Escolar Documentos
Profissional Documentos
Cultura Documentos
)
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Defendant.
COMPLAINT
Plaintiff Riddell, Inc. (Riddell or Plaintiff) alleges the following claims against
Defendant Rawlings Sporting Goods Company, Inc. (Rawlings or Defendant):
THE PARTIES
1.
located at 9801 West Higgins Road, Suite 800, Rosemont, Illinois, 60018.
2.
its principal place of business located at 510 Maryville University Dr., Suite 110, St. Louis,
Missouri, 63141.
4.
Upon information and belief, Defendant makes, sells, offers for sale in the United
States, and/or imports into the United States, sports equipment, including sports helmets and
shoulder pads.
115001-0004/LEGAL124483347.1
This is a civil action for patent infringement arising under the patent laws of the
United States, 35 U.S.C. 1 et seq. This Court has subject matter jurisdiction under 28 U.S.C.
1331 and 1338(a).
6.
This Court has personal jurisdiction over Defendant because Defendant engages
in business within this district, and has placed infringing products into the stream of commerce
by shipping products into this district (and/or knowing that the products would be shipped into
this judicial district), and such infringing products have been sold and used in this district.
7.
Venue is proper in this district under 28 U.S.C. 1391 and 1400(b), because,
among other reasons, Defendant is subject to personal jurisdiction in this district and has
committed acts of infringement in this district.
COUNT I
Patent Infringement of U.S. Patent No. 6,934,971
8.
Plaintiff repeats and re-alleges each and every allegation of the foregoing
Plaintiff is the owner by assignment of U.S. Patent No. 6,934,971, which was
duly and lawfully issued by the United States Patent and Trademark Office on August 30, 2005,
entitled Football Helmet (the 971 patent). A true and correct copy of the 971 patent is
attached as Exhibit A and made a part hereof.
10.
Regarding the 971 patent, Plaintiff has complied with the statutory notice
Defendant has knowledge of the 971 patent. For example, the 971 patent is a
-2115001-0004/LEGAL124483347.1
13.
Defendant has infringed, and is currently infringing, literally and/or under the
doctrine of equivalents, one or more claims of the 971 patent, in violation of 35 U.S.C. 271 et
seq., directly, indirectly, contributorily, and by inducement of and action with others, by making,
using, selling, offering to sell in the United States, and/or importing into the United States
products that embody one or more claims of the 971 patent, including without limitation
football helmets identified with the Tachyon, Impulse, Quantum, Momentum, and Force model
names.
14.
Defendant has contributorily infringed and has induced infringement of the 971
patent by offering to sell and selling the Tachyon, Impulse, Quantum, Momentum, and Force
helmets to customers, buyers, users and others who directly infringe the 971 patent.
Infringement of the 971 patent can be found through use of the accused helmets, which are not
staple articles or commodities of commerce suitable for substantial non-infringing use in an
ordinary and intended manner. Defendant contributes to and induces infringement of the 971
patent by inducing its customers to use the Tachyon, Impulse, Quantum, Momentum, and Force
helmets in the United States, with knowledge of the 971 patent.
15.
Defendants infringement of the 971 patent has been and continues to be willful.
16.
Plaintiff has been injured and damaged by Defendants infringement of the 971
patent. Defendants infringement has caused, and will continue to cause, irreparable harm to
Plaintiff, for which Plaintiff has no adequate remedies at law, unless and until enjoined by this
Court.
COUNT II
Patent Infringement of U.S. Patent No. 8,528,118
17.
Plaintiff repeats and re-alleges each and every allegation of the foregoing
-3115001-0004/LEGAL124483347.1
18.
Plaintiff is the owner by assignment of U.S. Patent No. 8,528,118, which was
duly and lawfully issued by the United States Patent and Trademark Office on September 10,
2013, entitled Sports Helmet (the 118 patent). A true and correct copy of the 118 patent is
attached as Exhibit B and made a part hereof.
19.
2014. A true and correct copy of the Ex Parte Reexamination Certificate for the 118 patent is
attached as Exhibit C and made a part hereof.
20.
Regarding the 118 patent, Plaintiff has complied with the statutory notice
Defendant has knowledge of the 118 patent at least as of the date of the filing of
this Complaint.
22.
23.
Defendant has infringed, and is currently infringing, literally and/or under the
doctrine of equivalents, one or more claims of the 118 patent, in violation of 35 U.S.C. 271 et
seq., directly, indirectly, contributorily, and by inducement of and action with others, by making,
using, selling, offering to sell in the United States, and/or importing into the United States
products that embody one or more claims of the 118 patent, including without limitation
football helmets identified with the Tachyon, Impulse, Quantum, Momentum, and Force model
names.
24.
Defendant has contributorily infringed and has induced infringement of the 118
patent by offering to sell and selling the Tachyon, Impulse, Quantum, Momentum, and Force
helmets to customers, buyers, users and others who directly infringe the 118 patent.
Infringement of the 118 patent can be found through use of the accused helmets, which are not
-4115001-0004/LEGAL124483347.1
26.
Plaintiff has been injured and damaged by Defendants infringement of the 118
patent. Defendants infringement has caused, and will continue to cause, irreparable harm to
Plaintiff, for which Plaintiff has no adequate remedies at law, unless and until enjoined by this
Court.
COUNT III
Patent Infringement of U.S. Patent No. D603,100
27.
Plaintiff repeats and re-alleges each and every allegation of the foregoing
Plaintiff is the owner by assignment of U.S. Patent No. D603,100, which was duly
and lawfully issued by the United States Patent and Trademark Office on October 27, 2009,
entitled Sports Helmet (the 100 patent). A true and correct copy of the 100 patent is
attached as Exhibit D and made a part hereof.
29.
Regarding the 100 patent, Plaintiff has complied with the statutory notice
Defendant has knowledge of the 100 patent. For example, the 100 patent is a
32.
Defendant has infringed, and is currently infringing the claim of the 100 patent,
in violation of 35 U.S.C. 271 et seq., by making, using, selling, offering to sell in the United
-5115001-0004/LEGAL124483347.1
States, and/or importing into the United States products that embody the claim of the 100 patent,
including without limitation football helmets identified with the Tachyon, Impulse, Quantum,
Momentum, and Force model names and baseball helmets identified with the S100, S90, S80 and
S70 series names.
33.
Defendants infringement of the 100 patent has been and continues to be willful.
34.
Plaintiff has been injured and damaged by Defendants infringement of the 100
patent. Defendants infringement has caused, and will continue to cause, irreparable harm to
Plaintiff, for which Plaintiff has no adequate remedies at law, unless and until enjoined by this
Court.
COUNT IV
Patent Infringement of U.S. Patent No. 8,813,271
35.
Plaintiff repeats and re-alleges each and every allegation of the foregoing
Plaintiff is the owner by assignment of U.S. Patent No. 8,813,271, which was
duly and lawfully issued by the United States Patent and Trademark Office on August 26, 2014,
entitled Shoulder Pads (the 271 patent). A true and correct copy of the 271 patent is
attached as Exhibit E and made a part hereof.
37.
Regarding the 271 patent, Plaintiff has complied with the statutory notice
Defendant has knowledge of the 271 patent at least as of the date of the filing of
this Complaint.
39.
40.
Defendant has infringed, and is currently infringing, literally and/or under the
doctrine of equivalents, one or more claims of the 271 patent, in violation of 35 U.S.C. 271 et
-6115001-0004/LEGAL124483347.1
seq., by making, using, selling, offering to sell in the United States, and/or importing into the
United States products that embody one or more claims of the 271 patent, including without
limitation the Titan and Spartan lines of shoulder pads.
41.
42.
Plaintiff has been injured and damaged by Defendants infringement of the 271
patent. Defendants infringement has caused, and will continue to cause, irreparable harm to
Plaintiff, for which Plaintiff has no adequate remedies at law, unless and until enjoined by this
Court.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for a judgment that:
A.
Defendant has willfully infringed one or more claims of the 971 patent, 118
servants, successors and assigns, and any and all persons acting in privity or in concert or
participation with Defendant, be enjoined from infringement of the 971 patent, 118 patent, 100
patent and 271 patent under 35 U.S.C. 283;
C.
infringement of the 971 patent, 118 patent, 100 patent and 271 patent, and such damages be
trebled under 35 U.S.C. 284 and awarded to Plaintiff, with interest;
D.
This case be adjudged an exceptional case under 35 U.S.C. 285, and Plaintiff be
awarded attorneys fees, costs, and all expenses incurred in this action;
E.
F.
-7115001-0004/LEGAL124483347.1
G.
Plaintiff be awarded such other and further relief as the Court deems just and
proper.
JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff demands a trial by
jury on all issues triable by jury.
-8115001-0004/LEGAL124483347.1
Exhibit
A
Ide et al.
(54)
FOOTBALL HELMET
3,882,547 A
4,075,714 A
5/1975 Morgan
*
4,287,613 A
9/1981 SChultZ
Nelson
(Us); chriswphfr
Kraemer, Mt
R P
Prospect,
Withnall
IL
4,404,690 A
2 * 9/1983 18613111161666":
(zjodrreale ........................1:: 2/420
NePean(CA)>T1mthY D- Bayne>
4,744,107 A
Nepean (CA)
4,794,652 A *
4,831,668 A
5/1989
4,837,866 A *
4,853,980 A
4,903,346 A *
4,916,759 A
5,014,365 A
(*)
Notice:
* 12/1982 Goodlng
*
*
5,035,009 A
5,175,889 A
(22)
5,177,816 A *
5,263,203 A
Med
May 1 2003
(65)
132677287 5
(73)
(21)
US 6,934,971 B2
2/414
Schulz
Kraemer et al.
D364,487 S
6,079,053 A *
6,189,156 B1 *
6/2000
2/2001
6,226,801 B1
(60)
(51)
Int C17
A63B 71/10
2002/0104533 A1 *
(52)
(58)
* cited by examiner
2002.
D475,486 S
(56)
References Cited
(57)
ABSTRACT
1,522,952 A :
2,140,716 A
3,166,761 A
3,609,764 A
* 10/1971
3,186,004 A *
3,761,959 A
1/1965
Strohm
6/1965 Carlini
2/413
10/1973 Dunning
101
U.S. Patent
70
FIG. 5
66 102 55
Sheet 1 0f 11
US 6,934,971 B2
U.S. Patent
101
100
Sheet 2 0f 11
US 6,934,971 B2
U.S. Patent
65
Sheet 3 0f 11
US 6,934,971 B2
U.S. Patent
Sheet 4 0f 11
US 6,934,971 B2
U.S. Patent
Sheet 5 0f 11
US 6,934,971 B2
155
178
155
177
179
U.S. Patent
Sheet 6 0f 11
"0
F G.
K 210
55
155
__
151
141
I/
301
US 6,934,971 B2
1F._\\ .
,.l.:?:\l
as
'
Q; 61 \\
1
62
152
:52
1
112
200
111
FIG. 15
U.S. Patent
Sheet 7 0f 11
FIG. 14
US 6,934,971 B2
U.S. Patent
Sheet 8 0f 11
US 6,934,971 B2
U.S. Patent
Sheet 9 0f 11
US 6,934,971 B2
U.S. Patent
Sheet 10 0f 11
US 6,934,971 B2
51
_
109
____\(
_ A?) I
FIG. 17
fit-H v,
9a
./
,
-
47 1
I 0 gr .
65
65'
\55
"
92
U.S. Patent
Sheet 11 0f 11
FIG. 15
55
US 6,934,971 B2
150I
55
FIG. 20
US 6,934,971 B2
1
2
While it is the desire and goal that a football helmet, and
FOOTBALL HELMET
Football Helmet.
1O
15
35
40
45
include pads adjacent the players ear and these pads gen
erally are located along the loWer and front edge of the ear
?ap. These pads must also be pulled aWay from the ears of
the player When removing a conventional helmet. The
repeated putting on, and taking off, a football helmet may
55
65
US 6,934,971 B2
3
FIG. 2;
FIG. 8 is a partial exploded perspective vieW of a portion
side of the chin protector passes through the at least one slot.
In accordance With another aspect of the present
invention, the football helmet may include a shock absorb
ing liner associated With the inner Wall surface of the shell
by the liner connector. An additional feature of this aspect of
the present invention is that the shock absorbing liner may
include a plurality of resilient members adapted to absorb
35
40
1 and 8;
FIG. 13 is a partial exploded perspective vieW of the
croWn pad in accordance With the present invention;
FIG. 14 is a partial exploded perspective vieW of a shock
absorbing liner in accordance With the present invention,
corresponding to the shock absorbing liner shoWn in FIGS.
8 and 12;
FIG. 15 is a partial exploded perspective vieW of the
helmet of FIG. 1A, illustrating another embodiment of a
55
In the DraWing:
FIG. 1 is a perspective vieW of an embodiment of a
US 6,934,971 B2
5
outer shell 31, ear ?ap 32, each ear ?ap 32 including a jaW
?ap 33, a chin protector connector 34, a face guard connec
tor 35, and a liner connector (not shoWn). Outer shell 31 is
With reference to FIGS. 12, 19, and 20, the outer shell 31
a loWer edge surface 42, and tWo sides 43 (FIGS. 1 and 1A)
and 44 (FIG. 19). As is knoWn in the art, and as Will be
hereinafter described in greater detail, shell 31 is adapted to
receive the head 45 of a Wearer 46 of the helmet 30, the
15
25
32 includes a jaW ?ap 33, the left hand jaW ?aps 33 being
illustrated in FIGS. 1 and 1A, and the right jaW ?ap 33 being
35
55
player strikes the ground upon being tackled, his or her face
guard might strike the ground at the loWer most center 70
(FIG. 1) of face guard 65, Which Would be an upWardly
US 6,934,971 B2
7
10
15
outer Wall surface 38 of the shell 31. Each of the face guard
connectors 35 has a recess 76 (FIG. 4) Which receives a
25
the shell 31, and outer, annular shaped lip 75 that abuts the
40
and face guard connector body members 85, 85. The fric
77.
US 6,934,971 B2
9
10
With respect to FIGS. 1A, 1B, 15, and 19, chin protector
connector 34 includes at least tWo notches 107, 108 (FIG.
19) formed in the loWer edge surface 42 of shell 31, With at
least one notch being disposed on each side 43, 44 of the
shell 31. As shoWn in FIGS. 1A. and 1B, at least one of the
?exible members 103, 104 on each side of the chin protector
100 passes through at least one 107 of the notches 107, 108
on each side 43, 44 of the shell 31. Preferably, only one
notch is formed in the shell 31 on each side 43, 44 of the
point.
15
a female snap connector 110 carried by a bracket 111 25 37, 38 of the shell, Whereby sharp edges are avoided Which
edge surface 42 of the shell 31, and as seen in FIG. 19, and
40
45
55
US 6,934,971 B2
11
12
liners 125, 125 have ?rst and second ends 140, 141, and the
pad members 135 disposed upon the inner Wall surface 136
of a portion of the jaW ?ap 33.
least one resilient pad member 135, may be jaW pad 150.
Another embodiment of the at least one resilient pad mem
ber 135 may be seen in FIGS. 15 and 16 as jaW pad 150. 15
Each of the resilient pad members 135, or jaW pads 150, 150
include at least one, and preferably three resilient pad
members 151, 152, 153, in the case of the embodiment of
25
resilient pad members that comprise jaW pads 150, 150. For
jaW pad 150, and tWo resilient pad members 151 and 152
in the embodiment of resilient pad member 135, or jaW pad
150 of FIG. 16. As previously described, each of the
resilient pad members 135, or jaW pads 150, 150, are
releaseably secured to the resilient members 130 of the
shock absorbing liners 125, 125 by a connector member
145, 145. Preferably the connector member 145, 145 is a
sling 160, 160, that suspends at least at least one of the
40
151 and 152 on the other side. The top of the ear channel
members 151 and 152. The upper end of ear channel 170, as
US 6,934,971 B2
13
14
layer of foam 175, and the pad 152 may, if desired, have
multiple of layers of foam disposed Within chamber, or
housing 179. If it is desired to provide for a ?uid Within
chamber 179, pad 150 may also include an in?ation valve
182 as previously described, in ?uid communication With an
air channel 181, Which in turn is in ?uid communication
With the interior of chamber 179. As shoWn in FIG. 15,
in?ation valve 182 for pad 150 is associated With an
in?ation port 97, disposed in the outer Wall surface 38 of
portions;
each side of the shell includes an ear ?ap adapted to
generally averlie an ear and a portion of a cheek of the
Wearer;
respective side;
each ear ?ap including a jaW ?ap attached to the ear ?ap,
25
in FIG. 16. The tWo outer Wall surfaces 190, 191 of chamber
pad 150 may have at least three sides, ?ve sides being
pad 150 may have more than three sides, as Well as could
have only an outer circumference, Were it to be formed in the
shape of a circle.
With reference to FIGS. 12 and 13, a croWn shock
40
45
55
the body of the Wearer of the helmet and beloW the basic
plane of the head of the Wearer of the helmet. The energy, or
65
US 6,934,971 B2
15
16
the jaW ?ap, each ear channel being disposed adjacent an ear
opening formed in each ear ?ap.
35
the croWn, and each ear ?ap generally lies in a plane Which
is substantially parallel to the longitudinal axis of the outer
shell.
40. The football helmet of claim 39, Wherein the outer
outer shell.
65
Exhibit
B
Ide et a].
(54)
US 8,528,118 B2
SPORTS HELMET
(56)
References Cited
(Continued)
Notice:
CH
692011
1/2002
DE
8321097
10/1983
C i~
d
( on mue )
OTHER PUBLICATIONS
Expert Report of Mr. Rovani ?led Dec. 15, 2009, Riddell, Inc. v.
Schutt Sports, Inc.; US. District Court for the W.D. of Wisconsin;
08-cv-7l l.
Filed:
(Continued)
Jun 3 2011
(65)
US 2011/0277221A1
(57)
ABSTRACT
(60)
front region across the croWn to the rear reg1on. The central
band has loWer side portions that extend from the rear region
toWards the side region of the shell and terminate proximate
an ear opening in the shell. The central band has a Width
(51)
Int Cl
A63B 71/10
(52) U-s- Cl-
(58)
(200601)
US 8,528,118 B2
Page 2
(56)
References Cited
U.S. PATENT DOCUMENTS
1,262,818
1,449,183
1,522,952
1,655,007
1,691,202
1,705,879
1,868,926
1,892,943
2,140,716
2,250,275
2,296,335
2,354,840
2,570,182
2,688,747
2,758,304
2,768,380
2,785,405
D180,239
2,850,740
2,861,272
2,867,811
2,904,645
2,969,546
2,985,883
2,986,739
3,039,108
3,113,318
3,166,761
3,167,783
3,186,004
3,187,342
3,216,023
3,263,236
3,274,613
3,327,313
3,447,162
3,548,409
3,548,410
3,609,764
3,619,813
3,713,640
3,761,959
3,783,450
3,787,895
3,793,241
D230,911
3,818,508
3,854,146
3,882,547
3,916,446
3,934,271
3,994,020
3,994,021
3,994,022
4,023,213
4,028,743
4,044,400
4,060,855
4,075,714
4,101,983
4,233,687
4,272,853
4,279,038
4,287,613
D267,287
4,363,140
4,370,759
4,390,995
4,398,306
4,404,690
D271,249
4,461,044
4,475,248
4,477,929
4,633,531
4/1918
3/1923
1/1925
1/1928
11/1928
3/1929
7/1932
1/1933
12/1938
7/1941
9/1942
8/1944
10/1951
9/1954
8/1956
10/1956
3/1957
5/1957
9/1958
11/1958
1/1959
9/1959
1/1961
5/1961
6/1961
6/1962
12/1963
1/1965
2/1965
6/1965
6/1965
11/1965
8/1966
9/1966
6/1967
6/1969
12/1970
12/1970
10/1971
11/1971
1/1973
10/1973
1/1974
1/1974
2/1974
3/1974
6/1974
12/1974
5/1975
11/1975
1/1976
11/1976
11/1976
11/1976
5/1977
6/1977
8/1977
12/1977
2/1978
7/1978
11/1980
6/1981
7/1981
9/1981
12/1982
12/1982
2/1983
7/1983
8/1983
9/1983
11/1983
7/1984
10/1984
10/1984
1/1987
McGill
Johnstone
Goldsmith
Boettge
Van
Rodgers
Tatore
Geyer
Pryale
Riddell
Brady
Seletz
Daly et al.
Marx
McGowan
Golomb
Snyder
McMurry
Adams
Stuart
Jones
Sarles
Morgan, Jr.
Marietta
Rozzi
Lohrenz
Marietta
Strohm
Wolfe
Carlini
Aileo
Morgan
Humphrey
SoWle
Pukish
Aileo
Aileo
Parker
Morgan
Marchello
Margan
Dunning
OConnor
Belvedere
Kyle et al.
Isps, Jr.
Lammers et al.
Dunning
Morgan
Gooding
Rhee
Villari
Villari et al.
Villari et al.
Rovani
Christensen
LeWicki
Rappleyea
Ryder et al.
Dera et al.
Lancellotti
Schuessler
Bruckner et al.
Schulz
Gooding
Correale
Zide
Walck
Gooding
Farquharson
Farquharson
Reiterman
LAbbe et al.
Mattsson
Nimmons
4,646,368
4,651,356
4,677,694
4,692,947
4,706,305
4,741,054
4,744,107
4,774,729
4,794,652
4,808,469
4,831,668
4,837,866
4,853,980
4,866,792
4,885,806
4,903,346
4,916,759
D309,512
4,947,490
5,014,365
5,035,009
5,083,321
5,093,936
5,093,939
5,101,517
5,129,108
5,136,728
5,142,700
D332,507
5,175,889
5,177,816
5,263,203
5,263,204
5,267,353
5,293,649
RE34,699
D350,7l0
5,347,660
D357,555
5,418,257
5,461,730
D364,487
5,502,843
5,539,936
5,553,330
D378,236
D378,624
D382,671
D383,953
5,713,082
5,724,681
5,732,414
5,737,770
5,790,988
5,794,274
5,799,337
D406,399
5,883,145
D408,236
5,915,537
5,930,840
5,938,878
5,946,735
5,953,761
5,963,990
5,966,744
6,047,400
6,054,005
6,070,271
6,073,271
6,079,053
6,081,932
6,128,786
6,138,284
6,189,156
6,199,219
6,219,850
6,226,801
D445,962
B1
B1
B1
B1
S
3/1987
3/1987
7/1987
9/1987
11/1987
5/1988
5/1988
10/1988
1/1989
2/1989
5/1989
6/1989
8/1989
9/1989
12/1989
2/1990
4/1990
7/1990
8/1990
5/1991
7/1991
1/1992
3/1992
3/1992
4/1992
7/1992
8/1992
8/1992
1/1993
1/1993
1/1993
11/1993
11/1993
12/1993
3/1994
8/1994
9/1994
9/1994
4/1995
5/1995
10/1995
11/1995
4/1996
7/1996
9/1996
2/1997
3/1997
8/1997
9/1997
2/1998
3/1998
3/1998
4/1998
8/1998
8/1998
9/1998
3/1999
3/1999
4/1999
6/1999
8/1999
8/1999
9/1999
9/1999
10/1999
10/1999
4/2000
4/2000
6/2000
6/2000
6/2000
7/2000
10/2000
10/2000
2/2001
3/2001
4/2001
5/2001
7/2001
Infusino et al.
Zide
Crow
Black et al.
Cho
Mattes
Fohl
Coates et al.
Piech VOIl Planta et al.
Hiles
Schulz
Rector et al.
Zarotti
Arai
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6,256,798
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6,324,701
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6,370,699
D459,032
D459,554
D459,555
6,438,762
6,438,763
6,446,270
D465,067
6,481,024
B1
B1
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B1
S
B1
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8/2001
9/2001
9/2001
10/2001
10/2001
10/2001
12/2001
2/2002
3/2002
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6/2002
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JP
JP
JP
JP
JP
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JP
JP
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WO
WO
19745960
512193
256430
1354719
56-53735
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11/1992
8/1926
5/1974
5/1981
12/1982
3/1991
5/1993
10/1993
4/1995
5/1995
7/1998
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9/2011
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57-205511
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7,146,652
7240376
D575458
B1
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13581407 S
711 d t dF b 16 2009
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Ide et al.
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Ide et 31'
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2/2009 Nimmons et a1
f1 e _
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'
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3/ 2009 Nimmons
D587,853 S
3/2009 Nimmons
ration).
B85185 5
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138571854
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136291162 5
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2009 0265841 Al
10 2009 Ferrara
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8 2005 (Ab H t
6P
1 )
S 1 on y '_
DE
DE
3338188
3603234
5/1985
8/ 1987
US. Patent
70
66 102 55
Sheet 1 0f 11
US 8,528,118 B2
US. Patent
Sheet 2 0f 11
US 8,528,118 B2
US. Patent
65
FIG. 5
Sheet 3 0f 11
US 8,528,118 B2
US. Patent
Sheet 4 0f 11
US 8,528,118 B2
US. Patent
Sheet 5 0f 11
US 8,528,118 B2
US. Patent
Sheet 6 0f 11
US 8,528,118 B2
US. Patent
Sheet 7 0f 11
US 8,528,118 B2
US. Patent
FIG. 15
Sheet 8 0f 11
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US. Patent
Sheet 9 0f 11
US 8,528,118 B2
US. Patent
Sheet 10 0f 11
US 8,528,118 B2
US. Patent
Sheet 11 0111
US 8,528,118 B2
FIG. 1a
150.
US 8,528,118 B2
1
SPORTS HELMET
CROSS-REFERENCE TO RELATED
APPLICATIONS
the helmet.
While it is the desire and goal that a football helmet, and
TECHNICAL FIELD
20
25
40
helmet, has remained the same for many years. In this regard,
a typical football helmet has included an ear ?ap as a part of
a back, a front, a loWer edge surface, and tWo sides, the shell
being adapted to receive the head of Wearer of the helmet, the
Wearer having a loWer j aW having tWo side portions; each side
of the shell includes an ear ?ap adapted to generally overlie an
the shell forming the helmet, and the ear ?ap generally over
45
50
55
and these pads generally are located along the loWer and front
edge of the ear ?ap. These pads must also be pulled aWay from
The repeated putting on, and taking off, a football helmet may
each ear ?ap including a jaW ?ap attached to the ear ?ap, each
jaW ?ap extending from the ear ?ap forWardly toWard the
US 8,528,118 B2
3
guard of FIG. 1;
FIG. 3 is a cross-sectional vieW taken along line 3-3 of FIG.
2, shoWing an embodiment of the face guard and a face guard
connector of the present invention;
FIG. 4 is a partial side vieW of the face guard and the
connector of FIG. 3;
FIG. 5 is a perspective vieW of a face guard mounting clip
of FIGS. 1A and 1B;
FIG. 6 is a cross-sectional vieW of the face guard mounting
clip of FIG. 5, taken along line 6-6 of FIG. 5;
FIG. 7 is a partial cross-sectional vieW of the football
helmet of FIGS. 1 and 2, taken along line 7-7 of FIG. 2;
FIG. 8 is a partial exploded vieW of the football helmet and
ciated With the inner Wall surface of the shell by the liner
connector. An additional feature of this aspect of the present
invention is that the shock absorbing liner may include a
plurality of resilient members adapted to absorb shock forces
exerted upon the shell, and the plurality of resilient members
may be disposed along the inner Wall surface of the back and
sides of the shell, including at least one resilient pad member
disposed upon the inner Wall surface of a portion of each of
the jaW ?aps of the shell. A further feature of this aspect of the
present invention is that each of the at least one resilient pad
members may be formed integral With the plurality of resil
8-10;
FIG. 12 is a bottom vieW of the football helmet of FIGS. 1
25
40
45
50
guard.
60
outer shell 31, ear ?ap 32, each ear ?ap 32 including a jaW ?ap
33, a chin protector connector 34, a face guard connector 35,
and a liner connector (not shoWn). Outer shell 3 1 is preferably
65
US 8,528,l 18 B2
5
jaw ?ap 33 has a lower edge 3311, a front edge 33b and an
upper edge 330, wherein the front edge 33b extends between
the lower edge 33a and the upper edge 330. The upper edge
330 is inclined or angled upward along its length from the
front edge 33b. An inner boundary 33d of the jaw ?ap 33 (see
FIGS. 19 and 20) represents the region where the jaw ?ap 33
region 41, a lower edge surface 42, and two side regions 43
(FIGS. 1 and 1A) and 44 (FIG. 19).As is known in the art, and
as will be hereinafter described in greater detail, shell 31 is
adapted to receive the head 45 of a wearer 46 of the helmet 3 0,
the wearer 46 having a lower jaw 47 (FIG. 19) having two side
extends from the ear ?ap 32. The crown 39 of shell 31 may be
provided with at least one, and preferably a plurality of ven
head 45 toward the front of the head 45, and the lower jaw, or
mandible 47, generally ends its connection with the upper jaw
generally adjacent, and forwardly of ears 50 of wearer 46.
Still with reference to FIGS. 1, 1A and 19, each side region
43, 44 of the shell 31 includes an ear ?ap 32, the left ear ?ap
32 being shown in FIGS. 1 and 1A and the right ear ?ap 32
being illustrated in FIG. 19, and ear ?aps 32 are adapted to
generally overlie an ear 50 (FIG. 19) and portion of a cheek 52
of the wearer 46. Each ear ?ap 32 generally extends down
20
wardly from its respective side 43, 44, and in general extends
includes a jaw ?ap 33, the left hand jaw ?aps 33 being illus
trated in FIGS. 1 and 1A, and the right jaw ?ap 33 being
illustrated in FIG. 19. Each jaw ?ap 33 extends from it cor
responding ear ?ap 32 forwardly toward the front 41 of the
shell 31, and as seen in FIG. 19 as adapted to generally extend
to overlie a side portion 48 of the lower jaw 47 of the wearer
46 of the helmet.
As shown in FIG. 19, jaw ?ap 33 is shown to extend
25
dent upon the siZe of the head of the particular wearer of the
helmet. In FIG. 19, helmet 30 is shown superimposed upon
ear ?ap 32 and terminates proximate the ear opening 112 (see
FIG. 19). As shown in FIGS. 19 and 20, the shell 31 includes
a ?rst plurality of vent openings 62 aligned along a ?rst side
of the raised central band, and a second plurality of vent
openings 62 aligned along a second side of the raised central
band. As shown in FIG. 12, the lower edge 42 of the shell 31
de?nes a circumference, and the shell 31 is con?gured such
that the terminal ends of the jaw ?aps 33 reside in the same or
single quadrant of an X-Y coordinate system.
With reference to FIGS. 1, 1A, 8, and 15, the face guard
connector 35 of the present invention will be described in
greater detail. Face guard 65 is formed of a plurality of wire
members 66, which may be formed of any suitable material
30
35
45
55
60
tional helmet.
With reference to FIGS. 12, 19, and 20, the outer shell 31
65
US 8,528,118 B2
7
66c and 66d as shoWn in FIG. 8, With Wire members 66b and
20
25
outer Wall surface 38 of the shell 31. Each of the face guard
45
and 15), With the loWer Wall surface 80 being disposed adja
trated in FIGS. 1 and 1A, Which are used to secure the upper
50
the shell 31, and outer, annular shaped lip 75 that abuts the
member 85, and the outer Wall surface 38 of shell 31. Prefer
ably, as shoWn in FIGS. 3 and 8, both channels, 93, 94 are
formed in the inner surface 91 of the face guard connector
55
65
US 8,528,118 B2
9
10
surface of ear ?aps 32. The notches 107, 108 are believed to
strap connectors 109, 110 and the chin 49 of the Wearer of the
helmet. The further aWay from the virtual pivot point the
loWer snap connection of loWer chin strap 104 is located, the
better the resistance of the helmet 30 to rolling. Notch 107
With respect to FIGS. 1A, 1B, 15, and 19, chin protector
connector 34 includes at least tWo notches 107, 108 (FIG. 19)
formed in the loWer edge surface 42 of shell 31, With at least
one notch being disposed on each side 43, 44 of the shell 31.
As shoWn in FIGS. 1A. and 1B, at least one of the ?exible
members 103, 104 on each side of the chin protector 100
passes through at least one 107 of the notches 107, 108 on
25
each side 43, 44 of the shell 31. Preferably, only one notch is
formed in the shell 31 on each side 43, 44 of the shell;
hoWever, if desired, additional notches could be formed on
the sides of the shell. Preferably, notches 107, 108 are gener
30
40
45
50
60
male and female snap connector 109, 110, and bracket 111, as
ofthe shell 31, and as seen in FIG. 19, and the notches 107,
tioned betWeen the front 41 of the shell and each ear opening
112.As shoWn in FIG. 7, slot 120 is tapered With respect to the
65
assembly on the shock absorbing liner 125 and the inner Wall
surface 37 of the shell 31, as is knoWn in the art.
As shoWn in FIGS. 14 and 16, shock absorbing liner 125
generally includes a plurality of resilient members 130 Which
are adapted to absorb shock forces exerted upon the shell 31,
and the plurality of resilient members 130 are disposed along
the inner Wall surface 37 of the back 40 and sides 43, 44 of
shell 31. The general construction of shock absorbing liner
125 is disclosed in Us. Pat. No. 5,263,203, commonly
US 8,528,118 B2
11
12
openings 112 formed in ear ?aps 32. For example, With ref
surface 42 of the shell 31 adjacent the ear ?ap 32. The ear
channels 170 are thus substantially unobstructed from the ear
second ends 140, 141, and the shock absorbing liners 125,
contact betWeen the ear of the Wearer and the resilient mem
20
bers 130 and resilient pad members 135 of the shock absorb
ing liners 125, 125'. It is believed that ear channels 170 Will
help prevent and/or minimize irritation to the players ear.
With reference to FIGS. 8-11, the details of construction of
jaW pad 150 are illustrated. In general, the resilient pad mem
25
ber 135, orpads 151, 152, 153, may include a layer ofpadding
the inner Wall surface 136 of a portion of the jaW ?ap 33.
As shoWn in FIGS. 8 and 14, one embodiment of the at least
one resilient pad member 135, may be jaW pad 150. Another
embodiment of the at least one resilient pad member 135 may
be seen in FIGS. 15 and 16 as jaW pad 150'. Each of the
one of the resilient pad members that comprise jaW pads 150,
ber 145, 145' is a sling 160, 160', that suspends at least at least
35
40
45
50
and 153 are ?lled With a single layer of padding material, and
pad 152 in addition to at least one layer 176 of padding
material includes a ?uid, and the ?uid may be pressurized.
Preferably, the ?uid is air. As shoWn in FIG. 9, pad 152
ing liner 125 and at least one resilient pad member 135, or jaW
pad 150. Each ear channel 170 is disposed adjacent the ear
65
Exhibit
C
Exhibit
D
US D603,100 S
SPORTS HELMET
D587,854 S
D587,855 S
3/2009
* Cited by examiner
Primary ExamineriRuth Mclnroy
(74) Attorney, Agent, or FirmiMcDermott Will & Emery
LLP
(**)
Term:
14 Years
(57)
CLAIM
(22)
Filed:
Oct. 8, 2008
and described.
(51)
(52)
(58)
................................................ .. 09-03
DESCRIPTION
2/15, 171.3,7
(56)
References Cited
D575,458
8/2008
H0
............ ..
D29/l07
.. D29/l06
D29/l06
D29/l06
D587,852 S
D29/l06
D587,853 S *
3/2009
Nimmons ..... ..
US. Patent
Sheet 1 of4
US D603,100 S
US. Patent
Sheet 2 of4
US D603,100 S
US. Patent
Sheet 4 of4
US D603,100 S
Exhibit
E