altair instruments v. paul s taggart et. al

7/27/2019 Altair Instruments v. Paul S Taggart Et. Al.

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ALTA IR INSTR UM ENTS, INC., aCalifornia corporation,Plaintiff,

VS.PAUL S. TAGGART dba PERSONALMICROD ERM; AGE SCIENCE S, INC.,a Utah Corporation; DERMSTO RE,LLC, a Delaware limited liabilitycompany; AMA ZON.COM , INC., aDelaware corporation; and DOES 1through 10,

Defendants,

Ronald P. Oines (State Bar No. 145016)email: roines@ rutan.comThom as C. Richardson (State Bar No. 244461)email: trichardsongrutan.comRUTAN & TUCK ER, LLP611 An ton Boulevard, Fourteenth FloorCosta M esa, California 92626-1931Telephone: 714-641-5100Facsimile: 714-546-9035

ZTnAaII 3 1 1 .ST I T P 5ItiMENT S, INC.UNITED STATES DISTRICT COURT

CENTRA L DISTRICT OF CALIFORNIAr,CV13 - 0/446 DSF (AGR x)

Plaintiff ALTA IR INSTR UM ENTS , INC. ("Altair") as its Com plaint againstDefendants PAUL S. TAGGAR T dba PERSONA L MICRODE RM ("PMD"); AGESCIENCES, INC. ("Age Sciences"), DERMSTORE, LLC ("DermStore"),AM AZO N.CO M , INC. ("Am azon") and Does 1 through 10, inclusive (collectively,"Defendants") alleges as follows:

JURISDICTION AND VENUE1 .his is an action for patent infringement arising under the Patent Lawsof the United States, Title 35, United States Code. This Court has jurisdiction overthe subject matter of this action pursuant to 28 U.S.C. 1338(a) (action arisingCase No.COMPLAINT FOR PATENTINFRINGEMENTDEMAND FOR JURY TRIALWan & Tucker LLPattorneys at/nw

2118/024004-00176218992.1 a10/08/13

COMPLAINT FOR PATENTINFRINGEMENTDEMAND FOR JURY TRIAL

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under an Act of Congress relating to patents) and 28 U.S.C. 1331 (federalquestion).

2. Venue is proper in this judicial district pursuant to 28 U.S.C. 1400(b)and 28 U.S.C. 1391(c). On information and belief, each of the Defendants residesin this judicial district because, among other things, each has sold and/or offered tosell in this judicial district products that infringe the patent-in-suit.

THE PARTIES3. Plaintiff Altair is a California corporation with its principal place of

business at 1834 Palma Drive, Suite F, Ventura, California 93003.4. On information and belief, defendant PMD is an expired dba of Paul S.Taggart, with a principal place of business in Salt Lake City, Utah.5. On information and belief, defendant Age Sciences is a Utah

corporation with its principal place of business located at 5280 Commerce Dr., SuiteE100, Salt Lake City, Utah.

6. On information and belief', defendant DermStore is a Delaware limitedliability company with its principal place of business located at 2301 RosecransAve., Suite 2100, El Segundo, California.

7 . On information and belief, defendant Amazon is a Delawarecorporation with its principal place of business located at 410 Terry Ave., N, Seattle,Washington.

8. The true names and capacities, whether individual, corporate, associateor otherwise, of defendants DOES 1 through 10, inclusive, are unknown to Altair,which therefore sues said defendants by such fictitious names. Altair will seek leaveof this Court to amend this Complaint to include their proper names and capacitieswhen they have been ascertained. Altair is informed and believes, and basedthereon alleges, that each of the fictitiously named defendants participated in and arein some manner responsible for the acts described in this Complaint and the damageresulting therefrom.

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9. Altair alleges on information and belief that each of the defendantsnamed herein as Does 1 through 10, inclusive, performed, participated in, or abettedin some manner, the acts alleged herein, proximately caused the damages allegedhereinbelow, and are liable to Altair for the damages and relief sought herein.

10. Altair alleges on information and belief that, in performing the acts andomissions alleged herein, and at all times relevant hereto, each of the Defendantswas the agent and employee of each of the other defendants and was at all timesacting within the course and scope of such agency and employment with theknowledge and approval of each of the other Defendants.

GENE A L ALLEGATIONS11. On November 22, 2011, United States Patent No. RE42,960, entitled

"Microdermabrasion Device" ("the '960 patent"), was duly and legally issued by theUnited States Patent and Trademark Office (the "USPTO").

12. By assignment, Altair is the owner of all rights, title and interest in andto the '960 patent, including all rights to recover for any and all past infringementthereof. A true and correct copy of the '960 patent is attached hereto as Exhibit"A." Altair has given notice to the public of its patent by marking its own productswith the '960 patent in conformity with 35 U.S.C. 287(a).

CLAIM FOR RELIEF(Infringement of the '960 Patent)

13. Altair realleges each and every allegation set forth in paragraphs 1through 12 above, and incorporates them herein.

14. Defendants make, use, sell, offer to sell, and/or import into the UnitedStates a microdermabrasion device known as the "Personal MicroDerm" or "PMD"which contains each and every element of at least one claim of the '960 patent,including in this Judicial District. Users of the Personal MicroDerm or PMD alsoinfringe the '960 patent. As such Defendants have infringed and are infringing the'960 patent and will continue to do so, unless enjoined by this Court. Defendants

COMPLAINT FOR PATENTINFRINGEMENT; DEMAND FOR JURY-3- RIAL

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directly infringe the '960 patent, and are also liable for contributory and inducinginfringement.

15. Defendants' infringement of the '960 patent has been and will continueto be willful, wanton and deliberate with full knowledge and awareness of Altair'spatent rights, unless enjoined by this Court.

16. Altair has been damaged in an amount to be determined at trial, butwhich is no less than a reasonable royalty, and irreparably injured by Defendants'infringing activities. Altair will continue to be so damaged and irreparably injuredunless such infringing activities are enjoined by this Court.

P YERWHEREFORE, Altair prays for the following relief:a. Preliminary and permanent injunctions pursuant to 35 U.S.C. 283

enjoining and restraining Defendants, their officers, directors, agents, employees,successors and assigns, and all those acting in privity or concert with Defendants orany of them, from further infringement of the '960 patent;

b. A judgment by the Court that Defendants have infringed and areinfringing the '960 patent;

c. An award of damages for infringement of the '960 patent, togetherwith prejudgment interest and costs, said damages to be trebled by reason of theintentional and willful nature of Defendants' infringement, as provided by35 U.S.C. 284;

d. An award of Altair's reasonable attorneys' fees pursuant to 35 U.S.C. 285 in that this is an exceptional case;

e. Altair's costs of suit herein; and

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f.or such other and further relief as this Court deems just and proper.Dated: October 8, 2013 RUTAN &TUCKER, LLPRONALD P. OINESTHOMAS C. RICHARDSON_By: Ronale limesAttorneys for Plaintiff ALTAIRINSTRUMENTS, INC.

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DEMAND FOR JURY TRIALAltair hereby demands a trial by jury.

Dated: October 8 , 2013UTAN &TUCKER, LLPRONALD P. OINESTHOMAS C. RICBy: P. OinesAttorneys for PlaintiffALTAIR INSTRUMENTS, INC.

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1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 q 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1(19) United States(12) Reissued Patent10) Patent Number:S RE42,960 EWaldron45) Date of Reissued Patent:ov. 22, 2011(54) MICRODERIVIABRASION DEVICE(75) Inventor: Stephen H. Waldron, Camarillo, CA(US)(73) Assignee: Altair Instruments, Inc., Camarillo, CA(US)

Notice:his patent is subject to a terminal dis-claimer.(21) Appl. No.:1/027,590(22) PCT Filed:ov. 9, 2000(86) PCT No.:CT/US00/42049

371 (c)(1),(2), (4) Date:ul. 3, 2001(87) PCT Pub. No.: W001/41651PCT P ub. Date: Jun. 14, 2001Related U.S. Patent DocumentsReissue of:(64) Patent No.:,500,183Issued:ec. 31, 2002Appl. No.:9/869,787Filed:ul. 3, 2001U.S. Applications:(63) Continuation-in-part of application No. 0 9/440,020,filed on Nov. 12, 1999, now Pat. No. 6,241,739.(51) Int. Cl.A61B 17/502006.01)(52) U.S. CI.606/131(58) Field of Classification Search606/131,606/9, 36, 43, 133; 30/26; 132/73, 73.5,132/73.6, 74.5, 75, 75.3, 75.6, 76.4, 76.5;D28/56See application file for complete search history. (56) References CitedU.S. PATENT DOCUMENTS2,701,559 A/1955 Cooper2,712,823 A11955 Kurtin2,867,214 A/1959 Wilson(Continued)FOREIGN PATENT DOCUMENTSEP5643920/1993(Continued)OTHER PUBLICATIONSNews Release, American So'ciety for Dennatologic Surgery, AnUpdate on Micro-Dermabrasion, May 19, 1999, pp. 1 - 2.(Continued)Primary Examiner Elizabeth HoustonAssistant Examiner Jonathan W Miles(74) Attorney, Agent, or Firm Koppel, Patrick, Heybl &Philpott; Michael J. Ram(57) ABSTRACTA treatment tool and tissue collection system, for removal ofouter layers of skin to provide a revitalized, fresh skin surface,and a method fusing same, comprising a abrasive tipped toolmounted on the end or within the end of a hollow tube, saidtube being connected to a source ofvacuum. The vacuum. aidsin maintaining intimate contact between the abrasive tip andthe skin during the treatment process and transports theremoved tissue to a collection container. The abrasive surfacewithin the tube is a motor driven abrasive pad. Contactbetween the pad and the abrasive disk is brought about orincreased by application of a vacuum through the tube to theskin surface. 18 Claims, 5 Drawing Sheetsy.0


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US RE42,960 EPage 2

U.S. PATENT DOCUMENTS2,881,763 A/1959 Robbins2,921,585 A/1960 Schumann3,214,869 A1/1965 Stryker3,964,212 A/1976 Karden4,121,3 88 A0/1918 Wilson4,378,804 A/1983 Cortese4,646,4 82 A/1987 Chitjian4,957,747 A/1990 S tiefel5,012,797 A/1991 Liang et al.128/245,035,089 A11991 Tillman et al.5,037,431 A/1991 Summers et al,5,037,432 A/1991 Molinari5,100,4 12 A/1992 Rosso5,122,153 A/1992 Harrel5,207,234 A/1993 Rosso5,612,797 A/1997 Liang etal.5,800,446 A/1998 Banuchi5,810,842 A/1998 Di Fiore et al.5,882,201 A/1999 Salem5,971,999 A0/1999 Naldoni6,042,552 A/2000 Cornier6,299,620 B10/2001 Shadduck et al. 6,423,078 31 * 7/2002 Bays et al.606/1316,629,983 1310/2003 Ig,non6,641,591 B11/2003 Shadduck2002/0107527 Al/2002 BaresFOREIGN PATENT DOCUMENTSFR800524/1998WOO 00/6769211/2000OTHER PUBLICATIONSNidecker, Anna, "Mieroderrnabrader Offers Alternative to LaserPeels", [Skin &Allergy News 29(3)48, 1998 International MedicalNews Group], pp. 1-2.U.S. Appl. No. 2002/01075 27 Al; filed Aug, 8,2002, Bun - es.'John M. Yarboroughm "A merican Society For Dermatologic Sur-gery", May 19, 1999, pp, 1-2 (Internet Printout).Steven B. Hopping, "Microdermabrader Offers Alternative to LaserPeels", Skin & Allergy News 29(3):48, 1998, p. 1-2 (Internet Print-out),* cited by examiner


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U.S. Patentov. 22, 2011heet 5 of 5S RE42,960 E


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US RE42,9601MICRODERMABRASION DEVICE

Matter enclosed in heavy brackets [J appears in theoriginal patent but forms no part of this reissue specifica-tion; matter printed in italics indicates the additionsmade by reissue.

This application is a National S tage Application filed under35 USC 37 1 claiming benefit of PCDUS00/42049 filedNov. 9, 2000, which was designated as a CIP of U .S. appli-cation Ser. No. 09/440,020 filed Nov. 12, 1999, now U.S. Pat.No. 6,241,739 issued Jun. 5, 2001.BACKGROUND OF THE INVENTION

This invention provides a treatment tool and tissue collec-tion system for remove of outer layers of skin to provide arevitalized, fresh skin surface. This objective is to rem ovedead and old skin cells without damaging the remaining skinsurface and without the us e of pow dered abrasive materialsbecause these materials may result in undesirable side effects.

DESCRIPTION OF THE PRIOR ARTDermabrasion, also referred to as microderm abrasion, is aprocess for removal of dead cells from the outermost layer ofthe skin, referred to as the epidermis, clean out blocked pores,and enhance skin tone. Additionally, the margins of acne scarsand other traumatic scars can be erased and aging spots andsun damaged skin can be polish off. Still further charredtissue, following a burn injury must be removed to enhancehealing of the underlying tissue. This must be accomplishedwithout injuring the lower two layers, namely, the dermis and

the subcutaneous layer or lower dennis. Typically, the skinsurface is treated a minimum of 5 times spaced 7 to 10 daysapart. This is then foll ow ed by periodic maintenance sessions.The benefits are:1. poor, dull skin is enhanced by a gentle resurfacing of thesuperficial skin layers,2. expression lines typically seen on the forehead andaround the mouth are softened,3. fine, crepey lines on the cheeks, g enerally caused byaging and sun damage are reduced,4. pigment changes and skin discoloration are reduced,5. enlarged pores are reduced and clogged pores typical inacne conditions are exfoliated and cleaned out, and6. margins of superficial acne marks, stretch marks, burnscars and surgical scars can be smo othed.Use of abrasion techniques can be traced back to the

ancient Egyptians who used alabaster and pumice to removeblemishes and rough spots and to make the skin smooth andsoft. More recently, abrasive tipped devices or rotatingbrushes and cylinders coated with abrasive pa rticles; such asdiamond dust, have b een used to remove skin layers (U. S. PatNo. 2,712,823; US. Pat. No. 2,867 ,214; U.S. Pat. No. 2,881,763; U.S. Pat. No. 2,921,585). U.S. Pat. No. 5,800,446describes a stick, glove fingertip or glove palm coated with anabrasive material which is rubbed over the skin surface toprovide a polishing action. U.S. Pat. No. 3,964,212 directedto a pneum atic grinding machine for flat surfaces, incorpo-rates a rotating grinding tool enclosed in a housing with airflowing over the surface to collect dust created by the grindingoperation. U.S. Pat. No. 4,37 8,804 is directed to a skin abra-sion device which uses flowing water to rotate an abrasivebrush and create a vacuum to remove loosened skin particles.

Therotating brush is usually used hi conjunction with a liquiddetergent or medicinal compound ap plied to the skin surfacebeing scrubbed Chemicals, ultrasonic oscillating tips (U.S.Pat No. 5,012,797 ) and lasers have also been used for a more5 aggressive abrasion. U.S. Pat. No. 5,037,431 describes theuse of a pressurized jet of a liquid, such as water or sterilesaline, to fragment and remove diseased tissue without harm-ing surrounding healthy tissue. This device operates in con-junction with vacuum aspiration to remove the liquid and

10 fragmented tissue.The present trend is to abrade the skin surface using pow-dered aluminum oxide or a liquid topical composition con-taining suspended aluminum oxide (U.S. Pat. No. 4,957,7 47).U.S. Pat. No. 5,037 ,432 provides for the pressurized delivery,15 using compressed air, of a powdered, abrasive substance andthe removal of the abrasive substance and loosened skin tissueusing a vacuum. The abrasive substance is typically microc-iystals of quartz, metal, or aluminum oxide. The powderedabrasive is blown through a wand which has a hole in the skin20 contact end to provide access of the abrasive to the skinsurface being treated. An alternative is to cause the aluminumoxide powders to flow by applying a vacuum to the exhaustside of a container holding the abrasive p owder and entrainingthe powder in a flowing gas stream. The powder is then drawn25 by the vacuum through a treatment tool, across the skin sur-face to abrade or rub off the epidermis and then recoveredalong with the skin particles in a collection chamber (U.S.Pat. No. 5,100,412; U.S. Pat No. 5,207,234; U.S. Pat. No.5,810,842). This process is similar to "bead-blasting". A30 potential disadvantage of all of these techniques is that par-

r : :del can be lodged in the skin and a substantial amount ofaluminum oxide and cells, which have to be properly dis-posed of, may be left behind on o r in the skin.While no toxic effects have been shown from aluminum35 oxide left on or in the skin, this material has been shown to

cause inflammatory changes to the lungs inworkers who haveinhaled aluminum oxide. ( Schwarz, Y , et al., "Evaluation ofWorkers Exposed to Dust Containing Hard Metals and Alu-minum Oxide"Am I of Ind Mad, 34(20; 177-82) 1999 Aug.).40 Also, the eyes must be protected from the highly abrasivedust, which can injure the cornea. Th erefore, it is recom-mended that workers using these devices w ear breathingmasks and glasses to provide protection from ophthalmic andrespiratory damage. Similar protection is suggested for45 patients being treated. It is also possible that particles of theabrasive material can be left imbedded in the skin surfaceresulting in long term irritation and provide a situs for bacte-rial infections.S OUMMARY OF THE INVENTION

The device for microderraabrasion comprises a hollowtube with and abrasive material permanent attached to a skincontacting end. The abrasive coated tip is moved over the skin55 surface while a vacuum is applied through the tube to the skinsurface to remove cells abraded from the skin surface. Thevacuum_ also caus es the skin to be held in intimate contactwith the abrasive tip during the treatment procedure.60ESCRIPTION OF THE FIGURES

FIG. 1 is a schematic drawing of a device incorporatingfeatures of the invention.FIG, 2 is a partial cutaway view of a treatment tube and

65 filter assembly used in the device of FIG. 1.FIG. 3 is a schematic drawing of the vacuum flow path ofthe device of FIG. 1.


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US RE4 2,960 E3FIG. 4 is a cutaway side view of the end of the treatmenttube.FIG. 5 is an enlarged view of the circled portion of FIG. 4.

FIGS. 6 and 7 , are cutaway side views of two differenttreatment tubes usable with the device of FIG. 1.FIGS. 8 and 9 are end view - of the two different treatment -tubes of FIGS. 6 and 7, iespectivelyFIG. 10 is a cutaway side view of the end of a slopedtreatment tube.FIG. 11 is a cutaway side view of the end of a tapered totreatment tube.FIG. 12 is a cutaway side view of a valved treatment tube.FIG. 13 is a cutaway side view of the end of a treatmenttube with a second tube for delivery of a supp lemental treat-ment fluid.5FIG. 14 is a side cutaway side view of the end of a treatmenttube with an enlarged, sloped end.FIG. 15 is an end view o f the treatment tube of FIG. 14.FIG. 16 is a side cutaway side view of the end of a treatmenttube with an enlarged, sloped concave end.0FIG. 17 is a view of a rectangular shaped treatment surfacewith the handle being the conduit for the vacuum.FIG. 18 is a cutaway side view of the end of a treatmenttube with an enlarged, rectangular shaped end.FIG. 19 is schematic perspective view of a further version 25of a device incorporating features of the invention incorpo-rating a rotating abrasion piece. -FIG. 20 is cutaway side view of a hand piece for use withthe device of FIG. 19.FIG. 21 is an enlarged cutaway view of the circle portion of 3 0FIG. 20.

DETAILED DESCRIPTION OF THE INVENTIONThe invention provides the capability to perfonm m icro- 35

dermabrasion without the potential health risks or hazards o fusing a flowing, powdered metallic substance such as alumi-11111.11 oxide. This is generally accomplished by the use of atube having a treatment tip with an abrasive material perma-nently attached thereto. The term "tube" or "tubular" used 40herein refers to an elongated hollow structure of any crosssection, which includes, but is not limited to, a round, o val,square or rectangle cross section. The abrasive coated endpiece, which may also have various different shaped crosssections, may be secured to the treatment tip or be removable 45and interchangeable. The abrasive tip is rubbed over the skinsurface being treated. The tube and related instrumentationalso provides a vacuum collection and an optional filter sys-tem for collection of the sk in cells removed by the procedure,the skin cells being aspirated through a hole or holes in the socentral portion of the abrasive tip. The vacuum also aids inmaking an intimate contact between the skin and the abrasivecoated tip.FIG. 1 shows the overall system which comprises a hous-ing 10 which encloses a vacuum pump 24, an ON/OFF switch 5512, a gauge 14 to measure the level of vacuum and a valve 16to adjust the vacuum. W hile not necessary for operation oftheinvention, shown m ounted on the external surface of thehousing 10 is a filter assembly 18. Attached to the filterassembly 18 is a hollow tube or wand assembly 20 upon 60which the treatment tip 22 is mounted. The other end of thefilter assembly 18 is connected to the vacuum pum p 24located inside the housing 10.FIG. 2 shows the wand assembly 20 comprising tubing 26connecting the tip 22 an d filter assemble 18. W ithin the filter 65assembly 18 is a filter pad 28 which collects the loosened skintissue and prevents the skin tissue or collected b ody fluids and

4oils from entering the vacuum pump. The various differenttips 22 are discussed in detail herein below The tubing 26 isflexible so that it is easy to manipulate the tip and to allowready connection of the wand assembly 20 to an upper hollowextension 30 on the external surface of the filter assembly 18and a connector tube 32 on the tip. Since the system usesvacutun, the connections are self-sealing.A lower hollow extension 34 extending from the filterassembly 18 fits into a matching hole on the main housing. 10.The filter assembly 18 is easily removable so that it can bereplaced after each patient and disposed of. The filtration pad28 inside the filter housing 18 catches the debris but allows airto easily flow throug-h the pad. The lower hollow extension 34allows air pulled through the filter assembly 18 to be drawninto the vacuum pump 24.FIG. 3 shows the flow of the air stream through the vacuumsystem. It comprising a vacuum pump 24, filter assembly 18,tubing 26 which connects the filter to the treatment tip 22 andvacuum line 36 connecting the filter assembly 18 to thevacuum pump 24. The vacuum pump 24 is operated at a fixedspeed to produce a fixed vacuum level. To control the level ofvacuum applied through the treatment tip 22 to the skin, avalve 16 vents air into the system, thus reducing the amount ofvacuum. Gauge 14 allows the level of vacuum to be moni-tored. Of course, the vacuum pump can be operated at differ-ent speeds to change the level of vacuum applied.Referring to FIG. 2, a vacuum is applied through the tube26 to a hole 38 in the treatment tip 22. The tip 22 is broughtinto contact with skin, the vacuum causing the skin to bepressed against a roughened surface on the end 40 o f thetreatment tip. As the tube is manually moved across skin the -roughened surface abrades the epiderm is dislodging cellsfrom the surface. The vacuum causes the dislodged cells toflow into the wand assem bly 32. The level of abrasiondepends on the level of vacuum applied to the treatment tipand the size of the abrasive particles attached to the treatmenttip.FIG. 4 is a side view of the working end of the treatment tip22. The end of the treatment tube 22 has diamond grit 42preferably adhered to the end of a metal tube by a platingprocess using nickel 44 as a binder. The nickel 44 is applied ina controlled manner so that s ufficient nickel is present to holdeach p i ec e o f di amond in place, but yet allow a faceted portionof the diamond to be exposed, the sharp edges of the diamondproviding the cutting edges. A diamond particle size ofaround 0.0035 inches (63-75 microns) produces a smooth anduniform removal of skin surface. However, diamond p articlesfrom about 50 to about 150 microns can be used to producedifferent levels of abrasion, the larger particles removingmore skin cells and p erforming the cell removal more rapidly.However, if the particles are to large the derrois can be dam-aged and injury to the second and third layers of skin canoccur. Very fine particles remove few skin cells and act morein a polishing manner. Other abrasive materials, such as alu-minum oxide, can be bonded to the treating tool tip or the tipitself can have a roughened surface cut into the end thereofUse of all adhered aluminum oxide of about 100 grit (151 p.)provides a coarse (aggressive) treatment, and use of about a120 grit (127 u) material provides a medium level of treat-ment. Particles with a higher grit (i.e. small size particles)would create more of a polishing effect. Of course, manydifferent hard abrasive materials known to those sk illed in theart, such as silicon carbide, silicon oxide, and various metalnitrates can be used in place of the diamond or aluminumoxide.The dimensions and materials used to construct the wandassembly 20 are n ot critical. However, a preferred treatment

O W 1 B I T


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US RE 42,960 E5tip 22 is formed from a 12 mm OD stainless steel tube with abrasive tip with multiple openings for application of the6 mm ID and a diamo nd coated end. The stainless steel/acuum to the skin surface. An end view of the concave tip ofdiamond tool can be steam or chemical sterilized betweenIG. 16 would have a similar appearance. Further, while

uses without damage. A first alternative would be to have a

IGS. 14 and 16 sh ow the end to be part of the treatment tipsingle use or single patient tube, which is made of plastic, the 5 22 it could be a separate removable piece as shown in FIGS,end being coated with aluminum oxide, or similar abrasiveand 8. These configurations -have particular u tility in treat-materials. The abrasive can also be adhered with an adhesive.ng large flat body surfaces such as the chest, back and legs ofA further alternative would be a tube, which could be stainlessn individual. They can also be used where a large abrasivesteel, plastic or other stiff tubular material, with a suitablereatment surface is desired but it is preferential to spread outremovable and replaceable tip or a tip with an abrasive end to the applied vacuum so that it does not aggressively suck skinsurface formed by a machining process.nto the tip or suck the skin into the tip at a single point.FIGS. 6 and 8 show a removable disc 46 sized to fit over theIG. 13 shows a second tube 54 mounted on the treatmentend 40 of the tube 22. The disc 46 has an abrasive end orip 22. The tube could be used to allow the metered use ofabrasive material attached to the ou ter end. During the pro-hemicals to enhance the abrasion or supply or other liquidscedure various disc with different abrasive characteristics can is to reduce friction.be interchanged and at the conclusion of the procedure theo use devices embodying the invention the vacuum isdisc(s) 46 can be discarded.pplied, through the treatment tool, to the area of the skin toThe end of the tube can also be made abrasive by machin-e treated while the abrasive surface, which surrounds theing the surface as shown in FIGS. 7 and 9 in a manne rpplied vacuum., is moved over the skin surface to be treated.commonly called knurling. Diamond shaped projections 48 20 The abrasive tip is typically moved over the skin surface in aare raised on the su rface for abrading in any direction. Thisircular motion. However, a combination of vertical and hori-would be similar to the construction of wo od and metal files.ontal movemen ts of the tip, with or without the circularThe tip as shown in FIG. 9 can also be provided which raisedovements, may also be used to assure that the skin area isportions tapered and oriented hi only one direction, similar toniformly treated. Also, if a particular slcin blemish or abnor-a saw teeth, except the tooth would only b e a few thousands of 25 mality is to be treated. The tip motion can be restricted to thatan inch high, to achieve smooth abrading of the surface.articular portion of the skin.Besides providing different means of abrasion on the endIGS. 17 and 18 show an elongated treatment end with aof the treatment tip 22, the contour or shape of the tip can bearge central opening 59 for app lication of the vacuum to thevaried. FIGS. 6 and 7 show a flat end. The fiat end can providekin. In this case, the device has wide treatment, shaded likea greater surface area in contact with the skin for an aggres- 30 a razor, and elongated abrasive areas for debrading flat areassive removal of surface cells. A concave surface as shown inf skin.FIG. 4, in conjunction with the vacuum applied to the skinhe further embodiment shown in FIGS. 19-21, whilesurface results in a more uniform cutting surface on the skin_seful for general skin abrasion procedures discussed above,For easier access to difficult to reach locations the roughenedas particular utility where patients have serious bums andends can be sloped, as show n in FIG. 10, or tapered, rounded 35 must have the dead skin and charred tissue removed. Rem ov-or cone shaped, as shown in FIG. 11, to better treat curved

ng this tissue quickly after the bum can reduce the possibilitysurfaces, such as the area between the cheek and the nose.f infection since the dead tissue is a location where harm fulThe device uses a vacuum pump 24 which generates aacteria can hide.constant level of vacuum, which is controlled (lessened) byresently, devices to remove this dead and charred tissuethe venting of air into the system by the v alve 16 moun ted in 40 are called diamond fraises. Praises are cylinders coated withthe housing 10. As an alternative, the full vacuum can beiamond abrasive which are rotated with an electric motor.applied to the wand assembly 20. The level of vacuum canhese are essentially high-speed, hand-held grinders. Thethen be decreased by air vented into the system through ventrocedure is messy even though there are guards which arehole 50 by adjusting flow control valve 52 mounted on theuppose to reduce the spray generated. Besides the mess andwand 22 or treatment tube 20, as shown in FIG. 12. The valve 45 potential medical risk to m edical practitioners performing the52 can be configured to be a simple on/ off control or variablebrasion, it is very difficult to uniformly remove the desiredso that suction can be readily adjusted by the operator whileissue.performing the procedure.n additional use of this embodiment is to reduce majorWhile the treatment tube can be used alone to abrade thecars. These scars can be caused by severe acne, where theskin and the vacuum system can be configured to primarily so skin is heavily indented, or in the case of trauma, the scar maypick up the loosened s kin cells, it has been found that apply-rotrude above the skin surface.ing the vacuum through the hole 38 in the end of the treatmentdevice which can uniformly remove both the charredtip 40 provides an unexpected advantage. The skin beingaterial resulting from bums and reduce trauma scaring istreated is pulled against the abrasive tip, thus increasing thehown in FIGS. 19-21.effectiveness of the tissue abrasion and removal process. 55IG. 19 shows a block diagram of the s ystem comprising aSealing off ambient air raises the level of vacuum and makesonsole 110 which houses a power on-off switch 109, athe abrasion more aggressive. The concave tip as shown inacuum pump 111, a gauge 112 to display the vacuum pres-FIG. 4 is particularly effective when used in conjunction withure, a control valve 113 with knob to adjust the vacuuma vacuum, as it provides a larger surface area for the skin/ressure, an electronic control 114 to pow er die hand pieceabrasive material contact.o motor 115 and a cord 116 which connects the hand piece 150As a further variation, the treatment tip 22 can have ano the motor control. A canister 118 is used to separate theenlarged abrasive coated end 56, 58 which is flat and sloppedissue and fluids from the vacuum air while a container 119or sloped and concave such as show n in FIGS. 14 and 16olds sterile fluids to irrigate the diamond disc 130 and therespectively. While a single hole 38 in the center of the end 56rea of the skin being abraded.may be used for applying the vacuum , the efficacy of the 65 The hand piece 150 is constructed as shown in FIG. 20.abrasive tip can be improved by using several holes 38 thereinithin the hand piece 150 is a rotating abrader 132 w hich isFIG. 15 is an end view showing an example of a flat, slopedemovable for cleaning. An abrasive coating 130 w orking end


17/23

US RE42,960 F7

of the rotating abrader 132 is used to abrade the skin surface131. Rotation of the abrader 132 is provided by electric motor133 which is activated by the on/off control 117 mounted onthe hand piece. All alternative is to use a foot pedal (notshown) to turn the motor on and off. Tubing 134 provides fluidfor irrigation. This fluid also acts as a coolant-and aides inremoving the loosened skin and char particles. Tubing-135 isa conduit for providing a vacuum force to the abrasion site,the opposite end being connected to the particle collectionsystem 118 and vacuum source 111. The vacuum is main-tained in the hand piece 150 tip by vacuum seal 136. This sealalso keeps fluids out of the m otor portion of the handpiece.The components of the handpiece are enclosed within hous-ing 137, the open en d 152 of which contacts the skin andcreates a chamber for the vacuum. The housing 137 m ay beconstructed of a clear plastic for visibility, structural plasticsor any of numerous metals, such as stainless steel or alnmi-

m, frequently used for medical instruments and which canbe easily cleaned and sterilized.0As indicated above, the console 110 houses the vacuumpump 111, the vacuum g auge 112 and the control valve 113.The adjustable vacuum is used to provide a negative pressurebetween the skin surface 131 and the abrasive 130 on therotating disc 132. The vacuum also sweeps aw ay the debris 25and irrigation fluid. The fluid and debris is separated from theair by a filter in the collection system 118. Irrigation fluid,contained in a sterile reservoir 119, is supplied to the abradingsurface by the tube 138.To operate the system, the vacuum is set to a low pressure 30(for example 10 in-hg) and the motor speed is set to thedesired speed (for example 15,000 RPM). The open end ofthehand piece 150 is p laced against the skin surface 131, thevacuum causes the skin to bulge slightly and be sucked intothe open tip 152 of the headpiece 150, bringing it into contact 35with the abrasive surface. The reduced (negative) pressurealso causes the irrigation fluid to flow into the h and piece, thuslubricating and cooling the surface to be abraded. The on-offbutton 117 is depressed starting the motor. The hand piece isthen moved along the surface, abrading and removing the 40tissue that comes into con tact with the abrasive surface. Thedebris flows through the vacuu m tubing 139 and into thecollection chamber/filter 118.As indicated above, the abrasive surface can be provided inmany ways, such as by a diamond coating, machined surface, 45or even a raise surface such as in a comm on cheese grater.Also, the size can be varied from a large abrasive surfacefor burns to a pen cil point abrader for small surgical scars.While the invention has been shown and described withreference to different embodiments thereo f, it will be appre- 50ciated by those skilled in the art that variations inform, detail,compositions and operation may be m ade without departingfrom the spirit and scope of the invention as defined by theaccompanying claims.For example, the vacuum does not have to be provided by 55a vacuum pump w ith controller housing but can be providedby a centrally located vacuum system such as may be avail-able in a hospital or medical facility. However, to preventcontamination of the vacuum system the filter assemblyshould be provided to collect the tissue removed. The abrasive 60tip has been described as formed by adhering or attaching anabrasive material thereto ormachining the surface of the tip tocreate a roughened surface. However, one skilled in the artwill recognize that there are numerous chemical andmechanical processes to create a roughened surface on the 65end of the treatment tip sufficient for performing the processdescribed herein.

8I claim:1. A microdennabrasion device for removing portions ofthe outer layers of a skin surface comprising:a source of a vacuum, [and]a tube with an abrasive treatment tip therein for dislodgingcells from the skin surface being treated, the tube beingattached to the source of vacuum so that a lumen throughthe tube has a redu ced pre ssure therein which is less thanthe ambient pressure surrounding the tube, the tube hav-ing a first end, said first end having an opening thereinfor applying the reduced pressure within the tube to theskin surface, said vacuum causing the skin surface beingtreated to have an increased area of contact with theabrasive tip, the vacuum also functioning to collect tis-sue or cells removed from the skin surface being treatedwherein the abrasive treatment tip is [ a rotatable] anabrasive pad located within [and] the tube adjacent to theopening of the first end configured to rotate at least 360 0

within the tube, anda collection filter disposed between the treatment tip and

the source ofvacuuni so that aliparticulate matter enter-ing the at least one opening in the tube is collectedtherein.2. The device of claim 1 wherein the source of vacuum is avacuum pump enclosed within a housing, the housing [have]

having means thereon for m onitoring and controlling thelevel of vacuum delivered.3. The device of claim 1 further including means for vary-ing the level of reduced pressure applied through the treat-ment tip.4. The device of claim 3 wherein the means for varying thelevel of reduced pressure applied through the treatment tip isa valve mechanism mounted in the treatment tube.5. The device of claim 3 wherein the means for varying thelevel of reduced pressure applied through the treatment tip isa valve mechanism in operative connection to the source ofvacuum.6. The device of claim 1 wherein the abrasive tip hasdiamond, aluminum o xide, silicone carbide, silicon oxide ormetal nitride particles attached thereto.7. The device of claim 1 wherein the abrasive tip has amechanically or chemically created roughened surface.8. The device of claim 1 further including a collection filterdisposed between the treatment tip and the source of vacuumso that all particulate matter entering the at least one openingin the tube is collected therein.9. A m icrodermabrasion device for performing micro-abrasion of a slain surface comprising a tubular device with alumen there through, the tubular device hav ing a first end witha rotatable abrasive tip having an abrasive surface, the abra-sive tip mounted on a multiple RPM drive to provide rotarymotion, the first end having an opening therein, the rotatabletip positioned inside the lumen and adjacent the opening,[and] means o n a second end thereof for attachment to asource of a vacuum to apply a negative pressure to a s urface tobe treated, said vacuum causing increased [contacted] contactbetween the skin surface and the abrasive surface and acollectionfilter disposed between the first end and the sourceofvacuum so that all particulate matter entering the openingin the tube is collected therein.10. The tubular device of claim 9 wherein the abrasivesurface on the tip comprises crystalline diamond pieces per-manently secured to said tip.11. The tubular device of claim 9 wherein the abrasivesurface on the tip comprises crystalline aluminum oxidepieces permanently secured to said tip.

5

10

15

- X H I B I T


18/23

US RE42,960912. A m ethod of treating the skin surface of a patient toremove surface cells and reduce undesirable skin blem ishescomprising:providing a microdennabrasion device comp rising a tubu-

lar treatment tool with a rotatable abrasive skin contact-ing surface within an open distal end of a lurnen of thetreatment tool,providing a multiple RPlh1 rotational drive,providing a pressure through the lum en within the tubulartreatment tool, the pressure being less than ambient pres-sure surrounding the treatment tube,bringing the rotatableabrasive skin contacting surface intocontact with the skin surface to be treated while saidlesser pressure is delivered to the skin surface throughthe lumen and m oving the abrasive skin contacting Stu - -face across the skin surface [wherein] while the rotatableabrasive skin contacting surface is [a motor driven abra-sive disk] located within the lumen of the treatment tooland adjacent the open distal end is rotated by the rota-

tional drive, said vacuum providing increased contactbetween the skin surface and the abrasive disk.13. The method of claim 12 wherein the abrasive skincontacting surface has an abrasive crystalline materialadhered thereto.

1014. The method of claim 13 wherein the abrasive skincontacting surface is formed by a machining process.15. The method of claim 14 wherein the abrasive crystal-line material is diamond crystals.56. The microdermabrasion device of claim 1 . furtherincluding a delivery conduit mounted on the tube fot'provid-ing chemicals to enhance abrasion and liquids- to r=educefriction, or irrigate or cool the she surface and remove mate-rial loosened from the skin surface.107. The microderniabrasion device of claim 9 further including a delivery tube mounted on the tubular device forproviding chemicals to enhance abrasion and liquids toreduce friction, or irrigate or cool the slain surface and

remove material loosened from the skin surface.15 18. The method of claim 12 further including providing

through the tubular treatment tool and to the skin surfacechemicals to enhance abrasion and liquids to reduce friction,or irrigate or cool the skin surface and remove materialloosened from the skin surface while the abrasive skin con-

20 tacting surface is moved across the skin surface being treated.


19/23

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFO NIANOTICE OF ASSIGNMENT TO UNITED STATES JUDGES

This case has been assigned to District Judgeale S. Fischer nd the assignedMagistrate Judge islicia G. RosenbergThe case num ber on all documents filed with the Court should read as follows:CV13-07446 DSF (AGRx)Pursuan t to General Order 05-07 of the United States District Court for the Central District ofCalifornia, the Magistrate Judge has been designated to hear discovery related mo tions.All discovery related motions should be noticed on the calendar of the Mag istrate Judge.

Clerk, U. S. District Court

October 8, 2013 By D. LagmanDeputy Clerkate

NOTICE TO COUNSELA copy of this notice must be served with the summons and complaint on all defendants (if a removal action isfiled, a copy of this notice must b e served on all plaintiffs).

Subsequent documents must be filed at the following location:0 Western DivisionSouthern DivisionEastern Division312 N. Spring Street, G-811 West Fourth St., Ste 1053470 Twelfth Street, Room 134Los Angeles, CA 90012anta Ana, CA 92701iverside, CA 92501Failure to file at the proper location will result in your documents being returned to you.CV-18 (08/13)OTICE OF ASSIGNMENT TO UNITED STATES JUDGES


20/23

ALTAIR INSTRUMENTS, INC., a Californiacorporation,PLAINTIFF(S)

V .PAUL S. TAGGART dba PERSONAL MICRODERM ;AGE SCIENCES, INC., a Utah corporation;DER MST ORE , LLC, a Delaware limited liabilitycompany; AMAZON.COM , INC., a Delawarecorporation; and DOES 1 through 10,

DEFENDANT(S).

CASE NUMBER

CV13 - 07446 DSF (AGRx)

SUMMONS

Ronald P. Oines SBN 145016, ro [email protected] C. Richardson SBN 244461, triehardson rutan.cornRUTAN & TUCKER, LLP611 Anton B oulevard, Fourteenth FloorCosta Mesa, CA 92626Telephone: 714-641-5100Facsimile: 714-546-9035Attorneys for Plaintiff, Altair Instruments, Inc.

UNITED STATES DISTRICT COURTCENT L DISTRICT OF CALIFO IA

TO: DEFENDANT(S):A lawsu it has been filed against you.Within 21 days after service of this summons on you (not counting the day you received it), youmust serve on the plaintiff an answer to the attachedcomplaint amended complaint

counterclaim cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answeror motion m ust be served on the plaintiff's attorney, Ronald P. O ines, Esq., Thomas C. Richardson, Esq., Rutan& Tuck er, LLP, whose address is 611 A nton Boulevard, Fourteenth Floor, Costa Mesa, CA 92626. If you fail todo so, judgment by default will be entered against you for the relief demanded in the complaint. You also mustfile your answ er or motion with the court.

Dated:y:Clerk, U.S. District CourtD O W I E L A G M ADeputy Clerk

(Seal of the Court)

[Use 60 d ays i f the defendant is the U nited States or a Un ited States agency, or is an officer or employee of the United States. Allowed60 days by R ule 12(a)(3)].

CV-01A (10/11 UMMONS American LegaiNet, Inc.www.FormsWorkFlow.com


21/23

UNITED S' =S DISTRICT COURT, CENTRAL DISTRICT C ALIFORNIACIVIL COVER SHEET

PLAINTIFFS ( Check box if you are representing yourself I] )AIR INSTRUMENTS, INC., a California corporation,

DEFENDANTS Check box if you are representing yourself Ell )PAUL S. TAGGART dba PERSONAL MICRODERM; AGESCIENCES, INC., a Utah corporation; DERMSTORE, LLC, aDelaware limited liability company; AMAZON.COM , INC., aDelaware corporation; and DOE S 1 through 10,

Attorneys (Firm Name, Address and Telephone Number. If you

a Mesa, CA 92626elephone: (714) 641 -5100 (b) Attorneys (Firm Name, Address and Telephone Number. If youare representing yourself, provide same information.)(Place an X in one box only.)1. U.S. Government 3. Federal Question (U.S.Plaintiffovernment Not a Party)1 2. U.S. Government. Diversity (Indicate CitizenshipDefendantf Parties in Item III) III. CITIZENSHIP OF PRINCIPAL PARTIES - Fo r Diversity Cases Only(Place an X in one box for plaintiff and one for defendant)PT FEFT FEFIncorporated or Principal PaceCitizen of This Statel 1l 1f Business in this Statel 4l 4Citizen of Another State11 2ncorporated and Principal Pace El 5lof Business in Another StateCitizen or Subject of aForeign Country11 3I 3oreign Nationl 6l 6

. ORIGIN (Place an X in one box only.)1. Original2. Removed froml 3. Remanded fromProceedingtate Courtppellate Court ci 4 . Reinstated or E l 5. Transferred from AnotherReopenedistrict (Specify) 6. Multi-DistrictLitigation

REQUESTED IN COMPLAINT: JURY DEMAND:es Li No (Check "Yes" only if demanded in complaint.)under F.R.Cv.P. 23: [11 Yes I1 N oONEY DEMANDED IN COMPLAINT: $ According to proof.I. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)This is an action for patent infringement arising under the Patent Laws of the United States, Title 35, United States Code.NATURE OF SUIT (Place an X in one box only).OTHER STATUTES CONTRACT REAL PROPERTY CONT. IMMIGRATION PRISONER PET IT IONS PROPERTY RIGHTS375 False Claims Act

i 400 StateReapportionment410 Antitrust430 Banks and BankingRates/Etc.460 Deportation

i 470 Racketeer Influ-enced & Corrupt Org.i 480 Consumer Credit490 Cable/Sat TV

850 Securities/Corn- modities/Exchange890 Other StatutoryActions891 Agricultural Acts893 Environmentali Matters895 Freedom of Info.Act896 Arbitration899 Admin. Proceduresi Act/Review of Appeal ofAgency Decision950 Constitutionality ofState Statutes

110 Insurance II 240 Torts to Land 462 NaturalizationApplication465 OtherImmigration Actions

Habeas Corpus:463 Alien Detainee

ii 510 Motions to VacateSentence530 General535 Death Penalty

Li 820 Copyrights245 Tort ProductLiability

fl 290 All Other RealProperty

111 120 Marine 830 Patent130 Miller Act140 NegotiableLi Instrument150 Recovery ofOverpayment &Enforcement ofJudgment151 Medicare Act152 Recovery ofDefaulted StudentLoan (Excl. Vet.)153 Recovery ofOverpayment ofVet. Benefits160 Stockholders'Suits190 OtherContract

El 195 ContractIi Product LiabilityFranchise

LII 840 TrademarkTORTSPERS ONA L PROPERTYSOCIAL SECURITY

TORTSPERSONAL PROPERTY LII 861 HIA (1395ff)El 862 Black Lung (923)

Li 863 DIWC/DIVVW (405 (g))Li 864 SSID Title XVILi 865 RSI (405 (g))

310 Airplane315 AirplaneLi Product Liability320 Assault, Libel &Slander330 Fed. EmployersLiability340 Marine345 Marine ProductLiability350 Motor Vehicle355 Motor VehicleProduct Liability360 Other PersonalLi Injury362 Personal Inury-Med Malpratice

LI96 365 Persona Inury-Product Liability367 Health Care/PharmaceuticalPersonal InuryProduct Liability368 AsbestosPersonal InuryProduct Liability

370 Other Fraud371 Truth in Lending380 Other PersonalLi Property Damage385 Property DamageProduct Liability

Other:540 Mandamus/Other550 Civil Rights555 Prison Condition560 Civil DetaineeConditions of -EDERAL TAX SUITSBA NKRU PTCY Confinement 870 Taxes (U.S. Pla int if f or

Defendant)871 IRS-Third Party 26 USC7609

422 Appeal 28USC 158423 Wthdrawal 28L I I USC 157

FORFEITURE/PENALTY625 Drug RelatedLi Seizure of Property 21USC 881690 Other

CIVIL RIGHTSLi 440 Other Civil Rights441 V oting442 Employment443 Housing/Accomodations445 A merican withLIisabilities-Employment446 Am erican withDisabilities-Other448 Education

LABORn 710 Fair Labor Standards`--- Actmi 720 Labor/Mgmt.''" Relations

740 Railway Labor ActLI751 Family and MedicalLeave Actr1 790 Other LaborLitigation

791 Employee Ret. Inc.1---I Security Act

REA L PROPERTYL210Land

CondemnationLi 220 ForeclosureU 230 Rent Lease &MI Ejectmentase Number:V13 - 07446 DSF (AGRx)

IVIL COVER SHEET

age 1 of 3


22/23

UNITED STATE DISTRICT COURT, CENTRAL DISTRK DF CALIFORNIACIVIL COVER SHEET

Your answers to the questions below will determine the division of the Court to which this case will most likely be initially assigned. This initial assignmeubject to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal.

Yeso STATE CASE WAS PENDING IN THE COUNTY OF: INITIAL DIVISION IN CACD IS:Los Angeles Westernsponding division in response to

stion D, below, and skip to Section IX.

Ventura, Santa Barbara, or San Luis Obispo WesternLI Orange Southern

L I Riverside or San Bernardino Eastern_If the United States, or one of its agencies or employees, is a party, is it:

INITIALDIVISION INPLAINTIFF?

Then check the box below for the county inwhich the majority of DEFENDANTS reside.CACD IS:

A DEFENDANT?Then check the box below for the county tawhic_the majori ty, of PLAINTIFFS reside.

Yesosponding division in response to

stion D, below, and skip to Section IX.

Los Angeles Los Angeles WesternVentura, Santa Barbara, or San LuisObispo

Ventura, Santa Barbara, or San LuisObispo Western

L I Orange LI Orange SouthernL I I Riverside or San Bernardino LI Riverside or San Bernardino EasternL I Other LI Other Western

Question C: Location of ....and claimsA.

Los AngelesCdurityB.

Ventura, Santa Barbara, orSan Luis Obispo CountiesC.

Orange County Riverside or SanBernardino Counties

E.Outside the CentralDistrict of California

F.Other

Indicate the location in which amaority of plaintiffs reside:Indicate the location in which amajority of defendants reside: raIndicate the location in which amaority of claims arose: G.

Is either of the following true? If so, check the one that applies:LI 2 or more answers in Column CLI only 1 answer in Column C and no answers in Column D

Your case will initially be assigned to theSOUTHERN DIVISION.Enter "Southern" in response to Question D, below.

If none applies, answer question C2.to the right.

C.2. Is either of the following true? If so, check the one that applies:Lii 2 or more answers in Column DLI only 1 answer in Column D and no answers in Column C

Your case will initially be assigned to theEASTERN DIVISION.Enter "Eastern" in response to Question D, below.

If none applies, go to the box below.Your case will initially be assigned to the

WESTERN DIVISION.Enter "Western" in response to Question D below.

INITIAL DIVISION IN CACDr the initial division determined by Question A, B, or C above: O> WESTERNIVIL COVER SHEETage 2 of 3

American LegalNet, Inc.www.FormsWorkFlow.corn


23/23

UNITED STATL DISTRICT COURT, CENTRAL DISTRI( )F CALIFORNIACIVIL COVER SHEET

NTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed?If yes, list case number(s):

Have any cases been previously filed in this court that are related to the present case?If yes, list case number(s):

NOESNOII YES

Civil cases are deemed related if a previously filed case and th e present case:(Check all boxes that apply) El A. Arise from the same or closely related transactions, happenings, or events; or

Ell B. Call for determination of the same or substantially related or similar questions of law and fact; orEl C. For other reasons would entail substantial duplication of labor if heard by different judges; orEi D. Involve the same patent, trademark or copyright and one of the factors identified above in a, b or c also is present.

DATE: October 8, 2013R SELF-REPRESENTED LITIGANT): Ronald OinesThe CV-71 (JS-44) Civil Cover Sheet and the informa on contained herein neither replace nor supplement the filing and service of pleadings o

Nature of Suit Code Abbreviationubstantive Statement of Cause of ActionAll claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also,86 1IAnclude claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program.(42 U.S.C. 1935FF(b))862Lll claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C.923)

All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plu863IWCll claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as863IWWmended. (42 U.S.C. 405 (g))

864SIDll claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, amended.865SIll claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended.(42 U.S.C. 405 (g))