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Case 2:19-cv-03469

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Document 1

Filed 04/26/19

Page ID #:1

John V. Picone III, Bar No. 187226
jpicone@hopkinscarley.com

Jeffrey M. Ratinoff, Bar No. 197241
jratinoff@hopkinscarley.com

HOPKINS & CARLEY A Law Corporation

1100 Town & Country Road, Suite 1250 Orange, CA 92868

mailing address:

P.O. Box 1469 San Jose, CA 95109-1469

Telephone: (408) 286-9800 Facsimile: (408) 998-4790

Michael E. Attaya, Esq. (BBO #548297) (pro hac

forthcoming)
mattaya@c-m.com

CESARI AND MCKENNA, LLP One Liberty Square, Suite 310 Boston, MA 02109 Telephone: (617) 951-2500 Facsimile: (617) 951-3927

Attorneys for Plaintiffs ES DISTRIBUTION, LLC, DACA DESIGN LLC, and BRODER BROS., CO.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

ES DISTRIBUTION, LLC, DACA DESIGN LLC, BRODER BROS., CO.,

Plaintiffs,

v.

99 CENTS ONLY STORES LLC,

Defendant.

Case No. 2-19-cv-3469

COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT

DEMAND FOR JURY TRIAL

HOPKINS & CARLEY

ATTORNEYS AT LAW

SAN JOSE

OPKINS & C ARLEY A TTORNEYS A T L AW S A N J OSE 614\3238769.4

614\3238769.4

COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT

PALO ALTO

Document 1

Filed 04/26/19

 

NATURE OF THIS ACTION

 

1.

This is an action by plaintiffs, ES Distribution, LLC, DACA Design

LLC, and Broder Bros., Co. (“Plaintiffs”) for patent infringement and breach of

contract (settlement agreement). Plaintiffs seek money damages, attorney’s fees,

and costs, as well as injunctive relief against further infringement.

 

PARTIES

 

2.

Plaintiff ES Distribution, LLC is a Delaware limited liability company

having a place of business 365 Boston Post Road, Box 266, Sudbury,

Massachusetts 01776 (“ESD”).

 

3.

Plaintiff DACA Design LLC is a New York limited liability company

have a place of business at 33 Lindbergh Street, Garden City, New York 11530

(“DACA”).

 
 

4.

Plaintiff Broder Bros., Co. is a Delaware corporation having a place of

business at 6 Neshaminy Interplex Drive, Trevose, Pennsylvania 19053 (“Broder”).

 

5.

Defendant 99 Cents Only Stores LLC is a California limited liability

company having a place of business at 4000 Union Pacific Avenue, City of

Commerce, California 90023 (“99 Cents” or “Defendant”). Upon information and

belief, 99 Cents may be served with process through its California registered

corporate agent CT Corporation (C0168406).

 

6.

JURISDICTION AND VENUE This is an action for patent infringement in violation of the Patent Act

of the United States, 35 U.S.C. §§ 1 et seq. This Court has subject matter

jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a) (patent

infringement).

 
 

7.

This Court has subject matter jurisdiction over this action pursuant to

28

U.S.C. § 1332 (diversity).

 

8.

This Court has subject matter jurisdiction over this action pursuant to

28

U.S.C. § 1367 (supplemental jurisdiction).

614\3238769.4

 

COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT

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SAN JOSE

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9.

Defendant is subject to this Court’s specific and general personal

jurisdiction pursuant to its substantial business in this forum including (i) at least a

portion of the patent infringements alleged herein; (ii) regularly doing or soliciting

business, engaging in other persistent courses of conduct, and/or deriving

substantial revenue from goods and services provided to individuals in California

and in this District; and (iii) being incorporated in this District.

10.

Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and

1400 because Defendant is incorporated and resides in this District; a substantial

part of the events or omissions giving rises to Plaintiffs’ claims occurred in this District; and Defendant has committed acts of infringement and has a regular and established place of business in this District. FACTS GIVING RISE TO THIS COMPLAINT

11.

On June 23, 2015, the United States Patent and Trademark Office

(“PTO”) duly and legally issued U.S. Patent No. 9,060,588 entitled “SECUREMENT APPARATUS FOR A PORTABLE ELECTRONIC DEVICE” (“’588 Patent”). A true and correct copy of the ’588 Patent is attached hereto as Exhibit A.

12.

Plaintiff DACA is the owner of the ’588 Patent by virtue of an

assignment of all right, title and interest in that Patent from the co-inventors to DACA.

13.

Broadly speaking, the ’588 Patent discloses and claims an apparatus

for holding a portable electronic device such as a smartphone. A user may secure the apparatus to an article of clothing, or a lanyard to wear around the neck, thus freeing the user’s hands.

14.

On March 28, 2017, the PTO duly and legally issued U.S. Design

Patent No. D782,185 entitled “MOBILE DEVICE HOLDER WITH POCKET” (“’185 Design Patent”). A true and correct copy of the ’185 Design Patent is attached hereto as Exhibit B.

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ATTORNEYS AT LAW

SAN JOSE

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15.

Plaintiff Broder is the owner of the ’185 Design Patent by virtue of a

series of assignments of all right, title and interest in that Patent from the co-

inventors to Broder.

16.

Broadly speaking, the ’185 Design Patent discloses and claims a

design for an apparatus for holding a portable electronic device such as a

smartphone.

17.

Plaintiff ESD is the exclusive licensee under the ’588 Patent for the

online and retail channels.

18. Plaintiff ESD is a licensee under the ’185 Design Patent. 19. Collectively, Plaintiffs hold all right, title and interest to the ’588

Patent and ’185 Design Patent, including but not limited to the rights to enforce those Patents and recover for past infringement.

20.

On or about August 15, 2018, ESD sent email to 99 Cents giving

written notice of 99 Cents’ infringement of both the ’588 Patent and ’185 Design Patent by a product called “BITRONICS GEAR Wrap Holder” (“Accused Product”). A true and correct copy of a photograph of an Accused Product is attached hereto as Exhibit C.

21.

On or about August 17, 2018, 99 Cents, by reply email, acknowledged

receipt of ESD’s written notice of infringement.

22.

Intermittent correspondence between ESD and 99 Cents, as well as

their respective counsel, regarding the dispute continued for several weeks during which 99 Cents provided information regarding its past sales and remaining inventory of Accused Product.

23.

On or about November 8, 2018, outside counsel for ESD sent a formal,

written settlement demand to outside counsel for 99 Cents. That settlement demand set forth all essential terms of a settlement including, without limitation, payment of a sum certain (lump sum) for past infringement as well as transfer of 99 Cents’ remaining inventory of Accused Product to ESD.

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SAN JOSE

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24.

The lump sum demanded by ESD, along with the profits ESD would

have realized by selling the remaining inventory of Accused Product, total well in

excess of $75,000.

25.

On or about December 5, 2018, a Senior Corporate Paralegal for 99

Cents sent email to ESD stating in relevant part: “I spoke with our Chief Legal

Officer, Mary Kasper, and she has reviewed the matter and instructed our

trademark/patent attorney to reach out to yours and settle the matter.”

26.

On or about December 13, 2018, outside counsel for 99 Cents sent

email to outside counsel for ESD stating in relevant part: “Thank you for your

email and letter dated November 8, 2018. We have now received confirmation from 99 Cents Only Stores that it will agree to the terms as proposed in your attached letter. If you need anything further from me to prepare the agreement, please let me know.”

27.

On or about December 14, 2018, outside counsel for ESD sent email

with an attached formal settlement agreement to outside counsel for 99 Cents.

28.

At no time did 99 Cents raise any objection regarding, nor request any

change to, the formal settlement agreement transmitted to its outside counsel on or about December 14, 2018.

29.

While 99 Cents never returned an executed copy of the formal

settlement agreement, the email communications between and among Plaintiff

ESD, Defendant 99 Cents, and their respective outside counsel, taken together, resulted in an enforceable settlement agreement between ESD and 99 Cents.

30.

99 Cents failed to perform any of its obligations under the settlement

agreement.

31.

99 Cents never paid ESD anything for its past infringement of the ’588

Patent or its past infringement of the ’185 Design Patent.

32.

99 Cents never transferred its remaining inventory of Accused Product

to ESD.

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COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT

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FIRST CAUSE OF ACTION

(Infringement of U.S. Patent No. 9,060,588)

33.

Plaintiffs reallege and incorporate by reference the allegations of

paragraphs 1-32 set forth above.

34.

Defendant has in the past and is currently infringing, directly or

indirectly, at least claims 1, 13, 21 and 24 of the ’588 Patent by using, selling,

offering for sale, or importing into the United States the Accused Product in

violation of 35 U.S.C. § 271.

35.

Defendant’s infringement of the ’588 Patent has been and continues to

be intentional, willful, and without regard to Plaintiffs’ rights. Defendant gained

actual knowledge of the ’588 Patent at least through direct communications with

Plaintiff ESD regarding its infringement of that patent. Defendant further gained actual knowledge of the ’588 Patent through the filing of this Complaint.

36.

Plaintiffs are informed and believe, and on that basis alleges that

Defendant has wrongfully gained profits by virtue of its infringement of the ’588 Patent.

37.

Plaintiffs have sustained damages as a direct and proximate result of

Defendant’s infringement of the ’588 Patent. Defendant is, thus, liable to Plaintiffs in an amount that adequately compensates Plaintiffs for Defendant’s infringement, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

38.

Defendant’s infringement of the ’588 Patent is willful and deliberate,

entitling Plaintiffs to enhanced damages under 35 U.S.C. § 284 and attorneys’ fees and non-taxable costs under 35 U.S.C. § 285.

 

SECOND CAUSE OF ACTION (Infringement of U.S. Design Patent No. D782,185)

39.

Plaintiffs reallege and incorporate by reference the allegations of

paragraphs 1-38 set forth above.

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40.

In violation of 35 U.S.C. § 271, Defendant has directly infringed the

’185 Design Patent at least by using, selling, offering for sale, or importing into the

United States the Accused Product.

41.

Defendant’s infringement of the ’185 Design Patent has been and

continues to be intentional, willful, and without regard to Plaintiffs’ rights.

Defendant gained actual knowledge of the ’185 Design Patent at least through

direct communications with Plaintiff ESD regarding its infringement of that patent.

Defendant further gained actual knowledge of the ’185 Design Patent through the

filing of this Complaint.

42.

Plaintiffs are informed and believe, and on that basis alleges that

Defendant has wrongfully gained profits by virtue of its infringement of the ’185 Design Patent.

43.

Plaintiffs have sustained damages as a direct and proximate result of

Defendant’s infringement of the ’185 Design Patent. Defendant is, thus, liable to Plaintiffs for at least Defendant’s total profit pursuant to 35 U.S.C. § 289, but in no event less than an amount that adequately compensates Plaintiffs for Defendant’s infringement, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.

44.

Defendant’s infringement of the ’185 Design Patent is willful and

deliberate, entitling Plaintiffs to enhanced damages under 35 U.S.C. § 284 and

attorneys’ fees and non-taxable costs under 35 U.S.C. § 285. THIRD CAUSE OF ACTION (Breach of Contract)

45.

Plaintiff ESD realleges and incorporates by reference the allegations of

paragraphs 1-44 set forth above.

46.

Defendant has breached the settlement agreement reached between

Plaintiff ESD and Defendant. / / /

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47.

Plaintiff ESD has suffered monetary damages and is entitled to a

monetary judgment in an amount adequate to make Plaintiff ESD whole under the

terms of the settlement agreement.

 

PRAYERS FOR RELIEF

WHEREFORE, Plaintiffs pray for relief as follows:

1.

That the Court enter a judgment finding that Defendant infringed the

’588 Patent;

2.

That the Court enter a judgment finding that Defendant infringed the

’185 Design Patent;

3. An accounting of all infringing sales and damages;

4. That Defendant and its officers, directors, employees, agents, affiliates,

subsidiaries, divisions, parents, and attorneys, and all persons acting on their behalf

or under their direction or control, and all successors thereto, be preliminarily and

permanently enjoined from further infringement;

5.

An award of damages pursuant to 35 U.S.C. §§ 284 and 288 sufficient

to compensate Plaintiffs for Defendant’s past infringement and any continuing or

future infringement up until the date Defendant is finally and permanently enjoined

from further infringement;

6.

An assessment of pre-judgment and post-judgment interest and costs

against Defendant, together with an award of such interest and costs, in accordance

with 35 U.S.C. § 285;

7.

A judgment awarding Plaintiffs treble damages, based on any

infringement found to be willful, pursuant to 35 U.S.C. § 284, together with

prejudgment interest;

8.

That Defendant be ordered to pay enhanced damages, including

Plaintiffs’ attorneys’ fees incurred in connection with this action pursuant to 35

U.S.C. §§ 284 and 285; and

/ / /

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SAN JOSE

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9.

That Plaintiffs be granted such other and further relief as this Court

may deem just and proper.

 

JURY DEMAND

Plaintiffs demand a trial by jury of all claims in this action so triable.

Dated: April 26, 2019

HOPKINS & CARLEY A Law Corporation

By: /s/ John V. Picone III

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John V. Picone III Jeffrey M. Ratinoff Attorneys for Plaintiffs ES DISTRIBUTION, LLC, DACA DESIGN LLC, BRODER BROS., CO.

COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT

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ATTORNEYS AT LAW

SAN JOSE

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PALO ALTO

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EXHIBIT A

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US009060588B2

Page ID #:11

(12)United States Patent

Bransfield et al.

(54) SECUREMENTAPPARATUS FORA

PORTABLE ELECTRONIC DEVICE

(71)

Applicant: Daca Design LLC, Garden City,NY (US)

(72)

Inventors: Nina Bransfield, GardenCity, NY (US); Brannen Brock, PortWashington, NY (US)

(73)

Assignee: Daca Design LLC, Garden City,NY (US)

(*)

Notice:

Subject to any disclaimer, the term of this

patent is extended or adjusted under 35 U.S.C. 154(b) by 69 days.

(21)

Appl.No.: 13/839,179

(22)

Filed:

Mar 15,2013

(65)

Prior Publication Data

US 2014/O259.538A1

Sep. 18, 2014

(51)

Int. C.

A45F3/04

(2006.01)

A45F 5/02

(2006.01)

A45F5/00

(2006.01)

(52)

U.S. C.

CPC

A45F 5/02(2013.01); Y10T29/49947

(2015.01);Y10T24/1397(2015.01);A45F

2005/006(2013.01);A45F2005/023(2013.01);

A45F2200/0516(2013.01)

(58)

Field of Classification Search

CPC

A45F

2200/0516; A45F 2200/008;

A45F 2200/0525; A45F 5/02; A45F 5/00;

F16M 13/04

USPC

224/250,254,930, 269, 677; D14/250,

D14/253, 251,252,440,447; D3/214

Seeapplicationfileforcompletesearchhistory.

84

(56)

(10) Patent No.:

(45) Date of Patent:

US 9,060,588 B2

Jun. 23, 2015

References Cited

U.S. PATENT DOCUMENTS

4,771,927 A

4,785,984 A

5,653,336 A

6,182,878 B1

6,345,751 B1

6,568,576 B1

D482,671 S

9, 1988 Ventura

11/1988 Seitz-Gangemi

8, 1997 Buonaiuto et al.

2/2001

2, 2002 Elliot

Racca

5/2003

Godshaw et al.

11/2003 DiDonato

6,662.986 B2 12/2003 Lehtonen

7,120,247 B1

7,270,255 B2

10/2006 Wade

9, 2007

Badillo et al.

7.431,251 B2 * 10/2008 Carnevali

D669,462 S

D693,580 S

10/2012 Avrahami et al.

11/2013 Baker

248,206.5

2004, OO69822

A1

4/2004 Condiff

 

2004/0069823

A1* 4/2004 Condiff

224/269

2011/003.6876 A1

2/2011

Fathollahi

224,191

2011/0284599 A1

11,2011 Sternick

2012/0024917

A1 2/2012 Case et

224,259

(Continued)

OTHER PUBLICATIONS

"Easy Macro Cell Lens Band. The Photojojo Store” http:// photojojo.com/storefawesomeness/macro-lens-band?—undated.

(Continued)

Primary Examiner— Adam Waggenspack

(74) Attorney, Agent, or Firm - Hoffmann & Baron, LLP

(57)

ABSTRACT

A securement apparatus for a portable electronic device

includinga body havinga panel and a plurality ofelastomeric

retainers secured to and extending from the panel. Each retainer forming a loop defining an opening, the openings

adapted to receive therein a corner of a handheld electronic device. A tether is connected to and extending from the body.

A strap is secured to the tether. An attachment device is

operably connected to the strap to secure the apparatus to a

member.

25 Claims, 7 Drawing Sheets

10

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US 9,060,588 B2

Page2

(56)

References Cited

U.S. PATENT DOCUMENTS

2012fOO63066 A1 3, 2012 Floit

2012/0091307 A1

4/2012 Haynes

2012/0091312 A1* 4/2012 Baker

2012/0267402 A1 10/2012 Beatty

2012fO285859 A1

11, 2012 Law et al.

248,682

OTHER PUBLICATIONS

“Bandi Wrap it up” http://www.ibondi.us/get-bondi?bandi-wrap it-up.html—undated.

“Bondi—Hang it on!” http://www.ibondi.us/get-bondi/bondi-hang

it-on.html—undated.

"Amazon.com:AmazonBasicsLetherFolioCoverwithMulti-Angle Adjustable Stand for the New iPad, iPad 2, iPad 1, and Samsung GalaxyTab 10.1(Black)'http://www.amazon.com/AmazonBasics

Leather-Multi-Angle-Adjustable-Samsung/dp/B005VTGBOS/

ref=sr 1 1?ie=UTF8&qid=1371052980&sr=8-1 &keywords amazonbasics--leather+multi-angle-undated. Design U.S. Appl. No. 29/449,128 to Nina Bransfield and Brannen

Brock, filedMar. 14,2013.

* cited by examiner

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U.S. Patent

10

Ya

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Jun. 23, 2015

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Sheet 1 of 7

66

s: A

15

6

62

Page 13 of 34

Page ID #:13

US 9,060,588 B2

64

7O

60

\

68

14

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Fig.3

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Fig.5

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1.

SECUREMENTAPPARATUS FOR A PORTABLE ELECTRONIC DEVICE

FIELD OF THE INVENTION

The present invention relates to a device for securing a portableelectronicdevice.Moreparticular,thepresentinven tion relates to an elastomeric apparatus securable to the device and the apparatus being securable to a user.

BACKGROUND

Portableelectronicdevices may includehandheld mobile devices such as cellphones, Smartphones, tablets, music/mp3 players,andcameras.Suchdevicesarebecomingevermore popular with users. Due to the portable nature of these devices, they can be placed in pockets of jackets, coats, pants or shirts in order to carry them around. This method of trans portation, however, makes the devices susceptible to being unintentionally dropped or otherwise separated from the user or their gear. This is especially the case as the devices become larger in order to provide larger viewing screens, such as is the casewithSmartphones. In certain situations, even if a device has a sturdy case, damage or loss may occur when it is dropped. The device may fall out of a user's pocket with the user being unaware, thereby leading to loss of the device. In addition, when a user engages in activities such as skiing or boating, if the elec tronic device were to become inadvertently separated from the good. user or theirgear, the device could easily become lost for

Certain attachment devices are known in the prior art for

securing mobile devices to users. These attachment devices typically include straps that require a dedicated opening in the device or the case in order to allow the strap to be attached. However, many ofthe current portable devices lack this fea ture, thereby making it difficult to attach a securement strap. Accordingly, it would be desirable to provide an apparatus that allows a handheld mobile electronic device to be safely secured to a user, their gear, or other member to which they wish to secure the apparatus.

SUMMARY OF THE INVENTION

The present invention provides an apparatus forsecuring a handheld electronic device to a user, theirgear, or other mem ber to which they wish to secure the apparatus. Thepresentinventionfurtherprovidesasecurementappa ratusforaportableelectronicdeviceincludingabodyhaving a panel and a plurality of elastomeric retainers secured to and extendingfromthepanel.Eachretainerformingaloopdefin ing an opening, the openings adapted to receive therein a

corner of a handheld electronic device. A tether is connected

to and extending from the body. A strap is secured to the tether. An attachment device is operably connected to the strap to secure the apparatus to a user. Thepresentinventionfurtherprovidesacellphonesecure ment device includingan elastomeric body having a plurality ofopenings formed therein. The body has a pluralityofbands extending from a central panel. The bands at least partially Surround the openings. Each of the openings is adapted to receive a corner ofa cell phone. The panel has four corners and ends of the bands join at each corner. A tether is secured to and extends from the body, and a strap is secured to the tether. An attachment device is operably connected to the strap. The attachment device is adapted to secure the appara

tus to a member.

10

15

25

30

35

40

45

50

55

60

65

2

The present invention further provides a method ofsecur ing a mobile electronic device to a member including, pro viding a securement apparatus including a body having a panel and a plurality of elastomeric retainers secured to and extendingfromthepanel,eachretainerformingaloopdefin ing an opening, the openings adapted to receive therein a

corner of a handheld electronic device; a tether connected to

and extending from the body; a strap secured to the tether; an

attachment device operably connected to the strap;

inserting a corner ofthe mobile device in one of the open ings and stretching the band defining the opening over a

surface ofthe mobile device;

stretchingtheremainingbandsovertheremainingcorners

ofthe mobile device wherein each corner ofthe model device

enters one of the openings of the securement apparatus, thereby securing the securement apparatus to the mobile

device;and

attaching the attachment device to the member.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a front perspective view of the securement device ofthe present invention.

FIG. 2 is a top plan view of a mobile device with the

securement device of FIG. 1 attached thereto. FIG. 3 is a back side view of a mobile device with the securement device attached thereto

FIG. 4 is a top plan view of the securement device.

FIG. 4A is a cross-sectional view taken along line 4A-4A

thereof.

FIG. 5 bottom elevational view of the securement device.

FIG. 6 side elevational view of the securement device.

FIG. 7 is a top end view of the securement device.

FIG. 8 is a bottom end view of the securement device.

FIG.9 is top plan view of a strap of the securement device. FIG. 9A is a cross-sectional view taken along line 9A-9A

of FIG. 9.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS

With reference to FIGS. 1-8, a securement apparatus 10 for securing a portable electronic device 11 to a member 13 is

shown.Theportableelectronicdevicemaybe,forexample,a cell phone, such as a Smartphone, beeper, tablet, handheld GPS, music/mp3 player orcamera. The member may include for example, a user, their clothing, bags or other gear, a

structure of a vehicle or boat or other member. The secure

ment apparatus 10, attaches to the portable electronic device 11, and the securement apparatus is then secured to a member in order to prevent its loss or damage. Ifthe electronic device 11 were to fall out of one’s, hand, pocket, or bag, it will remain attached to the user, for example, and not become lost

or damaged. The securement apparatus 10 includes a body 12 having a panel 14 and a plurality ofelastomeric retainers 16 securedto, and extending from, the panel 14. The retainers 16 may be in the form of elastic bands having ends which are operatively

secured to the panel 14. A tether 15 may extend outwardly from the body. In one embodiment, the body components and tether may be internally formed as one unitary piece. Alter natively, it is within the contemplation of the present inven tion that the different elements can be formed separately and

then joined together as manners well known in the art. The material used to form the body and tether may include an elastomer having a high degree of elasticity and resistance to

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tearing such as silicon rubber. However, other elastomers or materials having elastomeric properties could be used. The panel 14 may be generally centrically located and

includes four corners to which the end of the bands are

secured. In one embodiment, the panel 14 may take the shape ofa diamond having two side corners 18 and 20 and a top 22 and bottom 24 corner. In this disclosure, the terms top and bottom are used to help describe relative position but are not intended to define a particular orientation. Additionally, it is within the contemplation of the present invention that the panel 14 could be formed in different shapes. The central panel 14 may be formed of a relatively flat piece of elasto

meric material which allows it to stretch and return back to its

original configuration. The panel edges 26 may be reinforced by a rim 28. A groove 23 may be formed between the panel surface front surface 25 and the rim 28. A panel back surface 27 (FIG. 5) may be uniformly smooth throughout its surface. The rim 28 may be secured to the ends of the bands 16 such that portion. the bands are secured to the panel 14 at a reinforced The panel may be secured to a node 30. The node 30 is a reinforced portion of the body to which ends of two of the bands are connected to the panel top corner. The tether 15 is also secured to the node and extends outwardly in a direction opposed from that of the panel. The node 30 may have a generally triangular shape that tapers to a relatively narrow neck 32 to which the panel top corner 22 attaches. The node may have a thickness similar to the rim 28. The node 30 provides a strong securement location forthe various ele ments and helps to resist their separation. The plurality of bands 16 are resilient members that are

stretchable overa portionof an electronic device 11 aswill be

described below. The bands 16 may have a generally round cross-section with a diameter ofapproximately in the range of 0.05" to 0.25". It is further contemplated that the bands could be formed having other cross-sectional configuration Such as rectangular or elliptical. The bands form four openings 17 adapted to receive and accommodate the corners of the elec tronic device. The pluralityofbands 16 includes a firstpairof bands 34. One ofthe firstpairofbands 36 extends from a first side corner 18 up toward the node 30 which is attached to the top panel corner 22. A second band 38 ofthe firstpairextends from the opposite side corner 20 upwardly towards the node

30. The first pair of bands 34 each have a generally arcuate

configuration that bow outwardly from the panel when in the

relaxed un-stretched position as shown in FIGS. 1-3. A second pairofelastic bands 40 are also included. One of the second pair of bands 42 is corrected to the panel first side corner 18 and extends downwardly to the panel bottom corner

24. The second band 44 of the second pair extends down

wardly from the panel second side corner 20 toward the bottom corner 24. Accordingly, the bottom ends 46 of the second pair of bands are secured to the panel at Substantially

the same location. The second pair ofbands 40 have a gener

allyarcuateshapethatbowsoutwardlyfromthepanel14.The

band bottom ends 46 each and have a portion that extends beyond the bottom corner 24 and curve upwardly to join therewith,creatingaW-shapedstructure. The tether 15 attached to node 30 is an elongate member having a round distalend 50 includingan aperture 52 formed

therein. The tether is also formed of an elastomeric material

and may be integrally formed with the body. In cross-section, as shown in FIG. 4A, the tether may include a longitudinally extending groove 54 formed along the top and bottom side. With reference to FIGS. 1,9, and 9A, a strap 60 may be secured to the tether distal end 50. The strap 60 may be formed ofa variety of materials such as elastomer, (same or

10

15

25

30

35

40

45

50

55

60

65

4

differentfrom thematerial usedforthebody), wire,nylon, leatherstrapping,rope, cord,etc. The strap 60 may includean elongate body 61 having a round firstand second end 62 and 64. In one embodiment, the strap 60 may have a ring opening disposed at each end. A first ring opening 66 formed on first end 62 may be extended through the tetheraperture 52 allow ing a portion of the strap to be pulled there though. The strap second end 64 may then extend through the first end ring opening 66 in order to allow the strap to be secured to the

tether. In is within the contemplation of the present invention that alternative means of securing straps together such as those known in the art may be used. The strap second end 64 may include an second ring 68 to which an attachment device 70 is operatively connected

thereto.The attachment device70 may be in the form ofa clip, carabiner, clasp or other attachment device that may be removably attachable to a user (FIG. 1). For example, the attachment device may be secured to a member Such as piece ofthe user's clothing, e.g., a coat, pants,belt,belt loop,etc. In an alternative embodiment, the strap may be in the form of a necklanyard having a clasp of a type known in the art which

is securable to the tether. With the attachment device 70

secured to the member 13, if the portable device 11 were to fall out of a user's hand, pocket, or gear, it would remain

securedto the member 13,thereby preventing loss or damage. With reference to FIGS. 1, 2, and 3, the securement appa ratus 10 may be removably securable to a portable electronic device 11 such as a cell phone shown in dashed line. A portable device 11 may be placed into one ofthe four secure

ment apparatus openings 17. Due to the elastic nature of the bands 16, they can be stretched over the corner 90 of the

device.The remainingthreebands maythenbestretchedover

the other corners ofthe device such that all four corners ofthe

device are secured, as shown in FIGS. 2 and 3. The bands 16

resiliently engage the portable device 11 and retain the securement apparatus to the device 11. In addition, the elastic nature of the panel 14 allow itto stretch to help the securement apparatus fiton the mobile device. The securement apparatus may be secured to the phone such that the flat back surface 27

ofthe panel lays adjacent the phone. Due to the elastic nature of the panel 14 and bands 16, the apparatus 10 may be stretched to accommodate and resiliently engage portable

electronic devices of different sizes. Removal of the secure

ment apparatus 10 from the mobile device90 simply requires

stretching the bands 16 away from the mobile device 90 and pullingtheapparatusaway fromthedevice. When the securement apparatus is placed on to the mobile device,a portion ofthe bands 16 extend over the frontface of the cell phone as shown in FIG. 2. However, since the bands

extend just over the devices corners, they do not hinder the viewing of images on the device's screen. In addition, the resilient nature of the bands 16 help provide a degree of protection to the display when the portable device 11 is placed on a Surface with the display facing downwardly.

As shown in FIG. 3, when the securement apparatus is attached to the mobile device, the panel front surface 25 provides an area upon which graphics, images, or other indi cia 92 may be placed thereon. The back surface 27 may also include indicia (not shown) that would be visible when the

securement device is not attached to a mobile device.

It will be appreciated that variations of the above-disclosed and other features and functions, or alternative thereof, may be desirably combined into many other different systems or applications. Various presently unforeseen or unanticipated

alternatives, modifications, variations, or improvements therein may be subsequently made by those skilled in the art which are also intended to be encompassed by the following

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claims. In addition, the claims can encompass embodiments

in hardware, Software, or a combination thereof.

What is claimed is:

comprising: securement apparatus for a portable electronic device

a body having perimeter defining there within a solid, uninterrupted,elastomericpanelandthebodyincluding

a plurality of elastomeric retainers secured to and

extending from the panel forming at leastthree openings adapted to receive a corner of a portable electronic device, each retainer having an arcuate configuration forming a loop defining an opening, the openings adapted to receive therein a corner of the portable elec

tronic device, and wherein the retainers include four

retainers and each retainer includes an elongate band secured to the panel, the bands each having a generally

roundcross-section;

1.

A

a node secured to and extending upwardly from the panel, and two ofthe plurality of retainers extending from the node downwardly to the panel; and an elongate elastomeric tether connected to and extending upwardlyfromthenode.

The apparatus as defined in claim 1, wherein the plurality

2.

ofbands form a firstpair ofbands and a second pairofbands, the first pair of bands each have a first end connected to opposed sides of the panel and a second endjoined together at

the node.

3. The apparatus as defined in claim 2, wherein the second

pair of bands each have a first end secured to the opposed sides of the panel and a second end joined together at a

common point on a panel lower end.

4. The apparatus as defined in claim 3, wherein a body

lowerend includesajunction pointwherein thesecondend of each ofthe second pair ofbands join together.

5. The apparatus as defined in claim 2, wherein the node

includes a lower portion secured to the panel and an upper portion secured to the tether, and wherein the first pair of

bands are secured to the node at a location between the upper and lower portion ofthe node.

The apparatus as defined in claim 1, further including a

straphavingafirstandsecondend,thestrapfirstendbeing securedto the tetherand the strap second end being secured to an attachment device adapted to secure the apparatus to a

member.

7. The apparatus as defined in claim 1, whereintwo ends of

the plurality of retainers arejoined to each other at a common point on the body.

8. The apparatus as defined in claim 6, wherein the tether

includes a distal end having an aperture formed therein, and a portion ofthe strap extends through the aperture.

6.

10

15

25

30

35

40

45

50

9. The apparatus as defined in claim 1, wherein the panel

has a generally diamond-shaped configuration having four

corners and the node is secured to one of the four corners and

at least two

of the other corners are secured to retainers.

10. The apparatus as defined in claim 9, wherein the panel

is formed of a stretchable elastomeric material and has a first

side having a perimeter bounded by a rim.

11. The apparatus as defined in claim 1, wherein the body

and tetherare integrally formed from an elastomeric material.

The apparatus as defined in claim 11, wherein the

elastic material is selected from a group consisting of sili

12.

cone,latex,andrubber.

prising: 13.A portableelectronicdevicesecurementdevicecom an elastomeric body having at least three openings formed therein, the body having a plurality ofbands extending fromacentralpanel,thecentralpanelhavingaperimeter

55

60

65

6

rim definingthere within asolid, uninterruptedpanel, the bands at least partially Surrounding the openings,

each of the at least three openings adapted to receive a cornerofa portable electronic device, wherein the panel hasatopandabottom corneranda firstanda second opposed side corners and ends of a first and a second band of the plurality of bands join together at the first side cornerand a thirdand fourthband oftheplurality of

bands join together at the

second side corner; and

a tethersecured to and extending from the panel top corner.

14. The device as defined in claim 13, wherein the central

panel has a first Surface bounded by a rim, and a groove is disposedbetweenthepanelfrontsurfaceandtherim.

15. The device as defined in claim 13, wherein the bands

each have an arcuate configuration and extend outwardly beyond the perimeter ofthe panel.

16. The device as defined in claim 13, wherein the plurality

ofbands include four bands that define four openings.

17. The device as defined in claim 13, wherein the central

panel is an elastomeric stretchable member that has a firstand second opposed corners and an end oftwo of the bands are

secured to each of the first and second corners.

18. The device as defined in claim 13, wherein an attach

ment device is operably connected to the tether, and the attachment device is adapted to secure the securement device

to a member.

19. The apparatus as defined in claim 13, wherein the body

includesanodeextendingupwardlyfromthepaneltopcor

ner, and one ofthe firstand second bands and one ofthe third

and fourth bands extend from the node downwardly to the

panel. 20. The apparatus as defined in claim 13, wherein the

securement device is formed of a single unitary piece of

elastomeric material.

21. A method of securing a mobile electronic device to a

membercomprising:

obtainingasecurementapparatusincludingabodyhaving

an elastomeric, stretchable panel and a plurality ofelas tomeric retainers secured to and extending from the panel,thepanelhavingaperimeterrim definingthere within a solid, uninterrupted panel, the plurality of retainers forming at least three openings, the openings

adapted to receive therein a corner of a handheld elec tronicdevice;thesecurementapparatusfurtherinclud ing a tether connected to and extending from the body, wherein the securement apparatus is formed of a single unitary piece of elastomeric material; an attachment

device operably connected to the tether and inserting a corner ofthe mobile device in one of the open ingsandstretchingthebanddefiningtheopeningovera

surface ofthe mobile device; and

stretchingtheremainingbandsovertheremainingcorners

of the mobile device wherein each corner of the model

device enters one of the openings of the securement apparatus, thereby securing the securement apparatus to

the mobile device.

prising: 22.A portableelectronicdevicesecurementdevicecom an elastomeric stretchablebody havinga plurality ofopen ings formed therein,thebody havingapluralityofbands extendingfromacentralpanel,thecentralpanelhaving aperimeterrim definingthere withina Solid, uninter

rupted panel, the central panel having a first Surface bounded by a rim and a groove being disposed between the panel front surface and the rim, the bands at least

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partially surrounding the body openings and each of the

openings is adapted to receive a corner of a portable

electronicdevice;and

a tether secured to and extending from the body.

23.Asecurementapparatusforaportableelectronicdevice 5

comprising:

a body having perimeter defining there within a solid,

adapted to receive a corner of a portable electronic

device, each retainer having an arcuate configuration

forming a loop defining an opening, the openings

adapted to receive therein a corner of the portable elec

uninterrupted,elastomericpanelandthebodyincluding a plurality of elastomeric retainers secured to and

extending from the panel forming at least three openings 10

tronic device, and wherein the panel is formed of a 15

stretchableelastomericmaterialand hasa firstsidehav

ing a perimeterbounded by a rim;

a node secured to and extending upwardly from the panel,

and two of the plurality ofretainers extending from the node downwardly to the panel, and wherein the panel 20

has a generallydiamond-shaped configurationhaving

four corners and the node is secured to one of the four

corners and at least two of the other corners are secured

to retainers; and

an elongate elastomeric tether connected to and extending

upwardly from the node.

24.Asecurementapparatusforaportableelectronicdevice

comprising:

a body having perimeter defining there within a solid,

uninterrupted,elastomericpanelandthebodyincluding

a plurality of elastomeric retainers secured to and

extending from the panel forming at least three openings

adapted to receive a corner of a portable electronic

device, each retainer having an arcuate configuration

forming a loop defining an opening, the openings

adapted to receive therein a corner of the portable elec

tronicdevice;

a node secured to and extending upwardly from the panel,

and two of the plurality ofretainers extending from the

node downwardly to the panel; and

an elongate elastomeric tether connected to and extending

upwardly from thenode,and wherein the securement

apparatus is formed of a single unitary piece of elasto

meric material.

25. The securement apparatus as defined in claim 24, fur

ther including a strap removably secured to the tether.

ck

k

<

k

cic

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EXHIBIT B

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(12)United States Design Patent (10)PatentNo.:

Lederer

(45) Date of Patent:

US D782,185 S

. Mar. 28, 2017

(54)

MOBILE DEVICE HOLDER WITH POCKET

(71)

Applicant: Prime Resources Corp., Brideport, CT (US)

(72)

Inventor: Jeffrey Lederer, Greenwich, CT (US)

(73)

Assignee: Prime Resources Corp., Bridgeport, CT (US)

(**)

Term:

15 Years

(21)

Appl. No.: 29/533,949

(22)

Filed:

Jul. 23, 2015

(51)

LOC (10) Cl.

(52)

U.S. C.

USPC

D3/218: D3/247; D14/252

(58)

Field of Classification Search

USPC

D14/253, 432, 434, 440, 447, 439, 451,

 

D14/452, 457, 250, 251, 252: D12/415, D12/114, 420, 417, 223, 407, 177; D6/406.3, 406.4, 406.5, 406.6, 310, 407; D3/218, 208, 247, 249; D8/349;

455/575 1

 

CPC

HO4M 1/04; HO4M 1/06; HO4M 1/11:

 

H04M 1/12: F16M 13/00, B60R 11/00;

B60R 11/02: B60R 7/00; H05K 7/00; G03B 17/56; G03B 17/561; A45F 5/02

 

Seeapplication fileforcomplete searchhistory.

(56)

References Cited U.S. PATENT DOCUMENTS

6,662.986 B2 * 12/2003 Lehtonen

D659,384 S *

D673,162 S

5/2012 January

12/2012 Young

A45F 5/02

224,222

D3/218

D675,828 S

2/2013 Baker

D14/250

A45F 5/OO

224,217

(Continued)

OTHER PUBLICATIONS

This 'Just a Loop Cord Is the Simplest iPhone Case You're Ever Going to Find; accessed from www.ohgizmo.com; accessed on Nov.

(Continued)

Primary Examiner— Susan Bennett Hattan

Assistant Examiner— Janice Hallmark

D679,.693 S * 4/2013 Rashid

8,561,862 B2 * 10/2013 Foggiato

12, 2015; 5 pages.

(74) Attorney, Agent, or Firm — Myers Wolin, LLC

(57)

CLAM

The ornamental design for a mobile device holder with pocket, as shown and described.

DESCRIPTION

FIG. 1 is a front elevation view of a mobile device holder

with pocket showing my new design;

FIG. 2 is a left side elevation view thereof;

FIG. 3 is a right side elevation view thereof; FIG. 4 is a top view thereof;

FIG. 5 is a bottom view thereof; FIG. 6 is a rear elevation view thereof;

FIG. 7 is a cross-section taken along line 7-7 in FIG. 3:

FIG. 8 is a front elevation view of a second embodiment of

a mobile deviceholderwithpocket showing my new design;

FIG. 9 is a left side elevation view thereof;

FIG. 10 is a right side elevation view thereof; FIG. 11 is a top view thereof;

FIG. 12 is a bottom view thereof, and,

FIG. 13 is a rear elevation view thereof.

The broken lines in the drawings depict parts of the mobile device design. holder with pocket that form no part of the claimed

1 Claim, 5 Drawing Sheets

Case 2:19-cv-03469

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References Cited

U.S. PATENT DOCUMENTS

D693,580 S

11/2013 Baker

D697.305 S * 1/2014 Culver

D703,429 S * 4/2014 Morrison

8,714,422 B2 * 5/2014 Yu

D707.443 S * 6/2014 Dailey D707,965 S * 7/2014 Requa

D716,044 S * 10/2014 Wilk

D717,538 S * 11/2014 Bransfield

9,060,588 B2* 6/2015 Bransfield

D751,284 S * 3/2016 Kishimoto D758,724 S * 6/2016 Guest

D764,478 S *

8/2016 Radmard

D769,852 S * 10/2016 Godycki

D773,803 S * 12/2016 Larsen

12/2011

2011 O303709 A1

2013,0009032 A1 1/2013 Polletta et al.

2013,004.8514 A1 2/2013 Corcoran et al.

2013,0213838 A1

2014/009111.6 A1* 4, 2014 Yu

Wizikowski

8, 2013 Tsai et al.

2014/0152034 A1

6/2014 Tussy

2015,024973.0 A1* 9, 2015 Larsen

2015/02884.06 A1 10/2015 Haymond

US D782,185 S

Page 2

D2/639

D3/218

A45F 5/OO

224f197

D3/218

D3/247

D3/247

D3/218

A45F 5/02

D3/218

D3/247

HO4M 1,185

D14/250

D14/250

D14,253

A45F 5/OO

224,218

GO3B 17,561

29,428

OTHER PUBLICATIONS

Padlette; accessed from www.padlette.com on Nov. 12, 2015; 6

pages.

Crossover;www.quirky.com;iphone5siliconebandscase;accessed

Nov. 24, 2015; 4 pages.

* cited by examiner

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--------------------------------- y

FIG. I.

FIG. 5

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X.

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serversareer resertsverseer severestressesserversex

f

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FIG. 8

FIG. 12

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FIG 10

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