Owners of the Womanizer sex toy allege Baci and Osé devices violate its IP rights.

Seeking to enforce three of its patents covering Womanizer Pleasure Air Technology, WOW Tech Group has sued Lora Dicarlo for allegedly infringing upon its intellectual property rights with its Osé, Osé 2, and Baci products.

It’s an easy-to-argue point that more so than marketing, advertising, research, and product development, the creation of patented technology drives the revenue earning differences between various sextech brands in a quite overcrowded marketplace. 

For instance, Lovense owns 50-plus unique patents on its proprietary teledildonic innovations. These individual assets allow the company to differentiate its from other sex toy manufacturers, often offering very similar devices. 

Because the sextech marketplace is as deep as it is wide, it’s frequently tricky not to replicate another brand’s creativity, often by pure accident. In this case, the patent process works well to ensure that creativity is adequately rewarded.

Womanizer’s Pleasure Air technology is noted to use pulsating and massaging changes in air pressure without touching the clitoris, ensuring that the clitoris’ nerve endings are never over-stimulated. 

Comparatively, ​Lora Dicarlo’s products create a blended orgasm via a G-spot massager and Womanizer stimulator-similar “clitoral mouth” to arouse and stimulate both pleasure points. 

There’s a potential to mistake the Womanizer and the Osé as being similar in the marketplace. Consider the marketing bonanza Lora Dicarlo’s products had after being banned from being showcased at the 2019 Consumer Electronics Showcase in Las Vegas, plus naming model Cara Delevingne co-owner and creative adviser in November 2020. 

Ensuring that a product with both niche popularity and some manner of notoriety is not closely associated with your brand—though you share similar essential technology—is critical. 

Womanizer preceded Lora Dicarlo’s products to market by nearly a half-decade, selling over three million units in 2018 alone. They’ve also achieved a depth and scope of research and development in the marketplace surrounding the Pleasure Air patent that would allow a product like the Osé (and others) a much easier navigation and entrenchment in the retail space.

It is important to note that, in 2019—on the back of the Osé yielding $1.5 million in gross revenue within 36 hours of its product launch—Lora Dicarlo was able to reach $3 million in revenue that year. Now, headed into 2021, the company’s revenue is noted by Forbes to have reached $7.5 million—a growth of 150 percent.

Related to this point, in a public press release statement, WOW Tech noted a heightened desire to engage in patent protection. “[We’re] committed to vigorously enforcing [our] intellectual property rights against all infringers, including retailers, distributors, and other market participants selling infringing products.” 

“After CDH Investments acquired a substantial stake in the company in the beginning of 2020 and became a main shareholder. WOW Tech set the strategic direction for the coming years with an even stronger focus on innovation and enforcement of its patent portfolio.”

However, one step deeper is the statement that continues from WOW’s CEO Johannes von Plettenberg. 

“We also have a responsibility to our valued partners who sell our products. We want to ensure that copycats do not harm their businesses and sales.” 

COVID-era sales in self-pleasure devices are astronomical, and the expectation for unprecedented revenue is apparent. Profit margins being what they could potentially become, the need to ensure that all companies are uniquely able to reap the benefits is important. 

“The WOW Tech team is working hard, investing much time, budget, and passion into creating new and innovative products,” WOW CEO von Plettenberg notes. 

Lora DiCarlo responded to the lawsuit in a press release on January 13:

“Lora DiCarlo denies these claims and will vigorously defend ourselves in court. Our products implement technology that we own, and we warrant that our products do not infringe upon the intellectual property rights of others.”

Immediately after filing its case, WOW Tech revealed the real reason it filed suit: to use the case to threaten our distributors and retailers in a repugnant display of anti-competitive practices. We believe our distributors and retailers have the right to work with any brand that they choose, based on the best interest of their customers.

In the highly unlikely event that a Lora DiCarlo product is found to infringe a patent, we will take back any offending products and issue a credit to our valued retailers.”

Image sources: Wow Tech Group, Lora DiCarlo

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You can’t be a player in teledildonics without it—at least not in the U.S. 

There’s a hugely passionate debate brewing in the burgeoning remote sex community. It’s over the so-called “teledildonics” patent, which covers the communication of remote sex toys over the Internet. It’s at the center of lawsuits filed against six sex tech companies.

As we’ve written before, the patent has been accused of blocking the development in the interactive sex arena. There are also claims that it’s too broad, and in fact not a novel invention—an argument that could potentially void the rights of the current patent holder.

This argument only has a few years left to play out. The patent expires in 2018. At that time, both DIY sex tech engineers and remote sex startups will be free to connect their sex toys online.

Until then, we at Future of Sex plan to provide context to the unfolding legal action and share some history about the patent in question. Be sure to scroll down to view a timeline of  the patent’s history, which we will update as new information surfaces.

For more insight, we spoke the Vstroker [NSFW] founder, who goes by the name Troy Peterson. He understands the intellectual property because his company NextGen Interactive held exclusive rights to it for two years.

One patent to rule them all

Its full name is Method and device for interactive virtual control of sexual aids using digital computer networks. But it’s been nicknamed the ‘268, which are the last three digits of its U.S. patent number.

It governs the use of sex toys via web connections, in particular when a device is manipulated over a computer network and then acts upon a person, said Peterson. This can involve prerecorded video or a sex toy equipped with touch sensors that send information.

Timeline of the rights to remote sex

1998 – Warren Sandvick filed for intellectual property rights with the U.S. Patent Office.

2002 – The ‘268 patent is issued to Sandvick, along with two other inventors, Jim Hughes and David Atkinson.

2007 – Patent ownership is transferred to the company Hassex Inc, which is owned by Sandvick.

2010 – The makers of the remote sex device the RealTouch are sued for patent infringement by Immersion and New Frontier Technologies. According to Peterson, New Frontier Technologies had been paying for exclusive rights to the ‘268 patent at this time.

2012 – Hustler bought New Frontier Technologies, after the latter had held exclusive ‘268 patent rights for five or six years, said Peterson. The patent is returned to Hassex Inc., following a clause agreement that this would happen if New Frontier Technologies were ever sold.

Circa 2013 – Peterson’s virtual sex company NextGen Interactive obtained exclusive rights to the ‘268.

“We did that because we didn’t want to get sued. We saw what happened to RealTouch,” Peterson said.

Partnered with Greg Clayman of adult webcam site Flirt4Free, Peterson planned to start Vstroker interactive—an online forum where adult performers let customers control sex machines with the click of a mouse and with Vstroker [NSFW] devices. It launched in November 2014.

November 2013 – Adult Entertainment Broadcast Network, the maker of the RealTouch remote sex device, announced it would stop selling it as of January 2014. The company couldn’t keep up with licensing and manufacturing fees.

2014 – KIIROO, a teledildonics company based in The Netherlands, secured a deal to license the patent in order to sell its devices in the United States.

2015 – Peterson said NextGen Interactive returned full rights to the ‘268 to Hassex Inc., because he didn’t want to deal with enforcing it against others. He still has a deal to license the patent until it expires. Hassex Inc. has since formed a strategic joint venture with TZU Technologies to work on product development and patent enforcement. While TZU Technologies now owns the patent, without having exchanged money, Hassex Inc. has kept the right to license it to others, said Peterson.

June 2015 – Ownership of the ‘268 is transferred to TZU Technologies from Hassex Inc.

July 2015 –  TZU Technologies sues the makers of theRealTouch (Internet Services, LLC and WMM Holdings, LLC) along with sex tech companies FriXion, Comingle, LovePalz, and Vibease. Their offenses include offering software platforms that control interactive sex devices remotely, as well as selling such devices.

According to the lawsuits, TZU Technologies is seeking payment for treble damages and has summoned the defendants to jury trials. The California-based company has accused the defendants of willfully infringing on its patent rights by deliberately operating without permission.

Dan Cotman, a lawyer representing TZU Technologies, told Future of Sex that the company has plans to use the patented technology, but is not ready to announce anything at this time.

He also commented on what prompted the timing of the lawsuits:

Sandvick is a pioneer in the field of haptics. When he explored bringing the idea to market he found there were a lot of companies violating his patent, which made it difficult if not impossible for him to bring the concept to market. When Sandvick could get no response from certain companies that were infringing his patent, he decided to explore other options to enforce his patent rights. TZU, who is the current owner of the ‘268 patent, was brought into the picture to advocate for Sandvick’s rights as an independent inventor.

October 2015: The makers of the RealTouch (Internet Services, LLC and WMM Holdings, LLC) and sex tech startup Vibease file near-identical counterclaims with the same legal representation.

November 2015: The lawsuit brought against Kickstarter for featuring virtual hand holding device Frebble is dismissed.

December 2015: Comingle files a similar counterclaim as the makers of the RealTouch and Vibease with the same legal representation.

Patent inventor Warren Sandvick dies of a heart attack at age 53.

February 2016: Comingle announces it must cancel production of its open-source vibrator the Mod due to financial and mental strain caused by the patent lawsuit.

June 2016: Winzz, LLC is ordered to pay $56,100 in damages after being found liable of patent infringement and failing to respond or defend itself in the patent lawsuit.

September 2016:  Vibease agrees to an undisclosed settlement with TZU Technologies. The case against the sex tech company is closed and dismissed without prejudice.

Cases against the makers of theRealTouch (Internet Services, LLC and WMM Holdings, LLC) as well as Comingle are dismissed without prejudice.

November 2016: Happy Haptics, which operated as FriXion, is ordered to pay $50,000 in damages after the judge rules in favor of TZU Technologies.

July 2017: TZU Technologies files a patent lawsuit against sex toy company LELO, singling out its remote-controlled couples’ vibrator called Ida.

December 11, 2017:  TZU Technologies voluntarily dismisses its patent case against LELO.

December 29, 2017: The companies associated with the interactive male stroker SayberX are sued by TZU Technologies for patent infringement. The first is Hong Kong-based company Interactive Holdings Limited, which markets itself as SayberX. The other is the Nevada-based SayberX global distributor Xplosion Inc.

2018 – The ‘268 patent will expire, opening up the U.S. teledildonics market to anyone who wants to enter.
Have more information about the ‘268 patent? Please contact editor@futureofsex.net.

Image source: Google

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How will intellectual property rights affect the future of long-distance sex?

Last week, Lovense received rights to a patent that covers the use of tip-controlled vibrators during interactive webcam shows.

The abstract for the new patent, which is called “Interactive online entertainment system and method,” reads as follows:

Disclosed is a system and method for allowing one or more users to interact with models from a distance, for example, by enabling the users to tip the models during online video chat sessions, wherein the models can define tipping parameters to perform predefined acts, via an adult toy, based on the amount of tips received. The adult toy can be Wi-Fi or Bluetooth enabled to receive commands directly from the server via a web browser extension, the website hosting an online video chat session, or connect to an application installed on a device operated by the model, wherein the application communicates with the web browser extension to relay commands to the adult toy therefrom. In some embodiments, the browser extension or website can generate live control links to enable certain users have a live control of the model’s adult toy,

The first tip-controlled sex toys?

Lovense currently sells a range of interactive sex toys, including the male stroker Max and the vibrator Nora. Following a successful Indiegogo campaign this year, the sex tech company also plans to release a new bullet vibrator, g-spot device, wand, and prostate massager.

All Lovense devices are designed to integrate with cam sites, for example, Flirt4Free and Camsoda [NSFW], thanks to a browser extension. Using the extension, performers can decide which tip amounts will create different vibration or rotation intensities. Check out Lovense’s cam model page here for more information.

But cam models haven’t only been using Lovense sex toys to receive tips. Lux Alptraum previously reported in 2015 that cam models had been hacking sound-activated devices, such as OhMiBod’s Club Vibe 2.0 and Freestyle G, so that these sex toys would respond to the sounds made as a result of clients tipping. Each tip makes a noise, which then increases a vibrator’s intensity.

While the patent application was filed in April 2016, it’s unclear whether cam models’ prior tinkering with sex toys conflicts with Lovense’s claim of inventing tip-activated sex toys. It’s likely that cam companies not yet affiliated with Lovense will be asked to pay licensing fees or, potentially, damages.

Cam models who hack sex toys to respond to tipping could also face potential legal action or receive cease and desist letters. We’ve heard of sex workers being told to stop hacking sex toys to enable them for long-distance sex by a different patent holder.

We don’t normally cover webcamming at Future of Sex. However, this patent may prevent developers from entering into teledildonics because it presents another cost associated with the field. This may be the case if someone only wants to get into remote sex for the profits associated with webcamming. Sex tech patents have already been accused of stifling innovation. Is this one dealing another blow?

What do you think this new patent means for the future of remote sex? Share your comments below.

Image source: opensource.com

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For when guys can’t say what they want.

At first it sounds—to be brutally honest—kind of silly: a “Male-oriented sex paraphernalia with removable modules” (US Patent 20160120736 A1) that can be controlled by the operator’s sounds of arousal.

Thinking more on it, though, it makes a remarkable amount of sense.

You’re a guy—and if you are not, just play along—and you’re really enjoying yourself with your favorite sex toy. And I mean really enjoying yourself. But you just need an extra something to get you where you want to go.

Male or female, we’ve all been there: how in the world do you say “a little to the left, up a bit, harder, but not too hard, more friction, less lube, and then twist,” when all that comes out of your mouth sounds like a Neanderthal’s version of Hamlet’s soliloquy?

The language of love—when you can’t talk

Mechanically, Wai Kin Yeung’s invention sounds innovative in and of itself—a sleeve outfitted with independently moving, and interchangeable, modules—but it’s this inclusion of a microphone that registers the “amplitude, intensity and frequency” of the user’s voice to control the action that has people talking.

On his reasoning for focusing on a male device, Wai Kin Yeung writes of his patent: “Despite the enormous market potential, most of the sex paraphernalia available nowadays are female-oriented and, no doubt that, the need of male are greatly overlooked [sic].”

Alas, the invention has quite a bit of further development to go before it hits the market, but that someone has realized the problem of control, especially when it comes to sex-related technology, is exciting.

Hopefully, either with Wai Kin Yeung’s device or others, men as well as women won’t have to struggle through an almost-there orgasm to get their sex toy of choice to do what needs to be done: Just moan and have a great time!

Image source: US Patent 20160120736 A1

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Judge rules against startup that failed to defend itself. 

Winzz, LLC, an apparently now-defunct sex tech company that did business as LovePalz, has been ordered to pay $56,100.71 in damages to TZU Technologies. TZU Technologies, a California-based company, controls the rights to the US patent covering the communication of sex toys over the Internet. This patent is often referred to as the Hassex or the ‘268 patent.

US District Judge John A. Kronstadt found Winzz, LLC/LovePalz liable for patent infringement on June 30 after it failed to both respond and defend itself against complaints. The Delaware-based company once sold interactive sex toys for long-distance partners: a male sex sleeve called Zeus and a vibrator called Hera.

After poor product reviews, LovePalz launched an unsuccessful Indiegogo campaign in 2014 to raise funds for revamped versions of Zeus and Hera marketed as Twist. It also attempted to start an adult social network for remote sex called The LovePalz Clubb. It appears the company has ceased operations since 2015 and has not responded to requests for comment.

Counting the legal blows

TZU Technologies first brought legal action against six sex tech companies, including LovePalz, in June 2015. The crowdfunding site Kickstarter was also named as a defendant after it featured a campaign for the virtual hand holding device Frebble. The case against the company was dismissed last November.

Lawsuits against Internet Services, LLC and WMM Holdings, LLC (the makers of the RealTouch), Happy Haptics, Inc. (FriXion), Comingle, and Vibease remain active.

Vibease, Comingle, and the makers of the RealTouch filed near-identical counterclaims challenging the validity of TZU Technologies’ patent in 2015 with the same legal representation. They have also presented exhibits of prior art to the court in an attempt to demonstrate that sex over communication networks was not a novel idea before the Hassex patent was filed in 1998.

However, the legal battle has served a crushing blow to Comingle in particular. The Atlanta-based sex tech company held itself a funeral in May, unable to keep up with high legal fees. The news came with little shock. In February, the startup announced it had to stop producing its open-source dildo, the Mod, due to the mentally and financially draining patent lawsuit.

Image source: opensource.com

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Comingle’s mind-controlled vibrator becomes a bygone.

This time last year open-source sex tech company Comingle finished a successful crowdfunding campaign for its hackable sex toy the Mod, raising more than $60,000 from 319 backers. But now it has announced it must cancel the project after a financially and mentally draining lawsuit.

Comingle is one of six sex tech companies that was sued on July 20, 2015, by TZU Technologies for violating the ‘268 patent. It governs the use of sex toys over digital networks and is sometimes referred to as the Hassex patent.

The company managed to find a pro-bono lawyer and dug up prior art in a move to challenge the patent’s validity, filing a counterclaim in December 2015.

With Vibease and the makers of the RealTouch also filing near-identical counterclaims with the same legal representation, it seemed like Comingle might have had a shot at maintaining operations. It seemed like small sex tech companies were joining together and gaining some power in numbers.

However, a recent statement on its website says it will not be able to deliver the Mod to all its backers:

For backers who did not receive the device, sex toy companies Vibease [NSFW] and MysteryVibe are offering product discount codes.

Andrew Quitmeyer of Comingle told Future of Sex he couldn’t comment on the fate of his sex tech company. When the ‘268 patent expires in 2018, will it be able to restart production of the Mod? Will it want to develop a new product? We’ll have to wait and see what happens in two years.

For some background on the contentious ‘268 patent, it was originally filed by Warren Sandvick of Texas in 1998, and in 2008 he transferred ownership to his company Hassex Inc. In June 2015, ownership was then transferred from Hassex Inc. to TZU Technologies, an entity meant to advocate on Sandvick’s behalf as an inventor. While Sandvick died of a heart attack on Dec. 2, 2015, it appears the patent case is still going forward.

Image source: Comingle

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