Hyperice Files Percussion Patent Infringement Lawsuit Against Therabody, Maker of Theragun

Hyperice, a high-performance wellness brand and innovator of percussion, dynamic air compression, thermal, vibration, and contrast therapy technology, filed a lawsuit in federal court on Wednesday, January 3rd, 2024 against Therabody, Inc., maker of the Theragun line of percussive massage guns and other products alleging infringement of Hyperice’s patented percussion massage technology.

In the lawsuit, Hyperice asserted its recently-issued U.S. Patent No. 11,857,482, which claims technology dating back to 2013. Hyperice made national headlines in 2018, launching the Hypervolt, the world’s first “modern-day” massage gun, featuring a brushless motor system, variable speed settings, and QuietGlide® technology. The success and rapid scale of the Hypervolt led to an influx of massage gun brands entering the market to replicate this technology, including Therabody. Hyperice sells numerous products embodying the patented technology, including its Hypervolt Go 2, Hypervolt 2, and Hypervolt 2 Pro.

In the lawsuit filed, Hyperice contends that numerous Therabody products infringe upon the patent, including Theragun Elite, Theragun PRO, Theragun Prime, Theragun Mini, Theragun Sense, and TheraFace PRO. In the coming weeks, Hyperice will file additional lawsuits against other companies believed to have infringed on this patent.

“In 2015 Hyperice launched the RAPTOR, which at the time was the world’s most advanced percussion massage device. In 2018, when we launched the Hypervolt at a more consumer-friendly price point, our business accelerated rapidly – so much so that we began to see an extraordinary amount of Hypervolt knockoffs and imitators enter the market,” said Jim Huether, CEO of Hyperice. “As a company focused relentlessly on innovation and quality to deliver exceptional products to our consumers, we value ingenuity, and we protect our inventions by obtaining patents. We will use the legal system aggressively to clean up the percussion market from imitators and knockoffs who we believe are using Hyperice’s IP in their devices.”

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

“We will aggressively defend our intellectual property rights and take all appropriate steps to ensure that our innovative products and technology are not misappropriated by opportunists seeking to knock us off,” said Jon Howell, General Counsel at Hyperice. “Hyperice has successfully removed hundreds of infringing products globally, and will continue to enforce its intellectual property through litigation in federal court as necessary.”

UNMATCHED TECHNOLOGY AND INNOVATION

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

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