarisonic System has b e e n :an enormous success, achieving unparakeled
national recognition and awards.

IV.
THE PATENTS-IN-SUIT
117.
PBL's breakthrough technolîgywith the Clarisonic System enjoys significant

f
intekectual property protection, including at least 23 issued United States patents and 28 issued
i
i
foreign patents. Each of the Asserted Patents described below is, to the best of Complainant's
knowledge, informationand bekef, directly la fringed by atleast one of the Accused Products.
118.
The inventions embodied in
the Asserted Patents were developed at considerable

I
effort and expense using PBL's resources
and
personnel within the United States. Each Asserted
Patent was issued to PBL by the United States Patent and Trademark Office in recognition of PBL's
rights in the inventions defined therein. In âch instance, the named inventors on the Asserted
Patent, having developed the invention under PBL's direction and using PBL's support and
resources, assigned ak of thek right, tide and interest in and to those inventions (<?, the Asserted
Patents) to PBL.
119.
Ak right, tide, and interest in andto theAsserted Patents passed to L'Oreal in 2011
as part of L'Oreal's acquisition of PBL.

120.
In 2012, L'Oreal granted an sxclusive kcense in and to the Asserted Patents to PBL,
including ak substantive rights including the right to enforce the Asserted Patents. See Exhibit 29.
121.
The Asserted Patents relate to and cover the innovative features of the Clarisonic
System, including the apparatus and methoci for treatment and removal of acne and/or cleansing the
skin;a motor within such an apparatus; and the design for such anapparatus and its(charging
station.
-27-
^T^^^T^^tTT^W 7~'^T^T^"T^^^^W'&lifKF
*wrrr&*^,^x^-&%
A.
The'691 Patent
1.
122.
Identification of the Patent and PBL's Interest Therein
U.S. Patent No. 7,320,691 ("the '691 patent") issued onJanuary 22, 2008, and is
entitled "Apparatus and Method for Acoustic/Mechanical Treatment ofEarly Stage Acne." The
inventors are Kenneth A. Pkcher, David Giukani, and Stephen M. Meginniss.
123.
A certified copy of the '691 Patent is attachedas Exhibit 1.
124.
The '691 Patent has been reexamined pursuant to Reexamination Request Nos.
90/009,797 and 90/011,343. The patentabikty ofak ofthe origkiaky issued claims 1-52 ofthe '691
Patent was confirmed pursuant to those reexamination requests, and new claims 53-64 were added.
Areexamination certificate issued on September 20, 2011, a copy ofwhich is included inExhibit 1.
125.
The '691 Patent has 64 claims, six ofwhich are independent (claims 1, 23, 31, 42, 53,
and 59). PBL is asserting claims 1, 4-6,12-16, 22, 31, 33, 39-41, 42, 44-46, 49, and 51-52 against one
or more of the Respondents.
126.
Each of the inventors assigned his entire right, tide and interest in and to the '691
patent to PBL. Exhibit 4A. PBL assigned its entire right, tide and interest in and to the '691 Patent
to L'Oreal upon L'Oreal's acquisition ofPBL. Exhibit 4B. L'Oreal then conveyed an exclusive
kcense induding ak substantial rights, with the right to enforce the '691 Patent for past, present and
future infringement of the'691 Patent to PBL. Exhibit 29.
127.
The '691 Patent is vakd, enforceable, and currently in fuk force and effect.
128.
As described below in Paragraphs 226-230, the '691 Patent has been previously
adjudicated vakd and infringed bythe United States District Court for the Western District of
Washington.
129.
Pursuant to Commission Rule 210.12(c), the original ofthis Complaint is
accompanied by acertified copy and three additional copies ofthe file history ofthe '691 patent and
-28-
'^W'^^^^,*M***WWal^ff^gt*^ l^"W'.<
^-^^.m,mn
^-^^ '*""-''''~W^ "*^^
its reexamination (Appendices A and B) and four copies of each document of recorc
in the '691
patent file history (Appendix C).

2.
130.
Non-Technical D
ription of the Patented Invention
esc:
The '691 patent is generaky cit'ected to a device that includes an arrangement of
brushes that are held in contact with the skid.,
and that move in away to unclog porejs and cleanse
the skin. In one embodiment, the brushheajl ends are arranged such that there is relative movement
therebetween to create alternating tension
and
compression of the skin. This tensionand
compression acts to remove sebumplugs from skin pores.

3.
131.
Foreign Counterp:arts
In accordance with
Commission Rule 210.12(a)(9)(v), the fokowing is; a kst of foreign
counterparts to the '691 patent:

Jurisdiction
CA
Patent/
App. No.
2557314
Filing,
Title
Status
Date of
"Date
2/25/2004
Indicated
Apparatus and method for
. Priority
2/25/2004
Issued
2/25/2004
Issued
2/25/2004
Issued
2/25/2004
Issued
2/25/2004
Pubkshed
acoustic/mechanical
treatment of early stage acne

CN
1937966
2/25/2004

acoustic/mechanical.
DE
1722699
2/25/2004

acoustic/mechanical
reatment of early stage acne
EP
1722699
2/25/2004

acoustic/mechanical
EP
2586390
2/25/2004
Method for
acoustic/mechanical
ES
1722699
2/25/2004
and
Pending
2/25/2004
Issued
2/25/2004
Issued
acoustic/mechanical
FR
1722699
2/25/2004

acoustic/mechanical
-29-
"S^WF^^S?^
^^^''^f^p^j^^
Jurisdiction
Patent/,
Filing
App-:N6;|' ?
GB
2/25/2004
1722699
^./.TWe ;.;:.,;"'
Date
Indicated
Status
Date of
Priority
2/25/2004
Issued
2/25/2004
Issued
2/25/2004
Issued
2/25/2004
Issued
2/25/2004
Issued
acoustic/mechanical
HK
9/27/2007
1105164

Apparatus for
acoustic/mechanical
IT
2/25/2004
1722699

acoustic/mechanical
JP
2/25/2004
4607946
treatment of eariy stage acne

acoustic/mechanical
TR
1722699
2/25/2004
WO/PCT
WO/2005
2/25/2004
091748

acoustic/mechanical
acoustic/mechanical
2/25/2004
End of
Proceeding
This kst includes ak ofthe counterparts to the '691 patent known to Complainant. No other rdated
appkcations are pending.
B.
The'906 Patent
1.
132.
Identification of the Patent and Ownership by PBL
U.S. Patent No. 7,386,906 ("the '906 patent") issued on June 17, 2008, and is entitied
"Oscikating Brushhead Attachment System for aPersonal Care Appkance." The inventors are
Dane M. Roth, Stephen M. Meginniss, III, Kenneth A. Pkcher, Richard A. Reishus, and David
Giukani.
133.
A certified copy of the '906 Patent is attached as Exhibit 2.
134.
The '906 Patent has 15 daims, one ofwhich is independent (claim 1). PBL is
asserting claims 1-2, 4-5, and 7-15 against one or more ofthe Respondents.
135.
Each of the inventors assigned his entire right, title and interest in and to the '906
patent to PBL. Exhibit 5A. PBL assigned its entire right, titie and interest in and to the '906 Patent
-30-
^V^^,^WîMA^^^^V^Ti^^^^SS?ie^^^^^!IS!^,^<i'
jViJ'HiiMsyjI^îjêiS1^""
.'infah^--^$&ij^g^p^jgaip^^
to L'Orealupon PBL's acquisition by L'Oreal,. Exhibit 5B. L'Oreal then conveyed an exclusive
kcense including ak substantial rights, with the:right to enforce the '906 Patent for pa'st, present and
future infringement of the '906 Patent to.PBL.
Exhibit 29.
136.
The '906 Patent is vakd, <en:fc)rceable, and currentiy in full force and effect.
137.
Pursuant to Commission Rule
210.12(c), the original of this Complaint is
accompanied by a certified copy and three additional copies of the file history of the '906 patent
(Appendix D) and four copies of each document of record in the '906 patent file history
(Appendix E).
2.
138.
Non-Technical D
ription of the Patented Invention
esc:
The inventions disdosed and
claimed in the '906 patent relate to -a sej; of two
brushheads that are moveably interconnected to be used with an oscklating electric skin care device,
Each brushhead portion has connective features that akow it to moveably interconnect with the
other brushhead portion, alongwith.connective features for interconnection to the device itself,
The connective features to the device lock t i e
respective brushheads to dfheran oscillating or fixed
portion of the device, so that the brushheads provide a cleansing movement on the skin.
3.
139.
In accordance with
Commission Rule 210.12(a)(9)(v), the fokowing is a kst of foreign
counterparts to the '906 patent:

Jurisdiction
Patent/ ,
App. No.
Filing Date
Title
Status
, Date of
CA
2570659
6/21/2005
CN
101014265
6/21/2005
Oscillatingbrushhead
attachment system for a
personal care appkance
Oscillatingbrushhead
-31-
"^^X^rj^^^&zgW^ wgayw*
Indicated
Tir^-^^^,-^^^?p^W3^'^^Tta'-^'^1 <W**
Priority
6/21/2005
Issued
6/21/2005
Issued
Jurisdiction
Patent/ ;
Filing Date
;;j;;;-^Titlei; V;\
AppvNo.
^Status
Indicated
Date of
EP
1765112
6/21/2005
HK
1109034
12/27/2007
JP
4794552
6/21/2005
WO/PCT
WO/2006
/002183
6/21/2005
" Oscillatingbrushhead
'. Oscklating brushhead
Oscklating brushhead
Oscklating brushhead
Priority
6/21/2005
Issued
6/21/2005
Issued
6/21/2005
Issued
6/21/2005
End of
Proceeding
This kst includes ak ofthe counterparts to the '906 patent known to the Complainant. No other
related appkcations are pending.
C.
The D'809 Patent
1.
140.
Identification ofthe Patent and Ownership by PBL
U.S. Patent No. D523,809 ("the D'809 Patent") issued onJune 27, 2006, and is
entitied "Charger for an Electric Skin Brush." The inventors are Dane M. Roth, Robert E. Akridge,
and Kenneth A. Pkcher.
141.
A certified copyof the D'809 Patentis attached as Exhibit 3.
142.
Each of the inventors assigned his entire right, titie and interest in and to the D'809
patent to PBL. Exhibit 6. PBL assigned its entire right, tide and interest in and to the D'809 Patent
to L'Oreal upon PBL's acquisition by L'Oreal. See Exhibit 4B. L'Oreal then conveyed an exclusive
kcense including ak substantial rights, including the right to enforce the D'809 Patent for past,
present and future infringement of the D'809 Patent to PBL. Exhibit 29.
143.
The D'809 Patent is vakd, enforceable, and currently infuk force and effect.
144.
Pursuant to Commission Rule 210.12(c), the original ofthis Complaint is
accompanied by acertified copy and three additional copies of the file history of the D'809 patent
-32-
.> y^Kîgivagigqa^yi'vyst^gViigK'""JJ- "i\T-*i.">r*^T&tii&isgmHwmwi**^*'&&**&i^!av^'!jwâ

,i "ff^j^^j^^hî^
(Appendix F),and four copies of each document of record in the D'809 patent file history
(Appendix G).
Non-Technical De iicription
2.
145.
The D'809 patent is dkected to ornamentaldesign features of a charger for an
dectric skin care device, as shown in the D
3.
146.
of the Patented Invention
$09 Patent's figures below.
In accordance with Commission Rule 210.12(a)(9)(v), the fokowing is a kst of foreign
counterparts to the D'809 patent:

Jurisdiction
CA
Title
Indicated
Date
Date of
9/28/2005
Charger for an electric skin
Priority
3/29/2005
Patent/
Filing
AppvNo.
112820S
Status
Issued
brush
This kst includes ak of the counterparts to tjhe D'809 patent known to the Complainant. No other
related appkcations are pending.
V.
THE TRADE DRESS
147.
PBL's Clarisonic products; ii nelude the Clarisonic Plus model and thd Clarisonic Pro
model. The Clarisonic Plus and Clarisonic
Pro are substantiaky identicalin appearance. The

I
products are sold with a distinctive charging station, in which they rest to recharge, j;
-33-
( I.indium Pit.
( ll.UUUlM Sun,,!]
/I
\
*tl
148.
The Clarisonic Plus, with its distinctive trade dress, has been used in commerce in
the United States since at least as early as 2007. The Clarisonic Pro, with its distinctive trade dress,
has been used in commerce in the United States since at least as early as 2007. See Dedaration of
Robert Hennessy in Support of Complaint ("Hennessy Ded."), attached herein as Exhibit 37, ffif 36,
38.
149.
The Clarisonic Plus and Clarisonic Pro enjoy wide distribution throughout the
United States. The Clarisonic Plus is athree-speed model sold directly to consumers via department
stores, assisted self-service stores, retak.com, e-takers, professional salons, professional spas and
dermatologist offices as wek as onkne at Clari.sonic.com for approximately $225 (US). The
Clarisonic Pro is afour-speed model avakable in salons, for-approximately $225 (US).' Hennessy
Deck (Exhibit37),fflf 37, 39.
150.
Since at least as early as 2007, in an effort to set its products apart from others, PBL
has adopted and used a distinctive product configuration for its Clarisonic Plus and Clarisonic Pro
devices and thdr charging stations that has come to identify PBL as the source. Hennessy Deck
(Exhibit 37), 140.
-34-
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^^^^^^^^^^^^^^T^^f^l^W^^^re'W^Bra^^BpTp^
fw^W^wy-^^^^^g^-^^w;
'!BSP^w?:,'^^^?^^âiPM
151.
The elements of the trade dres s for the Clarisonic Plus and Clarisonic Pro devices
(the "Clarisonic Device Trade Dress") that cjreate its distinctive overak commerdal impression
include, but are not limited to, the fokowingj:
(a)
hourglass shape of tiie product;
(b)
shape of the head. unit:
(c)
(d)
identical molded arcs on each side of the head unit;
a droplet (or "teardrop ') shaped pad of contrasting texture onthe front of
the device;
(e)
one or more control
buttons located towards the top of the droplet, inside its
perimeter;
(f)
two round kghts ("dots")
located just above the droplet onthe front ofthe
device;
(g)
four round kghts (
dots") centered on the narrowest part ofjthe back ofthe
device;
(h)
location of thepro'duct name at the widest part of the back of the device;
contrasting-color run of bristles located within the bristles on the brush

head;
(D
the shape and confour of the ring surrounding thebrush head, with
alternating protrusions and indentations; and

!
(k)
the brush cap, with six large holes spaced evenly onthe face, around the
perimeter of the cap
-35-
-4
Photographs ofthe Clarisonic Plus and Clarisonic Pro are attached hereto as Exhibits 24 and 25.
152.
The key elements ofthe trade dress for the charging stations sold and used in
connection with the Clarisonic Plus and Clarisonic Pro devices (the "Clarisonic Charging Station
Trade Dress") include, but are not limited to, the fokowing:
(a)
boot-last shape of the product;
(b)
front plane ofproduct extending forward in exaggerated proportion; and
(c)
cradle for product dramaticaky higher infront than inback.
Photographs of the Clarisonic Plus and Clarisonic Pro charging stations are attached hereto
Exhibits 24 and 25.
-36-
igvt^ryi^yj^/ff'Sfe^^
i|i|^jj.j^Lipw^Wqw!;
MSff^JsraWfr ^^mzzz&!wv
asw^jHw^gaiM^!^!
as
. 153.
The Clarisonic Device Trade Dress
and Clarisonic Charging Station Trade Dress
(separately asserted but referred to cokective|ly herein as the "Clarisonic Trade Dress" for
convenience) are not functional. Although i ndividual elementsmay serve a purpose/that purpose
does not dictate the appearance of the element or of the trade dress- as a whole. There is no
functional reason for PBL to have adopted the spedfic silhouettes, contours, other design elements
and the cokocation of elements that c;omprise the Clarisonic Trade Dress. It did so in order to have
a distinctive, attention-getting andI memoratle product configuration that signals to consumers that
t
any product bearing the Clarisonic TradeD ess emanates from PBL.
{
I
154.
The Clarisonic Trade Dress
has acquked trademark significance or secondary

I
meaning in the minds of consumers throug] PBL's substantiaky continuous and exclusive use for
more than seven years, aswek as through. un:sokcited media attention, commercial success, and
substantial sales, advertising and promotion
155.
The Clarisonic Trade Dress
stands for and identifies a single source of high quakty
fadal cleansing devices. PBL,throughits sub stantiaky continuous, exclusive and prolonged use of
its trade dress has developed substantial gcod[wkl, value and recognition in it. Customers, potential
customers and the trade recognizeand as so ciate the Clarisonic Trade Dress with high quality fadal
cleansing devices emanating from a single source.

156.
PBL's Clarisonic Plus and
Clarisonic Pro devices have been widely promoted
through in-store promotions, displays and advertisements, as wek as via the Internet. The Clarisonic
Plus and Clarisonic Pro, in thek trade dress, have been featured in editorial coverage in national,
trade and regional magazines. Those editorial features have been viewedby millionsf upon milkons
of consumers since 2007 alone. Hennessy Deck (Exhibit 37), 141.
-37-
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^^w^r^^^^^T^^^^^^^^^1
irisnws,7'T*t^^^siS^Wte'sf??
157. The Clarisonic Plus and Clarisonic Pro devices have enjoyed great sales growth from
thek introduction, but sales have decreased in recent years with the recent appearance of knock-off
products inthe marketplace. Hennessy Deck (Exhibit 37), ^ 42.
158.
PBL has invested in the Clarisonic Plus and Clarisonic Pro models with substantial
advertising and promotion. Hennessy Deck (Exhibit 37), %43.
159. As described below in paragraphs 235-261, PBL has asubstantial domestic industry.
160.
Despite substantial investment in its domestic industry, with the recent appearance
ofknock-off products in the marketplace, PBL's sales ofits Clarisonic models, including its
Clarisonic Plus and Clarisonic Pro, have decreased. Hennessy Deck (Exhibit 37), If 42.
161.
PBL is not aware of any reason for its sales to have decreased other than the
presence ofproducts that appear to be exact copies. Ifsales continue to decline, PBL may have to
reduce its workforce associated with the Clarisonic products, reduce its manufacturing of the
products, and reduce investment in research and development.
162.
PBL has not registered, and does not plan or attempt to register the Clarisonic Trade
Dress.
VI.
LICENSES
163.
L'Oreal S.A. entered into atechnology agreement with L'Oreal USA, Inc. on
January 1, 2012. Acopy of that agreement is attached as Exhibit 28A. On February 15, 2012,
L'Oreal USA, Inc. and L'Oreal S.A. amended its agreement to confirm the rights conveyed by
L'Oreal S.A. to L'Oreal USA, Inc. Acopy of the Amendment Agreement is attached as Exhibit
28B.
164. L'Oreal S.A. entered into atechnology agreement with PBL on February 15, 2012
wherein L'Oreal S.A. granted to PBL an krevocable, sole and exclusive right and kcense to practice,
and conveyed ak substantial rights in and to, the Asserted Patents, including the right to
-38-
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. ^w^w *jim ^w^wû^-^^^?wm^mmi
manufacture, develop, market, offer for sale md sek the Clarisonic products; to subkbense to any
third person; andto enforce theAsserted Patents andto sue, counterclaim and recover for past,
J
present and future infringement of the: Asseited Patents. A copy of this agreement is attached as
Exhibit 29.
VII.
UNLAWFUL AND UNFAIR ACTS
165.
OF RESPONDENTS
The allegations contained in this Complaint include claimed violations of
Section 337(a)(1) (B)(1) by theimportation iinto the United States, the sale for importation, or the sale
within the United States after importation o farticles that infringe the Asserted Patents, either
kteraky or under the doctrine of equivalents

166.
The infringement analyses ir. .eluded in Exhibits 27A-CC and 27GG, attached hereto,
were undertaken on the infringingproducts in the formin which thoseproducts were imported into
the United States, sold for importation into the United States, and/or soldwithin the United States
I
after importation.
A.
Infringement of the '691 P atent
'
167.
Each of Respondents Our Famky Jewels, Accord Media, Xnovi, MTJTO, Anzikang,
NutraLuxe, 5th Avenue Buzz, ANEX, RN Ventures, Korean Beauty', H2Pro, Serious Skincare,
Home Skinovations, CNAIER, Coreana,
and
Flageok violates section 337 with respject to the '691
Patent by, inter alia, importing into the United States, selling for importation into the United States,
and/or selling within the United States after importation certain products thatinfringe claims
thereof, including: Our Famky Jewels' EpisL>nic product; Accord Media's UltraClear product;
Xnovi's Lemonsonic product; MTTO's
product; Anzikang's Dione prodiict; NutraLuxe's
NutraSonic 4-Speed product; NutraLuxe's NutraSonic Travel product; 5thAvenue Buzz's NuSonic
I
product; ANEX's Mimian product;
RN Ventures'
Magnitone Pulsar product; Korean Beauty's

}
Korean Beauty product; H2Pro's Eve proc.uct::; Serious Skin careand Flageok's Beauty Buzz
-39-
!T^mm^^r^m^m^m-T-^swr:i--HiVKiVtV'i^'^ -fW iâi-i.;->.'THT*
product; Home Skinovations' Silk'n Sonic product; CNAIER's CNAIER product; and Coreana's
Coreana 4D Motion product.
168. PBL has procured, or attempted to procure, in the United States samples of each of
the infringing products. Muker Deck (Exhibit 7), paragraphs 4-66. Photographs of the Accused
Products are attached to Muker Deck (Exhibit 7) as Exhibits 7A2-7P2, and physical samples ofeach
are submitted herewith as Exhibits 7A3-7P3.
169. Respondent Our FamkyJewels' Episonic product infringes claims 1, 4-6, 12-16, 22,
31, 33, 39-41, 42, 44-46, 49, 51-52 ofthe '691 Patent either kteraky or under the doctrine of
equivalents. Achart applying clakns 1, 4-6,12-16, 22, 31, 33, 39-41, 42, 44-46, 49, 51-52 of the '691
Patent to the Episonic product is attached as Exhibit 27A.
170. Respondent Accord Media's UltraClear product infringes claims 1, 4-6,12-16, 22, 31,
33, 39-41, 42, 44-46, 49, 51-52 of the '691 Patent either kteraky or under the doctrine of equivalents.
Achart applying claims 1, 4-6,12-16, 22, 31, 33, 39-41, 42, 44-46, 49, 51-52 ofthe '691 Patent to the
UltraClear product is attached as Exhibit 27B.
171.
Respondent Xnovi's Lemonsonic product infringes claims 1, 4-6,12-16, 22, 31 33
39-41,42, 44-46, 49, 51-52 of the '691 Patent either kteraky or under the doctrine of equivalents. A
chart applying claims i, 4-6, 12-16, 22, 31, 33, 39-41, 42, 44^46, 49, 51-52 ofthe '691 Patent to the
Lemonsonic product is attached as Exhibit 27C.
172.
Respondent MTTO's Soniclear product infringes claims 31, 33, 39-41 of the '691
Patent either kteraky or under the doctrine of equivalents. Achart applying claims 31, 33, 39-41 of
the '691 Patent to the Soniclear product is attached as Exhibit 27D.
173.
Respondent Anzikang's Dione product infringes clakns 1, 4-6,12-16, 22, 31, 33, 39-
41, 42, 44-46, 49, 51-52 of the '691 Patent either kteraky or under the doctrine of equivalents. A
-40-
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chart applying claims 1, 4-6,12-16, 22, 31, 33 39-41, 42, 44-46, 49, 51-52 of the '691 Patent to the
Dione product is attached as Exhibit 27E.
174.
Respondent NutraLuxe's NutraSonic 4-Speed product infringes claims 31, 33,-39-41

i
of the '691 Patent either kteraky or under th doctrine ofequivalents. A chart applying daims 31,
ic 4-Speed product is attached as Exhibit 27F.

33, 39-41 of the '691 Patent to the NutraSoijiic
175.
RespondentNutraLuxe's NiitraSonic Travel product infringes claimsj 31, 33, 39-41

I
of the '691 Patent either kteraky or under:the doctrine of equivalents. A chartapplying claims 31,
33,39-41 of the '691 Patent to the NutraSoHuc Travel productis attached as Exhibit:27G.
176.
Respondent 5fh AvenueB5UZZ 's NuSonic product infringes claims 31, 33, 39-41 of
the '691 Patent either kteraky or under the cfoctrkie ofequivalents.
Achart applying claims 31, 33,

i
39-41 of the '691 Patent to the NuSonic product is attached as Exhibk 27H.
177.
j
I
Respondent ANEX's Mkni:an product infringes claims 1,4-6,12-16,!22, 31, 33, 39-
415 42, 44-46, 49, 51-52 of the '691 Patent ejither kteraky orunder the doctrine ofequivalents.
chart applying claims 1, 4-6,12-16, 22, 31, 53, 39-41, 42, 44-46, 49, 51-52 of the '69i Patent to the
Mimian product is attached as Exhibit 271

178.
Respondent RN Ventures' Magnitone Pulsar product infringes claims 31, 33, 39-41
of the '691 Patent either kteraky or under the doctrine of equivalents. A chart applying daims 31,
33, 39-41 of the '691 Patent to the Magnkone Pulsar product is attached as Exhibit:27J.
179.
Respondent Korean Beautyj: s Korean Beauty product infringes clakns 31, 33, 39-41
I
of the '691 Patent either kteraky or under t i e doctrine ofequivalents.
Achart applying claims 31,

I
i
33, 39-41 of the '691 Patent to the Korean Beauty product is attached as Exhibit 2^1-C
180.
Respondent H2Pro's Eve product infringes
claims 31, 33, 39-41 of jhe '691 Patent
either kteraky or under the doctrine of equivalents. A chart applying claims 31, 33.
Patent to the Eve productis attached as Exhibit 27L.
-41-
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*g>miJIS8Mg$&* ~
39-41 of the'691
181. Respondents Serious Skin Care and Flageok's Beauty Buzz product infringes claims
31, 33, 39-41 of the '691 Patent either kteraky or under the doctrine of equivalents. Achart applying
claims 31, 33, 39-41 ofthe '691 Patent to the Beauty Buzz product is attached as Exhibit 27M.
182.
Respondent Home Skinovations' Silk'n Sonic product infringes claims 31,33, 39-41
of the '691 Patent either kteraky or under the doctrine of equivalents. Achart applying claims 31,
33, 39-41 ofthe '691 Patent tothe Silk'n Sonic product is attached as Exhibit 27N.
183.
Respondent CNAIER's CNAIER product infringes claims 1, 4-6,12-16, 22, 31, 33,
39-41, 42, 44-46, 49, 51-52 of the '691 Patent either kteraky or under the doctrine of equivalents. A
chart applying claims 1, 4-6,12-16, 22, 31, 33, 39-41, 42, 44-46, 49, 51-52 ofthe '691 Patent to the
CNAIER product is attached as Exhibit 270.
184.
Respondent Coreana's Coreana 4D Motion product infringes daims 1, 4-6,12-16,
22, 31, 33, 39-41, 42, 44-46, 49, 51-52 ofthe '691 Patent either kteraky or under the doctrine of
equivalents. Achart applying claims 1, 4-6,12-16, 22, 31, 33, 39-41, 42, 44-46, 49, 51-52 of the '691
Patent to the Coreana 4D Motion product is attached as Exhibit 27P.
B.
Infringement of the '906 Patent
185. Each ofRespondents Our FamkyJewels, Accord Media, Xnovi, Anzikang, ANEX,
CNAIER, and Coreana violates Section 337 with respect to the '906 Patent by, inter alia, importing
into the United States, selling for importation into the United States;and/or selling within the
United States after importation certain products that infringe claims thereof, including: Our Famky
Jewels' Episonic product; Accord Media's UltraClear product; Xnovi's Lemonsonic product;
Anzikang's Dione product; ANEX's Mimian product; CNAIER's CNAIER product; and Coreana's
Coreana 4D Motion product.
186. PBL has procured in the United States samples of each of the infringing products.
Photographs of the Accused Products are attached to Muker Ded. (Exhibit 7) as Exhibits 7A2-7C2,
-42-
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Wae$&&*%&???3s*<
7E2, 712, 7M2, 7P2, and physical samples of each are submitted herewith as Exhibits 7A3-7C3, 7E3,
713, 7M3, 7P3.
187. Respondent Our FamkyJewels' Episonic product infringes claims 1-2, 4-5, 7-15 of
the '906 Patent either kteraky or under the doctrine ofequivalents. Achart applying claims 1-2, 4-5,
7-15 ofthe '906 Patent to the Episonic product is attached as Exhibit 27Q.
188. Respondent Accord Media's UltraClear product infringes claims l-2,J4-5, 7-15 ofthe
-'906 Patent either kteraky or under the doctiine ofequivalents. Achart applying claims 1-2, 4-5, 715 of the '906 Patent to the UltraClear product is attached as Exhibit 27R.
189.
Respondent Xnovi's Lemonsonic product infringes claims 1-2, 4-5, j-15 of the '906
Patent dther kteraky or under the doctrine of equivalents. Achart applying claims 15-2, 4-5, 7-15 of
the '906 Patent to theLemonsonic product is attached as Exhibit 27S.
190.
Respondent Anzikang's Dione product infringes claims 1-2, 4-5, 7-lp of the '906
t
..
Patent either kteraky or under the doctrine of equivalents. Achart applying claims 1-2, 4-5, 7-15 of
s
the '906 Patent to the Dione product is attached as Exhibit 27T.
[
I
191. Respondent ANEX's Mknkn product infringes claims 1-2, 4-5, 7-15* of the '906
the'906 Patent to the Mimian product is attached as Exhibit 27U.
192.
Respondent CNAIER's CNAIER product infringes claims 1-2, 4-5, 7-15 of the '906
the'906 Patent to the CNAIER product is attached as Exhibit 27GG.
193.
Respondent Coreana's Coreana 4D Motion product infringes claims^ 1-2, 4-5, 7-9,14
of the '906 Patent either kteraky or under the doctrine of equivalents. Achart applying claims 1-2,
4-5,7-9,14 of the '906 Patent to the Coreana 4D Motion product is attached as Exhibit 27V.
-43-
C.
Infringement of the D'809 Patent
194. Each ofRespondents Our FamilyJewels, Accord Media, Anzikang, NutraLuxe, 5th
Avenue Buzz, RN Ventures, Serious Skin Care, and Flageok violates section 337 with regard to the
D'809 Patent by, inter alia, importing into the United States, selling for importation into the United
States, and/or selling within the United States after importation certain products that infringe the
claim thereof, including: Our FamkyJewels' Episonic product; Accord Media's UltraClear product;
Anzikang's Dione product; NutraLuxe's NutraSonic 4-Speed product; 5th Avenue Buzz's NuSonic
product; RN Ventures' Magnitone Pulsar product; and Serious Skin Care and Flageok's Beauty Buzz
product.
195. PBL has procured in the United States samples of each of the infringing products.
Photographs of the Accused Products are attached to Muker Deck (Exhibit 7) as Exhibits 7A2, 7B2,
7E2, 7F2, 7H2, 7J2, 7N2, and physical samples ofeach are submitted herewith as Exhibits 7A3,
7B3, 7E3, 7F3, 7H3, 7J3, 7N3.
196.
Respondent Our FamkyJewels' Episonic product infringes the D'809 Patent. A
chart applying the D'809 Patent to the Episonic's charging station is attached as Exhibit 27W197.
Respondent Accord Media's UltraClear product infringes the D'809 Patent. Achart
applying the D'809 Patent to the UltraClear's charging station is attached as Exhibit 27X.
198. Respondent Anzikang's Dione product infringes the D'809 Patent. Achart applying
the D'809 Patent to the Dione's charging station is attached as Exhibit 27Y.
199.
Respondent NutraLuxe's NutraSonic 4-Speed product infringes the D'809 Patent. A
chart applying the D'809 Patent to the NutraSonic 4-Speed's charging station is attached as Exhibit
27Z.
200.
Respondent 5th Avenue Buzz's NuSonic product infringes the D'809 Patent. A
chart applying the D'809 Patent to the NuSonic's charging station is attached as Exhibit 27AA.
-44-
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201:
Respondent RN Ventures' Mfagnitone Pulsar product infringes
the D'809 Patent. A
chart applying the D'809 Patent to the;Magnitone Pulsar's charging station is attached as Exhibit
27BB.
202.
Respondents Serious Skin Q.re and Flageok's Beauty Buzz product infringes the
D'809 Patent. A chart applying the D'809 Patent to theBeauty Buzz's charging statibn is attached
as Exhibit 27CC.
D.
Trade Dress Infringement
203.
Each of Respondents Our Famky Jewels, Accord Media and Anzikang (cokectively,
i
"Trade Dress Respondents") offers sonic facial.cleansing devices that are essentiakyjidentical to and
arelikdy to cause confusion with the Clarisonic Trade Dress. Trade Dress Respondents currendy
I
produce, sek ordistribute in the United Statess facial cleansing devices in trade dress jthat is kkely,
indeed calculated, to cause confusion with the1Clarisonic Trade Dress.
'
-45-
Di..ii
A hriMmic I'liis Pro;.

l-M lumiim Minion
I ,,isk; .
-.| |lri< |0;11 ( ,,.,
( li.iiijiiiijM.ilMin.V h .- Si.Vi.m
;|)lll|U
< li.iiiiinu Million
Photographs ofthe Clarisonic Plus and Clarisonic Pro are attached hereto as Exhibits 24 and 25.
Photographs of the Episonic, UltraClear, and Dione are attached hereto as Exhibits 7A2, 7B2, and
7E2, respectively.
204. Trade Dress Respondents' actions are dekberate, willful and intentionaky designed to
reap the benefits ofPBL's substantial investment in the research and development ofits products,
and to trade on and exploit the enormous goodwik, value and pubkc recognition that PBL has
developed in its trade dress, which is used as asource identifier for its high quakty, market-leading,
facial cleansing device.
205. As shown in Muker Deck (Exhibit 7), Exhibits 7A2, 7B2, and 7E2 thereto, the trade
dress adopted and used by Our FamkyJewels, Accord Media and Anzikang for thek devices Episonic product, UltraClear product and Dione product, respectivdy - copies the overak trade
,dress, as wek as the individual elements, used by PBL to create adistinctive commercial impression.
Trade Dress Respondents' direct copying of the Clarisonic Trade Dress is wikful, intentional and
makcious.
-46-
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206.
On information and bekef, Tcade Dress Respondents
are selling or seeking to sek
thekrespective infringing products in the same channels of trade and to the same dajss of
t
consumers as those targeted by and who are potential purchasers from PBL. Like PBL's products,
Trade Dress Respondents' products offered for sale in trade dress identical to the Clarisonic Trade
Dress are sold, at least, onkne to consumers nationwide.
VIII.
SPECIFIC INSTANCES OF SALE AND IMPORTATION

207.
Each of the electric skin care
devices, brushes or brushheads, and chargers identified
and/or sold
above as infringing one or more of PBL's patents were imported, sold for importation,
I
after importation in the United States in vio! ation of, inter alia, 19 U.S.C. 1337(a)(l!)(B)(i) and
(a)(1)(A).
208.
PBL has obtained, or attem]pted to
obtain, inthe United States representative
samples of each of the Proposed Respondeat!:s' imported products. Specifically, as set forth indetak
j
below,PBL has obtained in the United. States : Our Famky Jewels' Episonic product; Accord Media's
j
UltraClear product; Xnovi's Lemonsonic, plO'duct; MTTO's Soniclear product; Anzikang's Dione
product; NutraLuxe's NutraSonic 4-Speed product; NutraLuxe's NutraSonic Travel]product; 5th

AvenueBuzz's NuSonicproduct; ANEX's Mimian product; RN Ventures' Magnitone Pulsar
product; Korean Beauty's Korean Beauty product; H2Pro's Eve product; Coreana's!Coreana 4D
\
Motion product; and Serious Skincare and Flageok's Beauty Buzz product. Photogfaphs and
|-
physical samples ofthose infringing produc,ts are submitted with this Complaint. See Muker Deck
i
(Exhibit 7), Exhibits 7A2-7P2 and 7A3-7P3 . A detaked description of the steps thit PBL took in
procuring those devices is set forth in the ikuker Deck (Exhibit 7) (and exhibits). RBL is informed
j
and bekeves that the Proposed Responded:sintend to continue to sek for importation, import
and/or sek after importation suchinfringi: g products.
-47-
209.
On information and bekef, Our FamkyJewels' Episonic products are manufactured
in China and imported for sale into the United States. For example, the AC/DC adapter included in
the packaging of the Episonic product reveals a"Made in China" label. See paragraph 7and Exhibit
7A2 to the Muker Deck (Exhibit 7).
210.
On information and bekef, Accord Media's UltraClear products are manufactured in
China and imported for sale into the United States. For example, the AC adapter included in the
packaging ofthe Ultra Clear product bears alabel with the words "Made in China." See paragraph
10 and Exhibit 7B2 to the Muker Deck (Exhibit 7). .
211.
On information and bekef, Xnovi's LemonSonic products are manufactured in
China and imported for sale into the United States. For example, the packaging for the Lemonsonic
bears a"Made in China" label. See paragraph 14 and Exhibit 7C2 to the Muker Deck (Exhibit 7).
212.
On information and bekef, MTTO's Soniclear products are manufactured in China
and imported for sale into the United States. For example, the packaging for the Soniclear product
has alabel with the words "Made in China." See paragraph 18 and Exhibit 7D2 to the Muker Deck
(Exhibit 7).
213.
On information and bekef, Anzikang's Dione products are manufactured in China
andimported for sale into the United States. For example, the packaging for the Dione product
bears amultitude of Chinese characters and aSales and Production Address in China. See paragraph
22 and Exhibit 7E2 to the Muker Deck (Exhibit 7).
214.
On information and bekef, NutraLuxe's NutraSonic 4-Speed products are
manufactured in China and imported for sale into the United States. For example, the manual for
NutraSonic 4-Speed product bears the labeling "Attachment Brushes and Charger Made in China."
See paragraph 26 and Exhibit 7F2 to the Muker Deck (Exhibit 7).
tj1Hl^^>^MBs^llsiaJB>ag^^TBg,^wji7^^
215.
On information and bekef, NutraLuxe's NutraSonic Travel products are

1
manufactured in China and imported for sal.; into the United States. For example, the manual for
the NutraSonic Travel product bears the lab ding "Attachment Brushes and Charger Made in
China." See paragraph 30 and Exhibit 7G2 to the Muker Deck (Exhibit 7).
i
i
216.
On information and bekef, 5th Avenue Buzz's NuSonic products arej manufactured
1
in China and imported for sale into the United States. For example, the charging staition included
with Nusonic products reveals a"Made in China" label. See paragraph 34 and Exhibit 7H2 to the
Muker Deck (Exhibit 7).
217.
On information and bekef, ANEX's Mimian products are manufactured in Korea
and imported for sale into the United States. For example, the packaging for me Mimian product
bears a"Made in Korea" label. See paragraph 38 and Exhibit 712 to-the Muker Deck (Exhibit 7).
f
218.
Oninformation and bekef, RN Ventures' Magnitone Pulsar product's are
manufactured in China and imported for sale into the United States. For example, the brush and the
charging station included with Magnitone Pulsar products bear a"Made in China" label. See
paragraph 42 and Exhibit 7J2 to the Muker Deck (Exhibit 7).
219.
On information andbekef, Korean Beauty's Korean Beauty products are

I
manufactured in Korea and imported for ssik into the United States. For example, jthe packaging
for the Korean Beauty product bears a"Made in Korea" label. See paragraph 46 anjd Exhibit 7K2 to
the MukerDeck (Exhibit7).
220.
Oninformation and bekef, H2Pro's Eve products are manufactured inKorea and
' imported for sale into the United States. For example, the packaging for the Eve product bears a
f.
"Made in Korea" label. See paragraph 50 and Exhibit 7L2 to the Muker Deck (Exhibit 7).
221.
On information and bekef,, Coreana's Coreana 4D Motion products are
manufacturedin Korea and imported for ssale into the United States. For example,! the packaging
-49-
&^m^&^m^$W-WWH w&'WmW*^^^'^^^^^'^ -'^1UMsn^"-?ig^^w,'f^
^mms^^"^!^wr^^^^m't^^^^^
for the Coreana 4D Motion product bears a"Made in Korea" label. See paragraph 54 and Exhibit
7M2 to the Muker Deck (Exhibit 7).
222.
On information and bekef, Serious Skincare and Flageok's Beauty Buzz products are
manufactured in China and imported for sale into the United States. For example, the handle stand
for the Beauty Buzz product bears a"Made in China" label. See paragraph 58 and Exhibit 7N2 to
theMuker Deck (Exhibit 7).
223.
On information and bekef, Silk'n Sonic products are manufactured inChina and
imported for sale into the United States. For example, the packaging for the Silk'n Sonic products
bears a"Made in China" label. See paragraph 62 and Exhibit 702 to the Muker Deck (Exhibit 7).
224.
Oninformation and bekef, CNAIER products are manufactured inChina and
imported for sale into the United States. For example, the packaging for the CNAIER products
bears a"Made in China" label. See paragraph 66 and Exhibit 7P2 to the Muker Deck (Exhibit 7).
225.
On information and bekef, ak of the accused and other infringing products are
avakable for sale in the United States. See Muker Deck (Exhibit 7), fflf 3-66.
IX.
RELATED LITIGATION
A.
NutraLuxe Litigation (Western District ofWashington)
226.
On February 8, 2010, PBL commenced advk action against Nutra Luxe MD, LLC
in the Western District ofWashington, Case No. 2:10-cv-00230, akeging that NutraLuxe's Nutra
Sonic product infringed the '691 patent.2 Acopy of the complaint in that action is attached as
Exhibit 30.
227. On November 10, 2011, PBL filed its Fkst Amended Complaint, inter alia, adding
akegations that NutraLuxe's Nutra Sonic product infringed the Clarisonic System's trade dress for its
2On the same day, PBL commenced arelated civk action against Pretika Corp. in the Western
District ofWashington, Case No. 2:10-cv-00231. This action settled soon after claim construction
briefing.
-50-
55^|W5^?WTBS5T
'^PWBWWWSBSS
facial cleansing brush. A copyof the Fkst Amended Complaint is attached as Exhibit 31. The
Clarisonic System trade dress was described as "a combination of elements that together serve to
identify to relevant consumers that the Clarisonic System comes from a single source." The
combination consisted of:
(a)
The overak hourglas^ shape of the Clarisonic System;
(b)
The shape of the: head unit of the Clarisonic System;
(c)
Identical molded arc^s on each side of the head unit;
(d)
An oblong shaped so ft grip padon the front of the product;
(e)
One or more contro.
buttons located within the perimeter of the soft grip
pad;
(9
A contrasting gray color for the soft gap pad;
(g)
The product name
j
f
printed horizontaky across the back ofth<; head ofthe
unit; and
(h)
A contrasting oolored ring ofbristies located inside ofthe
outer two rows of
bristles of the brush head.
228.
On March 21, 2012, Judge J ames L. Robart issued a Claim Construction Order
construing certain terms of the '691 patent. A copy of the Claim Construction Order is attached as
. I
Exhibit 32. The claim construction defined the fokowing phrases:

, Term
Claim
"treatment of acne"
Claims 1, 31
x
j
-.; Construction (Dkt.' No. 98)
Loosening, dislodging, or reducing the

occurrence of sebaceous plugs in the skin
pores
1,31,42
Having one or more sebaceous plugs
"to be treated for acne"
Claims
"an action on the skin.. .is
Claims 1,31
The skin is repeatedly deformed, reformed,
produced"
"action on the skin.. .produces':
Claim 42
and then deformed in a different direction,

with each deformation of the skin within the
"alternatingtension and
compression of the skin''
skin's approximate elasticlkflit.

Claims
1, 31, 42
Alternating stretching apart and pushing

together of the skin
-51-
Term
Claim
"positively moving':
Construction (Dkt. No. 98)

Positively or affirmatively moving
:'a neutral position"
Claims 1, 31, 42
Claims 1, 31, 42
"bi-dkectionaky about a neutral
Claims 1, 31, 42
A point used to measure the movement of

the contacting element
In one direction and then another direction
about a point used to measure the movement
of the contacting element
Claims 1, 42
With respect to aneighboring contacting
position"
"relative to at least one adjacent

contacting element"
element, for example in a different direction,

at a differentampktude, or at a different
velocity than a neighboring contacting

element
"an assembly for positively
Clakns 1, 42
moving said atleast one moving

contacting element"
"an assembly for positively

moving said contacting
Terms are not means-plus-function

limitations.
The term "an assembly" means "a driver

Claim 31
mechanism."
element"
"mounting assembly for
Claims 1, 42
holding"
229.
Aseven-day jury trial was held September 4, 2012 through September 12, 2012. At
the condusion of the trial, the jury found that NutraLuxe wikfuky infringed certain clakns of the
'691 patent, and awarded almost $9.4 milkon in lost profits and reasonable royalties. With respect to
the trade dress infringement, the jury found that four of NutraLuxe's products infringed PBL's
Clarisonic System trade dress and awarded almost $1.5 milkon in damages. Acopy of the jury's findings is attached as Exhibit 33.
230.
Ultimately, the parties stipulated to apermanent injunction prohibiting NutraLuxe
from infringing the '691 patent. A copy ofthe order is attached as Exhibit 34.
B.
Litigation in China
231.
L'Oreal filed lawsuits against Ningbo Danlong Electronic Manufacturing Co., Ltd.;
Ningbo Jiangbei Dingke Trading Co., Ltd.;Jianzi International Trading Company Limited; Shanghai
Janes Industrial Co, Ltd.; and Hangzhou Qkigxi Technology Co, Ltd. for infringement of Chinese
-52-
.H-SJ-. uwijfj i^jjij Wl5iisrtW5>
Patent No. ZL200580020891.6, which is a Chinese counterpart to the '906
patent. A copy of tiiose
complaints and Engksh translations thereof are attached as Exhibit 35.

C.
Litigation in Great Britain
232.
L'Oreal filed lawsuits against Miss C Cook andMiss J Cook trading as The Cosmetic
Practice for infringement of EP 1722699, which is a European counterpart to the '691 Patent, and
Registered Community Design Nos. 000407 747-0001; 001175046-0001; 001320816*001; and

001343263-0001. Prior to service of the
plaint onMiss CCook and Miss J Cook, L'Oreal sent
corn-
each of them a cease and desist letter. Miss
C Cook and Miss J Cookboth agreed to cease and

f
desist further infringement. Accordingly; that complaint was never served as the case settled shortly
after filing. A copy of that complaint is attached as Exhibit 36.

D.
Contemporaneous Litigation in the Western District ofWashington
233.
On or about May1, 2015, PBL will file civil actions against each of tiie Proposed
Respondents in theWestern District ofWas hington in parakel to the filing of this Complaint,
alleging that the Accused Products infringe the asserted kitekectual property as described herein,
along with additional United States patents.
X.
HARMONIZED TARIFF SCHEDULE

234.
The Harmonized Tariff Schedule item number for the electric skin care devices at
issue is 9603.29.8090.
XL
DOMESTIC INDUSTRY
235.
For at least the reasons
discussed below, PBL's operations constitute a domestic

f.
industry under 19 U.S.C. 1337(a). This domestic industry is dkectiy related to components ofthe
Clarisonic System that practice the claims f the Asserted Patents (including, as discussed in detail
bdow, the Mia, Pro, Plus, and Smart:Profile products) and use the Clarisonic Trade Dress.
-53-
^^^T^^T^^^^'^'r'^^'trM'OT"r'''^'
wi^"!rw*'iw'|'W"5?
v"l'"t>----*.*
236. PBL's patents cover and relate to components of the Clarisonic System, developed
by PBL over many years and at great expense and effort. PBL's sole business is the development,
design, manufacture, marketing and sale ofthe Clarisonic System.
237. PBL has made significant investments in property and equipment and employs a
significant amount oflabor and capital in the United States for the manufacture, design, research,
development, testing, marketing and sales ofits Clarisonic products.
238. Since 2011, PBL has spent asignificant amount on developing, implementing,
maintaining, advertising, and upgrading its Clarisonic System. Hennessy Deck (Exhibit 37), 145.
A.
Technical Prong
239.
Various components of the Clarisonic System, including the Mia, Pro, Plus, and
Smart Profile devices, practice the claims of the Asserted Patents.
240. Aclaim chart demonstrating how the Clarisonic System components practice
exemplary claims of the '691 Patent is attached as Exhibit27DD.
241. Adaim chart demonstrating how the Clarisonic System components practice
exemplary claims of the '906 Patent is attached as Exhibit 27EE.
242. Aclaim chart demonstrating how the Clarisonic System components practice the
D'809 Patent is attached as Exhibit 27FF.
243. The fokowing table provides asummary ofwhich Clarisonic System components fell
within the scope of the Asserted Patents.
HPro]?c?iî^^^
Patent No. -.32i>.r,')|
Mia 1, 2 and 3, Plus, Pro, Smart Profile
("the '691 patent")
Patent No. 7,386,906
Mia 1, 2 and 3, Plus, Pro, Smart Profile
("the '906 patent"
Patent No. D523,809
Plus, Pro
("the D'809 patent")
-54-
g&.X&$BsFmTS8?&g;
B.
Economic ProngSigrnific ant Investment in Plant,

Capital
244.
PBL's current headquarters, principal place ofbusiness
located in Redmond, Washington (the "Redttnond Facikty").

245.
PBL also maintains a
Equipment] Labor, and
and manufacturing facikty is
Hennessy Deck (Exhibit 37), t 5.
manufacturing warehouse facikty at 22714 Russek Road,
Bukdkig C, Kent, WA 98032 ("the Kent Rujssek Road facikty"). Hennessy Deck (Exhibit 37), K6.
246.
PBL also maintains a finished
goods distribution and warehouse facikty at 6111
South 228th Street, Kent, WA 98032 ("the IjCent South 228th Street facikty"). Henriessy Deck
(Exhibit 37),H6.
247.
The Redmond Facility is hohie to PBL's senior executive officers, as wek as the
marketing,
research, engineering, design, development clinical and consumer testing, manufacture,
f
customer service, sales, consumer affaks, acministrative management, financial management, and
the United States general management and nternational general management functions of the
Clarisonic business. Hennessy Ded. (Exhib|iiit 3), f 14.

248.
The Clarisonic Mia (nowM.a
1), Clarisonic Mia 2, Clarisonic Aria (nbw Mia 3),
Clarisonic Plus, ClarisonicPro, and Clarisofflc Smart Profile, along with the Clarisonic Opal and
Clarisonic Peck, are ak manufactured at the Redmond Facikty. Hennessy Ded. (Exhibit 37), U15.
249.
PBL has invested a signifi..cant;amount equipping the manufecturing portion of the

i
Redmond Facikty to produce components of the Clarisonic System.. Hennessy Deck (Exhibit 37),
H16.
250.
PBL employs hundreds of employees in the United States, including employees in
manufacturing and operations, sales and marketing, research and devdopment, and general and
administrative functions. Hennessy Deck Exhibit 37), \ 18.
251.
PBL's United States-based
:
f
research and development employees have responsibility
for designing the products of, and processes for, the Clarisonic System. Significant sums were
-55-
invested in research and development, and ak ofthe costs were invested in the United States.
Hennessy Ded. (Exhibit 37), fflf 20-21.
252.
PBL's United States-based manufacturing employees have responsibility for
manufacturing the products of the Clarisonic System. Significant capital investments were made in
manufacturing, and ak of the costs were invested in the United States. Hennessy Ded. (Exhibit 37),
HH 23-24.
253.
PBL's total United States-burdened annual payrok is in the tens ofmilkons.
Hennessy Deck (Exhibit 37), 119.
254. PBL's investment in its plants, equipment, and labor in the United States supports
each ofthe patents asserted in this investigation. The substantial investment ofmilkons ofdokars
incurred by PBL in developing, acquiring, and installing the technology and equipment that is
utilized in its manufacturing facikty is devoted solely to producing the Clarisonic System,
components of which are embodied in the patents and trade dress asserted herein.
Economic ProngSubstantial Investment inthe Exploitation ofPBL's
Patented Technologies
255. Because PBL's primary business is the development, design, manufacture, marketing
and sale ofthe Clarisonic System, and its various elements, and because ak ofthe Asserted Patents in
this investigation pertain to the Clarisonic System, nearly ak ofPBL's business activities constitute
exploitation of the Asserted Patents. In 2013 alone, PBL spent significant amounts in research and
development of the Clarisonic System. Hennessy Deck (Exhibit 37), fflf 20-22.
256. The '691, '906, and D'809 Patents play an important role in the Clarisonic System's
market success because the claimed technology is incorporated into its Mia, Pro, Plus, and Smart
Profile product knes. See, e.g., Exhibits 27DD-27FF.
-56-
'.(W ^^sj?*S!3as'Wfc.amjyst
257.
The Clarisonic Trade Dress plays an important role inthe
success because it identifies PBL as the sole
Clarisonic System's market
source and distinguishes the Clarisonic Pro/Plus from
ak other electric skin.care brushes.

258.
PBL has made and continues
to make substantial ongoing investments in its
Clarisonic System that exploits theAsserted Patents. See Hennessy Ded. (Exhibit 37p, 1fi[ 16-25.
259.
PBL conducted privateand university-based clinical studies across the United States
prior to commercially releasing the Clarisonic System. Hennessy Deck (Exhibit 37), \ 29. Since that
time, PBL has continued to kivest inresearch and development of the Clarisonic System, including
launching new cknical studies. As a result of those cknical studies, the range of appkcabikty
demonstrated by Clarisonic has expanded s.ignificantly. Id.
260.
PBL has spent a significant amount of money to estabksh itself in th'e United States
!
i
marketplace and to create a United States market:for its high-technology, distinctively designed sonic
skin care brush. PBL devotes significant resources:to creating consumer awareness jand expanding
the market for sonic skin care through dkrect- to-consumer advertising.
Hennessy D|ed. (Exhibit 37),
f 30. In 2007, PBLlaunched its first: national advertising campaign, and launched ajnew dkect-to-
consumer campaign involving television,
io, and print media inmid-2007. PBL's United States-
radio.
based advertiskig personnel are continuaky evaluatkig and revising PBL's marketing* strategy. Over
the last three years, PBL has initiated sseveral newadvertising rok-outs in the Unitedj, States,
i
employing the most modern channels {e.g. social media, television, Twitter andFacbbook) and
f
expanding demographics. From2011 throwgh 2013, PBL spent millions on pure advertising to
bukd awareness of the Clarisonic System in
the United States and internationally, ijlennessy Ded.
(Exhibit 37),fflf 30-31.
261. , PBL's Clarisonic System ha's been widely acclaimed byprofessionals and consumers
alike, and has garnered many beauty product awards from authoritative magazines in the beauty
-57-
industry, such as Oprah Winfrey Show, Best of Sephora in 2007 and 2008, QVC Customer Choice
in 2008, 2009, 2010 and 2012, and Akure (magazine)'s Best ofBeauty in 2012 and Beauty
Breakthrough Award in 2010. Hennessy Deck (Exhibit 37), 1f 33. PBL was named to Inc. 500's
Fastest Growing Private Companies List in 2010. Hennessy Deck (Exhibit 37), 1f 34. The success
of the Clarisonic System has spurred alarge number of knock-off products, such as tiiose accused
herein.
D.
Injury to Domestic Industry
262.
Trade Dress Respondents' misappropriation ofthe Clarisonic Trade Dress has
threatened and caused, and wkl continue to threaten and cause, substantial injury to PBL's domestic
industry for the Clarisonic Pro/Plus System.
263. The simkarity of the infringing products, the large number ofinfringers and the wide
distribution channels through which infringing products are and wik be sold have also damaged, and
wkl continue to damage, Clarisonic's reputation and brand image due to consumer confiision and
wik continue to deprive PBL of the abikty to control the quakty ofproducts attributed to it.
264. Infringing products continue to be introduced for sale at large volume distributors,
including Amazon.com. The expanded presence of those infringing products in retak and
commercial channels is kkely to adversely impact consumers' views of the Clarisonic Pro/Plus
products, as aresult of the confusion that kievitably wik fokow. Ifpermitted to continue, the
infringing products are likely to have asubstantial impact on pricing and sales of Clarisonic Pro/Plus
products. Examples ofinfringing products sold in the United States at substantiaky reduced prices
have akeady been found:
C II". OIVLt I 11 i I'l 11
Episonic (knock-off)
UltraClear (knock-off)
Anzikang Dione (knock-off)
..-.>:
IPZ.Z.J
$95(Êx.7Al)-$129
$86.00 {See Ex. 7B1)
$85.99 {See Ex. 7E1)
-58-
!r^^wv^m^^^r^?w^''^s'^s^^^S7!m^^^
265.
PBLhas spentconsiderable time, money, effort and resources
developing the
isonic Trade Dress that unmistakably identifies PBL as

Clarisonic Pro/Plus products soldin the Claris
!
effort
and
investment,
bukt
a
successful
product
kne that
the source, and has, throughits substantial
i
stands out and is distinguished from the comipetition by the Clarisonic Trade Dress in the highly
competitive facial skincare market. PBL's good name andreputation ride on each sale thatattributes
the quakty of the purchased product to PBL Trade Dress Respondents' use oftrade dress thatis
kkely to be confused with Clarisonic Trade JDress has removed control over the quakty of the
products attributable toPBL and has placed PBL's reputation in the hands ofTrade Dress
Respondents, each a competitor. For example. theDione products have copied theClarisonic
Pro/Plus down to the detak of including Claris onic's patent numbers onits device inthe wheel hub
region ("The fokowing patents may apply: ,157,816; 7320,691; 7,386,906; 7,786,626"). Moreover,
the consuming pubkc is entitled to a markeiplace free of confusion and deception.
266.
In marketing and selkng Trade Dress Respondents' products, Trade'Dress
Respondents have gone far beyond fak corepetition, and seek to trade on and profijt from PBL's
efforts and investments without using thek own resources,investing thek own time or money, or
exerting any creative effort of thek own Tirade DressRespondents have kitentionaky
misappropriated PBL's goodwik by infringin.g the Clarisonic Trade Dress. Absent an exdusion
order, Trade Dress Respondents wik benefit at the expense of PBL's many years ofinvestment,
willingness to take risks and hard work.

267.
Should Trade Dress Respondents:'products be inferior to PBL's products, or create

I
danger for the consumer, the damage to PBL's reputation and goodwik wik be even more
devastating.
-59-
268. The Clarisonic Plus and Clarisonic Pro devices have enjoyed great sales growth from
their introduction, but sales have decreased in recent years with the appearance of knock-off
products in the marketplace. Hennessy Ded: (Exhibit 37),H 42. Despite substantial investment in
its domestic industry,,this decrease in sales coincides with the recent appearance of knock-off
products in the marketplace. Id. PBL is not aware ofany reason for its sales to have decreased
other than the presence ofproducts that appear to be exact copies. Ifsales continue to deckne, PBL
may have to reduce its workforce associated with the Clarisonic products and to reduce investment
in research and development.
XII.
GENERAL EXCLUSION ORDER
269.
On information and bekef, there are many other infringing devices similar to those
of Proposed Respondents specificaky identified in this Complaint. Herein, PBL has.sought to

identify the Proposed Respondents about which it has specific evidence ofimportation into and
sales within the United States and which conduct is, on information and bekef, most adversdy
impacting the relevant^domestic industry by way of sales of products, that infringe PBL's kitekectiial
property and/or constitute unfak methods ofcompetition.
270. Because ascertaining the identity ofnumerous, unnamed thkd party infringers is
difficult, ifnot impossible, ageneral exclusion orderis necessary to fuky protect PBL, the domestic
industry and the consuming pubkc.
271.
Entry into the market for the relevant devices is relatively easy due, in part, to the
ease ofmanufacturing infringing devices and because the lead time needed tomanufacture
infringing devices is relatively short. Moreover, the start-up costs for manufacturing substantial
quantities ofinfringing devices is relatively modest.
-60-
BfjWBsaasy tJ' i."ifîW^f"ussR?
XIII.
RELIEF
272.
By reason of the foregoing, PBL requests that the United States International Trade
Commission:
(a)
institute an immediate:investigation pursuant to Section 337, as amended,
with respect to violations of thatsection based on the unlawful importation into the United States,
i
the sale forimportation or the sale within the United States afterimportation by Proposed
t
Respondents of certain electric skin care devices,, brushes and chargers therefor, and! kits containing
same, thatinfringe claims of the vakd and enforceable '961 Patent, '906Patent, D'809 Patent;
and/or the Clarisonic Trade Dress;
. more than fifteen months;
(b)
seta target date of
(c)
schedule and conduct:a hearing on said unlawful acts and, fokowing said
(d)
issue a permanent g.;eneral exclusion order under 19 U.S.C. 1337(d) to
no
hearing;
exclude theimportation and entry into the United States of electric skin care devices, brushes and
chargers therefor, and kits containing same thatinfringe the'961 Patent, '906 Patent, D'809 Patent;
and/or the Clarisonic Trade Dress;
(e)
issue permanent cease and desist orders to Respondents under 19 U.S.C.

f
1337(f) directing Respondents to cease and desist the importation, sale, offering for sale, marketing,
t-
advertising, distribution, transfer or ssokcitation of United States distributors, dealers, agents or the
like ofimported products thatinfringe the 961 Patent, '906 Patent, D'809 Patent, and/or the
Clarisonic Trade Dress;
(f)
impose a bond up'o niRespondents who continue toimport infringing articles
during the 60-day Presidential Review period.per 19 U.S.C. 13370); and
-61-
(g)
grant such other and further rekef as the Commission deems just and proper
based on the facts determined by the investigation and the authority of the Commission.
Dated: April 30, 2015
Respectfuky submitted,
Attorneysfor Complainant
Pacific Bioscience Laboratories, Inc.
Robert M. Masters
Timothy P. Cremen
PAUL HASTINGS LLP
875 15th St NW

Tel: (202)551-1700
Fax: (202)551-1705
[email protected]
[email protected]
Robert L. Sherman
Natake G. Furman
PAUL HASTINGS LLP

75 East 55th Street
New York, NY 10022-
Tel: (212)318-6000
Fax: (212)318-6847
[email protected]
[email protected]
-62-
!^S^B3SSW!S5W(KB,pll
v i>mm>%>gxpy?Fpi
Verification, of Copiplaint
I, Robert Hennessy, declare, in accordance; with 19 CF.R. 210.4 and 210.12(a), under penalty
ofperjury, thatthe following statements are true:
ofComplainant Pacific Bioscience Laboratories, Inc.

Complaint
onbehalf of Complainant;
and am dulyauthorized to sign thi:s
1. I am Senior Vice President Finance
2. I have readthe foregoing Complaint

3. To the best of my knowledge, information., and belief, the foregoing Complaint iswell-
for the
founded in fact and is warranted bjy existing law or by a non-frivolous argument
new law;
extension, modification, or reversal of existing law or the establishment of
4. The allegations andother factual contentions in the Complaint have eviderftiary support
or, ifspecifically so identified, anj likely to have evidentiary support after a reasonable
atit>n or discovery; and

opportunity for farther investigati
5. The foregoing Complaint is not being presented for an improper purpose, such as to
harass or to cause unnecessary de! ayorneedless
Executed on: April ^, 2015
increase in the cost oflitigation.
-^
Robert Hennessy
Senior Vice President Finance
Pacific Bioscience Laboratories, Inc!

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PAUL

April 30, 2015

Int'l Trade Commission

The Honorable Lisa R. Barton

CERTAIN ELECTRIC SKIN CARE DEVICES, BRUSHES AND CHARGERS

THEREFOR, AND KITS CONTAINING SAME

(ITC Inv. No. 337-TA-

Dear Secretary Barton:

documents in support of Complainant's request that the Commission commence an investigation

(8) copies of the verified Complaint (Rulp 210.8(a)(1)(i));

2. One copy, on CD, of the Non Confidential

Exhibits, including public versio'ns of the

Compaint (Rule 210.8(a)(1)(i));

4. One physical sample of each accused product, as identified in the Complaint;

confidential, one each for service upon the proposed Respondents

(Rules 210.8(a)(1)(iii) and 210.11 (a)(1));

Isifael, Korea, and the United Kingdom (Rules 210.8(a)(i)(iv)

the Complaint as Exhibits 1-3 (R^ile 210.12(a)(9)(i));

Paul Hastings LLP I 875 15th Street, N.W. I Washington, DC 20005

April 30, 2015

875 15th Street, NW

April 30, 2015

United States International Trade Commissioi)

CERTAIN ELECTRIC SKIN CARE DEVICES, BRUSHES AND CHARGERS

THEREFOR, AND KITS CONTAINING SAME

(ITC Inv. No. 337-TA-

Dear Secretary Barton:

Laboratores, Inc. (hereinafter "Complainant"). In accordancewith 19

and U.S. Design Patent No. D523.809 in the United States.

It is not available to the public;

position of Complainant; and

The disclosure of this information

could impair the Commission's ability to obtain information

necessary to perform its statutory functions.

Paul Hastings LLP I 875 15th Street, N.W. I Washington, DC20005

of PAUL HASTINGS LLP

875 15th Street, NW

UNITED STATES INTERNATIONAL TRADE COMMISSION

In the Matter of:

CERTAIN ELECTRIC SKIN CARE

DEVICES, BRUSHES AND CHARGERS

Inv. No. 337-TA-

THEREFOR, AND KITS CONTAINING

pttrt Tr TNTEREST STATEMENT

Complainant Pacific Bioscience Laboratories, Inc. ("PBL") respectful!}

favors the protection ofU.S. intellectual property

rights by excluding infringing imports." (Pertain Two-Handle Centerset Faucets and

No. 337-TA-422, USITC Pub. 33b, 2000 ITC

or selling the same.

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brushheads, and chargers are as safe and effective as possible.

Many ofthe accused products

little resources on research and development of safe and effective devices.

In addition, as discussed in more

Retail below, should the accused products be excluded

furthers the public interests of health, safety

v. Int'l Trade Comm'n, 629 F.3d 1331,1360 (Fed.

important health or welfare need").

components of the Clarisonic system in volume.

in a commercially reasonable time, it can

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