Guangzhou Zhongbang Trading Limited Company v. FKA Distributing Co., LLC, d/b/a HoMedics, No. 2:26-cv-12972 (C.D. Cal.), was filed November 5, 2026. The complaint says the plaintiff is a Chinese company based in Guangzhou that sells the accused BE-F1200Pro, BE-F1200ProRC, and BE-F2200ProRC foot spa massagers on Amazon, and alleges, on information and belief, that FKA is a Michigan limited liability company. The complaint says FKA operates an Amazon storefront under the seller name HoMedics USA. The complaint pleads claims under the patent laws, the Declaratory Judgment Act (28 U.S.C. §§ 2201 and 2202), Section 43(a) of the Lanham Act, and California common law, with jurisdiction under 28 U.S.C. §§ 1331, 1338(a) and (b), and 1367(a) and 15 U.S.C. § 1121. The plaintiff demands a jury trial.

The patent

U.S. Patent 8,407,826, titled Bath Apparatus, issued April 2, 2013 from application 11/084,302, filed March 18, 2005. Its face names FKA Distributing Co., LLC as assignee and Mordechai Lev, Roman S. Ferber, and Stephen Chung as inventors, and shows a patent term adjustment of 1,659 days. The complaint gives an adjusted expiration date of October 2, 2029. It says independent claims 1, 18, and 19 each require a motor mounted on an underside of the bottom surface.

What the complaint alleges

The complaint says FKA first asserted the '826 patent against the listings through Amazon's Patent Evaluation Express (APEX) program, which led Amazon to suspend them. It says the plaintiff then sued FKA in No. 1:26-cv-07554 (N.D. Ill.) on or about June 29, 2026, that FKA then offered to help reinstate the removed listings, and that the plaintiff voluntarily dismissed that case without prejudice on or about September 9, 2026. It alleges that on or about September 17, 2026, FKA again submitted Amazon takedown requests under the '826 patent against the same listings, that Amazon removed them and froze about 667 units held at a fulfillment facility in the district, and that some of that inventory is scheduled for disposal on December 16, 2026.

The counts

  • Count I, declaratory judgment of non-infringement of the '826 patent.
  • Count II, declaratory judgment that claims 1, 4 to 17, and 19 are invalid under 35 U.S.C. § 103.
  • Count III, unfair competition under 15 U.S.C. § 1125(a), alleging, on information and belief, that the parties are competitors, and alleging that FKA's infringement representations to Amazon were false or misleading statements in commercial advertising or promotion.
  • Count IV, intentional interference with prospective economic advantage, over the plaintiff's relationships with Amazon and its customers.

Relief requested

The prayer asks for judgments of non-infringement and invalidity; an injunction barring FKA from asserting the '826 patent against the accused models, including through Amazon's APEX process, and requiring it to withdraw its complaints and takedown requests; compensatory damages on Counts III and IV; FKA's profits, the plaintiff's damages, and costs under 15 U.S.C. § 1117(a); an exceptional-case finding and attorneys' fees under 35 U.S.C. § 285; punitive damages under California Civil Code § 3294 on Count IV; interest; and costs.