U.S. International Trade Commission Reviews Patent Case on Hydrodermabrasion Systems

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On January 22, 2026, the U.S. International Trade Commission (Commission) announced its decision to review in part a Final Initial Determination (FID) from an administrative law judge (ALJ) in Investigation No. 337-TA-1408. The investigation concerns certain hydrodermabrasion systems and their components. The Commission also extended the deadline for completing the investigation to March 23, 2026.

The investigation began on July 17, 2024. It was based on a complaint filed by HydraFacial LLC, formerly known as Edge Systems LLC, based in Long Beach, California. HydraFacial claimed violations of Section 337 of the Tariff Act of 1930. The case involves the importation and sale of hydrodermabrasion systems allegedly infringing U.S. Patent No. 11,865,287.

The named respondents were Cartessa Aesthetics, LLC of Melville, New York, and Eunsung Global Corp. of the Republic of Korea.

The Office of Unfair Import Investigations is not participating in this investigation.

On January 21, 2025, the Commission ended the case for Eunsung Global after a consent order.

On April 11, 2025, the Commission removed some patent claims (claims 1-10, 15, 17, 20, 23, 26, 28-31, 33-37, and 39-45 of the ‘287 patent) from the investigation. This was based on an unopposed motion by HydraFacial.

On August 26, 2025, the ALJ issued the FID, finding that Cartessa had violated Section 337.

Cartessa filed a petition to review the FID on September 8, 2025. HydraFacial responded on September 16, 2025.

Due to a government shutdown, the Commission had earlier extended its review deadline to January 22, 2026. It had also asked parties to address the impact of the upcoming expiration of the ‘287 patent.

As of January 22, 2026, the Commission decided to partly review the FID. The review covers:

  • The meaning and application of the patent term “fluid communication” and its role in infringement and the domestic industry test.
  • Whether the term “block” is too vague (“indefinite”) and how that affects validity and infringement findings, including prior related rulings (specifically Order Nos. 29 and 50).
  • Arguments about whether the patent is unenforceable due to prosecution laches (an unfair delay in pursuing patent rights).

The Commission may issue a remedy after its final decision. This can include:

  • An exclusion order preventing the import of the accused products into the U.S.
  • A cease and desist order stopping further sales and imports by the respondent.

The Commission is asking for written submissions from the parties and from interested members of the public. These submissions should discuss:

  • The type of remedy that should be ordered,
  • How the proposed remedy would affect public health, U.S. competition, American production, and consumers,
  • Any bond amount that should apply during the 60-day Presidential review period if a remedy is issued.

The Commission directs the Complainant (HydraFacial) to:

  • Specify the remedy it is seeking,
  • Submit proposed remedial orders,
  • State the expiration date of the ‘287 patent,
  • Provide HTSUS (Harmonized Tariff Schedule) subheadings for the accused products,
  • List all known importers of the products in question.

Key deadlines:

  • All initial written submissions with proposed orders must be filed by February 5, 2026.
  • All reply submissions must be filed by February 12, 2026.
  • Party submissions must follow page limits: 10 pages for opening statements, 5 pages for replies.
  • Third-party submissions, including government agency comments, are limited to 10 pages.

All submissions must be filed electronically and reference Investigation No. 337-TA-1408. Specific procedure rules apply under 19 CFR 210.4(f).

Confidential documents must be properly marked and handled according to Commission rules. A redacted non-confidential version must also be filed.

The Commission’s action is authorized under Section 337 of the Tariff Act of 1930 and Commission Rules under 19 CFR Part 210.

Issued by order of the Commission on January 22, 2026.

Lisa Barton,
Secretary to the Commission.


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