ITC Judge Cites Brattle’s Analyses and Testimony in HydraFacial Patent Infringement Matter Decision
In a recent patent infringement matter, a Brattle team provided economic analyses on behalf of HydraFacial LLC, which alleged that Cartessa Aesthetics infringed its patent covering hydrodermabrasion systems. Brattle Principal Dr. Pallavi Seth testified on behalf of HydraFacial before the US International Trade Commission (ITC), which, in August 2025, issued an Initial Determination that the importation and sale of Cartessa’s products infringed HydraFacial’s patent and violated Section 337 of the Tariff Act of 1930.
The ITC investigation began in 2023 following HydraFacial’s filed complaint alleging that imports of certain Cartessa hydrodermabrasion systems and components infringed HydraFacial’s patent. Morgan, Lewis & Bockius retained Brattle in 2024 to assess HydraFacial’s domestic industry and commercial success. In ITC Section 337 investigations, the complainant must show that the company has made significant investments in the United States to satisfy a domestic industry requirement.
Led by Dr. Seth, the Brattle team analyzed HydraFacial’s domestic investments in its facilities and employees related to its US-based manufacturing, engineering, and research and development (R&D) activities. Using a rigorous allocation approach, they quantified the California-based company’s US investments specific to certain HydraFacial products and also provided analysis regarding the commercial success of certain hydrodermabrasion systems to support secondary considerations. Dr. Seth submitted expert reports and provided deposition and trial testimony with these analyses.
Following a trial in April 2025, ITC Administrative Law Judge (ALJ) Mary Joann McNamara cited Dr. Seth’s testimony extensively in her Initial Determination and affirmed that HydraFacial had an economic domestic industry, concluding that Cartessa infringed HydraFacial’s patent. In addition, ALJ McNamara relied directly on Dr. Seth’s analysis and testimony to confirm the commercial success of the relevant HydraFacial systems.
