Mt. Derm v. OPM Organic Permanent Makeup - Complaint

Case 2:17-cv-09175 Document 1 Filed 12/22/17 Page 1 of 18 Page ID #:1
1 William E. Thomson, Jr. (CA SBN 47195)

David A. Randall (CA SBN 156722)
2 wthomson@brookskushman.com
drandall@brookskushman.com
3 BROOKS KUSHMAN P.C.
601 S. Figueroa Street, Suite 2080
4 Los Angeles, CA 90017-5780
Tel.: (213) 622-3003
5 Fax: (213) 622-3053
6 Attorneys for Plaintiff

Mt. Derm GmbH
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 WESTERN DIVISION
11
MT. DERM GmbH
12
Case No. 2:17-CV-9175
13 Plaintiff,
v. COMPLAINT FOR PATENT
14 INFRINGEMENT
OPM ORGANIC PERMANENT
15 MAKEUP
JURY TRIAL DEMANDED
16
Defendant.
17
18
19
20
21
22
23
24
COMPLAINT FOR PATENT
INFRINGEMENT
1 COMPLAINT FOR PATENT INFRINGEMENT

2 Plaintiff MT. DERM GmbH (“MT. DERM”) (“Plaintiff”), by and through
3 its attorneys, for its Complaint against Defendant OPM ORGANIC PERMANENT
4 MAKEUP (“Defendant” or “OPM”), alleges the following:
5 NATURE OF THE ACTION
6 1. This is an action for patent infringement arising under the patent laws
7 of the United States (Title 35 U.S.C. §§ 1 et seq.), based upon Defendant’s
8 infringement of United States Patent Nos. 6,505,530 and 6,345,553 and United
9 States Design Patent No. D622,000.

10 THE PARTIES
11 2. Plaintiff MT. DERM is a corporation organized under the laws of
12 Germany having its principal place of business at Gustav-Krone-Str. 3, 14167

13 Berlin, Germany.
14 3. Plaintiff MT. DERM sells tattoo and permanent make-up application
15 devices as well as needle cartridges used with these devices, through a chain of
16 distributors in the United States. MT. DERM has all rights, title, and interest in
17 United States Patent Nos. 6,505,530, 6,345,553, and D622,000.
18 4. Upon information and belief, Defendant OPM is a company having its

19 principal place of business at 12113 Santa Monica Blvd., Suite 203, Los Angeles,
20 CA 90025.
21 5. Upon information and belief, Ms. Lorine Mikhaeil and Mr. T.J. Balian
22 are Executive Officers of OPM.
23 //
24 //
INFRINGEMENT 1
1 JURISDICTION AND VENUE

2 6. This is an action for patent infringement. The claims arise under the
3 patent laws of the United States, Title 35 U.S.C. §§ 1 et seq.

4 7. This Court has subject matter jurisdiction over this action pursuant to
5 28 U.S.C. §§ 1331 (federal question jurisdiction) and 1338(a) (original jurisdiction
6 under patent laws).

7 8. This Court has personal jurisdiction over Defendant OPM because, on
8 information and belief, OPM resides in and transacts business within this District
9 and has committed acts of patent infringement in this District, including, without
10 limitation, the importation, offer for sale and/or sale of the Infringing Products
11 described herein.
12 9. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b),

13 1391(c), and 1400(b), because OPM resides in and has a regular and established
14 place of business within this District and because OPM has conducted regular acts
15 of infringement within this District by selling, offering to sell, and, importing the
16 Infringing Products.
17 THE PATENTS-IN-SUIT
18 10. On February 12, 2002, Application No. 10/072,991 was filed before
19 the United States Patent Office (“USPTO”) as a continuation of Application No.
20 09/671,650. On January 14, 2003, the USPTO duly and legally issued U.S. Patent
21 No. 6,505,530 (hereinafter “the ’530 Patent”), entitled “Ink Application Device for
22 Tattooing or for Making Permanent Make-Up.” A true and correct copy of the
23 ’530 Patent is attached hereto as “Exhibit A.”
24 //
INFRINGEMENT 2
1 11. On November 4, 2015, following a reexamination requested by MT.

2 DERM, the USPTO issued a reexamination certificate for the ’530 Patent, bearing
3 U.S. Patent No. 6,505,530 Cl (“the ’530 Reexamination Certificate”). A true and
4 correct copy of the ’530 Reexamination Certificate is attached hereto as “Exhibit
5 B.” The ’530 Patent as reexamined is referred to as the “Reexamined ’530 Patent.”
6 12. The named inventors of the Reexamined ’530 Patent are Frank Adler,
7 Walter Lisec and Gerhard Türk.
8 13. The inventors assigned all right, title, and interest in the Reexamined
9 ’530 Patent to Plaintiff MT. DERM.
10 14. On September 28, 2000, Application No. 09/671,650 was filed before
11 the USPTO, and on February 12, 2002 the USPTO duly and legally issued U.S.
12 Patent No. 6,345,553 (hereinafter “the ’553 Patent”), entitled “Ink Application
13 Device for Tattooing or for Making Permanent Make-Up.” A true and correct
14 copy of the ’553 Patent is attached hereto as “Exhibit C.”
15 15. The named inventors of the ’553 Patent are Frank Adler, Walter Lisec
16 and Gerhard Türk.
17 16. The inventors assigned all right, title, and interest in the ’553 Patent to
18 Plaintiff MT. DERM.

19 17. On April 24, 2007, Design Patent Application No. 29/274,444 was
20 filed before the USPTO. On August 17, 2010 the USPTO duly and legally issued
21 U.S. D622,000 S (hereinafter “the ’000 Design Patent”), entitled “Module For A
22 Tattoo And Permanent Make-Up Applicator.” A true and correct copy of the ’000
23 Design Patent is attached hereto as “Exhibit D.”
24 18. The named inventor of the ’000 Design Patent is Jörn Kluge.
INFRINGEMENT 3
1 19. The inventor assigned all right, title, and interest in the ’000 Design
2 Patent to Plaintiff MT. DERM.
3 FACTUAL ALLEGATIONS
4 20. Upon information and belief, OPM maintains an internet website at
5 https://opmakeup.com.
6 21. Upon information and belief, OPM advertises and sells infringing
7 permanent make-up application devices and compatible needle cartridges for use in
8 the devices. See, e.g.,
9 https://opmakeup.com/collections/machines/products/opm-machine;
10 https://opmakeup.com/collections/machines/products/opm-hand-piece-machine;
11 https://opmakeup.com/collections/needles.
12 22. Upon information and belief, OPM advertises and sells needle
13 cartridges, including, without limitation, the “OPM-1R (Needle #1),” “OPM-3RL
14 (Needle #3),” “OPM-4F (Needle #4),” “OPM-5SE (Needle #5),” and “TMS
15 Needle” (collectively, the “OPM Needle Cartridges”). See, e.g.,

17 23. Upon information and belief, OPM advertises and sells permanent
18 makeup control devices and hand-pieces (collectively, the “OPM Devices”) that
19 are compatible with its OPM Needle Cartridges, including but not limited to the
20 “OPM Hand Piece” and “OPM Machine.” See, e.g.,
22 https://opmakeup.com/collections/machines;
23 https://opmakeup.com/collections/machines/products/opm-machine
24 //
INFRINGEMENT 4
1 24. Upon information and belief, OPM markets the OPM Needle
2 Cartridges and OPM Devices as being compatible to form a “Complete OPM
3 Machine.” See, e.g.,

4 https://opmakeup.com/collections/machines/products/opm-machine
5 https://opmakeup.com/collections/machines/products/opm-complete-package-
6 online-training;
8 https://opmakeup.com/collections/machines/products/opm-hand-piece-machine.
9 25. Collectively, the permanent make-up application devices and

10 compatible needle cartridges for use in the devices sold and/or offered for sale by
11 OPM, including but not limited to those identified above in Paragraphs 21-24, are
12 referred to herein as the “Infringing Products.”

13 26. Upon information and belief, the OPM Needle Cartridges have an
14 integrated membrane that prevents backflow of body fluids and airborne
15 contaminants entering the hand piece, eliminating the possibility of cross-

16 contamination. See, e.g.,
17 https://opmakeup.com/collections/machines/products/opm-hand-piece-machine.
18 27. Upon information and belief, OPM markets and sells combinations of
19 the Infringing Products, with and without training services for using the Infringing
20 Products. See, e.g.,
21 https://opmakeup.com/collections/machines/products/opm-machine,
22 https://opmakeup.com/collections/opm-machine-packages-online-training.
23 28. Defendant OPM markets and sells devices for applying permanent
24 make-up (PMU) and/or tattoos and needle cartridges for use with such devices,
INFRINGEMENT 5
1 including the Infringing Products listed above in Paragraphs 21-24, that compete
2 with products manufactured, marketed, and sold by Plaintiff and that are the
3 subject of this action.

4 COUNT I
5 (Infringement of the Reexamined `530 Patent)
6 29. The allegations of Paragraphs 1-28 are repeated and re-alleged as if
7 set forth fully herein.
8 30. Defendant OPM has infringed one or more claims of the Reexamined
9 ’530 Patent in violation of 35 U.S.C. § 271(a), (b), and/or (c), by importing,
10 selling, and offering for sale, personal makeup devices and/or needle cartridges for
11 use with its personal makeup devices embodying the invention claimed in the
12 Reexamined ’530 Patent, including (but not limited to) the “OPM Machine,”
13 “OPM Hand Piece,” and the OPM Needle Cartridges, including, without
14 limitation, “OPM-1R (Needle #1)”, “OPM-3RL (Needle #3)”, “OPM-4F (Needle
15 #4)”, “OPM-5SE (Needle #5)”, and “TMS Needle.” See

16 https://opmakeup.com/collections/needles;
21 online-training;
22 https://opmakeup.com/collections/machines/products/opm-scalp-complete-
23 package-scalp-pigmentation-online-courses.
24 //
INFRINGEMENT 6
1 31. Defendant’s OPM Devices assembled with its OPM Cartridges,

2 including but not limited to the Infringing products identified in Paragraphs 21-24,
3 include all the elements of claims 1-3, 7-12, 16-18, 25-27, 31-36, 40-42, 49-51, 55-
4 60, 64-66, 73-75, 79-84, and 88-90 of the Reexamined ’530 Patent, and therefore
5 directly infringe these claims.
6 32. The use of Defendant’s OPM Devices combined with its OPM
7 Cartridges, including but not limited to the Infringing products identified in
8 Paragraphs 21-24, satisfies the method claims 19-24, 43-48, and 67-72 of the
9 Reexamined ’530 Patent, and therefore directly infringe these claims.

10 33. The OPM Needle Cartridges constitute the claimed “unitary sterilized
11 disposable module,” and are specifically designed to be connected to the
12 compatible OPM Hand Piece, constituting the claimed “basic module,” having a
13 handle and an integrated needle drive.
14 34. The OPM Hand Piece is designed to be connected to the OPM
15 Machine by a control line connected to the OPM Hand Piece and a plug coupled to
16 the control line, providing a power supply to a motor housed in the handpiece.
17 35. Defendant has induced others to infringe the Reexamined ’530 Patent
18 at least by offering for sale on the https://opmakeup.com/ website the Infringing

19 Products, which include needle cartridges, such as the OPM Needle Cartridges,
20 that constitute the claimed “unitary sterilized disposable module,” specifically
21 designed to be operatively inserted into a permanent makeup device, such as the
22 “OPM Hand Piece” combined with the “OPM Machine,” having an integrated
23 needle drive and a handle, constituting the claimed “basic module,” and by
24 suggesting combinations of these products in a manner that infringes one or more

INFRINGEMENT 7
1 claims of the Reexamined ’530 Patent, such as through marketing and online
2 training, with full knowledge of this infringement.
3 36. With knowledge of the Reexamined ’530 Patent, Defendant indirectly

4 infringes the patent by inducing and contributing to the direct infringement of a
5 class of actors that includes end-users of the Infringing Products by selling,
6 offering for sale, and otherwise encouraging the class of actors to use the
7 Infringing Products, which when combined include all the elements described in
8 one or more claims of the Reexamined ’530 Patent, while aware of the fact that
9 such acts amount to infringement of one or more claims of the Reexamined ’530
10 Patent and with the specific intent to contribute to the infringement.
11 37. The Infringing Products include components that are intended to be
12 combined for use as a system covered by one or more of the claims of the
13 Reexamined ’530 Patent, constitute a material part of the invention, and are not a
14 staple article or commodity of commerce suitable for non-infringing use.
15 38. The infringing actions of Defendant are and have at all times been
16 without the consent of, authority of, or license from Plaintiff.
17 39. As a direct and proximate result of the infringement of the
18 Reexamined ’530 Patent by Defendant, Plaintiff has suffered damages in an

19 amount which cannot yet be fully ascertained, which will be proven at trial.
20 40. Upon information and belief, Defendant has knowledge of the
21 infringement of the Reexamined ’530 Patent, yet Defendant continues to infringe

22 the Reexamined ’530 Patent.
23 41. On or about March 29, 2017 correspondence from Plaintiff’s counsel
24 was delivered to Defendant, informing Defendant of its infringement of the

INFRINGEMENT 8
1 Reexamined ’530 Patent in connection with Defendant’s sales and/or offers for
2 sale of its disposable needle cartridge products for use with handheld digital
3 permanent make up devices that were offered for sale on your website
4 (www.organicpermanentmakeup.com).
5 42. The infringement of the Reexamined ’530 Patent by Defendant is
6 knowing and willful, entitling Plaintiff to increased damages under 35 U.S.C.

7 § 284 and to attorney’s fees and costs incurred in prosecuting this action under 35
8 U.S.C. § 285.
9 43. The infringement of the Reexamined ’530 Patent by Defendant has

10 caused and continues to cause Plaintiff to suffer irreparable harm for which there is
11 no adequate remedy at law, and for which Plaintiff is entitled to injunctive relief.
12 COUNT II
13 (Infringement of the `553 Patent)

16 45. Defendant OPM has infringed one or more claims of the ’553 Patent
17 in violation of 35 U.S.C. § 271(a), (b), and/or (c) by importing, selling, and
18 offering for sale, personal makeup devices and/or needle cartridges for use with its
19 personal makeup devices embodying the invention claimed in the Reexamined
20 ’530 Patent, including (but not limited to) the “OPM Machine,” “OPM Hand
21 Piece,” and the OPM Needle Cartridges, including, without limitation, “OPM-1R
22 (Needle #1)”, “OPM-3RL (Needle #3)”, “OPM-4F (Needle #4)”, “OPM-5SE
23 (Needle #5)”, and “TMS Needle.” See
24 //
INFRINGEMENT 9
1 https://opmakeup.com/collections/needles;
6 online-training;
7 https://opmakeup.com/collections/machines/products/opm-scalp-complete-
8 package-scalp-pigmentation-online-courses.
9 46. Defendant’s OPM Cartridges, including but not limited to the

10 Infringing Products identified in Paragraph 22, include all the elements of at least
11 claims 27, 28, and 30 of the `530 Patent, and therefore directly infringe these
12 claims.
13 47. Defendant’s OPM Devices assembled with its OPM Cartridges,
14 including but not limited to the Infringing products identified in Paragraphs 21-24,
15 include all the elements of claims 1-14, 20-23, and 26 of the ’553 Patent, and
16 therefore directly infringe these claims.
17 48. The OPM Needle Cartridges constitute the claimed “sterilized
18 disposable module,” and are specifically designed to be connected to the

19 compatible OPM Hand Piece, constituting the claimed “basic module,” having a
20 handle and an integrated needle drive.
21 49. The OPM Hand Piece is designed to be connected to the OPM
22 Machine by a control line connected to the OPM Hand Piece and a plug coupled to
23 the control line, providing a power supply to a motor housed in the handpiece.
24 //
INFRINGEMENT 10
1 50. Defendant has induced others to infringe the ’553 Patent at least by
2 offering for sale on its https://opmakeup.com/ website the Infringing Products,
3 which include needle cartridges, such as the OPM Needle Cartridges, that
4 constitute the claimed “sterilized disposable module,” specifically designed to be
5 operatively inserted into a permanent makeup device, such as the “OPM Hand
6 Piece” combined with the “OPM Machine,” having an integrated needle drive and
7 a handle, constituting the claimed “basic module,” and by suggesting combinations
8 of these products in a manner that infringes one or more claims of the ’553 Patent,
9 such as through marketing and online training, with full knowledge of this
10 infringement.
11 51. With knowledge of the ’553 Patent, Defendant indirectly infringes the
12 patent by inducing and contributing to the direct infringement of a class of actors

13 that includes end-users of the Infringing Products by selling, offering for sale, and
14 otherwise encouraging the class of actors to use the Infringing Products, which
15 when combined include all the elements described in one or more claims of the
16 ’553 Patent, while aware of the fact that such acts amount to infringement of one
17 or more claims of the ’553 Patent and with the specific intent to contribute to the
18 infringement.
19 52. The Infringing Products include components that are intended to be
20 combined for use as a system covered by one or more of the claims of the ’553
21 Patent, constitute a material part of the invention, and are not a staple article or
22 commodity of commerce suitable for non-infringing use.
23 53. The infringing actions of Defendant are and have at all times been
24 without the consent of, authority of, or license from Plaintiff.

INFRINGEMENT 11
1 54. As a direct and proximate result of the infringement of the ’553 Patent
2 by Defendant, Plaintiff has suffered damages in an amount which cannot yet be
3 fully ascertained, which will be proven at trial.

4 55. Upon information and belief, Defendant has knowledge of the
5 infringement of the ’553 Patent, yet Defendant continues to infringe the ’553
6 Patent.
7 56. On or about March 29, 2017 correspondence from Plaintiff’s counsel
8 was delivered to Defendant, informing Defendant of its infringement of the ’553
9 Patent in connection with Defendant’s sales and/or offers for sale of its disposable
10 needle cartridge products for use with handheld digital permanent make up devices
11 that were offered for sale on your website (www.organicpermanentmakeup.com).
12 57. The infringement of the ’553 Patent by Defendant is knowing and

13 willful, entitling Plaintiff to increased damages under 35 U.S.C. § 284 and to
14 attorney’s fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
15 58. The infringement of the ’553 Patent by Defendant has caused and
16 continues to cause Plaintiff to suffer irreparable harm for which there is no
17 adequate remedy at law, and for which Plaintiff is entitled to injunctive relief.
18 COUNT III
19 (Infringement of the `000 Design Patent)
22 60. Defendant OPM, without authorization from Plaintiff, has made, used,
23 offered for sale, sold, and/or imported in or into the United States, and continues to
24 make, use, offer for sale, sell, and/or import in or into the United States, needle
INFRINGEMENT 12
1 cartridges having designs that infringe the ’000 Design Patent. See, e.g.,
3 61. On information and belief, the overall appearance of the designs of the
4 ’000 Design Patent (exemplified by the NOUVEAU CONTOUR Simplicity
5 Needles) and the OPM Needle Cartridges are substantially the same. Compare
6 https://opmakeup.com/collections/needles/products/opm-r1-needle-1 with
7 https://nouveaucontourusa.com/product/simplicity-needles-10-pk/ and
8 https://nouveaucontourusa.com/product/simplicity-hand-piece/:
9
10
11
12
13
14
15
16
17 62. On information and belief, an ordinary observer will perceive the
18 overall appearance of the designs of the ’000 Design Patent and the corresponding
19 designs of the OPM Needle Cartridges to be substantially the same.
20 63. Table 1 below illustrates OPM’s infringement of the ’000 Design
21 Patent by comparing figures from the ’000 Design Patent with exemplary images
22 of the OPM Needle Cartridges.
23 //
24 //
INFRINGEMENT 13
Table 1: Comparison of ’000 Design Patent with Exemplary OPM Needle Cartridges
1 ’000 Design Patent Figures Exemplary OPM Needle Cartridge
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
INFRINGEMENT 14
1
2
3
4
5
6
7
8
9
10
11 64. On information and belief, Defendant OPM intended to copy the
12 designs covered by the ’000 Design Patent.
13 65. Plaintiff has been and will continue to be irreparably harmed by
14 Defendant OPM’s infringement of the ’000 Design Patent.
15 PRAYER FOR RELIEF

16 WHEREFORE, Plaintiff MT. DERM respectfully requests that the Court
17 grant the following relief:
18 a) a finding that the Reexamined ’530 Patent, the ’553 Patent, and ’000
19 Design Patent are valid and enforceable;
20 b) enter judgment that Defendant infringes and has directly, indirectly,
21 contributorily and/or by inducement, infringed the Reexamined ’530 Patent, the
22 ’553 Patent, and ’000 Design Patent under 35 U.S.C. §§ 271(a), (b), and/or (c);
23 //
24 //
INFRINGEMENT 15
1 c) enter judgment that this action for infringement is an exceptional case

2 under 35 U.S.C. § 285, and award Plaintiff’s reasonable attorneys’ fees and costs;
3 d) enter judgment that the infringement of the Reexamined ’530 Patent,

4 the ’553 Patent, and the ’000 Design Patent by Defendant has been willful and
5 award Plaintiff treble damages under 35 U.S.C. § 284;
6 e) order Defendant to pay damages adequate to compensate Plaintiff for

7 Defendant’s infringement of the Reexamined ’530 Patent, the ’553 Patent, and
8 ’000 Design Patent pursuant to 35 U.S.C. § 284, together with prejudgment and
9 post-judgment interest, in an amount according to proof;

10 f) enter judgment permanently enjoining Defendant and its officers,
11 agents, servants, employees, and attorneys, and all other persons and entities acting
12 in concert or participation with them, from infringing, inducing others to infringe

13 or contributing to the infringement of the Reexamined ’530 Patent, the ’553 Patent,
14 and the ’000 Design Patent;
15 g) in the event a permanent injunction is not granted, determine the

16 conditions for future infringement or grant such other relief as the Court deems
17 appropriate; and
18 h) award Plaintiff such further relief as this court deems just and proper.
19 //
20 //
21 //
22 //
23 //
24 //
INFRINGEMENT 16
1 DEMAND FOR JURY TRIAL

2 Plaintiff respectfully request a trial by jury on all issues so triable, pursuant
3 to Fed. R. Civ. P. 38.

4
DATED: Dec. 22, 2017
5 By: /s/ William E. Thomson, Jr.
6 William E. Thomson, Jr. (CA SBN 47195)
David A. Randall (CA SBN 156722)
7 BROOKS KUSHMAN P.C.
601 South Figueroa Street, Suite 2080
8 Los Angeles, CA 90017-5726
Telephone: (213) 622-3003
9
Facsimile: (213) 622-3053
10 wthomson@brookskushman.com
drandall@brookskushman.com
11
Michael R. Dzwonczyk, Esq.
12 Grant S. Shackelford, Esq.
SUGHRUE MION, PLLC
13
2100 Pennsylvania Avenue, NW
14 Washington, DC 20037-3213
Telephone: (202) 293-7060
15 Facsimile: (202) 293-7860
mdzwonczyk@sughrue.com
16 gshackelford@sughrue.com
17
Attorneys for Plaintiffs MT. DERM GmbH
18
_____________
836361_1
19
20
21
22
23
24
INFRINGEMENT 17
Case 2:17-cv-09175 Document 1-1 Filed 12/22/17 Page 1 of 12 Page ID #:19
MT.DERM GmbH
v.
OPM ORGANIC PERMANENT MAKEUP
EXHIBIT A
Exhibit A - Page 1
US006505530B2
US006505530B2
(12) United States
(12) Adler
United States Patent
Patent (10) Patent
(io) Patent No.:
No.: US
US 6,505,530
6,505,530 B2
B2
et al.
Adler et al. (45) Date
(45) Date of
of Patent:
Patent: *Jan.
*Jan. 14,2003
14, 2003
(54)
(54) INK APPLICATION
INK APPLICATION DEVICE FOR
DEVICE FOR 4,644,952 A 2/1987
2/1987 Patipa
Patipa etet al.
al.
TATTOOING OR
TATTOOING OR FOR MAKING
FOR MAKING 4,671,277 A
4,671,277 A 6/1987
6/1987 Bauchat
Bauchat
PERMANENT MAKE-UP
PERMANENT MAKE-UP 4,798,582 A
A 1/1989
1/1989 Sarath
Sarath et
et al.
al.
4,862,772 A
A 9/1989 Rperato
Piperato
(75) Inventors:
(75) Inventors: Frank
Frank Adler,
Adler, Berlin (DE); Walter
Berlin (DE); Walter 5,279,552
5,279,552 A
A 1/1994
1/1994 Magnet
Magnet
Lisec, Berlin
Lisec, Berlin (DE); Gerhard
(DE); Gerhard Tiirk,
Türk, 5,472,449
5,472,449 A
A 12/1995
12/1995 Chou
Chou
Berlin (DE)
Berlin (DE) 5,586,473
5,586,473 A
A 12/1996
12/1996 Chou
Chou
5,724,873
5,724,873 A
A 3/1998 Hillinger
Hillinger
(73) Assignee: Medium-Tech Medizingerate
Medizingeräte GmbH,
GmbH, 5,741,290
5,741,290 A ** 4/1998 Hsieh
Hsieh ......................... 606/186
606/186
Berlin (DE)
Berlin (DE) 6,033,421
6,033,421 A ** 3/2000
A 3/2000 Theiss ........................ 606/186
Theiss 606/186
(*) Notice: Subject
Subject to
to any
any disclaimer,
disclaimer, the
the term of
of this FOREIGN PATENT
FOREIGN PATENT DOCUMENTS
DOCUMENTS
patent is
patent is extended
extended or adjusted under
or adjusted under 35
35
U.S.C. 154(b)
154(b) by 0 days.
days. DE
DE 299 16
299 971 U1
16 971 U1 5/2000
5/2000
GB
GB 11 587
587 519 A
519 A 4/1981
4/1981
This patent is subject to a terminal dis
dis
claimer. ** cited
cited by
by examiner
examiner
(21) Appl. No.: 10/072,991
10/072,991
Primary Examiner—James
Examiner—James G.
G. Smith
Smith
(22) Filed: Feb. 12,
12, 2002 Assistant Examiner—Hadi
Assistant Examiner—Hadi Shaken
Shakeri
Prior Publication Data (74) Attorney, Agent,
(74) Attorney, Agent, or
or Firm—Smith
Firm—Smith Patent
Patent Office
Office
(65)
US 2002/0069726 Al
A1 Jun. 13, 2002 (57) ABSTRACT
Related U.S. Application Data An ink application device for tattooing or for making
permanent make-up
permanent make-up includes
includes aa handle,
handle, aa needle
needle drive,
drive, aa
(63)
(63) Continuation of application No. 09/671,650, filed
filed on Sep. needle, a needle nozzle and a protective cap. The device
needle, a needle nozzle and a protective cap. The device
28, 2000, now Pat. No. 6,345,553. further
further includes
includes at least
least two modules releasably
releasably connected to
Foreign Application Priority Data one
one another. One of
another. One of the
the modules
modules is formed as
is formed as aa reusable
reusable base
base
(30)
299 19
19 199
module withwith anan integrated
integrated needle drive, drive, and
and the other
other
Oct. 22, 1999 (DE) ..................................... 299 199 UU module isis aa sterilized
sterilized disposable
disposable module
module in in which all all
B43K 5/00
(51) Int. Cl." .................................................. B43K
CI.7 5/00 components
components of of the
the manual
manual device
device capable
capable of being infected
of being infected
Cl. ............................ 81/9.22; 81/438; 30/362;
(52) U.S. CI 30/362; by bodily fluids
fluids of
of aa customer
customer areare integrated.
integrated. The device
device can
606/186 be constructively
be constructively divided
divided into two or
into two three separate
or three mod
separate mod
(58) Field of .... 81/9.22, 438; 30/362;
of Search .................... ules: aa basic
basic module,
module, aa disposable
disposable or or hygienic module
module and
and
an optional ink
an optional module. The
ink module. basic module
The basic module corresponds
corresponds toto the
the
606/186, 169
169
handle that
that includes
includes the needle
needle drive
drive and
and is designed
designed such
such
that the
that the hygienic
hygienic module
module can be safely
can be safely attached
attached and
and con
con
(56) References Cited
References Cited
nected toto the
the integrated
integrated needle
needle drive.
drive.
U.S. PATENT DOCUMENTS
U.S. PATENT DOCUMENTS
4,508,106 A 4/1985
4/1985 Angres
Angres
20 Claims,
20 Claims, 66 Drawing
Drawing Sheets
Sheets
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US 6,505,530
US 6,505,530 B2
B2
11 2
2
INK APPLICATION
INK APPLICATION DEVICE
DEVICE FOR
FOR The prolonged storage of of the ink in the relatively large
TATTOOING
TATTOOING OR
OR FOR MAKING
FOR MAKING reservoir
reservoir container
container and
and the
the permanent
permanent extraction
extraction ofof small
small
PERMANENT
PERMANENT MAKE-UP
MAKE-UP amounts forfor treating customers
customers can, despite all precaution
precaution
ary
ary measures,
measures, cause
cause the
the contamination
contamination of of the
the ink
ink with
with dust
dust
BACKGROUND OF
BACKGROUND OF THE
THE INVENTION
INVENTION 5 particles, germs and
and bacteria and
and may
may lead
lead to
to an
an infection
infection inin
the
the customer.
customer. TheThe sterility
sterility of
of the
the ink
ink can
can therefore
therefore not
not
This application is a continuation application
application of
of applica
applica always be reliably ensured despite careful hygienic mea mea
tion Ser.
Ser. No. 09/671,650
09/671,650 filed
filed on
on Sep.
Sep. 28,
28, 2000,
2000, now
now U.S.
U.S. sures.
sures. Moreover,
Moreover, an an economic
economic handling
handling ofof the
the relatively
relatively
Pat. No.
Pat. No. 6,345,553.
6,345,553. expensive inkink is not
not possible with
with this method.
method.
FIELD OF
FIELD OF THE
THE INVENTION
INVENTION 10
10 SUMMARY
SUMMARY OF
OF THE
THE INVENTION
INVENTION
The
The present
present invention
invention relates
relates to an an ink
ink application
application devicedevice An
An object
object of of the
the invention
invention isis to to eliminate
eliminate the the above-
above
for tattooing or for making permanent make-up that can mentioned disadvantages
disadvantages and and to reliably
reliably ensure the sterility
apply tattoos or other permanent make-up. In particular, this of
of aa device
device andand the
the ink
ink for
for each
each customer,
customer, each each tattoo
tattoo andand
invention relates to a permanent make-up ink application each permanent
permanent make-up inin a simple simple manner,
manner.
device for 15
for ensuring sterility when treating treating customers. 15 According
According toto the the invention,
invention, the the object
object isis solved
solved by by anan ink
ink
application device for tattooing or for making permanent
DISCUSSION OF
DISCUSSION OF THETHE RELATED
RELATED ART ART make-up,
make-up, comprising
comprising aa handle,
handle, aa needleneedle drive,
drive, aa needle,
needle, aa
The
The spreading of of highly
highly infectious
infectious bacterial or viral needle
or viral needle nozzle
nozzle andand aa protective
protective cap, cap, andand atat least
least two
two modules
modules
infectious
infectious diseases
diseases such such as as AIDS
AIDS and and hepatitis,
hepatitis, which
which are are 20 releasably connected to one another, wherein one of of the
transmitted by by bodily fluids,
fluids, places substantial
substantial pressure on on 20 modules is formed as a reusable base module with an
cosmeticians with with respect to the hygienic handling of of the integrated
integrated needle
needle drive,
drive, and
and thethe other
other module
module isis aa sterilized
sterilized
tools and ink ink containers
containers when when applying permanent make-up disposable module in which all components components of of the manual
(PMU)
(PMU) and and tattoos.
tattoos. In In everyday
everyday practice,
practice, thesethese concerns
concerns are are device capable ofof being infected by bodily fluids of of a
not easy
easy to to address.
address. customer are integrated.
integrated.
25
It is particularly problematic inin the practice of of applying The inkink application devicedevice is constructively divided into into
permanent make-up and tattoos because
permanent make-up and tattoos because these measures are these measures are two
two or
or three
three separate
separate modules:
modules: aa basic
basic module,
module, aa disposable
disposable
so
so invasive.
invasive. In In particular, the the customer's
customer’s skin pierced by or
skin isis pierced or hygienic
hygienic module
module and and an an optional
optional ink ink module,
module, e.g. e.g. anan ink
ink
the method, and blood or blood serum
the method, and blood or blood serum may issue from the may issue from the cartridge, wherein the basic module corresponds to the
treated portion
treated portion of of the skin. Moreover,
the skin. Moreover, the the parts
parts of
of the
the device
device 3300 handle which
which includes
includes thethe drive and and is designated such that that
that come into direct contact with the customer,
that come into direct contact with the customer, in particular, in particular, the hygienic module can be safely attached and connected to
the needles
the needles and and needle
needle nozzles,
nozzles, are are contaminated
contaminated by by thethe the drive,
drive.
customer's bodily fluids. In order to
customer’s bodily fluids. In order to avoid known diseases avoid known diseases When using a disposable
disposable modulemodule which which includes all parts
transmitted by
transmitted by bodily
bodily fluids,
fluids, suchsuch as as AIDS
AIDS and and hepatitis,
hepatitis, that that can
can potentially
potentially be be infected
infected duringduring treatment
treatment by by thethe
these parts of the device must be sterile before
these parts of the device must be sterile before treatment and 35 treatment and 35 customer's
customer’s bodily fluids, the exchange of
of single parts of
of the
the
are
are toto be
be regarded
regarded as as potentially
potentially infectious
infectious afterafter treatment.
treatment. manual manual device,
device, such
such asas the
the needle
needle or or needle
needle nozzles
nozzles and and thethe
Therefore,
Therefore, they they must
must be be disposed
disposed ofof accordingly.
accordingly. sterilization
sterilization of of the
the remaining
remaining parts parts that
that may
may havehave contacted
contacted
Thus,
Thus, itit isis common
common practice that that certain
certain parts
parts of the PMU the
of the the bodily
the
bodily fluid,
manual
fluid, becomes
becomes superfluous
device on
superfluous before
another
before the
customer.
the next
The
next use
use of
disposable
of
or tattoo device, such as needles, are
or tattoo device, such as needles, are disposable articles. disposable articles. the manual device on another customer. The disposable
Other parts can
Other parts can be be used
used several times and
several times and thus
thus mustmust be be 40
40
module is removed from the basic module after the treat treat
carefully
carefully cleaned
cleaned and and sterilized
sterilized after
after use.
use. Before
Before use, these
use, these ment
ment andand isis disposed
disposed of of in in the
the usual
usual manner.
manner. Then, Then, itit isis
parts must
must be taken out out ofof the sterile
sterile packaging in in which
which posablenecessary
necessary for for the
the subsequent
subsequent treatment
treatment to to plug
plug aa newnew disdis
they are stored and then they are mounted in or at the PMU posable module
module onto
onto the
the basic
basic module
module to
to make
make the
the device
device
they are stored and then they are mounted in or at the PMU ready to operate for the next customer. Since the disposable
or
or manual
manual tattoo
tattoo device.
device. This This requires
requires aa substantial amount ready to operate for the next customer. Since the disposable
substantial amount
of
of time
time and
and money
money and and further
further requires
requires greatgreat care
care from
from the 45 module is
the 45 is taken
taken from a sterile
sterile package directly directly before use, use,
users to
users to ensure
ensure that that allall parts
parts areare sterile
sterile when
when the device isis its
the device its sterility
sterility isis ensured
measures
ensured without
without the the need
need for
for special
special hygienic
hygienic
used on
used on customers.
customers. measures by the the user
user oror hygienic
hygienic conditions
conditions in in the
the treatment
treatment
When applying tattoos or permanent make-up, ink to be environment.
environment.
applying or
introduced
introduced into into the
the skin isis typically taken from from large
large ink ink The
The connection between the
connection between basic module
the basic module and and thethe dis-
dis
reservoir containers, usually large ink bottles. Then the ink 50 °sable
posable
P module
module can
can
reservoir containers, usually large ink bottles. Then the ink 50 manner so that the device can also be simply and safely usedbe established and
and released in
in a
a simple
is
is either
either directly
directly applied
applied onto onto the
the customer's
customer’s skin or or itit isis manner so that the device can also be simply and safely used
injected by means of of syringes, dropper pipettes or or similar even even by by less
less experienced
experienced users.users.
tools into
tools into aa PMU
PMU or or tattoo
tattoo penpen byby means
means of of which
which the the tattoo
tattoo Since
Since thethe ink
ink tank
tank isis filled
filled before
before the the sterilization
sterilization process
process
is applied. The amount of ink in the
is applied. The amount of ink in the ink bottles is signifi ink bottles is signifi or
or after
after removal
removal from
from the
the sterile
sterile packaging
packaging by
by means
means ofof aa
cantly
cantly larger
larger thanthan thethe quantity
quantity required
required for for one
one customer.
customer. 55 55 sterilized ink cartridge with an ink quantity sufficient sufScient for one
One
One bottle
bottle is is therefore
therefore used used forfor aa multitude
multitude of of tattoos
tattoos and and treatment,
treatment, the the contamination
contamination or or infection
infection of of the
the inkink is is
make-up applications or for multiple multiple customers. effectively prevented, and the the required sterility during treat treat
This
This practice
practice poses
poses health
health risks
risks for
for customers because of
customers because of mentment is is ensured.
ensured.
the danger
danger thatthat bodily
bodily fluids,
fluids, such
such asas blood
blood or or serum
serum issuing
issuing The ink quantity of of approximately 0.5 to 2.0 2.0 ml provided
from the
from the injured
injured skinskin of of aa customer
customer when piercing, "carving-
when piercing, “carving 60 60 according to preferred embodiments
embodiments isis usually sufficient for for
in"
in” or contacting the skin while applying the ink, contact contact the the one one tattoo
tattoo or
or PMU.
PMU. IfIf further
further inkink isis required
required for for larger
larger tattoo
tattoo
filling aids
filling aids used
used for transferring the
for transferring the ink
ink out
out of
of the reservoir applications, the empty
the reservoir empty ink cartridge
cartridge can can easily be replaced
replaced
ink
ink bottles. As a result, the bodily fluids fluids maymay spread
spread into the by aa new,
into the new, sterile
sterile cartridge
cartridge without
without the the risk
risk ofof contamination
contamination
reservoir bottle thereby
reservoir bottle thereby losing losing thethe sterility
sterility ofof the bottle. or
the bottle. or infection.
infection.
Under these
Under these circumstances,
circumstances, several several customers
customers can can be be con-
con 65 65 An
An inkink container
container can, can, forfor instance,
instance, be be used
used as as anan inkink
laminated
taminated by by infectious
infectious diseases
diseases ifif thethe same
same inkink and and thethe cartridge
cartridge as as disclosed
disclosed inin thethe German
German UtilityUtility Model
Model No. No. 299299
same
same filing
filing aidaid are
are used.
used. 16 971, which
16971, which isis incorporated
incorporated herein herein by by reference.
reference.
Exhibit A - Page 9
US 6,505,530
US 6,505,530 B2
B2
3 4
A sealing diaphragm provided, according
according to the preferred quantity of of approximately 0.5 to 2.0 ml, since this ink
embodiments,
embodiments, between the basicbasic and
and disposable
disposable module
module quantity
quantity isis usually
usually sufScient
sufficient for for one
one treatment.
treatment. Different
Different ink ink
ensures
ensures that
that no
no ink
ink leaks
leaks from
from the
the ink
ink tank
tank of the disposable
of the disposable quantities
quantities are are ofof course also possible.possible.
module and
module and enters
enters the
the basic
basic module.
module. This
This ensures
ensures that
that the
the The
The ink
ink isis preferably
preferably introduced
introduced before before sterilization
sterilization and and
reusable basic module is not exposed
exposed to bodily fluids
fluids and can 5 packaging of
packaging of the
the disposable
disposable module, module, and and the the element
element isis
be reused
reused without
without having
having to
to be sterilized.
sterilized. In
In addition,
addition, the closed
closed by by thethe collar
collar 6.6. In In this
this manner,
manner, the the sterility
sterility of of the
the
diaphragm also prevents the penetration of of impurities, germs element
element and and ofof the
the ink
ink isis ensured.
ensured. The The element
element isis packaged
packaged
or
or bacteria
bacteria which
which may
may adhere
adhere toto the
the basic
basic module,
module, into
into the
the in
in aa storable
storable manner.
manner. After After removal
removal from from the the sterile
sterile
sterile
sterile disposable
disposable module.
module. packaging, it is immediately ready to operate, and it only has
The
The manual
manual device
device according
according to to the
the invention
invention achieves
achieves 1°
10 to
to be
be connected
connected to to the
the basic
basic module
module formed
formed as as aa handle
handle withwith
the special
special hygienic conditions necessary for for applying tat
tat the
the needle
needle drive.
drive.
toos or PMUs with simple handling procedures to ensure The
The leaking
leaking of of ink
ink towards
towards the the back
back into
into the
the basic module,
basic module,
sterility
sterility of
of the elements
elements contacting
contacting thethe customer's
customer’s skin.
skin. which
which isis notnot shown,
shown, isis prevented
prevented because the the bearing
bearing 44 isis
dimensioned
dimensioned toto have have in in aa tight
tight fit,
fit, and
and thethe needle
needle shaft
shaft 1313 isis
BRIEF DESCRIPTION
BRIEF DESCRIPTION OF
OF THE
THE DRAWINGS
DRAWINGS 15
15 closed
closed by by aa diaphragm
diaphragm 5, 5, that
that isis made of aa resilient
resilient material.
material.
The The diaphragm 5 has a substantially centrally arranged
The above
above and
and other
other objects
objects and
and features
features of
of the present
the present opening for for the needle
needle 3, and and the opening
opening is provided with
invention
invention will
will be clearly
clearly understood
understood from
from the
the following
following
description with respect to the preferred embodiments aa sealing
sealing beadbead or or lip
lip 32.
32. The The sealing
sealing bead bead or or lip
lip 32
32 isis
disposed
disposed aroundaround the the needle
needle shaft.shaft. TheThe resiliency
resiliency of of the
the
thereof when
when considered
considered inin conjunction
conjunction with
with the
the accompa
accompa 20 diaphragm
nying drawings,
drawings, in which:
which: diaphragm 55 enablesenables movement
movement of of the
the needle
needle 33 withinwithin aa
required
required stroke interval.
interval. TheThe slidable seat of the sealing bead bead
FIG. 1
FIG. shows aa cross
1 shows cross sectional
sectional view
view of
of aa disposable
disposable or
module according
according to
to the invention
invention which
which isis already
already filled
filled or lip
lip 32
32 ofof the
the diaphragm
diaphragm 55 on on thethe needle
needle shaftshaft 13 13 allows
allows
relief
relief ofof the diaphragm
diaphragm in the rest rest position. The diaphragmdiaphragm
with ink
with ink and
and which
which isis closed,
closed, storable
storable and
and ready
ready toto operate;
operate; 5 is preferably made made ofof a medically
medically compatible, rubber-like rubber-like
FIG. 2 shows a partial cross sectional view of the dispos-dispos 25
25 terials, which
materials,
ma which are generally known
are generally known in in medical technology.
medical technology.
able
able module
module ofof FIG. 1;1; A
A magnet 10 10 attached
attached atat the the distal
distal end
end ofof the
the needle
needle shaft
shaft
FIG. 33 shows aa partial
partial cross
cross sectional
sectional view of
of an
an embodi
embodi 13
13 secures
secures aa non-positive connection of
non-positive connection of the
the needle
needle 33 withwith the
the
ment of of an empty disposable module formed according to drive
drive (not
(not shown)
shown) in in the
the basic
basic module
module when when the the disposable
disposable
the invention
invention with
with anan attached
attached ink
ink cartridge;
cartridge; 30
30
module
module is is connected
connected to to thethe basic
basic module.
module. The The drivedrive is is
FIG. 4 shows
shows aa partial cross
cross sectional
sectional view
view ofof another
another provided at the opposite end of of the needle shaft shaft 13 13 with a
embodiment of an empty disposable module formed
embodiment of an empty disposable module formed accord accord corresponding magnetic counter piece 31 31 to realize the
to the invention;
ing to invention; magnetic coupling. The magnetic material material may may be soft soft iron
iron
or
or reinforced
reinforced or or non-reinforced
non-reinforced sinter sinter ceramics.
ceramics.
FIG. 5 shows a partial cross sectional
sectional view
view of yet
yet another
another
embodiment
embodiment of of an
an empty
empty disposable
disposable module
module formed
formed accord
accord 35 FIGS.
FIGS. 33 and and 44 show
show further
further embodiments
embodiments ofof the the dispos
dispos
35
ing the invention;
ing toto the invention; and
and able
able or
or hygienic
hygienic modulemodule according
according to to the
the invention.
invention. This This
FIG. 66 shows embodiment
embodiment differs differs from
from the the one
one shown
shown in in FIGS.
FIGS. 1 1 and
and 22 in
in
FIG. shows aa partial
partial cross
cross sectional
sectional view
view of
of aa further
further that
embodiment
embodiment of of an
an empty
empty disposable
disposable module
module formed
formed accord
accord that the
the ink
ink filling
filling ofof the
the element
element isis performed
performed by by plugging
plugging
on
on aa sterile
sterile ink
ink cartridge
cartridge 11. 11. As shown in in FIG. 4, aa specially
specially
ing toto the invention.
ing invention. formed
40
40 formed diaphragm
diaphragm 55 supportssupports its its resilient
resilient movement
movement with with
DETAILED DESCRIPTION
DETAILED DESCRIPTION OF
OF THE
THE the
the needle
needle 3. 3.
PREFERRED EMBODIMENTS
PREFERRED EMBODIMENTS Instead
Instead ofof the
the ink
ink cartridge
cartridge 11, 11, aa micro
micro dosing
dosing pump pump (not(not
shown)
shown) can can also
also supply
supply the the inkink from
from aa corresponding
corresponding ink ink
FIGS. 11 and
and 2 show
show an
an embodiment
embodiment of of aa disposable
disposable or
or container
container into
into the
the ink
ink tank
tank 14.
14. The
The ink
ink is
is preferably dis-
dis
hygienic module
hygienic module formed
formed according
according to
to the
the invention.
invention. AA basic
basic ii
charged automatica y from the ink modu e U or from the i
module 20
module 20 is
is formed as aa conventional
formed as conventional handle. The basic
handle. The basic 45 charged automatically from the ink module 11 or from the
micro
micro dosing
dosing pumppump into into thethe ink
ink tank
tank 14.
14. Preferably
Preferably 55 toto 30 30
module 20
module 20 comprises
comprises aa drive drive 2121 for
for aa needle
needle 3, 3, which
which isis ml
adapted
ml per
per needle
needle stroke
stroke areare dosed.
dosed. ManualManual operation
operation ofof the the ink
ink
adapted inin accordance
accordance with with the
the constructive
constructive designdesign ofof aa module
module 11 11 isis also
also possible. The The ink ink isis transported
transported by by the
the
needle shaft
needle shaft 13.
13. movement
movement of of the
the needle
needle 33 through
through aa needle
needle nozzle
nozzle 88 during
during
The disposable
disposable module isis provided with with a housing com- com 50 operation
operation ofof the the manual
manual device.
device.
50
prising a rear housing part 11 and aa front housing housing part part 2, and In
In aa further
further embodiment,
embodiment, which which is is not
not shown,
shown, the the needle
needle
aa protective
protective cap
cap 99 which tightly locks
which tightly locks the
the element towards
element towards shaft
shaft 1313 can be formedformed cylindrically
cylindrically atat its its distal
distal endend soso that
that
the front
front when
when itit isis not
not inin use.
use. The
The disposable
disposable module
module ofof the
the it
it engages
engages aa clamping
clamping devicedevice provided
provided in in the basic module,
the basic module,
present example is comprised of of parts made of of a medically
medically preferably with with aa collet
collet chuck
chuck to to establish
establish the the drive
drive connec-
connec
compatible plastic material. In an alternative embodiment, it 55 (fQ fQ tjjg needle 3.
tion for the needle 3.
n r
55
can
can also be formed
also be formed as as one piece. The
one piece. The manufacturer
manufacturer placesplaces As
As an an alternative,
alternative, the the diaphragm
diaphragm can can alsoalso be be formed
formed
the module
module in in a sterile
sterile package, and and itit isis suitable
suitable for
for without
without an an opening
opening for for thethe needle
needle 33 and and fully
fully close
close thethe
long-term storage. disposable
disposable modulemodule inin the the direction
direction of of the
the basic
basic module.
module. InIn
A thermoplastic injection needle 3
Athermoplastic 3 is supported within the this case, an
this case, an indirect
indirect connection
connection between between the the elements
elements of of the
the
element by a sealing and bearing element 4 and by a bearing 60
60 magnetic
magnetic coupling
coupling with with anan interposed
interposed diaphragm
diaphragm 55 isis estab-estab
sleeve
sleeve 7.7. The
The bearing
bearing dimensions
dimensions are proportioned so
are proportioned so that
that lished.
lished.
simple
simple and
and normal
normal operation
operation of of the needle
needle 33 isis ensured, and In
In aa further
further embodiment,
embodiment, the the needle
needle shaftshaft 13 13 cancan be be
the needle
the movement through
needle movement through the bearing 4
the bearing 4 transports
transports the
the formed
ink.
formed as as aa pressure
pressure absorber
absorber atat its its distal
distal end.
end. The The needle
needle
ink. Moreover,
Moreover, thethe sleeve
sleeve 7 7 ensures
ensures movement
movement with with little
little shaft
shaft 13 can be
13 can be driven
driven forward
forward directly
directly through
through the the opening
opening
friction.
friction. 65
65 of
of the diaphragm 5 or indirectly through the closed dia dia
An ink
An ink tank
tank 14
14 isis closed
closed byby aa collar
collar 66 and
and is filled with
is filled with ink.
ink. phragm 55 by
phragm by aa pressure
pressure tappet
tappet not not connected
connected to to the
the needle
needle
The
The size
size of the
the ink
ink tank 14 14 preferably corresponds to an an ink
ink shaft.
shaft. ItIt can
can then
then be be moved
moved back back by by aa return
return spring
spring 12. 12.
Exhibit A - Page 10
US 6,505,530
US 6,505,530 B2
B2
5
5 6
Further examples
Further examples of of embodiments
embodiments of of thethe element
element are are 9. AnAn ink application device for for tattooing oror for making
shown
shown in in FIGS.
FIGS. 55 andand 6.6. In
In both
both alternatives,
alternatives, the the needles
needles are are permanent make-up make-up as claimed inin claim 7,7, further further compr'
compris is-
moved
moved by means means of of aa return
return spring 12 12 located
located in in aa rear
rear ing a diaphragm
diaphragm disposed
disposed between
between the ink ink receiving
receiving portion
portion
portion of
portion the device.
of the device. In In FIG.
FIG. 5, 5, aa closed
closed form
form diaphragm
diaphragm 55 and
and thethe basic
basic module.
module.
is
is shown, with with the needle shaft 13 13 being formed as as a pressure 5 10. An ink ink application
application device for tattooing tattooing or for for making
absorber
absorber abutting abutting the the inner
inner side
side ofof the diaphragm
diaphragm that that isis the
the permanent make-up, comprising: comprising:
side facing
facing the disposable
disposable module. On On the opposite
opposite side ofof aa basic
basic module
module having
having aa handle
handle and and anan integrated
integrated needle
needle
the diaphragm
diaphragm 55 (i.e. the side side facing
facing the the basic module),
module), aa drive;
drive; andand
tappet, which
tappet, which isis not not shown,
shown, holds holds thethe needle shaft end
needle shaft end a disposable module having a housing that includes a
against
against the the force
force ofof the
the return
return spring
spring 12 12 toto drive
drive the
the needle
needle needle disposed therein, an ink receiving portion
10
3. The return movement of the needle needle 3 is then performed by around
around the the needle
needle disposed
disposed inside
inside the
the housing,
housing, aa needle
needle
the force
the force of of the
the return
return spring
spring 12.12. nozzle
nozzle disposed
disposed on one one end ofof the disposable
disposable module,
In the
In the embodiment
embodiment of of FIG.
FIG. 5, the disposable
5, the disposable modulemodule isis another end of of the disposable module module having a portion
sealed
sealed in in the
the direction
direction of of the
the basic modulemodule by aa closed closed that
that isis connectable
connectable toto the the integrated
integrated needleneedle drive
drive and
and aa
diaphragm 5. In the embodiment embodiment of of FIG. 6,6, the diaphragm
diaphragm bearing element
element disposed inside the the housing and sup sup
15
5 is
is provided with with an opening.
opening. porting the the needle
needle inin the
the housing
housing so so that
that the
the needle,
needle, the
ItIt isis toto be
be understood
understood that that although
although the the present
present invention
invention ink receiving portion, the bearing element and the
has been described described with with regard
regard to to preferred embodiments
embodiments housing
housing form form aa unit
unit that
that isis detachable
detachable from from the the basic
basic
thereof, various
thereof, various other
other embodiments
embodiments and and variants
variants may may occur
occur module,
module, and and sealing
sealing means
means disposed between the
disposed between the ink
ink
to those
those skilled
skilled in in the art,
art, which
which are are within
within the scopescope and and 20
20
receiving portion
portion and the basic basic module for for preventing
spirit
spirit of of thethe invention,
invention, and such other
and such other embodiments
embodiments and and liquids fromfrom reaching the basic basic module;
variants are are intended
intended to to be
be covered
covered by by the
the following
following claims.
claims. whereby components of of the device that that could be infected
infected
What is
What is claimed
claimed is: is: by the bodily fluids of of a user are integrated into the
1. An ink applicationapplication device for for tattooing or or for making disposable module.
permanent make-up, make-up, comprising: 25
25 11. An ink ink application
application device for for tattooing or or for
for making
aa basic
basic module module having
having aa handle
handle and and anan integrated
integrated needle
needle permanent make-up make-up as as claimed
claimed inin claim
claim 10,
10, wherein the ink ink
drive;
drive; and and receiving portion has a volume sufScient sufficient for one application
application
a disposable module including an an outer housing substansubstan of
of ink.
ink.
tially surrounding
surrounding a needle which is supported at one one 12. An ink ink application
end
end of of the
the disposable
disposable module
module by by aa needle
needle nozzle
nozzle and and 30
30 permanent make-up as claimed in claim 10, 10, wherein the
which is supported at another end of of the disposable needle is disposed at least partially in said ink receiving
module by a portion that can contact the integrated portion so that during operation of of the device, needle move move
needle drive,
needle the needle
drive, the needle being
being movable
movable relative
relative toto the
the ment
ment transports
transports ink ink through
through the the needle
needle nozzle.
nozzle.
outer housing, and an ink receiving portion disposed 13. An ink ink application
around
around the the needle,
needle, and and 35
35 permanent make-up
permanent make-up as as claimed
claimed in in claim
claim 10,10, further
further com
com
means for prising
prising aa separate
separate ink ink module
module attachable
attachable to an an opening
opening in in the
means for allowing
allowing simultaneous
simultaneous removal removal of the entire
of the entire disposable module
disposable
disposable module module from from the basicbasic module.
module. module for filling
filling the ink ink receiving portion,
portion, the
2. An ink applicationapplication device for for tattooing or or for making separate
separate ink ink module having aa quantityquantity of of sterile ink
ink sufScient
sufficient
permanent make-up make-up as as claimed
claimed inin claim
claim 1, 1, wherein
wherein thethe inkink for oneone application.
receiving portion
receiving portion hashas aa volume
volume sufficient
sufScient for for one
one application
application 40
40 14. An ink ink application
of
of ink.
ink. permanent make-up
claimed in in claim
claim 13, 13, wherein
wherein the the
3. An
3. An ink ink application
application device
device for for tattooing
tattooing or or for
for making
making separate
module includes
includes an an outlet
outlet for
for discharging
discharging ink ink
permanent make-up make-up as as claimed
claimed in in claim
claim 1, 1, wherein
wherein the the with
with eacheach needle
needle stroke.
stroke.
needle is
needle is disposed
disposed at at least partially in
least partially said ink
in said ink receiving
receiving 15.
15. AnAn inkink application
application device
tattooing or or for
for making
making
portion so
portion so that
that during
during operation
operation ofof the the device,
device, needle
needle move-
move 45
45 permanent make-up as claimed in claim 13, 13, wherein the
ment transports
ment transports ink ink through
through the the needle
needle nozzle.
nozzle. separate ink module includes an an outlet for discharging
discharging ink
4. An An ink ink application
application device
tattooing or or for
for making
making iinto
nto the ink ink receiving portion.
portion.
permanent make-up
claimed inin claim
claim 1, 1, further
further compris-
compris 16-
16. An ink ink application device for for tattooing or for for making
ing
ing aa separate
module attachable
attachable to to an
an opening
opening in in the
the permanent make-up as claimed in claim 10, 10, wherein the
disposable
disposable module module for for filling the ink
filling the ink receiving
receiving portion,
portion, the the 50
50 portion that isis connectable toto the integrated integrated needle drive drive is
separate
separate ink module having a quantity of sterile ink sufScient sufficient the
the needle
needle shaft.
shaft.
for oneone application. 17.
application device
tattooing or or for
for making
making
5.
5. An An ink ink application
application device for for tattooing
tattooing or or for
for making permanent make-up
claimed in in claim
claim 16, 16, wherein
wherein the the
permanent make-up
claimed in in claim
claim 4, 4, wherein
wherein the the needle
needle shaft
shaft isis cylindrical.
cylindrical.
separate
module includes
outlet forfor discharging
discharging ink ink 55
55 18.
application device
tattooing or or for
for making
making
with each
with each needle
needle stroke.
stroke. permanent make-up make-up as as claimed
claimed in in claim
claim 16,16, further
further com
com
6. An ink applicationapplication device for for tattooing or or for making prising a diaphragm disposed between the ink receiving
permanent make-up
claimed in in claim
claim 4, 4, wherein
wherein the the portion
portion and and thethe basic
basic module.
module.
separate
module includes
outlet forfor discharging
discharging ink ink 19.
19. A A method
method of of using
using an an inkink application
application device
device forfor
into thethe ink receiving
receiving portion. o
660 tattooing or for making making permanent make-up, make-up, comprising
comprising the the
7. An ink applicationapplication device for for tattooing or or for making steps of:
permanent make-up
claimed in in claim
claim 1, 1, wherein
wherein the the providing aa basic
providing basic module
module having
having aa handlehandle and and anan inte
inte
portion that that cancan contact
contact the the integrated
integrated needle
needle drive
drive isis the
the grated
grated needle
needle drive;
drive;
needle shaft.
needle shaft. providing a disposable module including an outer housing
8. An ink application
8. application device for for tattooing or or for making 65
65 substantially surrounding
surrounding a needle which which is supported
supported
permanent make-up
claimed in in claim
claim 7, 7, wherein
wherein the the at
at one
one endend ofof the
the disposable
disposable modulemodule by by aa needle
needle nozzle
nozzle
needle shaft shaft isis cylindrical.
cylindrical. and
and which
which isis supported at another end of the disposable disposable
Exhibit A - Page 11
US 6,505,530
US 6,505,530 B2
B2
7 8
module by
module by aa portion
portion that
that can
can contact
contact the
the integrated
integrated 20.
20. The
The method
method of
of using
using an
an ink
ink application
application device
device for
for
needle drive, anan ink receiving portion disposed
disposed around tattooing or for making permanent make-up defined in claim
the needle,
the needle, 19, further
further comprising the
the step of:
of:
applying
applying ink to aa surface;
ink to surface; and
and 5 replacing another disposable
disposable module
module on
on the basic module
simultaneously removing the entire disposable module to allow another application of ink.
to allow another application of ink.
from the basic module directly following an application
of
of ink
ink using the ink
using the ink application
application device.
device. #: :#: ::: ::: :#:
Exhibit A - Page 12
MT.DERM GmbH
v.
EXHIBIT B
Exhibit B - Page 1
US006505530C1
I
EX PARTE REEXAMINATION CERTIFICATE (10751st)
(12)
United States Patent (io) Number: US 6,505,530 CI

Adler et al. (45) Certificate Issued: *Nov. 4, 2015
(54) INK APPLICATION DEVICE FOR (52) U.S. CI.

TATTOOING OR FOR MAKING CPC A61M37/0076 (2013.01); A01K11/005
PERMANENT MAKE-UP (2013.01)
(58) Field of Classiflcation Search
(75) Inventors: Frank Adler, Berlin (DE); Walter None
Lisec, Berlin (DE); Gerhard Tiirk,
See application file for complete search history.
Berlin (DE)
(73) Assignee: MT DERM GMBH, Berlin (DE)
To view the complete listing of prior art documents cited
Reexamination Request:
No. 90/013,371, Oct. 14, 2014 during the proceeding for Reexamination Control Number
90/013,371, please refer to the USPTO's public Patent
Reexamination Certificate for: Application Information Retrieval (PAIR) system under the
Patent No.: 6,505,530 Display References tab.
Issued: Jan. 14, 2003
Appl. No.: 10/072,991 Primary Examiner — Beverly M Flanagan
Filed: Feb. 12, 2002
(57) ABSTRACT
(*) Notice: This patent is subject to a terminal dis An ink application device for tattooing or for making perma
claimer. nent make-up includes a handle, a needle drive, a needle, a
needle nozzle and a protective cap. The device further
Related U.S. Application Data includes at least two modules releasably connected to one
(63) Continuation of application No. 09/671,650, filed on another. One of the modules is formed as a reusable base
Sep. 28, 2000, now Pat. No. 6,345,553. module with an integrated needle drive, and the other module
is a sterilized disposable module in which all components of
(30) Foreign Application Priority Data the manual device capable of being infected by bodily fluids
of a customer are integrated. The device can be constructively
Oct. 22, 1999 (DE) 299 19 199 U divided into two or three separate modules: a basic module, a
disposable or hygienic module and an optional ink module.
(51) Int. CI. The basic module corresponds to the handle that includes the
B43K5/00 (2006.01) needle drive and is designed such that the hygienic module
A61M 37/00 (2006.01) can be safely attached and connected to the integrated needle
AO IK 11/00 (2006.01) drive.
9 7 2 3 4 6 5 10 / 2?
tzzzzzzzzzzzz
SZSZK
^ \ \ \
^TZZ^ZZZnTZZZZZ
J
32 31
Exhibit B - Page 2
US 6,505,530 CI
1 2
EX PARTE unitary sterilized disposable module for filling the ink receiv
ing portion, the separate ink module having a quantity of
REEXAMINATION CERTIFICATE sterile ink sufficient for one application.
19. A method of using an ink application device for tattoo-
THE PATENT IS HEREBY AMENDED AS 5 ing or for making permanent make-up, comprising the steps
INDICATED BELOW.
of:
Matter enclosed in heavy brackets [ ] appeared in the providing a basic module having a handle and an integrated
patent, but has been deleted and is no longer a part of the needle drive;
patent; matter printed in italics indicates additions made providing a unitary sterilized disposable module including
10
to the patent. an outer housing substantially surrounding a needle
which is supported at one end of the unitary sterilized
AS A RESULT OF REEXAMINATION, IT HAS BEEN disposable module by a needle nozzle and which is
DETERMINED THAT: supported at another end of the unitary sterilized dispos
able module by a portion that can contact the integrated
Claims 1, 4, 10, 13, 19 and 20 are determined to be 15 needle drive, an ink receiving portion disposed around
patentable as amended. the needle,
Claims 2, 3, 5-9, 11, 12 and 14-18, dependent on an applying ink to a surface; and
amended claim, are determined to be patentable. simultaneously removing the entire unitary sterilized dis
New claims 21-101 are added and determined to be 20 posable module from the basic module directly follow
patentable. ing an application of ink using the ink application
1. An ink application device for tattooing or for making device.
permanent make-up, comprising: 20. The method of using an ink application device for
a basic module having a handle and an integrated needle tattooing or for making permanent make-up defined in claim
drive; and 25 19, further comprising the step of:
a unitary sterilized disposable module including an outer replacing another unitary sterilized disposable module on
housing and a needle, wherein the outer housing sub the basic module to allow another application of ink.
stantially [surrounding a] surrounds the needle, which is 21. The method of using an ink application device for
supported at one end of the unitary sterilized disposable tattooing or for making permanent make-up defined in claim
module by a needle nozzle and which is supported at 30 19, further comprising the step of:
another end of the disposable module by a portion that disposing the unitary sterilized disposable module follow
can contact the integrated needle drive, the needle being ing the step of simultaneously removing the entire uni
movable relative to the outer housing, and an ink receiv tary sterilized disposable module from the basic module
ing portion disposed around the needle, [and] directly following an application of ink using the ink
means for allowing simultaneous removal of the entire 35 application device.
unitary sterilized disposable module from the basic 22. The method of using an ink application device for
module. tattooing or for making permanent make-up defined in claim
4. An ink application device for tattooing or for making 19, wherein the unitary sterilized disposable module is a
permanent make-up as claimed in claim 1, further comprising single unit that is taken from a sealed sterile package directly
a separate ink module attachable to an opening in the unitary 40 before use in the ink application device,
sterilized disposable module for filling the ink receiving por 23. The method of using an ink application device for
tion, the separate ink module having a quantity of sterile ink tattooing or for making permanent make-up defined in claim
sufficient for one application. 19, wherein the unitary sterilized disposable module is used
10. An ink application device for tattooing or for making only once.
permanent make-up, comprising: 45 24. The method of using an ink application device for
a basic module having a handle and an integrated needle tattooing or for making permanent make-up defined in claim
drive; and 19, wherein following the step of simultaneously removing the
a unitary sterilized disposable module having a housing entire unitary sterilized disposable module from the basic
that includes a needle disposed therein, an ink receiving module directly following an application of ink using the ink
portion around the needle disposed inside the housing, a 50 application device, the unitary sterilized disposable module
needle nozzle disposed on one end of the unitary steril is not re-contacted with the basic module.
ized disposable module, another end of the unitary ster 25. An ink application device for tattooing or for making
ilized disposable module having a portion that is con- permanent make-up, comprising:
nectable to the integrated needle drive and a bearing a basic module having a handle and an integrated needle
element disposed inside the housing and supporting the 55 drive; and
needle in the housing so that the needle, the ink receiving a unitary sterilized disposable module including an outer
portion, the bearing element and the housing form a housing and a needle, wherein the outer housing sub
unitary unit that is detachable from the basic module, stantially surrounds the needle, which is supported at
and sealing means disposed between the ink receiving one end of the unitary sterilized disposable module by a
portion andthe basic module for preventing liquids from 60 needle nozzle and which is supported at another end of
reaching the basic module; the disposable module by a portion that can contact the
whereby components of the device that could be infected integrated needle drive, the needle being movable rela
by the bodily fluids of a user are integrated into the tive to the outer housing, and an ink receiving portion
unitary sterilized disposable module. disposed around the needle,
13. An ink application device for tattooing or for making 65 means for allowing simultaneous removal of the entire
permanent make-up as claimed in claim 10, further compris unitary sterilized disposable module from the basic
ing a separate ink module attachable to an opening in the module, and
Exhibit B - Page 3
US 6,505,530 CI
3 4
wherein the unitary sterilized disposable module is a single needle is disposed at least partially in said ink receiving
unit that is taken from a sterile package directly before portion so that during operation of the device, needle move
use in the ink application device. ment transports ink through the needle nozzle.
26. An ink application device for tattooing or for making 37. An ink application device for tattooing or for making
permanent make-up as claimed in claim 25, wherein the ink 5 permanent make-up as claimed in claim 34, further compris-
receiving portion has a volume sufficient for one application ing a separate ink module attachable to an opening in the
of ink unitary sterilized disposable module forfilling the ink receiv
27. An ink application device for tattooing or for making ing portion, the separate ink module having a quantity of
permanent make-up as claimed in claim 25, wherein the
sterile ink sufficient for one application.
needle is disposed at least partially in said ink receiving 10
38. An ink application device for tattooing or for making
portion so that during operation of the device, needle move
ment transports ink through the needle nozzle.
separate ink module includes an outlet for discharging ink
permanent make-up as claimed in claim 25, further compris with each needle stroke.
ing a separate ink module attachable to an opening in the 15
unitary sterilized disposable module forfilling the ink receiv permanent make-up as claimed in claim 37, wherein the
ing portion, the separate ink module having a quantity of separate ink module includes an outlet for discharging ink
sterile ink sufficient for one application. into the ink receiving portion.
permanent make-up as claimed in claim 28, wherein the 20 permanent make-up as claimed in claim 34, wherein the
separate ink module includes an outlet for discharging ink portion that is connectable to the integrated needle drive is
with each needle stroke. the needle shaft.
permanent make-up as claimed in claim 28, wherein the permanent make-up as claimed in claim 40, wherein the
separate ink module includes an outlet for discharging ink 25 needle shaft is cylindrical,
into the ink receiving portion. 42. An ink application device for tattooing or for making
31. An ink application device for tattooing or for making permanent make-up as claimed in claim 40, further compris
permanent make-up as claimed in claim 25, wherein the ing a diaphragm disposed between the ink receiving portion
portion that can contact the integrated needle drive is the and the basic module.
needle shaft. 30 43. A method of using an ink application device for tattoo
ing or for making permanent make-up, comprising the steps
of
needle shaft is cylindrical.
providing a basic module having a handle and an inte
permanent make-up as claimed in claim 31, further compris- 35
grated needle drive;
ing a diaphragm disposed between the ink receiving portion providing a sealed sterile package containing a unitary
and the basic module. sterilized disposable module including an outer housing
34. An ink application device for tattooing or for making substantially surrounding a needle which is supported at
permanent make-up, comprising: one end of the unitary sterilized disposable module by a
a basic module having a handle and an integrated needle 40 needle nozzle and which is supported at another end of
drive; and the unitary sterilized disposable module by a portion
a unitary sterilized disposable module having a housing that can contact the integrated needle drive, an ink
that includes a needle disposed therein, an ink receiving receiving portion disposed around the needle,
portion around the needle disposed inside the housing, a applying ink to a surface; and
needle nozzle disposed on one end of the unitary steril- 45 simultaneously removing the entire unitary sterilized dis
ized disposable module, another end of the unitary ster posable module from the basic module directly follow
ilized disposable module having a portion that is con ing an application of ink using the ink application
nectable to the integrated needle drive and a bearing device.
element disposed inside the housing and supporting the 44. The method of using an ink application device for
needle in the housing so that the needle, the inkreceiving 50
tattooing or for making permanent make-up defined in claim
portion, the bearing element and the housing form a 43, further comprising the step of:
unitary unit that is detachable from the basic module,
replacing another unitary sterilized disposable module on
and sealing means disposed between the ink receiving
the basic module to allow another application of ink.
portion and the basic modulefor preventing liquidsfrom
45. The method of using an ink application device for
reaching the basic module;
whereby components of the device that could be infected by tattooing or for making permanent make-up defined in claim
the bodily fluids of a user are integrated into the unitary 43, further comprising the step of:
sterilized disposable module; and disposing the unitary sterilized disposable module follow
wherein the unitary sterilized disposable module is a single ing the step of simultaneously removing the entire uni
unit that is taken from a sterile package directly before 60 tary sterilized disposable module from the basic module
use in the ink application device. directly following an application of ink using the ink
35. An ink application device for tattooing or for making application device.
permanent make-up as claimed in claim 34, wherein the ink 46. The method of using an ink application device for
receiving portion has a volume sufficient for one application tattooing or for making permanent make-up defined in claim
of ink 65 43, wherein the unitary sterilized disposable module is a
36. An ink application device for tattooing or for making single unit that is taken from the sealed sterile package
permanent make-up as claimed in claim 34, wherein the directly before use in the ink application device.
Exhibit B - Page 4
US 6,505,530 CI
5 6
47. The method of using an ink application device for able module having a needle and a housing that includes
tattooing or for making permanent make-up defined in claim the needle disposed therein, an ink receiving portion
43, wherein the unitary sterilized disposable module is used around the needle disposed inside the housing, a needle
only once. nozzle disposed on one end of the disposable module,
48. The method of using an ink application device for 5 another end of the disposable module having a portion
tattooing or for making permanent make-up defined in claim that is connectable to the integrated needle drive and a
43, wherein following the step of simultaneously removing the bearing element disposed inside the housing and sup
entire unitary sterilized disposable module from the basic porting the needle in the housing so that the needle, the
module directly following an application of ink using the ink ink receiving portion, the bearing element and the hous
application device, the unitary sterilized disposable module 10 ing form a unitary unit that is detachable from the basic
is not re-contacted with the basic module. module, and sealing means disposed between the ink
49. An ink application device for tattooing or for making receiving portion and the basic module for preventing
permanent make-up, comprising: liquids from reaching the basic module;
a basic module having a handle and an integrated needle whereby components of the device that could be infected by
drive; and 15 the bodily fluids of a user are integrated into the steril
a sterilized disposable module assembled together as a ized disposable module.
unitary piece in a sterile package, the sterilized dispos 59. An ink application device for tattooing or for making
able module including a needle and an outer housing permanent make-up as claimed in claim 58, wherein the ink
substantially surrounding the needle, which is sup receiving portion has a volume sufficient for one application
ported at one end of the sterilized disposable module by 20 of ink
a needle nozzle and which is supported at another end of 60. An ink application device for tattooing or for making
the sterilized disposable module by a portion that can permanent make-up as claimed in claim 58, wherein the
contact the integrated needle drive, the needle being needle is disposed at least partially in said ink receiving
movable relative to the outer housing, and an ink receiv portion so that during operation of the device, needle move-
ing portion disposed around the needle, and 25 ment transports ink through the needle nozzle.
means for allowing simultaneous removal of the entire 61. An ink application device for tattooing or for making
sterilized disposable module from the basic module. permanent make-up as claimed in claim 58, further compris
50. An ink application device for tattooing or for making ing a separate ink module attachable to an opening in the
permanent make-up as claimed in claim 49, wherein the ink sterilized disposable module forfilling the ink receiving por-
receiving portion has a volume sufficient for one application 30 tion, the separate ink module having a quantity of sterile ink
of ink sufficient for one application.
permanent make-up as claimed in claim 49, wherein the permanent make-up as claimed in claim 61, wherein the
needle is disposed at least partially in said ink receiving separate ink module includes an outlet for discharging ink
portion so that during operation of the device, needle move- 35 with each needle stroke,
ment transports ink through the needle nozzle. 63. An ink application device for tattooing or for making
52. An ink application device for tattooing or for making permanent make-up as claimed in claim 61, wherein the
permanent make-up as claimed in claim 49, further compris separate ink module includes an outlet for discharging ink
ing a separate ink module attachable to an opening in the into the ink receiving portion.
sterilized disposable module for filling the ink receiving por- 40 64. An ink application device for tattooing or for making
tion, the separate ink module having a quantity of sterile ink permanent make-up as claimed in claim 58, wherein the
sufficient for one application. portion that is connectable to the integrated needle drive is
53. An ink application device for tattooing or for making the needle shaft.
permanent make-up as claimed in claim 52, wherein the 65. An ink application device for tattooing or for making
separate ink module includes an outlet for discharging ink 45 permanent make-up as claimed in claim 64, wherein the
with each needle stroke. needle shaft is cylindrical.
permanent make-up as claimed in claim 52, wherein the permanent make-up as claimed in claim 64, further compris
separate ink module includes an outlet for discharging ink ing a diaphragm disposed between the ink receiving portion
into the ink receiving portion. 50 and the basic module.
55. An ink application device for tattooing or for making 67. A method of using an ink application device for tattoo
permanent make-up as claimed in claim 49, wherein the ing or for making permanent make-up, comprising the steps
portion that can contact the integrated needle drive is the of
needle shaft. providing a basic module having a handle and an inte
56. An ink application device for tattooing or for making 55 grated needle drive;
permanent make-up as claimed in claim 55, wherein the providing a sterilized disposable module assembled
needle shaft is cylindrical. together as a unitary piece in a sterile package, the
57. An ink application device for tattooing or for making sterilized disposable module including an outer housing
permanent make-up as claimed in claim 55, further compris substantially surrounding a needle which is supported at
ing a diaphragm disposed between the ink receiving portion 60 one end of the disposable module by a needle nozzle and
and the basic module. which is supported at another end of the sterilized dis
58. An ink application device for tattooing or for making posable module by a portion that can contact the inte
permanent make-up, comprising: grated needle drive, an ink receiving portion disposed
a basic module having a handle and an integrated needle around the needle,
drive; and 65 removing the sterilized disposable module from the sterile
a sterilized disposable module assembled together as a package;
unitary piece in a sterile package, the sterilized dispos- applying ink to a surface; and
Exhibit B - Page 5
US 6,505,530 CI
7 8
simultaneously removing the entire disposable module 77. An ink application device for tattooing or for making
from the basic module directly following an application permanent make-up as claimed in claim 76, wherein the
of ink using the ink application device. separate ink module includes an outlet for discharging ink
68. The method of using an ink application device for with each needle stroke.
tattooing or for making permanent make-up defined in claim 5 78. An ink application device for tattooing or for making
67, further comprising the step of: permanent make-up as claimed in claim 76, wherein the
replacing another sterilized disposable module on the separate ink module includes an outlet for discharging ink
basic module to allow another application of ink. into the ink receiving portion.
69. The method of using an ink application device for 79. An ink application device for tattooing or for making
10
tattooing or for making permanent make-up defined in claim permanent make-up as claimed in claim 73, wherein the
67, further comprising the step of: portion that can contact the integrated needle drive is the
disposing the sterilized disposable module following the needle shaft.
step of simultaneously removing the entire sterilized dis 80. An ink application device for tattooing or for making
posable module from the basic module directly follow 15
ing an application of ink using the ink application needle shaft is cylindrical.
device. 81. An ink application device for tattooing or for making
70. The method of using an ink application device for permanent make-up as claimed in claim 79, further compris
tattooing or for making permanent make-up defined in claim ing a diaphragm disposed between the ink receiving portion
67, wherein the sterilized disposable module is a single unit 20 and the basic module,
that is taken from the sterile package directly before use in the 82. An ink application device for tattooing or for making
ink application device. permanent make-up, comprising:
71. The method of using an ink application device for a basic module having a handle and an integrated needle
tattooing or for making permanent make-up defined in claim drive; and
67, wherein the sterilized disposable module is used only 25 a sterilized disposable module assembled together as a
once. unitary piece, the sterilized disposable module having a
72. The method of using an ink application device for needle and a housing that includes the needle disposed
tattooing or for making permanent make-up defined in claim therein, an ink receiving portion around the needle dis
67, wherein following the step ofsimultaneously removing the posed inside the housing, a needle nozzle disposed on
one end of the sterilized disposable module, another end
entire sterilized disposable module from the basic module 30
ofthe sterilized disposable module having a portion that
directly following an application of ink using the ink appli
is connectable to the integrated needle drive and a bear
cation device, the sterilized disposable module is not recon-
ing element disposed inside the housing and supporting
tacted with the basic module.
the needle in the housing so that the needle, the ink
73. An ink application device for tattooing or for making 35
receiving portion, the bearing element and the housing
permanent make-up, comprising: form a unit that is detachable from the basic module, and
a basic module having a handle and an integrated needle sealing means disposed between the ink receiving por
drive; and tion and the basic module for preventing liquids from
a sterilized disposable module assembled together as a reaching the basic module; and
unitary piece, the sterilized disposable module includ- 40 a sealed sterile package housing the sterilized disposable
ing a needle and an outer housing substantially sur module;
rounding the needle, which is supported at one end ofthe whereby components of the device that could be infected by
sterilized disposable module by a needle nozzle and the bodily fluids of a user are integrated into the dispos
which is supported at another end of the sterilized dis able module.
posable module by a portion that can contact the inte- 45 83. An ink application device for tattooing or for making
grated needle drive, the needle being movable relative to permanent make-up as claimed in claim 82, wherein the ink
the outer housing, and an ink receiving portion disposed receiving portion has a volume sufficient for one application
around the needle, of ink
a sealed sterile package housing the sterilized disposable 84. An ink application device for tattooing or for making
module, and 50 permanent make-up as claimed in claim 82, wherein the
means for allowing simultaneous removal of the entire needle is disposed at least partially in said ink receiving
disposable module from the basic module. portion so that during operation of the device, needle move
74. An ink application device for tattooing or for making ment transports ink through the needle nozzle.
permanent make-up as claimed in claim 73, wherein the ink 85. An ink application device for tattooing or for making
receiving portion has a volume sufficient for one application 55 permanent make-up as claimed in claim 82, further compris
of ink ing a separate ink module attachable to an opening in the
75. An ink application device for tattooing or for making sterilized disposable module forfilling the ink receiving por
permanent make-up as claimed in claim 73, wherein the tion, the separate ink module having a quantity of sterile ink
needle is disposed at least partially in said ink receiving sufficient for one application.
portion so that during operation of the device, needle move- 60 86. An ink application device for tattooing or for making
ment transports ink through the needle nozzle. permanent make-up as claimed in claim 85, wherein the
76. An ink application device for tattooing or for making separate ink module includes an outlet for discharging ink
permanent make-up as claimed in claim 73, further compris with each needle stroke.
ing a separate ink module attachable to an opening in the 87. An ink application device for tattooing or for making
sterilized disposable module for filling the ink receiving por 65 permanent make-up as claimed in claim 85, wherein the
tion, the separate ink module having a quantity of sterile ink separate ink module includes an outlet for discharging ink
sufficient for one application. into the ink receiving portion.
Exhibit B - Page 6
US 6,505,530 CI
9 10
88. An ink application device for tattooing or for making that fully closes the unitary sterilized disposable module in
permanent make-up as claimed in claim 82, wherein the the direction of the basic module.
portion that is connectable to the integrated needle drive is 96. The method of using an ink application device for
the needle shaft. tattooing or for making permanent make-up as claimed in
89. An ink application device for tattooing or for making 5 claim 43, wherein the unitary sterilized disposable module
permanent make-up as claimed in claim 88, wherein the comprises a diaphragm thatfully closes the unitary sterilized
needle shaft is cylindrical. disposable module in the direction of the basic module.
permanent make-up as claimed in claim 88, further compris
ing a diaphragm disposed between the ink receiving portion 10
sterilized disposable module comprises a diaphragm that
and the basic module.
fully closes the sterilized disposable module in the direction
of the basic module.
permanent make-up as claimed in claim 1, wherein the uni
tary sterilized disposable module comprises a diaphragm 98. An ink application device for tattooing or for making
that fully closes the unitary sterilized disposable module in 15
the direction of the basic module. sterilized disposable module comprises a diaphragm that
unitary sterilized disposable module comprises a diaphragm 99. The method of using an ink application device for
tattooing or for making permanent make-up as claimed in
the direction of the basic module. claim 67, wherein the sterilized disposable module comprises
a diaphragm that fully closes the sterilized disposable module
93. The method of using an ink application device for
tattooing or for making permanent make-up as recited in in the direction of the basic module.
claim 19, wherein the unitary sterilized disposable module
comprises a diaphragm thatfully closes the unitary sterilized 25
disposable module in the direction of the basic module. sterilized disposable module comprises a diaphragm that
unitary sterilized disposable module comprises a diaphragm 101. An ink application device for tattooing or for making
sterilized disposable module comprises a diaphragm that
the direction of the basic module.
permanent make-up as claimed in claim 34, wherein the of the basic module.
unitary sterilized disposable module comprises a diaphragm
Exhibit B - Page 7
MT.DERM GmbH
v.
EXHIBIT C
Exhibit C - Page 1
Illlllllllllllllllllllllllllllllll
US006345553B1
llllllllll
(12) United States Patent (io) Patent No.: US 6,345,553 B1
Adler et al. (45) Date of Patent: Feb. 12,2002
(54) INK APPLICATION DEVICE FOR 4,862,772 A * 9/1989 Piperato 81/9.22

TATTOOING OR FOR MAKING 5,279,552 A * 1/1994 Magnet 81/9.22
PERMANENT MAKE-UP 5,472,449 A * 12/1995 Chau 81/9.22
5,586,473 A * 12/1996 Chou 81/9.22
(75) Inventors: Frank Adler; Walter Lisec; Gerhard 5,724,873 A * 3/1998 Hillinger 81/438
Tiirk, all of Berlin (DE) FOREIGN PATENT DOCUMENTS
(73) Assignee: Medium - TECH Medizingerate DE 299 16 971 U1 5/2000

GmbH, Berlin (DE) GB 1 587 519 * 4/1981 81/9.22
* cited by examiner
(*) Notice: Subject to any disclaimer, the term of this
patent is extended or adjusted under 35 Primary Examiner—-James G. Smith
U.S.C. 154(b) by 0 days. Assistant Examiner—Hadi Shakeri
(74) Attorney, Agent, or Firm—Smith Patent Office
(21) Appl. No.: 09/671,650
(57) ABSTRACT
(22) Filed: Sep. 28, 2000
An ink application device for tattooing or for making
(30) Foreign Application Priority Data permanent make-up includes a handle, a needle drive, a
needle, a needle nozzle and a protective cap. The device
Oct. 22, 1999 (DE) 299 19 199 further includes at least two modules releasably connected to
(51) Int.CI.7 B43K 5/00 one another. One of the modules is formed as a reusable base
(52) U.S. CI 81/9.22; 81/438; 30/362; module with an integrated needle drive, and the other
606/186 module is a sterilized disposable module in which all
.... 81/9.22, 438; 30/362; components of the manual device capable of being infected
(58) Field of Search
by bodily fluids of a customer are integrated. The device can
606/186, 169
be constructively divided into two or three separate mod
(56) References Cited ules: a basic module, a disposable or hygienic module and
an optional ink module. The basic module corresponds to the
U.S. PATENT DOCUMENTS handle that includes the needle drive and is designed such
that the hygienic module can be safely attached and con
4,508,106 A * 4/1985 Angres 128/1 R
4,644,952 A * 2/1987 Patipa et al. 128/305 nected to the integrated needle drive.
4,671,277 A * 6/1987 Beuchat 81/9.22
4,798,582 A 1/1989 Sarath et al. 30 Claims, 6 Drawing Sheets
9 8 7 2 1 4 6 5101 21 20
WMm^
Exhibit C - Page 2
U.S. Patent Feb. 12, 2002 Sheet 1 of 6 US 6,345,553 B1
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U.S. Patent Feb.12,2002 Sheet 2 of 6 US 6,345,553 B1
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U.S. Patent Feb.12, 2002 Sheet 6 of 6 US 6,345,553 B1
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Exhibit C - Page 8
US 6,345,553 B1
1 2
INK APPLICATION DEVICE FOR particles, germs and bacteria and may lead to an infection in
TATTOOING OR FOR MAKING the customer. The sterility of the ink can therefore not
PERMANENT MAKE-UP always be reliably ensured despite careful hygienic mea
sures. Moreover, an economic handling of the relatively
BACKGROUND OF THE INVENTION 5 expensive ink is not possible with this method.
1. Field of the Invention SUMMARY OF THE INVENTION

The present invention relates to an ink application device
for tattooing or for making permanent make-up that can An object of the invention is to eliminate the above-
apply tattoos or other permanent make-up. In particular, this 10 mentioned disadvantages and to reliably ensure the sterility
invention relates to a permanent make-up ink application 0f a device and the ink for each customer, each tattoo and
device for ensuring sterility when treating customers. each permanent make-up in a simple manner.
2. Discussion of the Related Art According to the invention, the object is solved by an ink
application device for tattooing or for making permanent
The spreading of highly infectious bacterial or viral
make-up, comprising a handle, a needle drive, a needle, a
infectious diseases such as AIDS and hepatitis, which are 15
needle nozzle and a protective cap, and at least two modules
transmitted by bodily fluids, places substantial pressure on
releasably connected to one another, wherein one of the
cosmeticians with respect to the hygienic handling of the
modules is formed as a reusable base module with an
tools and ink containers when applying permanent make-up
integrated needle drive, and the other module is a sterilized
(PMU) and tattoos. In everyday practice, these concerns are
20 disposable module in which all components of the manual
not easy to address.
device capable of being infected by bodily fluids of a
It is particularly problematic in the practice of applying customer are integrated.
permanent make-up and tattoos because these measures are
The ink application device is constructively divided into
so invasive. In particular, the customer's skin is pierced by
two or three separate modules: a basic module, a disposable
the method, and blood or blood serum may issue from the
25 or hygienic module and an optional ink module, e.g. an ink
treated portion of the skin. Moreover, the parts of the device
cartridge, wherein the basic module corresponds to the
that come into direct contact with the customer, in particular,
handle which includes the drive and is designated such that
the needles and needle nozzles, are contaminated by the
the hygienic module can be safely attached and connected to
customer's bodily fluids. In order to avoid known diseases
the drive.
transmitted by bodily fluids, such as AIDS and hepatitis,
these parts of the device must be sterile before treatment and 30 When using a disposable module which includes all parts
are to be regarded as potentially infectious after treatment. that can potentially be infected during treatment by the
Therefore, they must be disposed of accordingly. customer's bodily fluids, the exchange of single parts of the
manual device, such as the needle or needle nozzles and the
Thus, it is common practice that certain parts of the PMU
sterilization of the remaining parts that may have contacted
or tattoo device, such as needles, are disposable articles.
[ 35 the bodily fluid, becomes superfluous before the next use of
Other parts can be used several times and thus must be
the manual device on another customer. The disposable
carefully cleaned and sterilized after use. Before use, these
module is removed from the basic module after the treat
parts must be taken out of the sterile packaging in which
ment and is disposed of in the usual manner. Then, it is
they are stored and then they are mounted in or at the PMU
necessary for the subsequent treatment to plug a new dis-
or manual tattoo device. This requires a substantial amount
40 posable module onto the basic module to make the device
of time and money and further requires great care from the
ready to operate for the next customer. Since the disposable
users to ensure that all parts are sterile when the device is
module is taken from a sterile package directly before use,
used on customers.
its sterility is ensured without the need for special hygienic
When applying tattoos or permanent make-up, ink to be measures by the user or hygienic conditions in the treatment
introduced into the skin is typically taken from large ink 45 envfronment
reservoir containers, usually large ink bottles. Then the ink
The connection between the basic module and the dis
is either directly applied onto the customer's skin or it is
injected by means of syringes, dropper pipettes or similar posable module can be established and released in a simple
manner so that the device can also be simply and safely used
tools into a PMU or tattoo pen by means of which the tattoo
even by less experienced users.
is applied. The amount of ink in the ink bottles is signifi- 5Q
cantly larger than the quantity required for one customer. Since the ink tank is filled before the sterilization process
One bottle is therefore used for a multitude of tattoos and or after removal from the sterile packaging by means of a
make-up applications or for multiple customers. sterilized ink cartridge with an ink quantity sufScient for one
This practice poses health risks for customers because of treatment, the contamination or infection of the ink is
the danger that bodily fluids, such as blood or serum issuing 55 effectively prevented, and the required sterility during treat
from the injured skin of a customer when piercing, "carving- ment is ensured.
in" or contacting the skin while applying the ink, contact the The ink quantity of approximately 0.5 to 2.0 ml provided
filling aids used for transferring the ink out of the reservoir according to preferred embodiments is usually sufficient for
ink bottles. As a result, the bodily fluids may spread into the one tattoo or PMU. If further ink is required for larger tattoo
reservoir bottle thereby losing the sterility of the bottle. 60 applications, the empty ink cartridge can easily be replaced
Under these circumstances, several customers can be con- by a new, sterile cartridge without the risk of contamination
laminated by infectious diseases if the same ink and the or infection.
same filing aid are used. An ink container can, for instance, be used as an ink
The prolonged storage of the ink in the relatively large cartridge as disclosed in the German Utility Model No. 299
reservoir container and the permanent extraction of small 65 16 971, which is incorporated herein by reference,
amounts for treating customers can, despite all precaution A sealing diaphragm provided, according to the preferred
ary measures, cause the contamination of the ink with dust embodiments, between the basic and disposable module
Exhibit C - Page 9
US 6,345,553 B1
3 4
ensures that no ink leaks from the ink tank of the disposable The ink is preferably introduced before sterilization and
module and enters the basic module. This ensures that the packaging of the disposable module, and the element is
reusable basic module is not exposed to bodily fluids and can closed by the collar 6. In this manner, the sterility of the
be reused without having to be sterilized. In addition, the element and of the ink is ensured. The element is packaged
diaphragm also prevents the penetration of impurities, germs 5 in a storable manner. After removal from the sterile
or bacteria which may adhere to the basic module, into the packaging, it is immediately ready to operate, and it only has
sterile disposable module. to be connected to the basic module formed as a handle with
The manual device according to the invention achieves the needle drive.
the special hygienic conditions necessary for applying tat The leaking of ink towards the back into the basic module,
toos or PMUs with simple handling procedures to ensure 1° which is not shown, is prevented because the bearing 4 is
sterility of the elements contacting the customer's skin. dimensioned to have in a tight fit, and the needle shaft 13 is
closed by a diaphragm 5, that is made of a resilient material.
BRIEF DESCRIPTION OF THE DRAWINGS The diaphragm 5 has a substantially centrally arranged
The above and other objects and features of the present opening_ for the needle_ 3, and the opening
_ is provided
_ with
_
invention will be clearly understood from the following 15 a sealing bead or lip 32. The sealing bead or lip 32 is
description with respect to the preferred embodiments disposed around the needle shaft. The resiliency of the
thereof when considered in conjunction with the accompa diaphragm 5 enables movement of the needle 3 within a
nying drawings, in which: required stroke interval. The slidable seat of the sealing bead
or lip 32 of the diaphragm 5 on the needle shaft 13 allows
FIG. 1 shows a cross sectional view of a disposable
20 relief of the diaphragm in the rest position. The diaphragm
module according to the invention which is already filled
5 is preferably made of a medically compatible, rubber-like
with ink and which is closed, storable and ready to operate;
materials, which are generally known in medical technology.
FIG. 2 shows a partial cross sectional view of the dispos-
A magnet 10 attached at the distal end of the needle shaft
able module of FIG. 1;
13 secures a non-positive connection of the needle 3 with the
FIG. 3 shows a partial cross sectional view of an embodi- 25 drive (not shown) in the basic module when the disposable
ment of an empty disposable module formed according to module is connected to the basic module. The drive is
the invention with an attached ink cartridge; provided at the opposite end of the needle shaft 13 with a
FIG. 4 shows a partial cross sectional view of another corresponding magnetic counter piece 31 to realize the
embodiment of an empty disposable module formed accord magnetic coupling. The magnetic material may be soft iron
ing to the invention; 30 or reinforced or non-reinforced sinter ceramics.
FIG. 5 shows a partial cross sectional view of yet another FIGS. 3 and 4 show further embodiments of the dispos
embodiment of an empty disposable module formed accord able or hygienic module according to the invention. This
ing to the invention; and embodiment differs from the one shown in FIGS. 1 and 2 in
FIG. 6 shows a partial cross sectional view of a further that the ink filling of the element is performed by plugging
embodiment of an empty disposable module formed accord- on a sterile ink cartridge 11. As shown in FIG. 4, a specially
ing to the invention. formed diaphragm 5 supports its resilient movement with
the needle 3.
DETAILED DESCRIPTION OF THE
Instead of the ink cartridge 11, a micro dosing pump (not
PREFERRED EMBODIMENTS
40 shown) can also supply the ink from a corresponding ink
FIGS. 1 and 2 show an embodiment of a disposable or container into the ink tank 14. The ink is preferably dis
hygienic module formed according to the invention. A basic charged automatically from the ink module 11 or from the
module 20 is formed as a conventional handle. The basic micro dosing pump into the ink tank 14. Preferably 5 to 30
module 20 comprises a drive 21 for a needle 3, which is ml per needle stroke are dosed. Manual operation of the ink
adapted in accordance with the constructive design of a 45 module 11 is also possible. The ink is transported by the
needle shaft
' ~ 13.
" movement of the needle 3 through a needle nozzle 8 during
The disposable module is provided with a housing com operation of the manual device.
prising a rear housing part 1 and a front housing part 2, and In a further embodiment, which is not shown, the needle
a protective cap 9 which tightly locks the element towards shaft 13 can be formed cylindrically at its distal end so that
the front when it is not in use. The disposable module of the 50 it engages a clamping device provided in the basic module,
present example is comprised of parts made of a medically preferably with a collet chuck to establish the drive connec
compatible plastic material. In an alternative embodiment, it tion for the needle 3.
can also be formed as one piece. The manufacturer places As an alternative, the diaphragm can also be formed
the module in a sterile package, and it is suitable for without an opening for the needle 3 and fully close the
long-term storage. 55 disposable module in the direction of the basic module. In
A thermoplastic injection needle 3 is supported within the this case, an indirect connection between the elements of the
element by a sealing and bearing element 4 and by a bearing magnetic coupling with an interposed diaphragm 5 is estab-
sleeve 7. The bearing dimensions are proportioned so that lished.
simple and normal operation of the needle 3 is ensured, and In a further embodiment, the needle shaft 13 can be
the needle movement through the bearing 4 transports the go formed as a pressure absorber at its distal end. The needle
ink. Moreover, the sleeve 7 ensures movement with little shaft 13 can be driven forward directly through the opening
friction. of the diaphragm 5 or indirectly through the closed dia
An ink tank 14 is closed by a collar 6 and is filled with ink. phragm 5 by a pressure tappet not connected to the needle
The size of the ink tank 14 preferably corresponds to an ink shaft. It can then be moved back by a return spring 12.
quantity of approximately 0.5 to 2.0 ml, since this ink 65 Further examples of embodiments of the element are
quantity is usually sufScient for one treatment. Different ink shown in FIGS. 5 and 6. In both alternatives, the needles are
quantities are of course also possible. moved by means of a return spring 12 located in a rear
Exhibit C - Page 10
US 6,345,553 B1
5 6
portion of the device. In FIG. 5, a closed form diaphragm 5 separate ink module includes an outlet for discharging ink
is shown, with the needle shaft 13 being formed as a pressure into the ink tank.
absorber abutting the inner side of the diaphragm that is the 10. An ink application device for tattooing or for making
side facing the disposable module. On the opposite side of permanent make-up comprising:
the diaphragm 5 (i.e. the side facing the basic module), a 5 a basic module having a handle and an integrated needle
tappet, which is not shown, holds the needle shaft end drive;
against the force of the return spring 12 to drive the needle a sterilized disposable module having a needle disposed
3. The return movement of the needle 3 is then performed by therein, a needle nozzle disposed on one end of the
the force of the return spring 12. sterilized disposable module, and another end of the
In the embodiment of FIG. 5, the disposable module is 10 sterilized disposable module having a portion that is
sealed in the direction of the basic module by a closed connectable to the integrated needle drive, whereby all
diaphragm 5. In the embodiment of FIG. 6, the diaphragm components of the device that could be infected by the
5 is provided with an opening. bodily fluids of a user are integrated into the sterilized
It is to be understood that although the present invention disposable module; and
has been described with regard to preferred embodiments a resilient diaphragm disposed between an ink tank and
thereof, various other embodiments and variants may occur the basic module so as to prevent ink from passing from
to those skilled in the art, which are within the scope and the ink tank to the basic module.
spirit of the invention, and such other embodiments and 11. An ink application device for tattooing or for making
variants are intended to be covered by the following claims. permanent make-up as claimed in claim 10, wherein the
What is claimed is: 20 diaphragm is made of a medically compatible, elastomeric
1. An ink application device for tattooing or for making material.
permanent make-up, comprising: 12. An ink application device for tattooing or for making
a basic module having a handle and an integrated needle permanent make-up as claimed in claim 10, further com
drive; and prising a needle shaft attached at one end of the needle,
a sterilized disposable module having a housing that 25 wherein the diaphragm has a sealing lip disposed around the
includes a needle disposed therein, a needle nozzle needle shaft and the sealing lip guides the needle shaft.
disposed on one end of the sterilized disposable 13. An ink application device for tattooing or for making
module, another end of the sterilized disposable mod permanent make-up as claimed in claim 10, wherein the
ule having a portion that is connectable to the inte portion that is connectable to the integrated needle drive is
grated needle drive through a resilient diaphragm, and 30 the needle shaft,
a bearing element disposed inside the housing and 14. An ink application device for tattooing or for making
supporting the needle in the housing so that the needle permanent make-up as claimed in claim 13, wherein the
the diaphragm, the bearing element and the housing needle shaft is cylindrical.
form a unit that is detachable from the basic module, 15. An ink application device for tattooing or for making
whereby all components of the device that could be 35 permanent make-up as claimed in claim 13, wherein the
infected by the bodily fluids of a user are integrated into needle shaft has a magnetic material at one end that is
the sterilized disposable module. magnetically connectable with a magnetic counter piece
2. An ink application device for tattooing or for making disposed in the basic module.
sterilized disposable module includes an ink tank. 40 permanent make-up as claimed in claim 15, wherein the
3. An ink application device for tattooing or for making magnetic material includes at least one of a soft iron, a
permanent make-up as claimed in claim 2, wherein the ink reinforced sintered ceramic and a non-reinforced sintered
tank has a volume sufficient for one application of ink. ceramic.
permanent make-up as claimed in claim 2, wherein the 45 permanent make-up as claimed in claim 15, wherein the
needle is disposed at least partially in said ink tank so that diaphragm is disposed between the magnetic material and
during operation of the device, needle movement transports the magnetic counter piece so that a magnetic connection is
ink through the ink nozzle. indirectly made through the diaphragm.
permanent make-up as claimed in claim 1, further compris- 50 permanent make-up as claimed in claim 10, wherein the
ing a separate ink module attachable to an opening in the diaphragm is devoid of any openings so that it completely
disposable module for filling an ink tank, the separate ink closes off the ink tank from the basic module.
module having a quantity of sterile ink sufScient for one 19. An ink application device for tattooing or for making
application. permanent make-up as claimed in claim 18, wherein the
6. An ink application device for tattooing or for making 55 diaphragm is disposed between a magnetic material and a
permanent make-up as claimed in claim 5, wherein the ink magnetic counter piece so that a magnetic connection is
tank has a volume sufScient to receive approximately 0.5 to indirectly made through the diaphragm.
2.0 ml of ink. 20. An ink application device for tattooing or for making
7. An ink application device for tattooing or for making permanent make-up as claimed in claim 18, wherein the
permanent make-up as claimed in claim 5, wherein the 60 sterilized disposable module further comprises a return
separate ink module is an ink cartridge. spring contacting a portion of at least one of the needle and
8. An ink application device for tattooing or for making the needle shaft.
separate ink module includes an outlet for discharging ink permanent make-up as claimed in claim 10, wherein the
with each needle stroke. 65 sterilized disposable module further comprises a return
9. An ink application device for tattooing or for making spring contacting a portion of at least one of the needle and
permanent make-up as claimed in claim 5, wherein the the needle shaft.
Exhibit C - Page 11
US 6,345,553 B1
7 8
22. An ink application device for tattooing or for making disposable module, another end of the sterilized disposable
permanent make-up as claimed in claim 1, wherein said module having a portion that is connectable to an integrated
sterilized disposable module further comprises a needle needle drive through a resilient diaphragm, and a bearing
shaft that is connectable to the integrated needle drive. element disposed inside the housing and supporting the
23. An ink application device for tattooing or for making 5 needle the diaphragm in the housing so that the needle, the
permanent make-up as claimed in claim 22, wherein the bearing element and the housing form a unit that is attach
needle shaft is cylindrical. able to an ink application device.
24. An ink application device for tattooing or for making 28. A sterilized disposable module as claimed in claim 27,
further comprising a needle shaft attached at one end of the
needle shaft has a magnetic material at one end that is 10
needle.
magnetically connectable with a magnetic counter piece
29. A sterilized disposable module as claimed in claim 28,
disposed in the basic module.
wherein the needle shaft has a magnetic material at one end
permanent make-up as claimed in claim 23, wherein the for magnetically connecting the needle shaft with a magnetic
diaphragm is disposed between a magnetic material and a 15
counter piece disposed in a basic module.
magnetic counter piece so that a magnetic connection is 30. A sterilized disposable module for an ink application
indirectly made through the diaphragm. device for tattooing or for making permanent make-up, the
26. An ink application device for tattooing or for making module having a housing that includes a needle disposed
permanent make-up as claimed in claim 1, wherein the therein, a needle nozzle disposed on one end of the sterilized
diaphragm is made of a medically compatible, elastomeric 20 disposable module, another end of the sterilized disposable
material. module having a portion that is connectable to an integrated
27. A sterilized disposable module for an ink application needle drive, and a resilient diaphragm disposed between a
device for tattooing or for making permanent make-up, the front housing part and a rear housing part.
module having a housing that includes a needle disposed
therein, a needle nozzle disposed on one end of the sterilized
Exhibit C - Page 12
UNITED STATES PATENT AND TRADEMARK OFFICE
CERTIFICATE OF CORRECTION
PATENT NO. 6,345,553 B1 Page 1 of 1

APPLICATION NO. 09/671650
DATED February 12, 2002
INVENTOR(S) Adler et al.
It is certified that error appears in the above-identified patent and that said Letters Patent is
hereby corrected as shown below:
Column 5
In claim 1, lines 12-13, "the needle the diaphragm," should read ~ the needle, the
diaphragm, —.
Column 8
In claim 27, lines 8-10, "the needle the diaphragm in the housing so that the needle, the
bearing element" should read ~ the needle in the housing so that the needle, the
diaphragm, the bearing element —.
Signed and Sealed this
Seventeenth Day of November, 2009
QM-
David J. Kappos
Director of the United States Patent and Trademark Office
Exhibit C - Page 13
MT.DERM GmbH
v.
EXHIBIT D
Exhibit D - Page 1
US00D622000S
(12) United States Design Patent do Patent NO.: US D622,000 S

Kluge (45) Date of Patent: ** Aug. 17, 2010
(54) MODULE FOR A TATOO AND PERMANENT 4,875,577 A • 10/1989 Hildebrandl ct al 206/219
MAKE-UP APPLICATOR D325,264 S * 4/1992 Shinohara .. D28/7
D364,923 S • 12/1995 Chou D24/I44
(75) Inventor: Join Kluge, Teltow (DE) D432,918 S • 10/2000 Alloora . D9/724
D471,797 S • 3/2003 Guerreraet al. ... . D9/724
(73) Assignee; MT Derm GmbH, Berlin (DE) D549,284 S * 8/2007 Morgante . D19/41
* cited by examiner
(**) Term: 14 Years
Primary Examiner—Janice E Seeger
(21) Appl. No.: 29/274,444 Assistant Examiner—Zenia I Bennett
(74) Allorney, Agent, or Firm—Smith Patent Office
(22) Filed: Apr. 24, 2007
(57) CLAIM
(30) Foreign Application Priority Data
I claim the ornamental design for the module for a tattoo and
Oct. 25,2006 (EP) 000610449 permanent make-up applicator, as shown and described.
(51) LOC (9) CI 28-02 DESCRIPTION
(52) U.S. CI D28/7; D24/146
FIG. 1 is a perspective view of the disposable detachable
(58) Field of Classification Search D28/7, module for apparatus for applying a tattoo or permanent
D28/63, 91.2; D24/144. 146, 147; D19/35; make-up showing my new design;
401/136; 09/723,724
See application file for complete search history. FIG. 2 is a top plan view thereof;
FIG. 3 is a bottom plan view thereof;
FIG. 4 is a right view thereof;
U.S. PATENT DOCUMENTS FIG. 5 is a left view thereof;
D281.512 S * 11/1985 Kobori . D19/55 FIG. 6 is a rear plan view thereof; and,
4,671,277 A * 6/1987 Bcuchat 606/185
FIG. 7 is a front plan view thereof.
D294,388 S * 2/1988 Hardy etal. D24/144
D300,640 S * 4/1989 Coletta et al. . D19/51
4,862,772 A * 9/1989 Pipeialo 81/9.22 1 Claim, 7 Drawing Sheets
: (
Exhibit D - Page 2
U.S. Patent Aug. 17,2010 Sheet 1 of 7 US D622,000 S
(S>
Exhibit D - Page 3
fM
QD
1—1
LL-
Exhibit D - Page 4
m
C!?
LL
Exhibit D - Page 5
•^t"
iD
U-
Exhibit D - Page 6
LO
CJ
I I
Li-
Exhibit D - Page 7
FIG. 6
Exhibit D - Page 8
FIG. 7
Exhibit D - Page 9

Mt. Derm v. OPM Organic Permanent Makeup - Complaint

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Mt. Derm v. OPM Organic Permanent Makeup - Complaint

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Case 2:17-cv-09175 Document 1 Filed 12/22/17 Page 1 of 18 Page ID #:1

1 William E. Thomson, Jr. (CA SBN 47195)

6 Attorneys for Plaintiff

9 CENTRAL DISTRICT OF CALIFORNIA

1 COMPLAINT FOR PATENT INFRINGEMENT

9 States Design Patent No. D622,000.

12 Germany having its principal place of business at Gustav-Krone-Str. 3, 14167

18 4. Upon information and belief, Defendant OPM is a company having its

1 JURISDICTION AND VENUE

3 patent laws of the United States, Title 35 U.S.C. §§ 1 et seq.

6 under patent laws).

12 9. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b),

1 11. On November 4, 2015, following a reexamination requested by MT.

18 Plaintiff MT. DERM.

15 Needle” (collectively, the “OPM Needle Cartridges”). See, e.g.,

3 Machine.” See, e.g.,

9 25. Collectively, the permanent make-up application devices and

12 referred to herein as the “Infringing Products.”

15 contaminants entering the hand piece, eliminating the possibility of cross-

3 subject of this action.

15 #4)”, “OPM-5SE (Needle #5)”, and “TMS Needle.” See

1 31. Defendant’s OPM Devices assembled with its OPM Cartridges,

9 Reexamined ’530 Patent, and therefore directly infringe these claims.

18 at least by offering for sale on the https://opmakeup.com/ website the Infringing

24 suggesting combinations of these products in a manner that infringes one or more

3 36. With knowledge of the Reexamined ’530 Patent, Defendant indirectly

18 Reexamined ’530 Patent by Defendant, Plaintiff has suffered damages in an

21 infringement of the Reexamined ’530 Patent, yet Defendant continues to infringe

24 was delivered to Defendant, informing Defendant of its infringement of the

6 knowing and willful, entitling Plaintiff to increased damages under 35 U.S.C.

9 43. The infringement of the Reexamined ’530 Patent by Defendant has

15 set forth fully herein.

9 46. Defendant’s OPM Cartridges, including but not limited to the

18 disposable module,” and are specifically designed to be connected to the

12 patent by inducing and contributing to the direct infringement of a class of actors

24 without the consent of, authority of, or license from Plaintiff.

3 fully ascertained, which will be proven at trial.

12 57. The infringement of the ’553 Patent by Defendant is knowing and

15 PRAYER FOR RELIEF

1 c) enter judgment that this action for infringement is an exceptional case

3 d) enter judgment that the infringement of the Reexamined ’530 Patent,

6 e) order Defendant to pay damages adequate to compensate Plaintiff for

9 post-judgment interest, in an amount according to proof;

12 in concert or participation with them, from infringing, inducing others to infringe

15 g) in the event a permanent injunction is not granted, determine the

1 DEMAND FOR JURY TRIAL

3 to Fed. R. Civ. P. 38.

U.S. Patent Jan. 14,2003

æ:Zz ?RNJ,<ZS ?z:2, »

U.S. Patent Jan. 14,2003 Sheet 5 of 6 US 6,505,530 B2

United States Patent (io) Number: US 6,505,530 CI

(54) INK APPLICATION DEVICE FOR (52) U.S. CI.

(54) INK APPLICATION DEVICE FOR 4,862,772 A * 9/1989 Piperato 81/9.22

(73) Assignee: Medium - TECH Medizingerate DE 299 16 971 U1 5/2000

U.S. Patent Feb. 12, 2002 Sheet 1 of 6 US 6,345,553 B1

U.S. Patent Feb.12,2002 Sheet 2 of 6 US 6,345,553 B1

U.S. Patent Feb. 12, 2002 Sheet 3 of 6 US 6,345,553 B1

U.S. Patent Feb. 12, 2002 Sheet 4 of 6 US 6,345,553 B1

U.S. Patent Feb. 12, 2002 Sheet 5 of 6 US 6,345,553 B1

U.S. Patent Feb.12, 2002 Sheet 6 of 6 US 6,345,553 B1

1. Field of the Invention SUMMARY OF THE INVENTION

PATENT NO. 6,345,553 B1 Page 1 of 1

Signed and Sealed this

Seventeenth Day of November, 2009