Telebrands v. Nite Ize - Complaint

Case 2:18-cv-15336 Document 1 Filed 10/25/18 Page 1 of 28 PageID: 1
Liza M. Walsh
Hector D. Ruiz
Katelyn O’Reilly
Joseph L. Linares
Walsh Pizzi O’Reilly Falanga LLP
One Riverfront Plaza
1037 Raymond Boulevard, Suite 600
Newark, New Jersey 07102
Tel.: (973) 757-1100
Fax: (973) 757-1090
Tonia A. Sayour
COOPER & DUNHAM LLP
30 Rockefeller Plaza
New York, New York 10112
Tel.: (212) 278-0400
Fax: (212) 391-0525
Attorneys for Plaintiff Telebrands Corp.

(additional counsel listed on signature page)
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
TELEBRANDS CORP., ) Civil Action No. _______________

)
Plaintiff, ) JURY TRIAL DEMANDED
)
v. )
)
NITE IZE, INC., )
)
Defendant. )
)
COMPLAINT
Plaintiff Telebrands Corp. (“Telebrands”), by and through its attorneys, for its Complaint
against defendant Nite Ize, Inc. (“Nite Ize”), hereby alleges as follows:
NATURE OF ACTION
1. This is an action for a declaratory judgment that no claim of U.S. Patent Nos.
8,602,376 (the “’376 Patent”), 8,870,146 (the “’146 Patent”), 9,765,921 (the “’921 Patent”),
10,036,507 (the “’507 Patent”), 10,066,779 (the “’779 Patent”), D719,959 (the “D’959 Patent”) and
D734,746 (the “D’746 Patent”) (collectively, the “Nite Ize Patents”), assigned to Nite Ize, is
infringed by products being marketed by Telebrands under the trademark FASTBALL.
PARTIES
2. Plaintiff Telebrands is a corporation organized and existing under the laws of the
State of New Jersey, having a place of business at 79 Two Bridges Road, Fairfield, New Jersey
07004.
3. On information and belief, Nite Ize is a Colorado corporation that has a place of
business at 5660 Central Avenue, Boulder, Colorado 80301. On information and belief, Nite Ize is
doing business throughout the United States and within the State of New Jersey, and within this
Judicial District.
JURISDICTION AND VENUE
4. These claims arise under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202,
et seq., and the Patent Laws of the United States, Title 35 of the United States Code, 35 U.S.C. § 1,
et seq. Based on the allegations set forth herein, there is an actual and justiciable controversy between
Telebrands and Defendant regarding the non-infringement of the Nite Ize Patents.
5. Jurisdiction of this Court is founded on 28 U.S.C. §§ 1331, 1338, and 2201-02.
6. Venue is proper within this Judicial District under 28 U.S.C. Sections 1391(b) and
(c).
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7. On information and belief, Nite Ize regularly transacts and/or solicits business within
this Judicial District and has purposefully availed itself of the privilege of conducting business in
this Judicial District. On information and belief, Nite Ize regularly sells and offers for sale products
within this Judicial District over the Internet and through retailers. On information and belief, Nite
Ize sells and has sold its products with the knowledge that a substantial number of them will be sold
and offered for sale in the State of New Jersey. Nite Ize also has sent a cease and desist letter to
Telebrands in this Judicial District with respect to the prior version of the FASTBALL Product.
BACKGROUND
8. Telebrands is a direct marketing company and is engaged in the business of marketing
and selling a wide variety of consumer products in this Judicial District and elsewhere, through direct
response advertising, catalogue, mail order, and Internet sales, and through national retail stores.
9. For over thirty years, Telebrands has been a leading developer and marketer of
consumer products. Telebrands is widely known through the retail industry for its success in driving
retail sales through its nationwide advertising programs. For many years, Telebrands has expended
enormous human and financial resources in cultivating relationships with a wide variety of retailers,
e.g., large retail chains, catalogs, and retail websites, which buy its products.
10. On December 10, 2013, the ’376 Patent, entitled “Multi-Positional Mount for
Personal Electronic Devices with a Magnetic Interface,” issued to Nite Ize. The ’376 Patent is a
utility patent that was filed on May 31, 2012 and claims priority from U.S. Provisional Application
Serial No. 61/491,640, which was filed on May 31, 2011. The ’376 Patent includes three
independent claims and nine dependent claims. The ’376 Patent is attached as Exhibit 1.
11. On October 28, 2014, the ’146 Patent, entitled “Multi-Positional Mount for Personal
Electronic Devices with a Magnetic Interface,” issued to Nite Ize. The ’146 Patent is a continuation
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of the ’376 Patent. The ’146 Patent includes three independent claims and fifteen dependent claims.
The ’146 Patent is attached as Exhibit 2.
12. On September 19, 2017, the ’921 Patent, entitled “Multi-Positional Mount for
Personal Electronic Devices with a Magnetic Interface,” issued to Nite Ize. The ’921 Patent is a
continuation of the ’146 Patent. The ’921 Patent includes three independent claims and eleven
dependent claims. The ’921 Patent is attached as Exhibit 3.
13. On July 31, 2018, the ’507 Patent, entitled “Multi-Positional Mount for Personal
Electronic Devices with a Magnetic Interface,” issued to Nite Ize. The ’507 Patent is a continuation
of the ’779 Patent. The ’507 Patent includes three independent claims and sixteen dependent claims.
The ’507 Patent is attached as Exhibit 4.
14. On September 4, 2018, the ’779 Patent, entitled “Multi-Positional Mount for Personal
Electronic Devices with a Magnetic Interface” issued to Nite Ize. The ’779 Patent is a continuation
of the ’921 Patent. The ’779 Patent includes four independent claims and ten dependent claims. The
’779 Patent is attached as Exhibit 5.
15. On December 23, 2014, the D’959 Patent, entitled “Large Socket,” issued to Nite Ize.
The D’959 Patent is a design patent that was filed on January 14, 2013 and is a continuation-in-part
of the ’376 Patent. The claim of the D’959 Patent is purportedly directed to the ornamental design
for a large socket. The D’959 Patent is attached as Exhibit 6.
16. On July 21, 2015, the D’746 Patent, entitled “Phone Kit,” issued to Nite Ize. The
D’746 Patent is design patent that was filed on January 14, 2013 and is a continuation-in-part of the
’376 Patent. The claim of the D’746 Patent is purportedly directed to the ornamental design for a
phone kit. The D’746 Patent is attached as Exhibit 7.
17. On May 24, 2018, counsel for Nite Ize sent Telebrands a cease and desist letter,
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alleging that Telebrands’ FASTBALL Product infringed at least one claim of the ’921 Patent, the
’146 Patent, the ’376 Patent, the D’959 Patent, and the D’746 Patent.
18. Because Defendant has asserted in a cease and desist letter that a prior version of the
FASTBALL Product infringes at least one of the Nite Ize Patents, there is a substantial controversy
between Telebrands and Defendant, whose legal interests are adverse and of sufficient immediacy
and reality to warrant the issuance of a declaratory judgment as to whether Telebrands’ FASTBALL
Product infringes the Nite Ize Patents.
19. Nite Ize sells multiple cellphone-mounting products under the name Steelie.
20. Steelie and the FASTBALL Product are competing products.
21. Both parties sell and/or have sold the foregoing products to retailer customers in the
State of New Jersey, which, in turn, sell and/or have sold the foregoing products to consumers
throughout the State of New Jersey.
22. Mr. Frank Vogel (“Vogel”) is named as an inventor on each of the Nite Ize Patents.
Mr. Paul Turner (“Turner”) is named as an inventor on the ’376 Patent, the ’146 Patent, the ’921
Patent, the ’507 Patent, and the ’779 Patent. On information and belief, Vogel and Turner assigned
their rights in each patent to Nite Ize.
23. Telebrands marketed a magnetic phone mount product that it advertised under the
trademark FASTBALL in or around May 2018. That version of the FASTBALL product was the
subject of a cease and desist letter that Defendant sent Telebrands. No sales were made of the
Product, and the advertising was discontinued. Telebrands re-designed the Product and will
imminently launch the Product under the same trademark FASTBALL.
24. The re-designed FASTBALL Product employs a conventional two-part ball and
socket type mechanism. The first part includes a spherical component with frictional portions
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arranged about its surface and a rectangular base with curved sides. The second piece includes a
concave magnet formed of a single-piece of magnetic material coupled to a rectangular base with
curved sides. The FASTBALL Product does not infringe any claim of any of the Nite Ize Patents.
25. The independent claims of ’376 Patent, i.e., claims 1, 11, and 12, each requires
numerous limitations that are missing from the FASTBALL Product. For example, independent
claim 1 recites, inter alia, “a second surface having a front surface, said front surface having an
indentation, said indentation capable of receiving said curved end of said first section and being of
a size which can encompass a portion, but less than the whole diameter, of said curved end of said
first section, said second section having magnetic material capable of holding said first and said
second sections together, wherein the second section includes a first piece of high-friction
elastomeric material, the first piece of high-friction elastomeric material disposed of in the
indentation of said second section…” (emphasis added).
26. At the very least, the FASTBALL Product does not include “a first piece of high-
friction elastomeric material, the first piece of high-friction elastomeric material disposed of in the
indentation of said second section,” as recited in independent claim 1 of the ’376 Patent.
Accordingly, since the FASTBALL Product does not include each and every element of independent
claim 1, the FASTBALL Product does not infringe independent claim 1, or the claims that depend
therefrom, literally or under the doctrine of equivalents.
27. Independent claim 11 of the ’376 Patent recites, inter alia, “a second section having
a front surface, said front surface having an indentation, said indentation capable of receiving said
curved end of said first section and being of a size which can encompass a portion, but less than the
whole diameter, of said curved end of said first section, said second section having magnetic material
capable of holding said first and said second sections together, wherein the second section includes
5
a first piece of high-friction elastomeric material, the first piece of high-friction elastomeric
material disposed of in the indentation of said second section …” (emphasis added).
31. The independent claims of the ’146 Patent, i.e. claims 1, 11, and 12, each requires
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claim 1 recites, inter alia, “a second surface having a front surface, said front surface having an
first section, said second section having magnetic material capable of holding said first and said
second sections together, wherein the second section includes a first piece of high-friction
elastomeric material, the first piece of high-friction elastomeric material disposed of in the
indentation of said second section…” (emphasis added).
material disposed of in the indentation of said second section…” (emphasis added).
7
claim 1 recites, inter alia, “a second section having a first surface, said first surface having an
indentation, said indentation having a curved shape, said second section having magnetic material
holding the first and second sections together, the magnetic material of the second section
surrounding the curved surface when the first and second sections are together, wherein the magnetic
material of the second section that holds said first and said second sections together has a ring shape,
8
the indentation being in a center of the ring shape, wherein the second section includes a first piece
of high-friction material, the first piece of high-friction material disposed of in the indentation of
said second section…” (emphasis added).
friction material, the first piece of high-friction material disposed of in the indentation of said second
section,” as recited in independent claim 1 of the ’921 Patent. Accordingly, since the FASTBALL
Product does not include each and every element of independent claim 1, the FASTBALL Product
does not infringe independent claim 1, or the claims that depend therefrom, literally or under the
doctrine of equivalents.
39. Independent claim 2 of the ’921 Patent recites, inter alia, “a second section having a
first surface, said first surface having an indentation, said indentation having a curved shape
complementary to the curved surface of said first section, said second section constructed of
magnetic material holding the first and second sections together, the magnetic material of the second
section surrounding the curved surface when the first and second sections are together, wherein the
magnetic material of the second section has a ring shape, wherein the second section includes a
friction producing material, the friction producing material disposed of in the indentation of said
second section …” (emphasis added).
40. At the very least, the FASTBALL Product does not include a ring-shaped magnetic
material or “a friction producing material, the friction producing material disposed of in the
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first surface, said first surface having an indentation, said indentation having a curved shape, said
second section comprised of magnetic material holding the first and second sections together, the
magnetic material of the second section surrounding the curved surface when the first and second
sections are together, the magnetic material of the second section including the indentation and the
first surface, wherein the second section includes a material creating friction, the material creating
friction disposed of in the indentation of said second section and the magnetic material positioned
such that the magnetic material of the second section radially surrounds the material creating
friction.” (emphasis added).
42. At the very least, the FASTBALL Product does not include “a material creating
friction, the material creating friction disposed of in the indentation of said second section and the
magnetic material positioned such that the magnetic material of the second section radially surrounds
the material creating friction,” as recited in independent claim 5 of the ’921 Patent. Accordingly,
since the FASTBALL Product does not include each and every element of independent claim 5, the
FASTBALL Product does not infringe independent claim 5, or the claims that depend therefrom,
literally or under the doctrine of equivalents.
claim 1 recites, inter alia, “a second section having a front surface, said front surface having an
first section, said second section having a second magnetic material capable of holding said first and
said second sections together, wherein the second section includes a first piece of friction
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producing material, the friction producing material on an outer contact surface of the second
section, adjacent to the second magnetic material and further from a center point of the
indentation than the second magnetic material.…” (emphasis added).
44. At the very least, the FASTBALL Product does not include “a first piece of friction
producing material, the friction producing material on an outer contact surface of the second section,
adjacent to the second magnetic material and further from a center point of the indentation than the
second magnetic material,” as recited in independent claim 1 of the ’507 Patent. Accordingly, since
the FASTBALL Product does not include each and every element of independent claim 1, the
FASTBALL Product does not infringe independent claim 1, or the claims that depend therefrom,
literally or under the doctrine of equivalents.
front surface, said front surface having an indentation, said indentation capable of receiving said
whole diameter, of said curved end of said first section, said second section having a second
magnetic material capable of holding said first and said second sections together, wherein the
second section includes a first piece of friction producing material, the friction producing material
on an outer contact surface of the second section, having a ring shape adjacent to the second
magnetic material.” (emphasis added).
having a ring shape adjacent to the second magnetic material,” as recited in independent claim 7 the
’507 Patent. Accordingly, since the FASTBALL Product does not include each and every element
of independent claim 7, the FASTBALL Product does not infringe independent claim 7, or the claims
11
that depend therefrom, literally or under the doctrine of equivalents.
whole diameter, of said curved end of said first section, said second section having a second
magnetic material capable of holding said first and said second sections together, wherein the
second section includes a first piece of friction producing material, the friction producing material
on an outer contact surface of the second section, surrounding the second magnetic material.”
(emphasis added).
surrounding the second magnetic material,” as recited in independent claim 12 of the ’507 Patent.
49. The independent claims of the ’779 Patent, i.e. claims 1, 5, 8 and 11, each requires
claim 1 recites, inter alia, “a first section shaped on one end with a curved surface, the entirety of
said curved surface of said first section constructed of a first magnetic material …” and “a second
section having a front surface, said second section having a second magnetic material holding the
first and second sections together, the second magnetic material of the second section holds said
first and said second sections together has a ring shape surrounding a portion of the curved
surface when the first and second sections are together, wherein the front surface having an
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indentation defined by said ring shape…” (emphasis added).
50. At the very least, the FASTBALL Product does not include “a first section shaped on
one end with a curved surface, the entirety of said curved surface of said first section constructed of
a first magnetic material. …” and “a second section having a front surface, said second section
having a second magnetic material holding the first and second sections together, the second
magnetic material of the second section holds said first and said second sections together has a ring
shape surrounding a portion of the curved surface when the first and second sections are together,
wherein the front surface having an indentation defined by said ring shape,” as recited in claim 1 of
the ’779 Patent. Accordingly, since the FASTBALL Product does not include each and every
element of independent claim 1, the FASTBALL Product does not infringe independent claim 1, or
the claims that depend therefrom, literally or under the doctrine of equivalents.
51. Independent claim 5 of the ’779 Patent recites, inter alia, “a first section shaped on
one end with a curved surface, the entirety of said curved surface of said first section constructed
of a first magnetic material…” and “a second section having a front surface, and an opposing flat
rear surface, said second section having a ring shape and surrounding, in a radial fashion, at least
a portion of the curved surface when the first and second sections are together, wherein the front
surface having an indentation defined by the ring shape…” (emphasis added).
a first magnetic material…” and “a second section having a front surface, and an opposing flat rear
surface, said second section having a ring shape and surrounding, in a radial fashion, at least a portion
of the curved surface when the first and second sections are together, wherein the front surface
having an indentation defined by the ring shape,” as recited in claim 5 of the ’779 Patent.
13
53. Independent claim 8 of the ’779 Patent recites, inter alia, “a first section shaped on
one end with a curved surface, the entirety of said curved surface of said first section constructed
of a first magnetic material…” and “a second section having a front surface, the front surface having
an indentation, said indentation receiving said curved end of said first section and encompassing a
portion, but less than the whole diameter, of said curved surface of said first section, said second
section having a second magnetic material configured to securely attach to the first section through
magnetic interaction of the curved surface of the first section with the indentation on the front surface
of the second section, wherein the second magnetic material of the second section that holds said
first and said second sections together has a ring shape surrounding, in a radial fashion, at least
a portion of the curved surface when the first and second sections are together…” (emphasis
added).
a first magnetic material…” and “a second section having a front surface, the front surface having
an indentation, said indentation receiving said curved end of said first section and encompassing a
portion, but less than the whole diameter, of said curved surface of said first section, said second
section having a second magnetic material configured to securely attach to the first section through
magnetic interaction of the curved surface of the first section with the indentation on the front surface
of the second section, wherein the second magnetic material of the second section that holds said
first and said second sections together has a ring shape surrounding, in a radial fashion, at least a
14
portion of the curved surface when the first and second sections are together,” as recited in claim 8
of the ’779 Patent. Accordingly, since the FASTBALL Product does not include each and every
element of independent claim 8, the FASTBALL Product does not infringe independent claim 8, or
the claims that depend therefrom, literally or under the doctrine of equivalents.
55. Independent claim 11 of the ’779 Patent recites, inter alia, “a second section with a
generally curved shape and constructed of a second magnetic material, the second section including
a front surface having an indentation to accept the curved end of the first section and a back surface
that is attachable an object selected from the group consisting of a surface of the device and a
protective cover of the device, the first and second sections securely attached through magnetic
interaction of the curved end of the first section, the entirety of which curved end is composed of
a first magnetic material, and the indentation on the front surface of the second section, wherein
the second magnetic material of the second section that holds said first and said second sections
together has a ring shape that surrounds the curved surface when the first and second sections
are together the second magnetic material having the ring shape that defines the indentation and
is opposite the curved surface of the first section and protruding from the front surface of the second
section.” (emphasis added).
56. At the very least, the FASTBALL Product does not include “a second section with a
generally curved shape and constructed of a second magnetic material, the second section including
a front surface having an indentation to accept the curved end of the first section and a back surface
that is attachable an object selected from the group consisting of a surface of the device and a
protective cover of the device, the first and second sections securely attached through magnetic
interaction of the curved end of the first section, the entirety of which curved end is composed of a
first magnetic material, and the indentation on the front surface of the second section, wherein the
15
second magnetic material of the second section that holds said first and said second sections together
has a ring shape that surrounds the curved surface when the first and second sections are together
the second magnetic material having the ring shape that defines the indentation and is opposite the
curved surface of the first section and protruding from the front surface of the second section,” as
recited in claim 11 of the ’779 Patent. Accordingly, since the FASTBALL Product does not include
each and every element of independent claim 11, the FASTBALL Product does not infringe
independent claim 11, or the claims that depend therefrom, literally or under the doctrine of
equivalents.
57. The FASTBALL Product does not infringe the claim of the D’959 Patent. The claim
of the D’959 Patent is purportedly directed to the ornamental design for a large socket. A side-by-
side comparison between the drawings of the D’959 Patent and the FASTBALL Product is shown
in the table below:
Telebrands’ FASTBALL Product Figures of the D’959 Patent
16
17
58. The above comparison table demonstrates that an ordinary observer would find that
the ornamental design of the FASTBALL Product’s Socket is not substantially the same design as
the claimed design of the D’959 Patent. Accordingly, the FASTBALL Product does not infringe the
claim of the D’959 Patent.
59. The FASTBALL Product does not infringe the claim of the D’746 Patent. The claim
of the D’746 Patent is purportedly directed to the ornamental design for a phone kit. A side-by-side
comparison between the drawings of the D’746 Patent and the FASTBALL Product is shown in the
table below:
Telebrands’ FASTBALL Product Figures of the D’746 Patent
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60. The above comparison table demonstrates that an ordinary observer would find that
the ornamental design of the FASTBALL Product’s Socket is not substantially the same design as
the claimed design of the D’746 Patent. Accordingly, the FASTBALL Product does not infringe the
claim of the D’746 Patent.
COUNT ONE
DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE ’376 PATENT
61. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
62. Telebrands has not infringed and does not infringe, directly or indirectly, either
literally or under the doctrine of equivalents, any claim of the ’376 Patent through the manufacture,
use, sale, offer to sell, or importation of the FASTBALL Product.
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63. Accordingly, Telebrands seeks a declaratory judgment, pursuant to 28 U.S.C. §§
2201-02 that no claim of the ’376 Patent is infringed by Telebrands’ manufacture, use, sale, offer to
sell, or importation of the FASTBALL Product.
64. Telebrands has no adequate remedy at law.
2201-02 that it does not infringe any claim of the ’376 Patent.
COUNT TWO
COUNT THREE
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COUNT FOUR
COUNT FIVE
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COUNT SIX
DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE D’959 PATENT
literally or under the doctrine of equivalents, the claim of the D’959 Patent through the manufacture,
2201-02 that the claim of the D’959 Patent is not infringed by Telebrands’ manufacture, use, sale,
offer to sell, or importation of the FASTBALL Product.
2201-02 that it does not infringe the claim of the D’959 Patent.
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COUNT SEVEN
DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE D’746 PATENT
literally or under the doctrine of equivalents, the claim of the D’746 Patent through the manufacture,
2201-02 that the claim of the D’746 Patent is not infringed by Telebrands’ manufacture, use, sale,
offer to sell, or importation of the FASTBALL Product.
2201-02 that it does not infringe the claim of the D’746 patent.
PRAYER FOR RELIEF
WHEREFORE, Telebrands demands judgment as follows:
a. Entering judgment in Telebrands’ favor and against Defendant on its claims;
b. Declaring that the FASTBALL Product does not infringe any claim of the ’376
Patent;
c. Declaring that the FASTBALL Product does not infringe any claim of the ’146
Patent;
d. Declaring that the FASTBALL Product does not infringe any claim of the ’921
Patent;
e. Declaring that the FASTBALL Product does not infringe any claim of the ’507
Patent;
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f. Declaring that the FASTBALL Product does not infringe any claim of the ’779
Patent;
g. Declaring that the FASTBALL Product does not infringe the claim of the D’959
Patent;
h. Declaring that the FASTBALL Product does not infringe the claim of the D’746
Patent;
i. Preliminarily and permanently enjoining Nite Ize, its agents, factories, servants,
employees and attorneys and all those acting in concert or participation with them from falsely
representing or suggesting in the U.S. that the FASTBALL Product infringes the Nite Ize Patents or
any patent with patentably indistinct claims;
j. Declaring this case an exceptional case and awarding Telebrands its attorneys’ fees;
and
k. Granting such other and further relief as this Court deems just and proper.
DEMAND FOR JURY TRIAL
Telebrands demands a jury trial on all issues and claims so triable.
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Respectfully submitted,
Dated: October 25, 2018 By: s/Liza M. Walsh

Liza M. Walsh
Hector D. Ruiz
Katelyn O’Reilly
Joseph L. Linares
WALSH PIZZI O’REILLY FALANGA LLP
1037 Raymond Blvd., Suite 600
Tel.: (973) 757-1100
Fax: (973) 757-1090
Tonia A. Sayour
Robert T. Maldonado (to be admitted pro hac vice)
Benjamin Y. Han (to be admitted pro hac vice)
COOPER & DUNHAM LLP
Tel.: (212) 278-0400
Fax: (212) 391-0525
tsayour@cooperdunham.com
Rmaldonado@cooperdunham.com
bhan@cooperdunham.com
25
Rule 11.2 CERTIFICATION
Plaintiff Telebrands Corp. by their undersigned counsel, hereby certify pursuant to Local
Civil Rule 11.2 that the matter in controversy in the present action is not the subject of any other
action pending in any court, or of any pending arbitration or administrative proceeding.

Liza M. Walsh
Hector D. Ruiz
Katelyn O’Reilly
Joseph L. Linares
Tel.: (973) 757-1100
Fax: (973) 757-1090
Tonia A. Sayour
COOPER & DUNHAM LLP
Tel.: (212) 278-0400
Fax: (212) 391-0525
26
CERTIFICATION PURSUANT TO L. CIV. R. 201.1
Pursuant to Local Civil Rule 201.1, Telebrands, through its attorneys, certifies that the above
captioned matter is not subject to compulsory arbitration.

Liza M. Walsh
Hector D. Ruiz
Katelyn O’Reilly
Joseph L. Linares
Tel.: (973) 757-1100
Fax: (973) 757-1090
Tonia A. Sayour
COOPER & DUNHAM LLP
Tel.: (212) 278-0400
Fax: (212) 391-0525
27
Case 2:18-cv-15336 Document 1-1 Filed 10/25/18 Page 1 of 8 PageID: 29
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
|HAI LAMA ALTINA ALTA AO MA TE NA TEMAT HATI
US010036507B2
(12) United States Patent (10) Patent No.: US 10 ,036 ,507 B2

Vogel et al. (45) Date of Patent : Jul. 31, 2018
(54 ) MULTI- POSITIONAL MOUNT FOR F16B 1/00 ( 2006 .01)
PERSONAL ELECTRONIC DEVICES WITH F16M 11 /22 (2006 .01)
A MAGNETIC INTERFACE H05K 5 /02 ( 2006 .01)
(71) Applicant: NITE IZE, INC., Boulder, CO (US) (52 ) U . S . CI.
CPC ...... ......... F16M 11 / 14 ( 2013 . 01 ) ; F16B 1 /00
(72 ) Inventors : Frank Vogel , Boulder, CO (US ); Paul (2013 .01 ); F16M 11/04 (2013.01); F16M
Turner , Makawao , HI (US ) 11/041 (2013. 01); F16M 11 /22 ( 2013 .01) ;
F16M 13/ 00 ( 2013 .01); F16M 13 /022
(73) Assignee: Nite Ize, Inc., Boulder, CO (US) (2013 .01); H05K 5 /0204 ( 2013 .01); F16B
2001 /0035 ( 2013 .01) ; F16M 2200/022
( * ) Notice : Subject to any disclaimer, the term of this (2013 .01); Y1OT 403 /32631 (2015 .01)
patent is extended or adjusted under 35 (58 ) Field of Classification Search
U .S .C . 154 (b ) by 0 days. None
See application file for complete search history.
(21) Appl. No.: 15/894,726
(22) Filed : Feb . 12 , 2018
(56 ) References Cited
U .S . PATENT DOCUMENTS
(65) Prior Publication Data
4,435, 905 A * 3/ 1984 Bryan ... .. .. . . GO1B 7 /02
US 2018 /0163918 A1 Jun . 14 , 2018 33 /613
4 ,492 ,036 A * 1/ 1985 Beckwith , Jr. ........... GO1B 3 /30
Related U .S . Application Data 33 / 503
(63 ) Continuation of application No. 15/689 ,632, filed on (Continued )
Aug. 29 , 2017 , which is a continuation of application Primary Examiner — Monica E Millner
No. 14 /526 ,350 , filed on Oct. 28 , 2014 , now Pat. No . (74 ) Attorney, Agent, or Firm — Haynes and Boone, LLP
9,765 , 921 , which is a continuation of application No.
14 /098 , 043 , filed on Dec . 5 , 2013 , now Pat. No . (57) ABSTRACT
8 ,870 , 146 , which is a continuation of application No . A stand assembly for holding handheld electronic devices in
13 /485 ,894 , filed on May 31 , 2012, now Pat. No . a multitude of positions or locations having a first section
8 ,602 ,376 . with a curved end magnetically attached to second section
(60 ) Provisional application No. 61/491,640, filed on May having and indented surface . The first section also attaches
31 , 2011. to a surface , the second section either is contiguous with a
portable electronic device , a carrying case , or other item ; or
(51) Int. Ci. has a means to attach to another surface . A high - friction
F16M 11/00 ( 2006 .01) elastomeric material, or similar friction producing material,
F16M 11/ 14 ( 2006 .01 ) helps to secure the first and second sections together, or the
F16M 11/04 ( 2006 .01) second section against another flat magnetic surface .
F16M 13 /00 ( 2006 .01 )
F16M 13/ 02 ( 2006 .01) 19 Claims, 3 Drawing Sheets
00000
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US 10 ,Page
036 ,2507 B2
(56 ) References Cited 8,366,064 B2 * 2/2013 Chen ................. F16M22411//416 043

U . S . PATENT DOCUMENTS 8 ,602,376 B2* 12 /2013 Vogel .................... F16M 11/14
248/ 187 . 1
4 ,719,549 A * 1/1988 Apel ................... F21S 2 /00 8,632,064 B2 * 1/2014 Salisbury , Jr. ....... B25J 17 /0275
362/398 269/ 55
6 ,350 ,076 B1 * 2/ 2002 Wagner ............ F16C 11/ 106 9 ,765 ,921 B2 * 9 /2017 Vogel ... .. .. F16M 11/ 14
403/ 122 2002 /0096956 Al * 7 /2002 Erten ........... HO2K 41/031
6 ,836 ,323 B2 * 12 /2004 Schmadel ............ GOIB 21/042 310 /156 .01
33 /502 2004/0067096 A1 * 4 /2004 Ersoy .... B60G 7 /005
7 , 188 ,428 B2 * 3/ 2007 Blondeau GOIB 1/ 00 403 / 137
33 /502 2004/0118985 Al* 6 / 2004 Omps ................. F16C 11/0619
7,336 ,258 B1 * 2 /2008 Goetsch ................. F16M 11/ 14 248/ 181. 1
248 /278 . 1 2004/0188576 A1 * 9/2004 Carnevali .............. F16M 13/ 00
7,621,492 B2 * 11/2009 Omps ............. F16C24811//181
0619. 1 248/ 206 .5
2005/0007225 Al* 1/2005 Kruse .................. B60G 17/019
8,176 ,927 B2 * 5/2012 Wu .. .. . A61H 3 /02 335 /205
135/65 2009/0238637 A1* 9/2009 Spratte ............... F16C 11/0604
8 , 267,361 B1 * 9 /2012 Dordick .............. F16M 11/ 14 403 / 127
248 / 178 .1
8,295,770 B2 * 10/2012 Seil .............. H04M4551//6091
41. 2 * cited by examiner
|
U . S . Patent Jul. 31 , 2018 Sheet 1 of 3 US 10,036,507 B2
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U . S . Patent Jul. 31, 2018 Sheet 2 of 3 US 10 ,036 ,507 B2
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U . S . Patent Jul. 31 , 2018 Sheet 3 of 3 US 10 ,036 ,507 B2
F16 3
FIG
US 10 ,036 ,507 B2
MULTI - POSITIONAL MOUNT FOR clasps, ties, Velcro , or any suitable means commonly known
PERSONAL ELECTRONIC DEVICES WITH to those who practice in the art.
A MAGNETIC INTERFACE Another embodiment of the present invention also com
prises a second section with a back surface with a means to
CROSS REFERENCE TO RELATED 5 mount a surface such as : screws, glue , epoxy, two sided tape ,
APPLICATIONS hooks, snaps, links, clasps, ties, Velcro , or any suitable
means commonly known to those who practice in the art .
This application is a continuation of U .S . patent applica- Another embodiment of the present invention also com
tion Ser . No. 15 /689 ,632 filed Aug . 29, 2017 which is a prises a first section with an end shaped to rest stably on a
continuation of U . S . patent application Ser. No. 14 /526 ,350 10 flat surface that can be shaped to fit into the socket of an
filed Oct. 28, 2014 , now U .S . Pat. No. 9 , 765 ,921 issued Sep . automobile cigarette lighter outlet.
19 , 2017 , which is a continuation of Ser. No. 14 /098 ,043 Another embodiment of the present invention would also
filed Dec . 5 , 2013, now U . S . Pat. No. 8 , 870 , 146 issued Oct. comprises a first section with an end shaped to rest stably on
28, 2014 , which is a continuation of U .S . patent application a flat surface that can be shaped to attach to irregular
Ser. No . 13 / 485 ,894 filed May 31, 2012 , now U . S . Pat. No. 15 surfaces by way of a spring loaded or screw type clamp.
8 ,602,376 issued Dec . 10 , 2013 , which claims the benefit of Another embodiment of the present invention also com
U . S . Provisional Patent Application No. 61/491,640, filed prises a high - friction elastomeric material, or similar friction
May 31, 2011 , all of which applications are incorporated by producing material, on the outer contact surface of the front
reference herein in their entirety for all purposes . of the magnetized second section . This allows the handheld
20 electronic device to be removed from the first section and
BACKGROUND OF THE INVENTION placed on a vertical magnetic surface without slipping .
Another embodiment of the present invention also com
1. Field of the Invention prises a high - friction elastomeric material, or similar friction
Embodiments of the present invention relate to a stand for producing material, on either the indentation on the front
holding handheld electronic devices , and more specifically, 25 surface of the second section or the curved end of the first
a stand that can hold the device in a multitude of positions section . This prevents the indentation on the front surface of
or locations . the second section from slipping on the curved end of the
2 . Description of Related Art first section by creating friction to oppose gravity or other
Personal electronic equipment such as cellular phones and forces thatmay act on the magnetic coupling .
handheld touch screen computers are generally designed so 30
as to be held by the operator in one hand while screen input BRIEF DESCRIPTION OF THE DRAWINGS
is given to the device with the thumb or with the other free
hand . While these methods of touch screen operation are 1. Figures
good while on the go , or during a quick interaction with the FIG . 1A ( on Sheet 1 ) illustrates a side view of a stand
device ; the operator may wish to use the touch screen to 35 assembly which includes the first and second sections
display information without holding it or to type with one or attached together and to a handheld device according to an
both hands without holding the device . embodiment of the present invention .
Prior methods of holding handheld electronic devices FIG . 1B (on Sheet 1) illustrates a side view of the stand
have proved limited in either the positions the devices can be assembly of FIG . 1A rotated 90 degrees according to an
held or to which surfaces the devices can be quickly 40 embodiment of the present invention .
attached . FIG . 1C (on Sheet 1 ) illustrates an oblique side view of a
stand assembly showing the back surface of a second section
SUMMARY where it attaches to a handheld device according to an
embodiment of the present invention .
The present invention relates to a stand assembly for 45 FIG . 1D (on Sheet 1 ) illustrates a cross - sectional view of
holding handheld electronic devices in a multitude of posi- a stand assembly showing a high -friction elastomeric mate
tions or locations. In one embodiment of the present inven - rial that rubs against a generally curved end of a first section
tion , the stand assembly is comprised of two sections : the according to an embodiment of the present invention .
first section is comprised of a first end shaped to rest stably FIG . 2 ( on Sheet 2 ) illustrates a stand assembly placed on
on a flat surface and a second end with a generally curved 50 a flat surface and attached to a handheld electronic device
shape and constructed of a magnetic material; the second according to an embodiment of the present invention
section being comprised of a front surface having an inden - FIG . 3 ( on Sheet 3 ) illustrates a stand assembly adapted
tation to accept the generally curved end of the first section to connect to the cigarette lighter receptacle of an automo
and a back surface comprising either a means for attaching bile according to an embodiment of the present invention .
to a surface or said front and back surfaces being contiguous 55 FIG . 4 ( on Sheet 3 ) illustrates a stand assembly adapted
with a handheld electronic device , a protective cover, or to include a spring loaded clamp for attaching a stand
other item . The second section is further comprised of either assembly to an irregular surface according to an embodi
being made from or including a magnet to attract magnetic ment of the present invention .
material. The first and second sections ofthis embodiment of 2 . References
the invention are capable of being securely attached through 60 1 First Section of Stand Assembly
the magnetic interaction of the curved end of the first section 2 Indentation In Second Section of Stand Assembly
and the indentation on the front surface of the second 3 Curved end of the First Section
section . 4 Second Section of Stand Assembly
Another embodiment of the present invention also com - 5 End of First Section Shaped To Rest Stably On a Flat
prises a first section with an end shaped to rest stably on a 65 Surface
flat surface that can has a means to mount to surfaces such 6 Means For Attaching to Second Section to a Surface
as: screws, glue , epoxy, two sided tape, hooks, snaps, links, 7 Handheld Device
US 10 ,036 , 507 B2
8 Flat Surface clasps, ties , Velcro , or any suitable means commonly known
9 High - Friction Elastomeric Material, or Similar friction to those who practice in the art ; or the front and back
Producing Material , On The Indentation On The Front surfaces of the 4 second section can be contiguous with a 7
Surface of The Second Section handheld electronic device , a protective cover, or other item .
10 High - Friction Elastomeric Material, or Similar Fric - 5 The second section can also be comprised of either being
tion Producing Material, On The Outer Contact Surface made from a magnetic material.
of The Front of The Second Section While not pictured , the 1 first section can also comprise
11 Magnetic Material a flat end suitable for resting on a flat surface with a means
12 Stem to Engage Into The Cigarette Lighter Receptacle for attaching to a surface such as : screws, glue, epoxy , two
of an Automobile 10 sided tape , hooks, snaps , links , clasps , ties, Velcro , or any
13 Spring Loaded Jaws To Clamp Onto Irregular Surfaces suitable means commonly known to those who practice in
the art .
DETAILED DESCRIPTION OF A PREFERRED When the 1 first section is connected to the 4 second
EMBODIMENT section and attached to a 7 handheld device , the 7 handheld
15 device can be moved freely to a multitude of positions. Since
For the purposes of promoting an understanding of the the amount of leverage the 7 handheld device has on the 3
principles of the invention , reference will now be made to curved end of the first section and 2 indentation on the front
the embodiments illustrated in the drawings and specific surface of the second section varies depending on the 7
language will be used to describe the same. However, the handheld device ' s position , the use of a 9 high - friction
illustrated embodiments are merely exemplary and many 20 elastomeric material , or similar friction producing material
additional embodiments of this invention are possible . For on the indentation on the front surface of the 4 second
example this invention is shown in use with portable elec - section for arresting slipping of the 4 second section relative
tronic devises; however this invention is not intended to be to the 1 first section eliminates the potential slipping of the
limited to portable electronic devices. It is understood that 1 first and 4 second sections , or the need for use of 11
no limitation of the scope of the invention is thereby 25 magnetic material of such strength as to make disconnecting
intended . Any alterations and further modifications in the the 1 first and 4 second sections difficult .
illustrated devices, and such further application of the prin FIG . 2 depicts an embodiment of the invention where the
ciples of the invention as illustrated herein are contemplated 1 first section has a 5 second end shaped to rest stably on a
as would normally occur to one skilled in the art to which the 8 flat surface such as a table , desk or the like. FIG . 3 depicts
invention relates . 30 another embodiment of the invention where the 1 first
Unless otherwise indicated , the drawings are intended to section includes a 12 stem to engage into the cigarette lighter
be read (e.g ., arrangement of parts, proportion , degree , etc.) receptacle of an automobile , this stem could also be adapted
together with the specification, and are to be considered a to engage any sort of plug. FIG . 4 depicts another embodi
portion of the entire written description of this invention . As ment of the invention where the 1 first section also com
used in the following description , the terms “ horizontal” , 35 prises 13 spring loaded jaws to clamp onto irregular surfaces
" vertical”, “ left” , “ right”, “ up ” and “ down” , as well as although any similar means for clamping could be used .
adjectival and adverbial derivatives thereof ( e.g ., " horizon - Variousmodifications and additions can be made to the
tally ” , “ rightwardly ” , “ upwardly ” , etc .), simply refer to the exemplary embodiments discussed without departing from
orientation of the illustrated structure as the particular draw the scope of the present invention . For example , while the
ing figure faces the reader . Similarly , the terms “ inwardly” 40 embodiments described above refer to particular features ,
and " outwardly ” generally refer to the orientation of a the scope of this invention also includes embodiments
surface relative to its axis of elongation , or axis of rotation , having different combinations of features and embodiments
as appropriate . that do not include all of the described features . Accordingly ,
FIGS . 1A , 1B , 1C and 1D all depict an embodiment of a the scope of the present invention is intended to embrace all
multi-positional stand assembly for a handheld device com - 45 such alternatives, modifications, and variations as fall within
prised of two sections. The 1 first section has a 5 first end the scope of the claims, together with all equivalents thereof
shaped so as to rest stably on a flat surface and a 3 second While the above description contains many specificities ,
curved end constructed of a magnetic material. The 4 second these should not be construed as limitations on the scope of
section includes an 2 indentation for receiving the 3 second the invention , but rather as an exemplification of one pre
curved end of the 1 first section , a 6 means for connecting 50 ferred embodiment thereof. Many other variations are pos
the 4 second section to an optional 7 handheld device , a 11 sible . Accordingly, the scope of this invention should be
magnetic material for attracting the 3 second curved end of determined not by the embodiments, but by the applied
the 1 first section , a 9 high -friction elastomeric material, or claims and their legal equivalents.
similar friction producing material on the indentation on the What is claimed is:
front surface of the 4 second section for arresting slipping of 55 1 . A stand assembly comprising:
the 4 second section relative to the 1 first section , and a 10 a first section having a first end shaped with a curved
high - friction elastomeric material, or similar friction pro surface , said curved surface of said first section con
ducing material on the outer contact surface of the 4 second structed of a first magnetic material; and
section to hold the 4 second section to a vertical surface a second section having a front surface , said front surface
when the 1 first section is removed . The 1 first and 4 second 60 having an indentation , said indentation capable of
sections of this embodiment of the invention are capable of receiving said curved end of said first section and being
being securely attached through the magnetic interaction of of a size which can encompass a portion , but less than
the 3 curved end of the first section and the 2 indentation on the whole diameter , of said curved end of said first
the front surface of the 4 second section . section , said second section having a second magnetic
While not pictured , the 4 second section can also com - 65 material capable of holding said first and said second
prise either a means for attaching to a surface such as : sections together, wherein the second section includes
screws, glue, epoxy, two sided tape , hooks, snaps, links, a first piece of friction producing material, the friction
US 10 ,036 ,507 B2
producing material on an outer contact surface of the configured to securely attach to the first section through
second section , adjacent to the second magnetic mate magnetic interaction of the curved surface of the first section
rial and further from a center point of the indentation with the indentation on the front surface of the second
than the second magnetic material. section .
2 . The stand assembly of claim 1 , wherein thee second
second 55 11 . The stand assembly of claim 7 , wherein said first
magnetic material directly interfaces with the curved sur section further comprises a means for laying stably flat on a
face . surface .
3 . The stand assembly of claim 1 , wherein the second 12 . A stand assembly comprising:
magnetic material contacts the curved surface . a first section having a first end shaped with a curved
4 . The stand assembly of claim 1, wherein the front 10 surface , said curved surface of said first section con
surface having an indentation , said indentation capable of structed of a first magnetic material; and
receiving said curved end of said first section and being of a second section having a front surface , said front surface
a size which can encompass a portion , but less than the having an indentation , said indentation capable of
whole diameter, of said curved surface of said first section , receiving said curved end of said first section and being
said second section having the second magnetic material 15 of a size which can encompass a portion , but less than
configured to securely attach to the first section through the whole diameter, of said curved end of said first
magnetic interaction of the curved surface of the first section section , said second section having a second magnetic
with the indentation on the front surface of the second material capable of holding said first and said second
section . sections together, wherein the second section includes
5 . The stand assembly of claim 1, wherein said first 20 a first piece of friction producing material, the friction
section further comprises a means for laying stably flat on a producing material on an outer contact surface of the
surface . second section , surrounding the second magnetic mate
6 . The stand assembly of claim 1 , wherein the friction rial.
producing material is high - friction material. 13 . The stand assembly of claim 12 , wherein the second
7 . A stand assembly comprising : 25 magnetic material directly interfaces with the curved sur
a first section having a first end shaped with a curved face .
14 . The stand assembly of claim 12 , wherein the second
surface , said curved surface of said first section con magnetic
structed of a first magnetic material; and material contacts the curved surface .
a second section having a front surface, said front surface 15 . The stand assembly of claim 12 , wherein the front
having an indentation , said indentation capablee of of 3030 surface
S having an indentation , said indentation capable of
receiving said curved end of said first section and being of
receiving said curved end of said first section and being a size which can encompass a portion , but less than the
of a size which can encompass a portion , but less than whole diameter, of said curved surface of said first section ,
the whole diameter, of said curved end of said first said second section having the second magnetic material
section , said second section having a secondaidmagnetic
second 3535 configured to securely attach to the first section through
material capable of holding said first and said second coni interaction of the curved surface of the first section
magnetic
sections together, wherein the second section includes with the indentation on the front surface of the second
a first piece of friction producing material, the friction section .
producing material on an outer contact surface of the 16 . The stand assembly of claim 12 , wherein said second
second section , having a ring shape adjacent to the 40 section further comprises a back surface with a means for
second magnetic material. attaching to a surface .
8 . The stand assembly of claim 7 , wherein the second
magnetic material directly interfaces with the curved sur 17 . The stand assembly of claim 12 , wherein said second
face . section further comprises being contiguous with a protective
9. The stand assembly of claim 7 , wherein the second 45 cover .
18 . The stand assembly of claim 12 , wherein said first
magnetic material contacts the curved surface . section further comprises a means for attaching to a flat
10 . The stand assembly of claim 7 , wherein the front
surface having an indentation , said indentation capable of surface .
19 . The stand assembly of claim 12 , wherein said first
receiving said curved end of said first section and being of section further comprises a means for laying stably flat on a
a size which can encompass a portion , but less than the
whole diameter, of said curved surface of said first section , 50 suri
said second section having the second magnetic material * * * *
EXHIBIT 5
|HAO WALA NAMAN UTAMA UNATHIMNMO
US010066779B2
(12) United States Patent (10) Patent No.: US 10 ,066 ,779 B2

Vogel et al. (45 ) Date of Patent: Sep . 4 , 2018
(54 ) MULTI- POSITIONAL MOUNT FOR F16M 11 /22 (2006 . 01)
PERSONAL ELECTRONIC DEVICES WITH H05K 5/ 02 (2006 .01)
A MAGNETIC INTERFACE (52 ) ???
U .S . CI. .. . F16M 11 / 14 ( 2013 .01) ; F16B 1/ 00
(71) Applicant: NITE IZE, INC., Boulder, CO (US) ( 2013.01); F16M 11/ 04 (2013.01); F16M
11 /041 (2013 .01) ; F16M 11 /22 ( 2013 .01) ;
(72 ) Inventors : Frank Vogel , Boulder, CO (US ); Paul F16M 13 /00 (2013 .01 ); F16M 13 /022
Turner , Makawao , HI (US) ( 2013 .01); H05K 5 /0204 (2013 .01); F16B
2001/0035 (2013 .01) ; F16M 2200 /022
(73) Assignee: Nite Ize, Inc., Boulder, CO (US) ( 2013 .01) ; Y10T 403/ 32631 (2015.01)
(58 ) Field of Classification Search
( * ) Notice : Subject to any disclaimer, the term of this None
patent is extended or adjusted under 35 See application file for complete search history .
U .S .C . 154 (b ) by 0 days.
(21) Appl. No.: 15/689,632 (56 ) References Cited
U .S . PATENT DOCUMENTS
(22) Filed: Aug. 29, 2017 2 ,332 ,504 A * 10/ 1943 Brenner .......... F16M 11/ 14
248 / 181 . 1
(65 ) Prior Publication Data 2 ,496 ,691 A 2 /1950 Berry
US 2017 /0356591 A1 Dec. 14 , 2017 2 ,510 ,634 A 6 /1950 Hull
2 ,765 ,509 A 10 /1958 Brehm
2 , 907,085 A 10 /1959 Bosland
Related U . S . Application Data (Continued )
(63 ) Continuation of application No. 14 /526 ,350 , filed on Primary Examiner - Monica E Millner
Oct. 28 , 2014 , now Pat. No. 9 ,765,921, which is a (74 ) Attorney , Agent, or Firm — Haynes and Boone, LLP
continuation of application No . 14 /098 ,043 , filed on
Dec. 5 , 2013 , now Pat. No. 8 ,870 ,146 , which is a (57 ) ABSTRACT
continuation of application No. 13 /485 ,894 , filed on
May 31, 2012 , now Pat. No. 8 ,602 ,376 . A stand assembly for holding handheld electronic devices in
a multitude of positions or locations having a first section
(60 ) Provisional application No. 61/491,640, filed on May with a curved end magnetically attached to second section
31, 2011. having and indented surface . The first section also attaches
to a surface , the second section either is contiguous with a
(51) Int. CI. portable electronic device , a carrying case , or other item ; or
F16M 11 /00 ( 2006 .01) has a means to attach to another surface . A high -friction
F16M 11 / 14 ( 2006 .01) elastomeric material, or similar friction producing material,
F16M 13 /00 ( 2006 .01) helps to secure the first and second sections together , or the
F16M 13/ 02 ( 2006 .01) second section against another flatmagnetic surface .
F16M 11 / 04 ( 2006 .01 )
F16B 1/00 (2006 .01) 14 Claims, 3 Drawing Sheets
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US 10 ,Page
066 ,2779 B2
(56 ) References Cited 7 ,475 ,858 B2 * 1/2009 Kalis ................... B60R 11/0258
248 /205 . 5
U . S . PATENT DOCUMENTS 7,686 ,287 B2 * 3/2010 Dixon ..................... B23Q 1/ 32
269/20
3 , 176 ,951 A 4 / 1965 McFadyen
3 ,695 ,651 A * 10 / 1972 Stuck
7,886,903 B1 * 2/ 2011 Wurzelbacher, Jr.
F16C 11/ 0642 G06F 1/ 1616
29 / 898 .051 206 /320
4 ,016 ,583 A * 4 / 1977 Yeates F16M 11 / 14 7 , 971,277 B2 7 / 2011 Romiti
248 / 181. 1 8 , 176 , 927 B2 * 5 / 2012 Wu A61H 3 /02
4 ,024 , 588 A 5 / 1977 Janssen 135 /65
4 , 067, 532 A 1/ 1978 Viteretto 8 ,267, 361 B1 * 9 /2012 Dordick ................. F16M 11/ 14
5 ,213 , 240 A 5 / 1993 Dietz 248/ 178 . 1
5 ,769,369 A * 6 / 1998 Meinel ............. B60N 3 / 001 8 ,956 , 068 B2 * 2 /2015 Mekid F16M 11 /043
108 /45 248 /176 . 1
5 ,857,815 A 1/ 1999 Bailey 2002/ 0096956 A1 * 7 /2002 Erten ........... HO2K 41/031
5 , 983 ,464 A 11/ 1999 Bauer 310 / 156 .01
5 . 992 , 807 A + 11/ 1999 Tarulli 2004 /0118985 A1 6 /2004 Omps
6 , 209 ,830 B1 * 4 / 2001 Brotz F16M 11/ 14 2004 /0188576 A1* 9 /2004 Carnevali ...... F16M 13 / 00
248 / 181 .2 248/ 206 .5
6 , 350 ,076 B1 * 2 /2002 Wagner ............... F16C 11/ 106 2005 /0007225 A1* 1/2005 Kruse .................. B60G 17 /019
403/ 122 335 /205
6 ,352 ,228 B1 * 3 /2002 Buerklin ............... F16C 11/ 106 2005/ 0247845 Al * 11 / 2005 Li ...................... . F16M 11/ 14
248 / 181. 1 248/346 .5
6 ,499 ,437 B1 12/ 2002 Sorensen 2007/ 0099469 Al 5/ 2007 Sorensen
6 ,585 ,201 B1 * 7 /2003 Reed . .. B6OR 11/0235
2007/0114346 A1 * 5 /2007 Omps ................. F16C 11 /0619
248 / 181. 1 248 /181. 1
6 , 880 ,794 B1 4 /2005 Kahn 2008/ 0087779 Alt 4 / 2008 Liow
6 ,888, 940 B1 5 /2005 Deppen 2009/0196597 A1 * 8/ 2009 Messinger ............. F16M 11/ 14
6 ,919 , 787 B1 + 7 / 2005 Macken
7 ,076 ,885 B2 7 / 2006 Potter 396 /427
7 , 114 , 592 B1 10 / 2006 Gibson 2009/0238637 A1* 9/2009 Spratte ............... F16C 11/0604
7 , 163, 181 B2 * 1/2007 Omps .... F16C 11 /0619 403 / 127
248/181. 1
7 ,374 , 142 B25 / 2008 Carnevali * cited by examiner
7 ,431, 251 B2 + 10 / 2008 Carnevali † cited by third party
U . S . Patent Sep . 4 , 2018 Sheet 1 of 3 US 10 ,066 ,779 B2
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MULTI - POSITIONAL MOUNT FOR Another embodiment of the present invention also com
PERSONAL ELECTRONIC DEVICES WITH prises a second section with a back surface with a means to
A MAGNETIC INTERFACE mount a surface such as : screws, glue, epoxy, two sided tape ,
hooks, snaps, links, clasps , ties, Velcro , or any suitable
CROSS REFERENCE TO RELATED 5 means commonly known to those who practice in the art.
APPLICATIONS Another embodiment of the present invention also com
prises a first section with an end shaped to rest stably on a
This application is a continuation of U . S . patent applica - flat surface that can be shaped to fit into the socket of an
tion Ser. No . 14 / 526 , 350 filed Oct . 28, 2014 , which is a automobile cigarette lighter outlet.
continuation of Ser. No . 14 /098 ,043 filed Dec . 5 , 2013 , now 10 AAnother embodiment of the present invention would also
U .S . Pat. No. 8 ,870 , 146 issued Oct. 28 , 2014 , which is a comprises a first section with an end shaped to rest stably on
continuation of U . S . patent application Ser. No. 13 / 485 ,894 a flat surface that can be shaped to attach to irregular
filed May 31 , 2012, now U . S . Pat. No . 8 ,602,376 issued Dec . surfaces by way of a spring loaded or screw type clamp.
10 , 2013 , which claims the benefit of U . S . Provisional Patent
Application No. 61/491640 , filed May 31, 2011 , all of which 15 Another embodiment of the present invention also com
applications are incorporated by reference herein in their prises a high - friction elastomeric material ,or similar friction
entirety for all purposes . producing material, on the outer contact surface of the front
of the magnetized second section . This allows the handheld
BACKGROUND OF THE INVENTION electronic device to be removed from the first section and
20 placed on a vertical magnetic surface without slipping.
1. Field of the Invention Another embodiment of the present invention also com
Embodiments of the present invention relate to a stand for prises a high - friction elastomeric material, or similar friction
holding handheld electronic devices, and more specifically, producing material, on either the indentation on the front
a stand that can hold the device in a multitude of positions surface of the second section or the curved end of the first
or locations. section . This prevents the indentation on the front surface of
2 . Description of Related Art the second section from slipping on the curved end of the
Personal electronic equipment such as cellular phones and first section by creating friction to oppose gravity or other
handheld touch screen computers are generally designed so forces that may act on the magnetic coupling .
as to be held by the operator in one hand while screen input
is given to the device with the thumb or with the other free 30 BRIEF DESCRIPTION OF THE DRAWINGS
hand . While these methods of touch screen operation are
good while on the go, or during a quick interaction with the 1. Figures
device ; the operator may wish to use the touch screen to FIG . 1A (on Sheet 1) illustrates a side view of a stand
display information without holding it or to type with one or assembly which includes the first and second sections
both hands without holding the device . 35 attached together and to a handheld device according to an
Prior methods of holding handheld electronic devices embodiment of the present invention .
have proved limited in either the positions the devices can be FIG . 1B (on Sheet 1) illustrates a side view of the stand
held or to which surfaces the devices can be quickly assembly of FIG . 1A rotated 90 degrees according to an
attached . embodiment of the present invention .
40 FIG . 1C ( on Sheet 1 ) illustrates an oblique side view of a
SUMMARY stand assembly showing the back surface of a second section
where it attaches to a handheld device according to an
antion .
The present invention relates to a stand assembly for embodiment of the present invention
holding handheld electronic devices in a multitude of posi- FIG . 1D (on Sheet 1) illustrates a cross -sectional view of
tions or locations. In one embodiment of the present inven - 45 a stand assembly showing a high - friction elastomeric mate
tion , the stand assembly is comprised of two sections: the rial that rubs against a generally curved end of a first section
first section is comprised of a first end shaped to rest stably according to an embodiment of the present invention .
on a flat surface and a second end with a generally curved FIG . 2 (on Sheet 2 ) illustrates a stand assembly placed on
shape and constructed of a magnetic material; the second a flat surface and attached to a handheld electronic device
section being comprised of a front surface having an inden - 50 according to an embodiment of the present invention .
tation to accept the generally curved end of the first section FIG . 3 ( on Sheet 3 ) illustrates a stand assembly adapted
and a back surface comprising either a means for attaching to connect to the cigarette lighter receptacle of an automo
to a surface or said front and back surfaces being contiguous bile according to an embodiment of the present invention .
with a handheld electronic device, a protective cover, or FIG . 4 (on Sheet 3 ) illustrates a stand assembly adapted
other item . The second section is further comprised of either 55 to include a spring loaded clamp for attaching a stand
being made from or including a magnet to attract magnetic assembly to an irregular surface according to an embodi
material. The first and second sections of this embodiment of ment of the present invention .
the invention are capable of being securely attached through 2 . References
the magnetic interaction of the curved end of the first section 1 First Section of Stand Assembly
and the indentation on the front surface of the second 60 2 Indentation In Second Section of Stand Assembly
section . 3 Curved end of the First Section
Another embodiment of the present invention also com 4 Second Section of Stand Assembly
prises a first section with an end shaped to rest stably on a 5 End of First Section Shaped To Rest Stably On a Flat
flat surface that can has a means to mount to surfaces such Surface
as : screws, glue, epoxy, two sided tape, hooks, snaps, links, 65 6 Means For Attaching to Second Section to a Surface
clasps , ties, Velcro , or any suitable means commonly known 7 Handheld Device
to those who practice in the art. 8 Flat Surface
US 10 ,066 ,779 B2
9 High -Friction Elastomeric Material, or Similar friction to those who practice in the art; or the front and back
Producing Material, On The Indentation On The Front surfaces of the 4 second section can be contiguous with a 7
Surface of The Second Section handheld electronic device , a protective cover, or other item .
10 High -Friction Elastomeric Material, or Similar Fric - The second section can also be comprised of either being
tion Producing Material, On The Outer Contact Surface of 5 made from a magnetic material.
The Front of The Second Section While not pictured , the 1 first section can also comprise
11 Magnetic Material a flat end suitable for resting on a flat surface with a means
12 Stem to Engage Into The Cigarette Lighter Receptacle for attaching to a surface such as : screws, glue, epoxy, two
of an Automobile sided tape, hooks, snaps, links, clasps, ties, Velcro , or any
13 Spring Loaded Jaws To Clamp Onto Irregular Surfaces 10 suitable means commonly known to those who practice in
the art.
DETAILED DESCRIPTION OF A PREFERRED When the 1 first section is connected to the 4 second
EMBODIMENT section and attached to a 7 handheld device, the 7 handheld
device can be moved freely to a multitude of positions . Since
For the purposes of promoting an understanding of the 15 the amount of leverage the 7 handheld device has on the 3
principles of the invention , reference will now be made to curved end of the first section and 2 indentation on the front
the embodiments illustrated in the drawings and specific surface of the second section varies depending on the 7
language will be used to describe the same. However , the handheld device 's position , the use of a 9 high -friction
illustrated embodiments are merely exemplary and many elastomeric material, or similar friction producing material
additional embodiments of this invention are possible . For 20 on the indentation on the front surface of the 4 second
example this invention is shown in use with portable elec section for arresting slipping of the 4 second section relative
tronic devises ; however this invention is not intended to be to the 1 first section eliminates the potential slipping of the
limited to portable electronic devices. It is understood that 1 first and 4 second sections, or the need for use of 11
no limitation of the scope of the invention is thereby magnetic material of such strength as to make disconnecting
intended . Any alterations and further modifications in the 25 the 1 first and 4 second sections difficult .
illustrated devices , and such further application of the prin - FIG . 2 depicts an embodiment of the invention where the
ciples of the invention as illustrated herein are contemplated 1 first section has a 5 second end shaped to rest stably on a
aswould normally occur to one skilled in the art to which the 8 flat surface such as a table , desk or the like . FIG . 3 depicts
invention relates. another embodiment of the invention where the 1 first
Unless otherwise indicated , the drawings are intended to 30 section includes a 12 stem to engage into the cigarette lighter
be read ( e .g ., arrangement of parts , proportion , degree , etc .) receptacle of an automobile , this stem could also be adapted
together with the specification , and are to be considered a to engage any sort of plug. FIG . 4 depicts another embodi
portion of the entire written description of this invention . As m ent of the invention where the 1 first section also com
used in the following description , the terms “ horizontal” , prises 13 spring loaded jaws to clamp onto irregular surfaces
" vertical" , " left" , " right" , " up " and " down " , as well as 35 although any similar means for clamping could be used .
adjectival and adverbial derivatives thereof ( e . g ., " horizon - Various modifications and additions can be made to the
tally ”, “ rightwardly ” , “ upwardly” , etc.), simply refer to the exemplary embodiments discussed without departing from
orientation of the illustrated structure as the particular draw the scope of the present invention . For example , while the
ing figure faces the reader. Similarly, the terms “ inwardly ” embodiments described above refer to particular features,
and "outwardly ” generally refer to the orientation of a 40 the scope of this invention also includes embodiments
surface relative to its axis of elongation , or axis of rotation , having different combinations of features and embodiments
as appropriate. that do not include all of the described features . Accordingly ,
FIGS. 1A , 1B , 1C and 1D all depict an embodiment of a the scope of the present invention is intended to embrace all
multi-positional stand assembly for a handheld device com such alternatives, modifications, and variations as fall within
prised of two sections. The 1 first section has a 5 first end 45 the scope of the claims, together with all equivalents thereof.
shaped so as to rest stably on a flat surface and a 3 second While the above description contains many specificities,
curved end constructed of a magnetic material. The 4 second these should not be construed as limitations on the scope of
section includes an 2 indentation for receiving the 3 second the invention , but rather as an exemplification of one pre
curved end of the 1 first section , a 6 means for connecting ferred embodiment thereof. Many other variations are pos
the 4 second section to an optional 7 handheld device , a 11 50 sible . Accordingly , the scope of this invention should be
magnetic material for attracting the 3 second curved end of determined not by the embodiments, but by the applied
the 1 first section , a 9 high - friction elastomeric material, or claims and their legal equivalents.
similar friction producing material on the indentation on the What is claimed is:
front surface of the 4 second section for arresting slipping of 1. A stand assembly for holding a device comprising:
the 4 second section relative to the 1 first section , and a 10 55 a first section shaped on one end with a curved surface, the
high - friction elastomeric material, or similar friction pro entirety of said curved surface of said first section
ducing material on the outer contact surface of the 4 second constructed of a first magnetic material; and
section to hold the 4 second section to a vertical surface a second section having a front surface, said second
when the 1 first section is removed . The 1 first and 4 second section having a second magnetic material holding the
sections of this embodiment of the invention are capable of 60 first and second sections together, the second magnetic
being securely attached through the magnetic interaction of material of the second section holds said first and said
the 3 curved end of the first section and the 2 indentation on second sections together has a ring shape surrounding
the front surface of the 4 second section . a portion of the curved surface when the first and
While not pictured , the 4 second section can also com second sections are together, wherein the front surface
prise either a means for attaching to a surface such as : 65 having an indentation defined by said ring shape, said
screws, glue , epoxy , two sided tape , hooks, snaps, links, indentation receiving said curved end of said first
clasps, ties, Velcro , or any suitable means commonly known section and encompassing a portion , but less than the
US 10 ,066 ,779 B2
whole diameter, of said curved surface of said first portion , but less than the whole diameter, of said curved
section , said second section having the second mag surface of said first section , said second section having
netic material configured to securely attach to the first a second magnetic material configured to securely
section through magnetic interaction of the curved attach to the first section through magnetic interaction
surface of the first section with the indentation on the 5 of the curved surface of the first section with the
front surface of the second section the second magnetic indentation on the front surface of the second section ,
material having the ring shape opposite the curved wherein the second magnetic material of the second
surface of the first section and protruding from the front section that holds said first and said second sections
surface of the second section . together has a ring shape surrounding , in a radial
2 . The stand assembly of claim 1 , wherein the second 10 fashion , at least a portion of the curved surface when
magnetic material directly interfaces with the curved sur the first and second sections are together, the second
face . magnetic material having the ring shape opposite the
3. The stand assembly of claim 1, wherein the second curved surface of the first section and protruding from
magnetic material contacts the curved surface . the front surface of the second section .
4 . The stand assembly of claimed 1, wherein the second 15 9 . The stand assembly of claim 8, wherein the second
magnetic material is a permanent magnet.
5 . A stand assembly for holding a device comprising : magnetic material contacts the curved surface.
a first section shaped on one end with a curved surface, the 10 . The stand assembly of claim 8 , wherein the second
entirety of said curved surface of said first section magnetic material directly interfaces with the curved sur
constructed of a first magnetic material ; and 20 face.
a second section having a front surface, and an opposing 11 . A stand assembly for holding a device comprising:
flat rear surface , said second section having a ring a first section having a curved end ; and
shape and surrounding, in a radial fashion , at least a
portion of the curved surface when the first and second a second section with a generally curved shape and
sections are together, wherein the front surface having 25 constructed of a second magnetic material, the second
an indentation defined by the ring shape , said indenta section including a front surface having an indentation
tion receiving said curved end of said first section and to accept the curved end of the first section and a back
encompassing a portion , but less than the whole diam surface that is attachable an object selected from the
eter, of said curved surface of said first section , said group consisting of a surface of the device and a
second section having the second magnetic material 30 protective cover of the device, the first and second
configured to securely attach to the first section through sections securely attached through magnetic interaction
magnetic interaction of the curved surface of the first of the curved end of the first section , the entirety of
section with the indentation and the ring shape that which curved end is composed of a first magnetic
protrudes from the front surface of the second section material, and the indentation on the front surface of the
, wherein the second magnetic material of the second 35 second section , wherein the second magnetic material
section that holds said first and said second sections of the second section that holds said first and said
together with the ring shape, the second magnetic second sections together has a ring shape that surrounds
material having the ring shape opposite the curved the curved surface when the first and second sections
surface of the first section . are together the second magnetic material having the
6 . The stand assembly of claim 5 , wherein the second 40 ring shape that defines the indentation and is opposite
magnetic material contacts the curved surface . the curved surface of the first section and protruding
7 . The stand assembly of claim 5 , wherein the second from the front surface of the second section .
magnetic material directly interfaces with the curved sur 12
12.. ThThe stand assembly of claim 11, wherein the second
face. magnetic material directly interfaces with the curved sur
8 . A stand assembly for holding a device comprising : 45 face .
a first section shaped on one end with a curved surface , the 13 . The stand assembly of claim 11 , wherein the second
entirety of said curved surface of said first section magnetic material contacts the curved surface .
constructed of a first magnetic material; and 14 . The stand assembly of claim 11, wherein the second
a second section having a front surface , the front surface
having an indentation , said indentation receiving said 50 magnetic material is a permanentmagnet .
curved end of said first section and encompassing a * * * * *
EXHIBIT 6
USOOD719959S
(12) United States Design Patent (10) Patent No.: US D719,959 S

Vogel (45) Date of Patent: . Dec. 23, 2014
(54) LARGE SOCKET 6,209,830 B1 4/2001 Brotz
6,350,076 B1 2/2002 Wagner et al.
NT 6,352,228 B1
(71) Applicant: Nite Ize, Inc., Boulder, CO (US) 6,585,201 B1 7,3/2002 Buerklin
2003 Reed
(72) Inventor: Frank Vogel, Boulder, CO (US) SSI's 858: "... D14,432
7,163,181 B2 1/2007 Omps
(73) Assignee: Nite Ize, Inc., Boulder, CO (US) 7,246,781 B2 7/2007 Nam
D549,091 S * 8/2007 McIntyre et al. .............. D8,399
(**) Term: 14 Years D554,974 S * 1 1/2007 Huang ........................... D8,352
7,475,858 B2 1/2009 Kalis et al.
7,621,492 B2 11/2009 Omps
(21) Appl. No. 29/443,173 7,686,287 B2 3/2010 Dixon et al.
D625,262 S * 10/2010 Lee et al. ..................... D13,118
(22) Filed: Jan. 14, 2013 7,886,903 B1 2/2011 Wurzelbacher, Jr. et al.
D654,348 S * 2/2012 Musselman .................... D8,349
D660,691 S * 5/2012 Yamazaki ...................... D8,399
(63) Continuation-in-part of application No. 13/485.894, 8,176,927 B2 5/2012 Wu
filed on May 31, 2012, now Pat. No. 8,602.376. (Continued)
(51) LOC (10) Cl. ................................................ O8-07 OTHER PUBLICATIONS
(52) U.S. Cl.
USPC ......................................................... D14/447 In the US Patent and Trademark Office U.S. Appl. No. 13/485,894
(58) Field of Classification Search Non-Final Office Action dated May 9, 2013, 8 pages.
USPC ........ D14/447, 432, 434, 439, 440, 451, 452,
D14/457, 460, 461, 238.1, 250, 251, 253; Primary Examiner — Angela J Lee
D3/218: D6/406.3, 406.4, 406.5, (74) Attorney, Agent, or Firm — Squire Patton Boggs (US)
D6/406.6; 248/444, 441.1, 188.6, LLP
248/917 924; 361/679.02, 679.03, 679.04,
361/679.09, 679.21, 679.26,679.27,679.3, (57) CLAM
361/679.55, 679.56 The ornamental design for a large socket, as shown and
See application file for complete search history. described.
(56) References Cited DESCRIPTION
U.S. PATENT DOCUMENTS
FIG. 1 is a front view of a large socket (the front, left, right,
687,183. A 1 1/1901 Kolander and rear views are mirror images);
2,332,504. A 10, 1943 Brenner FIG. 2 is a bottom view of the large socket of FIG. 1;
3,695,651
4,016,583
A
A
10/1972
4, 1977
Stuck
Yeates
FIG. 3 is a top view of the large socket of FIG. 1; and,
5,575,597 A 1 1/1996 Bailey et al. FIG. 4 is a top perspective view of the large socket of FIG. 1
5,681,981 A 10/1997 McMurtry
5,769,369 A 6, 1998 Meinel 1 Claim, 2 Drawing Sheets
US D719,959 S
Page 2
(56) References Cited D696,673 S * 12/2013 Vogel ........................... D14.f447

D696,674 S * 12/2013 Vogel ... ... D14.f447
U.S. PATENT DOCUMENTS 8,602,376 B2 * 12/2013 Vogel et al. ... 248,371
D701,831 S * 4/2014 Park et al. .................... D13,108
D666,205 S * 8/2012 Li et al. ........................ D14/452 8,800,942 B2 * 8/2014 Yu .............................. 248,122.1
8,267,361 B1 9, 2012 Dordick 2002, 0096956 A1 7, 2002 Erten
D670,704 S * 1 1/2012 Barker ......................... D14.f447 2004/0188576 A1 9, 2004 Carnevali
D671,546 S * 1 1/2012 Eberstein et al. ............ D14.f447 2006/0000957 A1 1/2006 Carnevali
8,366,064 B2 2/2013 Chen et al. 2006/0171794 A1* 8, 2006 Ordonio et al. ............... 411.369
D682,281 S * 5/2013 Barnard et al. .............. RE,
ck SERS. A. 358 Syree, a CVC Cal. ............. 411 150
Rl5.8 Ss :
D688,252 8, 29 perty.........
2013 Paul et al. ...... D14.f447
D14.f452 2009/0238637 A1 9/2009 Spratte et al.
D692,898 S *ck 1 1/2013 Luijben ... ... D14.f447 2012/011877O A1
2012/0175474 A1
5, 2012 Valls et al.
7, 2012 Barnard et al.
D692,900 S * 1 1/2013 Kovacs ........................ D14.f447 2013/O140837 A1* 6, 2013 Carroll .......................... 294f142
D693,352 S * 1 1/2013 Gelsomini et al. ........... D14.f447
D694,249 S * 1 1/2013 Akana et al. ................. D14.f447 * cited by examiner
U.S. Patent Dec. 23, 2014 Sheet 1 of 2 US D719,959 S
G.
U.S. Patent Dec. 23, 2014 Sheet 2 of 2 US D719,959 S
G. 3
G.
EXHIBIT 7
JS 44 (Rev. 08/16) 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

TELEBRANDS CORP. NITE IZE, INC.
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(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)
Liza M. Walsh - Walsh Pizzi O'Reilly Falanga LLP
One Riverfront Plaza, 1037 Raymond Blvd., Suite 600
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of Business In This State
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Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
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JS 44 Reverse (Rev. 08/16)
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Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
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AO 120 (Rev. 08/10)
Mail Stop 8 REPORT ON THE

TO:
Director of the U.S. Patent and Trademark Office FILING OR DETERMINATION OF AN
P.O. Box 1450 ACTION REGARDING A PATENT OR
Alexandria, VA 22313-1450 TRADEMARK
In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
filed in the U.S. District Court New Jersey on the following
G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. § 292.):
DOCKET NO. DATE FILED U.S. DISTRICT COURT

New Jersey
PLAINTIFF DEFENDANT
TELEBRANDS CORP. NITE IZE, INC.
PATENT OR DATE OF PATENT

HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1 8,602,376 12/10/2013 Nite Ize, Inc.
2 8,870,146 10/28/2014 Nite Ize, Inc.
3 9,765,921 9/19/2017 Nite Ize, Inc.
4 10,036,507 7/31/2018 Nite Ize, Inc.
5 10,066,779 9/4/2018 Nite Ize, Inc.
In the above—entitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G
Amendment G Answer G Cross Bill G Other Pleading
1
In the above—entitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
CLERK (BY) DEPUTY CLERK DATE
Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy

AO 120 (Rev. 08/10)
Mail Stop 8 REPORT ON THE

TO:
Director of the U.S. Patent and Trademark Office FILING OR DETERMINATION OF AN
P.O. Box 1450 ACTION REGARDING A PATENT OR
Alexandria, VA 22313-1450 TRADEMARK
In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
filed in the U.S. District Court New Jersey on the following
G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. § 292.):
DOCKET NO. DATE FILED U.S. DISTRICT COURT

New Jersey
PLAINTIFF DEFENDANT
TELEBRANDS CORP. NITE IZE, INC

1 D719,959 12/23/2014 Nite Ize, Inc.
2 D734,746 7/21/2015 Nite Ize, Inc.
In the above—entitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G
Amendment G Answer G Cross Bill G Other Pleading
1
In the above—entitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
CLERK (BY) DEPUTY CLERK DATE
Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy

Telebrands v. Nite Ize - Complaint

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Case 2:18-cv-15336 Document 1 Filed 10/25/18 Page 1 of 28 PageID: 1

Attorneys for Plaintiff Telebrands Corp.

IN THE UNITED STATES DISTRICT COURT

TELEBRANDS CORP., ) Civil Action No. _______________

infringed by products being marketed by Telebrands under the trademark FASTBALL.

JURISDICTION AND VENUE

5. Jurisdiction of this Court is founded on 28 U.S.C. §§ 1331, 1338, and 2201-02.

8. Telebrands is a direct marketing company and is engaged in the business of marketing

The ’146 Patent is attached as Exhibit 2.

dependent claims. The ’921 Patent is attached as Exhibit 3.

The ’507 Patent is attached as Exhibit 4.

’779 Patent is attached as Exhibit 5.

for a large socket. The D’959 Patent is attached as Exhibit 6.

phone kit. The D’746 Patent is attached as Exhibit 7.

Product infringes the Nite Ize Patents.

20. Steelie and the FASTBALL Product are competing products.

throughout the State of New Jersey.

their rights in each patent to Nite Ize.

imminently launch the Product under the same trademark FASTBALL.

indentation of said second section…” (emphasis added).

therefrom, literally or under the doctrine of equivalents.

material disposed of in the indentation of said second section …” (emphasis added).

therefrom, literally or under the doctrine of equivalents.

material disposed of in the indentation of said second section …” (emphasis added).

therefrom, literally or under the doctrine of equivalents.

indentation of said second section…” (emphasis added).

therefrom, literally or under the doctrine of equivalents.

material disposed of in the indentation of said second section…” (emphasis added).

therefrom, literally or under the doctrine of equivalents.

material disposed of in the indentation of said second section …” (emphasis added).

therefrom, literally or under the doctrine of equivalents.

said second section…” (emphasis added).

second section …” (emphasis added).

therefrom, literally or under the doctrine of equivalents.

friction.” (emphasis added).

literally or under the doctrine of equivalents.

indentation than the second magnetic material.…” (emphasis added).

literally or under the doctrine of equivalents.

magnetic material.” (emphasis added).

that depend therefrom, literally or under the doctrine of equivalents.

therefrom, literally or under the doctrine of equivalents.

indentation defined by said ring shape…” (emphasis added).

surface having an indentation defined by the ring shape…” (emphasis added).

therefrom, literally or under the doctrine of equivalents.

section.” (emphasis added).

in the table below:

Telebrands’ FASTBALL Product Figures of the D’959 Patent

claim of the D’959 Patent.

Telebrands’ FASTBALL Product Figures of the D’746 Patent

claim of the D’746 Patent.

incorporates them herein by reference.

use, sale, offer to sell, or importation of the FASTBALL Product.

63. Accordingly, Telebrands seeks a declaratory judgment, pursuant to 28 U.S.C. §§

sell, or importation of the FASTBALL Product.

64. Telebrands has no adequate remedy at law.

65. Accordingly, Telebrands seeks a declaratory judgment, pursuant to 28 U.S.C. §§

incorporates them herein by reference.

use, sale, offer to sell, or importation of the FASTBALL Product.

68. Accordingly, Telebrands seeks a declaratory judgment, pursuant to 28 U.S.C. §§

sell, or importation of the FASTBALL Product.

69. Telebrands has no adequate remedy at law.

70. Accordingly, Telebrands seeks a declaratory judgment, pursuant to 28 U.S.C. §§

incorporates them herein by reference.

use, sale, offer to sell, or importation of the FASTBALL Product.