altair instruments v. riiviva et. al

7/27/2019 Altair Instruments v. Riiviva Et. Al.

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2 U 1 3 O C TM 2 1 1ALTAIR INSTRUMENTS, INC., aCalifornia corporation,

Plaintiff,VS.

RIIVIVA, LLC a Delaware limitedliability company; BIOMERICS, LLC, aUtah limited liability company;DERMSTORE, LLC, a Delaware limitedliability company; AMAZON.COM ,INC., a Delaware corporation; andDOES 1 through 10,

Defendants.

ELLE,Ronald P. Oines (State Bar No. 145016)[email protected] C. Richardson (State Bar No. 244461)[email protected] & TUCKER, LLP611 Anton Boulevard, Fourteenth FloorCosta Mesa, California 92626-1931Telephone: 714-641-5100Facsimile: 714-546-9035Attorneys for PlaintiffALTAIR INSTRUMENTS, INC.

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

Case No.COMPLAINT FOR PATENTINFRINGEMENTDEMAND FOR YT

Plaintiff ALTAIR INSTRUMENTS, INC. ("Altair") as its Complaint againstDefendants RIIVIVA , LL C, ("Riiviva"), BIO1VL ER ICS, LL C ("Biomerics"),DERMSTORE, LLC ("DermStore"), AMAZON.COM, INC. ("Amazon") and Does1 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 arisingunder an Act of Congress relating to patents) and 28 U.S.C. 1331 (federalWan & Tucker LLP

attorneys at law

2118/024004-00196218942.1 al 0/07/13

COMPLAINT FOR PATENTINFRINGEMENTDEMAND FOR JURY TRIAL

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question).2.enue 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 resides

in 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 P TIES3 . 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 Riiviva is a Delaware limited

liability company with its principal place of business located at 6321 S. RedwoodRoad, Suite 103, Salt Lake City, Utah.

5 . On information and belief, defendant Biomerics is a Utah limitedliability company with its principal place of business located at 2700 S. 900 W.Suite D, 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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RUtan & Tucker LLPattorneys at law

2118/024004-00196218942.1 al0/07/13

COMPLAINT FOR PATENTINFRINGEME NT; DEMAND FOR JURY-2 - RIAL


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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.

GENERAL ALLE GATIONS11. On June 5,2001, United States Patent No. 6,241,739, entitled"Microdermabrasion Device And Method Of Treating The Skin Surface" ("the '739patent"), was duly and legally issued by the United States Patent and TrademarkOffice (the "USPTO").

12 . By assignment, Altair is the owner of all rights, title and interest in andto the '739 patent, including all rights to recover for any and all past infringementthereof. A true and correct copy of the '739 patent is attached hereto as Exhibit"A." Altair has given notice to the public of its patent by marking its own productswith the '739 patent in conformity with 35 U.S.C. 287(a).

CLAIM FOR RELIEF(Infringement of the '73 9 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 "Riiviva Microderm" whichcontains each and every element of at least one claim of the '739 patent, including inthis Judicial District. Users of the Riiviva Microderm also infringe the '739 patent.As such Defendants have infringed and are infringing the '739 patent and will

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continue to do so, unless enjoined by this Court. Defendants directly infringe the'739 patent, and are also liable for contributory and inducing infringement.

15 . Defendants' infringement of the '739 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.

PRAYERWHEREFORE, 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 withDefendants or any of them, from further infringement of the '739 patent;

b. A judgment by the Court that Defendants have infringed and areinfringing the '739 patent;

c. An award of damages for infringement of the '739 patent,together with prejudgment interest and costs, said damages to be trebled by reasonof the intentional and willful nature of Defendants' infringement, as provided by35 U.S.C. 284;

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

e. Altair's costs of suit herein; and

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Satan & Tucker LLPattorneys at law

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f.or such other and further relief as this Court deems just and234

proper.Dated: October 8, 2013 RUTAN & TUCKER, LLPRONALD P. OINES

THOMAS C. RICHARDSON5 By:onald ClinesAttorneys for Plaintiff ALTAIRINSTRUMENTS, INC.8910

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COMPLAINT FOR PATENTINFRINGEMENT; DEM AND FOR JURY

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RP. lanesAttorney or PlaintiffALTAIR INSTRUMENTS, INC.By:DEMAND FOR JURY TRIALAltair hereby demands a trial by jury.Dated: October 8, 2013UTAN & TUCKER, LLPRONALD P. OINESTHOMAS C. RICHARDSON89101112131415161718192021222324252 62728

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I L : 1 1 1 1 1 1 1 1 1 I I I 1 1 1 1 1 1 1 1 1 1 , 1 , 1 0 1 1 0 4 1 _ , 1 1 1 1 1 1 1 1 , 1 [ I 1 1 1 1 1 1 1 1 1 1 1 I r 1 1 1 1 1 1 1 1 1 1 1(12) United States Patent1 0 ) Patent No.:S 6,241,739 131Waldron45 ) Date of Patent:un. 5, 2001

MICRODERMABRAS ION DEVICE ANDMETHOD OF TREATING TH E SKINSURFACEInvenfor: - Stephen H. Waldron, Camarillo, CA(US)Assignee: Altair Instruments, Inc., Camarillo,CA (US)Notice:ubject to any disclaimer, the term of thispatent is extended or adjusted under 35U.S.C. 154 (6) by 0 days.

(21) Appl. No.: 09/440,02 0(22) Filed:ov. 12, 1999(51) Int. CI. 7A61B 17/50( 5 2 ) U.S. Cl.606 /1 31(58) Field of Search606/131; 600/562,600/569(56)eferences CitedU.S. PATENT DOCUMENTS2,701 ,559 * 2/1955 Cooper60015692,712 3 82 3 7/1955 Kurtin 2,867,214 1/1959 Wilson .2 ,881 ,763 4/1959 Robbins2,921,585 1/1960 Schumann .3 ,964 ,212 6/1976 Karden51/170 PT4,378 ,804 4/1983 Cortese, Jr. .4 , 957 , 747 9/1990 Stief el424/691 5,012,797 5/1991 Liang et al. .5,037,431 8/1991 Summers et al.606/1315,037,432 8/1991 Molinari606 /1 315,100,412 3/199 2 Rosso606 /1 315,207,234 5/1993 Rosso1 28/8985,800,446 9/1998 Banuchi................... 606 /1 315,810,842 9/1998 Di Fiore et al.606 /1 315 , 9 71 , 9 99 * 10/1999 Naldoni606/1316,042,552 4 3 /2000 Cornier. . . . . . . . . . . . . . . . . . 600 / 562OTHER PUBLICATIONSNew s Release, American Society for Dermatologic Surgery,An Update on MicroDermabrasion, May 19, 1999 pp . 1-2.Nidecker, Anna, "Microdermabrader Offers Alternative toLaser, Peels", [Skin & Allergy News 29(3 ) :48, 1998 Inter-national Medical New s Group], pp. 1-2.* cited by examinerPrimal) ExaminerJeffrey A. Smith(74) Attorney, Agent, or Filmichael J. Ram; Koppel &Jacobs(57)BSTRACTThis invention provides a treatment tool and tissue collec-tion system, for remove of outer layers of skin to provide arevitalized, fresh sltha surface, and a method of using same,comprising an abrasive tipped tool mounted on the end of atube, said tube being connected to a source of vacuum. Thevacuum aids in maintaining intimate contact between theabrasive tip and the skin during the treatment proce: ,;2..ardtransports the removed tissue to a collection container.15 Claims, 4 Drawing Sheets


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Dermabrasion, also referred to as microderruabrasion, is aprocess for removal of de ad cells from the outermost layerof the skin, referred to as the epiderm is, clean out blocked pores, and enhance skin tone. Additionally, the margins ofacne scars and other traumatic scars can be erased and aging 20spots and sun damaged skin can be p olish off. This must beaccomplished without injuring the lower tw o layers, namely,the dermis and the subcutaneous layer or lower dermis.Typically, the skin surface is treated a minimum of 5 timesspaced 7 to 10 days apart. This is then follow ed by periodic 25maintenance sessions. The ben efits are:

I. poor, dull skin is enhanced by a gentle resurfacing ofthe superficial skin layers,2. expression lines typically seen on the forehead andaround the mouth are softened,3. fine, crepey lines on the cheeks, generally caused byaging and um-,10.mage are reduced,4. pigment changes and sk in 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 smoothed.Use of abrasion techniques can be traced back to theancient Egyptians who used alabaster and pumice to remove 40blemishes and rough spots and to make the skin smooth andsoft. More recently, abrasive tipped devices or rotatingbrushes and cylinders coated with abrasive p articles, such asdiamond dust, have been used to remove skin layers (U.S.Pat. Nos, 2 ,712,823; 2 ,867,214; 2 ,881,763 ; 2 ,921,585).5Pat. No. 5,80 0,44 6 describes a stick, glove finger tip or glovepalm coated w ith an abrasive material w hich is rubbed overthe skin surface to provide a polishing action. U.S. Pat. No.3 ,96 4,212 directed to a pneumatic grinding machine for flatsurfaces, incorporates a rotating grinding tool enclosed in a se

housing with air flowing over the surface to collect dustcreated by the grinding operation. U.S. Pat, No. 4,37 8,8 04 isdirected to a skin abrasion device which uses flowing w aterto rotate an abrasive brush and create a vacuum to removeloosened skin particles. The rotating brush is usually used in 55conjunction w ith a liquid detergent or medicinal compoundapplied to the skin surface being scrubbed. Chemicals,ultrasonic oscillating tips (U.S. Pat. No. 5,012,797) andlasers have also been used for a more aggressive abrasion.U.S. Pat. No. 5,03 7,43 1 describes the use of a pressurized jet 60of a liquid, such as water or sterile saline, to fragment andremove diseased tissue without harming surroundinghealthy tissue. This device operates in conjunction withvacuum aspiration to remove the liquid and fragmentedtissue.5The present trend is to abrade the skin surface usingpow dered aluminum oxide or a liquid topical composition 3035

US 6,241,73 9 1311

MICRODERIVIABRASION DEVICE ANDMETHOD OF TREATING THE SKINSURFACEBACKGROUND OF TH E INVENTION

This invention provides a treatm ent tool and tissue col-lection system for it:MOVP, of outer layers of skin to providea revitalized, fresh skin surface. This objective is to removedead and old skin cells without damaging the remaining skinsurface and without the use of pow dered abrasive materialsbecause these materials may result in undesirable sideeffects.DESCRIPTION OF THE PRIOR ART

2containing suspended aluminum oxide (U.S. Pat. No. 4,9 57 ,74 7). U.S. Pat. No. 5,0 3 7,43 2 provides for the pressurizeddelivery, using compressed air, of a powdered, abrasivesubstance and the removal of the abrasive substance andloosened skin tissue using a vacuum. The abrasive substanceis typically microcrystals of quartz, metal, or aluminumoxide. The powdered abrasive is blown through a wandwhich has a hole in the skin contact end to provide access ofthe abrasive to the skin surface being treated. An alternative

10 is to cause the aluminum oxide pow ders to flow by ap plyinga vacuum to the exhaust side of a container holding theabrasive powder and entraining the pow der in a flowing gasstream. The powder is then drawn by the vacuum through atreatment tool, across the skin surface to abrade or rub off the

15 epidermis and then recovered along with the skin particles ina collection chamber (U.S. Pat. Nos. 5,100 ,412; 5 ,207 ,23 4;5,810,842). This process is similar to "bead-blasting". Apotential disadvantage of all of these techniques is thatparticles can be lodged in the skin and a substantial amountof aluminum oxide and cells, which have to be properlydisposed of, may be left behind on or in the skinW hile no toxic effects have been show n from aluminumoxide left on or in the skin, this material has been shown tocause inflammatory changes to the lungs in w orkers whohave inhaled aluminum oxide. (Schwarz, Y, et al., "Evalu-ation of Workers Exposed to Dust Containing Hard Metalsand Aluminum Oxide" Am .T of Ind Med, 34(20;177-82)August 199 9). Also, the eyes must be protected from thehighly abrasive dust, which can injure the cornea. Therefore,it is recommended that workers using these devices wear

breathing masks and glasses to provide protection fromophthalmic and respiratory damage. Similar protection issuggested for patients being treated. It is also possible that =particles of the abrasive material can be left im bedded in theskin surface resulting in long term irritation and provide asitus for bacterial infections.SUMMARY OF TH E INVENTIONThe device for microdermabrasion comprises a hollowtube with and abrasive material permanent attached to a skincontacting end. The abrasive coated tip is moved over theskin surface wh ile a vacuum is applied through the tube tothe skin surface to remove cells abraded from the skin

surface. The vacuum also causes the skin to be held inintimate contact with the abrasive tip during the treatmentprocedure.DESCRIPTION OF THE FIGURES

FIG. 1 is a schematic draw ing of a device incorporatingfeatures of the invention.FIG. 2 is a partial cutaway view of a treatment tube andfilter assembly used in the device of FIG. 1 .FIG. 3 is a schematic drawing of the vacmm2 flow path ofthe device of FIG. 1.FIG. 4 is a cutaway side view of the end of the treatmenttube.FIG. 5 is an enlarged view of the circled portion of FIG.5A.FIGS. 6A and 7 A, are cutaway side views Of tw o differenttreatment tubes usable with the device of FIG. 1.FIGS. 6B and 7B are end views of the two differenttreatment tubes of FIGS. 6A and 7A.FIG. 8 is a cutaway side view of the end of a slopedtreatment tube.FIG. 9 is a cutaway side view of the end of a taperedtreatment tube.


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US 6,241,73 94FIG. 3 show s the flow of the air stream through thevacuum system. It comprising a vacuum pump 24 , filterassembly 18, tubing 26 which connects the filter to thetreatment tip 22 and vacuum line 3 6 connecting the filterassembly 18 to the vacuum pump 2 4. The vacuum pump 2 4

is operated at a fixed speed to produce a fixed vacuum level.To control the level of vacuum ap plied through the treatmenttip 22 to the skin, a valve 16 vents air into the system, thusreducing the amount of vacuum. Gauge 14 allows the, levelof vacuum to be monitored. Of course, the vacuum pumpcan be operated at different speeds to change the level ofvacuum applied.Referring to FIG. 2, a vacuum is app lied 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 of thetreatment tip. As the tube is manually moved across skin theroughened surface abrades the epidermis dislodging cellsfrom the surface. The vacuum causes the dislodged cells toflow into the w and assembly 26 . The level of abrasiondepends on the level of vacuum applied to the treatment tipand the size of the abrasive particles attached to the treat-ment tip.

FIG. 4 is a side view of the w orking end of the treatmenttube 22 . The end of the treatment tube 22 has diamond grit42 preferably adhered to the end of a metal tube by a platingprocess using nickel 44 as a binder. The nickel 44 is appliedin a controlled manner so that sufficient nickel is present tohold each piece of diamond in place, but yet allow a facetedportion of the diamond to be exposed, the sharp edges of thediamond providing the cutting edges. A diamond p articlesize of around 0.003 5 inches (63 -75 microns) produces asmooth and anifnail removal of skin surface. How ever,diamond particles from about 50 to about 15 0 microns canbe used to produce different levels of abrasion, the largerparticles removing more skin cells and performing the cellremoval more rapidly. However, if the particles are to largethe dermis can be dam aged and injury to the second andthird layers of skin can occur. Very fine particles remove fewskin cells and act more in a polishing manner. Other abrasivematerials, such as aluminum oxide, can be bonded to thetreating tool tip or the tip itself can have a roughened surfacecut into the end thereof. Use of an adhered aluminum oxideof about 100 grit (151/.0 provides a coarse (aggressive)treatment, and use of about a 120 grit (1270 materialprovides a medium level of treatment. Particles with a highergrit (i.e. small size particles) w ould create more of a pol-ishing effect. Of course, many different hard abrasive mate-rials known to those skilled in the art, such as siliconcarbide, silicon oxide, and various metal nitrates can be usedin place of the diamond or aluminum oxide.The dimensions and materials used to construct the wandassembly 20 is not critical. H owever, a:preferred treatmenttip 22 is formed from a 12 ram OD stainless steel tube witha 6 mm ID and a diamond coated end. The stainlesssteel/diamond tool can be steam or chemical sterilizedbetween uses w ithout damage. A first alternative would be tohave a single use or single patient tube which is made ofplastic, the end being coated w ith aluminum oxide, orsimilar abrasive materials. The abrasive can also be adheredw ith an adhesive. A further alternative w ould be a tube,which could be stainless steel, plastic or other stiff tubularmaterial, with a suitable removable and replaceable tip or atip w ith an abrasive end surface formed by a machiningprocess.FIG. 6a show s a removable disc 46 sized to fit over theend 40 of the tube 22. The disc 46 has an abrasive end or

3FIG. 10 is a cutaw ay side view of a valved treatment tube.FIG. 11 is a cutaway side view of the end of a treatmenttube w ith a second tube for delivery of a supplementaltreatment fluid.FIG. 12A is a side cutaway side view of the end of a 5treatment tube with an enlarged, sloped end.FIG. 12B is an end view of the treatment tube of FIG.12A.-FIG. 13 is a side cutaway side view of the end of a 1 0treatment tube with an enlarged, sloped concave end.FIG. 14A is a view of a rectangular shaped treatmentsurface with the handle being the conduit for the vacuum.FIG. 14B is a cutaw ay side view of the end of a treatmenttube with an enlarged, rectangular shaped end.5DETAILED DESCRIPTION OF TH EINVENTIONThe invention provides the capability to perform micro-- 2 0derm abrasion w ithout the potential health risks or hazards of

using a flowing, p ow dered metallic substance such as alu-minum oxide. This is generally accomplished by the use ofa tube haying a treatment tip with an abrasive materialpermanently attached thereto. The term "tube" or "tubular" 2 5used herein refers to an elongated hollow structure of anycross section, which includes, but is not limited to, a round,oval, square or rectangle cross section. The abrasive coatedend piece, w hich may also have various different shapedcross sections, may be secured to the treatm ent tip or be 3 0removable and interchangeable. The abrasive tip is rubbedover the skin surface being treated. The tube and relatedinstrumentation also provides a vacuum collection and anoptional filter system for collection of the skin cells removedby the procedure, the skin cells being aspirated through a 3 5hole or holes in the central portion of the abrasive tip. Thevacuum also aids in making an intimate contact betw een theskin and the abrasive coated tip.FIG. 1 show s the overall system which comp rises ahousing 10 w hich encloses a vacuum pump 24 , an ON/OFF 4 0switch 12 , a gauge 14 to m easure the level of vacuum anda valve 16 to adjust the vacuum. While not necessary foroperation of the invention, shown mounted on the externalsurface of the housing 10 is a filter assembly 18. Attached tothe filter assembly 18 is a hollow tube or wand assembly 20 4 5upon w hich the treatment tip 22 is mounted. The other endof the filter assembly 18 is connected to the vacuum pump24 located inside the housing 10.

FIG. 2 shows the wand assembly 20 comprising tubing 26connecting the tip 22 and filter assemble 18. W ithin the filter 5 0assembly 18 is a filter pad 28 w hich collects the loosenedskin tissue and prevents the skin tissue or collected bodyfluids and oils from entering the vacuum pump. The variousdifferent tips 22 are discussed in detail herein below. Thetubing 26 is flexible so that it is easy to manipulate the tip 55and to allow ready connection of the wand assembly 20 toan upper hollow extension 30 on the external surface of thefilter assembly 18 and a connector tube 32 on the tip. Sincethe system uses vacuum, the connections are self-sealing.

A low er hollow extension 34 extending from the filter 60assembly 18 fits into a matching hole on the main housing10. The filter assembly 18 is easily removable so that it canbe replaced after each p atient and disposed of. The filtrationpad 28 inside the filter housing 18 catches the debris butallows air to easily flow through the pad. The lower hollow 65extension 34 allows air pulled through the filter assembly 18to be drawn into the vacuum pump 2 4.


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US 6 ,241 ,73 9 B1abrasive material attached to its ou ter end. During theprocedure various disc w ith different abrasive characteristicscan be interchanged and at the conclusion of the procedurethe disc(s) 46 can be discarded.

The end of the tube can also be made abrasive bymachining the surface as show n in FIGS. 7a and 73 in amanner comm only called knurling. Diamond shaped pro-jections _48 . are, raised on the surface for abrading in anydirection. This would be similar to the construction of woodand metal files. The tip as shown in FIG. 7b can also beprovided which raised portions tapered and oriented in onlyone direction, similar to a saw teeth, except the tooth wouldonly be a few thousands of an inch high, to achieve smoothabrading of the surface.Besides providing different means of abrasion on the endof the treatment tip 22 , the contour or shape of the tip canbe varied. FIGS. 6a and 7a show a fiat end. The fiat end canprovide a greater surface area in contact w ith the skin for anaggressive removal of surface cells. A concave surface asshown in FIG. 4, in conjunction with the vacuum applied to

the skin surface results in a more uniform cutting surface onthe skin. For easier access to difficult to reach locations theroughened ends can be sloped, as shown in FIG. 8, ortapered, rounded or cone shaped, as shown in FIG. 9, tobetter treat curved surfaces, such as the area between thecheek and the nose.The device uses a vacuum pump 24 which generates aconstant level of vacuum, which is controlled (lessened) bythe venting of air into the system by the valve 16 mountedin the housing 10, As an alternative, the full vacuum can beapplied to the wand assembly 2 0. The level of vacuum canthen be decreased by air vented into the ffys't,im -throi.igh venthole , 50 :eyadji_isting flow control valve 52 mounted on thewand 2 0 or treatment tube 22, as shown in FIG. 10 . Thevalve 52 can be configured to be a simple on/off control orvariable so that suction can be readily adjusted by the

operator while performing the p rocedure.While the treatment tube can be used alone to abrade theskin and the vacuum system can be configured to primarilypick up the loosened skin cells, it has been found thatapplying the vacuum through the hole 3 8 in the end of thetreatment tip 4 0 provides an unexpected advantage. The skinbeing treated is pulled aga inst the abrasive tip, thus increas-ing the effectiveness of the tissue abrasion and removalprocess. Sealing off ambient air raises the level of vacuumand makes the abrasion more aggressive. The concave tip asshow n in FIG. 4 is particularly effective w hen used inconjunction w ith a vacuum, as it provides a larger surfacearea for the skin/abrasive material contact.As a further variation, the treatment tip 2 2 can have anenlarged abrasive coated end 56 ,58 which is flat and sloppedor sloped and concave such as shown in FIGS. 12 A and 13respectively. While a single hole 38 in the center of the end56 may be used for applying the vacuum, the efficacy of theabrasive tip can be improved by using several holes 38therein FIG. 12B is an end view show ing an example of aflat, sloped abrasive tip with multiple openings for applica-tion of the vacuum to the skin surface. An end view of theconcave tip of FIG. 13 w ould have a similar appearance.Further, while FIGS. 12A and 13 show the end to be p art ofthe treatment tip 22 it could be a separate removable pieceas shown in FIGS. 6a and 6 b. These configurations haveparticular utility in treating large flat body surfaces such asthe chest, back and legs of an individ ual. They can also beused where a large abrasive treatment surface is desired butit is preferential to spread out the applied vacuum so that it

6does not aggressively suck skin into the tip or suck the skininto the tip at a single point.FIG. 11 shows a second tube 54 mounted on the treatmenttip 22 . The tube could be used to allow the metered use of

5 chemicals to enhance the abrasion or supply or other liquidsto reduce friction.To use devices embodying the invention the vacuum isapplied, through the treatment tool, to the area of the skin tobe treated while the abrasive surface, which surfounds 'the

10 applied vacuum, is moved over the skin surface to b e treated.The abrasive tip is typically moved over the skin surface ina circular motion. How ever, a combination of vertical andhorizontal movements of the tip, w ith or without the circularmovements, may also be used to assure that the skin area is15 uniformly treated. Also, if a particular skin blemish orabnormality is to be treated. The tip motion can be restrictedto that particular portion of the skin.FIGS. 14A and 14 B show an elongated treatment end witha large central opening 59 for application of the vacuum to20 the skin. In this case the device has wide treatment, shapedlike a razor, and elongated abrasive areas for debrading flat

areas of skin.While the invention has been shown and described withreference to different embodiments thereof, it will be appre-ciated by those skilled in the art that variations in form ,detail, compositions and operation may be made w ithoutdeparting from the spirit and scope of the invention asdefined by the accompanying claims.For example, the vacuum does not have to be provided by

30 a vacuum pump w ith controller housing but can be providedby a centrally located vacuum system such as may beavailable in a hospital or medical facility. However, toprevent contamination of the vacuum system the filterassembly should be provided to collect the rEsue - mmoved.35 The abrasive tip has been described as formed by adheringor attaching an abrasive material t thereto or machining thesurface of the tip to create a roughened surface. How ever,

one skilled in the art will recognize that there are numerouschemical and mechanical processes to create a roughened40 surface on the end of the treatm ent tip sufficient for per-forming the process described herein.I claim -1. A device for removing p ortions of the outer layers ofskin comprising:45source of a vacuum, anda tube with an abrasive treatment tip thereon for dislodg-ing cells from a surface being treated, the tube beingattached to the source of vacuum so that a lumenthrough the tube has a reduced pressure therein which5Qisess than the ambient pressure surrounding the tube,the abrasive treatment tip having at least one openingtherein for applying the reduced pressure w ithin thetube to a skin surface, said vacuum causing the skinbeing treated to have an increased area of contact with55 the abrasive tip, the vacuum also functioning to collecttissue or cells removed from the skin surface beingtreated.2 . The device of claim 1 wherein the source of vacuum isa vacuum pump enclosed w ithin a housing, the housing have60 means thereon for m onitoring and controlling the level ofvacuum delivered.3 . The device of claim 1 further including means forvarying the level of reduced pressure app lied through thetreatment tip.65 4. The device of claim 3 w herein the means for varyingthe level of reduced pressure applied through the treatmenttip is a valve mechanism mounted in the treatment tube,


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US 6,241,739 131

5

75. The device of claim 3 w herein the means for varyingthe level of reduced pressure applied through the treatmenttip is a valve mechanism in operative connection to thesource of vacuum.6. The device of claim I wherein the abrasive tip has

particles of diamond, aluminum oxide, silicon carbide, sili-con oxide or m etal nitrides attached thereto.7. The device of claim 1 w herein the abrasive tip has amechanically or chemically created roughened surface.8. The device of c laim 1 further, including a collectionfilter disposed betw een the treatment tip and the source ofvacuum so that all particulate matter entering the at least oneopening in the abrasive treatment tip is collected therein.9. A tubular device for performing micro-abrasion of askin surface comprising a tubular device w ith a lumen therethrough, the tubular device having a first end with anabrasive surface and means on a second end thereof forattachment to a source of a vacuum to apply a negativepressure to a skin surface to be treated, said vacuum causingincreased contact between the skin surface and the abrasivesurface.

10. The tubular device of claim 9 wherein the abrasivesurface on the first end comprises crystalline diamond piecespermanently secured to said first end.11. The tubular device of claim 9 wherein the abrasivesurface on the first end comprises crystalline aluminumoxide perman ently secured to said first end.

812. A metho d of treating the skin surface of a patient toremove surface cells and reduce undesirable skin blemishescomprisingproviding a tubular treatment tool w ith an abrasive skincontacting surface,providing a pressure through a lumen within the tubular

treatment tool which is less than ambient. pressuresufrOunciing the treatment tube, and1 0rintag the abrasive skin contacting surface into con tactwith the skin surface to be treated while said lesserpressure is delivered to the skin surface through thelumen and

moving the abrasive skin contacting surface across theskin surface.13. The method of claim 12 wherein the abrasive skincontacting surface has an abrasive crystalline materialadhered thereto.

20 14. The method of claim 13 w herein the abrasive crys-talline material is selected from the group consisting ofcrystals of diamond, aluminum oxide, silicon carbide, sili-con oxide and metal nitrides.15. The method of claim 12 wherein the abrasive skinzs contacting surface is formed by a machining process.

5

71


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./4 = 'Ohloc'Aff

Wasfidegip

1I

I J i i 3111 E..11 l li ll 1 1 1 1 1 1 1 1 1 ,7 :11 i i i 1 1 1 1 1 i i i i i l i l t l i l tUS006241739C1(12) EX PARTE REE MINATION CERTIFICATE (6045th)United States Patent1 0 ) Number:S 6 ,241 ,73 9 ClWaldron45 ) Certificate Issued:ec. 11, 200 7(54) MICRODERMAI3RASION DEVICE AND 3,214,869 A 1 1 / 1 9 6 5 StrykerMETHOD OF TREATING THE SKIN 4,957,747 A 9/1990 Stiefel424/691SURFACE 5,037,432 A 8/1991 . Molimui606/1315,122,153 A 6/1992 Han- el( 7 5 ) " Inventor:tephen H. Waldron, Camarillo, CA 5,207,234 A 5/1993 Rosso128/898(US) 5,810,842 A 9/1998 Di Fiore et al.606/131(73) Assignee:ltair Instruments Inc., Camarillo, CA 5,882,201 A 3/1999 Salem(US) 5,971,999 A6,423,078 B1 * 10/19997/2002 NaldoniBays et al.6 0 6 / 1 3 1606/131

Reexamination Request: 6,641,591 B1 11/2003 ShadduckNo. 90/007,683, Aug. 22, 2005 OTHER PUBLICATIONSReexamination Certificate for:Patent No.:,241,739Issuedun. 5, 200 1Appl. No.:9/440,020Filed:

ov. 12, 1999(51) Int. Cl.A616 17/542006.01)A61B 17/322006.01)/161B 17/002006.01)A6111 9/002006.01)( 5 2 ) U.S. CI.606 /131(58 ) Field of Classification Search606/131;600 /562, 569See application file for complete search history.

(56)eferences- Cited'.U.S. PATENT DOCUMENTS

2,881,763 A * 4/1959 , Robbins606/131 U.S. Appl. No. 60/15 0,78 2, filed Aug, 26, 199 9, InventorJohn H . Shadduck.* cited by examinerPrimary ExaminerSara S Clarke(57)BSTRACTThis invention provides a treatment tool and tissue collec-tion system, for remove of outer layers of skin to provide arevitalized, fresh skin surface, and a method of using same,comprising an abrasive tipped tool mounted on the end of atube, said tube being connected to a source of vacuum. Thevacuum aids in maintaining intimate contact between theabrasive tip and the skin during the treatment process andtransports the removed tissue to a collection container.


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US 6 ,241 ,73 9 Cl1EX PARTEREEXAMINATION CERTIFICATEISSUED UNDER 3 5 U.S.C. 3 07

THE PATENT IS HEREBY AMENDED ASINDICATED BELOW .

Claims 7 and 15 are cancelled.Claims 1, 2, 6 and 9 -13 are determined to be patentableas amended.Claims 3-5 , 8 and 14, dependent on an amended claim,are determined to be patentable.New claims 16-18 are added and determined to bepatentable. 251. A device for removing portions of the outer layers ofskin comprising:a source of a vacuum, anda tube , w ith [an abrasive] a treatment tip thereon fordislodging cells from a surface being treated, the treat-

ment tip having an abrasive material permanentlyattached to an operating end thereof to provide atreatment delivery surface, the treatment delivery sur-face having an orientation fixed in regard to an axisextending longitudinally through the tube, the tubebeing attached to the source of vac uum so that a lumenthrough the tube has a reduced pressure therein whichis less' than the ambient pressure surrounding the tube, 40the [abrasive] treatment [tip] delivery surface having[at least one opening] one or more openings therein forcontinuously applying the reduced pressure within thetube through substantially all said one or more open-ings to a skin surface, said continuously applied 45vacuum causing the skin being treated to have anincreased area of contact with the abrasive materialpermanently attached to the treatment tip, the vacuumalso functioning to collect tissue or cells removed fromthe skin surface being treated.02 . The device of claim 1 wherein the source of vacuum isa vacuum pum p enclosed within a housing, the housing

[have] having means thereon for monitoring and controllingthe level of vacuum delivered.permanently attached to the treatment tip [has] comprises6. The device of claim 1 w herein the abrasive material 55particles of diamond, aluminum oxide, silicon carbide, sili-con oxide or metal nitrides [attached thereto].9. A tubular device for perform ing micro-abrasion of askin surface comprising a [tubular device] tube with a lumen 6 0there through, the [tubular device] tube having a first endw ith an abrasive surface provided by an abrasive materialpermanently attached thereto, the first end having one ormore openings in the abrasive surface, said abrasive surfacebeing at a fzxed orientation to an axis through the lumen, andmeans on a second end [thereof] of the tube for attachment 6 5to a source of a vacuum to apply] which continuouslyprovides a negative pressure through said one or more

2openings in the abrasive surface substantially simulta-neously to a skin surface to be treated, said vacuum causingincreased contact between the skin surface and the abrasivematerial attached to said surface of the first end.

10 . The tubular device of claim 9 w herein the abrasivematerial permanently attached to the surface on the first endcomprises crystalline diamond pieces [permanently securedto said first end].11 . The tubular device of claim 9 w herein the abrasivematerial permanently attached to the surface on the first endcomprises crystalline aluminum oxide [permanently securedto said first end].12 . A method of treating the skin surface of a patient toremove surface cells and reduce undesirable skin blemishescomprisingproviding a tubular treatment tool with [an abrasive] askin contacting surface having an abrasive material

permanently attached to the end thereof the skin con-tacting surface being non-rotational during use,providing [a pressure] through a lumen within the tubulartreatment tool and one or more holes in the end of saidtool a pressure w hich is less than ambient pressuresurrounding the treatment tube, andbringing the [abrasive] end of the skin contacting surfacehaving an abrasive material permanently attachedthereto into contact with the skin surface to be treatedwhile said lesser pressure is delivered to the skinsurface through [the lumen] the one or more holes incontact with the skin surface in the end of said tool, andmoving the abrasive material on the skin contactingsurface across the skin surface.13 . The method of claim 12 w herein the [abrasive] skincontacting surface has an abrasii: .crystalline materialadhered thereto.

16 . A microdermabrasion wand assembly for controlledremoval by abrasion of outer layers of skin without the useof a separately applied abrasive material comprising:

a hollow tubular wand having an abrasive materialpermanently attached to an operative end of saidtubular wand, a lumen extending through the length ofthe tubular wand providing a fiow channel from one ormore openings in the operative end of the tubular wandto a vacuum attachment end of the tubular wand, theone or more openings in the operative end of the wandbeing oriented for continuous contact with the skinsurface to increase the area of skin contact with theoperative end during use thereof in abrasively remov-ing the layer of skim

a source of a vacuum operatively attached to the vacuumattachment end of the tubular wand by a conduitconnecting there between such that the vacuum pro-vided by the vacuum source is applied through thelumen to the one or more openings in the operative end,a valve interposed between the source of vacuum and theoperative end, said valve operating to vary the level ofvacuum applied through the one or more openings inthe operative end, and

a filter interposed in the conduit between the source ofvacuum and the operative end.

17 . The micro dermabrasion wand assembly of claim 16wherein the abrasive material permanently attached is acrystalline material.18 . The microdermabrasion wand assembly of claim 17wherein the crystalline material is selected from the groupconsisting of crystals of diamond, aluminum oxide, siliconcarbide, silicon oxide and metal nitrides.

5

Matter enclosed in heavy brackets [ ] appeared in thepatent, but has been deleted and is no longer a part of the /0patent; matter printed in italics indicates additions madeto the patent.AS A RESULT OF REEXAM INATION, IT HAS BEENDETERMINED THAT: 15

20

30

35


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UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIANOTICE OF ASSIGNMENT TO UNITED STATES JUDGES

This case has been assigned to District JudgeMagistrate Judge istephen J. Hillman Dolly M. Gee nd the assignedThe case number on all documents filed w ith the Court should read as follows:CV13-074 47 DMG (SHx)

Pursuant to General Order 0 5 -07 of the United States District Court for the Central District ofCalifornia, the Magistrate Judge has been designated to hear discovery related motions.All discovery related motions should be noticed on the calendar of the M agistrate Judge.

Clerk, U. S. District Court

October 8, 20 13 By Dwayne RobertsDateeputy ClerkNOTICE TO COUNSELA copy of this notice must be served w ith the summons a nd complaint on a ll defendants (if a rem oval action isfiled, a copy of this notice m ust be served on a ll plaintiffs).

Subsequent documents must be filed at the following location:

X Western Division Southern Divisionl Eastern Division3 12 N . Spring Street, G-811 W est Fourth St., Ste 105 347 0 Tw elfth Street, Room 134Los Angeles, CA 900 12anta Ana, CA 9270 1iverside, CA 9250 1Failure 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


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ALTAIR INSTRUMENTS, INC., a Californiacorporation,

PLAINTIFF(S)V .

RIIVIVA, LLC, a Delaware limited liability company;BIOMERICS, LLC, a Utah limited liability company;DERMSTORE, LLC, a Delaware limited liabilitycompany; AMAZON.COM, INC., a Delawarecorporation; and DOES 1 through 10,

DEFENDANT(S).

CASE NUMBER

SUMMONS

Dated:

eql of the cotuifi

Clerk, U.S. District CourtBy:

Ronald P. Oines SBN 145016, ro [email protected] C. Richardson SBN 24 44 6 1, trichardson@ rutan.comRUTAN & TUCKER, LLP611 Anton Boulevard, Fourteenth FloorCosta Mesa, CA 92626Telephone: 714-641-5100Facsimile . 714-546-9035Attorneys for Plaintiff, Altair Instruments, Inc.

UNITED STATES DISTRICT COURTCENT L DISTRICT OF CALIFORNIA

TO: DEFENDANT(S):A lawsuit has been filed against you.Within 21 days after service of this summons on you (not counting the day you received it), you

must serve on the plaintiff an answer to the attached 1 1 complaint I Iamended complaintI I counterclaimcross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answeror motion must be served on the plaintiffs attorney, Ronald P. Oines, Esq., Thom as C. Richardson, Esq., Rutan& Tucker, LLP, whose address is 6 11 Anton Boulevard, Fourteenth Floor, Costa Mesa, CA 92 6 26 . If you fail todo so, judgment by default will be entered against you for the relief demanded in the complaint. You also mustfile your answer or motion with the court.[Use 60 da ys if the defendant is the United States or a United States agen cy, or is an officer oremplbjthe of the United States. Allowed60 da ys by Rule 12(a)(3)].

CV-01A (10/11 UMMONS American LegalNet, Inc. nwww.FormsWorknow.corn


20/22

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

DEFENDANTS Check box if you are representing yourself 111 )RIIVIVA, LLC, a Delaware limited liability company;BIOMERICS, LLC, a Utah limited liability company;DERMSTORE, LLC, a Delaware limited liability company;AMAZON.COM , INC., a Delaware corporation; and DOES 1through 10,

homas C. Richardson SBN 244461, trichardsonrutan.com

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. Federal Question (U.S.Plaintiffovernment Not a Party)I 4. Diversity (Indicate CitizenshipDefendantf Parties in Item III) III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only(Place an X in one box for plaintiff and one for defendant)PTF DEFCitizen of This StateI E 1Citizen of Another StateD 2 2Citizen or Subject of aForeign Country Incorporated or Principal Placeof Business in this StateIncorporated and Principal Placeof Business in Another StateLI 3 L13 Foreign Nation PTF DEFE 4E 4El 5 El6 EiUNITED S7 - ES DISTRICT COURT, CENTRAL DISTRICT CLIFORNIACIVIL COVER SHEETORIGIN (Place an X in one box only.)

1. Original. Removed froml 3. Remanded froml 4. Reinstated or El 5. Transferred from AnotherProceedingtate Courtppellate Courteopenedistrict (Specify) 6. Multi-DistrictLitigationREQUESTED IN COMPLAINT: JURY DEMAND:es LI No (Check "Yes" only if demanded in com plaint.)S ACTION under F.R.Cv.P. 23: El Yes I NoONEY DEMANDED IN COMPLAINT: $ According to proof.CAUSE OF ACTION (Cite the U.S. Civil Statute under w hich 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.OTHER STATUTES CONTRACT REAL PROPERTY CONT. IMMIGRATION-, PRISONER PETITIONS PROPERTY RIGHTS375 False Claims Act

I 400 StateReapportionment410 Antitrust430 Banks and Banking450 Commerce/ICCRates/Etc.460 Deportation

i 470 Racketeer Influ-

110 Insuranceiii 120 Marine

130 Miller Act140 NegotiableInstrument150 Recovery ofOverpayment &Enforcement ofJudgment151 Medicare Act152 Recovery ofDefaulted StudentLoan (Excl. Vet.)153 Recovery ofOverpayment ofVet, Benefits160 Stockholders'Suits190 OtherContract195 ContractProduct Liability

LI 196 Franchise

240 Torts to Land245 Tort ProductLiability290 All Other RealProperty

462 NaturalizationApplication465 OtherImmigration Actions

Habeas Corpus:LI463 Alien Detainee

510 Motions to VacateSentence530 General

LI535 Death Penalty

820 Copyrights830 Patent

LI 840 TrademarkTORTS

PERSONAL PROPERTY.!_

SOCIAL SECURITYTORTS

PERSONAL PROPERTY 861 HIA (1395ff)862 Black Lung (923)LILI 863 DIWC/DIVVW (405 (g))864 SSID Title XVI

310 Airplane315 Airplane

LI Product Liability320 Assault, Libel &E li Slander330 Fed, Employers'Liability340 Marine345 Marine ProductLiability350 Motor Vehicle355 Motor VehicleProduct Liability360 Other PersonalInjury362 Personal Injury-Med Malpratice365 Personal Injury-L I Product Liability367 Health Care/PharmaceuticalPersonal InjuryProduct Liability368 AsbestosPersonal InjuryProduct Liability

370 Other FraudLI 371 Truth in Lending380 Other PersonalL I Property Damage385 Property DamageProduct Liability

Other:LI 540 Mandamus/Other

550 Civil Rights555 Prison ConditionLI 560 Civil DetaineeConditions of

865 RSI (405 (g))480 Consumer Credit490 Cable/Sat TV

-50 Securities/Com-modities/Exchange890 Other StatutoryActions891 Agricultural Acts893 EnvironmentalMatters

li 895 Freedom of Info.Acti 896 Arbitration899 Admin. Procedures

FEDERAL TAX SUITS ,- BANKRUPTCY Confinement 870 Taxes (U.S. Plaintiff or

Defendant)871 IRS-Third Party 26 USC7609

422 Appeal 28USC 158423 Withdrawal 28L I USC 157

FORFEITURE/PENALTY --_-625 Drug Related

LI Seizure of Property 21USC 881

L I I 690 OtherCIVIL RIGHTS440 Other Civil Rights441 Voting 710 Fair Labor StandardsAct

720 Labor/Mgmt.Relations

L I I 740 Railway Labor Act751 Family and MedicalLeave Act790 Other LaborLitigation791 Employee Ret. Inc.Security Act

442 Employment443 Housing/Accomodations445 American withDisabilities-Employment

1146 American withDisabilities-Other448 Education

REAL PROPERTY-Act/Review of Appeal of 210 Land

CondemnationL I 220 Foreclosure230 Rent Lease &Ejectment

Agency Decision

I 950 Constitutionality ofState Statutesase Number: 'C F ;L c_;clTIER SHEET Page 1 of 3


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UNITED STATE )ISTRICT COURT, CENTRAL DISTRIC )F CALIFORNIACIVIL COVER SHEET

ENUE: 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 assignme

Yeso STATE CASE WAS PENDING IN THE COUNTY OF: INITIAL DIVISION IN C ACD IS:LI Los Angeles Westernto Question B. If "yes," check theto the right that applies, enter the

esponding division in response tostion D, below, and skip to Section IX.

Ventura, Santa Barbara, or San Luis Obispo WesternOrange Southern

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

INITIALDIVISION INCACD IS:

A PLAINTIFF?Then check the bo x below for the county inwhich the majority of DEFENDANTS reside,

A DEFENDANT?Then check the box below for the county inwhich the majority of PLAINTIFFS reside.

L l I Yes Noto Question C. If "yes," check the

to the right that applies, enter theesponding division in response tostion D, below, and skip to Section IX.

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

Ventura, Santa Barbara, or San LuisObispo Western1111 Orange LI Orange SouthernL I Riverside or San Bernardino Riverside or San Bernardino EasternLI Other LI Other Western

Question C: Location ofdefendants, and claims?

A.Los Angeles- County

B.Ventura, Santa Barbara, orSan Luis Obispo Counties

C.Orange County D.iverside or San

h ' Bernardino CountiesE.

Outside the CentralDistrict of California

F.Other

Indicate the location in which amajority of plaintiffs reside: iglIndicate the location in which amajority of defendants reside:Indicate the location in which amajority of claims arose: I

Is either of the follow ing true? If so, check the one that applies:L I 2 or more answers in Column CL I 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 02 to the right.

C.2. Is either of the following true? If so, check the one that applies:LI 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.,,,,. WESTERN

CIVIL COVER SHEET Page 2 of 3American LegalNet, Inc.www.FormsWorkFlow.com


22/22

UNITED STATE /STRICT COURT, CENTRAL DISTRIC )F CALIFORNIACIVIL COVER SHEET

Has this action been previously f iled in this court and dismissed, remanded or closed?Ol YESIf yes, list case number(s):

Have any cases been previously filed in this court that are related to the present case? NO] YESIf yes, list case number(s):

Civil cases are deemed related if a previously filed case and the present case:(Check all boxes that apply) El A.

Arise from the same or closely related transactions, happenings, or events; orB. Call for determination of the same or substantially related or similar questions of law and fact; or

111 C.

For other reasons would entail substantial duplication of labor if heard by d ifferent judges; orEl D.

Involve the same patent, trademark or copyright and one of the factors identified above in a, b or c also is present.

SIGNATURE OF ATTORNEYR SELF-REPRESENTED LITIGANT): DATE: October 8, 2013Ronald P. J, ies

Statistical codes relating to Social Security Cases: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 Ttle 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 disabili ty insurance benefits under Title 2 of the Social Security Act, as amended; plus863IWCll 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, as863IVVVVmended. (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, aamended.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))

altair instruments v. riiviva et. al

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