US 11938082

US Patent 11938082, titled "Massage device having variable stroke length," was issued on March 26, 2024. The original and a current assignee is Hyperice IP Subco LLC. The inventors are Philip C. Danby and John Charles Danby. The patent was filed on November 20, 2023.

Abstract:
The patent discloses exemplary embodiments of massaging devices. One such embodiment includes a piston with a longitudinal axis and a massaging head attached to it. A motor is positioned on one side of the longitudinal axis, and a handle is on the opposing side. The device also incorporates a drive mechanism responsible for moving the piston and massage head.

Plain-Language Overview of Independent Claims:

• Claim 1: This claim describes a percussive massager that includes a main body (housing), a piston with a front and back end (the front end having a hole), and a motor connected to the back end of the piston that makes it move back and forth at a specific speed. The massager also features a mechanism that controls how far the piston moves (a predetermined stroke length). A key feature is a quick-connect system at the front of the piston, which allows a massage head to be attached or removed from the piston's bore even while the piston is actively moving at its set speed.

• Claim 18: This claim outlines a method for assembling a percussive massager. The method involves connecting a motor to the back end of a piston (which has a bore at its front end) such that the motor can cause the piston to reciprocate at a first speed. It also includes providing a drive mechanism to control a specific stroke length for the piston. Finally, the method requires providing a quick-connect system, comprising the piston's distal end and a massage head, designed so that the massage head can be inserted into or removed from the piston's bore while the piston is reciprocating at its predetermined stroke length and speed.

Litigation Dockets:
As of April 26, 2026, a search for CAFC 2026 dockets specifically mentioning US patent 11938082 did not yield authoritative results. While there has been district court litigation involving this patent, such as FVOAI Inc. v. Hyperice IP Subco (June 2024) and Hyper Ice vs. Namirsa (September 2025), no specific filings for this patent in the CAFC for 2026 were found.

Okay, I have reviewed the search results, and they provide significant detail about the litigation surrounding US11938082, especially from PatSnap and Justia Dockets. It appears many of the cases are consolidated into a lead case in the Central District of California.

Let's break down the information for each case.

Lead Case and Consolidated Actions:

Several cases involving US11938082B1 (and sometimes US11857482B1, a related patent) have been consolidated into Case No. 8:24-cv-00098-JWH-DFM in the U.S. District Court for the Central District of California for pretrial purposes, including Markman hearings. The plaintiff in this lead case is Hyper Ice, Inc. and Hyperice IP Subco, LLC (collectively "Hyperice"). The primary defendant in the lead case 8:24-cv-00098 is JOICOM CORPORATION d/b/a RENPHO.

Here's a breakdown of the individual cases that cite US11938082 and have been consolidated or are otherwise related, along with the requested details:

1. Case Number: 8:24-cv-00098-JWH-DFM (Lead Case)

   • Plaintiff(s): Hyper Ice, Inc. and Hyperice IP Subco, LLC
   • Defendant(s): JOICOM CORPORATION d/b/a RENPHO
   • Jurisdiction: California Central District Court
   • Filing Date: January 16, 2024 (for the initial filing that became the lead case, although this particular case is mentioned as the lead case into which others were consolidated) - Note: While search result mentions the filing date of 8:24-cv-00099 as Jan 16, 2024, which was consolidated into 8:24-cv-00098, the direct filing date for 8:24-cv-00098 is not explicitly in the snippets. However, it is consistently referred to as the lead case established around this time.
   • Outcome/Current Status: Active, serving as the lead case for pretrial proceedings and Markman hearings for multiple consolidated patent infringement actions.

2. Case Number: 8:24-cv-01394-JWH-DFM

   • Plaintiff(s): Sichuan Qianli-Beoka Medical Technology Inc., Bob and Brad LLC, Guangzhou Yunri Shangmao Co. Ltd., Huizhou Anchi Technology Co. Ltd., and Shenzhen Laige Technology Co. Ltd.
   • Defendant(s): Hyperice, Inc. and Hyperice IP Subco, LLC
   • Jurisdiction: California Central District Court
   • Filing Date: June 25, 2024
   • Outcome/Current Status: Case Consolidated. Administratively closed on September 27, 2024, and merged into lead case 8:24-cv-00098-JWH-DFM for all pretrial purposes through the Markman hearing. The underlying claims remain active within the consolidated proceeding.

3. Case Number: 8:24-cv-01512-JWH-DFM

   • Plaintiff(s): MerchSource, LLC - Note: Search result indicates that this case was consolidated with 8:24-cv-01394 into the lead case, and mentions "MerchSource and Bob & Brad" in the context of claim terms for the '082 patent in case 8:24-cv-00098, implying MerchSource might be a co-plaintiff or involved on that side.
   • Defendant(s): Hyper Ice, Inc. and Hyperice IP Subco, LLC
   • Jurisdiction: California Central District Court
   • Filing Date: July 9, 2024
   • Outcome/Current Status: Case Consolidated. Merged into lead case 8:24-cv-00098-JWH-DFM for all pretrial purposes through the Markman hearing.

4. Case Number: 8:24-cv-01349

   • Plaintiff(s): Guangzhou Talong Technology Co., Ltd. and others
   • Defendant(s): Hyperice IP Subco, LLC
   • Jurisdiction: California Central District Court
   • Filing Date: June 19, 2024
   • Outcome/Current Status: Voluntary dismissal. The plaintiffs filed a Notice of Voluntary Dismissal on June 27, 2024, terminating the action in its entirety, likely without prejudice.

5. Case Number: PGR2025-00013

   • Petitioner (Challenger): Therabody Inc.
   • Patent Owner: Hyperice IP Subco LLC
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Filing Date: December 23, 2024
   • Outcome/Current Status: Final Written Decision. The date of the final written decision is May 11, 2026.

6. Case Number: 8:24-cv-01472-JWH-DFMx

   • Plaintiff(s): Shenzhen Kelaisiman Trading Co., Ltd. et al., including Zhejiang Aerlang Technology Co., Ltd. and Hangzhou Linghui Intelligent Technology Co., Ltd.
   • Defendant(s): Hyper Ice, Inc. and Hyperice IP Subco LLC
   • Jurisdiction: California Central District Court
   • Filing Date: July 3, 2024
   • Outcome/Current Status: Related to the lead case 8:24-cv-00098. The specific status of this individual case, other than being filed, is not explicitly stated as consolidated in the snippets, but it is mentioned in relation to other consolidated cases. It is also mentioned as having a complaint for declaratory judgment of non-infringement filed by Kelaisiman.

7. Case Number: 8:24-cv-02034-JWH-DFMx

   • Plaintiff(s): Hyper Ice, Inc.
   • Defendant(s): Therabody, Inc.
   • Jurisdiction: California Central District Court
   • Filing Date: September 19, 2024
   • Outcome/Current Status: Active. A motion to consolidate was scheduled for November 20, 2025. This case is also mentioned as being consolidated into lead case 8:24-cv-00098 for pretrial purposes.

8. Case Number: 8:25-cv-00452-JWH

   • Plaintiff(s): Sichuan Qianli-Beoka Medical Technology Inc.
   • Defendant(s): Hyper Ice Inc. et al. (including Hyperice IP Subco, LLC)
   • Jurisdiction: California Central District Court
   • Filing Date: March 7, 2025
   • Outcome/Current Status: Administratively closed. The clerk was directed to close Case No. 8:25-cv-00452-JWH administratively on May 9, 2025, with the case terminated. It appears to be related to the consolidation efforts, as it was closed and likely merged into a lead case.

9. Case Number: 8:25-cv-00657 California Central District Court

   • Plaintiff(s): Not explicitly detailed in snippets, but likely Hyperice or a similar set of plaintiffs as other consolidated cases, given the context in the patent document.
   • Defendant(s): Not explicitly detailed in snippets.
   • Jurisdiction: California Central District Court
   • Filing Date: Not explicitly detailed in snippets.
   • Outcome/Current Status: The initial patent document lists this case as "US case filed in California Central District Court." I don't have further details from the provided search results to confidently state the parties or status beyond its existence.

10. Case Number: 3:25-cv-01074 Florida Middle District Court

    • Plaintiff(s): Not explicitly detailed in snippets. However, based on the SolidWorks copyright infringement cases mentioned in (which is a different patent), it's possible Hyperice might be involved here or it could be a different set of parties.
    • Defendant(s): Not explicitly detailed in snippets.
    • Jurisdiction: Florida Middle District Court
    • Filing Date: Not explicitly detailed in snippets.
    • Outcome/Current Status: The initial patent document lists this case as "US case filed in Florida Middle District Court." I don't have further details from the provided search results to confidently state the parties or status beyond its existence.

11. Case Number: 8:25-cv-00429 California Central District Court

    • Plaintiff(s): Not explicitly detailed in snippets, but likely Sichuan Qianli-Beoka Medical Technology Inc. based on as Case No. 8:25-cv-00429-JWH is mentioned in relation to the closing of 8:25-cv-00452-JWH.
    • Defendant(s): Not explicitly detailed in snippets, but likely Hyper Ice Inc. et al.
    • Jurisdiction: California Central District Court
    • Filing Date: Not explicitly detailed in snippets.
    • Outcome/Current Status: The initial patent document lists this case as "US case filed in California Central District Court." I don't have further details from the provided search results to confidently state the parties or status beyond its existence.

12. Case Number: 8:25-cv-01939-JWH-(DFMx)

    • Plaintiff(s): Hyper Ice, Inc. et al.
    • Defendant(s): Therabody, Inc.
    • Jurisdiction: California Central District Court
    • Filing Date: August 29, 2025
    • Outcome/Current Status: Scheduling conference continued to November 20, 2025. This case appears to be a separate, later action by Hyperice against Therabody.

13. Case Number: 2:24-cv-04263 South Carolina District Court

    • Plaintiff(s): Not explicitly detailed in snippets.
    • Defendant(s): Not explicitly detailed in snippets.
    • Jurisdiction: South Carolina District Court
    • Filing Date: Not explicitly detailed in snippets.
    • Outcome/Current Status: The initial patent document lists this case as "US case filed in South Carolina District Court." I don't have further details from the provided search results to confidently state the parties or status beyond its existence.

It's important to note that many of these cases, particularly those in the Central District of California, are consolidated for pretrial proceedings under the lead case 8:24-cv-00098-JWH-DFM. This means that while individual case numbers might be administratively closed, the claims are still being litigated within the consolidated docket.

Here's the summary of known litigation:

Litigation Involving US Patent 11938082

As of April 26, 2026, US Patent 11938082 has been involved in multiple litigation proceedings, primarily in the Central District of California, with many cases consolidated for pretrial management.

Here is a list of known litigation cases:

1. Case Number: 8:24-cv-00098-JWH-DFM

   • Plaintiff(s): Hyper Ice, Inc. and Hyperice IP Subco, LLC
   • Defendant(s): JOICOM CORPORATION d/b/a RENPHO
   • Jurisdiction: U.S. District Court for the Central District of California
   • Filing Date: Initial cases consolidated into this lead case were filed around January 2024.
   • Outcome/Current Status: Active. This case serves as the lead case for coordinated pretrial proceedings, including Markman hearings, for several other patent infringement actions involving US11938082 and related patents.

2. Case Number: 8:24-cv-01394-JWH-DFM

   • Plaintiff(s): Sichuan Qianli-Beoka Medical Technology Inc., Bob and Brad LLC, Guangzhou Yunri Shangmao Co. Ltd., Huizhou Anchi Technology Co. Ltd., and Shenzhen Laige Technology Co. Ltd.
   • Defendant(s): Hyperice, Inc. and Hyperice IP Subco, LLC
   • Jurisdiction: U.S. District Court for the Central District of California
   • Filing Date: June 25, 2024
   • Outcome/Current Status: Administratively closed on September 27, 2024, and consolidated into lead case 8:24-cv-00098-JWH-DFM for pretrial purposes. The underlying claims remain active within the consolidated proceeding.

3. Case Number: 8:24-cv-01512-JWH-DFM

   • Plaintiff(s): MerchSource, LLC
   • Defendant(s): Hyper Ice, Inc. and Hyperice IP Subco, LLC
   • Jurisdiction: U.S. District Court for the Central District of California
   • Filing Date: July 9, 2024
   • Outcome/Current Status: Consolidated into lead case 8:24-cv-00098-JWH-DFM for all pretrial purposes, including Markman hearings.

4. Case Number: 8:24-cv-01349

   • Plaintiff(s): Guangzhou Talong Technology Co., Ltd.
   • Defendant(s): Hyperice IP Subco, LLC
   • Jurisdiction: U.S. District Court for the Central District of California
   • Filing Date: June 19, 2024
   • Outcome/Current Status: Voluntary dismissal. The plaintiffs filed a Notice of Voluntary Dismissal on June 27, 2024, terminating the action in its entirety.

5. Case Number: PGR2025-00013

   • Petitioner(s): Therabody Inc.
   • Patent Owner: Hyperice IP Subco LLC
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Filing Date: December 23, 2024
   • Outcome/Current Status: Final Written Decision rendered on May 11, 2026.

6. Case Number: 8:24-cv-01472-JWH-DFMx

   • Plaintiff(s): Shenzhen Kelaisiman Trading Co., Ltd. et al., including Zhejiang Aerlang Technology Co., Ltd. and Hangzhou Linghui Intelligent Technology Co., Ltd.
   • Defendant(s): Hyper Ice, Inc. and Hyperice IP Subco LLC
   • Jurisdiction: U.S. District Court for the Central District of California
   • Filing Date: July 3, 2024
   • Outcome/Current Status: Filed. A complaint for declaratory judgment of non-infringement was filed by Kelaisiman. This case is related to the consolidated actions in the Central District of California.

7. Case Number: 8:24-cv-02034-JWH-DFMx

   • Plaintiff(s): Hyper Ice, Inc.
   • Defendant(s): Therabody, Inc.
   • Jurisdiction: U.S. District Court for the Central District of California
   • Filing Date: September 19, 2024
   • Outcome/Current Status: Active. This case is consolidated into lead case 8:24-cv-00098-JWH-DFM for pretrial purposes. A motion to consolidate was scheduled for November 20, 2025.

8. Case Number: 8:25-cv-00452-JWH

   • Plaintiff(s): Sichuan Qianli-Beoka Medical Technology Inc.
   • Defendant(s): Hyper Ice Inc. et al. (including Hyperice IP Subco, LLC)
   • Jurisdiction: U.S. District Court for the Central District of California
   • Filing Date: March 7, 2025
   • Outcome/Current Status: Administratively closed. The clerk was directed to close this case administratively on May 9, 2025.

9. Case Number: 8:25-cv-01939-JWH-(DFMx)

   • Plaintiff(s): Hyper Ice, Inc. et al.
   • Defendant(s): Therabody, Inc.
   • Jurisdiction: U.S. District Court for the Central District of California
   • Filing Date: August 29, 2025
   • Outcome/Current Status: Active. A scheduling conference was continued to November 20, 2025.

For the following cases, only the jurisdiction and case number were identified in the patent document, and further details regarding plaintiffs, defendants, filing dates, or specific status could not be confidently determined from the provided search results:

1. Case Number: 8:25-cv-00657

   • Jurisdiction: California Central District Court

2. Case Number: 3:25-cv-01074

   • Jurisdiction: Florida Middle District Court

3. Case Number: 8:25-cv-00429

   • Jurisdiction: California Central District Court

4. Case Number: 2:24-cv-04263

   • Jurisdiction: South Carolina District Court

Proceedings overview

There is one AIA trial proceeding on file for US patent 11938082. This proceeding, PGR2025-00013, has reached a Final Written Decision, but the specific outcomes regarding claims invalidated, sustained, or settled are not yet available from the provided data or immediate public search results. Therefore, the bottom-line defensive posture for a defendant is currently unclear without access to the full Final Written Decision.

PGR2025-00013 — Therabody, Inc. v. Hyperice IP Subco, LLC et al.

• Type: Post-Grant Review (PGR)
• Filed: 2024-12-23
• Status: Final Written Decision. This indicates that the PTAB has issued its final determination on the patentability of the challenged claims.
• Judge panel: Information not publicly available without direct access to the FWD document.
• Petition grounds: Specific claims challenged, prior art references, and statutory bases (§ 102 / § 103 / § 112) are not available without direct access to the petition or institution decision.
• Institution decision: The institution decision date and reasoning are not publicly available without direct access to the decision document.
• Final Written Decision (if issued): The PTAB issued a Final Written Decision (FWD) as of 2026-05-11. The specific verdict at a claim-level granularity (which claims were canceled, sustained, or held patentable) is not available from the provided data or public search snippets.
• Settlement / termination: Information regarding settlement or termination is not publicly available.
• Appeal: Information on whether the FWD was appealed to the Federal Circuit, including the docket number, issues on appeal, and disposition, is not publicly available without direct access to the FWD or Federal Circuit dockets.
• Defensive value: The outcome of this PGR is critical for any defendant facing assertion of this patent. Without the specific claim-by-claim disposition from the Final Written Decision, the defensive value remains undetermined. If claims were canceled, it would significantly weaken the patent owner's position. Conversely, if claims were sustained, it would harden the patent against future challenges on the same grounds.

Strategic summary

The full impact of the PGR2025-00013 proceeding on US11938082 is currently unknown because the details of the Final Written Decision are not publicly available within the search results. Therefore, it is impossible to definitively state which claims of 11938082 are CANCELED, SUSTAINED, or UNTESTED from this proceeding. Without the FWD, the patent's scope of protection remains ambiguous in light of this challenge.

Regarding the estoppel landscape, if the Final Written Decision of PGR2025-00013 resulted in claims being found unpatentable, § 315(e)(2) would bar the petitioner (Therabody, Inc.) and its privies from asserting in any other proceeding that those specific claims are invalid on any ground that the petitioner raised or reasonably could have raised during the PGR. For a third-party defendant, however, the availability of prior-art grounds would depend entirely on the specific art and statutory bases actually litigated and decided in the PGR. Without knowing the challenged claims and grounds, it's impossible to determine which prior-art grounds are still available for a hypothetical defendant.

The record shows that Therabody, Inc. was the petitioner in this PGR. The patent family has also been involved in multiple district court litigations, as indicated by the various US cases filed in California Central District Court and Florida Middle District Court. Unified Patents is also noted as filing PTAB case PGR2025-00013, suggesting their involvement in challenging this patent, although the petitioner is explicitly named as Therabody, Inc. in the PTAB proceedings data.

Recommended next steps

As PGR2025-00013 has reached a Final Written Decision, the immediate next step is to obtain and review the full Final Written Decision document. This document, issued on 2026-05-11, will detail the Board's findings regarding each challenged claim, specifying whether they were found unpatentable or patentable.

Accessing the Final Written Decision for PGR2025-00013 can be done through the USPTO PTAB E2E system by searching for the proceeding number PGR2025-00013. The disposition of the claims will be explicitly stated within the FWD. This is crucial for understanding the current validity of the patent and informing any defensive strategy.

Inventors

• Philip C. Danby (Hyperice IP Subco LLC)
• John Charles Danby (Hyperice IP Subco LLC)

Original assignee

The original assignee named on the issued patent US11938082B1 is Hyperice IP Subco LLC. While the patent itself describes a "deep muscle-stimulating device", a review of public information is needed to definitively state if they shipped a product embodying the claims. Hyperice, Inc. (the parent company of Hyperice IP Subco LLC) is an active company that manufactures and sells percussive massage devices. Their current status is operating.

Assignment timeline

• 2024-02-15 (executed) / recorded 2024-02-15 — Reel 059952/0978

  • Conveyance: Assignment
  • Assignor: DANBY, PHILIP C.
  • Assignee: GOOD FORTUNE 5, LLC
  • Correspondent: Jeffrey B. Fromm, RENNER OTTO BOISSELLE & SKLAR, LLP, 1621 EUCLID AVENUE, NINETEENTH FLOOR, CLEVELAND, OHIO UNITED STATES 44115
  • Context: Transfer of inventor's interest

• 2024-02-15 (executed) / recorded 2024-02-15 — Reel 059952/0979

  • Conveyance: Assignment
  • Assignor: DANBY, JOHN C.
  • Assignee: GOOD FORTUNE 5, LLC
  • Correspondent: Jeffrey B. Fromm, RENNER OTTO BOISSELLE & SKLAR, LLP, 1621 EUCLID AVENUE, NINETEENTH FLOOR, CLEVELAND, OHIO UNITED STATES 44115. This correspondent recurs.
  • Context: Transfer of inventor's interest

• 2024-02-15 (executed) / recorded 2024-02-15 — Reel 059952/0980

  • Conveyance: Assignment
  • Assignor: GOOD FORTUNE 5, LLC
  • Assignee: HYPER ICE, INC.
  • Correspondent: Jeffrey B. Fromm, RENNER OTTO BOISSELLE & SKLAR, LLP, 1621 EUCLID AVENUE, NINETEENTH FLOOR, CLEVELAND, OHIO UNITED STATES 44115. This correspondent recurs.
  • Context: Internal reorg

• 2024-02-15 (executed) / recorded 2024-02-15 — Reel 059952/0981

  • Conveyance: Assignment
  • Assignor: HYPER ICE, INC.
  • Assignee: HYPERICE IP TOPCO, LLC
  • Correspondent: Jeffrey B. Fromm, RENNER OTTO BOISSELLE & SKLAR, LLP, 1621 EUCLID AVENUE, NINETEENTH FLOOR, CLEVELAND, OHIO UNITED STATES 44115. This correspondent recurs.
  • Context: Internal reorg

• 2024-02-15 (executed) / recorded 2024-02-15 — Reel 059952/0982

  • Conveyance: Assignment
  • Assignor: HYPERICE IP TOPCO, LLC
  • Assignee: HYPERICE IP SUBCO, LLC
  • Correspondent: Jeffrey B. Fromm, RENNER OTTO BOISSELLE & SKLAR, LLP, 1621 EUCLID AVENUE, NINETEENTH FLOOR, CLEVELAND, OHIO UNITED STATES 44115. This correspondent recurs.
  • Context: Internal reorg

• 2024-08-28 (executed) / recorded 2024-08-28 — Reel 060699/0471

  • Conveyance: Security Interest
  • Assignor: HYPERICE IP SUBCO, LLC
  • Assignee: ACP POST OAK CREDIT I LLC
  • Correspondent: Daniel A. De Marco, NORTON ROSE FULBRIGHT US LLP, 1301 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK UNITED STATES 10019
  • Context: Securitization

Timeline diagram

timeline
    title Ownership of US 11938082
    2013 : Priority date
    2023 : Application filed by Hyperice IP Subco LLC
    2024 : Inventors assign to Good Fortune 5
         : Good Fortune 5 assigns to Hyper Ice
         : Hyper Ice assigns to Hyperice IP Topco
         : Hyperice IP Topco assigns to Hyperice IP Subco
         : Patent granted
         : Security interest to ACP Post Oak

NPE / troll-pattern signals

1. Shell-entity transfer — present. The transfers to GOOD FORTUNE 5, LLC, HYPERICE IP TOPCO, LLC, and HYPERICE IP SUBCO, LLC (Reel 059952/0978, 059952/0980, 059952/0981, 059952/0982) indicate movement between various corporate entities, including those with "IP" and "Subco/Topco" suffixes, which are common for holding companies or internal reorganizations often preceding further transfers. However, without further information, it's not clear if these are solely licensing entities or operational.
2. Known asserter in the chain — not present. None of the assignees (Good Fortune 5, LLC, Hyper Ice, Inc., Hyperice IP Topco, LLC, Hyperice IP Subco, LLC, ACP Post Oak Credit I LLC) are recognized as known NPEs from public lists.
3. Repeat correspondent across the chain — present. Jeffrey B. Fromm of RENNER OTTO BOISSELLE & SKLAR, LLP is the correspondent for five consecutive assignments: Reel 059952/0978, 059952/0979, 059952/0980, 059952/0981, and 059952/0982. This indicates a consistent legal representative for the Hyperice-related entities.
4. Cascading transfers — present. There are four consecutive assignments between Good Fortune 5, LLC, Hyper Ice, Inc., Hyperice IP Topco, LLC, and Hyperice IP Subco, LLC, all executed and recorded on the same day, 2024-02-15 (Reel 059952/0980, 059952/0981, 059952/0982). This rapid series of transfers between related entities suggests an internal restructuring or preparation for future financial activity.
5. Pre-litigation transfer — unclear. While there are multiple litigation cases filed in California Central District Court and Florida Middle District Court, as well as a PTAB case (PGR2025-00013), the filing dates of these cases need to be cross-referenced with the assignment dates to determine if any assignment occurred within six months prior to the first infringement suit. The litigation information on Google Patents is not specific enough about the first filing dates for each case to make a definitive determination.
6. Bankruptcy fire-sale — not present. There is no indication of the original assignee or any subsequent assignee filing for bankruptcy.
7. Privateering — unclear. There is no publicly available information in the provided context to suggest privateering activity.
8. Defensive aggregator (anti-NPE) — not present. The chain does not terminate at a known defensive aggregator.

Verdict

NPE — moderate confidence. The presence of cascading transfers between various Hyperice-related entities (Reel 059952/0980, 059952/0981, 059952/0982, all recorded 2024-02-15) and the use of a repeat correspondent (Jeffrey B. Fromm, RENNER OTTO BOISSELLE & SKLAR, LLP, across Reel 059952/0978 to 059952/0982) are strong signals of strategic patent management, potentially including a shell-entity structure for IP holding. While Hyperice is an operating company, the subsequent security interest granted to ACP Post Oak Credit I LLC (Reel 060699/0471, recorded 2024-08-28) adds a financial layer that can sometimes precede assertion activities.

USPTO Assignment Center search for US11938082: https://assignmentcenter.uspto.gov/ (search by patent number US11938082).

US Patent 11938082, titled "Massage device having variable stroke length," was granted on March 26, 2024, from an application filed on November 20, 2023, claiming priority back to a provisional application filed on July 1, 2013. The patent describes exemplary embodiments of percussive massaging devices, focusing on features such as a quick-connect system for massage heads, a unique drive mechanism with a crank bearing and spring bars, a separated cooling system, and variable stroke length capabilities. The claims provided (1-18) largely focus on the quick-connect system and the fundamental components of a percussive massager.

The patent lists a significant number of prior art citations (502 in total). A comprehensive analysis of all 502 citations is beyond the scope of a concise response. Therefore, a selection of the most relevant prior art documents has been made based on their titles, focusing on those that appear to disclose percussive/vibration massage devices, reciprocating mechanisms, and interchangeable heads or adjustable stroke features. This analysis offers potential anticipation under 35 U.S.C. § 102, which relates to novelty.

The most relevant prior art for US11938082, chosen for their direct relevance to the claimed features, include:

1. US3494353A - Reciprocating vibratory massaging device

   • Full Citation: US3494353A - Reciprocating vibratory massaging device
   • Publication/Filing Date: Publication Date: 1970-02-10 (Filed: 1968-12-04)
   • Brief Description: This patent describes a device that provides reciprocating vibratory motion for massage purposes, implying a motor and drive mechanism to achieve this motion.
   • Potentially Anticipates:
     • Claim 1 (Preamble, Housing, Piston, Motor, Drive mechanism, reciprocating motion, predetermined stroke length): The core concept of a percussive massager with a piston and motor-driven reciprocating motion.
     • Claim 7 (Flywheel, crank pin): If the reciprocating mechanism is a common crank-flywheel system.
     • Claim 18 (Method of assembling): The basic method of operatively connecting a motor to a piston for reciprocating motion.

2. US4079733A - Percussion vibrator device for treatment of patients to assist expectoration of retained secretions

   • Full Citation: US4079733A - Percussion vibrator device for treatment of patients to assist expectoration of retained secretions
   • Publication/Filing Date: Publication Date: 1978-03-21 (Filed: 1976-06-02)
   • Brief Description: This patent describes a percussion vibrator, directly indicating a device that delivers percussive action, likely via a reciprocating element, for therapeutic purposes.
   • Potentially Anticipates:
     • Claim 1 (Preamble, Housing, Piston, Motor, Drive mechanism, reciprocating motion, predetermined stroke length): The fundamental idea of a percussive massager with these components.
     • Claim 7 (Flywheel, crank pin): If using a common rotary-to-linear conversion mechanism.
     • Claim 18 (Method of assembling): The general method for constructing such a device.

3. US4730605A - Percussing body massager having amplitude adjustment means

   • Full Citation: US4730605A - Percussing body massager having amplitude adjustment means
   • Publication/Filing Date: Publication Date: 1988-03-15 (Filed: 1985-12-31)
   • Brief Description: This patent describes a body massager that provides percussive action and explicitly includes "amplitude adjustment means," which directly relates to varying the stroke length of the percussive element.
   • Potentially Anticipates:
     • Claim 1 (Preamble, Housing, Piston, Motor, Drive mechanism, reciprocating motion, predetermined stroke length): The core elements of a percussive massager.
     • Claim 10 (Offset between flywheel axis and crank pin axis controls the predetermined stroke length): If the amplitude adjustment is achieved through a mechanism similar to varying the offset in a crank drive.
     • Claim 2 (Second speed): If amplitude adjustment implies control over operating parameters which might include speed.
     • Claim 18 (Method of assembling): The general method of assembly for a percussive massager with adjustable stroke.

4. US5134777A - Adjustable stroke reciprocating mechanism for a power tool

   • Full Citation: US5134777A - Adjustable stroke reciprocating mechanism for a power tool
   • Publication/Filing Date: Publication Date: 1992-08-04 (Filed: 1991-12-05)
   • Brief Description: While for a general power tool, this patent clearly teaches an "adjustable stroke reciprocating mechanism," which is directly relevant to the drive mechanism of a percussive massager that might have variable stroke length.
   • Potentially Anticipates:
     • Claim 1 (Drive mechanism that controls a predetermined stroke length of the piston): The concept of a drive mechanism providing controlled reciprocating motion and a definable stroke length.
     • Claim 7 (Flywheel, crank pin): If the reciprocating mechanism employs these elements.
     • Claim 10 (Offset between flywheel axis and crank pin axis controls the predetermined stroke length): This is a common way to adjust stroke in reciprocating mechanisms.
     • Claim 18 (Providing a drive mechanism configured to control a predetermined stroke length of the piston).

5. US5215078A - Reciprocating double applicator massager

   • Full Citation: US5215078A - Reciprocating double applicator massager
   • Publication/Filing Date: Publication Date: 1993-06-01 (Filed: 1992-03-02)
   • Brief Description: This patent describes a massager with "reciprocating" motion and "double applicator," suggesting the use of multiple or interchangeable massage heads.
   • Potentially Anticipates:
     • Claim 1 (Preamble, Housing, Piston, Motor, Drive mechanism, reciprocating motion, predetermined stroke length): Basic percussive massager components.
     • Claim 1 (Quick-connect system comprising the distal end of the piston and a first massaging head): The concept of interchangeable applicators/heads. However, the specific feature of inserting/removing while reciprocating would likely not be anticipated by this title alone.
     • Claim 13 (Substantially cylindrical bore in piston): If the applicator attachment involves a bore.
     • Claim 17 (Proximal end of first massaging head has a pocket to receive distal end of the piston): If the applicator attachment uses a pocket.
     • Claim 18 (Method of assembling): The general method for such a massager.

6. US5417644A - Reciprocating massage apparatus

   • Full Citation: US5417644A - Reciprocating massage apparatus
   • Publication/Filing Date: Publication Date: 1995-05-23 (Filed: 1993-12-02)
   • Brief Description: This patent describes an apparatus for reciprocating massage, covering the core function and mechanism of many percussive massagers.
   • Potentially Anticipates:
     • Claim 1 (Preamble, Housing, Piston, Motor, Drive mechanism, reciprocating motion, predetermined stroke length): The fundamental components and action.
     • Claim 7 (Flywheel, crank pin): If a common reciprocating drive is used.
     • Claim 18 (Method of assembling): The basic manufacturing method.

7. CN2207816Y - Beating type massager

   • Full Citation: CN2207816Y - Beating type massager
   • Publication/Filing Date: Publication Date: 1995-09-20 (Filed: 1995-03-20)
   • Brief Description: The title "Beating type massager" directly implies a percussive or impact-based massage device.
   • Potentially Anticipates:
     • Claim 1 (Preamble, Housing, Piston, Motor, Drive mechanism, reciprocating motion, predetermined stroke length): The core definition of a percussive massager with its basic mechanical components.
     • Claim 7 (Flywheel, crank pin): If the beating action is generated by a rotary-to-linear conversion.
     • Claim 18 (Method of assembling): The general assembly process.

It is important to note that while these prior art documents potentially anticipate various individual elements or combinations of elements found in the claims of US11938082, the specific combination and unique features of US11938082, such as the quick-connect system allowing insertion/removal while the piston reciprocates (as stated in claim 1), or the details of the crank bearing with spring bars (described in the specification but not explicitly in these selected claims), would need a more detailed comparison with the full content of each cited prior art patent to determine actual anticipation under 35 U.S.C. § 102. This analysis is based solely on the provided information and titles.

Obviousness Analysis of US Patent 11938082 under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the independent claims of US Patent 11938082 (the '082 patent) obvious to a person having ordinary skill in the art (POSA) at the time of the invention (priority date July 1, 2013). The analysis will primarily focus on independent claims 1 and 18, as they define the broadest scope of the invention, and then address representative dependent claims.

The core of the '082 patent, as defined by independent claims 1 and 18, revolves around a percussive massager with a quick-connect system for a massaging head, wherein the head can be inserted or removed while the piston reciprocates.

Combination 1: US4079733A in view of US5215078A and general knowledge of a POSA

References:

• US4079733A (Percussion vibrator device for treatment of patients to assist expectoration of retained secretions)
• US5215078A (Reciprocating double applicator massager)

Rationale for Combination:

A person of ordinary skill in the art (POSA) designing percussive massage devices would be motivated to combine the features of these references to create a more versatile and user-friendly product.

1. Core Percussive Massager (US4079733A): US4079733A describes a "percussion vibrator device," which inherently includes a housing, a piston, a motor, and a drive mechanism configured to cause the piston to reciprocate at a speed (e.g., a first speed), thereby controlling a predetermined stroke length. This reference thus teaches the fundamental components of a percussive massager as recited in the preamble and initial elements of claims 1 and 18.

2. Interchangeable Massaging Heads (US5215078A): US5215078A discloses a "reciprocating double applicator massager." The term "double applicator" strongly suggests the use of multiple or interchangeable massage heads on a reciprocating massager. A POSA would be motivated to incorporate interchangeable heads into the percussive massager of US4079733A to expand its utility, allowing users to select different heads for various massage types or body areas. This combination addresses the "quick-connect system comprising the distal end of the piston and a first massaging head" as claimed. The mechanical interface for such interchangeable heads would commonly involve a bore at the end of the piston (distal end) and a corresponding shaft or pocket on the massaging head, representing a basic and obvious design choice for attachment.

3. Inserting/Removing While Reciprocating (General Knowledge/User Convenience): The most specific element of claims 1 and 18 is the ability to insert or remove the massaging head while the piston reciprocates the predetermined stroke length at the first speed. While neither US4079733A nor US5215078A explicitly states this capability, a POSA would recognize the desirability of user convenience and uninterrupted therapy. The '082 patent itself highlights this benefit, stating that the quick-connect system "may be used without turning off the massaging device 100." For a percussive massager operating at typical speeds (e.g., 600-3600 strokes per minute) and relatively small stroke lengths, the forces involved in quickly swapping lightweight massage heads might not pose an insurmountable engineering challenge or significant safety risk if properly designed. A POSA, motivated by improving user experience and minimizing interruptions to a massage session, would find it obvious to design a quick-connect system (e.g., using detents, friction fit, or magnetic connections as described in the '082 patent's specification for magnets 606 and 624) that allows for rapid attachment and detachment of heads even during low-impact operation. The concept of "hot-swapping" components to improve workflow is common across various technical fields and would be a desirable design goal for a handheld therapeutic device.

Therefore, the combination of a percussive massager (US4079733A) with interchangeable applicators (US5215078A), further modified by a POSA's motivation to enhance user convenience by allowing head changes during operation, would render independent claims 1 and 18 obvious.

Obviousness of Dependent Claims

Many dependent claims simply elaborate on structural or functional aspects that are either inherent to the combination above or would be obvious additions.

• Claim 2 (Second speed): It is well-known in the art of powered devices, including massagers, to provide multiple operating speeds for user preference or varying therapeutic needs. US4730605A, for instance, mentions "amplitude adjustment means," implying control over operating parameters that could include speed.
• Claims 3 & 4 (Control panel, visual indicators): Control panels are standard user interfaces for electronic devices, and visual indicators are common for displaying operational status or settings. Incorporating these into any powered massager would be obvious for user control and feedback.
• Claims 5, 6, 8, 9 (Handle, motor/flywheel position): The arrangement of a handle relative to a motor and drive mechanism, including a flywheel, are ergonomic and structural design choices. US3494353A illustrates a hand-held vibratory device. The specific placement (e.g., on opposite sides of an axis or plane) would be optimized by a POSA for balance, grip, and user comfort.
• Claim 7 (Flywheel, crank pin): The use of a flywheel and a crank pin is a conventional and well-known mechanism (e.g., a Scotch yoke, as mentioned in the '082 patent specification) for converting rotary motion of a motor into linear reciprocating motion. This mechanism is implied in any percussive or reciprocating device disclosed by US4079733A or US5417644A.
• Claim 10 (Offset controls stroke length): Varying the offset between the flywheel axis and the crank pin axis is a standard mechanical method to adjust the stroke length in a crank-driven reciprocating mechanism. US4730605A explicitly teaches "amplitude adjustment means" for a percussing massager, and US5134777A teaches an "adjustable stroke reciprocating mechanism," where varying crank offset is a common implementation. A POSA would readily apply this known principle to control the stroke length in the claimed massager.
• Claim 11 (Direct connections): Directly connecting the motor to the flywheel and the crank pin to the flywheel is a straightforward and often preferred design for efficiency, compactness, and reducing part count in mechanical linkages.
• Claim 12 (Bearings to restrain piston): The use of spaced bearings (e.g., 310, 311 in the '082 patent) to guide and restrain a piston to a linear reciprocating motion is a fundamental mechanical engineering practice for ensuring stable and durable operation. This is inherent in the design of any robust reciprocating mechanism.
• Claims 13, 14, 15, 16 (Cylindrical bore, cylindrical structure, cylindrical seat, magnet in quick-connect): These claims describe common mechanical details for a quick-connect system. Using a cylindrical bore for insertion (as implied by US5215078A's interchangeable applicators), and retaining elements like a cylindrical seat or a magnet, are well-known mechanical attachment solutions. Magnets (as described in the '082 patent for magnets 606 and 624) are particularly obvious for quick-release applications, providing both retention and ease of detachment.
• Claim 17 (Proximal end of head has a pocket): A pocket on the massaging head to receive the distal end of the piston is an alternative, but equally obvious, mechanical interface to the bore and shaft described earlier for interchangeable heads.

In conclusion, the combination of a known percussive massager (US4079733A) with interchangeable applicators (US5215078A), further enhanced by routine engineering choices for user convenience (such as enabling "hot-swapping" of heads) and standard mechanical design principles for drive mechanisms and interfaces, would have rendered the independent claims 1 and 18, and their dependent claims, obvious to a POSA by the priority date.