Senvok Medical v. Arix Med: $2.25M Default Judgment Over Anti-Choking Device Design Patents
Senvok Medical Inc. secured a default judgment of over $2.25 million against Arix Med Inc. in the Northern District of Illinois, after Arix Med failed to appear in a case alleging infringement of two design patents and a copyright covering a noninvasive anti-choking device. The court found gross infringing sales of at least $7.18 million through Amazon and Shopify storefronts.
Design patent default judgment targets e-commerce anti-choking device seller
Senvok Medical Inc. filed suit on September 17, 2025, in the U.S. District Court for the Northern District of Illinois against Arix Med Inc., alleging infringement of U.S. Design Patent Nos. D1021070 and D1018837, both covering an anti-choking first aid device, as well as willful infringement of U.S. Copyright Registration No. VAu 1-551-685. The defendant operated an Amazon storefront (Store No. A3P7AJ05A747PK) and a Shopify-hosted website at arixmed.com to sell the accused product, targeting U.S. consumers and accepting payment in U.S. dollars.
Arix Med never appeared or filed an answer. Judge Matthew F. Kennelly entered a temporary restraining order and preliminary injunction, including an asset freeze, early in the proceedings. On December 8, 2025, the court granted Senvok’s motion for default judgment in its entirety, ordering $2,153,005.48 in design patent total profits under 35 U.S.C. § 289 — calculated at 30% of ascertained gross revenues of $7,176,684.93 — plus $100,000 in statutory damages for willful copyright infringement under 17 U.S.C. § 504(c)(2). A permanent injunction bars Arix Med and its affiliates from selling or importing the infringing product.
The 82-day resolution is notably swift, consistent with cases where the defendant is a foreign or anonymous e-commerce seller who declines to engage with U.S. litigation. The court directed Amazon, Shopify, and PayPal to release restrained funds to Senvok within seven days, suggesting meaningful assets may already be captured. What remains unknown is whether Arix Med has other marketplace accounts or related entities through which it continues to sell — a risk Senvok’s judgment explicitly addresses by granting ongoing authority to serve third-party payment processors on newly identified accounts.
Filing to Default Judgment in 82 days
82 days from filing to final judgment — an accelerated resolution driven by defendant’s failure to appear
Default judgment entered: what the $2.25M order means for both parties
Default judgment: liability without trial
A default judgment under Fed. R. Civ. P. 55 is entered when a defendant fails to respond to a complaint. The court accepts the plaintiff’s well-pleaded factual allegations as true and may hold an inquest on damages. Here, Judge Kennelly found personal jurisdiction, infringement of both design patents, and willful copyright infringement purely on Senvok’s evidence — Arix Med mounted no defence whatsoever.
No contest — full liability admitted by silenceSenvok wins permanent injunction and asset seizure
Senvok secured everything it sought: a permanent injunction barring all sales and imports of the infringing product, a damages award of $2,153,005 under 35 U.S.C. § 289 (total profits), $100,000 in copyright damages, and immediate release of frozen funds held by Amazon, Shopify, and PayPal. The judgment also grants Senvok ongoing authority to pursue newly discovered accounts — structurally limiting Arix Med’s ability to simply open new storefronts.
Full relief granted — injunction + asset freezeArix Med faces permanent ban and $2.25M liability
By failing to appear, Arix Med forfeited any opportunity to contest jurisdiction, challenge the design patent scope, or argue damages. The permanent injunction prohibits it, its affiliates, and associated entities from selling the product anywhere targeting U.S. consumers. Funds already held by payment processors have been ordered released to Senvok. Any attempt to reopen under a new entity faces immediate enforcement risk given the judgment’s broad anti-circumvention language.
Permanently enjoined — no appellate recourse filedE-commerce design patent enforcement is viable and fast
This case demonstrates the effectiveness of combining TRO-based asset restraint with design patent claims against marketplace sellers. Courts in the Northern District of Illinois have developed a mature framework for such actions. The 30% profit disgorgement rate applied here — on over $7.1M gross revenue — signals that design patent holders targeting e-commerce infringers can achieve substantial damages without protracted litigation when defendants fail to engage.
35 U.S.C. § 289 total profit remedy confirmedFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Senvok Medical Inc | Company | Medical device IP holder — holder of design patents D1021070 and D1018837 for anti-choking devicesSearch in Eureka ↗ |
| Defendant | Arix Med Inc | Company | Arix Med Inc. — e-commerce seller of an anti-choking device via Amazon and Shopify storefrontsSearch in Eureka ↗ |
| Plaintiff counsel | Diqing Vincent Yu | Attorney | Counsel for Senvok Medical IncSearch in Eureka ↗ |
| Plaintiff law firm | Ebiz Law Llc | Law Firm | Representing Senvok Medical IncSearch in Eureka ↗ |
| Presiding judge | Judge Matthew F. Kennelly | Judge | Illinois Northern District CourtSearch in Eureka ↗ |
Official order — verbatim text
The default judgment is comprehensive in scope, explicitly finding personal jurisdiction, willful patent infringement under 35 U.S.C. § 271, and willful copyright infringement under 17 U.S.C. § 504. The court’s reliance on electronic service — email combined with payment processor notice — reflects N.D. Ill. practice for overseas or anonymous e-commerce defendants. The 30% profit disgorgement rate suggests the court accepted Senvok’s cost assumptions in the absence of any contrary evidence. The broad anti-circumvention and ongoing enforcement provisions are designed to prevent defendant re-emergence under new marketplace identities.
USD1018837S & USD1021070S — Noninvasive Anti-Choking Device Design Patents
U.S. Design Patent Nos. D1018837 (App. No. 29/875,962) and D1021070 (App. No. 29/909,158) protect the ornamental appearance of Senvok Medical’s noninvasive anti-choking device — a handheld first aid product designed to dislodge airway obstructions without the physical demands of the Heimlich manoeuvre. Design patents in the U.S. cover only the visual, non-functional appearance of a product; infringement is assessed by whether an ordinary observer would find the accused design substantially similar to the claimed design. The sequential application numbers suggest D1021070 was filed as a continuation or refinement of the earlier D1018837 design family.
Anti-choking devices have attracted growing commercial interest as alternatives to traditional manual techniques, particularly for use by bystanders, elderly users, or those without training. A design patent portfolio covering the same product’s appearance across two patents strengthens enforcement by closing design-around gaps a single patent might leave open. Competitors in the medical first aid device space — including any company selling visually similar handheld suction-based choking rescue products — face meaningful infringement risk and should assess their product designs against both patents in this family.
Should you run an FTO against USD1018837S and USD1021070S?
Any company designing, manufacturing, or distributing a handheld anti-choking or airway-clearance device for the U.S. market should conduct a freedom-to-operate analysis against Senvok Medical’s design patent family. The D1018837 and D1021070 patents protect the ornamental appearance of the device, meaning even functional differences may not avoid infringement if the overall visual impression is substantially similar. This is particularly relevant for Amazon and Shopify marketplace sellers who may source visually similar products from third-party manufacturers.
PatSnap Eureka’s FTO Search Agent can map the visual claim scope of both Senvok design patents, identify prior art that may constrain the patents’ enforceability, and flag products in your portfolio or pipeline that may fall within the ordinary-observer infringement standard. Given the $7.1M gross revenue finding in this case, the commercial stakes of proceeding without an FTO analysis are substantial.
Run a freedom-to-operate analysis on USD1018837S to assess your product’s exposure
Run FTO in Eureka →Similar design patent enforcement cases: medical devices & e-commerce marketplaces
Cases in the N.D. Illinois involving design patent enforcement against Amazon and Shopify marketplace sellers of medical or consumer health devices.
What this case signals for the medical device design patent IP landscape
Senvok’s swift, comprehensive win illustrates how design patents and copyright together create a powerful enforcement toolkit against e-commerce infringers in the medical device space.
Pair design patents with copyright to maximise e-commerce enforcement leverage
Senvok’s dual-IP strategy — asserting two design patents under § 289 (total profit) and copyright under § 504(c)(2) (statutory damages) — maximised both the damages floor and the likelihood of asset recovery. Medical device brand owners should audit whether their product designs qualify for both layers of protection before going to market.
Asset freeze at TRO stage is the key to actual recovery in marketplace cases
The court’s early restraint of Amazon, Shopify, and PayPal accounts meant funds were preserved before the defendant could withdraw them. IP owners pursuing e-commerce infringers should prioritise ex parte TRO applications with asset freeze relief — it is often the difference between a meaningful judgment and an uncollectable one.
Senvok v Arix — key questions answered
The Northern District of Illinois entered a default judgment in favour of Senvok Medical Inc. on December 8, 2025. Arix Med Inc. was ordered to pay $2,153,005.48 in design patent profits and $100,000 in statutory copyright damages, and was permanently enjoined from selling the infringing anti-choking device. Amazon, Shopify, and PayPal were ordered to release restrained funds to Senvok within seven days.
Senvok asserted two U.S. design patents: D1018837 (App. No. 29/875,962) and D1021070 (App. No. 29/909,158), both covering the ornamental design of a noninvasive anti-choking device. The company also asserted U.S. Copyright Registration No. VAu 1-551-685 for related product imagery.
The court applied 35 U.S.C. § 289, which allows recovery of a design patent infringer’s total profit from the sale of infringing articles. The court accepted 30% of ascertained gross revenue of $7,176,684.93 as representing total profit, yielding $2,153,005.48. An additional $100,000 in statutory damages was awarded for willful copyright infringement under 17 U.S.C. § 504(c)(2).
Judge Kennelly found personal jurisdiction because Arix Med targeted U.S. consumers — including Illinois residents — through an Amazon storefront and a Shopify-hosted website, offered U.S. shipping, and accepted U.S. dollar payments. The court permitted service by electronic publication and email, a procedure common in N.D. Illinois cases involving online marketplace sellers.
The permanent injunction prohibits Arix Med, its affiliates, officers, agents, and any persons acting in concert with it from offering, selling, or importing the infringing anti-choking device. It also contains anti-circumvention provisions barring the formation of new entities to evade the order. Third-party providers including Amazon, Shopify, and PayPal are required to disable related accounts and release frozen funds to Senvok upon receiving the order.
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