The Helping Hand Company v. Vive Health - Complaint

Case 1:18-cv-10996 Document 1 Filed 05/17/18 Page 1 of 10
UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
THE HELPING HAND COMPANY )

(LEDBURY) LIMITED )
)
Plaintiff, )
)
v. ) Civil Action No. 18-cv-10996
)
VIVE HEALTH, LLC )
)
Defendant. )
COMPLAINT and Jury Demand
Plaintiff, The Helping Hand Company (Ledbury) Limited (“Helping Hand”), by and
through its undersigned counsel, for its Complaint against Vive Health, LLC (“Vive”), shows and
alleges as follows:
THE PARTIES
1. Helping Hand is a United Kingdom limited company with its principal place of
business at Bromyard Road Industrial Estate, Ledbury HR8 1NS, UK.
2. Helping Hand’s United States division, Helping Hand Company USA, principal
place of business is at 31 Porter Street, Stoughton, MA 02072
3. Upon information and belief, Vive Health, LLC is a Florida limited liability
company with a principal place of business at 8955 Fontana Del Sol Way, Naples, FL 34109.
JURISDICTION AND VENUE
4. This action arises under 35 U.S.C. § 1 et seq. including 35 U.S.C. §§ 271, 281, 283,
284, and 285.
5. This Court has subject matter jurisdiction over the claims asserted in this Complaint
pursuant to 28 U.S.C. §§1331 and 1338. In addition, the Court has diversity jurisdiction over this
action pursuant to 28 U.S.C. § 1332 because Helping Hand and Vive are citizens of different states
and the amount in controversy exceeds $75,000.00. This Court also has supplemental jurisdiction
over the pendent state law claims pursuant to 28 U.S.C. §1367(a).
6. This Court has personal jurisdiction over Vive through its purposeful minimum
contacts with Massachusetts, as Vive has been engaged in substantial and continuous business in
this Judicial District. The Defendant is listed as the top selling “reacher grabber” and has sold
over five thousand (5,000) of the allegedly infringing product on Amazon alone. See Exhibit D.
Defendant also offers its products on its own website, eBay, and Bonanza. The Defendant’s
advertisements through online retailers, such as Amazon, surely communicated to prospective
Massachusetts buyers both a description of the product and a price at which it could be purchased.
Undoubtedly, some of the five thousand sales via Amazon were to Massachusetts buyers.
7. This Court also has personal jurisdiction over Vive as Vive h has regularly engaged
in business in this Commonwealth and District and purposefully availed themselves of the
privilege of conducting business in this District by their interactive and commercial website which
has, and continues to, solicit business in the Commonwealth
8. Venue is proper in this Court pursuant to 28 U.S.C. §§1391and 1400.
FACTUAL BACKGROUND
HELPING HAND’S PATENT PORTFOLIO
9. Helping Hand owns two issued patents covering parts incorporated in the designs
of its TRU-GRIP®, TRU-GRIP MAX®, and TRU-GRIP PRO® tools. Helping Hand’s Tru-Group
product line consists of hand-operated reaching devices used for picking up objects.
A. U.S. Patent No. D788,556 Patent

10. On August 4, 2014, Gavin Hugh James filed an application with the United States
Patent and Trademark Office (hereinafter the "USPTO") for a U.S. Design Patent entitled
“Bilateral Mechanism”, to which the USPTO assigned Application No. 29/498,392.
11. Application No. 29/498,392 ultimately issued as U.S. Patent No. D788,556 (the
“’D556 Patent”) on June 6, 2017. Exhibit A.
12. The ’D556 Patent is assigned to Helping Hand, which owns the full rights, title, and
interest in the ’D556 Patent.
13. The ’D556 Patent claims the ornamental design for a bilateral mechanism.
14. The ’D556 Patent has not expired and is in full force and effect.
15. Pursuant to 35 U.S.C. § 282, the ’D556 Patent and all of its respective claims are
presumed valid.
B. U.S. Patent No. D781,120 Patent
16. On July 17, 2014, Gavin Hugh James filed an application with the United States
Patent and Trademark Office (hereinafter the "USPTO") for a U.S. Design Patent entitled
“Bilateral Claw”, to which the USPTO assigned Application No. 29/496,772.
17. Application No. 29/496,772 ultimately issued as U.S. Patent No. D781,120 (the
“’D120 Patent”) on March 14, 2017. Exhibit B.
18. The ’D120 Patent is assigned to Helping Hand, which owns the full rights, title, and
interest in the ’D120 Patent.
19. The ’D120 Patent claims the ornamental design for a bilateral claw.
20. The ’D120 Patent has not expired and is in full force and effect.
21. Pursuant to 35 U.S.C. § 282, the ’D120 Patent and all of its respective claims are
presumed valid.
THE ACCUSED PRODUCT
22. Vive makes, imports into the United States, offers for sale, sells, and/or uses in the
United States hand-operated reaching devices, including, without limitation, a hand-operated
reaching device such as the Rotating Reacher Grabber (“Accused Product”). Exhibit C.
23 Vive’s infringement may include additional products, services and technologies (to
be determined in discovery).
24. The Accused Product is covered by at least claim 1 of the ’D120 Patent and ’D556
Patent.
25. Vive manufactures, offers to sell, and sells the Accused Product in the United States
without a license to do so.
26. Vive offers for sale the Accused Product throughout the United States (e.g.,
Massachusetts) via their website https://www.vivehealth.com website as well as Amazon.com,
eBay, and other outlets. Exhibit D.
27. Vive has sold at least one, if not all, of its Accused Products in Massachusetts.
NOTICE OF INFRINGEMENT
28. On or about August 21, 2017, Helping Hand, via its counsel, sent a letter to the
registered agent for Vive Health, LLC. In that letter, Helping Hand provided written notice to Vive
that the USPTO had allowed issued U.S. Design Patent Nos. D788,556 and D781,120. (“Helping
Hand’s Notice Letter”). Exhibit E.
29. On September 26, 2017 counsel for Vive confirmed receipt of the Helping Hand’s
Notice Letter and stated a substantive response would be provided by October 6, 2017. Exhibit F.
30. To date, Vive has not provided any substantive response to the Helping Hand’s
Notice Letter.
31. Despite Helping Hand’s Notice Letter Vive has continued to offer for sale the
Accused Product.
INFRINGEMENT OF THE D’556 PATENT
32. The below is a pictorial comparison of the claim of the D’556 Patent directed to the
ornamental design in a bilateral mechanism as compared with the Accused Product.
33. The figure on the left is Figure 5 of the D'556 Patent and on the left is picture of the
Accused Product:
Accused Product:
35. The similarity between the Accused Product and the ornamental design of the D'556
Patent is unmistakable and striking.
36. Rather than innovate on its own, Vive copied Helped Hand’s patented designs for
the head and neck portion of its hand-operated reaching device as embodied in the D'556 Patent.
37. When comparing the design of the Accused Product, as a whole, to the design of
the D'556 Patent, as a whole, it is readily apparent that the designs would appear substantially the
same to an ordinary observer. Specifically, the shapes of the grabber are similarly shaped as are
the neck portions of Accused Product and the D'556 Patent. Furthermore, the inside structure of
the grabber are identical in design and texture.
38. Vive does not have permission to use Helping Hand’s inventions as disclosed in
the D'556 Patent.
INFRINGEMENT OF THE D’120 PATENT
39. The below is a pictorial comparison of the claim of the D’120 Patent directed to the
ornamental design in a bilateral claw as compared with the Accused Product.
33. The figure on the left is Figure 4 of the D’120 Patent and on the left is picture of
the Accused Product:
Accused Product:
35. The similarity between the Accused Product and the ornamental design of the D'120
Patent is unmistakable and striking.
36. Rather than innovate on its own, Vive copied Helped Hand’s patented designs for
the head and neck portion of its hand-operated reaching device as embodied in the D'120 Patent.
37. When comparing the design of the Accused Product, as a whole, to the design of
the D'120 Patent, as a whole, it is readily apparent that the designs would appear substantially the
same to an ordinary observer. Specifically, the shapes of the claws of Accused Product and the
claimed design of the D'120 Patent are identical. Furthermore, the inside structure of the claw are
identical in design and texture.
38. Vive does not have permission to use Helping Hands’s inventions as disclosed in
the D'120 Patent.
HELPING HAND’S COMMERICAL EMBODIMENT
39. Helping Hand sells a number of products which are covered by the D'556 and D'120
Patents.
40. Specifically, Helping Hand’s Tru Grip Pro and Tru Grip Max are covered by the
D'556 and D'120 Patents. Exhibit G.
41. Helping Hand began marking its Tru Grip Pro, Tru Grip Max products with one or
both of its patent numbers no later than 2017.
VIVE’S UNFAIR TRADE PRACTICES
42. With respect to Vive’s Accused Product, Vive does minimal research and
development of their own, and simply copies Helping Hand’s patented products.
43. Vive tarnishes Helping Hand’s reputation and erodes Helping Hand’s ability to
leverage its patents by making misleading statements to potential purchasers of Helping Hand’s
patented products and by providing inferior copycat products which tarnishes industry.
COUNT I
(INFRINGEMENT OF THE ‘D556 PATENT)
44. Helping Hand repeats and realleges each and every allegation set forth in
paragraphs 1-43 and incorporates them herein by reference.

45. Vive has been and is still infringing the claim of the D‘556 Patent by
manufacturing, using, selling, importing, or offering for sale the Accused Product within the
United States in violation of 35 U.S.C. § 271.
46. Vive had actual notice of the issued patent at least as early as August 21, 2017.
47. Vive has profited and continues to profit from their manufacture, use, sale, offers
to sell, and importation of the Accused Product.
48. Vive’s infringement of the D’556 Patent is wanton, willful, and deliberate.
49. As a direct and proximate consequence of the acts and practices of Vive, Vive has
also caused, is causing and, unless such acts and practices are enjoined by the Court, will continue
to cause irreparable harm to Helping Hand for which it is entitled to preliminary and permanent
injunctive relief under 35 U.S.C. §283.
50. Vive’s acts of infringement are intentional and willful and "exceptional" pursuant
to 35 U.S.C. §285.
COUNT II
(INFRINGEMENT OF THE ‘D120 PATENT)
52. Vive has been and is still infringing the claim of the D‘120 Patent by
manufacturing, using, selling, importing, or offering for sale the Accused Product within the
United States in violation of 35 U.S.C. § 271.
53. Vive had actual notice of the issued patent at least as early as August 21, 2017.
54. Vive has profited and continue to profit from their manufacture, use, sale, offers to
sell, and importation of the Accused Product.
55. Vive’s infringement of the D’120 Patent is wanton, willful, and deliberate.
56. As a direct and proximate consequence of the acts and practices of Vive, Defendant
has also caused, is causing and, unless such acts and practices are enjoined by the Court, will
continue to cause irreparable harm to Helping Hand for which it is entitled to preliminary and
permanent injunctive relief under 35 U.S.C. §283.
57. Vive’s acts of infringement are intentional and willful and "exceptional" pursuant
to 35 U.S.C. §285.
COUNT III
(UNJUST ENRICHMENT)
59. As a result of the conduct of Vive described above, and unless the relief sought in
this Complaint is granted, Vive will unjustly benefit from and be unjustly enriched by, their own
intentional and wrongful acts.
JURY DEMAND
Plaintiff demands a trial by jury on all claims so triable.
PRAYER FOR RELIEF
WHEREFORE, as relief, Helping Hand respectfully prays for a judgment against
Defendant as follows:
A. A judgment that Vive has infringed one of more claims of Helping Hand’s ‘D120
and ‘D556 Patents;
B. An order and judgment preliminarily and permanently enjoining Vive and its
officers, directors, agents, servants, employees, affiliates, attorneys, and all others acting in privity
or in concert with them, and their parents, subsidiaries, divisions, successors and assigns, from
further acts of infringement of Helping Hand’s ‘D120 and ‘D556 Patents;

C. An order requiring that Vive account for all gains, profits, and advantages derived
by its infringement of Helping Hand’s ‘D120 and ‘D556 Patents in violation of 35 U.S.C. § 271,
and that Vive pay to Helping Hand all damages suffered by Helping Hand;
D. A judgment awarding Helping Hand all damages, including treble damages, based
on any infringement found to be willful, pursuant to 35 U.S.C. §284, together with prejudgment
interest;
E. Declaring this to be an "exceptional" case within the meaning of 35 U.S.C. §285,
entitling Helping Hand to an award of its reasonable attorney fees, expenses and costs in this action
as well as pre-judgment and post judgment interests; and,
F. Such other and further relief as this Court or a jury may deem proper and just.
Dated: May 17, 2018 Respectfully Submitted,

Attorney for Plaintiff
By: /s/ Brendan M. Shortell

Brendan M. Shortell (BBO# 675851)
Gary E. Lambert (BBO# 548303)
Lambert & Associates
92 State Street , Suite 200
Boston, MA 02109
Telephone: 617.720.0091
Facsimile: 617.720.6307
shortell@lambertpatentlaw.com
Case 1:18-cv-10996 Document 1-1 Filed 05/17/18 Page 1 of 6
Exhibit A
Exhibit B
Exhibit C
4/18/2018 Reacher Grabber
Case 1:18-cv-10996 - Long Reach
Document 1-3PickFiled
Up Tool05/17/18
& Trash Grabber - Vive Health
Page 2 of 3
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Rotating Reacher Grabber Vive

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32” of extra reach
Precise enough to pick up a dime
Heavy duty aluminum frame
Claw rotates 90° to work at any angle
Lifetime Guarantee View Details >
Features Reviews FAQ Speci cations
Features
Health Devices  Braces & Supports  Bathroom Safety  Living Aids  Footcare  Mobility  Physical Therapy   0
https://www.vivehealth.com/collections/mobility/products/reacher-grabber 1/7
Case 1:18-cv-10996 - Long Reach
Document 1-3PickFiled
Up Tool05/17/18
& Trash Grabber - Vive Health
Page 3 of 3
32” OF EXTRA REACH

Easily reach the top kitchen shelf, behind appliances, keys on
oor and trash on the ground
4” WIDE PRECISION CLAW

Coated with a non-slip rubber jaw and precise enough to pick up a
dime
DURABLE ALUMINUM FRAME

Lightweight and heavy duty to stand up to long term outdoor u
Health Devices  Braces & Supports  Bathroom Safety  Living Aids  Footcare  Mobility  Physical Therapy   0
https://www.vivehealth.com/collections/mobility/products/reacher-grabber 2/7
Exhibit D
4/18/2018 Amazon.com:
CaseReacher Grabber by Vive - Rotating
1:18-cv-10996 DocumentGrip - 32"1-4
Extra Long
FiledHandy Mobility AidPage
05/17/18 - Reaching Assist
2 of 13Tool for Trash Pick Up, Litt…
Health, Household & Baby Care grabber
Deliver to Brendan EN Hello, Brendan 1

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Reacher Grabber by Vive - Rotating Grip - 32" Extra Long

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About the product

32” OF ADDED REACH: Pick-up items from the top shelf, floor, lawn or behind Premium bed wedge pillows that last
furniture. Save your back and avoid a stepping stool. Also great for picking up trash or
other items you don’t want to touch. Bed Wedge Pillow with Memory Foam
Top by Cushy Form - For Sleeping, ...
BUILT TO LAST: Updated 2017 internal mechanism is built from sautered steel wiring
to last for tens of thousands of pick ups. Can pick up items as large as 5 lbs. Rust-proof 344
frame will hold up to heavy duty outdoor use. $69.70
ROTATING & RUBBERIZED JAW: Jaw can rotate a full 360 degrees in 90 increments to
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be used both vertically and horizontally for hard to reach places like behind furniture
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RMS Deluxe 28" Long Dressing Stick | Ideal Dressing Aid for Shoes, Socks, Shirts and Pants) $14.95
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Product Description
Extra Long
Extra Long
32” OF ADDED REACH:
Pick-up items from the top shelf, floor, lawn or behind furniture. Save your back and avoid a stepping stool. Also great for picking up trash or other items you don’t
want to touch.
BUILT TO LAST:
Updated 2017 internal mechanism is built from sautered steel wiring to last for tens of thousands of pick ups. Can pick up items as large as 5 lbs. Rust-proof frame
will hold up to heavy duty outdoor use.
ROTATING & RUBBERIZED JAW:
Jaw can rotate a full 360 degrees in 90 increments to be used both vertically and horizontally for hard to reach places like behind furniture and appliances. Coated
with anti-slip material allowing you to lift slippery items like glass or smooth plastic bottles.
CONTOURED HANDLE AND TRIGGER:
Padded, anti-slip handle and contoured trigger matches the natural shape of your hand for comfortable, pain-free use. Especially important if using for extended
periods of time.
Product details
Item Weight: 9.9 ounces
Shipping Weight: 9.6 ounces (View shipping rates and policies)
ASIN: B00O47NWE6
UPC: 683405233466 798167983129
Item model number: CECOMINOD043103
Average Customer Review: 5,287 customer reviews
Amazon Best Sellers Rank: #266 in Health & Household (See Top 100 in Health & Household)
#1 in Health & Household > Medical Supplies & Equipment > Mobility & Daily Living Aids > Reaching Aids
#1 in Industrial & Scientific > Material Handling Products > Pulling & Lifting > Chain & Rope Fittings
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S. Brown
Read reviews that mention Perfect solution!

This Reacher Grabber is absolutely perfect! A must
items reach floor broke surgery picking bend for those who have reach or bending restrictions!
Published 52 minutes ago
grab grabbers handle bending picks paper
Kindle Customer
objects helpful rubber length useful behind
It doesn't lock on as tightly to things
as I would like for it to
Top customer reviews I have to admit, I bought this as a gag gift for my
fiance and we actually have ended up using it far
ComputerGuy more often than I thought we would. Read more
Published 1 hour ago
Mine broke
April 21, 2016
Thomas N Riley
Verified Purchase
Extra Long
Was nice while it lasted. It worked well for about 2 weeks and then it broke inside. The handle pulls on a wire One lasted on two uses before it
that is attached on those 2 fingers. But the part this cable is attached to is thin plastic and one of them broke broke
off. Now it is useless.Bought a full metal one now. That one can't break. I purchased 2. One broke the second time I used it.
So if you grab something and pull the grip too hard the tanker rips off and the grabber is broken. Not a good The other is still working.
design. Published 1 hour ago
**** UPDATE **** : The company Healthsource replied to my review in April 2016 and I did not see it until
C. Woodburn
yesterday (September). I contacted them and they could not have been nicer. They will refund my money
which I did not expect. These people are fantastic. Maybe I got a defective unit or it is just too flimsy. Cant
easy to use reacher
change my score of ** since I reviewed the grabber and not the company but I would buy again from this
I am 5'2" with tall kitchen and laundry room cabinets.
company. There are really great companies out there and they are one of them.
I haven't trusted this to anything breakable, but it
has already saved me from getting out a step ladder
Comment 257 people found this helpful. Was this review helpful to you? Yes No Report abuse
to reach the... Read more
G. Michael
This is a high-quality item. I love it. Darin Kemp

December 7, 2015
Great Grabber
Verified Purchase
Excellent product. I'm impressed with this grabbers
I just had major back surgery butI bought this before I went to the hospital because I still had trouble picking ability to pick up even the smallest of objects.
things up from the floor. This grabber is awesome. I really can't say enough good things about the strength yet Published 1 hour ago
delicate handling of this tool. I can pick up an 8 oz water bottle or a tiny piece of plastic trash the dog chewed
off a toy. It is 10 times better than the one the hospital sold me (see photo) and half the price! The only thing
it doesn't have is a hook to help remove my socks (see photo) but I can still grab my socks with the thick Michael J.
rubber claws. It is a durable, useful device I will always have near me. They could charge double and I would
Happy wife Happy
still recommend it.
Bought it for my wife to reach hard to reach places.
She loves it. Happy wife Happy Life
Martin
Five Stars
Works as designed to reach for small, simple objects.
Published 2 hours ago
Sn0wflakes
Mac
LOL I love this grabber
Great gripper, should have got one
March 27, 2017
along time ago.
Verified Purchase
Love the gripper, makes it so much easier to retrieve
I may never bend at the waist again!!! LOL I love this grabber. I have not tested it out to get things out of the things that are hard to reach, with out digging out a
cupboard. I didn't need it for that reason, I needed it to pick things off the floor. I was even able to pick up a step ladder.
dot of paper made by a hole punch. A dot of paper! And with ease too! I'm very pleased with this grabber. I do Published 2 hours ago
recommend it. The item arrived quickly too and was exactly as described.
Comment 98 people found this helpful. Was this review helpful to you? Yes No Report abuse Judy Kirkland
Five Stars
SnoopDani great pick up and grabber
Not as advertised
September 21, 2017
Verified Purchase yoopernet
This sucks! The reacher only extends 24 inches not the 32 stated. Also, the reacher does not lock when you
Five Stars
pick up items. These are the 2 reasons I bought this item. It's completely useless, and since I am disabled I
Hasn't broken for us yet. One year old with limited
cannot return this. Complete waste of my money. Very disappointed.
use
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L Jens
Extremely disappointed. Breaks easily!

December 1, 2017
Extra Long
Verified Purchase
I purchased this as I am not allowed to bend, twist, or lift anything over 5 lbs after a major spine surgery. Until
you go through something like this you don't realize how many things you drop in the course of a day and how
many things are now out of reach due to your limitations.
I loved it when it arrived - it would have been a good item if it did not break so easily and quickly. The slightest
pressure in a "wrong" direction causes the mechanism to pop out of place and it was impossible for me, my
husband or son to get it to pop back and function. Thinking it must have been something I I did wrong, I
naively ordered another one with the same sad results. :(
If you are having a surgery or are not just not as mobile as you used to be, purchse an 'RMS Grabber Reacher'
instead. You will be glad you did.
5 stars for Amazon customer service!
for the quickly giving me a refund.
Anon Ymous
LOVE mine, and bought a second one for my mom. Indispensible!

December 2, 2016
Verified Purchase
Update: Had this for almost a year now, and despite that I don't need to, I still use it pretty regularly.
Sometimes I'm lazy. Sometimes things are just behind furniture. All sorts of little stupid things that would've
been a pain or just annoying, aren't either anymore. I don't have a stepladder, so I've been using this whenever
I want to mess with something in the closet out of reach. There's been no change to the grip so far. I probably
use it a few times a week.
Ohhh my god, this thing is GREAT. I bought this because I'm not allowed to bend at all while I'm recovering
from my spinal surgery. I'm a very independent person and not being able to do basic things, like pick up pens
if I drop them, or do laundry, really would make me depressed. I'm happy to say that the only thing I haven't
been able to do with the grabber is snag a too-large ice cream out of the bottom drawer of the freezer.
The grabber is just the right size to feel natural. I'm very pleased with the grip, and as demonstrated in
another reviewer's video, using mechanical advantage to lift heavier objects does make a great difference.
This item gives me a lot of hope for when I get older. I have no plans to have kids, don't expect to get married,
and I don't want anyone taking care of me. My mother has had trouble bending due to chronic pain issues, so
See all 5,287 reviews
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Case 1:18-cv-10996 by VIVE Rotating
Document 1-4 Grip 32" Extra
Filed Long HandyPage
05/17/18 Mobility10
Aid of
| eBay
13
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Reacher Grabber by VIVE Rotating Grip 32" Extra Long Handy Mobility Aid
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SPONSORED SPONSORED SPONSORED SPONSORED 32" Blue Industrial Grabber Pick Up Tool
Reacher Grabber by Reacher Grabber by Reacher Grabber by Reacher Grabber by Heavy Duty Pick Up Reacher Reaching
Vive Rotating Grip 32" VIVE - Rotating Grip - Vive - Rotating Grip 32" Vive - Rotating Grip -
$15.35 $15.96
$31.49 $67.45 $31.17 $22.70 Free shipping Free shipping
Free shipping Free shipping Free shipping Free shipping Last one
Description Shipping and payments Report item
eBay item number: 282753067320
Seller assumes all responsibility for this listing.

Last updated on Apr 23, 2018 12:55:54 PDT View all revisions
Item specifics
Condition: New: A brand-new, unused, unopened, undamaged item Brand: VIVE
(including handmade items). See the seller's ... Read more
Model: CECOMINOD043103 MPN: LVA1003
UPC: 683405233466 ISBN: Does not apply
EAN: 0683405233466
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Mexico (NM), New York (NY), North Carolina (NC), North Dakota (ND), Ohio (OH), Oklahoma (OK), Pennsylvania (PA), Rhode Island (RI) South Carolina (SC),
South Dakota (SD), Tennessee (TN), Texas (TX), Utah (UT) Vermont (VT), Virginia (VA), Washington (WA), West Virginia (WV), Wisconsin (WI), Wyoming (WY).
Reacher Grabber by VIVE Rota ng Grip 32" Extra Long Handy Mobility
Aid Reaching Assist Tool for Trash Pick Up, Li er Picker, Garden Nabber,
Disabled, Arm Extension
Product Details:
Rota ng Reacher Grabber by Vive
Versa le assis ng grabber tool.
This reacher grabber by Vive is a handy, quality-cra ed tool designed to provide addi onal reach for anyone affected by limited
mobility At 2 6 feet in length it allows you to easily pick things up off of the ground or to finally access items stuck on that pesky top
4/23/2018 Case 1:18-cv-10996Reacher Grabber by VIVE Rotating
05/17/18 Mobility12
Aid of
| eBay
13
mobility. At 2.6 feet in length, it allows you to easily pick things up off of the ground or to finally access items stuck on that pesky top
shelf. Its anodized aluminum frame is thin enough to rescue items trapped behind furniture, while gripping rubber pincers ensure that
you are successful with each use.
This grabber is perfect for:
-picking up trash
-retrieving loose change
-grabbing out of reach items stuck in high places
-accessing hard to reach areas (i.e. behind/under furniture)
We stand by our products with excellent customer service and a life me warranty.
Product Features:
32" OF ADDED REACH: Pick-up items from the top shelf, floor, lawn or behind furniture. Save your back and avoid a stepping stool.
Also great for picking up trash or other items you don't want to touch.
BUILT TO LAST: Updated 2017 internal mechanism is built from sautered steel wiring to last for tens of thousands of pick ups. Can
pick up items as large as 5 lbs. Rust-proof frame will hold up to heavy duty outdoor use.
ROTATING & RUBBERIZED JAW: Jaw can rotate a full 360 degrees in 90 increments to be used both ver cally and horizontally for
hard to reach places like behind furniture and appliances. Coated with an -slip material allowing you to li slippery items like glass or
smooth plas c bo les.
CONTOURED HANDLE AND TRIGGER: Padded, an -slip handle and contoured trigger matches the natural shape of your hand for
comfortable, pain-free use. Especially important if using for extended periods of me.
LIFETIME GUARANTEE: Your reacher grabber is backed by an uncondi onal life me guarantee. Order now with confidence.
Product Specifica ons:

Brand: VIVE
Model: CECOMINOD043103
Manufacture Part Number: LVA1003
UPC: 683405233466
Why Choose The Honey Roasted Peanut?
Factory Direct Fast and Free Shipping Commitment

Have peace of mind knowing that your You're already purchasing the item. We are commi ed to making sure that
order will arrive brand new in its Why pay addi onal for shipping, you leave this transac on sa sfied.
original factory sealed packaging. That especially slow shipping? It starts with That means having access to real
means that you'll have the full force of ge ng your order shipped out within people that get your ques ons and
the manufacture warranty to protect one business day and to your concerns answered quickly. Give us a
your purchase. doorstep quickly with expedited shot and we will make sure that you
shipping. will look to us again!
The Honey Roasted Peanut - Your source for the best deals!
Ratings and Reviews Write a review
4.8
5 21
4 4
100% 100% 100%
3 0
2 0
1 0 Would recommend Good value Good quality
25 product ratings
05/17/18 Mobility13
Aid of
| eBay
13
Most relevant reviews See all 18 reviews
Hip surgery
by tommytrucker
A must if you are having Hip surgery and I would buy two as you need the second one when you drop first one on floor. also
Apr 21, 2018
used it to help on dressing myself
just loved it and made good
Verified purchase: Yes | Condition: New | Sold by: sharoni-shops
(0) (0)
Impressed.
by hem3843_xcygs4e
Because of medical issues I cannot bend over to pick up items. I keep this grabber in my computer room and use it to retrieve
Aug 16, 2017
items I have dropped. I am impressed with how easily it will grab small, flat objects on the floor such as coins, single sheets of
notepad paper, and other small items. It is fairly well constructed, especially when compared to the $5.00 - $10.00 grabbers,
which for me only lasted several months before they failed.
(0) (0)
Nice!
by cwedding1
So much better than the cheaper kind I had bought previously! They don't get stuck, flop around, drop items, bend in the middle
Sep 20, 2016
from broken plastic plug... Wish I had seen these first! They can pick up small things, bigger things, and hold on well. I really
like them. They come in so handy!
Verified purchase: Yes | Condition: New | Sold by: healthsourceusa
(1) (0)
good tool for us

by 99superdealshop
just as described Thanks
Apr 09, 2018
Verified purchase: Yes | Condition: New | Sold by: thehoneyroasted...
(0) (0)
What a great helper! Well made

by tickletoetoe
Apr 19, 2018 (0) (0)
Back to search results | See More Details about "Reacher GRABBER by Vive Rotating Grip 32in Extra Long ..." Return to top
More to explore : Reachers & Grabbers, Outdoor Reachers & Grabbers, Duro-Med Reachers & Grabbers, Sammons Preston Reachers & Grabbers,
Unbranded Foldable Reachers & Grabbers, Unbranded Reachers & Grabbers
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Exhibit E
August 21, 2017
Via First Class Mail
Vive Health
8955 Fontana Del Sol Way
Naples, FL 34109
Re: United States Design Patent Nos. D788,556 & D781,120
We represent The Helping Hand Company (Ledbury) Limited (herein after

“Helping Hand”) in its United States intellectual property matters. Please be advised that
Helping Hand is the legal owner of U.S. Design Patent Nos. D788,556 and D781,120 (Ex.
1 and 2). We write to you on Helping Hand's behalf to bring to your attention serious
concerns. It has come to Helping Hand's attention that Vive Health ("Vive") manufactures
at least one product (shown in various comparison photos below) advertised at your
https://www.vivehealth.com website as well as Amazon.com, eBay, and other outlets as
Rotating Reacher Grabber ("Vive Product")
Helping Hand U.S. Design Patent No. D788,556 Rights
Helping Hand owns U.S. Design Patent No. D788,556 directed to the ornamental
design in a bilateral mechanism. We note your Vive Product incorporates design elements
at the very least strikingly similar to those represented and covered by Helping Hand's
design patent.
The following is a comparison of top views of the Vive Product (left) and the D'556
design (Fig. 5) (right):
The similarity between the Vive Product and the ornamental design of the D'556
patent is unmistakable and striking and can only be the result of intentional copying as the
design elements serve no functional purpose.
The following is a comparison of the isometric view of the Vive Product (left) and
the D'556 patent (Fig. 1) (right):
We ask you to provide and explanation, if any, distinguishing the Vive Product
from the ornamental design covered by the D'556 patent.
Helping Hand U.S. Design Patent No. D781,120 Rights
Helping Hand owns U.S. Design Patent No. D781,120 directed to the ornamental
design in a bilateral claw. We note your Vive Product incorporates design elements at the
very least strikingly similar to those represented and covered by Helping Hand's design
patent.
The following is a comparison of views of the inner claw portion of the Vive
Product (left) and the D'120 design (Fig. 4) (right):
The following is a comparison of views of the claw portion of the Vive Product
(left) and the D'120 design (Fig. 7) (right):
2
We ask you to provide and explanation, if any, distinguishing the Vive Product
from the ornamental design covered by the D'120 patent.
Damages
In the United States patentees may recover from infringers under a number of
theories the least of which is a reasonable royalty. However, lost profits are a more
appropriate basis for determining injury and to the extent Vive was aware of Helping
Hand's patent rights and willfully infringed same, U.S. patent laws allow recovery of
attorney fees and enhanced damages of up to three-times the actual damages. At least one
Vive Amazon listing implies that Vive has sold at least 2,424 Vive products at a sales price
of $14.99 for a total of at least $36,335.00 of infringing goods. See
https://www.amazon.com/Reacher-Grabber-VIVE-Rotating-Extension/dp/B00O47NWE6
Conclusion
Our client wanted to provide you adequate notice of these rights and potential issues
before you invested more time and money into your Rotating Reacher Grabber product.
We request that you examine the attached patents and inform us as to how you plan to
proceed with your Rotating Reacher Grabber product.
Our client is very interested in protecting its rights and would like to prevent any
potential market interference or other issues before it is too late, therefore, please get back
to me in regard to your intentions within twenty (20) days.
This letter is not intended to be a complete recitation of our client’s rights. We look
forward to your timely response.
Very Truly Yours,
Brendan M. Shortell
LAMBERT & ASSOCIATES
92 State Street, Suite 200
Boston, MA 02109
main: 617-720-0091
fax: 617-720-6307
shortell@lambertpatentlaw.com
3
Case
Exhibit 1 1:18-cv-10996 Document 1-5 Filed 05/17/18 Page 5 of 12
Exhibit
Case2 1:18-cv-10996 Document 1-5 Filed 05/17/18 Page 10 of 12
Exhibit F
Gregory S. Gewirtz
908.518.6343
ggewirtz@lernerdavid.com
September 26, 2017
VIA EMAIL (shortell@lambertpatentlaw.com)

Brendan M. Shortell, Esq.
LAMBERT & ASSOCIATES
92 State Street, Suite 200
Boston, MA 02109
Re: U.S. Design Patent Nos. D788,556 & D781,120

Our Ref.: VIVE 4.0-001
Dear Mr. Shortell:
We represent Vive Health and write in response to your letter of August 21, 2017. We
are completing our review of Helping Hand’s allegations that Vive’s reacher product, which you
identified as the “Vive Product,” infringes the claims of Helping Hand’s U.S. Design Patent Nos.
D788,556 and D781,120.
We expect to complete our review shortly and will provide a substantive response by
October 6, 2017. Please do not hesitate to contact me if you should have any questions in the
meantime.
Sincerely,
LERNER, DAVID, LITTENBERG,
KRUMHOLZ & MENTLIK, LLP
GREGORY S. GEWIRTZ
GSG/uhw
5156580_1.docx
Exhibit G
4/18/2018 Tru-Grip MAX1-7
Case 1:18-cv-10996 Document Reacher | Helping
Filed Hand USA Page 2 of 5
05/17/18
0 items
Call Customer Service (781) 436-5941 New Customer Registration Login in cart $0.00
Home About Us Online Shop F.A.Q. News & Events Our Brands Downloads Contact
All Products Tru-Grip MAX Reacher

Reachers Posted on November 18, 2013 by caitlin in with 1 Comment
Dressing From: $31.95

Hip Kits With all the features of the Tru-Grip PRO – but with the
versatility of a lockable jaw!
Sock Aids
Available in two lengths, and with a rotating head, Gripcert
Shoe Horn
jaw and NEW! Gel handle the Tru-Grip MAX is
Dressing Stick unsurpassed in delivering a flexible, comfortable option for
those everyday reaching tasks.
Reachers
And with a lockable trigger – picking-up those hard-to-
Bathing reach items couldn’t be easier.
Sponges Lifetime Guarantee
Leg-Up
Dimension Standard (26")
Hip Kits
Long (32")
Reachers
1
You can place an order
online, email, or call us at
(781) 436-5941.
SKU: REACHERS Categories: Reachers, Reachers Tag:
new
Key Features Additional information
•26”/65cm HU8326
•32”/82cm HU8332
•Available individually bagged or with full retail merchandising
Related products
https://helpinghand.us.com/shop/tru-grip-max-reacher/ 1/2
4/18/2018 Tru-Grip MAX1-7
Case 1:18-cv-10996 Document Reacher | Helping
Filed Hand USA Page 3 of 5
05/17/18
Tru-Grip PRO Arthri Grip Pro
From: $25.95 From: $27.95
Select options Select options
One comment on “Tru-Grip MAX Reacher”
Virginia Marciano on February 5, 2018 at 8:26 am said:
I purchased a Tru-Grip Pro Reacher after a knee replacement. It was very helpful as I regained my
mobility. I continue to use it as a safety device, reaching articles without twisting or standing on stools and
chairs. I would highly recommend this product to anyone interested in safety.
Reply
Leave a reply
Your email address will not be published. Required fields are marked *
Comment*
Name *
Email *
Website
Post Comment
About Helping Hand USA Company Divisions Account Information Social Media Secure Online Payments
About Us Aids to Daily Living My Account
Testimonials Pressure Management Checkout
Our Brands Litterpickers Track your order
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© 2012 - 2017 Helping Hand USA. All rights reserved. Powered by Webstudio Boston
https://helpinghand.us.com/shop/tru-grip-max-reacher/ 2/2
4/18/2018 Tru-Grip1-7
Case 1:18-cv-10996 Document PRO | Helping
Filed Hand USA
05/17/18 Page 4 of 5
0 items
Call Customer Service (781) 436-5941 New Customer Registration Login in cart $0.00
Home About Us Online Shop F.A.Q. News & Events Our Brands Downloads Contact
All Products Tru-Grip PRO

Reachers Posted on November 19, 2013 by essentials in with 0 Comments
Dressing From: $25.95

Hip Kits All the benefits of our Tru-Grip reacher but with added
features to increase flexibility and improve function:
Sock Aids
• Handle includes Gripcert technology as standard – the
Shoe Horn
Tru Grip PRO delivers improved comfort and a secure grip
Dressing Stick • Hooked trigger increases function for those with reduced
mobility
Reachers • Lifetime Guarantee
Bathing
Dimension Standard (26")
Sponges
Long (32")
Leg-Up
Hip Kits 1
Reachers
SKU: REACHERS Categories: Reachers, Reachers
You can place an order
online, email, or call us at
(781) 436-5941.
Key Features Additional information
•26”/65cm HU8226 (was HA8210)

•32”/82cm HU8232 (was HA8220)
•Available individually bagged or with full retail merchandising
Additional information
Dimension
Related products
https://helpinghand.us.com/shop/tru-grip/ 1/2
4/18/2018 Tru-Grip1-7
Case 1:18-cv-10996 Document PRO | Helping
Filed Hand USA
05/17/18 Page 5 of 5
Arthri Grip Pro Classic Pro Folding
From: $27.95 Reacher
From: $25.95
Select options
From: $options
Select 20.21
Leave a reply
Your email address will not be published. Required fields are marked *
Comment*
Name *
Email *
Website
Post Comment
About Helping Hand USA Company Divisions Account Information Social Media Secure Online Payments
About Us Aids to Daily Living My Account
Testimonials Pressure Management Checkout
Our Brands Litterpickers Track your order
F.A.Q. SymmetriKit
Contact Us
© 2012 - 2017 Helping Hand USA. All rights reserved. Powered by Webstudio Boston
https://helpinghand.us.com/shop/tru-grip/ 2/2
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1. Title of case (name of first party on each side only)

The Helping Hand Company (Ledbury) Limited v. Vive Health, LLC
2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
rule 40.1(a)(1)).
✔ I. 410, 441, 470, 535, 830*, 835*, 891, 893, 895, R.23, REGARDLESS OF NATURE OF SUIT.
II. 110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442, 443, 445, 446, 448, 710, 720,
740, 790, 820*, 840*, 850, 870, 871.
III. 120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 367, 368, 375, 376, 385,
400, 422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 625, 690, 751, 791, 861-865, 890, 896,
899, 950.
*Also complete AO 120 or AO 121. for patent, trademark or copyright cases.
3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this
district please indicate the title and number of the first filed case in this court.
4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES 9 NO 9✔
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC
§2403)
YES 9 NO ✔
9
If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?
YES 9 NO ✔
9
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?
YES 9 NO 9
✔
7. Do all of the parties in this action, excluding governmental agencies of the United States and the Commonwealth of
Massachusetts (“governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).
YES 9 NO 9✔
A. If yes, in which division do all of the non-governmental parties reside?
Eastern Division 9 Central Division 9 Western Division 9

B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,
residing in Massachusetts reside?
Eastern Division 9✔ Central Division 9 Western Division 9

8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,
submit a separate sheet identifying the motions)
YES 9 NO 9
(PLEASE TYPE OR PRINT)
ATTORNEY'S NAME /s/ Brendan M. Shortell
ADDRESS 92 State Street, Suite 200, Boston, MA 02109
TELEPHONE NO. 6177200091
(CategoryForm6-2017.wpd )
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

The Helping Hand Company (Ledbury) Limited Vive Health, LLC
(b) County of Residence of First Listed Plaintiff Herefordshire, England County of Residence of First Listed Defendant Collier County, Florida
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Lambert & Associates

92 State Street, Suite 200, Boston, MA 02109
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. §§ 271, 281, 283, 284, and 285
VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
05/10/2018 /s/ Brendan M. Shortell
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

The Helping Hand Company v. Vive Health - Complaint

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Case 1:18-cv-10996 Document 1 Filed 05/17/18 Page 1 of 10

UNITED STATES DISTRICT COURT

THE HELPING HAND COMPANY )

COMPLAINT and Jury Demand

business at Bromyard Road Industrial Estate, Ledbury HR8 1NS, UK.

place of business is at 31 Porter Street, Stoughton, MA 02072

JURISDICTION AND VENUE

284, and 285.

over the pendent state law claims pursuant to 28 U.S.C. §1367(a).

advertisements through online retailers, such as Amazon, surely communicated to prospective

has, and continues to, solicit business in the Commonwealth

8. Venue is proper in this Court pursuant to 28 U.S.C. §§1391and 1400.

HELPING HAND’S PATENT PORTFOLIO

A. U.S. Patent No. D788,556 Patent

“Bilateral Mechanism”, to which the USPTO assigned Application No. 29/498,392.

“’D556 Patent”) on June 6, 2017. Exhibit A.

interest in the ’D556 Patent.

B. U.S. Patent No. D781,120 Patent

“Bilateral Claw”, to which the USPTO assigned Application No. 29/496,772.

“’D120 Patent”) on March 14, 2017. Exhibit B.

interest in the ’D120 Patent.

THE ACCUSED PRODUCT

United States hand-operated reaching devices, including, without limitation, a hand-operated

without a license to do so.

Massachusetts) via their website https://www.vivehealth.com website as well as Amazon.com,

eBay, and other outlets. Exhibit D.

Hand’s Notice Letter”). Exhibit E.

INFRINGEMENT OF THE D’556 PATENT

ornamental design in a bilateral mechanism as compared with the Accused Product.

Patent is unmistakable and striking.

the grabber are identical in design and texture.

the D'556 Patent.

INFRINGEMENT OF THE D’120 PATENT

ornamental design in a bilateral claw as compared with the Accused Product.

the Accused Product:

Patent is unmistakable and striking.

identical in design and texture.

the D'120 Patent.

HELPING HAND’S COMMERICAL EMBODIMENT

D'556 and D'120 Patents. Exhibit G.

both of its patent numbers no later than 2017.

VIVE’S UNFAIR TRADE PRACTICES

paragraphs 1-43 and incorporates them herein by reference.

United States in violation of 35 U.S.C. § 271.

to sell, and importation of the Accused Product.

injunctive relief under 35 U.S.C. §283.

paragraphs 1-50 and incorporates them herein by reference.

United States in violation of 35 U.S.C. § 271.

sell, and importation of the Accused Product.

permanent injunctive relief under 35 U.S.C. §283.

paragraphs 1-59 and incorporates them herein by reference.

intentional and wrongful acts.

Plaintiff demands a trial by jury on all claims so triable.

PRAYER FOR RELIEF

WHEREFORE, as relief, Helping Hand respectfully prays for a judgment against

and ‘D556 Patents;

further acts of infringement of Helping Hand’s ‘D120 and ‘D556 Patents;

E. Declaring this to be an "exceptional" case within the meaning of 35 U.S.C. §285,

as well as pre-judgment and post judgment interests; and,

Dated: May 17, 2018 Respectfully Submitted,

By: /s/ Brendan M. Shortell

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