Speculative Prod. Design v. Becker - Complaint

1 JOHNSON & PHAM, LLP

2 Christopher D. Johnson, SBN: 222698

E-mail: [email protected] 3 Christopher Q. Pham, SBN: 206697

4 E-mail: [email protected]

Marcus F. Chaney, SBN: 245227 5 E-mail: [email protected]

6 Hung Q. Pham, SBN: 276613

E-mail: [email protected] 7 6355 Topanga Canyon Boulevard, Suite 326

8 \Voodland Hills, California 91367 Telephone: (818) 888-7540

9 Facsimile: (818) 888-7544

lO Attorneys for Plaintiff

Q

ORIGINAL

11 SPECULATIVE PRODUCT DESIGN, LLC, dba

12 SPECK PRODUCTS

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14

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

15 SPECULATIVE PRODUCT DE~,13~sft2.19 9 ~~y JtJr""J~':Ill 16 LLC, dba SPECK PRODUCTS, J-1 I

California Limited Liability Company, COMPLAINT FOR DAMAGES 17

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Plaintiff,

vs.

KAREN BECKER, an Individual, 21 KA TINKAS USA, LLC, a Utah Limited 22 Liability Company, and DOES 1-10,

Inclusive, 23

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Defendants

AND DECLARATORY RELIEF:

(1) FEDERAL TRADEMARK INFRINGEMENT [15 U.S.C. §1114/Lanham Act §43(a)]

(2) FALSE DESIGNATION OF ORIGIN/UNFAIR COMPETITION/FALSE OR MISLEADING ADVERTISING (15 U.S.C. §1125(a)];

(3) TRADEMARK DILUTION (15 U.S.C. §1125(c)];

( 4) UNFAIR BUSINESS PRACTICES [CALIFORNIA BUSINESS & PROFESSIONS CODE §17200];

(5) FEDERAL COPYRIGHT

- I -COMPLAINT FOR DAMAGES

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INFRINGEMENT [17 U.S.C. §501(a));

(6) COMMON LAW COPYRIGH INFRINGEMENT [CALIFORNIA CIVIL CODE §980 ET SEQ., AND CALIFORNIA COMMON LAW)

(7) FEDERAL DESIGN PATENT INFRINGEMENT [35 U.S.C. §271)

DEMAND FOR JURY TRIAL

11 COMES NOW, Plaintiff SPECULATIVE PRODUCT DESIGN, LLC, dba

12 SPECK PRODUCTS (hereinafter "Plaintiff' and/or "SPECK"), hereby alleges as

13 follows:

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15 I.

PARTIES

Plaintiff, SPECULATIVE PRODUCT DESIGN, LLC, formerly

16 Speculative Product Design, Inc., doing business as Speck Products, is now, and

17 was at the time of the filing of this Complaint and at all intervening times, a

18 California Limited Liability Company, duly authorized and licensed to conduct

19 business in the state of California, with its principal place of business in Mountain

20 View, California.

21 2. Plaintiff alleges, on information and belief, that KAREN BECKER is

22 now, and was at the time of the filing of this Complaint, an individual residing in

23 Salt Lake City, Utah. Plaintiff further alleges, on information and belief, that

24 KA TINKAS USA, LLC, is now, and was at the time of filing this Complaint, a

25 Utah Limited Liability Company, with its principal place of business at 7985 S.

26 Deer Creek Road, Salt Lake City, Utah (collectively "Defendants").

27 3. Defendants conduct business in the jurisdiction of the United States

28 District Court for the Central District of California by offering counterfeits goods

-2-COMPLAINT FOR DAMAGES

1 for sale in Los Angeles, California, that infringes on the registered trademarks of

2 Plaintiff.

3 4. The true names and capacities, whether individual, corporate,

4 associate or otherwise, of Defendants herein named as DOES 1-10, inclusive, are

5 unknown to Plaintiff. Plaintiff therefore sues said Defendants by such fictitious

6 names. When the true names and capacities of said Defendants have been

7 ascertained, Plaintiff will amend this pleading accordingly.

8 5. Plaintiff further alleges that Defendants, and DOES 1-10, inclusive,

9 sued herein by fictitious names are jointly, severally and concurrently liable and

10 responsible with the named Defendant upon the causes of action hereinafter set

11 forth.

12 6. Plaintiff is informed and believes and thereon alleges that at all times

13 mentioned herein Defendants, and DOES 1-10, inclusive, and each of them, were

14 the agents, servants and employees of every other Defendant and the acts of each

15 defendant, as alleged herein, were performed within the course and scope of that

16 agency, service or employment.

17 JURISDICTIONNENUE

18 7. This Court has jurisdiction over the subject matter of the First and

19 Second Causes of Action (violation of the Lanham Act) pursuant to 15 U.S.C.

20 § 1121 and/or 28 U.S.C. §§ 1331 and/or 1338(a).

21 8. This Court has personal jurisdiction over Defendants smce

22 Defendants have committed the tortious and illegal activities of trademark

23 infringement and unfair competition in this district and/or Defendants have

24 sufficient minimum contacts with this district to such that the exercise of

25 jurisdiction over Defendants by this Court does not offend traditional notions of

26 fair play and substantial justice. Among other things, Defendants have advertised,

27 offered to sell and have sold products that infringe the trademarks of Plaintiff to

28 consumers within this judicial district. Defendants have also offered to sell and

- 3-COMPLAINT FOR DAMAGES

1 actually sold counterfeit products (described more fully below) usmg an

2 interactive internet website and knowing or having reason to know that consumers

3 throughout the United States, including within this judicial district, would

4 purchase said counterfeit goods from Defendants, believing that they were

5 authentic goods manufactured and distributed by Plaintiff or its authorized

6 manufacturers.

7 9. Additionally, supplemental jurisdiction exists over Defendants

8 because, on information and belief, Defendants conduct business in California and

9 in this judicial district, have purposefully directed action to California and this

10 district, or have otherwise availed themselves of the privileges and protections of

11 the laws of the State of California, such that this Court's assertion of jurisdiction

12 over Defendants does not offend traditional notions of fair play and due process.

13 10. Venue is proper, inter alia, pursuant to 28 U.S.C. §1391(b) because

14 on information and belief, a substantial part of the events or omissions giving rise

15 to the claim occurred in this judicial district, and has caused damages to Plaintiff

16 in this district. The counterfeit Speck®-branded products were purchased from

17 California and Defendants purposefully shipped these counterfeit products into

18 California. Defendants' actions within this district directly interfere with and

19 damage Plaintiff's commercial efforts and endeavors and harms Plaintiff's

20 goodwill within this Venue. Additionally, Plaintiff conducts a substantial

21 business within this Venue.

22 GENERAL ALLEGATIONS

23 11. Plaintiff is a privately held U.S. corporation founded in Mountain

24 View, California in 2001 as a form fit cellular telephone case company. Plaintiff

25 creates cases for the mobile accessories market.

26 12. Plaintiff is one of the leading companies in their industry and has

27 gained numerous awards and recognition for its innovative products and designs.

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1 13. Plaintiff is one of the world's leading manufacturers of protective

2 carrying cases for electronic devices, including but not limited to, portable

3 electronic listening devices and music players, namely, mp3 players, and for

4 portable computers, global positioning systems (GPS devices), mobile and cellular

5 telephones, portable media players, and personal digital assistants.

6 14. Plaintiff develops and manufactures protective carrying cases for

7 products such as the Apple iPhone®, Apple iPad®, Apple iPod®, Apple

8 MacBook®, Notebook bags and sleeves, Smartphones including Blackberry®,

9 HTC®, Sharp®, Samsung®, and Motorola® models, TomTom® GPS navigation

10 devices, portable hard drives such as WD My Passport Elite/Essential®, and the

11 Kindle 3®.

12 15. Plaintiff is continually striving to discover and develop new,

13 advanced technologies and designs to meet the needs of the ever-advancing

14 consumer electronics industry. Plaintiff offers over 250 products and is sold in

15 over 75 countries worldwide.

16 16. Plaintiff has spent substantial time, money and effort in developing

17 consumer recognition and awareness of its marks. Through the extensive use of

18 the Plaintiffs marks, Plaintiff has built up and developed significant goodwill in

19 its entire product line. A wide array of newspapers, magazines and television

20 networks has included advertising of Plaintiffs products, which are immediately

21 identified by Plaintiffs marks.

22 17. Plaintiff is the exclusive owner of federally-registered and Common

23 law trademarks. The following is a partial (non-exhaustive) list of the registered

24 trademarks owned by Plaintiff (the "Marks"):

25 A. SPECK, registered trademark number 3,663,010, registered on

26 August 4, 2009, for use on or in connection with protective carrying cases for

27 portable electronic listening devices and music players, namely, mp3 players, and

28 for portable computers, global positioning systems (GPS devices), mobile and


cellular telephones, portable media players, and personal digital assistants, m

2 Class 9 (U.S. CLS. 2I, 23, 26, 36 and 38);

3 B. [Design Mark], registered trademark number 3,666,082,

4 registered on August II, 2009, consisting of an asterisk between parentheses

5 followed by the word "SPECK" in stylized letters; for use on or in connection

6 with protective carrying cases for portable electronic listening devices and music

7 players, namely, mp3 players, and for portable computers, global positioning

8 systems (GPS devices), mobile and cellular telephones, portable media players,

9 and personal digital assistants, in Class 9 (U.S. CLS. 2I, 23, 26,36 and 38);

10 C. [Design Mark], registered trademark number 3,666,072,

11 registered on August II, 2009, consisting of an asterisk between parentheses; for

12 use on or in connection with protective carrying cases for portable electronic

13 listening devices and music players, namely, mp3 players, and for portable

14 computers, global positioning systems (GPS devices), mobile and cellular

15 telephones, portable media players, and personal digital assistants, in Class 9 (U.S.

16 CLS. 2I, 23, 26, 36 and 38);

17 D. CANDYSHELL, registered trademark number 3,8I7,709,

18 registered on July I3, 20IO, for use on or in connection with protective carrying

19 cases for mp3 players, mobile and cellular telephones, portable media players, and

20 personal digital assistants in Class 9 (U.S. CLS. 2I, 23, 26,36 and 38);

21 Attached hereto as Exhibit "A-"D" are true and correct copies of the

22 certificates of registration for each of the Marks that are federally-registered

23 (hereinafter "Plaintiffs Marks").

24 I8. Plaintiff is also the owner of several international trademarks in the

25 following locations: Canada, New Zealand, Republic of Korea, Malaysia,

26 European Community, Hong Kong, Int'l Registration- Madrid Protocol, Taiwan,

27 Australia, Singapore, Japan, Russian Federation, Thailand, and the People's

28 Republic of China.


1 19. Plaintiff is also the exclusive owner of federally-registered and

2 common law Copyrights (collectively "Common-Law Copyrights"). Currently,

3 Plaintiff has numerous copyright applications pending approval with the United

4 States Copyright Office concerning Plaintiffs packaging materials related to and

5 used in connection with the distribution of its SPECK®-branded products. Work

6 titles and application numbers for these pending registrations are as follows:

7 "iPhone 5 CandyShell Card Apple Packaging Milk Carton," filing date November

8 20, 2012; "iPhone 5 Shieldview Envelope," filing date November 20, 2012;

9 "iPhone 5 CandyShell SATIN Core2 Wedge2 Cardstock," filing date November

10 20, 2012; "iPhone 5 FabShell Core2 Wedge2 Cardstock," filing date November

11 20, 2012; "iPhone 5 PixelSkin Core2 Wedge2 Cardstock," filing date November

12 20, 2012; "iPhone 5 FabShell Burton Core2 Wedge2 Cardstock," filing date

13 November 20, 2012; "iPhone 5 CandyShell Apple Packaging Milk Carton," filing

14 date November 20, 2012; "iPhone5 GenShell Apple Packaging Milk Carton,"

15 filing date November 20, 2012; "iPhone 5 ToughSkin Apple2 Carton Cardstock,"

16 filing date November 20, 2012; iPhone 5 SmartFlex Apple Packaging Milk

17 Carton," filing date November 20, 2012; "iPhone 5 CandyShell GRIP Core2

18 Wedge2 Cardstock," filing date November 20, 2012; "iPhone 5 SmartFlex View

19 Core2 Wedge2 Cardstock," filing date November 20, 2012; "iPhone 5 PixelSkin

20 HD Core2 Wedge2 Cardstock," filing date November 20, 2012; "iPhone 5

21 CandyShell Core2 Wedge2 Cardstock," filing date November 20, 2012; "iPhone 5

22 SmartFlex CARD Core2 Wedge2," filing date November 20, 2012; "iPhone 5

23 GemShell Apple2 Insert Cardstock," filing date November 20, 2012; "iPhone 5

24 CandyShell FLIP Core2 Wedge2 Cardstock," filing date November 20, 2012;

25 "iPhone 5 GemShell Core2 Wedge2 Cardstock," filing date November 20, 2012;

26 and "iPhone 5 SmartFlex Shine Apple Packaging Milk Carton," filing date

27 November 20, 2012.

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20. Currently, Plaintiff holds numerous federally-registered Copyrights

related to and used in connection with the distribution of its SPECK®-branded

products (collectively "Federally-Registered Copyrights"), with the following

(non-exhaustive) copyright names, registration numbers, and registration dates:

A.

May 6, 2011);

B.

May 27, 2011);

c. 2011 );

D.

2011);

E.

2011 );

F.

May 27, 2011);

G.

2011 );

H.

2011);

I.

2011 );

J.

2011 );

K.

27, 2011);

L.

2011);

"CANDY SHELL FOR iPHONE 4," VA 1772394 (Registered

"Fitted Arts Projekt iPhone 3 Core," VA1778313 (Registered

"ToughSkin iPhone 4 Core," VA 1791169 (Registered May 27,

"PixelSkin iPhone 4 Core," VA1791185 (Registered May 27,

"Fitted Flex iPhone 4 Core," VA1791188 (Registered May 27,

"SeeThru Satin iPhone 4 Apple," VA1791189 (Registered

"SeeThru iPhone 4 Apple," VA1791419 (Registered May 27,

"GeoMetric iPhone 4 Apple," VA 1778429 (Registered May 27,

"Fitted Flex iPhone 4 Apple," VA1791186 (Registered May 27,

"PixelSkin iPhone 4 Apple," VA1778433 (Registered May 27,

"ToughSkin iPhone 4 Apple," VA1791180 (Registered May

"GeoMetric iPhone 4 Core," VA 1791182 (Registered May 27,


I M. "Fitted iPhone 4 Core," VA 1778411 (Registered May 27,

2 2011);

3 N. "ToughShell iPhone 4 Core," VA1791178 (Registered May 27,

4 2011 );

5 0. "SeeThru Satin iPhone 3 Core," VA1791177 (Registered May

6 27,2011);

7 P. "CandyShell iPhone 3 Core," VA1778406 (Registered June 3,

8 2011);

9 Q. "SeeThru iPhone 3 Core," VA1778421 (Registered June 3,

10 2011 );

11 R. "SeeThru Satin iPhone 4 Core," VA1778423 (Registered June

12 3, 2011 );

13 s. "Fitted Burton iPhone 4," VA1778646 (Registered June 3,

14 2011 );

15 T. "Tough Skin iPhone 3 Core," VA 1778414 (Registered June 3,

16 2011 );

17 U. ''Fitted iPhone 3 Core," VA1778403 (Registered June 3, 2011 );

18 v. "SeeThru iPhone 4 Core," VA1778418 (Registered June 3,

19 2011); and

20 w. "Fitted iPhone 4 Apple," VA1778642 (Registered June 3,

21 2011).

22 21. Additionally, Plaintiff owns a valid and lawfully issued United States

23 Design Patent, patent no. US 8,204,561 B2, for ·its "exterior hard shell case"

24 ("Design Patent"). Attached hereto as Exhibit "E" are true and correct copies of

25 the registration certificate and design drawings.

26 Defendants' Wrongful and Infringing Conduct

27 22. Defendants use, amongst other things, the Internet auction website

28 known as Amazon.com to sell and distribute products, including counterfeit hard


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1 goods bearing Plaintiff's marks, described above, to consumers. At any given

2 time, there are millions of items listed on Amazon.com for purchase by its more

3 than 200 million registered users.

4 23. Beginning on a date that is currently unknown to Plaintiff and

5 continuing to the present, Defendants have, without the consent of Plaintiff,

6 offered to sell and sold within the United States (including within this judicial

7 district) goods that were neither made by Plaintiff nor by a manufacturer

8 authorized by Plaintiff (such goods are hereafter referred to as "Counterfeit

9 Goods") using reproductions, counterfeits, copies and/or colorable imitations of

10 one or more of the Subject Marks, Federally-Registered Copyrights, Common-

11 Law Copyrights, and/or Design Patent. On information and belief, Plaintiff further

12 alleges that defendant imported said Counterfeit Goods into the United States, or

13 encouraged others to import said Counterfeit Goods into the United States, for the

14 purpose of reselling the Counterfeit Goods in the United States.

15 24. Beginning no later than May 3, 2012, Plaintiff began to conduct test

16 purchases from various www.Amazon.com ("Amazon.com") sellers of Speck

17 branded products in order to determine their authenticity.

18 25. Plaintiff has inquired of Amazon.com regarding the source of the

19 Speck products which have been provided to Plaintiff during these test purchases.

20 Amazon.com has advised Plaintiff that, with one exception, the products were

21 acquired from legitimate Speck distributors. The one exception was a company

22 called KA TINKAS USA, LLC, located at 7985 S. Deer Creek Road, Salt Lake

23 City, Utah ("Katinkas"). Plaintiff was advised that Katinkas had provided

24 numerous shipments of Speck products to Amazon.com in the past and that

25 Amazon.com was expecting additional shipments of Speck products from

26 Katinkas in the near future.

27 26. On March 21, 2013, Plaintiff was granted access to an Amazon.com

28 fulfillment center in Kentucky to examine a shipment of Speck branded iPhone


1 cases which had been shipped to Amazon.com by Katinkas for resale on

2 Amazon.com. Plaintiff was able to inspect a large quantity of approximately

3 1,200 Speck branded iPhone cases delivered and sold by Katinkas, which had

4 been quarantined by Amazon.com for evaluation by Plaintiff. The entire Speck

5 branded products examined by Plaintiff, including the approximately 180 obtained

6 by Plaintiffs investigators, were determined to be counterfeit. Plaintiffs

7 investigators were able to view a shipping container for a portion of the

8 counterfeit Speck products which were seized and noted that the container bore a

9 return address of: Karen Becker, Katinkas USA, LLC, 7985 South Deer Creek

10 Drive, Salt Lake City, UT 84121.

11 27. Additionally, Defendants own and operate a webstore on

12 Amazon.com using the moniker "Smart Phone Fashion." Through this webstore,

13 Defendants regularly and systematically advertised, marketed, distributed and sold

14 products bearing unauthorized Speck registered trademarks.

15 28. On or about February 25, 2013, Plaintiff made a test purchase from

16 Amazon seller ID "Smart Phone Fashion," of a Speck branded Candyshell iPhone

17 case. Examination of the item revealed that it was counterfeit. Plaintiff inquired

18 of Amazon.com as to the owner of this Amazon webstore and was advised that the

19 owner is Karen Becker, 7985 S. Deer Creek Road, Salt Lake City, Utah.

20 29. Defendants intentionally and knowingly accepted Plaintiffs money

21 from a financial institution located in the State of California.

22 30. Defendants also intentionally and knowingly delivered the counterfeit

23 product into the State of California.

24 31. Defendants use images and names confusingly similar or identical to

25 Plaintiffs Marks to confuse consumers and aid in the promotion and sales of its

26 unauthorized and counterfeit product. Defendants' use of Plaintiffs Marks

27 include importing, advertising, displaying, distributing, selling and/or offering to

28 sell Counterfeit Goods.

- 11 -COMPLAINT FOR DAMAGES

32. Defendants' use began long after Plaintiffs adoption and use of its

2 trademarks, and after Plaintiff obtained the trademark and copyright registrations

3 alleged above. Neither Plaintiff nor any authorized agents have consented to

4 Defendants' use of Plaintiffs Marks, Federally-Registered Copyrights, Common

s Law Copyrights, and Design Patent.

6 3 3. Defendants' actions have confused and deceived, or threatened to

7 confuse and deceive, the consuming public concerning the source and sponsorship

8 of the counterfeit Speck products sold and distributed by Defendants. By its

9 wrongful conduct, Defendants have traded upon and diminished Plaintiff's

10 goodwill. Furthermore, the sale and distribution of Counterfeit Goods by

11 Defendants have infringed upon Plaintiffs Marks, Federally-Registered

12 Copyrights, Common-Law Copyrights, and/or Design Patent.

13 34. Defendants' offering to sell, selling, importing and encouragmg

14 others to import Counterfeit Goods in this manner was and is likely to cause

15 confusion or to cause mistake and/or to deceive consumers who purchase the

16 Counterfeit Goods. Defendants also offered to sell, sold, imported, and/or

17 encouraged others to import for purpose of resale within the United States

18 Counterfeit Goods consisting of reproductions and/or copies of products bearing

19 Plaintiff's Marks, Federally-Registered Copyrights, Common-Law Copyrights,

20 and Design Patent. Defendants' use of such Marks, Federally-Registered

21 Copyrights, Common-Law Copyrights, and Design Patent was done without

22 Plaintiff's authorization.

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12-COMPLAINT FOR DAMAGES

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1 FIRST CAUSE OF ACTION

2 (Trademark Infringement Against Defendants KAREN BECKER,

3 KATINKAS USA, LLC, and DOES 1-10, Inclusive)

4 [15 U.S.C. §1114/Lanham Act §43(a)]

5 35. Plaintiff hereby incorporates by reference each of the other

6 allegations set forth elsewhere in this Complaint as though fully set forth in this

7 cause of action.

8 36. Defendants' actions as described herein constitute direct and/or

9 contributory trademark infringement in violation of 15 U.S.C. § 1114(1 )(a).

1 0 3 7. As a proximate result of Defendants' trademark infringement,

11 Plaintiff has been damaged in an amount to be proven at trial. Further, Plaintiff

12 alleges on information and belief that, as a proximate result of Defendants'

13 trademark infringement, Defendants have unlawfully profited in an amount to be

14 proven at trial.

15 38. At all relevant times, Defendants acted intentionally and/or willfully

16 in using the Marks on the Counterfeit Goods, knowing that said Marks belonged

17 to Plaintiff, that the Counterfeit Goods were in fact counterfeit, and that

18 Defendants were not authorized to use said Marks on the Counterfeit Goods.

19 Plaintiff is therefore entitled to recovery of treble damages pursuant to 15 U.S.C.

20 § 1117(a). Further, Defendants' knowing, intentional and/or willful actions make

21 this an exceptional case, entitling Plaintiff to an award of reasonable attorney fees

22 pursuant to 15 U.S.C. § 1117(a).

23 39. Defendants' actions also constitute the use by Defendants of one or

24 more "counterfeit mark" as defined in 15 U.S.C. § 1116(d)(l)(B). Plaintiff

25 therefore reserves the right to elect, at any time before final judgment is entered in

26 this case, an award of statutory damages pursuant to 15 U.S.C. §1117(c)(l) and/or

27 (2).

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1 40. The acts of direct and/or contributory trademark infringement

2 committed by Defendants have caused, and will continue to cause, Plaintiff

3 irreparable harm unless they are enjoined by this Court.

4 SECOND CAUSE OF ACTION

5 (False Designation of Origin, False or Misleading Advertising Against

6 Defendants KAREN BECKER, KATINKAS USA, LLC, and DOES 1-10,

7 Inclusive)

8 [15 U.S. C. §1125 (a)]


10 allegations set forth elsewhere in this Complaint as thought fully set forth in this

11 cause of action.

12 42. Defendants' actions as described herein constitute direct and/or

13 contributory violation of 15 U.S.C. §1125(a)(1)(A), as such actions are likely to

14 cause confusion, or to cause mistake, or to deceive as to the affiliation,

15 connection, or association of Defendants with Plaintiff and/or as to the origin,

16 sponsorship, and/ or approval of such Counterfeit Goods by Plaintiff.

17 43. As a proximate result of Defendants' violation as described herein,

18 Plaintiff has been damaged in an amount to be proven at trial. Further, Plaintiff

19 alleges on information and belief that, as a proximate result of defendant's direct

20 and/or contributory trademark infringement, Defendants have unlawfully profited,

21 in an amount to be proven at trial.

22 44. Defendants' acts of violating, directly and/or contributorily, Section

23 1125 have caused, and will continue to cause, Plaintiff irreparable harm unless

24 they are enjoined by this Court.

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- 14. COMPLAINT FOR DAMAGES

1 THIRD CAUSE OF ACTION

2 (Trademark Dilution Against Defendants KAREN BECKER, KA TINKAS

3 USA, LLC, and DOES 1-10, Inclusive)

4 [15 U.S.C. §1125(c)]



7 cause of action.

8 46. Plaintiffs marks are distinctive and famous within the meaning of

9 the Lanham Act.

10 4 7. Upon information and belief, Defendants' unlawful actions began

11 long after Plaintiffs mark became famous, and Defendants acted knowingly,

12 deliberately and willfully with the intent to trade on Plaintiffs reputation and to

13 dilute Plaintiffs mark. Defendant's conduct is willful, wanton and egregious.

14 48. Defendants' intentional sale of fake, pirated and counterfeit items

15 bearing Plaintiffs marks is likely to cause confusion, mistake, or to deceive,

16 mislead, betray, and defraud consumers to believe that the substandard imitations

17 are genuine products manufactured by Plaintiff. The actions of Defendants

18 complained of herein have diluted and will continue to dilute Plaintiffs marks,

19 and are likely to impair the distinctiveness, strength and value of Plaintiffs marks,

20 and injure the business reputation of Plaintiff and its marks.

21 49. Defendants' acts have caused and will continue to cause Plaintiff

22 irreparable harm. Plaintiff has no adequate remedy at law to compensate it fully

23 for the damages that have been caused and which will continue to be caused by

24 Defendants' unlawful acts, unless they are enjoined by this Court.

25 50. As the acts alleged herein constitute a willful violation of section

26 43(c) of the Lanham Act, 15 U.S.C. § 1125(c), Plaintiff is entitled to injunctive

27 relief as well as monetary damages and other remedies provided by 15 U.S.C.

28 §§1116, 1117, 1118, and 1125(c), including Defendants' profits, treble damages,


1 reasonable attorney's fees, costs and prejudgment interest.

2 FOURTH CAUSE OF ACTION

3 (Unfair Competition Against Defendants KAREN BECKER, KATINKAS

4 USA, LLC, and DOES 1-10, Inclusive)

5 California Business & Professions Code §17200 et seq.



8 cause of action.

9 52. Defendants' actions described herein constitute unlawful, unfair

10 and/or fraudulent business acts or practices. Defendants' actions thus constitute

II "unfair competition" pursuant to California Business & Professions Code § 17200.

12 53. As a proximate result of Defendants' actions, Plaintiff has suffered an

13 injury in fact, including without limitation, damages in an amount to be proven at

14 trial, loss of money or property, and diminution in the value of its trademarks.

15 Plaintiff therefore has standing to assert this claim pursuant to California Business

16 & Professions Code§ 17204.

17 54. Defendants' actions have caused, and will continue to cause Plaintiff

18 to suffer irreparable harm unless enjoined by this Court pursuant to California

19 Business & Professions Code §17203. In addition, Plaintiff requests that the

20 Court order that Defendants disgorges all profits wrongfully obtained as a result of

21 Defendant's unfair competition, and order that defendant pay restitution to

22 Plaintiff in an amount to be proven at trial.

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FIFTH CAUSE OF ACTION

2 (Federal Copyright Infringement Against Defendants KAREN BECKER,


4 [17 U.S.C. §501(a)]



7 cause of action.

8 56. Plaintiff is the exclusive owner of copyrights in and related to its

9 SPECK®-branded products packaging, having numerous applications relating to

10 the same pending with the United States Copyright Office and possessing

11 copyright registrations with the United States Copyright Office.

12 57. Defendants did not seek and failed to obtain Plaintiffs consent or

13 authorization to utilize, manufacture, reproduce, copy, display, prepare derivative

14 works, distribute, sell, transfer, rent, perform, and/or market Plaintiffs copyright

IS protected materials.

16 58. Without permiSSion, Defendants intentionally and knowingly

17 reproduced, counterfeited, copied, displayed, and/or manufactured Plaintiff's

18 protected works by offering, advertising, promoting, retailing, selling, and

19 distributing counterfeit SPECK-branded products contained within product

20 packaging which is at a minimum substantially similar to Plaintiffs copyright

21 protected product packaging.

22 59. Defendants' acts as alleged herein, constitute infringement of

23 Plaintiffs copyright, including Plaintiffs exclusive rights to reproduce, distribute

24 and/or sell such protected material.

25 60. Defendants' knowing and intentional copyright infringement as

26 alleged herein has caused and will continue to cause substantial and irreparable

27 harm to Plaintiff and has and will continue to cause damage to Plaintiff. Plaintiff

28 is therefore entitled to injunctive relief, damages, Defendants' profits, increased


1 damages, and reasonable attorney's fees and costs.

2 SIXTH CAUSE OF ACTION

3 (Common Law Copyright Infringement Against Defendants KAREN

4 BECKER, KATINKAS USA, LLC, and DOES 1-10, Inclusive)

5 [California Civil Code §980 et seq., and California Common Law]



8 cause of action.

9 62. At all times relevant herein, Plaintiff has held and still holds the

10 exclusive rights under California law and common law to reproduce, distribute, or

11 license the reproduction and distribution of the artwork, design, pictures,

12 representation, model and patterns protected by Plaintiffs Common-Law

13 Copyrights in any and all formats and mediums, throughout the United States.

14 63. The artwork, design, pictures, representation, model and pattern of

15 protected by Plaintiffs Common-Law Copyrights are original works in tangible

16 form which have been widely disseminated and published since at least in or

17 about September 2001.

18 64. The conduct herein complained of was extreme, outrageous,

19 fraudulent, and was inflicted on Plaintiff in reckless disregard of Plaintiffs

20 rights. Defendants' acts have irreparably harmed and continue to harm Plaintiffs

21 exclusive proprietary rights and constitute common law copyright infringement

22 and unfair competition. Defendants' outrageous conduct supports an award of

23 exemplary and punitive damages in an amount sufficient to punish and make an

24 example of Defendants and to deter them from similar conduct in the future.

25 65. Each infringing transfer, duplication, sale, rental, distribution, display

26 and other exploitation of the artwork, design, pictures, representation, model and

27 patterns protected by Plaintiffs Common-Law Copyrights constitutes a separate

28

- ISCOMPLAINT FOR DAMAGES

0

1 claim against Defendants under common law copyright and California Civil Code

2 §980.

3 SEVENTH CAUSE OF ACTION

4 (Federal Design Patent Infringement Against Defendants KAREN BECKER,


6 [35 u.s.c. §271]



9 cause of action.

to 67. Plaintiff Is the owner of the Design Patent with the USPTO

11 registration no.: US 8,204,561 B2. (See Exhibit "E," Design Patent hereto)

12 68. Defendants have infringed and continue to infringe Plaintiffs Design

13 Patent by using, selling and/or offering to sell, in the United States and/or

14 importing into the United States, Counterfeit Goods which embody the designed

15 covered by the Design Patent. Defendants' infringing products include all of the

16 ornamental designs in Plaintiffs Design Patent drawings. By its conduct,

17 Defendants have violated 35 U.S.C. §271 by direct infringement of Plaintiffs

18 Design Patent.

19 69. On the basis allege, Defendants have gained profits by virtue of its

20 infringement of the Design Patent.

21 70. As a direct and legal result of Defendants' wrongful conduct,

22 Plaintiff has been and will be irreparably and permanently harmed; wherefore

23 Plaintiff is without an adequate remedy at law. Accordingly, Plaintiff is entitled to,

24 among other things, an order enjoining and restraining Defendants from further

25 engaging in the infringement of the Design Patent.

26 71. Defendants' infringement of the Design Patent is and has been willful.

27 Accordingly, Plaintiff is entitled to its monetary damages, in an amount to be

28 proven at trial, and award of treble damages, and its reasonable attorney's fees and


0

1 costs.

2 REQUEST FOR RELIEF

3 WHEREFORE, Plaintiff hereby respectfully requests the following relief

4 against Defendants KAREN BECKER, KA TINKAS USA, LLC, and DOES 1-10,

5 inclusive, and each of them as follows:

6 I. An order and judgment preliminary and permanently enJOimng

7 Defendants and their officers, directors, agents, servants, employees,

8 affiliates, attorneys, and all others acting in privity or in concert with

9 them, and their parents, subsidiaries, divisions, successors and assigns

10 from further acts of infringement of Plaintiffs asserted Design Patent;

11 2. For an award of Plaintiffs damages and Defendants profits adequate to

12 compensate Plaintiff for Defendants' infringement of the Design Patent,

13 and in no event less than a reasonable royalty for Defendants' acts of

14 infringement, including all pre-judgment and post-judgment interest as

15 the maximum rate permitted by law;

16 3. For an award of all damages, including treble damages, based on any

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

18 with prejudgment interest;

19 4. For an award of all profits, pursuant to 35 U.S.C. §289 together with

20 prejudgment interest;

21 5. For an award of Defendants' profits and Plaintiffs damages in an

22 amount to be proven at trial for trademark infringement under 15 U.S.C.

23 §1114(a);


25 amount to be proven at trial for false designation of origin and unfair

26 competition under 15 U.S.C. § 1125(a);

27 7. For $2,000,000.00 per counterfeit mark per type of goods sold, offered

28 for sale, or distributed under 15 U.S.C. §1117(c);



2 amount to be proven at trial for trademark dilution under 15 U.S.C.

3 §1125(c);

4 9. In the alternative to actual damages and Defendants' profits for the

5 infringement and counterfeiting of Plaintiffs trademarks pursuant to the

6 Lanham Act, for statutory damages pursuant to 15 U.S.C. § 1117(c),

7 which election Plaintiff will make prior to the rendering of final

8 judgment;

9 10.For restitution in an amount to be proven at trial for unfair, fraudulent

10 and illegal business practices under Business and Professions Code

11 §17200;

12 11.For damages to be proven at trial for common law unfair competition;

13 12.For temporary, preliminary and permanent injunctive relief from this

14 Court prohibiting Defendants from engaging or continuing to engage in

15 the unlawful, unfair, or fraudulent business acts or practices described

16 herein, including the advertising and/or dealing in any counterfeit

1 7 product; the unauthorized use of any mark, copyright or other

18 intellectual property right of Plaintiff; acts of trademark infringement or

19 dilution; false designation of origin; unfair competition; and any other

20 act in derogation of Plaintiffs rights;

21 13.For an order from the Court requiring that Defendants provide complete

22 accountings and for equitable relief, including that Defendants disgorge

23 and return or pay their ill-gotten gains obtained from the illegal

24 transactions entered into and or pay restitution, including the amount of

25 monies that should have been paid if Defendants' complied with their

26 legal obligations, or as equity requires;

27 14.For an order from the Court that an asset freeze or constructive trust be

28 imposed over all monies and profits in Defendants' possession which

- 21 -COMPLAINT FOR DAMAGES

1 rightfully belong to Plaintiffs;

2 15.For destruction of the infringing articles in Defendants' possession under

3 15 u.s.c. §1118;

4 16. For treble damages suffered by Plaintiff as a result of the willful and

5 intentional infringements and acts of counterfeiting engaged in by

6 Defendants, under 15 U.S.C. §1117(b);

7 17.For damages in an amount to be proven at trial for unjust enrichment;

8 18.For an award of exemplary or punitive damages in an amount to be

9 determined by the Court;

10 19.For Plaintiffs reasonable attorney's fees;

11 20.F or all costs of suit; and

12 21.For such other and further relief as the Court may deem just and

13 equitable.

14 DEMANDFORJURYTRIAL

15 Plaintiff SPECULATIVE PRODUCT DESIGN, LLC, dba SPECK

16 PRODUCTS, respectfully demands a trial by jury in this action.

17 DATED: March 27,2013

18

19

20

21

22

23

24

25

26

27

28

By:~~--~~~--------Chris p er D. son, Esq. Christo e . P am, Esq. Marcu aney, Esq. H g Q. Pham, Esq. Attorneys for Plaintiff SPECULATIVE PRODUCT DESIGN, LLC dba SPECK PRODUCTS

• 22. COMPLAINT FOR DAMAGES

0

EXHIBIT A

0

lint Cl.: 9

Prior U.S. <Cis.: 21, 23, 26, 36 and 38

lf.Jnited Stl£tes Patent and 1rrat!llemart Offfice

1!'RADEM..r\RK PRINCIDP AL REGISTER

SPECT(

Reg. No. 3,663,010 Regfslered Aug. 4, 2009

SPECULATIVE PRODUCT DESIGN, INC. (Ct\LI· TJ\ PLAYERS, AND PERSONAL DIGITAL ASSIS. FO.RNIA CORPORA TlON), DBA SPECK PRO- TANTS, IN CLASS 9 (U.S. CLS. 21, 2;}, 26, 36 AND 38). DUCTS

221 FOREST AVENUE FIRST USE 12-31·2003: IN COMMERCE 12·31·2003. PALO ALTO, CA 94301

THE: ;'.!ARX. CONSISTS OF STAl'.'DARD CHAR· FOR.: PROTE(..'T!VE CARR Y!NG C\SES FO.R ACTERS WlTHOUT Cl.AlM TO ANY PARTICULAR

PORTABLE ELECfRONJC LISTENING DEVICES FONT, STYLE, SIZE, OR COLOR.

A."''D MUSIC PL'I YERS, NAMELY, MPJ PLJ\ YF.R.S, SER. NO. 77-.598,1SO, Fi' EO I0-22-:!008. AND FOR PORTADLE COMPUTERS, GLOBAL PO- .. S[TlONJNG SYSTEMS (GPS DEVICES), MOBILE r\ND CELLULAR. TELEPHONES, PORTABLE MED- AISHA SAL!Th-[, EXAMINING ATIORNBY

0

EXHIBITB

0

,. -··

nnt a.: 9>

Pliioll' ll.J.§. Os.: 21, 23, 26, 36 and 38

Unn~ed St2tes Pa~eilJJt mlllld Tll'arllternwrk OU'Jfice JReg. No. 3?666,002 R~gistersd Aug. 11, 2G®

TRADEMA_QK PRUNC!Pi--L P..EGJSTER

SPECULATIVE PP.ODUCT DESION, INC. (CALI- IA PLAYI!RS, Al'.'D PERSONAL DIGITAL ASSIS-FORNIA CORPORATION), DBA SPECK PRO· TA..WS,IN CLASS!> (U.S. CLS.ll, 23, 26, 36AND 38). DUCTS .

227 FOREST AVENUE PALO ALTO, CA 94301

FOR: PROTI:iCm1E CARRYING CASES FOR PORTABLE ELECTROI\'lC USTENINO DEVICES AND MUSIC PLAYERS, NAMELY. MP3 PLAYERS, AND FOR PORTABLE COMPUTERS, GLOBAL PO· SITIONINO SYSTEMS tOPS DEVICES), MOBILE Al\'D CELLULAR TELEPHONES, PORTABLE MED·

FIRST USE 1-31-2007; IN COMMERCE 1·31·2007.

THE !liARK CONSISTS OF AN ASTERISK BETWEI.!N PARENTHESES FOLLOWED BY THE WORD "SPECK" IN STYLIZED LEITERS.

SEII.. NO. 77-600,452, FILED 10-24-JOOS.

AtSHA SALEM, EXAJdiNING A TIORNEY

0

EXHIBITC

0

Int. CJ.: 9

Prior lU.S. Os.: :&1, 1:3, 26, 31> ~.mi 3§

l!Jni£ed States Patent and Trmdemal!'k Ofi'nce Reg. No. 31,666,072

Reglstl!red Aug. !J, ZCG9

TRADEMARK PRINCl!PAL REGXSTER

SPECULATIVE PRODUCT DESIGN, INC. (CALI· fORNIA CORPORATION), DBA SPECK PRO· DUCTS

2"!.7 FOREST AVENUE PALO ALTO, CA 9~301

FOR: PROTECTIVE CARRYING CASES FOR PORT ADL£1 ELECTRONIC llSTENING DEVICES AND :MUSIC PLAYERS, NAMEL i', MP3 PLAYERS, AND FOR PORTABLE COMPUTI!RS, OLODAL PO· SlTIONlNG SYSTEMS (GPS DEVICES), MOBILE M'D CELLULAR TELEPHONES, PORTABLE MED·

IA PLAYERS, AI\'D PERSONAL DIGITAL ASSIS· TAKfS, IN CLASS 9 (U.S. CI.S. 21, 23, 26, 36 AND JB).

FIRST USE 1·31·2007; IN COl\!MERCE 1·31-2007.

THE MARK CONSISTS OF AN 1\STEIUSK BE· TWE!t!N PARENTHESES.

SER. NO. 77-598,153, FILE!D IC·!!-2000.

AlSHA SALct.·l, EXAMINING ATrORNEY

0

EXHIBITD

0

C.A_J\fDYSlLfELL

JRcg. No. 3,817, 70.9 SPeCULATIVE JlHODUC'f DESIGN, lNC. (t:l\LIFORNlA CORPORATION). DBA SI'ECI~ I'ROI)UCTS

Registered July i3, 2010 227 FOREST AVENUI!, • I'ALOAL'I'O, CA !14301

Unt. 0.: 9

TRADEMARK

PR£NCfPAL REGISTER

FO!l: l'ltliTI!CTIVJ:: !.!ARHY!NU <.:ASES fOR h·U'J l'LAYEns, MOE!ILE ANIJ lTI.J.lJI.I\1{ THI.EPIIONES, POR'li\111.11 ""IEDIA PI.AYERS,AND f'ERSONI\1. DIOI'Ii\L ."SS!STJ\1'>/'IS, IN CLASS 9 (U.S. CLS. 21,23,26, 36AND Jl!).

!IIHSTUSE 1·6-200\1; IN COMlviERCE 1-6.2009.

THE MARK CONSISTS OF STANDARD C!iARACTERS WITHOUT CLAIM TO ANY PAR· TICULAR FONT, STYLE, SIZE. OR COLOit

flEil NO. 77-R111,2JJ, Fll.r:D 11-25-2009.

Mt'\lTHEW J{AJ'l'AS, EXI\M!NINO A'rJ'OltNF.Y

0 0

EXHIBITE

0

o2> United States Patent Mongan et al.

(54) ONE PIECE <.."0-l'ORM.ED EXTERIOR HARD SHELL CASE WITH AN (<;LASTOMERIC LINER FOR MOBILE ELECTRONIC m:VICES

(75) Inventors: Ryan BID Mongan, Orange, CA (US); David John Law, Seattle, WA (US); Jarret Wets, San Fmncisco, CA (US); Bryan 1M By-k, Fremont, CA (US); Steplwo Reiger Myen, Redwood City, CA (US)

(73) Assignee: Speeulative Product llestgn, LLC, I>alo Alto, CA (US)

( • ) Notice; Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U .S.C. 154(b) by o qay~.

(21) Appl. No.: 1312112.,363

Od.26,2011 (22) Filed:

(65) Prior Publication Data

US 2012/0031788AI Feb. 9, 2012

Related U.S. Application Data

(63) Cominuation of application No. 1]}366,769, filed on Feb. 6, 2009.

(51) Int. a. H05K 7100 (2006.01)

(52) U.S. CL ................ 4551575.8; 206/592: 361/679.55; 3611679.56; 4551575.1

(58) Field of Classification Sem:b ........................ Nono See application file for complete search history.

(56) References Cited

U.S. PATF..NTJ)(X;UMENTS 5.265,720 A 11/1993 Mdiconi 5,816.45') A 10/1998 Armi;;tead

Q

11.111111111111111

GB

US008204561B2

(10) Patent No.: US 8,204,561 B2 Jun.l9,2012 (45) Date of Patent:

5,908,114 A 6,079,563 A 6,109,434 A 6,179,122 Bl

611999 Althouse ct al. 612000 K.akh.mazellllki 812000 Howard, Jr. J/2001 M011crief et al.

(Continncd)

FOREIGN PATENT IXX..'UMENTS 2463712 A 312010

(Continued)

OrHHR PUBLICATIONS

VIdeo Product Review: iPbone 3G Cue Review: iFrogz Luxe liRL: http·/lwww.youtuhe.comlv.-atch'!v""':l£.'1112uYzqU. Date Published: Jan. 26, 2009 Uploaded by phonedog on Jan. 26, 2009. lpg.

(Continued)

Primary &aminer ·Rafael P£'1m·Outii:rrcz Assi.sta11t f:Xaminer Daniel Nobile (74) Attorney, Agent, or Firm SNR Denton US LLP

(57) ABSTRAC:T

A ooe-piece co-formed ext~or hard shell ~ with an elas· tomcric liner formc.xl on the interior of the ctterior bani shell for mobile cloctnmic devices. This hard protective Clllcrior shell allows the device maximum protection from impact$ with sharp objects while the interior elastomeric portion that provides shock prok:Ction tor the device from impacts. The exterior hard shell part is formed 10 fit the device closely with a small off.o;et from the devices surfilce. 1'lle exterior hard shell mps around the edg~ of !he device. Tu allow the slw!IID be able to be ~mmnted on the device the comers of the han! shell are cut open. This allows each sidewall to flex away when a lk."Vice is inserted and snap back onoe it is in place. The e!llstomcr:ic material fill.~ in the g;tps created at the comers of the exterior hard shell to allow flex for mounting.

16 Claims, 6 Drawing Sheet•

0

us 8.204,561 82 2

U.S.l~TENT IXXJJMENTS 201010144411 AI 2010JOI4771S AI 201010243SIS Al

612010 Pettingill 612010 Miglioli e1 al. 9120 I 0 Millh et a!. 6,273,252 B I

6,471,056 Bl 6,614,722 B2 6,665,174 Bl 6,785,566 Bl 6,914,774 BJ 6,980,777 H2 6,981.589 B2 7,248,904 B2 7,343,184 B2 7,495,895 R2 [)593,319 s 0593,7<16 s 7SSI,'.I49 1!2 7,609,512 B2 7,623,898 B2 7,647,082 B2 0617,784 s 7,933,122 B2

2001!0002003 AI 200310030362 AI 2003!0068035 AI 200310070959 AI 200310083094 AI 200310103624 AI 2003/0111366 AI 2004/0014506 AI 2005.'0153757 AI 2005/0174727 A1 200S!0279661 AI 2006/0040550 AI 200610164800 AI 2007/0060224 AI 2007/0184781 AI 200810032758 AI 20081003!H61 Al • 200810096620 A I • 2008/0227507 AI 2008!0242384 A I 2009/0017883 AI 2009/0080 153 A I 2009!0 111543 Al 2009/0194444 AI 201010006314 AI 2010/007!1343 AI 201010096284 AI 2010/0104814 AI 201010116387 Al

812001 Mitclu:ll 1012002 Tzcng 9/2003 Polan)l ct aJ

1212003 Derr et al. 812004 lriuny 7/2005 Albertini ct al.

!212005 Shepherd et al. 112006 Sanders, Jr. 712007 Gartrell eta!. 3!2008 Rostami 2/'l009 C.amevali 61'}1)()9 Ricllardson et a!. 61'}1)()9 Richanhon d a!. 612009 Schwonn

I 012009 Ricllardson 11/2009 Holmberg

112010 Hohnberg 612010 Richardson ct al. 41201 I Richardson et al. 512001 Mu-ldak 212003 Buesseler e1 al. 412003 Pirila et al. 412003 Maresh et al. 512003 I!su ct al. 612003 Hu 6/2003 !'.nners l/2004 Kemppillen 7i200S Maenpuetal. 8!2005 Thomas d al.

1212005 Hodges 212006 Slau&Oil et al 7/2006 McE"""' et al. 312007 liu 812007 Husltinson 2/2008 Rostami 212008 ChaD .......................... 4551575.8 412008 Lee et al . ................... 455/575.8 9/2008 Joo

1012008 llsu ct al. li2009 Lin 3/2009 Richardson et al. 412009 Tai &'2009 Jones 1120 I 0 Wi!SOII, II et al. 412010 llocllwarth et al. 412010 Bau 4120 I 0 Richa.rdson et al. S/20 lO Channcy ct a!.

FORHl(iN l'ATENT l)()CUMENTS

WO 02/11161 AI 212002

OTIIBR J>UBLICADONS

Shod:: protection of ponable electronic product&: Shod:: re!!ponse IIJ*-1rwn. damage boundaly approach, and beyond <loyal, S. (Reprint); Papadopouws, JM; Sullivan, PA AT&T Bell Labi.lucent Techno!, Wucless RDsLab,600MtAvo,Rm 11>-212, MwmyHill.N1, 07974(Reprint)SbodtandVibratioll,l997, voi.4,No.J,p.)69-l91. Improving impact tolerance of portable elc!:tronic products: Case &tudy of cellular phones S. Goyal, S. Upasani and D.M. Patellixperimeatal Mechanics Cover Dale: Mar. 18, 1999 Publisher: Sprin~ Boston lSSN: 0014-485 I Subject: E!lgineering Start p.43 E.nd p. S2 vol. 39lsi!IW: 1 L"Rl.: http://dx.doi.org!l0.100718f02329300 DOT: 10.1007/BF02329300; 10 pp. Ca.ndyShell Source: http:i/web.archive.oJgtwcb/2008!2 18035309/ http:ilwww.spcd::products.com/productslcandys.bellt1pbone-3g! 162, Dec. 18. 2008, 3 pp. Role of &hock. respo1111e spectrum in electronic product suspension d<:Sign Goyal, S .. Elko, Gacy W., Buratynski, 1-:dwud K. 'lbe lnter.llational1olll'llll ofMicrocircuits 1111d Electronic Packaging. vol. 23, No.2, Socond Quarter, 2000, pp. 182-190 ISSN: 1063·1674 So~~~~:e: bttp:/lwww.imaps.orgljOWD&li2000fQ2/goyal.pdt 9pp. Designing best-in~lass impact-tolerant cellular ph011cs and other portable producta Goyal, S., Upasani, Sanjay S .. Patel, Dhiren M. Bell f.absTcchllicaiJoutn.al. vol. 3, No.3, 1998, pp. 159-1741.)01: IO.I002Ibltj.2123 $01.'1W): http:Jidx.doi.orgll0.10021bllj.2123. 24 pp. il'hone Case Review Roundup: Vaja, Scna, OtterBox, DLO and Hoxwave Soun:e: httjrJlwww.mobilo:tcchrevicw.comfiPod!iPhonecases-rwicw.htntAcccsscd: Sep. 27,2011, 8pp. CapsuleRebeJ1'W for iPhonc lG Source: http:llweb.arcbivll.OflfwcbJ 2008122SO 12114/http:!lwww.switcheasy.~ts/RebelJ Rcbcl.pllp, Dec. 25, 2008, 3pp. C',.apsuleNeo'fW for iPhonc 3G &lutce: bttp:llweharchive.orgfwcb.l 20081222050045/bttp://www,,wit~heasy.com'p~eo!Neo. pltp; Dec. 22, 2008, 4pp. Speck. CandyShell for il'honc 3G Source: http:/lwcb.a:rchive.oqy web/2009011921123S.Ihttp://ilounge.com/inde>t.phplreviews/entr)ll speck-candy1hell·fOr·ipiwDo·3g; Jan. 16, 2009, 7pp. Spc:<:k; PCTI11S20 10022330 flkd Jan. 211, 20 10; ln!e11Wion.al Search Report, lSAIUS; Mar. 31, 2010, 3 pp.

• cited by examiner

0 0

U.S. Patent Jun. 19, 2012 Sheet l of 6 US 8,204,561 B2

FIG.1

0

U.S. Patent Jun. 19, 2012 Sheet 2 of 6 US 8,204,561 B2

20 20

13

12

FIG. 2A

12 20

22

13 ~21

FIG. 28

0

U.S. Patent Jun.l9,2012 Sheet 3 of6 US 8,204,561 B2

12

23

20

21

FIG. 3

0

U.S. Patent Jun. 19, 2012 Sheet 4 of 6 US 8,204,561 B2

12

FIG. 4

20

FIG. 6

0 Sb-_.t Sot6

13

12

23

/:JG. S

0

Us. Pate,.t 0

US 8,204,561 B2

FIG. 7A

FIG. 78

us 8,204,561 B2 1

ONE Pl}:CE CO-FORMED J<:XTERIOR BARD SHELL CASE WITDA."'l' t:I.A."iTOMERIC

LINER FOR MOBO:.E ELECTRONIC DEVICES

2 users like the feel of thc Qrigina1 phone aod would like to maintain that feel but still want protection fur their device. The hard protective e1tteriorshell of the present invention has a low coefficient of friction. This allows the device to easily be

RELA:l'HD AI>PLICA:I'IONS s slipped in and out of pockets easily without becoming

attnchl..>d or without great resi5tance to clothing materials. A major complaint .from I.'Uifent elastomeric case users.

This application is a CON11NUA110N of U.S. patent application Ser. No. 121366,769, f.ded Feb. 6, 2009, the con-tentii ofwhielt is incorporated hemin by reference. to

TECHNICAL PlliW OF Till INVEN'l10N

The case taught by the present invention has an interior elastomeric portion that provides shock protection for the device from dropping, faUs, or other impacts. The interior elastomcric portion also ensures the device and the case fit together with no gaps u the case is a single piece usembly. The case has a very solid connection to the pbone and feels e1ttremely high quality and lightweight. 1hc present invention relates gcncrnlly to handheld mobile

electronic devices, such as a per.;onal digi!al assistant, ccllular telephone, lab top computers or portllbltt digital media player. More spccific11lly the present invention relates to a multiple-component protective case for mobile electronic devices.

15 What makes this case different is the geometry and manu· factnring of the case. The exterior hard shell part is formed to fit the di."'licc closely with a small offset from tbe devices surface. The exterior hard shell raps around the edges of the device it is tormed for. To allow the shell to be able to bc

BACKGROUND OF TilE INVENTION 20 mounted on the device thc comers of the hard shell are cut

apen. This allows each sidewall to flex away when a device is in..,._>rted and snap back once it is in place. The unique aspect

There are mnny cases for handheld electronic devices. of this case is that lhe elastomeric material is limned in 'I hey fall into four Illllin categories: Hlutomeric/Rubbor addition to the exterior bard shell on tl~e interior of the exterior skins, hard plastic shells, cut and sew matcriabr; and combi- 2S hard shell. The elastomcric materia IIllis in the gaps crested at nations of these. In general the elastomeric cases are a single the comers of the exterior hard mel! to allow the hard shell to skin which, because of the flexible nature of the materiol, can flex for mounting. Theelastomeric material is provided in this easily be stretched over the device and then once installed location becau.o;e it hw; much greater inh=t flexibility than conform closely to the shape of lbe device. The rubbery the plastic or metal of the exll.'rior hard shell and it stretches material can pmvidc very good shock rcsistance.lbe down· 30 sufficiently to alluw the sidewalls of the exterior hard shell to side of these types of CBSI."S is that the lllastomeric malerial has still flex away on mounting. This creates a one-piece cue that a high surface friction ct>efficient. This makes this type of wraps around a phone or other mobile electronic device even case difficult to place in and romnve from pockets Wld other on COIIll:IS Wld prevents dirt and fluids from emering wber-tight places. What is needed is a device that oflbrs the very 1.-vcr possible. The elastomeric liner also can bc fimru:d over good shock resistance of an cl!llltomeric case without the high 35 the buttons on the phone wherein a user simply presses the >urface friction coeilicient making it more conveniern:e for clalitomeric liner corresponding to the ponion of the mobile usc. electronic device input that is desired.

liard plastic shells normally arc manufactured as more than one piece to aUow the device to slide into the case before being closed in with a SIICOndary piece. Additionally thi.')' will 40

oftw have a liner of elastomeric material, which helps to cushion the device. This can he co-molded, pert:naDelltly attached or floating with the assembly. C"ut and S!.-w cases are nonnally lllll<k from tlat stock material, which is cut into patterns and then sewn into a shape thai the d1.'Vice can slide 4~ into. 'Ihe device is then held in place, by friction or a strap of some form. The downside to thl::se devices is that it can he difficult to attached a device to a rigid case, or wbc:rc a case bas a secondary piece for securing a device, it can add bulk to the combination ofthedeviccand case, making it impractical. so Additionally, the manufacture of cases which are roquirod to

BRIEF DESCRIP110N Or THE DRAWINGS

'!he nccompanying drawings, which arc incorporated herein and torm a part of the specification, illustrate tbe present invention and, together with the description, further serve to explain the principles of the .invention and to cnablu a person ski Ucd in the pertinent art to rnakJ= and use the invention.

FIG. I is a perspective view of a handheld device prott~etive cue depicting the external hard shell layer wilh cut comers and inner elastomeric lay!.'f of the prot~ve carrying cue where it fills in the cut comers of the external hard shell layer;

FIGS. :ZO and 2h are sectional views of the protective case of the present invention showing the detent cn.."lltc..'<l by the inner elastomeric layer for securing a device in the case;

FlU. 3 is a top orthogonal view of a handheld device

be cut and sewn together greatly increases cost. What is needed is a case that combines both hard lihcll cases and elastomeric materials that is easy to produce and requires minimal material in its production.

SUMMARY OF TIIF. !NVENTION

5$ protective case depicting the external hard sheU layer with cut comers and in.ncrclastomeric layeroftheprotectivecanying case where is fills in the cot comers of the external hard shell layer and an additiooallarp.c clastomcric overhand for =r-

'lbe present invention is an improwmont owr the existing ing a device; cases because it combines the bcstfea~~ofbothbatdcaliC11 60 FlO. 4 is sectional view ofthcprotlll.1ivecaseoftheprcsent and the elastomeric cases while b!.>i.ng only a single part, invention showing the large elastomeric overhand for secur-which is particularly useful from a consumer viewpoint. The ing a device; present invention provides a hard protective exterior shell. FIG. Sis a Jl!.'TSJX.'Ctivc view of the protective case o!' the This hard prult~etive exterior sbell allows the device maxi· pl'e$Cnt invention before a devke is secured therein; mum protection from impacts with sharp obj1.-cl.s. The hard 65 FIG. 6 h; a perspective view or the proii.'Ciivc case attached protective exterior sheJl mimics the finish of existing phones, to a sample device showing the di..'tcnl created by the iuncr MP3/4 players, and other mobile electronic devices. Many elastomcric layer for securing 11 device in the case; and

US 8,204,561 B2 3

FIGS. 1a and 7bare perspective views of !he present invention depicting the external hard shell layer with cut comers and inner elastomerlc layer of the protective canying case is a resting, securing position and in an expanded, device insertion position.

DliTAII.rill DESCRll'110N Of TilE INVENTION

4 cut would be fonned in the elastomeric material but the flex· ing to allow a device 10 be inserted into !he protective case would come from the harder material, and again, cuningaway the comers of the case allows the sides to easily flex.

FIGS. 2a and 6 are sectional views of the protective ca:~e 10 of the present invention showing the detent 20 Cl'tllltcd by the inner elastomeric layer 13 for secoringa device HI in the case. The protective case 10 is fitted to clasp on10 a device 19, and

In the following detail(.'!! d~.-'Serlption of the invention of incorporates a deteutlO to ensure a snug and secuJ'\l fJt. exemplary embodiments of the invention, reference is made to In an alt!."mlllivc embodiment as shown in FIGS. lb and 4, IO!heaccompanyingdrawings{wberulikcnumbersrepresent an additional large clastomeric overhllng 21 for securing a like clements}, v.ilich form a part hereof, and in which is device 19 may be included in the protective case 10. This shown by w-.zy of illustration specific exemplary cmbodi- illustrates a po~sible alternative embodiment where ralher ments in which the invention may be practiced. 'lbese thanhavinganundercutinlheextemalhardshelllayerl3and embodiments arc described in sufficient detail to enable those IS its corresponding sides of the protective case 10, the inner skilled in. the art 10 practice the invention, but otbec emblxli· clastomeric layer 13 forms features that would secwe the ments may be utilized and logical, mechanical, electrical, and protective case to a device 19. other changes may be made without departing from !he scope These feat:urcs could be dctcnts 20 as described along the of the prcl'l.-'111 invcn.tian. The following detailed description is side or top and bottom of the external bard shell layer 1.2 or it therefore, not to be taken in a limiting sense, and the scope of 20 could be a large area like illustrated in FIGS. 2b and 4 where the present invention is defined only by the appended clai.ms. an additional large elastom.eric overhang 21 for securing a

'l'b.e invention will IIDW be described with reference 10 FIG. device 19 may be included in the protective case 10 so that a 1, which iu perspective view of !he prot~ivc case 10 depict· device would be slipped Ullder Olldsecurcd thorcby with some ing the outer layer of the protective c~U~C U, comprising two form of undercut on the opposite end whether molded iniO the separate layers, an first external hard shell layer 12 and a 2S extemallwd shclllayer 12 or the inner elasiOm~.-ric layer 13. second interior elastomcrie layerl3. The lirsl cxtemal hard As shown in FIGS. 3 and 5, the cxtcmal hard s.hclllay(.'fll shell layer 1.2 and a second interior elastomerlc layer 13 are defines a fitted cavity ll fitted to clasp omo a device 19 and combined 10 independently attach 10 a handheld device 19 incorporates a detent .20 10 ensure a snug and secure fit. The and incorporate at least one vicwing window 14, input/output handheld device 19 protective case depicts the extemallwd access ports 15, 16, and 17, and molded elastomerlc covers 30 shell layer 12 with cut co.mcrs 23 and innerelastomeric layer over device buttons, accessible though holes in the hard shell 13 of !he prot~tivc carrying case where the inner elas10mcric 18 und 16. This hard protoolive exterior shellll allows the layer 13 fills in th1.1 cut comers .23 of the external hard &hcll device maximum protection from impacts with sharp objects. layer 11. The external hard shell layer 12 mimics the fmish of existing What makes this case different is the goometry and manu· phones, MP3/4 players, and other mobile electronic devices. 3S facturing of the case. The external bard shell layer n is Many uscxs like th1.1 feel of the original pllooo and would like formed 10 fll a device 19 closely with a small offset from the 10 mainmin that feel but still want protection for their device &.:vices surface. The external hard shell layer 12 raps around 19. l'b.e extemal hard shell layer 12 ofthe present invention lhe t:dges of a device 19 it is formed for. To allow the external bas a low coefficient of friction. This allows the device to hard shell layer 1.2 to be able to be mounted on a device 19 the easily be slipped in and out of pockets easily without becom· 40 comers lJ of the external hard shell layer 12 arc cut open. ing attached or without great resistance to clothing materials. This allows each sid~.-'Wall of the extcm.al bard shell layer 12 to

With further rcf~.->rence to FIG. 1, the external hard shell flex away when a device 19 is inserled and snap back oocc it layer 12 is llltached to the second interiur elastomcric layf..'r is in place. Tb<~ unique &'Peel of the protective case 10 is that 13. 1be extcmal hard shell layer 1.2 and the interior elasto· an inner elastomeric layer 13 is formed in addition to the merle layer 13 may be attached in several ways, such as glue, 45 external hard shell layer 12 on the interior of the external hard chemical bonding, heating, heat treated chemicals or any shell layer 12. The inner elastomerlc layer 13 fills in the gaps other means know in the an which pemllllll.!!l.tly attach the crooted ut the comers .23 of the external hard shell layer 1l to external hard shell layer 12 to the interior elasiOmeric layer allow the external bard shell layer 12 to flex during mounting 13. The iutcrior ela&1omcric portion 13 provides shock pro· a~ shown in FIGS. 7a and 7b. tcction for the device from dropping, fal1s, or olher impacts. so The inner elastomcric layer 13 is provided in this location The intcriorelastomeric portion 13 also ensures the device 19 because it has much gl\-'llter inherent flexibility than the plas· and the protective ta'IO 10 fit together with no gaps as the tic or metal of the external hDrdsbclllaycr 12 and it stretches protcctive case 10 is a single piece assembly. The protective sufficiently to allow the sidewalls of the external hard shell case bas a VW)' solid co1111ection to a device 19 Wld feels layer 1l to !>till tlex away on l1lOUilling as shown in FIGS. 7a !.'Xlrcmely high quality and ligbtw1::ight. ss and 7b. ]his creates a one-piece protective calie 10 that wraps

Depending on manufacturing methods other materials around a device even on comers and p«.-vcnts dirt and ftuids made be used to replace the hard pllll>"tic used by the external from entering wherever possible. bard shell layer 12 in a pn:fcrrcd 1..-mbodimcnt of the present The Jnn.=r chtlllom<:rio li•Y'-'T 13 also can be formed over the invention. For example, if it was desired to make 11 mcJal/ buttons on a device 19 wherein a user simply presses the elastomerlc combo ft>r the protective case 19 without over- 60 exposed inner clastomeric layer 13 corresponding to the por· bangs in the lwd material, in this example metal, a simple tian of the mobile electronic device input that is desired as bending proccn could be considered for the metal manufac- illu~1:rllted by the bunon 18 and26on FIG.l. FIGS. ?a and ?b turing. An over molded interior clll!ltomeric layer 13 would arc perspective views of the present invcn.tion depicting the providethcundercutstosccureadevice. Thcmctalorhard10 external hard shell layer 1.2 with cut corners 23 and inner material would then simply provide li fi-dllli.'Work lOr !he 65 el.u."tomcric layer 13 of the protective canying case 10 is a softer material intcriorlaycr and also provide the el~1ic stiff· resting, securing position 24 and in an expandod, device ness to allow !he device to be held in the opening. The under- insertion position 25.

US 8,204,561 B2 5 6

lt is appreciaU:d that the optimum dimensional relation- that is sufficiently flexible to enable the co-molded one-piece ships for the parts oftbe invention, to indude variation in si:t.tl, assembly to deform and lhe.reby accept insertion of the per-marerials, shape, form, function, and manner ~:~f operation, son.al electronic device. assembly and use, are deemed readily apparent and obvious 6. The one-piece case of claim 1, wherein the exterior hard to one of ordiwlry skill in the art, and all equivalent relation- s layer includes at lt:ait four side surfaces that intenect to form ships to those illustrated in the drawings and <h.-scribed in the at least four comer joints and two of the comer joints com-above w.~ription an:: intended to be encompassed by the prise cut-away portions that expose the co-molded flexible preloiCnt invention. im:lcr layer.

Furthermore, other areas of art may benefit :from lhi& 7. The one-piece case of claim 1, wherein the co-molded method and adjustments to the cbign are anticipated. 'lbus, to one-piece assembly includes an overllang extending trom a the scope of the invtllltion should be determined by the topportionofoneormoreofthesideswfaccsinparalleltothe appended claims and tm..ir l<.'gll) equivalents, rllther than by bottom surface of the one-pkcc case. the examples given. S.lbc one-piece case of claim 1, further comprising:

What is claimed is: an opening parallel to lhe bottom surface of the flexible 1. A one-piece case for enclosing a peMltlul electronic IS innerlayerpositionedsuchthataportionoftheinserted

ck'Vice comprising: personal electronic device is not enclosed by tbc co-a flexible inner layer co-molded wilh an exterior hard layer molded one-piece assembly.

and permanently aflixed together to fonn a co-molded 9. The ~ of claim 8, wherein an overhang extending On<."-picce assombly; from a top portion of one or more of the side surfaces and

wherein the co-molded om.'-picce assembly is sufficiently 2o extends completely around the perimeter of the opening. flexible to accept inse:rtion of tbc personal electronic 10. The one-piece case of claim 1, further comprising: dt.'Vicc and sufficiently rigid to securely retain the an aperture sua:l and positioned to align v.ith a feature of inserted pei'IIOnal cloctronic device, wherein: the inserted personal electronic &."Vice and !hereby

the tlexible inner layer includes a lx1ttom surfuce. side enable access to the feature. surfiK:cs joined to the bottom surface and extending 2S 11. The one-piece case of claim 1, wherein the side sur-upward therefrom, and a litted cavity coo..!igured to Jaces ofat leat."t one of the flexible inner layer and the exterior accept and retain the ialierted pet110n.al electronic device hard layer extend above a top surface of the inserted personal such that the bottom surfilce covers at least a portion of eiel."trunic device. a bottom lit!Cf.lce of lhe inserted personal electronic 12. The one-piece case of claim 1, wherein the flexible d1.'Vice and the side surfaccs cover at least a portion of a 30 inner layer is manufactured from at least one of robber, sill-side surface of the inserted personal electronic device; con, plastic, or tab ric.

the exterior bard layer includes a bottom surface and side 13. 1be one-piece case of claim 1, wherein the exterior surfaces sized and shaped to substantial! y cover an cJtte- hard layer is manufactured from at least one of plastic, m.ctal, rior of the bottcm and side sur:fuecs of the flexible inner 11 polyc-.ubonatc material, or a para-amnid material. layer and a cut away portion that is permanently filled JS 14. The case of claim 1 wherein the co-molded one-piece with a portion of the co-moldod flexible inner layer. assembly comprises a plurnlity of .mdiused corners and a

2. '!be one-picct< ca.<;e of claim 1, wherein the cut-away plurality of cut-away portions and wherein each of the plu-portion forms an expansion portion in. the co-molded one- rality of radiused corners contairu; one of the plurality of piece assembly that contributes to the overall flexibility of the cut-away portions. co-molded one-piece assembly. 40 IS. '!be one-piece case of claim 1, wherein the exterior

3.'Ibconc-piccccascofclaim1,whcreinthettcxibluinm.'1' hard layer includes at least two side surfaces that form a layer of the CQ·molded one-piece assembly provides shock radiused comer and the cut-away portion is located at sub-protection for the enclo!IW personal electronic device. stantially the bisector of the radiused comer.

4. The one-piece a~se of claim 1, wherein the side surfaces 16. The case of claim 1 wherein the cut-away portion that of the exterior hard layer form a corner joint and lhe CO· 4S ispermane.ntlyfilledwithaportionofthcftexibleinnerlayer, molded flexible inner layer fills in the cut-away portion extends through at least the side surface and a portion of the located at the comer joint contributing to the overall fiexibil- bottom surface of the exterior hard layer. ity of the one-piece case.

S. Tbe one-piece case of claim 1. wherein the flexible inner layer that fills in the cut-away portion creates a stretch-woe • • • • •

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET

DEFENDANTS

ORIGINAL I (a) PLAINTIFFS (Check box if you are representing yourselfO)

SPECULATIVE PRODUCT DESIGN, LLC, a California Limited Liability Company d/bJa SPECK PRODUCTS,

KAREN BECKER, an Individual, KA TINKAS USA, LLC, a Utah Limited Liability Company, and DOES I -10, Inclusive,

(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.)

JOHNSON & PHAM, LLP, 6355 Topanga Canyon Blvd., Suite 326 Woodland Hills, CA 91367, Ph: 818-888-7540; Fax: 818-888-7544

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an X in one box only.) Ill. CITIZENSHIP OF PRINCIPAL PARTIES- For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant.)

0 1 U.S. Government Plaintiff fi 3 Federal Question (U.S. Government Not a Party) Citizen ofThis State

0 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship Citizen of Another State of Parties in Item Ill)

PTF DEF 01 01

02 02

PTF DEF Incorporated or Principal Place 04 04 of Business in this State

Incorporated and Principal Place 05 05 of Business in Another State

Citizen or Subject of a Foreign Country 0 3 0 3 Foreign Nation 06 06

IV. ORIGIN (Place an X in one box only.)

r!fi1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from another district (specify): 0 6 Multi- 0 7 Appeal to District Judge from Magistrate Judge

Proceeding State Court Appellate Court Reopened District Litigation

V. REQUESTED IN COMPLAINT: JURY DEMAND: 'Jves 0 No (Check 'Yes' only if demanded in complaint.}

CLASS ACTION under F.R.C.P. 23: 0 Yes rfNo 0 MONEY DEMANDED IN COMPLAINT:$

VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)

Federal Trademark Infringement (15 U.S.C. Section 1114/Lanham Act Section 32(a))

VII. NATURE OF SUIT (Place an X in one box only.)

OTHERS'J"ATUTES ,,,.,, " ,'"·, ·<;. '

0400 State Reapportionment Fair Labor Standards 0410 Antitrust Marine 0310 Airplane PROPERTY 0510 Motions to Act 0430 Banks and Banking Miller Act 0315 Airplane Product 0370 Other Fraud Vacate Sentence 0 720 Labor/Mgml. 0450 Commerce/ICC Negotiable Instrument Liability 0371 Truth in Lending Habeas Corpus Relations

Rates/etc. Recovery of 0320 Assault, Libel & 0380 Other Personal 0530 General 0730 Labor/Mgmt. 0460 Deportation Overpayment & Slander Property Damage 0535 Death Penalty Reporting& 0470 Racketeer Influenced Enforcement of 0 330 Fed. Employers' 0385 Property Damage 0540 Mandamus/ Disclosure Act

and Corrupt Judgment Liability Product Liability Other 0 740 Railway Labor Act Organizations 0151 Medicare Act 0340 Marine . '~KROl'tCY> .. 0550 Civil Rights 0790 Other Labor

0345 Marine Product 0480 Consumer Credit 0152 Recovery of Defaulted Liability

0 422 Appeal 28 USC 0555 Prison Condition Litigation 0490 Cable/Sat TV Student Loan (Excl. 0350 Motor Vehicle 158 I .l• 0791 Empl. Ret. Inc. 0810 Selective Service Veterans) 0 355 Motor Vehicle 0423 Withdrawal 28 ;lmNALTY.&•,,'· Security Act 0 850 Securities/Commodities/ 0153 Recovery of Product Liability usc 157 0610 Agriculture il'!tr.!QPERTYRlG~

Exchange Overpayment of 0360 Other Personal . aYliLRlOHTS 0620 Other Food & 0 820 Copyrights 0875 Customer Challenge 12 Veteran's Benefits Injury 0441 Voting Drug ~30 Patent

usc 3410 0160 Stockholders' Suits 0362 Personal Injury- 0442 Employment 0625 Drug Related 840 Trademark 0 890 Other Statutory Actions 0190 Other Contract Med Malpractice 0443 Housing/Acco- Seizure of ',; SOclAL S:ecuRITY 0 891 Agricultural Act 0195 Contract Product 0365 Personal Injury- mmodations Property 21 USC 0 861 HIA (I 395ft) 0892 Economic Stabilization Liability Product Liability 0444 Welfare 881 0 862 Black Lung (923}

Act 0196 Franchise 0368 Asbestos Personal 0445 American with 0 630 Liquor Laws 0 863 DIWCIDIWW 0 893 Environmental Matters .. REAL'PRO:PERTY Injury Product Disabilities - 0 640 R.R. & Truck (405(g}) 0894 Energy Allocation Act 0210 Land Condemnation Liability Employment 0650 Airline Regs 0 864 SSID Title XVI 0895 Freedom oflnfo. Act 0220 Foreclosure .'.>'c'lli(MlQAATIOlt 0446 American with 0660 Occupational 0 865 RSI (405(g)) 0900 Appeal of Fee Determi- 0230 Rent Lease & Ejectment 0462 Naturalization Disabilities - Safety /Health T.AXSUJT$:

nation Under Equal 0240 Torts to Land Application Other 0690 Other Taxes (U.S. Plaintiff Access to Justice 0245 Tort Product Liability 0463 Habeas Corpus- 0440 Other Civil or Defendant)

0950 Constitutionality of 0290 All Other Real Property Alien Detainee Rights 0 871 IRS-Third Party 26 State Statutes 0465 Other Immigration USC7609

Actions

F G~&~ !~10~ FOR OFFICE USE ONLY: Case Number: - · .

AFfER COMPLETING THE~ ~U; ~OR-~ C Pt HE INFORMATION REQUESTED BELOW.

CV-71 (05/08} CIVIL COVER SHEET Pagel of2

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET

VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? l'fNo 0 Yes

If yes, list case number(s): ---------------------------------------------------

VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? <iNo 0 Yes

If yes, list case number(s): ---------------------------------------------------

Civil cases are deemed related if a previously filed case and tbe present case:

(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or

0 B. Call for determination of the same or substantially related or similar questions of law and fact; or

0 C. For other reasons would entail substantial duplication oflabor if heard by different judges; or

0 D. Involve the same patent, trademark or copyright,~ one of the factors identified above in a, b or c also is present

IX. VENUE: (When completing the following information, use an additional sheet if necessary.)

(a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides. 0 Check here if the government its agencies or employees is a named plaintiff If this box is checked go to item (b).

County in this District:* California County outside of this District; State, if other than California; or Foreign Country

Santa Clara County, California

(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides. 0 Check here if the government, its agencies or employees is a named defendant. If this box is checked go to item (c).

County in this District: • Cal 1fornia County outside of this District; State, if other than California; or Foreign Country

Utah

(c) L1st the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose. Note· In land condemnation cases, use tbe location of the tract ofland involved.

County in this District:* California County outside of this District; State, if other than California; or Foreign Country

L{)s Angeles County, California

• Los Angeles, Orange, San Bernardino, Riverside, V~i_!:~;IAiiFII,-~~ Note: In land condemnation cases use the location o e tract oft

Key to Statistical codes relating to Social Secun

Nature of Suit Code Abbreviation

861 HIA

862 BL

863 DIWC

863 DIWW

864 SSID

865 RSI

CV-71 (05/08)

the informati contained herein neither replace nor supplement the filing and service of pleadings nfere the United States in September 1974, is required pursuant to Local Rule 3-1 is not filed

·~!W~~rmer!ll]aTrtnitiating the civil docket sheet (For more detailed instructions, see separate instructions sheet)

Substantive Statement of Cause of Action

All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. 1935FF(b)}

All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C 923)

All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g))

All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405(g))

All claims for supplemental security income payments hased upon disability filed under Title 16 of the Social Security Act, as amended.

All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42 u.s.c. (g))

CIVIL COVER SHEET Page 2 of2

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