Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 1 of 34 Page ID #:1

1 John V. Picone III, Bar No. 187226

[email protected]
2 Jeffrey M. Ratinoff, Bar No. 197241
[email protected]
3 HOPKINS & CARLEY
A Law Corporation
4 1100 Town & Country Road, Suite 1250
Orange, CA 92868
5
mailing address:
6 P.O. Box 1469
San Jose, CA 95109-1469
7 Telephone: (408) 286-9800
Facsimile: (408) 998-4790
8
Michael E. Attaya, Esq. (BBO #548297) (pro hac
9 forthcoming)
[email protected]
10 CESARI AND MCKENNA, LLP
One Liberty Square, Suite 310
11 Boston, MA 02109
Telephone: (617) 951-2500
12 Facsimile: (617) 951-3927
13 Attorneys for Plaintiffs
ES DISTRIBUTION, LLC, DACA DESIGN LLC,
14 and BRODER BROS., CO.
15 UNITED STATES DISTRICT COURT
16 CENTRAL DISTRICT OF CALIFORNIA
17 WESTERN DIVISION
18 ES DISTRIBUTION, LLC, DACA Case No. 2-19-cv-3469
DESIGN LLC, BRODER BROS., CO.,
19 COMPLAINT FOR PATENT
Plaintiffs, INFRINGEMENT AND BREACH
20 OF CONTRACT
v.
21 DEMAND FOR JURY TRIAL
99 CENTS ONLY STORES LLC,
22
Defendant.
23
24
25
26
27
28
H OPKINS & C ARLEY
ATTORNEYS AT LAW 614\3238769.4
SAN JOSE PALO ALTO
COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 2 of 34 Page ID #:2

1 NATURE OF THIS ACTION

2 1. This is an action by plaintiffs, ES Distribution, LLC, DACA Design
3 LLC, and Broder Bros., Co. (“Plaintiffs”) for patent infringement and breach of
4 contract (settlement agreement). Plaintiffs seek money damages, attorney’s fees,
5 and costs, as well as injunctive relief against further infringement.
6 PARTIES
7 2. Plaintiff ES Distribution, LLC is a Delaware limited liability company
8 having a place of business 365 Boston Post Road, Box 266, Sudbury,
9 Massachusetts 01776 (“ESD”).
10 3. Plaintiff DACA Design LLC is a New York limited liability company
11 have a place of business at 33 Lindbergh Street, Garden City, New York 11530
12 (“DACA”).
13 4. Plaintiff Broder Bros., Co. is a Delaware corporation having a place of
14 business at 6 Neshaminy Interplex Drive, Trevose, Pennsylvania 19053 (“Broder”).
15 5. Defendant 99 Cents Only Stores LLC is a California limited liability
16 company having a place of business at 4000 Union Pacific Avenue, City of
17 Commerce, California 90023 (“99 Cents” or “Defendant”). Upon information and
18 belief, 99 Cents may be served with process through its California registered
19 corporate agent CT Corporation (C0168406).
20 JURISDICTION AND VENUE
21 6. This is an action for patent infringement in violation of the Patent Act
22 of the United States, 35 U.S.C. §§ 1 et seq. This Court has subject matter
23 jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a) (patent
24 infringement).
25 7. This Court has subject matter jurisdiction over this action pursuant to
26 28 U.S.C. § 1332 (diversity).
27 8. This Court has subject matter jurisdiction over this action pursuant to
28 28 U.S.C. § 1367 (supplemental jurisdiction).
H OPKINS & C ARLEY
ATTORNEYS AT LAW 614\3238769.4
SAN JOSE PALO ALTO
COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 3 of 34 Page ID #:3

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

2 jurisdiction pursuant to its substantial business in this forum including (i) at least a
3 portion of the patent infringements alleged herein; (ii) regularly doing or soliciting
4 business, engaging in other persistent courses of conduct, and/or deriving
5 substantial revenue from goods and services provided to individuals in California
6 and in this District; and (iii) being incorporated in this District.
7 10. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and
8 1400 because Defendant is incorporated and resides in this District; a substantial
9 part of the events or omissions giving rises to Plaintiffs’ claims occurred in this
10 District; and Defendant has committed acts of infringement and has a regular and
11 established place of business in this District.
12 FACTS GIVING RISE TO THIS COMPLAINT
13 11. On June 23, 2015, the United States Patent and Trademark Office
14 (“PTO”) duly and legally issued U.S. Patent No. 9,060,588 entitled
15 “SECUREMENT APPARATUS FOR A PORTABLE ELECTRONIC DEVICE”
16 (“’588 Patent”). A true and correct copy of the ’588 Patent is attached hereto as
17 Exhibit A.
18 12. Plaintiff DACA is the owner of the ’588 Patent by virtue of an
19 assignment of all right, title and interest in that Patent from the co-inventors to
20 DACA.
21 13. Broadly speaking, the ’588 Patent discloses and claims an apparatus
22 for holding a portable electronic device such as a smartphone. A user may secure
23 the apparatus to an article of clothing, or a lanyard to wear around the neck, thus
24 freeing the user’s hands.
25 14. On March 28, 2017, the PTO duly and legally issued U.S. Design
26 Patent No. D782,185 entitled “MOBILE DEVICE HOLDER WITH POCKET”
27 (“’185 Design Patent”). A true and correct copy of the ’185 Design Patent is
28 attached hereto as Exhibit B.
H OPKINS & C ARLEY
ATTORNEYS AT LAW 614\3238769.4 -3-
SAN JOSE PALO ALTO
COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 4 of 34 Page ID #:4

1 15. Plaintiff Broder is the owner of the ’185 Design Patent by virtue of a
2 series of assignments of all right, title and interest in that Patent from the co-
3 inventors to Broder.
4 16. Broadly speaking, the ’185 Design Patent discloses and claims a
5 design for an apparatus for holding a portable electronic device such as a
6 smartphone.
7 17. Plaintiff ESD is the exclusive licensee under the ’588 Patent for the
8 online and retail channels.
9 18. Plaintiff ESD is a licensee under the ’185 Design Patent.
10 19. Collectively, Plaintiffs hold all right, title and interest to the ’588
11 Patent and ’185 Design Patent, including but not limited to the rights to enforce
12 those Patents and recover for past infringement.
13 20. On or about August 15, 2018, ESD sent email to 99 Cents giving
14 written notice of 99 Cents’ infringement of both the ’588 Patent and ’185 Design
15 Patent by a product called “BITRONICS GEAR Wrap Holder” (“Accused
16 Product”). A true and correct copy of a photograph of an Accused Product is
17 attached hereto as Exhibit C.
18 21. On or about August 17, 2018, 99 Cents, by reply email, acknowledged
19 receipt of ESD’s written notice of infringement.
20 22. Intermittent correspondence between ESD and 99 Cents, as well as
21 their respective counsel, regarding the dispute continued for several weeks during
22 which 99 Cents provided information regarding its past sales and remaining
23 inventory of Accused Product.
24 23. On or about November 8, 2018, outside counsel for ESD sent a formal,
25 written settlement demand to outside counsel for 99 Cents. That settlement demand
26 set forth all essential terms of a settlement including, without limitation, payment of
27 a sum certain (lump sum) for past infringement as well as transfer of 99 Cents’
28 remaining inventory of Accused Product to ESD.
H OPKINS & C ARLEY
ATTORNEYS AT LAW 614\3238769.4 -4-
SAN JOSE PALO ALTO
COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 5 of 34 Page ID #:5

1 24. The lump sum demanded by ESD, along with the profits ESD would
2 have realized by selling the remaining inventory of Accused Product, total well in
3 excess of $75,000.
4 25. On or about December 5, 2018, a Senior Corporate Paralegal for 99
5 Cents sent email to ESD stating in relevant part: “I spoke with our Chief Legal
6 Officer, Mary Kasper, and she has reviewed the matter and instructed our
7 trademark/patent attorney to reach out to yours and settle the matter.”
8 26. On or about December 13, 2018, outside counsel for 99 Cents sent
9 email to outside counsel for ESD stating in relevant part: “Thank you for your
10 email and letter dated November 8, 2018. We have now received confirmation
11 from 99 Cents Only Stores that it will agree to the terms as proposed in your
12 attached letter. If you need anything further from me to prepare the agreement,
13 please let me know.”
14 27. On or about December 14, 2018, outside counsel for ESD sent email
15 with an attached formal settlement agreement to outside counsel for 99 Cents.
16 28. At no time did 99 Cents raise any objection regarding, nor request any
17 change to, the formal settlement agreement transmitted to its outside counsel on or
18 about December 14, 2018.
19 29. While 99 Cents never returned an executed copy of the formal
20 settlement agreement, the email communications between and among Plaintiff
21 ESD, Defendant 99 Cents, and their respective outside counsel, taken together,
22 resulted in an enforceable settlement agreement between ESD and 99 Cents.
23 30. 99 Cents failed to perform any of its obligations under the settlement
24 agreement.
25 31. 99 Cents never paid ESD anything for its past infringement of the ’588
26 Patent or its past infringement of the ’185 Design Patent.
27 32. 99 Cents never transferred its remaining inventory of Accused Product
28 to ESD.
H OPKINS & C ARLEY
ATTORNEYS AT LAW 614\3238769.4 -5-
SAN JOSE PALO ALTO
COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 6 of 34 Page ID #:6

1 FIRST CAUSE OF ACTION

2 (Infringement of U.S. Patent No. 9,060,588)
3 33. Plaintiffs reallege and incorporate by reference the allegations of
4 paragraphs 1-32 set forth above.
5 34. Defendant has in the past and is currently infringing, directly or
6 indirectly, at least claims 1, 13, 21 and 24 of the ’588 Patent by using, selling,
7 offering for sale, or importing into the United States the Accused Product in
8 violation of 35 U.S.C. § 271.
9 35. Defendant’s infringement of the ’588 Patent has been and continues to
10 be intentional, willful, and without regard to Plaintiffs’ rights. Defendant gained
11 actual knowledge of the ’588 Patent at least through direct communications with
12 Plaintiff ESD regarding its infringement of that patent. Defendant further gained
13 actual knowledge of the ’588 Patent through the filing of this Complaint.
14 36. Plaintiffs are informed and believe, and on that basis alleges that
15 Defendant has wrongfully gained profits by virtue of its infringement of the ’588
16 Patent.
17 37. Plaintiffs have sustained damages as a direct and proximate result of
18 Defendant’s infringement of the ’588 Patent. Defendant is, thus, liable to Plaintiffs
19 in an amount that adequately compensates Plaintiffs for Defendant’s infringement,
20 which, by law, cannot be less than a reasonable royalty, together with interest and
21 costs as fixed by this Court under 35 U.S.C. § 284.
22 38. Defendant’s infringement of the ’588 Patent is willful and deliberate,
23 entitling Plaintiffs to enhanced damages under 35 U.S.C. § 284 and attorneys’ fees
24 and non-taxable costs under 35 U.S.C. § 285.
25 SECOND CAUSE OF ACTION
26 (Infringement of U.S. Design Patent No. D782,185)
27 39. Plaintiffs reallege and incorporate by reference the allegations of
28 paragraphs 1-38 set forth above.
H OPKINS & C ARLEY
ATTORNEYS AT LAW 614\3238769.4 -6-
SAN JOSE PALO ALTO
COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 7 of 34 Page ID #:7

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

2 ’185 Design Patent at least by using, selling, offering for sale, or importing into the
3 United States the Accused Product.
4 41. Defendant’s infringement of the ’185 Design Patent has been and
5 continues to be intentional, willful, and without regard to Plaintiffs’ rights.
6 Defendant gained actual knowledge of the ’185 Design Patent at least through
7 direct communications with Plaintiff ESD regarding its infringement of that patent.
8 Defendant further gained actual knowledge of the ’185 Design Patent through the
9 filing of this Complaint.
10 42. Plaintiffs are informed and believe, and on that basis alleges that
11 Defendant has wrongfully gained profits by virtue of its infringement of the ’185
12 Design Patent.
13 43. Plaintiffs have sustained damages as a direct and proximate result of
14 Defendant’s infringement of the ’185 Design Patent. Defendant is, thus, liable to
15 Plaintiffs for at least Defendant’s total profit pursuant to 35 U.S.C. § 289, but in no
16 event less than an amount that adequately compensates Plaintiffs for Defendant’s
17 infringement, which, by law, cannot be less than a reasonable royalty, together with
18 interest and costs as fixed by this Court under 35 U.S.C. § 284.
19 44. Defendant’s infringement of the ’185 Design Patent is willful and
20 deliberate, entitling Plaintiffs to enhanced damages under 35 U.S.C. § 284 and
21 attorneys’ fees and non-taxable costs under 35 U.S.C. § 285.
22 THIRD CAUSE OF ACTION
23 (Breach of Contract)
24 45. Plaintiff ESD realleges and incorporates by reference the allegations of
25 paragraphs 1-44 set forth above.
26 46. Defendant has breached the settlement agreement reached between
27 Plaintiff ESD and Defendant.
28 ///
H OPKINS & C ARLEY
ATTORNEYS AT LAW 614\3238769.4 -7-
SAN JOSE PALO ALTO
COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 8 of 34 Page ID #:8

1 47. Plaintiff ESD has suffered monetary damages and is entitled to a

2 monetary judgment in an amount adequate to make Plaintiff ESD whole under the
3 terms of the settlement agreement.
4 PRAYERS FOR RELIEF
5 WHEREFORE, Plaintiffs pray for relief as follows:
6 1. That the Court enter a judgment finding that Defendant infringed the
7 ’588 Patent;
8 2. That the Court enter a judgment finding that Defendant infringed the
9 ’185 Design Patent;
10 3. An accounting of all infringing sales and damages;
11 4. That Defendant and its officers, directors, employees, agents, affiliates,
12 subsidiaries, divisions, parents, and attorneys, and all persons acting on their behalf
13 or under their direction or control, and all successors thereto, be preliminarily and
14 permanently enjoined from further infringement;
15 5. An award of damages pursuant to 35 U.S.C. §§ 284 and 288 sufficient
16 to compensate Plaintiffs for Defendant’s past infringement and any continuing or
17 future infringement up until the date Defendant is finally and permanently enjoined
18 from further infringement;
19 6. An assessment of pre-judgment and post-judgment interest and costs
20 against Defendant, together with an award of such interest and costs, in accordance
21 with 35 U.S.C. § 285;
22 7. A judgment awarding Plaintiffs treble damages, based on any
23 infringement found to be willful, pursuant to 35 U.S.C. § 284, together with
24 prejudgment interest;
25 8. That Defendant be ordered to pay enhanced damages, including
26 Plaintiffs’ attorneys’ fees incurred in connection with this action pursuant to 35
27 U.S.C. §§ 284 and 285; and
28 ///
H OPKINS & C ARLEY
ATTORNEYS AT LAW 614\3238769.4 -8-
SAN JOSE PALO ALTO
COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 9 of 34 Page ID #:9

1 9. That Plaintiffs be granted such other and further relief as this Court
2 may deem just and proper.
3 JURY DEMAND
4 Plaintiffs demand a trial by jury of all claims in this action so triable.
5 Dated: April 26, 2019 HOPKINS & CARLEY
A Law Corporation
6
7
By: /s/ John V. Picone III
8 John V. Picone III
Jeffrey M. Ratinoff
9 Attorneys for Plaintiffs
ES DISTRIBUTION, LLC, DACA
10 DESIGN LLC, BRODER BROS.,
CO.
11
12
13
14
15
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17
18
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H OPKINS & C ARLEY
ATTORNEYS AT LAW 614\3238769.4 -9-
SAN JOSE PALO ALTO
COMPLAINT FOR PATENT INFRINGEMENT AND BREACH OF CONTRACT
Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 10 of 34 Page ID #:10

EXHIBIT A
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 11 of 34 Page ID #:11
US009060588B2

(12) United States Patent (10) Patent No.: US 9,060,588 B2

Bransfield et al. (45) Date of Patent: Jun. 23, 2015

(54) SECUREMENT APPARATUS FOR A (56) References Cited

PORTABLE ELECTRONIC DEVICE
U.S. PATENT DOCUMENTS
(71) Applicant: Daca Design LLC, Garden City, NY 4,771,927 A 9, 1988 Ventura
(US) 4,785,984 A 11/1988 Seitz-Gangemi
5,653,336 A 8, 1997 Buonaiuto et al.
(72) Inventors: Nina Bransfield, Garden City, NY (US); 6,182,878 B1 2/2001 Racca
Brannen Brock, Port Washington, NY 6,345,751 B1 2, 2002 Elliot
6,568,576 B1 5/2003 Godshaw et al.
(US) D482,671 S 11/2003 DiDonato
6,662.986 B2 12/2003 Lehtonen
(73) Assignee: Daca Design LLC, Garden City, NY 7,120,247 B1 10/2006 Wade
(US) 7,270,255 B2 9, 2007 Badillo et al.
7.431,251 B2 * 10/2008 Carnevali ................... 248,206.5
D669,462 S 10/2012 Avrahami et al.
(*) Notice: Subject to any disclaimer, the term of this D693,580 S 11/2013 Baker
patent is extended or adjusted under 35 2004, OO69822 A1 4/2004 Condiff
U.S.C. 154(b) by 69 days. 2004/0069823 A1* 4/2004 Condiff ......................... 224/269
2011/003.6876 A1 2/2011 Fathollahi ..................... 224,191
2011/0284599 A1 11, 2011 Sternick
(21) Appl. No.: 13/839,179 2012/0024917 A1 2/2012 Case et al. .................... 224,259

(22) Filed: Mar 15, 2013 (Continued)

OTHER PUBLICATIONS
(65) Prior Publication Data
"Easy Macro Cell Lens Band. The Photojojo Store” http://
US 2014/O259.538A1 Sep. 18, 2014 photojojo.com/storefawesomeness/macro-lens-band?—undated.
(51) Int. C. (Continued)
A45F3/04 (2006.01)
A45F 5/02 (2006.01) Primary Examiner — Adam Waggenspack
A 45F5/00 (2006.01) (74) Attorney, Agent, or Firm - Hoffmann & Baron, LLP
(52) U.S. C. (57) ABSTRACT
CPC ............. A45F 5/02 (2013.01); Y10T 29/49947
(2015.01); Y10T 24/1397 (2015.01); A45F A securement apparatus for a portable electronic device
2005/006 (2013.01); A45F 2005/023 (2013.01); including a body having a panel and a plurality of elastomeric
A45F 2200/0516 (2013.01) retainers secured to and extending from the panel. Each
retainer forming a loop defining an opening, the openings
(58) Field of Classification Search
adapted to receive therein a corner of a handheld electronic
CPC .................. A45F 2200/0516; A45F 2200/008; device. A tether is connected to and extending from the body.
A45F 2200/0525; A45F 5/02; A45F 5/00; A strap is secured to the tether. An attachment device is
F16M 13/04 operably connected to the strap to secure the apparatus to a
USPC ......... 224/250, 254,930, 269, 677; D14/250, member.
D14/253, 251, 252, 440, 447; D3/214
See application file for complete search history. 25 Claims, 7 Drawing Sheets

84

10
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US 9,060,588 B2
Page 2

(56) References Cited “Bondi—Hang it on!” http://www.ibondi.us/get-bondi/bondi-hang

it-on.html—undated.
U.S. PATENT DOCUMENTS "Amazon.com: AmazonBasics Lether Folio Cover with Multi-Angle
2012fOO63066 A1 3, 2012 Floit
Adjustable Stand for the New iPad, iPad 2, iPad 1, and Samsung
2012/0091307 A1 4/2012 Haynes Galaxy Tab 10.1 (Black)' http://www.amazon.com/AmazonBasics
2012/009 1312 A1* 4/2012 Baker ........................... 248,682 Leather-Multi-Angle-Adjustable-Samsung/dp/B005VTGBOS/
2012/0267402 A1 10/2012 Beatty ref=sr 1 1?ie=UTF8&qid=1371052980&sr=8-1
2012fO285859 A1 11, 2012 Law et al. &keywords amazonbasics--leather+multi-angle-undated.
OTHER PUBLICATIONS Design U.S. Appl. No. 29/449,128 to Nina Bransfield and Brannen
Brock, filed Mar. 14, 2013.
“Bandi Wrap it up” http://www.ibondi.us/get-bondi?bandi-wrap
it-up.html—undated. * cited by examiner
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 13 of 34 Page ID #:13

U.S. Patent Jun. 23, 2015 Sheet 1 of 7 US 9,060,588 B2

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64

68

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s: (£A 62
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U.S. Patent Jun. 23, 2015 Sheet 2 of 7 US 9,060,588 B2

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U.S. Patent Jun. 23, 2015 Sheet 3 of 7 US 9,060,588 B2

Fig. 3
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U.S. Patent Jun. 23, 2015 Sheet 4 of 7 US 9,060,588 B2

 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 17 of 34 Page ID #:17

U.S. Patent Jun. 23, 2015 Sheet 5 Of 7 US 9,060,588 B2

Fig. 5

* (O)
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 18 of 34 Page ID #:18

U.S. Patent Jun. 23, 2015 Sheet 6 of 7 US 9,060,588 B2

Fig. 6
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 19 of 34 Page ID #:19

U.S. Patent Jun. 23, 2015 Sheet 7 Of 7 US 9,060,588 B2

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 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 20 of 34 Page ID #:20

US 9,060,588 B2
1. 2
SECUREMENTAPPARATUS FOR A The present invention further provides a method of secur
PORTABLE ELECTRONIC DEVICE ing a mobile electronic device to a member including, pro
viding a securement apparatus including a body having a
FIELD OF THE INVENTION panel and a plurality of elastomeric retainers secured to and
extending from the panel, each retainer forming a loop defin
The present invention relates to a device for securing a ing an opening, the openings adapted to receive therein a
portable electronic device. More particular, the present inven corner of a handheld electronic device; a tether connected to
tion relates to an elastomeric apparatus securable to the and extending from the body; a strap secured to the tether; an
device and the apparatus being securable to a user. attachment device operably connected to the strap;
10
BACKGROUND
inserting a corner of the mobile device in one of the open
ings and stretching the band defining the opening over a
surface of the mobile device;
Portable electronic devices may include handheld mobile stretching the remaining bands over the remaining corners
devices such as cellphones, Smartphones, tablets, music/mp3 of the mobile device wherein each corner of the model device
players, and cameras. Such devices are becoming ever more 15
enters one of the openings of the securement apparatus,
popular with users. Due to the portable nature of these thereby securing the securement apparatus to the mobile
devices, they can be placed in pockets of jackets, coats, pants
or shirts in order to carry them around. This method of trans device; and
portation, however, makes the devices susceptible to being attaching the attachment device to the member.
unintentionally dropped or otherwise separated from the user BRIEF DESCRIPTION OF THE DRAWINGS
or their gear. This is especially the case as the devices become
larger in order to provide larger viewing screens, such as is the
case with Smartphones. FIG. 1 is a front perspective view of the securement device
In certain situations, even if a device has a sturdy case, of the present invention.
damage or loss may occur when it is dropped. The device may 25 FIG. 2 is a top plan view of a mobile device with the
fall out of a user's pocket with the user being unaware, securement device of FIG. 1 attached thereto.
thereby leading to loss of the device. In addition, when a user FIG. 3 is a back side view of a mobile device with the
engages in activities such as skiing or boating, if the elec securement device attached thereto
tronic device were to become inadvertently separated from FIG. 4 is a top plan view of the securement device.
the user or their gear, the device could easily become lost for 30 FIG. 4A is a cross-sectional view taken along line 4A-4A
good. thereof.
Certain attachment devices are known in the prior art for FIG. 5 bottom elevational view of the securement device.
securing mobile devices to users. These attachment devices FIG. 6 side elevational view of the securement device.
typically include straps that require a dedicated opening in the FIG. 7 is a top end view of the securement device.
device or the case in order to allow the strap to be attached. 35 FIG. 8 is a bottom end view of the securement device.
However, many of the current portable devices lack this fea FIG.9 is top plan view of a strap of the securement device.
ture, thereby making it difficult to attach a securement strap. FIG. 9A is a cross-sectional view taken along line 9A-9A
Accordingly, it would be desirable to provide an apparatus of FIG. 9.
that allows a handheld mobile electronic device to be safely
secured to a user, their gear, or other member to which they 40 DETAILED DESCRIPTION OF THE PREFERRED
wish to secure the apparatus. EMBODIMENTS

SUMMARY OF THE INVENTION With reference to FIGS. 1-8, a securement apparatus 10 for
securing a portable electronic device 11 to a member 13 is
The present invention provides an apparatus for securing a 45 shown. The portable electronic device may be, for example, a
handheld electronic device to a user, their gear, or other mem cell phone, such as a Smartphone, beeper, tablet, handheld
ber to which they wish to secure the apparatus. GPS, music/mp3 player or camera. The member may include
The present invention further provides a securement appa for example, a user, their clothing, bags or other gear, a
ratus for a portable electronic device including a body having structure of a vehicle or boat or other member. The secure
a panel and a plurality of elastomeric retainers secured to and 50 ment apparatus 10, attaches to the portable electronic device
extending from the panel. Each retainer forming a loop defin 11, and the securement apparatus is then secured to a member
ing an opening, the openings adapted to receive therein a in order to prevent its loss or damage. If the electronic device
corner of a handheld electronic device. A tether is connected 11 were to fall out of one’s, hand, pocket, or bag, it will
to and extending from the body. A strap is secured to the remain attached to the user, for example, and not become lost
tether. An attachment device is operably connected to the 55 or damaged.
strap to secure the apparatus to a user. The securement apparatus 10 includes a body 12 having a
The present invention further provides a cellphone secure panel 14 and a plurality of elastomeric retainers 16 secured to,
ment device including an elastomeric body having a plurality and extending from, the panel 14. The retainers 16 may be in
of openings formed therein. The body has a plurality of bands the form of elastic bands having ends which are operatively
extending from a central panel. The bands at least partially 60 secured to the panel 14. A tether 15 may extend outwardly
Surround the openings. Each of the openings is adapted to from the body. In one embodiment, the body components and
receive a corner of a cell phone. The panel has four corners tether may be internally formed as one unitary piece. Alter
and ends of the bands join at each corner. A tether is secured natively, it is within the contemplation of the present inven
to and extends from the body, and a strap is secured to the tion that the different elements can be formed separately and
tether. An attachment device is operably connected to the 65 then joined together as manners well known in the art. The
strap. The attachment device is adapted to secure the appara material used to form the body and tether may include an
tus to a member. elastomer having a high degree of elasticity and resistance to
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 21 of 34 Page ID #:21

US 9,060,588 B2
3 4
tearing such as silicon rubber. However, other elastomers or different from the material used for the body), wire, nylon,
materials having elastomeric properties could be used. leather strapping, rope, cord, etc. The strap 60 may include an
The panel 14 may be generally centrically located and elongate body 61 having a round first and second end 62 and
includes four corners to which the end of the bands are 64. In one embodiment, the strap 60 may have a ring opening
secured. In one embodiment, the panel 14 may take the shape disposed at each end. A first ring opening 66 formed on first
of a diamond having two side corners 18 and 20 and a top 22 end 62 may be extended through the tetheraperture 52 allow
and bottom 24 corner. In this disclosure, the terms top and ing a portion of the strap to be pulled there though. The strap
bottom are used to help describe relative position but are not second end 64 may then extend through the first end ring
intended to define a particular orientation. Additionally, it is opening 66 in order to allow the strap to be secured to the
within the contemplation of the present invention that the 10 tether. In is within the contemplation of the present invention
panel 14 could be formed in different shapes. The central that alternative means of securing straps together such as
panel 14 may be formed of a relatively flat piece of elasto those known in the art may be used.
meric material which allows it to stretch and return back to its The strap second end 64 may include an second ring 68 to
original configuration. The panel edges 26 may be reinforced which an attachment device 70 is operatively connected
by a rim 28. A groove 23 may be formed between the panel 15 thereto. The attachment device 70 may be in the form of a clip,
surface front surface 25 and the rim 28. A panel back surface carabiner, clasp or other attachment device that may be
27 (FIG. 5) may be uniformly smooth throughout its surface. removably attachable to a user (FIG. 1). For example, the
The rim 28 may be secured to the ends of the bands 16 such attachment device may be secured to a member Such as piece
that the bands are secured to the panel 14 at a reinforced of the user's clothing, e.g., a coat, pants, belt, belt loop, etc. In
portion. an alternative embodiment, the strap may be in the form of a
The panel may be secured to a node 30. The node 30 is a necklanyard having a clasp of a type known in the art which
reinforced portion of the body to which ends of two of the is securable to the tether. With the attachment device 70
bands are connected to the panel top corner. The tether 15 is secured to the member 13, if the portable device 11 were to
also secured to the node and extends outwardly in a direction fall out of a user's hand, pocket, or gear, it would remain
opposed from that of the panel. The node 30 may have a 25 secured to the member 13, thereby preventing loss or damage.
generally triangular shape that tapers to a relatively narrow With reference to FIGS. 1, 2, and 3, the securement appa
neck 32 to which the panel top corner 22 attaches. The node ratus 10 may be removably securable to a portable electronic
may have a thickness similar to the rim 28. The node 30 device 11 such as a cell phone shown in dashed line. A
provides a strong securement location for the various ele portable device 11 may be placed into one of the four secure
ments and helps to resist their separation. 30 ment apparatus openings 17. Due to the elastic nature of the
The plurality of bands 16 are resilient members that are bands 16, they can be stretched over the corner 90 of the
stretchable over a portion of an electronic device 11 as will be device. The remaining three bands may then be stretched over
described below. The bands 16 may have a generally round the other corners of the device such that all four corners of the
cross-section with a diameter of approximately in the range of device are secured, as shown in FIGS. 2 and 3. The bands 16
0.05" to 0.25". It is further contemplated that the bands could 35 resiliently engage the portable device 11 and retain the
be formed having other cross-sectional configuration Such as securement apparatus to the device 11. In addition, the elastic
rectangular or elliptical. The bands form four openings 17 nature of the panel 14 allow it to stretch to help the securement
adapted to receive and accommodate the corners of the elec apparatus fit on the mobile device. The securement apparatus
tronic device. The plurality of bands 16 includes a first pair of may be secured to the phone such that the flat back surface 27
bands 34. One of the first pair of bands 36 extends from a first 40 of the panel lays adjacent the phone. Due to the elastic nature
side corner 18 up toward the node 30 which is attached to the of the panel 14 and bands 16, the apparatus 10 may be
top panel corner 22. A second band 38 of the first pair extends stretched to accommodate and resiliently engage portable
from the opposite side corner 20 upwardly towards the node electronic devices of different sizes. Removal of the secure
30. The first pair of bands 34 each have a generally arcuate ment apparatus 10 from the mobile device 90 simply requires
configuration that bow outwardly from the panel when in the 45 stretching the bands 16 away from the mobile device 90 and
relaxed un-stretched position as shown in FIGS. 1-3. pulling the apparatus away from the device.
A second pair of elastic bands 40 are also included. One of When the securement apparatus is placed on to the mobile
the second pair of bands 42 is corrected to the panel first side device, a portion of the bands 16 extend over the front face of
corner 18 and extends downwardly to the panel bottom corner the cell phone as shown in FIG. 2. However, since the bands
24. The second band 44 of the second pair extends down 50 extend just over the devices corners, they do not hinder the
wardly from the panel second side corner 20 toward the viewing of images on the device's screen. In addition, the
bottom corner 24. Accordingly, the bottom ends 46 of the resilient nature of the bands 16 help provide a degree of
second pair of bands are secured to the panel at Substantially protection to the display when the portable device 11 is placed
the same location. The second pair of bands 40 have a gener on a Surface with the display facing downwardly.
ally arcuate shape that bows outwardly from the panel 14. The 55 As shown in FIG. 3, when the securement apparatus is
band bottom ends 46 each and have a portion that extends attached to the mobile device, the panel front surface 25
beyond the bottom corner 24 and curve upwardly to join provides an area upon which graphics, images, or other indi
therewith, creating a W-shaped structure. cia 92 may be placed thereon. The back surface 27 may also
The tether 15 attached to node 30 is an elongate member include indicia (not shown) that would be visible when the
having a round distal end 50 including an aperture 52 formed 60 securement device is not attached to a mobile device.
therein. The tether is also formed of an elastomeric material It will be appreciated that variations of the above-disclosed
and may be integrally formed with the body. In cross-section, and other features and functions, or alternative thereof, may
as shown in FIG. 4A, the tether may include a longitudinally be desirably combined into many other different systems or
extending groove 54 formed along the top and bottom side. applications. Various presently unforeseen or unanticipated
With reference to FIGS. 1,9, and 9A, a strap 60 may be 65 alternatives, modifications, variations, or improvements
secured to the tether distal end 50. The strap 60 may be therein may be subsequently made by those skilled in the art
formed of a variety of materials such as elastomer, (same or which are also intended to be encompassed by the following
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 22 of 34 Page ID #:22

US 9,060,588 B2
5 6
claims. In addition, the claims can encompass embodiments rim defining there within a solid, uninterrupted panel,
in hardware, Software, or a combination thereof. the bands at least partially Surrounding the openings,
What is claimed is: each of the at least three openings adapted to receive a
1. A securement apparatus for a portable electronic device corner of a portable electronic device, wherein the panel
comprising: has a top and a bottom corner and a first and a second
a body having perimeter defining there within a solid, opposed side corners and ends of a first and a second
uninterrupted, elastomeric panel and the body including band of the plurality of bands join together at the first
a plurality of elastomeric retainers secured to and side corner and a third and fourth band of the plurality of
extending from the panel forming at least three openings bands join together at the second side corner; and
adapted to receive a corner of a portable electronic 10
a tethersecured to and extending from the panel top corner.
device, each retainer having an arcuate configuration 14. The device as defined in claim 13, wherein the central
forming a loop defining an opening, the openings
adapted to receive therein a corner of the portable elec panel has a first Surface bounded by a rim, and a groove is
tronic device, and wherein the retainers include four disposed between the panel front surface and the rim.
retainers and each retainer includes an elongate band 15 15. The device as defined in claim 13, wherein the bands
secured to the panel, the bands each having a generally each have an arcuate configuration and extend outwardly
round cross-section; beyond the perimeter of the panel.
a node secured to and extending upwardly from the panel, 16. The device as defined in claim 13, wherein the plurality
and two of the plurality of retainers extending from the of bands include four bands that define four openings.
node downwardly to the panel; and 17. The device as defined in claim 13, wherein the central
an elongate elastomeric tether connected to and extending panel is an elastomeric stretchable member that has a first and
upwardly from the node. second opposed corners and an end of two of the bands are
2. The apparatus as defined in claim 1, wherein the plurality secured to each of the first and second corners.
of bands form a first pair of bands and a second pair of bands, 18. The device as defined in claim 13, wherein an attach
the first pair of bands each have a first end connected to 25 ment device is operably connected to the tether, and the
opposed sides of the panel and a second endjoined together at attachment device is adapted to secure the securement device
the node. to a member.
3. The apparatus as defined in claim 2, wherein the second 19. The apparatus as defined in claim 13, wherein the body
pair of bands each have a first end secured to the opposed includes a node extending upwardly from the panel top cor
sides of the panel and a second end joined together at a 30
ner, and one of the first and second bands and one of the third
common point on a panel lower end. and fourth bands extend from the node downwardly to the
4. The apparatus as defined in claim 3, wherein a body panel.
lower end includes a junction point wherein the second end of 20. The apparatus as defined in claim 13, wherein the
each of the second pair of bands join together. securement device is formed of a single unitary piece of
5. The apparatus as defined in claim 2, wherein the node 35
elastomeric material.
includes a lower portion secured to the panel and an upper
portion secured to the tether, and wherein the first pair of 21. A method of securing a mobile electronic device to a
bands are secured to the node at a location between the upper member comprising:
and lower portion of the node. obtaining a securement apparatus including a body having
6. The apparatus as defined in claim 1, further including a 40 an elastomeric, stretchable panel and a plurality of elas
strap having a first and second end, the strap first end being tomeric retainers secured to and extending from the
secured to the tether and the strap second end being secured to panel, the panel having a perimeter rim defining there
an attachment device adapted to secure the apparatus to a within a solid, uninterrupted panel, the plurality of
member. retainers forming at least three openings, the openings
7. The apparatus as defined in claim 1, whereintwo ends of 45 adapted to receive therein a corner of a handheld elec
the plurality of retainers are joined to each other at a common tronic device; the securement apparatus further includ
point on the body. ing a tether connected to and extending from the body,
8. The apparatus as defined in claim 6, wherein the tether wherein the securement apparatus is formed of a single
includes a distal end having an aperture formed therein, and a unitary piece of elastomeric material; an attachment
portion of the strap extends through the aperture. 50 device operably connected to the tether and
9. The apparatus as defined in claim 1, wherein the panel inserting a corner of the mobile device in one of the open
has a generally diamond-shaped configuration having four ings and stretching the band defining the opening over a
corners and the node is secured to one of the four corners and surface of the mobile device; and
at least two of the other corners are secured to retainers. stretching the remaining bands over the remaining corners
10. The apparatus as defined in claim 9, wherein the panel 55 of the mobile device wherein each corner of the model
is formed of a stretchable elastomeric material and has a first device enters one of the openings of the securement
side having a perimeter bounded by a rim. apparatus, thereby securing the securement apparatus to
11. The apparatus as defined in claim 1, wherein the body the mobile device.
and tether are integrally formed from an elastomeric material. 22. A portable electronic device securement device com
12. The apparatus as defined in claim 11, wherein the 60 prising:
elastic material is selected from a group consisting of sili an elastomeric stretchable body having a plurality of open
cone, latex, and rubber. ings formed therein, the body having a plurality of bands
13. A portable electronic device securement device com extending from a central panel, the central panel having
prising: a perimeter rim defining there within a Solid, uninter
an elastomeric body having at least three openings formed 65 rupted panel, the central panel having a first Surface
therein, the body having a plurality of bands extending bounded by a rim and a groove being disposed between
from a central panel, the central panel having a perimeter the panel front surface and the rim, the bands at least
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 23 of 34 Page ID #:23

US 9,060,588 B2
7 8
partially surrounding the body openings and each of the an elongate elastomeric tether connected to and extending
openings is adapted to receive a corner of a portable upwardly from the node.
electronic device; and 24. A securement apparatus for a portable electronic device
a tether secured to and extending from the body. comprising:
23. A securement apparatus for a portable electronic device 5 a body having perimeter defining there within a solid,
comprising: uninterrupted, elastomeric panel and the body including
a body having perimeter defining there within a solid, a plurality of elastomeric retainers secured to and
uninterrupted, elastomeric panel and the body including extending from the panel forming at least three openings
a plurality of elastomeric retainers secured to and adapted to receive a corner of a portable electronic
extending from the panel forming at least three openings 10 device, each retainer having an arcuate configuration
adapted to receive a corner of a portable electronic forming a loop defining an opening, the openings
device, each retainer having an arcuate configuration adapted to receive therein a corner of the portable elec
forming a loop defining an opening, the openings
adapted to receive therein a corner of the portable elec tronic device;
tronic device, and wherein the panel is formed of a 15 a node secured to and extending upwardly from the panel,
and two of the plurality of retainers extending from the
stretchable elastomeric material and has a first side hav
ing a perimeter bounded by a rim; node downwardly to the panel; and
a node secured to and extending upwardly from the panel, an elongate elastomeric tether connected to and extending
and two of the plurality of retainers extending from the upwardly from the node, and wherein the securement
node downwardly to the panel, and wherein the panel 20 apparatus is formed of a single unitary piece of elasto
has a generally diamond-shaped configuration having meric material.
four corners and the node is secured to one of the four 25. The securement apparatus as defined in claim 24, fur
corners and at least two of the other corners are secured ther including a strap removably secured to the tether.
to retainers; and ck k < k cic
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EXHIBIT B
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 25 of 34 Page ID #:25
USOOD782185S

(12) United States Design Patent (10) Patent No.: US D782,185 S

Lederer (45) Date of Patent: . Mar. 28, 2017

(54) MOBILE DEVICE HOLDER WITH POCKET D675,828 S 2/2013 Baker

D679,.693 S * 4/2013 Rashid ......................... D14/250
8,561,862 B2 * 10/2013 Foggiato ................... A45F 5/OO
(71) Applicant: Prime Resources Corp., Brideport, CT 224,217
(US) (Continued)
(72) Inventor: Jeffrey Lederer, Greenwich, CT (US) OTHER PUBLICATIONS
(73) Assignee: Prime Resources Corp., Bridgeport, This 'Just a Loop Cord Is the Simplest iPhone Case You're Ever
CT (US) Going to Find; accessed from www.ohgizmo.com; accessed on Nov.
12, 2015; 5 pages.
(**) Term: 15 Years (Continued)
(21) Appl. No.: 29/533,949 Primary Examiner — Susan Bennett Hattan
Assistant Examiner — Janice Hallmark
(22) Filed: Jul. 23, 2015 (74) Attorney, Agent, or Firm — Myers Wolin, LLC
(51) LOC (10) Cl. (57) CLAM
(52) U.S. C. The ornamental design for a mobile device holder with
USPC ............................. D3/218: D3/247; D14/252 pocket, as shown and described.
DESCRIPTION
(58) Field of Classification Search
USPC ...... D14/253, 432, 434, 440, 447, 439, 451, FIG. 1 is a front elevation view of a mobile device holder
D14/452, 457, 250, 251, 252: D12/415, with pocket showing my new design;
D12/114, 420, 417, 223, 407, 177; FIG. 2 is a left side elevation view thereof;
D6/406.3, 406.4, 406.5, 406.6, 310, 407; FIG. 3 is a right side elevation view thereof;
D3/218, 208, 247, 249; D8/349; FIG. 4 is a top view thereof;
455/575..1 FIG. 5 is a bottom view thereof;
CPC ............ HO4M 1/04; HO4M 1/06; HO4M 1/11: FIG. 6 is a rear elevation view thereof;
H04M 1/12: F16M 13/00, B60R 11/00; FIG. 7 is a cross-section taken along line 7-7 in FIG. 3:
B60R 11/02: B60R 7/00; H05K 7/00; FIG. 8 is a front elevation view of a second embodiment of
G03B 17/56; G03B 17/561; A45F 5/02 a mobile device holder with pocket showing my new design;
See application file for complete search history. FIG. 9 is a left side elevation view thereof;
FIG. 10 is a right side elevation view thereof;
(56) References Cited FIG. 11 is a top view thereof;
FIG. 12 is a bottom view thereof, and,
U.S. PATENT DOCUMENTS FIG. 13 is a rear elevation view thereof.
The broken lines in the drawings depict parts of the mobile
6,662.986 B2 * 12/2003 Lehtonen .................. A45F 5/02 device holder with pocket that form no part of the claimed
224, 222 design.
D659,384 S * 5/2012 January .......................... D3/218
D673,162 S 12/2012 Young 1 Claim, 5 Drawing Sheets
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 26 of 34 Page ID #:26

US D782,185 S
Page 2

(56) References Cited

U.S. PATENT DOCUMENTS
D693,580 S 11/2013 Baker
D697.305 S * 1/2014 Culver ........................... D2/639
D703,429 S * 4/2014 Morrison ....................... D3/218
8,714,422 B2 * 5/2014 Yu ............................. A45F 5/OO
224f197
D707.443 S * 6/2014 Dailey ........................... D3/218
D707,965 S * 7/2014 Requa ............................ D3/247
D716,044 S * 10/2014 Wilk .............................. D3/247
D717,538 S * 1 1/2014 Bransfield ...................... D3/218
9,060,588 B2* 6/2015 Bransfield ... A45F 5/02
D751,284 S * 3/2016 Kishimoto ..................... D3/218
D758,724 S * 6/2016 Guest ............................. D3/247
D764,478 S * 8/2016 Radmard .............. HO4M 1,185
D14/250
D769,852 S * 10/2016 Godycki ...................... D14/250
D773,803 S * 12/2016 Larsen ......................... D14,253
2011 O303709 A1 12/2011 Wizikowski
2013,0009032 A1 1/2013 Polletta et al.
2013,004.8514 A1 2/2013 Corcoran et al.
2013,0213838 A1 8, 2013 Tsai et al.
2014/009111.6 A1* 4, 2014 Yu ............................. A45F 5/OO
224,218
2014/0152034 A1 6/2014 Tussy
2015,024973.0 A1* 9, 2015 Larsen ................. GO3B 17,561
29,428
2015/02884.06 A1 10/2015 Haymond
OTHER PUBLICATIONS
Padlette; accessed from www.padlette.com on Nov. 12, 2015; 6
pages.
Crossover; www.quirky.com; iphone5 silicone bands case; accessed
Nov. 24, 2015; 4 pages.
* cited by examiner
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 27 of 34 Page ID #:27

U.S. Patent Mar. 28, 2017 Sheet 1 of 5 US D782,185 S

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

FIG. I.

FIG. 5
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 28 of 34 Page ID #:28

U.S. Patent Mar. 28, 2017 Sheet 2 of 5 US D782,185 S

-- a

X.
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 29 of 34 Page ID #:29

U.S. Patent Mar. 28, 2017 Sheet 3 of 5 US D782,185 S

serversareer resertsverseer severestressesserversex f

 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 30 of 34 Page ID #:30

U.S. Patent Mar. 28, 2017 Sheet 4 of 5 US D782,185 S

FIG. 8 FIG 10

FIG. 12
 Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 31 of 34 Page ID #:31

U.S. Patent Mar. 28, 2017 Sheet S of 5 US D782,185 S

Case 2:19-cv-03469 Document 1 Filed 04/26/19 Page 32 of 34 Page ID #:32

EXHIBIT C
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