Focally v. Win Elements - Complaint

Case 5:21-cv-02105 Document 1 Filed 12/17/21 Page 1 of 14 Page ID #:1
1
Omid E. Khalifeh, SBN 267340
Ariana Santoro, SBN 300767
2 Lara A. Petersen, SBN 318475
3 OMNI LEGAL GROUP
2029 Century Park E, Suite 400
4 Los Angeles, California 90067
5 Phone: 310.276.6664
Facsimile: 310.305.1550
6 [email protected]
7 [email protected]
[email protected]
8
Attorneys for Plaintiff,
9
FOCALLY LLC
10
11 UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
12
13 ) Case No.: 5:21-cv-2105
)
14 )
FOCALLY LLC, a Delaware limited ) PLAINTIFF’S COMPLAINT FOR:
15
liability company; and GRAHAM )
)
16 DUGONI, an individual, ) 1) WILLFUL PATENT
) INFRINGEMENT UNDER 35
17 )
Plaintiff, ) U.S.C. § 271(A);
18 ) 2) INDUCED PATENT
)
vs. ) INFRINGEMENT UNDER 35
19 ) U.S.C. § 271(B);
WIN ELEMENTS LLC, a California ) 3) CONTRIBUTORY PATENT
20 )
limited liability company; JOHN ) INFRINGEMENT UNDER 35
21
NGUYEN, an individual; and DOES 1- ) U.S.C. § 271(C);
)
22 10, inclusive, ) 4) UNFAIR COMPETITION
) UNDER CAL. BUS. & PROF.
23 )
Defendants. ) CODE § 17200 et seq.
24 )
)
25 )
) JURY TRIAL DEMAND
26 )
)
27
28
COMPLAINT
1 PLAINTIFFS FOCALLY LLC (“Focally”) and GRAHAM DUGONI (“Dugoni”

2 and collectively with Focally, “Plaintiffs”) hereby file this Complaint against
3 DEFENDANTS WIN ELEMENTS LLC (“Win Elements”), JOHN NGUYEN
4 (“Nguyen”), and DOES 1 to 10 (collectively, “Defendants”), and allege as follows:
5 SUMMARY OF THE ACTION
6 1. Dugoni is the inventor of an innovative system and apparatus for
7 selectively limiting user control of an electronic device, which is protected by United
8 States Patent No. 9,819,788 (the “Patent”). See EXHIBIT A.
9 2. Defendants have willfully and blatantly infringed the Patent by offering
10 for sale, and presumably selling, on at least its website www.winelements.com “Safe
11 Pouch” products (“Infringing Products”) having every limitation of at least one
12 claim of the Patent. See EXHIBIT B.
13 3. Though Plaintiffs have unsuccessfully attempted to address
14 Defendants’ infringement by reaching out to Defendants directly, Defendants have
15 ignored such attempts and persist in their wrongful conduct. Thus, Plaintiffs now
16 seek relief from this Court to resolve this dispute and be compensated for the injury
17 caused by Defendants’ unlawful business practices.
18 PARTIES
19 4. Plaintiff Focally LLC is now, and at all times relevant herein was, a
20 Delaware limited liability company, having a principal place of business in San
21 Francisco, California.
22 5. Plaintiff Graham Dugoni is now, and at all times relevant herein was,
23 an individual, over the age of eighteen, and residing in San Francisco, California.
24 6. Plaintiffs are informed and believe, and on that basis allege, that
25 Defendant Win Elements LLC is, and at all times relevant herein was, a California
26 limited liability company, having a principal place of business at 53233 Bonica St.,
27 Lake Elsinore, California 92532.
2
COMPLAINT
1 Defendant John Nguyen is, and at all times relevant herein was, an individual, over
2 the age of eighteen, and residing in Lake Elsinore, California.
3 8. The true names and capacities, whether individual, corporate, associate,
4 or otherwise, of Defendants DOES 1 through 10, inclusive (individual a “Doe
5 Defendant” and collectively, “Doe Defendants”), are unknown to Plaintiffs at this
6 time, and Plaintiffs, therefore, sue Doe Defendants by such fictitious names.
7 Plaintiffs will ask leave of Court to amend this Complaint when the same shall have
8 been ascertained. Plaintiffs are informed and believes, and based thereon alleges that
9 each Doe Defendant was responsible intentionally, or in some other actionable
10 manner for the events and happenings referred to herein, which proximately caused
11 injury and damage to Plaintiffs, as hereafter alleged. Any reference to Defendants
12 shall refer to each named Defendant and all Doe Defendants, and to each of them.
13 Any reference to a particular Defendant shall refer to the named Defendant only.
15 Defendants are responsible for their acts and for their conduct, which are the true
16 legal causes of the damages herein alleged.
17 JURISDICTION AND VENUE
18 10. This Court has jurisdiction over the subject matter of this action under
19 28 U.S.C. §§ 1331 (federal question), 1338(a) (patent infringement), and 1332
20 (diversity of citizenship).
21 11. Personal jurisdiction as to these Defendants is conferred on this Court
22 because Defendants have purposefully availed themselves of the benefits and
23 privileges of transacting business within the State of California. In particular,
24 Defendant Win Elements has its principal place of business in the State of California
25 and Defendant Nguyen is a resident of the State of California.
26 12. This Court also has personal jurisdiction over Defendants because
27 Defendants have caused injury to Plaintiffs within the State of California and within
28 this judicial district. Defendants have committed and continue to commit unlawful
3
COMPLAINT
1 acts expressly aimed at Plaintiffs in California, knowing that the brunt of the harm
2 resulting from this conduct will be suffered by Plaintiffs in California.
3 13. Venue is proper in the Central District of California under 28 U.S.C. §
4 1391(b) and (c) in that a substantial injury occurred and continues to occur in this
5 District, a substantial part of the subject property is located here, Defendants’
6 conduct has been directed into this District, and a substantial portion of the events
7 that are the subject of this action took place in this District.
8 FACTUAL BACKGROUND
9 14. On April 21, 2015, a utility patent application for “System and
10 Apparatus for Selectively Limiting User Control of an Electronic Device” was filed
11 with the United States Patent and Trademark Office (USPTO). On November 14,
12 2017, the Patent was duly and lawfully issued by the USPTO as 9,819,788. A true
13 and correct copy of the Patent is attached hereto as EXHIBIT A.
14 15. Dugoni is the sole inventor and the true owner of all righs, title, and
15 interest in the Patent. Dugoni therefore possesses the right to sue for and obtain
16 equitable relief and damages for infringement of the Patent.
17 16. Focally, through its “Yondr” brand, exclusively markets, manufactures,
18 and distributes the patented system and apparatus in an attempt to create phone-free
19 spaces for artists, educators, organizations and individuals. Yondr’s system
20 comprises (and the Patent discloses) a case sized to receive a mobile device and
21 which has a locking means to secure the device and further comprises a means for
22 unlocking the case. In many embodiments, the case may be unlocked upon the
23 occurrence of a predetermined condition, such as physical presence of the case
24 outside of a defined geographical region or the passage of time.
25 17. Plaintiffs’ innovative system and apparatus attracts customers from a
26 variety of fields, including music, comedy, education, legal, as well as others.
27 Notable individuals such as Dave Chappelle, Kanye West, Donald Glover/Childish
28 Gambino, Madonna, Bruno Mars, Ali Wong, Joe Rogan, John Mayer, Chris Rock,
4
COMPLAINT
1 Jennifer Lawrence, and Aziz Ansari as among Plaintiffs’ numerous satisfied

2 customers.
3 18. To further demonstrate the extent of Plaintiffs’ success and public
4 recognition, Yondr has been featured in a number of publications and broadcasts
5 with international readership and viewership, respectively, including The New York
6 Times, The Wall Street Journal, CNBC, The Guardian, The Atlantic, Forbes,
7 Cosmopolitan, Chicago Tribune, Wired, CBS, Rolling Stone, Newsweek, The
8 Washington Post, and Billboard, and ABC News.
9 19. The success and novelty of the Patent has prompted third parties,
10 including Defendants, to manufacture and/or distribute blatant counterfeits of
11 Plaintiffs’ innovative system and apparatus to compete with and infringe the Patent.
12 20. At least as early as October 2021, Defendants began offering for sale,
13 and presumably selling, a “safe pouch” for “creating phone-free classrooms.”
14 Similarly, if not identically, to Plaintiffs’ Patent, Defendants offer for sale, and
15 presumably sell, a case sized to receive a mobile device and having a locking means
16 for securing the device. Defendants’ system also comprises a means for unlocking
17 the case, which may occur under a predetermined condition. See EXHIBIT B for
18 examples of Defendants’ infringement of the Patent.
19 21. Nguyen is the owner and chief executive officer of Win Elements.
20 Plaintiffs are informed and believe, and on that basis allege, that Nguyen is
21 responsible for directing and controlling the activities and business affairs of Win
22 Elements. Indeed, Nguyen holds himself out as the inventor of the Infringing
23 Products. In addition, Nguyen has personally marketed the Infringing Products.
25 Nguyen is the sole manager and member of Win Elements. Plaintiffs are further
26 informed and believe, and on that basis allege, that Nguyen has and continues to
27 utilize Win Elements for the transfer of assets for his own personal benefit. At all
28 times relevant hereto, Nguyen had a personal material financial interest in Win
5
COMPLAINT
1 Elements. As a result, there exists a unity of interest and ownership between Nguyen
2 and Win Elements such that any individuality and separateness between Nguyen and
3 Win Elements has ceased, and Win Elements is nothing more than a shell entity
4 acting as the alter ego of Nguyen.
6 adherence to the fiction of the separate existence of Nguyen, on the one hand, and
7 Win Elements, on the other, as distinct from one another would permit an abuse of
8 the corporate privilege and would sanction fraud or promote injustice.
10 Nguyen utilized the corporate form of Win Elements to perpetrate a fraud,
11 circumvent statutory law, and accomplish a wrongful and inequitable purpose. In
12 particular, Nguyen has utilized the corporate form of Win Elements to make, offer
13 for sale, and presumably sell, the Infringing Products, despite Nguyen’s actual
14 knowledge that the Infringing Products infringe the Patent. In such circumstances,
15 this Court should ignore the corporate entity, under the alter ego doctrine, and deem
16 Win Elements’ acts to be those of persons or organizations (namely, Nguyen)
17 actually controlling the corporation.
18 25. Claim 2 of the Patent is reproduced below:
19 A case for selectively limiting a user's ability to control such user's own
20 mobile electronic device, comprising,
21 a shell defining a cavity sized to accommodate the user's mobile
22 electronic device and having an opening to receive the user's mobile
23 electronic device therein;
24 a locking means for at least partially securing the opening of the shell
25 so that the electronic device is rendered inaccessible to the user, the
26 locking means being further non-disengageable by the user of the
27 mobile electronic device;
28 wherein the predetermined condition is the passage of time.
6
COMPLAINT
1 26. Claim 3 of the Patent is reproduced below:

2 A system for selectively limiting a user’s control of such user’s own electronic
3 device, comprising
4 a case sized to receive the user's mobile electronic device having
5 a front and a rear panel each having first and second
6 longitudinally opposed side edges and laterally opposed lower
7 edges,
8 the first, second, and lower edges being secured together to
9 define an opening for receiving a mobile electronic device, the
10 case operative to become locked so that the user is unable to
11 access his own mobile electronic device contained therein until
12 a predetermined condition is met;
13 a locking means for at least partially securing the opening; and
14 means for unlocking the case.
15 27. The images below depict examples of Defendants’ Infringing Products
16 (color and labeling added):
17
18
19
20
21
22
23
24
25
26
27
28
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11 28. The operation of Defendants’ Infringing Products can be further
12 understood with reference to a video posted on Vimeo.com by Defendants at the
13 following link: https://vimeo.com/552199052. See EXHIBIT C.
15 Defendants were aware of Plaintiffs’ rights before they began their infringing
16 activities. Defendants knowledge is evidenced by their advertisement of a “patented
17 safe pouch,” though it is Plaintiffs and not Defendants who hold patent rights to this
18 Infringing Products. Defendants’ use and infringement is therefore willful.
19 30. On or around October 1, 2021, Plaintiffs, through counsel, sent a letter
20 to Plaintiffs that informed Plaintiffs of their infringement of the Patent and
21 demanded that Plaintiffs cease and desist further infringement. See EXHIBIT D for
22 a true and correct copy of that letter, which was transmitted via United States Postal
23 Service Priority Mail.
24 31. Plaintiffs are informed and believe, and on that basis allege, that at least
25 on or before October 2021, Defendants had actual notice of Plaintiffs’ intellectual
26 property rights.
27 32. Because no response was received in reply to Plaintiffs’ October 1,
28 2021 letter, on or around November 16, 2021, Plaintiffs, through counsel, resent the
8
COMPLAINT
1 same letter to Defendants. This time, the letter was transmitted via electronic mail
2 as well as via United States Postal Service Priority Mail.
3 33. As of the current date, no response to Plaintiffs’ October 1, 2021 letter
4 has been received.
5 34. Defendants’ Infringing Products was, and has continued to be,
6 marketed, manufactured, distributed, and/or offered for sale in a manner that
7 infringes Plaintiffs’ Patent.
8 35. Defendants have unjustly benefited from copying Plaintiffs’
9 technology for which Plaintiffs took risks and made substantial investment to
10 develop.
11 36. Defendants’ infringement of the Patent and other improper conduct has
12 and continues to cause substantial damage and irreparable harm to Plaintiffs.
13 FIRST CLAIM FOR RELIEF
14 Willful Patent Infringement – 35 U.S.C. § 271(a)
15 37. Plaintiffs hereby restate and reallege the allegations set forth in
16 paragraphs 1 through 36 above and incorporate them by reference.
17 38. On November 14, 2017, the USPTO duly and legally issued the Patent,
18 entitled “System and Apparatus for Selectively Limiting User Control of an
19 Electronic Device.” The claims of the Patent carry a presumption of validity under
20 35 U.S.C. § 282(a) and are enforceable.
21 39. Dugoni is the owner of the entire right, title and interest in the Patent
22 and possess the right to sue for and obtain equitable relief and damages for
23 infringement of the Patent.
24 40. Defendants have directly infringed and continue to directly infringe the
25 Patent by making, using, selling, and offering for sale in the United States, and/or
26 importing into the United States the Infringing Products, referred to by Defendants
27 as the “safe pouch,” which embodies the invention defined by one or more claims of
28 the Patent, without authority or license from Plaintiffs. More particularly, upon
9
COMPLAINT
1 information and belief, Defendants have infringed and continue to infringe at least
2 Claims 1, 2, and 3 of the Patent because the Infringing Products includes every
3 limitation of Claims 1, 2, and 3.
4 41. Plaintiffs have complied with the marking and notice requirements of
5 35 U.S.C. § 287.
7 Defendants had actual knowledge of Plaintiffs’ rights in the invention claimed in the
8 Patent. Defendants’ actions constitute reckless disregard for Plaintiffs’ patent rights
9 or otherwise willful and intentional infringement of the Patent.
10 43. As a direct and proximate result of Defendants’ acts of infringement,
11 Defendants have derived and received gains, profits, and advantages in an amount
12 that is not presently known to Plaintiffs.
13 44. Pursuant to 35 U.S.C. § 284, Plaintiffs are entitled to damages for
14 Defendants’ infringing acts and treble damages together with interest and cost as
15 fixed by this Court.
16 45. Pursuant to 35 U.S.C. § 285, Plaintiffs are entitled to recover
17 Defendants’ total profits from Defendants’ infringement.
18 46. Pursuant to 35 U.S.C. § 289, Plaintiffs are entitled to recover
19 Defendants’ total profits from Defendants’ infringement.
20 47. Plaintiffs have suffered injury, including irreparable injury, as a result
21 of Defendants’ infringement. Plaintiffs are therefore entitled to preliminary and
22 permanent injunctive relief restraining and enjoining Defendants from infringing the
23 Patent.
24 48. By reason of Defendants’ infringement, Plaintiffs are suffering and will
25 continue to suffer substantial damages in an amount to be determined at trial.
26 SECOND CLAIM FOR RELIEF
27 Induced Patent Infringement – 35 U.S.C. § 271(b)
10
COMPLAINT

3 Defendants have actively induced infringement, and continue to actively induce
4 infringement, by others of the Patent under 35 U.S.C. §271(b).
5 51. Defendants’ customers directly infringe (literally or under the doctrine
6 of equivalents) at least one of the claims of the Patent when they make, use, offer to
7 sell, or sell the Infringing Products. The customers infringe these claims as shown
8 above with reference to the images in paragraph 27 above.
9 52. Defendants had actual knowledge of the Patent and its infringement
10 thereof since at least the time it received Plaintiffs’ October 1, 2021 letter, attached
11 as EXHIBIT D and described in paragraph 30 above. Defendants have knowingly
12 and actively induced customers to directly infringe the Patent with the specific intent
13 to encourage such infringement and Defendants knew (or should have known or
14 were willfully blind) that the induced acts constitute patent infringement.
15 Defendants’ inducement includes, for example, providing technical and/or
16 installation guides, hardware specifications, demonstrations, and other actions that
17 induce its customers to directly infringe the Patent.
18 THIRD CLAIM FOR RELIEF
19 Contributory Patent Infringement – 35 U.S.C. § 271(c)
23 Defendants have contributorily infringed and continue to infringe the Patent under
24 35 U.S.C. § 271(c).
25 55. Defendants have offered to sell, sold, or sell within the United States or
26 import into the United States the Infringing Products. Each Infringing Products is a
27 material part of the invention of at least one of the claims of the Patent. The
28 Infringing Products is not a staple article nor a commodity of commerce suitable for
11
COMPLAINT
1 substantial use that does not infringe at least one of the claims of the Patent.
2 56. Defendants’ customers directly infringe (literally or under the doctrine
3 of equivalents) at least one of the claims of the Patent when they make, use, offer
4 for sale, or sell an Infringing Products. The limitations of at least one claim of the
5 Patent are met by the Infringing Products, as illustrated in the images in paragraph
6 27 above.
7 57. Defendants had actual knowledge of the Patent and its infringement
8 thereof since at least the time it received Plaintiffs’ October 1, 2021 letter, attached
9 as EXHIBIT D and described in paragraph 30 above. Defendants have offered to
10 sell, sold, or imported into the United States the Infringing Products knowing (or
11 should have known or were willfully blind) that such products were especially made
12 or especially adapted for use in an infringement of the Patent and not a staple article
13 or a commoditie of commerce suitable for substantial noninfringing use.
14 FOURTH CLAIM FOR RELIEF
15 Unfair Competition – Cal. Bus. & Prof. Code § 17200 et seq.
18 59. California Business and Professions Code, Section 17200 states, in
19 pertinent part: “...unfair competition shall mean and include any unlawful, unfair or
20 fraudulent business act or practice and unfair, deceptive, untrue or misleading
21 advertising and any act prohibited by Chapter 1 (commencing with Section 17500)
22 of Part 3 of Division 7 of the Business and Professions Code.”
23 60. At all times mentioned herein, Defendants have engaged in “unfair”
24 business practices. Defendants have maliciously disrupted Plaintiffs’ business by
25 offering for sale and selling the Infringing Products, which infringes Plaintiffs’
26 Patent. Such acts by Defendants are unlawful.
27 61. As a direct and proximate result of Defendants’ wrongful acts, Plaintiffs
28 have been, are now, and will be irreparable injured and damaged by Defendants’
12
COMPLAINT
1 aforementioned acts. Unless Defendants are enjoined by this Court, Plaintiffs will
2 suffer further harm to its business. This harm constitutes an injury for which
3 Plaintiffs have no adequate remedy at law.
4 62. Defendants have acted with the intent to disrupt Plaintiffs’ business and
5 thus, its acts are willful and intentional.
6 63. Defendants should be required to restore to Plaintiffs its lost revenue as
7 a result of Defendants’ unlawful business acts or to provide Plaintiffs with any other
8 restitutionary relief as the Court deems appropriate.
9 PRAYER FOR RELIEF
10 WHEREFORE, Plaintiffs respectfully pray for judgment against Defendants
11 as follows:
12 A. Entry of a judgment that Defendants have infringed one or more claims
13 of U.S. Patent No. 9,819,788;
14 B. Entry of a judgment that Defendants willfully and deliberately
15 infringed the Patent;
16 C. An order preliminarily and permanently restraining and enjoining
17 Defendants, its officers, agents, attorneys and employees, and those acting in privity
18 or concert with Defendants, from engaging in the manufacture, use, offer for sale or
19 sale within the United States, or importation into the United States, of the Infringing
20 Products until after the expiration date of the Patent;
21 D. An order requiring Defendants to deliver and be impounded during the
22 pendency of this action all material in Defendants’ possession, custody, or control
23 that includes or incorporates products that infringe Plaintiffs’ patent rights, including
24 but not limited to, any products, containers, packages, labels, and advertisements in
25 their possession or under their control utilizing Plaintiffs’ Patent, or any simulation,
26 reproduction, counterfeit, copy, or colorable imitation thereof;
27 E. An order of an independent accounting of all of Defendants’ financial
28 records relating to their infringing activities in order to determine the sums of money
13
COMPLAINT
1 owed to Plaintiffs;
2 F. An order requiring Defendants to pay to Plaintiffs all damages or other
3 monetary relief, including but not limited to all gains, profits, and advantages
4 derived by Defendants as a result of Defendants’ infringement of the Patent;
5 G. An order requiring Defendants to pay to Plaintiffs treble damages
6 and/or exemplary damages because of Defendants’ willful conduct pursuant to 35
7 U.S.C. § 284;
8 H. Costs and reasonable attorneys’ fees relating to this action pursuant to
9 35 U.S.C. § 285;
10 I. Pre-judgment and post-judgment interest and costs in bringing this
11 action against Defendants; and
12 J. Such other and further relief as the Court may deem just and proper.
13 DEMAND FOR A JURY TRIAL
14 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs
15 request a jury trial of all issues that may be tried to a jury in this action.
16
17 RESPECTFULLY SUBMITTED this 17th day of December, 2021.
18
19 OMNI LEGAL GROUP
20
21 /s/ Omid E. Khalifeh
22 Omid E. Khalifeh
Ariana Santoro
23 Lara A. Petersen
24 Attorneys for Plaintiff,
Focally LLC
25
26
27
28
14
COMPLAINT
Case 5:21-cv-02105 Document 1-1 Filed 12/17/21 Page 1 of 41 Page ID #:15
EXHIBIT A
MAIMOTOMONTANTULUICUI A UN DO TA MINI
US009819788B2
(12) United
Dugoni
States Patent ( 10) Patent No.: US 9,819 ,788 B2
(45 ) Date of Patent: Nov . 14 , 2017
(54) SYSTEM AND APPARATUS FOR (56 ) References Cited
SELECTIVELY LIMITING USER CONTROL
OF AN ELECTRONIC DEVICE U . S . PATENT DOCUMENTS
(71) Applicant: Graham Dugoni, San Francisco , CA 5,977,876 A * 11/1999 Coleman A45C 13/ 10
340 /539 . 1
(US ) 6 ,218 ,929 B1* 4 /2001 Furuta ................ GO7C 9/00309
340 / 10 . 1
(72 ) Inventor: Graham Dugoni, San Francisco , CA 6 ,499,638 B2 * 12/2002 Campbell ................ B62J 9 /001
(US) 190 / 18 A
6 ,608 ,548 B1 * 8 /2003 Pellaton ............. G07C 9 /00912
340 / 5 . 1
( * ) Notice : Subject to any disclaimer, the term of this 7,277,726 B2 * 10/ 2007 Ahya ................. H04W45524/418
/00
patent is extended or adjusted under 35
U .S .C . 154 (b ) by 20 days. 2004 /0166910 A1* 8/2004 Ha .... A45C 11/ 00
455 /575 .8
(21) Appl. No.: 14/692,530 2011/0312394 Al * 12/ 2011 Jeon ................ A45C 1100
455 /575 . 8
( 22 ) Filed : Apr. 21, 2015 ( Continued )
Primary Examiner — William D Cumming
(65 ) Prior Publication Data (74 ) Attorney, Agent, or Firm - Omni Legal Group ;
US 2016/0316053 A1 Oct. 27, 2016 Omid E . Khalifeh
(51 ) Int. Cl. (57 ) ABSTRACT
H04M 3 /00 (2006 .01) A system and apparatus for selectively limiting user control
HO4M 1 /00 ( 2006 .01) of a mobile electronic device are provided . In an embodi
H04M 1/ 725 ( 2006 .01) ment, the apparatus may be a case sized to receive a mobile
H04W 12/08 ( 2009 .01 ) electronic device , the case having a locking means to at least
G06K 19 / 00 (2006 .01) partially secure an opening thereof. When engaged , the
G06K 19 /07 (2006 .01) locking means may be physically impenetrable by the user
H04M 1/667 ( 2006 .01 ) of the mobile electronic device and may further be config
H04M 1 / 18 ured to engage and disengage in the presence of one or more
(2006 . 01) pre -determined conditions. For example , the lock may
(52) U . S . CI. engage when the case is detected within a certain geographi
CPC ...... H04M 1/ 72577 (2013 .01) ; G06K 19 /005 cal region or even during a specified time. It is contemplated
(2013 .01); G06K 19/ 0723 (2013.01); H04M that providing disclosed systems and apparatuses may
1/667 (2013 .01); H04W 12 /08 ( 2013.01) ; reduce undesirable behavior at communal events by elimi
H04M 1 / 185 (2013. 01 ); H04M 1/ 72572 nating distractions posed by mobile electronic devices and
(2013 .01) preventing unauthorized recordings, which together may
(58 ) Field of Classification Search enhance overall engagement at and enjoyment of such
??? ....... ....... H04W 24 /00 events .
USPC . . . . . ........ . .................. 455 /418 , 575. 8
See application file for complete search history . 9 Claims, 4 Drawing Sheets
100
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US 9,819 ,788 B2
Page 2
(56) References Cited

U . S . PATENT DOCUMENTS
2012/0187003 Al * 7/2012 Stewart ............. B65D2065/4291
/216
2012/0217275 A1 * 8/2012 Yu . .. .... A45F 5 /00
224 / 267
* cited by examiner
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SYSTEM AND APPARATUS FOR discloses a system that, in part, shuts off a cell phone and
SELECTIVELY LIMITING USER CONTROL prevents a user from turning the cell phone on while it is
OF AN ELECTRONIC DEVICE within a restricted area , such as a car. This solution is
deficient however, because it completely prevents users
CROSS - REFERENCE TO RELATED 5 from being notified of any incoming calls or messages that
APPLICATIONS may require the user 's attention . The ' 229 patent further
discloses a system that limits cell phone function when it is
Pursuant to 35 USC 119 , this application claims the right detected within an automobile. Aside from the geographi
of priority to Provisional Patent Application Ser . No.61/ 982, cally limited application of this invention , it is also deficient
789 filed on Apr. 22 , 2014 . The content of said application
application 10 because it fails to blocks the screen to diminish possible
temptation to use the device .
is incorporated herein by reference in its entirety . Other attempts to discourage use of mobile electronic
GOVERNMENT CONTRACT devices at communal events and in certain venues have been
largely ineffective . For example, providing signs and
Not applicable . 15 instructions to refrain from using mobile electronic devices
in certain areas and/ or during specified time periods are
STATEMENT RE. FEDERALLY SPONSORED often ignored . Moreover, requiring people to leave mobile
RESEARCH /DEVELOPMENT electronic devices at home, turn them off, or to physically
turn them over to venue staff for the duration of an event is
Not applicable . 20 often met with resistance . This may be because users prefer
not to be separated from their valuable personal property ,
COPYRIGHT & TRADEMARK NOTICES fearing theft of their devices and electronically stored infor
mation , and even the risk ofmissing importantmessages or
A portion of the disclosure of this patent document may other notifications .
contain material that is subject to copyright protection . This 25 Thus, although various proposals have been made to solve
patent document may show and/ or describe matter that is or the problem , none of those in existence combine the char
may become trade dress of the owner. The copyright and acteristics of the present invention . Therefore , there remains
trade dress owner has no objection to the facsimile repro - a need for a system and apparatus that selectively limits
duction by any one of the patent document or the patent access to and/or disables functions of a mobile electronic
disclosure, as it appears in the Patent and Trademark Office 30 device .
patent files or records , but otherwise reserves all copyrights
and trade dress rights whatsoever. SUMMARY
TECHNICAL FIELD The present disclosure is directed to techniques for lim
35 iting access to and control of personal mobile electronic
The disclosed subject matter relates generally to systems devices within certain geographic locations or even during
and apparatuses for limiting functionality of personal elec specified periods of time.
tronic devices and, more particularly, to locking cases and For purposes of summarizing , certain aspects , advantages,
other techniques that selectively limit a user ' s ability to and novel features have been described . It is to be under
access and control such electronic devices until predeter- 40 stood that not all such advantages may be achieved in
mined conditions, such as geographic location and passage accordance with any one particular embodiment. Thus , the
of time, are met. disclosed subject matter may be embodied or carried out in
a manner that achieves or optimizes one advantage or group
BACKGROUND of advantages without achieving all advantages as may be
45 taught or suggested .
Handheld and mobile electronic devices have become In one embodiment, among others , the apparatus is a case
ubiquitous for conveniently enhancing wireless communi- sized to accommodate a mobile electronic device . More
cation and connectivity . Still, the extent of their pervasive particularly , the case may comprise a front and a rear panel
use has also proven to be unwelcome in certain settings . secured together along longitudinally opposed side edges
In many instances, mobile electronic devices can distract 50 and laterally opposed lower edges . Configured in this man
users from appreciating their surroundings and company of ner, the front and rear panels and sealed edges may define an
others to a full extent . For example, many who bring their opening to receive the mobile electronic device .
mobile electronic devices , such as cell phones, to social The case may additionally comprise a locking means for
outings may find themselves foregoing live conversation to at least partially securing the opening . The locking means
check their phones for textmessages , missed calls , and other 55 may comprise opposing plates disposed on or within the
virtual communications. Additionally , as photo and video front and rear panels of the case . More particularly, opposing
recording capabilities have improved , users have increas - plates respectively having securably mateable female and a
ingly taken to using their mobile electronic devices to record male members are contemplated . It is additionally contem
performers, speakers , and even athletes at live events . This plated that the locking meansmay first render the electronic
can be distracting to the performers and to others in the 60 device inaccessible to the user, or in other words possessor,
audience , detracting from overall enjoyment of the event of the device and second be non - disengageable by the user
Indeed , this can even be harmful to the intellectual property of the mobile electronic device until predetermined condi
rights of performers whose copyrighted or otherwise valu - tion is met. In other words, when engaged , the locking
able and legally protectable displays and performances are means may be physically impenetrable by the user of the
digitally recorded and distributed without authorization. 65 mobile electronic device and may further be configured to
Attempts have been made to limit use ofmobile electronic disengage to provide the user with access to his or her
devices . For example, U .S .Pat. No. 7 ,181 ,229 to Singh et al. mobile electronic device only under certain circumstances .
US 9 ,819 ,788 B2
For example , predetermined condition may relate to geo BRIEF DESCRIPTION OF THE DRAWINGS
graphic location or timing . Indeed , in one embodiment, the
case may be used to render a mobile electronic device FIG . 1 is a perspective view ofan embodiment of the case
inaccessible during a communal event such as a show , for selectively limiting user control of an electronic device .
demonstration , display, or athletic competition within a 5 FIG . 2 is an alternate perspective view of an embodiment
concert hall, center, arena , or similar venue. In such sce - of the case for selectively limiting user control of an
narios, the locking meansmay only become disengageable electronic device .
if a user leaves the venue. Alternatively , the locking means FIG . 3 is a skeletal view of an embodiment of the case for
may only become disengageable at such a time as the 10 selectively limiting user control of an electronic device .
FIG . 4 illustrates an embodimentofmeans for locking the
communal event is completed . As yet another alternative , embodiment of the case for selectively limiting user control
the locking means may become disengageable when a user of an electronic device in FIGS . 1 - 3 .
locates venue staff who are equipped to physically disengage FIGS. 5 and 6 show an embodiment of means for unlock
the locking means on their behalf. ing an embodiment of the case for selectively limiting user
In an embodiment, the locking means may be remotely
remotely 1515 . control of an electronic device .
engageable and disengageable . The locking means may be FIG . 7 is a schematic representation of an embodiment of
equipped with electronic receivers such as a radio frequency the system for selectively limiting user control of an elec
identification (RFID ) configured to instruct the locking
means to alternatively engage and disengage when it FIG . 8 illustrates an exemplary embodiment of a mobile
receives a signal from a proximity transmitter indicating that 20 electronic device practicing an embodiment of the system
the case has respectively entered and exited defined geo for selectively limiting user control of the electronic device .
graphical region . Thus, for example , the locking means may The disclosed embodiments may be better understood by
receive instructions to lock the device when it is located referring to the figures in the attached drawings, as provided
within an audience seating area of a venue or concert hall . below . The attached figures are provided as non - limiting
Then , the locking device may receive instructions to unlock 25 examples for providing an enabling description of the sys
the device when it is located outside of the audience area of tem and apparatus claimed . Attention is called to the fact,
a venue or concert hall. however, that the appended drawings illustrate only typical
In still another embodiment, the locking device may be embodiments of this invention and are therefore not to be
equipped with a microprocessor configured to receive Blu - considered as limiting of its scope . One skilled in the art will
etoothTM or other wireless data signals from a beacon or 30 understand that the invention may be practiced without some
transmitter within a defined perimeter. Thus , for example , of the details included in order to provide a thorough
receipt of a wireless data signal may cause the locking enabling description of such embodiments . Well-known
means on the case to engage so that it restricts access to the structures and functions have not been shown or described
mobile electronic device housed within the case . In other in detail to avoid unnecessarily obscuring the description of
examples , the absence of a wireless data signal may cause 35 the embodiments .
the locking device to engage . One embodiment of the invention is implemented as a
It is contemplated that providing disclosed systems and program product for use with a computer system . The
apparatuses according to the disclosure and claims provided program ( s ) of the program product defines functions of the
below may reduce undesirable behavior at communal events embodiments (including the methods described herein ) and
by eliminating distractions posed by mobile electronic 40 can be contained on a variety of computer -readable storage
devices and preventing unauthorized recordings, which media . Illustrative computer-readable storage media
together may enhance overall engagement at and enjoyment include , but are not limited to : (i ) non -writable storage
of such events . media ( e . g ., read -only memory devices within a computer
Thus, it is an object of the invention to eliminate distrac - such as CD -ROM disks readable by a CD -ROM drive) on
tions caused by use of mobile electronic devices at commu - 45 which information is permanently stored ; ( ii ) writable stor
nal events . age media (e . g., floppy disks within a diskette drive or
It is another object of the invention to prevent users from hard -disk drive ) on which alterable information is stored .
controlling their mobile electronic devices within certain Such computer -readable storage media , when carrying com
locations . puter - readable instructions that direct the functions of the
It is yet another object of the invention to prevent users 50 present invention , are embodiments of the present invention .
from controlling their mobile electronic devices during Other media include communications media through which
certain periods of time. information is conveyed to a computer , such as through a
It is still another object of the invention to avoid possible computer or telephone network , including wireless commu
infringement of intellectual property rights caused by unau - nications networks . The latter embodiment specifically
thorized use of recording features available on many mobile 55 includes transmitting information to / from the Internet and
electronic devices . other networks . Such communications media , when carrying
It is another object of the invention to protect personal computer-readable instructions that direct the functions of
privacy of those surrounding users of mobile electronic the present invention , are embodiments of the present inven
devices at communal events by preventing such users from tion . Broadly , computer -readable storage media and com
photographing and recording them , and even further pre - 60 munications media may be referred to herein as computer
venting such users from sharing any impermissibly captured readable media .
photos and recordings . In general, the routines executed to implement the
One or more of the above - disclosed embodiments , in embodiments of the invention , may be part of an operating
addition to certain alternatives , are provided in further detail system or a specific application , component, program ,mod
below with reference to the attached figures. The disclosed 65 ule , object, or sequence of instructions. The computer pro
subject matter is not, however, limited to any particular gram of the present invention typically is comprised of a
embodiment disclosed . multitude of instructions that will be translated by the native
US 9,819 ,788 B2
computer into a machine-readable format and hence execut- edges 110 . The lower edges 110 may be secured by perma
able instructions. Also , programs are comprised of variables nently stitching or gluing together, while the side edges 108
and data structures that either reside locally to the program may be stitched or glued upward from the lower toward an
or are found in memory or on storage devices. In addition , opening 112 that is defined by the front and rear panels 104 ,
various programs described hereinafter may be identified 5 106 and permanently secured edges 108, 110 and further
based upon the application for which they are implemented sized to receive the mobile electronic device 102 .
in a specific embodiment of the invention . However, it As illustrated , one embodiment of the apparatus may be
should be appreciated that any particular program nomen - a soft, flexible case . It may comprise various rugged mate
clature that follows is used merely for convenience , and thus rials such as neoprene, lycra , silicone rubber, spandex , vinyl,
the invention should not be limited to use solely in any 10 canvas, and any other material or combinations of materials
specific application identified and/ or implied by such sufficient to temporarily house a mobile electronic device .
nomenclature . Additionally , various other configurations are contemplated
For simplicity and clarity of illustration , the drawing for the shape of the apparatus as well . For example , the
figures illustrate the general manner of construction , and invention may comprise a rigid shell or box having a
descriptions and details of well -known features and tech - 15 securable. opening to receive a mobile electronic device . As
niques may be omitted to avoid unnecessarily obscuring the such , one skilled in the art will recognize that the illustrated
invention . Additionally, elements in the drawing figures are figures are offered by way of example and ease of under
not necessarily drawn to scale . For example , the dimensions standing only , not of limitation .
of some of the elements in the figures may be exaggerated The apparatus for selectively limiting user control of an
relative to other elements to help improve understanding of 20 electronic device further comprises a locking means 114 for
embodiments of the present invention . The same reference at least partially securing the opening 112 so the mobile
numerals in different figures denote the same elements . electronic device 102 ismay be rendered inaccessible to and
The terms“ first,” “ second ,” “ third,” “ fourth ," and the like further incontrollable by the user of the device although it
in the description and in the claims, if any, are used for may still remain in his possession .
distinguishing between similar elements and not necessarily 25 In one embodiment , the locking means 114 comprises
for describing a particular sequential or chronological order. opposing plates disposed on or within the front and rear
It is to be understood that the terms so used are interchange panels 106 , 108 of the case 100 , and to effect locking, each
able under appropriate circumstances such that the embodi opposing plate has one of a securably mateable female 114a
ments described herein are , for example , capable of opera - and male 114b member. Other locking means are , of course ,
tion in sequences other than those illustrated or otherwise 30 contemplated . For example , magnetic plates , selectively
described herein . Furthermore , the terms “ include ," and releasable mesh , lockable zippers, and other means for at
“ have,” and any variations thereof, are intended to cover a least partially securing the opening 112 may be sufficient to
non - exclusive inclusion , such that a process , method , sys - practice the invention . In this manner, the locking means 114
tem , article , device , or apparatus that comprises a list of may first render the electronic device 102 inaccessible to the
elements is not necessarily limited to those elements , but 35 user by at least partially securing the opening 112 of the
may include other elements not expressly listed or inherent device , and second be non - disengageable by the user of the
to such process , method , system , article , device , or appara - mobile electronic device until a predetermined condition is
tus. met.
The terms “ couple," " coupled ," " couples," " coupling,” One or more embodiments of the case 100 may be
and the like should be broadly understood and refer to 40 configured to selectively limit access to a mobile electronic
connecting two or more elements or signals , electrically, device 102 in response to various predetermined conditions .
mechanically or otherwise . Two or more electrical elements In one embodiment, the case may be outfitted with locking
may be electrically coupled , but notmechanically or other means 114 comprising a manual, key -operated latch wherein
wise coupled ; two or more mechanical elements may be means for unlocking comprise a corresponding key . In such
mechanically coupled , but not electrically or otherwise 45 an embodiment, the case 100 may be manually locked or
coupled ; two or more electrical elements may be mechani- unlocked by venue staff or other members in possession of
cally coupled , but not electrically or otherwise coupled . such a key . Thus, the system for selectively limiting user
Coupling (whether mechanical, electrical, or otherwise )may control of an electronic device may involve a predetermined
be for any length of time, e . g ., permanent or semi-permanent condition requiring the user of the electronic device 102 to
or only for an instant. 50 locate venue staff or other members in possession of the key
to manually unlock the case 100 on user 's behalf.
DETAILED DESCRIPTION With reference to FIGS. 5 and 6 , the system 500 for
selectively limiting user control of an electronic device may
Having summarized various aspects of the present dis - comprise a locking means 114 having electronic receivers,
closure , reference will now be made in detail to that which 55 such as a radio frequency identification (RFID ) tag and
is illustrated in the drawings. While the disclosure will be means for unlocking the case 100 comprising an electronic
described in connection with these drawings, there is no article surveillance (EAS) detacher 502 for separating the
intent to limit it to the embodiment or embodiments dis mating portions of the locking means 114 . The EAS detacher
closed herein . Rather, the intent is to cover all alternatives , 502 may be, for example , any of those known in the to
modifications and equivalents included within the spirit and 60 contain strong magnets that interrupt electromagnetic fields
scope of the disclosure as defined by the appended claims. such as those in the range of radio frequencies . Thus, in one
With reference to FIGS. 1 -4 the apparatus for selectively embodiment represented by FIG . 5 , the at least partially
limiting user control of an electronic device may be embod - secured locking means 114 may be touched to the EAS
ied as a case 100 sized to accommodate a mobile electronic detacher 502 so that any electromagnetic fields enabling the
device 102 . More particularly , the case may comprise a front 65 locking means 114 to remain secured are interrupted . This ,
104 and a rear panel 106 secured together along longitudi- in turn , may allow the locking means 114 to become
nally opposed side edges 108 and laterally opposed lower unsecured and further exposes the mobile electronic device
US 9 ,819,788 B2
102 within the case as in FIG . 6 . In such an embodiment, it locking means may be physically impenetrable by the user
is contemplated that the predetermined condition involves of the mobile electronic device and may further be config
locating an EAS detacher. In the event that the system and ured to automatically or manually disengage to provide the
apparatus for selectively limiting user control of an elec - user with access to his or her mobile electronic device only
tronic device is employed to reduce distractions at a com - 5 under certain circumstances.
munal event, such means for unlocking the case may be In still another embodiment, the mobile electronic device
placed out side of any audience viewing area or even at 102 itself includes an embodiment of the system for selec
venue exit ways . tively limiting user control of an electronic device . The
The means for unlocking the case may also operate system can be implemented in numerous ways such as, for
remotely to cause the case to automatically lock and unlock . 10 example and without limitation , those discussed above , and
For example , in one embodiment, the locking means may even as an application executed on the mobile electronic
automatically lock and unlock when the case is determined device 102 . In operation , an embodiment of the system
to be, respectively , within and outside of a defined geo - receives information from integrated positioning technol
graphical region . For example , with reference to FIG . 7, ogy , such Global Position Systems (GPS ) to selectively limit
another embodiment of the system may comprise locking 15 a user 's ability to controlhis or hermobile electronic device .
means 114 having electronic receivers such as the afore - Of course , one skilled in the art will recognize that various
mentioned RFID tag disposed therein and further configured methods of determining the location of a mobile electronic
to instruct the locking means to alternatively engage and device can be used .
disengage when it receives a signal from a proximity trans - In a further embodiment, a geofence may be created
mitter 702 . Thus, for example , the locking means may 20 around a venue for a communal event , or other location
receive instructions to lock the device when it is located in where it may be desirable to limit use of a mobile electronic
100a the geographical region 704 within reach of the device , so that the system automatically disables certain
transmitter 702 . Then , the locking means 114 may receive functional capabilities of the mobile electronic device 102
instructions to unlock the device when it is located outside any time the device comes within a predetermined distance
100b of the geographical region 704 within reach of the 25 of the venue or other location . For example , a mobile
transmitter 702 . In such an embodiment, it is contemplated electronic device within the geofence may be rendered
that the predetermined condition requires a user to exit a incapable of sending or receiving voice and /or text mes
geographical region to regain access and control of his or her sages . As another example , a mobile electronic device
mobile electronic device . As a more particularized example , within the geofence may be incapable of running applica
a transmitter signal may be configured to cover the geo - 30 tions or other programs operative to capture audio and / or
graphical region of an audience seating area at a venue visual recordings . As yet another example, a mobile elec
hosting a communal event. When within the audience seat - tronic device within the geofencemay be rendered incapable
ing area , the case 100a may remain secured so that a user is of receiving or transmitting data through the Internet and
unable to access or control the mobile electronic device other networks.
contained therein . However, when the case 100b travels 35 FIG . 8 illustrates an exemplary embodiment of a mobile
outside of the audience seating area , such as to a foyer , electronic device 102 that may be compatible with one or
lobby, or restroom , the locking means 114 may become more embodiments of the disclosed system and apparatus.
unsecured to provide access to the mobile electronic device . Themobile electronic device 102 may be a cell phone, smart
It should be understood that such a limitation is offered by phone, or tablet computer butmay also be embodied in any
way of example only . The transmitter signal may be con - 40 one of a wide variety of wired and / or wireless computing
figured to cover any desirable area , and indeed a plurality of devices . As shown in FIG . 8 , mobile electronic device 102
transmitters 702 may even be employed to enlarge or includes a processing device (processor ) 802 , input/output
otherwise define the geographical region affecting access interfaces 804 , a display 806 , a touchscreen interface 808 , a
and control of the mobile electronic device . network interface 810 , memory 812 , and operating system
In still another embodiment, the locking device may be 45 814 , a mass storage 816 and a GPS 818 , with each com
equipped with a microprocessor configured to receive Blu - municating across a local data bus 820 . Additionally, mobile
etoothTM or other wireless data signals from a beacon or electronic device 802 incorporates a system for selectively
transmitter within a defined perimeter. Thus, for example , limiting user control of an electronic device 102 , which may
receipt of a wireless data signal may cause the locking optionally be configured to include programming instruc
means on the case to engage so that it restricts access to the 50 tions to selectively disable any of the aforementioned fea
mobile electronic device housed within the case . In other tures of the mobile electronic device 102 . For example , in
examples, the absence of a wireless data signal may cause one embodiment, the system for selectively limiting user
the locking device to engage . control of an electronic device 102 may communicate
In addition to geographical proximity to electromagnetic instructions to disable input/output interfaces 804
and other wireless data signals , the predetermined condition 55 The processing device 802 may include any custom made
may also or alternatively relate to the passage of time. For or commercially available processor, a central processing
example , the locking means may automatically become unit (CPU ) or an auxiliary processor among several proces
unsecured at the time that a communal event is scheduled to sors associated with the mobile electronic device 102 , a
end or even during intermissions. Thus a transmitter may semiconductor based microprocessor ( in the form of a
produce a signal causing the locking means to remain 60 microchip ), a macroprocessor , one or more application spe
secured for a period of time. When the period of time cific integrated circuits (ASICs), a plurality of suitably
elapses , the transmitter may stop producing the signal so that configured digital logic gates, and other electrical configu
the locking means becomes unsecured . Of course , various rations comprising discrete elements both individually and
other predetermined conditions and means for unlocking in various combinations to coordinate the overall operation
may signal or prompt the release of the locking means, and 65 of the system .
the foregoing are offered only for the purpose ofenabling the Thememory 812 can include any one of a combination of
system and apparatus. In any event, when engaged , the volatile memory elements (e. g., random - access memory
US 9 ,819,788 B2
10
(RAM , such as DRAM , and SRAM , etc. )) and nonvolatile to any described herein . The elements and acts of the various
memory elements . The memory typically comprises native embodiments described above can be combined to provide
operating system 814 , one or more native applications, further embodiments. All of the above patents and applica
emulation systems, or emulated applications for any of a tions and other references, including any that may be listed
variety of operating systems and /or emulated hardware 5 in accompanying filing papers, are incorporated herein by
platforms, emulated operating systems, etc . For example , the reference . Aspects of the invention can be modified , if
applications may include application specific software necessary , to employ the systems, functions and concepts of
which may comprise some or all the components of the the various references described above to provide yet further
mobile electronic device 102 . In accordance with such embodiments of the invention .
embodiments, the components are stored in memory and 10 Particular terminology used when describing certain fea
executed by the processing device . Note that although tures or aspects of the invention should notbe taken to imply
depicted separately in FIG . 8 , the system selectively limiting that the terminology is being refined herein to be restricted
user control of an electronic device 102 may be resident in to any specific characteristics , features , or aspects of the
memory such as memory 812 . system and apparatus for selectively limiting user control of
Touchscreen interface 808 may configured to detect con - 15 an electronic device with which that terminology is associ
tact within the display area of the display 806 and provides ated . In general, the terms used in the following claims
such functionality as on - screen buttons, menus, keyboards, should notbe constructed to limit the system and apparatus
etc . that allows users to navigate user interfaces by touch .
for selectively limiting user control of an electronic device
Some embodiment of the mobile electronic device 102 will to the specific embodiments disclosed in the specification
even comprise GPS 818 or other means to determine the 20 unless the above description section explicitly define such
location of the mobile electronic device 102 . terms. Accordingly , the actual scope encompasses not only
One of ordinary skill in the art will appreciate that the the disclosed embodiments, but also all equivalent ways of
memory 814 can , and typically will, comprise other com - practicing or implementing the disclosed system and appa
ponents thathave been omitted for purposes of brevity . Note ratus. The above description of embodiments of the system
that in the context of this disclosure, a non -transitory com - 25 and apparatus for selectively limiting user control of an
puter -readable medium stores one or more programs for use electronic device is not intended to be exhaustive or limited
by or in connection with an instruction execution system , to the precise form disclosed above or to a particular field of
apparatus , or device . With further reference to FIG . 8 , usage .
network interface device 810 comprises various components While specific embodiments of, and examples for , the
used to transmit and /or receive data over a networked 30 method , system , and apparatus are described above for
environment. When such components are embodied as an illustrative purposes , various equivalent modifications are
application , such as an application for executing and possible for which those skilled in the relevant art will
embodiment of the system for selectively limiting user recognize .
control of the electronic device , the one or more components While certain aspects of the method and system disclosed
may be stored on a non -transitory computer- readable 35 are presented below in particular claim forms, various
medium and executed by the processing device . aspects of the system and apparatus are contemplated in any
It should be emphasized that the above -described embodi number of claim forms. Thus, the inventor reserves the right
ments are merely examples of possible implementations to add additional claimsafter filing the application to pursue
Many variations and modifications may be made to the such additional claim forms for other aspects of the system
above - described embodiments without departing from the 40 and apparatus for selectively limiting user control of an
principles of the present disclosure . All such modifications electronic device .
and variations are intended to be included herein within the
scope of this disclosure and protected by the following What is claimed is :
claims. 1 . A case for selectively limiting a user's ability to control
Moreover, embodiments and limitations disclosed herein 45 such user 's own mobile electronic device , comprising ,
are not dedicated to the public under the doctrine of dedi- a shell defining a cavity sized to accommodate the user' s
cation if the embodiments and/or limitations : ( 1 ) are not mobile electronic device and having an opening to
expressly claimed in the claims; and ( 2 ) are or are potentially receive the user's mobile electronic device therein ; and
equivalents of express elements and /or limitations in the a locking means for at least partially securing the opening
claims under the doctrine of equivalents . 50 of the shell so that the electronic device is rendered
inaccessible to the user, the locking means being fur
CONCLUSIONS, RAMIFICATIONS, AND ther non - disengageable by the user of the mobile elec
SCOPE tronic device;
wherein the predetermined condition is physical presence
While certain embodiments of the invention have been 55 of the case outside of a defined geographical region .
illustrated and described , various modifications are contem 2 . A case for selectively limiting a user' s ability to control
plated and can be made without departing from the spirit and such user ' s own mobile electronic device , comprising,
scope of the invention . For example , communal events are a shell defining a cavity sized to accommodate the user' s
discussed as venues for implementation of the invention , mobile electronic device and having an opening to
however it is contemplated that the system and apparatus 60 receive the user ' s mobile electronic device therein ; and
disclosed may be applied to small scale and even private a locking means for at least partially securing the opening
venues such as for example , a private home, a restaurant, of the shell so that the electronic device is rendered
members -only club , and even automobile or other vehicle . inaccessible to the user, the locking means being fur
Accordingly, it is intended that the invention not be limited , ther non - disengageable by the user of the mobile elec
except as by the appended claim (s ). 65 tronic device ;
The teachings disclosed herein may be applied to other wherein the predetermined condition is the passage of
systems and apparatuses, and may not necessarily be limited time.
US 9,819 ,788 B2
12
3 . A system for selectively limiting a user 's control of 5 . The case of claim 4 , wherein at least one of the female
such user ' s own electronic device , comprising : and male plates comprise a radio frequency identification tag
a case sized to receive the user 's mobile electronic device operative to receive instructions from a remote transmitter to
having disengage the locking means when the predetermined con
a front and a rear panel each having first and second 5 dition is met
longitudinally opposed side edges and laterally 6 . The case of claim 3 . wherein a microprocessor is
opposed lower edges , further disposed in one or both of the female and male plates
the first, second , and lower edges being secured
together to define an opening for receiving a mobile to receive a wireless data signal from a beacon or transmitter
electronic device , the case operative to become 10 to disengage the locking means when the predetermined
locked so that the user is unable to access his own condition is met.
mobile electronic device contained therein until a 7 . The case of claim 3, wherein the predetermined con
predetermined condition is met; dition is physical presence outside of a defined geographical
a locking means for at least partially securing the opening ; region .
and 15 8. The case of claim 3, wherein the predetermined con
means for unlocking the case . dition is the passage of time.
4 . The case of claim 3 , wherein the locking means 9 . The system of claim 3 , wherein the mobile electronic
comprises a female and a male plate , the plates respectively device is operative to receive instructions to disable one or
disposed on each of the front and rear panels and configured more coded functions of the mobile electronic device .
to securably mate with one another. * * * * *
EXHIBIT B
EXHIBIT C
EXHIBIT D
October 1, 2021
TRANSMITTED VIA PRIORITY MAIL
John Nguyen
Win Elements
PO Box 7240
Moreno Valley, CA 92552
re: Misappropriation of Intellectual Property – Unlawful Use of Patent
Dear Mr. Nguyen,
This firm represents Focally LLC and Graham Dugoni (collectively, our “Clients”), who
are the manufacturer and inventor, respectively, of a novel and distinctive apparatus and system
for creating phone-free environments. This system and apparatus is the subject of U.S. Patent No.
9,819,788 for “System and Apparatus for Selectively Limiting User Control of an Electronic
Device” (the “Patent”). See EXHIBIT A.
Our Clients’ patented system directs individuals to place their mobile devices into a
Yondr® case, which thereafter locks for the duration of a performance, seminar, educational
instruction, or other live show or event, while simultaneously allowing the user to maintain
possession of their device. This innovative system attracts customers from a variety of fields,
John Nguyen – Win Elements

October 1, 2021
Page 2 of 20
including music, comedy, education, legal, as well as others. Notable individuals such as Dave
Chappelle, Kanye West, Donald Glover/Childish Gambino, Madonna, Bruno Mars, Ali Wong, Joe
Rogan, John Mayer, Chris Rock, Jennifer Lawrence, and Aziz Ansari are among Yondr’s
numerous satisfied customers. Further, our Clients have been featured in a number of publications
and broadcasts with international readership and viewership, respectively, including The New York
Times, The Wall Street Journal, CNBC, The Guardian, The Atlantic, Forbes, Cosmopolitan,
Chicago Tribune, Wired, CBS, Rolling Stone, Newsweek, The Washington Post, and Billboard,
and ABC News.
It has recently come to our attention that you have been advertising, offering for sale and/or
selling a “safe pouch” that likely infringes our Clients’ patent in violation of the Patent Act, 35
U.S.C. §§ 100 et seq. See EXHIBIT B. Your actions likely constitute unfair competition under
California’s Business & Professions Code § 17200, as well. Remedies available to our Clients
include:
• Injunctive relief (35 U.S.C. § 283);
• The recovery of damages, interest and costs (35 U.S.C. § 284); and
• Attorneys’ fees (35 U.S.C. § 285).
Our Clients’ intellectual property has been acquired at great expense and is an extremely
important and valuable asset of our Clients’ business. Accordingly, our Clients have instructed us
to take the appropriate steps to protect its business interests. On behalf of our Clients, we demand
that you do the following:
1. Immediately cease and desist distributing, manufacturing, offering for sale and selling the
aforementioned “safe pouches”;

!
Omn1 Legal Group

Los Angeles: 2029 Century Park E, Suite 400, Los Angeles, CA 90067
Beverly Hills: 9025 Wilshire Blvd. Suite 500, Beverly Hills, CA 90211
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2. Immediately agree in writing that neither you, nor any other person or entity acting on
behalf of or in connection with you will directly or indirectly engage in further
unauthorized sale of our Clients’ intellectual property;
3. Immediately provide your cooperation to identify any and all parties that have any
unauthorized “safe pouches”;
4. Deliver to our office all unsold imitation “safe pouches” immediately;
5. Pay to our Clients all profits made from any such sale of products and any other such
exploitation of their properties; and
6. Desist from this or any other infringement of our Clients’ intellectual property rights in the
future.
Affirm your willingness to cooperate by signing the enclosed Cease and Desist
confirmation letter and either mailing it to: Omni Legal Group, 2029 Century Park E, Suite 400,
Los Angeles, CA 90067, or faxing it to: (310) 305-1550. If we have not received an affirmative
response by the close of business on October 15, 2021 indicating that you have fully complied
with these requirements, we will advise our Clients of all legal remedies in connection with this
matter.
Our Clients desire to resolve this matter amicably and assumes that you do as well.
However, if our Clients do not receive a satisfactory and timely response, our Clients are prepared
to take all steps necessary to protect its valuable intellectual property rights, without further notice.
The above is not an exhaustive statement of all the relevant facts and law and constitutes a proposal
to resolve this matter without resorting to litigation for settlement purposes only. Our Clients
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expressly reserve all of their legal and equitable rights and remedies, including the right to seek
injunctive relief and recover monetary damages.
Thank you for your immediate attention to this matter.
Respectfully,
Omid E. Khalifeh
Patent Attorney
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EXHIBIT A
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MAIMOTOMONTANTULUICUI A UN DO TA MINI
US009819788B2
(12) United
Dugoni
States Patent ( 10) Patent No.: US 9,819 ,788 B2
(45 ) Date of Patent: Nov . 14 , 2017
(54) SYSTEM AND APPARATUS FOR (56 ) References Cited
SELECTIVELY LIMITING USER CONTROL
OF AN ELECTRONIC DEVICE U . S . PATENT DOCUMENTS
(71) Applicant: Graham Dugoni, San Francisco , CA 5,977,876 A * 11/1999 Coleman A45C 13/ 10
340 /539 . 1
(US ) 6 ,218 ,929 B1* 4 /2001 Furuta ................ GO7C 9/00309
340 / 10 . 1
(72 ) Inventor: Graham Dugoni, San Francisco , CA 6 ,499,638 B2 * 12/2002 Campbell ................ B62J 9 /001
(US) 190 / 18 A
6 ,608 ,548 B1 * 8 /2003 Pellaton ............. G07C 9 /00912
340 / 5 . 1
( * ) Notice : Subject to any disclaimer, the term of this 7,277,726 B2 * 10/ 2007 Ahya ................. H04W45524/418
/00
patent is extended or adjusted under 35
U .S .C . 154 (b ) by 20 days. 2004 /0166910 A1* 8/2004 Ha .... A45C 11/ 00
455 /575 .8
(21) Appl. No.: 14/692,530 2011/0312394 Al * 12/ 2011 Jeon ................ A45C 1100
455 /575 . 8
( 22 ) Filed : Apr. 21, 2015 ( Continued )
Primary Examiner — William D Cumming
(65 ) Prior Publication Data (74 ) Attorney, Agent, or Firm - Omni Legal Group ;
US 2016/0316053 A1 Oct. 27, 2016 Omid E . Khalifeh
(51 ) Int. Cl. (57 ) ABSTRACT
H04M 3 /00 (2006 .01) A system and apparatus for selectively limiting user control
HO4M 1 /00 ( 2006 .01) of a mobile electronic device are provided . In an embodi
H04M 1/ 725 ( 2006 .01) ment, the apparatus may be a case sized to receive a mobile
H04W 12/08 ( 2009 .01 ) electronic device , the case having a locking means to at least
G06K 19 / 00 (2006 .01) partially secure an opening thereof. When engaged , the
G06K 19 /07 (2006 .01) locking means may be physically impenetrable by the user
H04M 1/667 ( 2006 .01 ) of the mobile electronic device and may further be config
H04M 1 / 18 ured to engage and disengage in the presence of one or more
(2006 . 01) pre -determined conditions. For example , the lock may
(52) U . S . CI. engage when the case is detected within a certain geographi
CPC ...... H04M 1/ 72577 (2013 .01) ; G06K 19 /005 cal region or even during a specified time. It is contemplated
(2013 .01); G06K 19/ 0723 (2013.01); H04M that providing disclosed systems and apparatuses may
1/667 (2013 .01); H04W 12 /08 ( 2013.01) ; reduce undesirable behavior at communal events by elimi
H04M 1 / 185 (2013. 01 ); H04M 1/ 72572 nating distractions posed by mobile electronic devices and
(2013 .01) preventing unauthorized recordings, which together may
(58 ) Field of Classification Search enhance overall engagement at and enjoyment of such
??? ....... ....... H04W 24 /00 events .
USPC . . . . . ........ . .................. 455 /418 , 575. 8
See application file for complete search history . 9 Claims, 4 Drawing Sheets
100
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US 9,819 ,788 B2
Page 2
(56) References Cited

U . S . PATENT DOCUMENTS
2012/0187003 Al * 7/2012 Stewart ............. B65D2065/4291
/216
2012/0217275 A1 * 8/2012 Yu . .. .... A45F 5 /00
224 / 267
* cited by examiner
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Nov. 14 , 2017 Sheet 3 of 4 US 9,819,788 B2
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US 9 ,819,788 B2
SYSTEM AND APPARATUS FOR discloses a system that, in part, shuts off a cell phone and
SELECTIVELY LIMITING USER CONTROL prevents a user from turning the cell phone on while it is
OF AN ELECTRONIC DEVICE within a restricted area , such as a car. This solution is
deficient however, because it completely prevents users
CROSS - REFERENCE TO RELATED 5 from being notified of any incoming calls or messages that
APPLICATIONS may require the user 's attention . The ' 229 patent further
discloses a system that limits cell phone function when it is
Pursuant to 35 USC 119 , this application claims the right detected within an automobile. Aside from the geographi
of priority to Provisional Patent Application Ser . No.61/ 982, cally limited application of this invention , it is also deficient
789 filed on Apr. 22 , 2014 . The content of said application
application 10 because it fails to blocks the screen to diminish possible
temptation to use the device .
is incorporated herein by reference in its entirety . Other attempts to discourage use of mobile electronic
GOVERNMENT CONTRACT devices at communal events and in certain venues have been
largely ineffective . For example, providing signs and
Not applicable . 15 instructions to refrain from using mobile electronic devices
in certain areas and/ or during specified time periods are
STATEMENT RE. FEDERALLY SPONSORED often ignored . Moreover, requiring people to leave mobile
RESEARCH /DEVELOPMENT electronic devices at home, turn them off, or to physically
turn them over to venue staff for the duration of an event is
Not applicable . 20 often met with resistance . This may be because users prefer
not to be separated from their valuable personal property ,
COPYRIGHT & TRADEMARK NOTICES fearing theft of their devices and electronically stored infor
mation , and even the risk ofmissing importantmessages or
A portion of the disclosure of this patent document may other notifications .
contain material that is subject to copyright protection . This 25 Thus, although various proposals have been made to solve
patent document may show and/ or describe matter that is or the problem , none of those in existence combine the char
may become trade dress of the owner. The copyright and acteristics of the present invention . Therefore , there remains
trade dress owner has no objection to the facsimile repro - a need for a system and apparatus that selectively limits
duction by any one of the patent document or the patent access to and/or disables functions of a mobile electronic
disclosure, as it appears in the Patent and Trademark Office 30 device .
patent files or records , but otherwise reserves all copyrights
and trade dress rights whatsoever. SUMMARY
TECHNICAL FIELD The present disclosure is directed to techniques for lim
35 iting access to and control of personal mobile electronic
The disclosed subject matter relates generally to systems devices within certain geographic locations or even during
and apparatuses for limiting functionality of personal elec specified periods of time.
tronic devices and, more particularly, to locking cases and For purposes of summarizing , certain aspects , advantages,
other techniques that selectively limit a user ' s ability to and novel features have been described . It is to be under
access and control such electronic devices until predeter- 40 stood that not all such advantages may be achieved in
mined conditions, such as geographic location and passage accordance with any one particular embodiment. Thus , the
of time, are met. disclosed subject matter may be embodied or carried out in
a manner that achieves or optimizes one advantage or group
BACKGROUND of advantages without achieving all advantages as may be
45 taught or suggested .
Handheld and mobile electronic devices have become In one embodiment, among others , the apparatus is a case
ubiquitous for conveniently enhancing wireless communi- sized to accommodate a mobile electronic device . More
cation and connectivity . Still, the extent of their pervasive particularly , the case may comprise a front and a rear panel
use has also proven to be unwelcome in certain settings . secured together along longitudinally opposed side edges
In many instances, mobile electronic devices can distract 50 and laterally opposed lower edges . Configured in this man
users from appreciating their surroundings and company of ner, the front and rear panels and sealed edges may define an
others to a full extent . For example, many who bring their opening to receive the mobile electronic device .
mobile electronic devices , such as cell phones, to social The case may additionally comprise a locking means for
outings may find themselves foregoing live conversation to at least partially securing the opening . The locking means
check their phones for textmessages , missed calls , and other 55 may comprise opposing plates disposed on or within the
virtual communications. Additionally , as photo and video front and rear panels of the case . More particularly, opposing
recording capabilities have improved , users have increas - plates respectively having securably mateable female and a
ingly taken to using their mobile electronic devices to record male members are contemplated . It is additionally contem
performers, speakers , and even athletes at live events . This plated that the locking meansmay first render the electronic
can be distracting to the performers and to others in the 60 device inaccessible to the user, or in other words possessor,
audience , detracting from overall enjoyment of the event of the device and second be non - disengageable by the user
Indeed , this can even be harmful to the intellectual property of the mobile electronic device until predetermined condi
rights of performers whose copyrighted or otherwise valu - tion is met. In other words, when engaged , the locking
able and legally protectable displays and performances are means may be physically impenetrable by the user of the
digitally recorded and distributed without authorization. 65 mobile electronic device and may further be configured to
Attempts have been made to limit use ofmobile electronic disengage to provide the user with access to his or her
devices . For example, U .S .Pat. No. 7 ,181 ,229 to Singh et al. mobile electronic device only under certain circumstances .
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US 9 ,819 ,788 B2
For example , predetermined condition may relate to geo BRIEF DESCRIPTION OF THE DRAWINGS
graphic location or timing . Indeed , in one embodiment, the
case may be used to render a mobile electronic device FIG . 1 is a perspective view ofan embodiment of the case
inaccessible during a communal event such as a show , for selectively limiting user control of an electronic device .
demonstration , display, or athletic competition within a 5 FIG . 2 is an alternate perspective view of an embodiment
concert hall, center, arena , or similar venue. In such sce - of the case for selectively limiting user control of an
narios, the locking meansmay only become disengageable electronic device .
if a user leaves the venue. Alternatively , the locking means FIG . 3 is a skeletal view of an embodiment of the case for
may only become disengageable at such a time as the 10 selectively limiting user control of an electronic device .
FIG . 4 illustrates an embodimentofmeans for locking the
communal event is completed . As yet another alternative , embodiment of the case for selectively limiting user control
the locking means may become disengageable when a user of an electronic device in FIGS . 1 - 3 .
locates venue staff who are equipped to physically disengage FIGS . 5 and 6 show an embodiment of means for unlock
the locking means on their behalf. ing an embodiment of the case for selectively limiting user
In an embodiment, the locking means may be remotely 15 .
remotely 15 control of an electronic device .
engageable and disengageable . The locking means may be FIG . 7 is a schematic representation of an embodiment of
equipped with electronic receivers such as a radio frequency the system for selectively limiting user control of an elec
identification (RFID ) configured to instruct the locking
means to alternatively engage and disengage when it FIG . 8 illustrates an exemplary embodiment of a mobile
receives a signal from a proximity transmitter indicating that 20 electronic device practicing an embodiment of the system
the case has respectively entered and exited defined geo for selectively limiting user control of the electronic device .
graphical region . Thus, for example , the locking means may The disclosed embodiments may be better understood by
receive instructions to lock the device when it is located referring to the figures in the attached drawings, as provided
within an audience seating area of a venue or concert hall . below . The attached figures are provided as non - limiting
Then , the locking device may receive instructions to unlock 25 examples for providing an enabling description of the sys
the device when it is located outside of the audience area of tem and apparatus claimed . Attention is called to the fact,
a venue or concert hall. however, that the appended drawings illustrate only typical
In still another embodiment, the locking device may be embodiments of this invention and are therefore not to be
equipped with a microprocessor configured to receive Blu - considered as limiting of its scope . One skilled in the art will
etoothTM or other wireless data signals from a beacon or 30 understand that the invention may be practiced without some
transmitter within a defined perimeter. Thus , for example , of the details included in order to provide a thorough
receipt of a wireless data signal may cause the locking enabling description of such embodiments . Well-known
means on the case to engage so that it restricts access to the structures and functions have not been shown or described
mobile electronic device housed within the case . In other in detail to avoid unnecessarily obscuring the description of
examples , the absence of a wireless data signal may cause 35 the embodiments .
the locking device to engage . One embodiment of the invention is implemented as a
It is contemplated that providing disclosed systems and program product for use with a computer system . The
apparatuses according to the disclosure and claims provided program ( s ) of the program product defines functions of the
below may reduce undesirable behavior at communal events embodiments (including the methods described herein ) and
by eliminating distractions posed by mobile electronic 40 can be contained on a variety of computer -readable storage
devices and preventing unauthorized recordings, which media . Illustrative computer-readable storage media
together may enhance overall engagement at and enjoyment include , but are not limited to : (i ) non -writable storage
of such events . media ( e . g ., read -only memory devices within a computer
Thus, it is an object of the invention to eliminate distrac - such as CD -ROM disks readable by a CD -ROM drive) on
tions caused by use of mobile electronic devices at commu - 45 which information is permanently stored ; ( ii ) writable stor
nal events . age media (e . g., floppy disks within a diskette drive or
It is another object of the invention to prevent users from hard -disk drive ) on which alterable information is stored .
controlling their mobile electronic devices within certain Such computer -readable storage media , when carrying com
locations . puter - readable instructions that direct the functions of the
It is yet another object of the invention to prevent users 50 present invention , are embodiments of the present invention .
from controlling their mobile electronic devices during Other media include communications media through which
certain periods of time. information is conveyed to a computer , such as through a
It is still another object of the invention to avoid possible computer or telephone network , including wireless commu
infringement of intellectual property rights caused by unau - nications networks . The latter embodiment specifically
thorized use of recording features available on many mobile 55 includes transmitting information to / from the Internet and
electronic devices . other networks . Such communications media , when carrying
It is another object of the invention to protect personal computer-readable instructions that direct the functions of
privacy of those surrounding users of mobile electronic the present invention , are embodiments of the present inven
devices at communal events by preventing such users from tion . Broadly , computer -readable storage media and com
photographing and recording them , and even further pre - 60 munications media may be referred to herein as computer
venting such users from sharing any impermissibly captured readable media .
photos and recordings . In general, the routines executed to implement the
One or more of the above - disclosed embodiments , in embodiments of the invention , may be part of an operating
addition to certain alternatives , are provided in further detail system or a specific application , component, program ,mod
below with reference to the attached figures. The disclosed 65 ule , object, or sequence of instructions. The computer pro
subject matter is not, however, limited to any particular gram of the present invention typically is comprised of a
embodiment disclosed . multitude of instructions that will be translated by the native
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US 9,819 ,788 B2
computer into a machine-readable format and hence execut- edges 110 . The lower edges 110 may be secured by perma
able instructions. Also , programs are comprised of variables nently stitching or gluing together, while the side edges 108
and data structures that either reside locally to the program may be stitched or glued upward from the lower toward an
or are found in memory or on storage devices. In addition , opening 112 that is defined by the front and rear panels 104 ,
various programs described hereinafter may be identified 5 106 and permanently secured edges 108, 110 and further
based upon the application for which they are implemented sized to receive the mobile electronic device 102 .
in a specific embodiment of the invention . However, it As illustrated , one embodiment of the apparatus may be
should be appreciated that any particular program nomen - a soft, flexible case . It may comprise various rugged mate
clature that follows is used merely for convenience , and thus rials such as neoprene, lycra , silicone rubber, spandex , vinyl,
the invention should not be limited to use solely in any 10 canvas, and any other material or combinations of materials
specific application identified and/ or implied by such sufficient to temporarily house a mobile electronic device .
nomenclature . Additionally , various other configurations are contemplated
For simplicity and clarity of illustration , the drawing for the shape of the apparatus as well . For example , the
figures illustrate the general manner of construction , and invention may comprise a rigid shell or box having a
descriptions and details of well -known features and tech - 15 securable. opening to receive a mobile electronic device . As
niques may be omitted to avoid unnecessarily obscuring the such , one skilled in the art will recognize that the illustrated
invention . Additionally, elements in the drawing figures are figures are offered by way of example and ease of under
not necessarily drawn to scale . For example , the dimensions standing only , not of limitation .
of some of the elements in the figures may be exaggerated The apparatus for selectively limiting user control of an
relative to other elements to help improve understanding of 20 electronic device further comprises a locking means 114 for
embodiments of the present invention . The same reference at least partially securing the opening 112 so the mobile
numerals in different figures denote the same elements . electronic device 102 ismay be rendered inaccessible to and
The terms“ first,” “ second ,” “ third,” “ fourth ," and the like further incontrollable by the user of the device although it
in the description and in the claims, if any, are used for may still remain in his possession .
distinguishing between similar elements and not necessarily 25 In one embodiment , the locking means 114 comprises
for describing a particular sequential or chronological order. opposing plates disposed on or within the front and rear
It is to be understood that the terms so used are interchange panels 106 , 108 of the case 100 , and to effect locking, each
able under appropriate circumstances such that the embodi opposing plate has one of a securably mateable female 114a
ments described herein are , for example , capable of opera - and male 114b member. Other locking means are , of course ,
tion in sequences other than those illustrated or otherwise 30 contemplated . For example , magnetic plates , selectively
described herein . Furthermore , the terms “ include ," and releasable mesh , lockable zippers, and other means for at
“ have,” and any variations thereof, are intended to cover a least partially securing the opening 112 may be sufficient to
non - exclusive inclusion , such that a process , method , sys - practice the invention . In this manner, the locking means 114
tem , article , device , or apparatus that comprises a list of may first render the electronic device 102 inaccessible to the
elements is not necessarily limited to those elements , but 35 user by at least partially securing the opening 112 of the
may include other elements not expressly listed or inherent device , and second be non - disengageable by the user of the
to such process , method , system , article , device , or appara - mobile electronic device until a predetermined condition is
tus. met.
The terms “ couple," " coupled ," " couples," " coupling,” One or more embodiments of the case 100 may be
and the like should be broadly understood and refer to 40 configured to selectively limit access to a mobile electronic
connecting two or more elements or signals , electrically, device 102 in response to various predetermined conditions .
mechanically or otherwise . Two or more electrical elements In one embodiment, the case may be outfitted with locking
may be electrically coupled , but notmechanically or other means 114 comprising a manual, key -operated latch wherein
wise coupled ; two or more mechanical elements may be means for unlocking comprise a corresponding key . In such
mechanically coupled , but not electrically or otherwise 45 an embodiment, the case 100 may be manually locked or
coupled ; two or more electrical elements may be mechani- unlocked by venue staff or other members in possession of
cally coupled , but not electrically or otherwise coupled . such a key . Thus, the system for selectively limiting user
Coupling (whether mechanical, electrical, or otherwise )may control of an electronic device may involve a predetermined
be for any length of time, e . g ., permanent or semi-permanent condition requiring the user of the electronic device 102 to
or only for an instant. 50 locate venue staff or other members in possession of the key
to manually unlock the case 100 on user 's behalf.
DETAILED DESCRIPTION With reference to FIGS. 5 and 6 , the system 500 for
selectively limiting user control of an electronic device may
Having summarized various aspects of the present dis - comprise a locking means 114 having electronic receivers,
closure , reference will now be made in detail to that which 55 such as a radio frequency identification (RFID ) tag and
is illustrated in the drawings. While the disclosure will be means for unlocking the case 100 comprising an electronic
described in connection with these drawings, there is no article surveillance (EAS) detacher 502 for separating the
intent to limit it to the embodiment or embodiments dis mating portions of the locking means 114 . The EAS detacher
closed herein . Rather, the intent is to cover all alternatives , 502 may be, for example , any of those known in the to
modifications and equivalents included within the spirit and 60 contain strong magnets that interrupt electromagnetic fields
scope of the disclosure as defined by the appended claims. such as those in the range of radio frequencies . Thus, in one
With reference to FIGS. 1 -4 the apparatus for selectively embodiment represented by FIG . 5 , the at least partially
limiting user control of an electronic device may be embod - secured locking means 114 may be touched to the EAS
ied as a case 100 sized to accommodate a mobile electronic detacher 502 so that any electromagnetic fields enabling the
device 102 . More particularly , the case may comprise a front 65 locking means 114 to remain secured are interrupted . This ,
104 and a rear panel 106 secured together along longitudi- in turn , may allow the locking means 114 to become
nally opposed side edges 108 and laterally opposed lower unsecured and further exposes the mobile electronic device
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US 9 ,819,788 B2
102 within the case as in FIG . 6 . In such an embodiment, it locking means may be physically impenetrable by the user
is contemplated that the predetermined condition involves of the mobile electronic device and may further be config
locating an EAS detacher. In the event that the system and ured to automatically or manually disengage to provide the
apparatus for selectively limiting user control of an elec - user with access to his or her mobile electronic device only
tronic device is employed to reduce distractions at a com - 5 under certain circumstances.
munal event, such means for unlocking the case may be In still another embodiment, the mobile electronic device
placed out side of any audience viewing area or even at 102 itself includes an embodiment of the system for selec
venue exit ways . tively limiting user control of an electronic device . The
The means for unlocking the case may also operate system can be implemented in numerous ways such as, for
remotely to cause the case to automatically lock and unlock . 10 example and without limitation , those discussed above , and
For example , in one embodiment, the locking means may even as an application executed on the mobile electronic
automatically lock and unlock when the case is determined device 102 . In operation , an embodiment of the system
to be, respectively , within and outside of a defined geo - receives information from integrated positioning technol
graphical region . For example , with reference to FIG . 7, ogy , such Global Position Systems (GPS ) to selectively limit
another embodiment of the system may comprise locking 15 a user 's ability to controlhis or hermobile electronic device .
means 114 having electronic receivers such as the afore - Of course , one skilled in the art will recognize that various
mentioned RFID tag disposed therein and further configured methods of determining the location of a mobile electronic
to instruct the locking means to alternatively engage and device can be used .
disengage when it receives a signal from a proximity trans - In a further embodiment, a geofence may be created
mitter 702 . Thus, for example , the locking means may 20 around a venue for a communal event , or other location
receive instructions to lock the device when it is located in where it may be desirable to limit use of a mobile electronic
100a the geographical region 704 within reach of the device , so that the system automatically disables certain
transmitter 702 . Then , the locking means 114 may receive functional capabilities of the mobile electronic device 102
instructions to unlock the device when it is located outside any time the device comes within a predetermined distance
100b of the geographical region 704 within reach of the 25 of the venue or other location . For example , a mobile
transmitter 702 . In such an embodiment, it is contemplated electronic device within the geofence may be rendered
that the predetermined condition requires a user to exit a incapable of sending or receiving voice and /or text mes
geographical region to regain access and control of his or her sages . As another example , a mobile electronic device
mobile electronic device . As a more particularized example , within the geofence may be incapable of running applica
a transmitter signal may be configured to cover the geo - 30 tions or other programs operative to capture audio and / or
graphical region of an audience seating area at a venue visual recordings . As yet another example, a mobile elec
hosting a communal event. When within the audience seat - tronic device within the geofencemay be rendered incapable
ing area , the case 100a may remain secured so that a user is of receiving or transmitting data through the Internet and
unable to access or control the mobile electronic device other networks.
contained therein . However, when the case 100b travels 35 FIG . 8 illustrates an exemplary embodiment of a mobile
outside of the audience seating area , such as to a foyer , electronic device 102 that may be compatible with one or
lobby, or restroom , the locking means 114 may become more embodiments of the disclosed system and apparatus.
unsecured to provide access to the mobile electronic device . Themobile electronic device 102 may be a cell phone, smart
It should be understood that such a limitation is offered by phone, or tablet computer butmay also be embodied in any
way of example only . The transmitter signal may be con - 40 one of a wide variety of wired and / or wireless computing
figured to cover any desirable area , and indeed a plurality of devices . As shown in FIG . 8 , mobile electronic device 102
transmitters 702 may even be employed to enlarge or includes a processing device (processor ) 802 , input/output
otherwise define the geographical region affecting access interfaces 804 , a display 806 , a touchscreen interface 808 , a
and control of the mobile electronic device . network interface 810 , memory 812 , and operating system
In still another embodiment, the locking device may be 45 814 , a mass storage 816 and a GPS 818 , with each com
equipped with a microprocessor configured to receive Blu - municating across a local data bus 820 . Additionally, mobile
etoothTM or other wireless data signals from a beacon or electronic device 802 incorporates a system for selectively
transmitter within a defined perimeter. Thus, for example , limiting user control of an electronic device 102 , which may
receipt of a wireless data signal may cause the locking optionally be configured to include programming instruc
means on the case to engage so that it restricts access to the 50 tions to selectively disable any of the aforementioned fea
mobile electronic device housed within the case . In other tures of the mobile electronic device 102 . For example , in
examples, the absence of a wireless data signal may cause one embodiment, the system for selectively limiting user
the locking device to engage . control of an electronic device 102 may communicate
In addition to geographical proximity to electromagnetic instructions to disable input/output interfaces 804
and other wireless data signals , the predetermined condition 55 The processing device 802 may include any custom made
may also or alternatively relate to the passage of time. For or commercially available processor, a central processing
example , the locking means may automatically become unit (CPU ) or an auxiliary processor among several proces
unsecured at the time that a communal event is scheduled to sors associated with the mobile electronic device 102 , a
end or even during intermissions. Thus a transmitter may semiconductor based microprocessor ( in the form of a
produce a signal causing the locking means to remain 60 microchip ), a macroprocessor , one or more application spe
secured for a period of time. When the period of time cific integrated circuits (ASICs), a plurality of suitably
elapses , the transmitter may stop producing the signal so that configured digital logic gates, and other electrical configu
the locking means becomes unsecured . Of course , various rations comprising discrete elements both individually and
other predetermined conditions and means for unlocking in various combinations to coordinate the overall operation
may signal or prompt the release of the locking means, and 65 of the system .
the foregoing are offered only for the purpose ofenabling the Thememory 812 can include any one of a combination of
system and apparatus. In any event, when engaged , the volatile memory elements (e. g., random - access memory
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US 9 ,819,788 B2
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(RAM , such as DRAM , and SRAM , etc. )) and nonvolatile to any described herein . The elements and acts of the various
memory elements . The memory typically comprises native embodiments described above can be combined to provide
operating system 814 , one or more native applications, further embodiments. All of the above patents and applica
emulation systems, or emulated applications for any of a tions and other references, including any that may be listed
variety of operating systems and /or emulated hardware 5 in accompanying filing papers, are incorporated herein by
platforms, emulated operating systems, etc . For example , the reference . Aspects of the invention can be modified , if
applications may include application specific software necessary , to employ the systems, functions and concepts of
which may comprise some or all the components of the the various references described above to provide yet further
mobile electronic device 102 . In accordance with such embodiments of the invention .
embodiments, the components are stored in memory and 10 Particular terminology used when describing certain fea
executed by the processing device . Note that although tures or aspects of the invention should notbe taken to imply
depicted separately in FIG . 8 , the system selectively limiting that the terminology is being refined herein to be restricted
user control of an electronic device 102 may be resident in to any specific characteristics , features , or aspects of the
memory such as memory 812 . system and apparatus for selectively limiting user control of
Touchscreen interface 808 may configured to detect con - 15 an electronic device with which that terminology is associ
tact within the display area of the display 806 and provides ated . In general, the terms used in the following claims
such functionality as on - screen buttons, menus, keyboards, should notbe constructed to limit the system and apparatus
etc . that allows users to navigate user interfaces by touch . for selectively limiting user control of an electronic device
Some embodiment of the mobile electronic device 102 will to the specific embodiments disclosed in the specification
even comprise GPS 818 or other means to determine the 20 unless the above description section explicitly define such
location of the mobile electronic device 102 . terms. Accordingly , the actual scope encompasses not only
One of ordinary skill in the art will appreciate that the the disclosed embodiments, but also all equivalent ways of
memory 814 can , and typically will, comprise other com - practicing or implementing the disclosed system and appa
ponents thathave been omitted for purposes of brevity . Note ratus. The above description of embodiments of the system
that in the context of this disclosure, a non -transitory com - 25 and apparatus for selectively limiting user control of an
puter -readable medium stores one or more programs for use electronic device is not intended to be exhaustive or limited
by or in connection with an instruction execution system , to the precise form disclosed above or to a particular field of
apparatus , or device . With further reference to FIG . 8 , usage .
network interface device 810 comprises various components While specific embodiments of, and examples for , the
used to transmit and /or receive data over a networked 30 method , system , and apparatus are described above for
environment. When such components are embodied as an illustrative purposes , various equivalent modifications are
application , such as an application for executing and possible for which those skilled in the relevant art will
embodiment of the system for selectively limiting user recognize .
control of the electronic device , the one or more components While certain aspects of the method and system disclosed
may be stored on a non -transitory computer- readable 35 are presented below in particular claim forms, various
medium and executed by the processing device . aspects of the system and apparatus are contemplated in any
It should be emphasized that the above -described embodi number of claim forms. Thus, the inventor reserves the right
ments are merely examples of possible implementations to add additional claimsafter filing the application to pursue
Many variations and modifications may be made to the such additional claim forms for other aspects of the system
above - described embodiments without departing from the 40 and apparatus for selectively limiting user control of an
principles of the present disclosure . All such modifications electronic device .
and variations are intended to be included herein within the
scope of this disclosure and protected by the following What is claimed is :
claims. 1 . A case for selectively limiting a user's ability to control
Moreover, embodiments and limitations disclosed herein 45 such user 's own mobile electronic device , comprising ,
are not dedicated to the public under the doctrine of dedi- a shell defining a cavity sized to accommodate the user' s
cation if the embodiments and/or limitations : ( 1 ) are not mobile electronic device and having an opening to
expressly claimed in the claims; and ( 2 ) are or are potentially receive the user's mobile electronic device therein ; and
equivalents of express elements and /or limitations in the a locking means for at least partially securing the opening
claims under the doctrine of equivalents . 50 of the shell so that the electronic device is rendered
inaccessible to the user, the locking means being fur
CONCLUSIONS, RAMIFICATIONS, AND ther non - disengageable by the user of the mobile elec
SCOPE tronic device;
wherein the predetermined condition is physical presence
While certain embodiments of the invention have been 55 of the case outside of a defined geographical region .
illustrated and described , various modifications are contem 2 . A case for selectively limiting a user' s ability to control
plated and can be made without departing from the spirit and such user ' s own mobile electronic device , comprising,
scope of the invention . For example , communal events are a shell defining a cavity sized to accommodate the user' s
discussed as venues for implementation of the invention , mobile electronic device and having an opening to
however it is contemplated that the system and apparatus 60 receive the user ' s mobile electronic device therein ; and
disclosed may be applied to small scale and even private a locking means for at least partially securing the opening
venues such as for example , a private home, a restaurant, of the shell so that the electronic device is rendered
members -only club , and even automobile or other vehicle . inaccessible to the user, the locking means being fur
Accordingly, it is intended that the invention not be limited , ther non - disengageable by the user of the mobile elec
except as by the appended claim (s ). 65 tronic device ;
The teachings disclosed herein may be applied to other wherein the predetermined condition is the passage of
systems and apparatuses, and may not necessarily be limited time.
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US 9,819 ,788 B2
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3 . A system for selectively limiting a user 's control of 5 . The case of claim 4 , wherein at least one of the female
such user ' s own electronic device , comprising : and male plates comprise a radio frequency identification tag
a case sized to receive the user 's mobile electronic device operative to receive instructions from a remote transmitter to
having disengage the locking means when the predetermined con
a front and a rear panel each having first and second 5 dition is met
longitudinally opposed side edges and laterally 6 . The case of claim 3 . wherein a microprocessor is
opposed lower edges , further disposed in one or both of the female and male plates
the first, second , and lower edges being secured
together to define an opening for receiving a mobile to receive a wireless data signal from a beacon or transmitter
electronic device , the case operative to become 10 to disengage the locking means when the predetermined
locked so that the user is unable to access his own condition is met.
mobile electronic device contained therein until a 7 . The case of claim 3, wherein the predetermined con
predetermined condition is met; dition is physical presence outside of a defined geographical
a locking means for at least partially securing the opening ; region .
and 15 8. The case of claim 3, wherein the predetermined con
means for unlocking the case . dition is the passage of time.
4 . The case of claim 3 , wherein the locking means 9 . The system of claim 3 , wherein the mobile electronic
comprises a female and a male plate , the plates respectively device is operative to receive instructions to disable one or
disposed on each of the front and rear panels and configured more coded functions of the mobile electronic device .
to securably mate with one another. * * * * *
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EXHIBIT B
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CEASE AND DESIST CONFIRMATION
By signing below I, John Nguyen, on behalf of myself and Win Elements, agree to:
1. Immediately cease and desist distributing, manufacturing, offering for sale and selling the
aforementioned “safe pouches”;
2. Immediately agree in writing that neither you, nor any other person or entity acting on
behalf of or in connection with you will directly or indirectly engage in further
unauthorized sale of Focally LLC or Graham Dugoni’s intellectual property;
3. Immediately provide your cooperation to identify any and all parties that have any
unauthorized “safe pouches”;
4. Deliver to our office all unsold imitation “safe pouches” immediately;
5. Pay to Focally LLC and Graham Dugoni all profits made from any such sale of products
and any other such exploitation of their properties; and
6. Desist from this or any other infringement of Focally LLC or Graham Dugoni’s intellectual
property rights in the future.
_____________________________ _____________________________
John Nguyen Date

Focally v. Win Elements - Complaint

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Case 5:21-cv-02105 Document 1 Filed 12/17/21 Page 1 of 14 Page ID #:1

1 PLAINTIFFS FOCALLY LLC (“Focally”) and GRAHAM DUGONI (“Dugoni”

1 Jennifer Lawrence, and Aziz Ansari as among Plaintiffs’ numerous satisfied

1 26. Claim 3 of the Patent is reproduced below:

1 paragraphs 1 through 48 above and incorporate them by reference.

(56) References Cited

atent Nov. 14 , 2017 Sheet 1 of 4 US 9 ,819 , 788 B2

104 104 102

atent Nov. 14 , 2017 Sheet 2 of 4 US 9 ,819 , 788 B2

atent Nov. 14 , 2017 Sheet 4 of 4 US 9 ,819 , 788 B2

TRANSMITTED VIA PRIORITY MAIL

re: Misappropriation of Intellectual Property – Unlawful Use of Patent

Dear Mr. Nguyen,

Device” (the “Patent”). See EXHIBIT A.

John Nguyen – Win Elements

and ABC News.

• Injunctive relief (35 U.S.C. § 283);

• Attorneys’ fees (35 U.S.C. § 285).

that you do the following:

aforementioned “safe pouches”;

Omn1 Legal Group

John Nguyen – Win Elements

behalf of or in connection with you will directly or indirectly engage in further

unauthorized sale of our Clients’ intellectual property;

unauthorized “safe pouches”;

4. Deliver to our office all unsold imitation “safe pouches” immediately;

exploitation of their properties; and

Omn1 Legal Group

John Nguyen – Win Elements

injunctive relief and recover monetary damages.

Thank you for your immediate attention to this matter.

Omn1 Legal Group

John Nguyen – Win Elements

Omn1 Legal Group

John Nguyen – Win Elements

Omn1 Legal Group

John Nguyen – Win Elements

(56) References Cited

Omn1 Legal Group

John Nguyen – Win Elements

atent Nov. 14 , 2017 Sheet 1 of 4 US 9 ,819 , 788 B2

104 104 102

Omn1 Legal Group

John Nguyen – Win Elements

atent Nov. 14 , 2017 Sheet 2 of 4 US 9 ,819 , 788 B2

Omn1 Legal Group

John Nguyen – Win Elements

Omn1 Legal Group

John Nguyen – Win Elements

atent Nov. 14 , 2017 Sheet 4 of 4 US 9 ,819 , 788 B2

Omn1 Legal Group

John Nguyen – Win Elements

Omn1 Legal Group

John Nguyen – Win Elements

Omn1 Legal Group

John Nguyen – Win Elements

Omn1 Legal Group

John Nguyen – Win Elements

Omn1 Legal Group