Feds Suspend Face-Peel Machine Bans as Patent Expires Soon
Published Date: 3/26/2026
Notice
Summary
The U.S. International Trade Commission found that some hydrodermabrasion systems broke patent rules, but since the patent is about to expire, they’re pausing the usual bans and fines. This affects companies importing or selling these products, especially HydraFacial LLC, who filed the complaint. The investigation is now over, with no extra costs or restrictions for now.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Remedial Orders Issued But Suspended
The Commission decided to issue a limited exclusion order and a cease and desist order but suspended issuance because the asserted '287 patent will expire on March 29, 2026, six days after the orders issue. Because the bond was set at 0% and the patent expires during Presidential review, the Commission stated the orders will not have any future remedial effect.
Zero Percent Bond During Presidential Review
The Commission set the bond at zero percent (0%) of the entered value of the covered products during the period of Presidential review. This means importers would not be required to post a bond during that review period.
Respondent Found to Infringe Patent
The U.S. International Trade Commission determined that respondent Cartessa violated section 337 by importing and selling hydrodermabrasion systems that infringe claims 11, 12, 14, 16, 18, 19, 22, 24, and 25 of the '287 patent. The Commission affirmed the violation on review in a vote held March 23, 2026.
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