Zipbuds v. 2X Mobile - Complaint

Case 3:16-cv-01857-JAH-JLB Document 1 Filed 07/21/16 Page 1 of 14
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Andrew D. Skale (SBN 211096)

askale@mintz.com
Ben L. Wagner (SBN 243594)
bwagner@mintz.com
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC
3580 Carmel Mountain Road, Suite 300
San Diego, CA 92130
Telephone: (858) 314-1500
Facsimile: (858) 314-1501
Attorneys for Plaintiff
ZIPBUDS, LLC
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
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Case No. '16CV1857 JAH JLB
ZIPBUDS, LLC.,
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Plaintiff,
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PLAINTIFF ZIPBUDS, LLCS

COMPLAINT FOR:
v.
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1. INFRINGEMENT OF U.S.
PATENT NO. D652,407 S;
2. INFRINGEMENT OF U.S.
PATENT NO. 8,455,758;
3. TRADE DRESS
INFRINGEMENT; UNFAIR
COMPETITION;
4. TRADEMARK
INFRINGEMENT; UNFAIR
COMPETITION;
5. UNFAIR COMPETITION;
6. STATUTORY UNFAIR
COMPETITION; AND
7. DECLARATORY AND
INJUNCTIVE RELIEF
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JURY DEMANDED
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2X MOBILE, INC.,
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Defendant.
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Plaintiff ZIPBUDS, LLC. for its Complaint against Defendant 2X MOBILE,
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INC., alleges and states as follows:
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THE PARTIES
1.
Plaintiff ZIPBUDS, LLC, (Zipbuds or Plaintiff) is a limited liability
company organized and existing under the laws of the State of California with its
principal place of business located at 10225 Barnes Canyon Rd., Suite A106, San
Diego CA 92121.
2.
Defendant 2X MOBILE, INC. (2X or Defendant) is a corporation
organized and existing, on information and belief, under the laws of the State of
Pennsylvania, with its principal place of business at, on information and belief, 475
Riverfront Drive, Reading, PA 19602.
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JURISDICTION AND VENUE
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3.
This is a civil action for patent infringement arising under the Patent
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Laws of the United States, 35 U.S.C. sections 1 etseq. Subject matter jurisdiction is
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therefore proper under 28 U.S.C. sections 1331 and 1338(a). This is also an action
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for trademark and trade dress infringement and unfair competition under the Lanham
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Act and thus jurisdiction is proper under 15 U.S.C. section 1121.
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4.
This Court has personal jurisdiction over 2X because 2X has extensive
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minimum contacts with the State of California such that the exercise of jurisdiction
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does not offend traditional notions of fair play and substantial justice. 2X has
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purposefully availed itself of the benefits of the California forum, and has continued
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selling products infringing Zipbuds patents despite clear notice and knowledge that
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the continued sales would harm the San Diego companys intellectual property rights
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and competing line of products practicing the inventions.
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5.
This Court further has subject matter jurisdiction over the claims and
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causes of action asserted in this complaint pursuant to 28 U.S.C. 1332(a) because
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this dispute is between citizens of complete diversity, including a Pennsylvania
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company with its headquarters in Reading, Pennsylvania, and a California company,
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and the amount in controversy exceeds $75,000, exclusive of interest and costs.
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///
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6.
Venue is proper in this judicial district under 28 U.S.C. sections 1391(b)
and (c) and 1400(b) because a substantial part of the events or omissions giving rise
to the claims occurred in the district; Plaintiff resides in this district; and the
Defendant resides in this district by virtue of being subject to personal jurisdiction in
this judicial district by, among others, its repeated availment and direction of its
activity toward this district, and engaging in acts of infringement in this judicial
district.
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FACTUAL BACKGROUND
7.
Through heavy investment and hard work, Zipbuds designed a unique
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type of headphone that is both useful and highly aesthetically pleasing. The design is
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so aesthetically pleasing and ornamental that Zipbuds pursued and obtained a design
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patent to protect against others who may wish to sell what an ordinary observer
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would view as the same product. A copy of Zipbuds U.S. Design Patent, US
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D652,407, is attached to this Complaint as Exhibit 1 (the 407 Patent).
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8.
The cable organization assembly utilized by Zipbuds in its zipper
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earphones was such a novel invention that Zipbuds was also awarded another patent
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for its invention, U.S. Patent No. 8,455,758 (the 758 Patent). A copy of the 758
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Patent is attached as Exhibit 2.
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9.
In addition, Zipbuds sought to and did create distinct brand awareness by
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use of a trademark, adopting the strong and inherently distinctive trademark
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ZIPBUDS for its highly aesthetic ear phones featuring a zipper. The mark makes
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use of its distinctive subparts a prefix relating to the concept of a zipper, followed
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by a suffix relating to the concept of an ear bud. To protect its trademark and provide
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notice to the public that the trademark was for its exclusive use, Zipbuds sought and
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successfully obtained federal registration of its ZIPBUDS trademark for use in
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connection with audio headphones. A copy of that U.S. Trademark, Reg. No.
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4,115,616, is attached to this Complaint as Exhibit 3. (ZIPBUDS and ZIPBUDS
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Trademark).
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10.
Zipbuds has been marketing and selling its unique ZIPBUDS ear buds
since at least as early as November 9, 2010, and has gained significant market
recognition. Zipbuds products have been very successful, generating over $1 million
in revenue each year from 2011 onward. The colorful, high-quality ear buds have
become known for their quality and superior product design. By 2012, the ZIPBUDS
earphones won Travel & Leisures best personal gadget award. They have been
featured extensively in the media. Zipbuds has been featured on, among others, the
Ellen Show, New York Times and Travel Channel. These products have been
recognized for their innovation, and also their successful refinement of an earphone
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utilizing zipper technology.
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Unfortunately, in the midst of this momentous success, Zipbuds
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discovered that 2X started manufacturing and selling a competing earphone that
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infringes the trade dress, trademark, design patent and utility patent of Zipbuds.
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12.
Defendant has begun sales of its product named Zipper Earphones
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(Accused Product). They have sold their Accused Product in California,
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specifically San Diego. Not only is their product a copy of Zipbuds valuable
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patented design, it is also marketed as the Zipper Earphones with features that are
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virtually indistinguishable from Zipbuds valuable product trade dress, trademark,
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design and utility patents. The Zipper Earphones name is, conveniently, straight from
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the 407 Patent uniquely-coined title: Zippered Earphones. Defendants trademark
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simply replaces Zip with Zipper, and buds with earphones, and putting a
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space between the terms. These superficial changes do not stop consumers from
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facing a likelihood of confusion between the two marks.
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13.
The Accused Product also infringes the design of the 407 Patent, the
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claims of the 758 Patent, and the trade dress of the Zipbuds earphones that utilize
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these valuable patent rights. The 407 and 758 Patents were both issued after review
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of relevant prior art, and found to be novel.
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14.
Zipbuds sent 2X a cease-and-desist letter on May 18, 2016 that informed
2X of its infringement. Zipbuds sought to resolve 2Xs infringement without judicial
intervention, but 2X refused Zipbuds demand.
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15.
A side by side exemplative comparison of one of the Accused Product to
the 758 and 407 Patents is below:
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2X Zipper Earphones
758 Patent
407 Patent
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The Zipper Earphones by 2X copy the key features of the 407 Patents
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design, including two distinct portions of the earbud prior to the malleable portion, a
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zipper that terminates prior to reaching the earbud (in this case, utilizing a piece of
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plastic sheathing the cord), and using a rectangular zipper tab and a zipper with
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rounded upper edges. In addition to these design elements, the color scheme
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associated with the ZIPBUDS past and current trade dress uses overlapping colors,
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including pink, blue, red, orange and purple.
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2X is manufacturing and selling infringing products. 2X is liable for
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infringing offers for sale and sales of its infringing products. 2X has been
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specifically notified of the infringement, and has simply chosen to disregard its
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infringement. Its continued deliberate indifference in continuing to sell the Accused
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Product, both online and at retail locations, makes 2Xs infringement willful.
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Accordingly, facing a manufacturer and seller unwilling to take any
responsibility for selling infringing products, and to protect Zipbuds valuable patents
and trademarks from unlawful exploitation, Zipbuds brings this suit against 2X.
FIRST CLAIM FOR RELIEF
INFRINGEMENT OF U.S. PATENT NO. D652,407 S
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Plaintiff incorporates by reference all other paragraphs contained in this
Complaint.
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On January 17, 2012, United States Patent Number D652,407 entitled
Zippered Earphones, was duly and legally issued to Zipbuds, who has the right to
enforce this patent.
21.
Defendant has sold or exposed for sale articles of manufacture to which
the 407 Patent applies.

22.
Defendant has infringed and continues to infringe the 407 Patent by
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using, selling, offering for sale, importing, and/or actively inducing others to use
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products that infringe one or more of the patented design(s) in the 407 Patent, and is
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thus liable for patent infringement pursuant to 35 U.S.C. 271 and 289 et seq. The
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Accused Product so resembles the 407 Patent, including Claim 1, that in the eye of
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an ordinary observer, giving such attention as a purchaser usually gives, the visual
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appearance of the two designs are substantially the same.
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Defendant is also liable for patent infringement because it actively
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induced retailers to continue selling the Accused Product even after it unequivocally
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knew of the 407 Patent, having received a cease-and-desist letter from Zipbuds and
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its counsel. 2X acted in a manner that encouraged retailers to infringe on the 407
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Patent.
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24.
2X knew that if it did not remove the Accused Product from its online
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store or retailer shelves, the natural and likely consequence was their continued sale.
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2X intended for sales of the Accused Product to continue. 2X knew or should have
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known that those acts would cause retailers to continue infringing the 407 Patent, 2X
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having received a detailed notice of the infringement. 2X further engaged in willful
blindness by.
25.
Defendants infringement of the 407 Patent has caused and continues to
cause damage to Zipbuds in an amount to be determined at trial but exceeding
$75,000.
26.
Defendants infringement of the 407 Patent has caused and will
continue to cause immediate and irreparable harm to Zipbuds for which there is no
adequate remedy at law, unless this Court enjoins and restrains such activities.
27.
Defendant knew of the 407 Patent prior to the filing of this lawsuit.
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Defendants infringement of the 407 Patent was willful and deliberate,
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was objectively reckless due to the high likelihood that its actions constituted
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infringement of a valid patent, and knew or should have known of this objectively-
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defined risk because the risk was so obvious. Thus, Zipbuds is entitled to enhanced
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damages pursuant to 35 U.S.C. 284, and costs incurred prosecuting this action.
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Plaintiff is further entitled to the total profit on the Accused Product
pursuant to, interalia, 35 USC 289.
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SECOND CLAIM FOR RELIEF
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INFRINGEMENT OF U.S. PATENT NO. 8,455,758
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Complaint.
31.
On June 4, 2013, United States Patent Number 8,455,758 entitled Cable
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Organization Assemblies, was duly and legally issued to Zipbuds, who has the right
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to enforce this patent.
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32.
Defendant has infringed and continues to infringe the 758 Patent by
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using, selling, offering for sale, importing, and/or actively inducing others to use
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products that infringe one or more of the claims in the 758 Patent, and is thus liable
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for patent infringement pursuant to 35 U.S.C. 271. This includes the practice by
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Defendant via the Accused Product, which infringes at least Claims 1 and 18 of the
758 Patent.
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Defendant is also liable for patent infringement under 35 U.S.C. 271
because it actively induced retailers to continue selling the Accused Product even
after 2X unequivocally knew of the 758 Patent, having received a cease-and-desist
letter from Zipbuds and its counsel. 2X acted in a manner that encouraged retailers to
infringe on the 758 Patent.
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2X knew that if it did not remove the Accused Product from its online
store or retailer shelves, the natural and likely consequence was their continued sale.
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2X intended for sales of the Accused Product to continue. 2X knew or should have
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known that those acts would cause retailers to continue infringing the 758 Patent, 2X
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having received a detailed notice of the infringement. 2X further engaged in willful
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blindness.
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35.
Defendants infringement of the 758 Patent has caused and continues to
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cause damage to Zipbuds in an amount to be determined at trial but exceeding
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$75,000.
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36.
Defendants infringement of the 758 Patent has caused and will
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continue to cause immediate and irreparable harm to Zipbuds for which there is no
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adequate remedy at law, unless this Court enjoins and restrains such activities.
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37.
Defendant knew of the 758 Patent prior to the filing of this lawsuit.
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Defendants infringement of the 758 Patent was willful and deliberate,
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was objectively reckless due to the high likelihood that its actions constituted
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infringement of a valid patent, and knew or should have known of this objectively-
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defined risk because the risk was so obvious. Thus, Zipbuds is entitled to enhanced
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damages pursuant to 35 U.S.C. 284, and costs incurred prosecuting this action.
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Plaintiff is further entitled to the total profit on the Accused Product
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pursuant to, interalia, 35 USC 289.
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THIRD CLAIM FOR RELIEF
TRADE DRESS INFRINGEMENT; UNFAIR COMPETITION
(15 U.S.C. 1125 et seq. and Common Law)
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Complaint.
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Plaintiff owns the trade dress rights to the trade dress of its ZIPBUDS
products by virtue of its long and continuous use which has come to associate the
trade dress with itself in the minds of the relevant consuming public.
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Defendant has committed proscribed acts of unfair competition.
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43.
Defendant has sold and offered for sale counterfeit goods, as alleged
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above, falsely designating their origin. This includes trade dress infringement of
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ZIPBUDS, as alleged above.
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On information and belief, Defendants unfair competition was knowing
and willful.
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Defendants uses are likely to cause confusion and mistake with the
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public and deceive them into believing that there is an affiliation, connection and
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association between Defendant and Zipbuds.
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46.
As a direct and proximate result of Defendants wrongful acts, Zipbuds
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has suffered and continues to suffer substantial pecuniary losses and irreparable
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injury to its business reputation and goodwill. As such, Zipbuds remedy at law is
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not adequate to compensate for injuries inflicted by Defendant. Accordingly,
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Zipbuds is entitled to temporary, preliminary and permanent injunctive relief.
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By reason of such wrongful acts, Zipbuds is and was, and will be in the
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future, deprived of, among others, the profits and benefits of business relationships,
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agreements, and transactions with various existing clients and/or prospective clients
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and customers. Defendant has wrongfully obtained said profits and benefits.
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Zipbuds is entitled to compensatory damages and disgorgement of Defendants said
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profits, in an amount to be proven at trial, along with other just damages.

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FOURTH CLAIM FOR RELIEF
TRADEMARK INFRINGEMENT; UNFAIR COMPETITION
(15 U.S.C. 1114)
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Complaint.
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Plaintiff owns the ZIPBUDS trademark for use in connection with
audio headphones.
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The ZIPBUDS trademark is federally-registered as U.S. Trademark,
Reg. No. 4,115,616.
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51.
On information and belief, X2 had actual knowledge of Zipbuds
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ownership and use of the ZIPBUDS trademark prior to its use of the Zipper
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Earphones mark for the Accused Product, and prior to its May 29, 2015 application
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for registration of the mark with the USPTO (said U.S. App. Serial No. 86/645,040 is
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currently suspended, the Zipper Earphone Application).
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52.
The marks share a number of similarities, including without limit:
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a. The ZIPBUDS trademark uses ZIP as the dominant element.
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b. Zip is the dominant element of X2s Zipper Earphones product.
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c. Earphones is a variant of the root word buds.
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d. ZIPBUDS and Zipper Earphones are targeted to the same set of
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consumers.
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53.
X2s use of the Zipper Earphones title for the Accused Product is
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highly likely to confuse or deceive consumers into believing that the Accused Product
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originated with Zipbuds, is affiliated, connected, or associated with Zipbuds, is
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sponsored, endorsed, or approved by Zipbuds, or is in some other manner related to
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Zipbuds.
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54.
X2s actions demonstrate an intentional, willful, and malicious intent to
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trade on the goodwill associated with Zipbuds federally-registered trademark.
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55.
X2s intentional, willful, and malicious infringement of Zipbuds
federally-registered trademark has caused Zipbuds to suffer substantial and
irreparable injury.
56.
Zipbuds is entitled to injunctive relief for the irreparable harm caused by
this infringement, and to recover X2s profits, Zipbuds actual damages, statutory
damages, enhanced profits and damages, costs, and attorneys fees, along with other
damages.
FIFTH CLAIM FOR RELIEF
UNFAIR COMPETITION
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(California Common Law)
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Complaint.
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58.
Plaintiff has the exclusive right to use the ZIPBUDS trade dress by
virtue of its extensive and continuous use.
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Defendant has committed unlawful acts of unfair competition, as alleged
above.
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and customers. Defendant has wrongfully obtained said profits and benefits.
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Zipbuds is entitled to compensatory damages and disgorgement of Defendants said
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profits, in an amount to be proven at trial, along with other just damages.
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62.
Such acts, as alleged above, were done with malice, oppression and/or
fraud, thus entitling Zipbuds to exemplary and punitive damages.
SIXTH CLAIM FOR RELIEF
STATUTORY UNFAIR COMPETITION
(Cal. Bus. & Prof. Code 17200 et seq.)
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Complaint.
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Defendant has committed proscribed acts of unfair competition,
including unlawful and unfair business practices, as alleged above.
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and customers. As a result, Zipbuds is entitled to restitutionary relief in an amount to
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be determined upon proof at the time of trial.
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SEVENTH CLAIM FOR RELIEF
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DECLARATORY AND INJUNCTIVE RELIEF
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(Zipper Earphones Application)
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Complaint.
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68.
An actual case or controversy exists in that Defendant has pending with
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the USPTO the Zipper Earphone Application (Ser. No. 86/645,040), and as alleged
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above, this trademark infringes upon Plaintiffs registered mark.
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69.
Plaintiff requires relief in the form of an order and judgment declaring
that Plaintiff is the rightful owner of the confusingly similar Zipper Earphones, and
that the Zipper Earphones application be either cancelled and/or transferred to
Plaintiff in protection of its own registered Zipbuds mark.
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The remedies at law are inadequate and irreparable harm will inure
without equitable injunctive relief. The Court should enter an injunction requiring
the transfer of all rights and interests in Ser. No. 86/645,040 (and any registration it
matures into) to Plaintiff. This includes pursuant to 15 U.S.C. 1116(a) and 1119.
PRAYER
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WHEREFORE, Plaintiff demands the following relief:
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1.
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counts;
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A judgment in favor of Plaintiff Zipbuds and against Defendant on all
2.
A preliminary and permanent injunction from design patent, trade dress
infringement, trademark infringement and unfair business practices by Defendant;
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3.
Damages in an amount to be determined at trial, including Defendants
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unjust enrichment, Defendants profits, and lost sales, with such damages enhanced
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and/or trebled for willful infringement;
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5.
Statutory damages;
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6.
For infringement of Zipbuds design patent, Defendants total profits
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under 35 U.S.C. 289;
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7.
Exemplary and punitive damages;
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8.
Pre-judgment interest at the legally allowable rate on all amounts owed;
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9.
Costs, expenses and fees under, among others, 15 U.S.C. 1117(a)-(b);
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10.
Restitution;
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An order finding that Defendants infringement of the patents-in-suit has
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been willful and trebling the damages awarded to Plaintiff, as provided by 35 U.S.C.
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284;
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Attorneys fees under, among others, 15 U.S.C. 1117(a) as an
exceptional case and 1117(b) for willful use of a counterfeit mark;
13.
A declaration that this is an exceptional case and awarding Plaintiff its
attorneys fees incurred in prosecuting this action, as provided by 35 U.S.C. 285;
and
14.
An order declaring the parties respective interests in the Zipper
Earphones Application (Ser. No. 86/645,040, and any registration that issues
thereon), and requiring its transfer (and/or cancellation) to Plaintiff, including under
15 U.S.C. 1116(a) and 1119.
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15.
Such other and further relief as this Court may deem just and proper.
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DEMAND FOR JURY

Zipbuds demands trial by jury on all issues triable as a matter of right at law.
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Dated: July 21, 2016
MINTZ LEVIN COHN FERRIS GLOVSKY &

POPEO
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By: s/Andrew D. Skale

Andrew D. Skale, Esq.
Ben L. Wagner, Esq.
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49863196v.1
A ttorneys forP laintiff,

ZIP B UD S ,L L C .
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JS 44 (Rev. 11/15)
Case 3:16-cv-01857-JAH-JLB
DocumentSHEET
1-1 Filed 07/21/16 Page 1 of 2
CIVIL COVER
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
ZIPBUDS, LLC.
DEFENDANTS
2X MOBILE, INC.
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY)

NOTE:
INLAND CONDEMNATION CASES, USE THE LOCATION OF

THE TRACT OF LAND INVOLVED.
Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)
'16CV1857 JAH JLB
Andrew D. Skale (SBN 211096)/Ben L. Wagner (SBN 243594)
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC
3580 Carmel Mountain Road, Suite 300
San Diego, CA 92130 (858) 314-1500
II. BASIS OF JURISDICTION (Place an X in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
1 U.S. Government
Plaintiff
3 Federal Question
(U.S. Government Not a Party)
2 U.S. Government
Defendant
4 Diversity
(Indicate Citizenship of Parties in Item III)
(For Diversity Cases Only)

PTF
Citizen of This State
1
Citizen of Another State
Citizen or Subject of a
Foreign Country
and One Box for Defendant)
DEF
PTF
DEF
1 Incorporated or Principal Place
2 Incorporated and Principal Place

of Business In Another State
3 Foreign Nation
of Business In This State
IV. NATURE OF SUIT (Place an X
in One Box Only)

TORTS
PERSONAL INJURY
PERSONAL INJURY
CONTRACT
110 Insurance
310 Airplane
120 Marine
365 Personal Injury Product Liability
315 Airplane Product

Liability
130 Miller Act

140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
320 Assault, Libel &

Slander
330 Federal Employers
Liability
340 Marine
153 Recovery of Overpayment

of Veterans Benefits
160 StockholdersSuits
190 Other Contract
195 Contract Product Liability
196 Franchise
345 Marine Product

Liability
REAL PROPERTY
210 Land Condemnation
371 Truth in Lending
355 Motor Vehicle

Product Liability
380 Other Personal

Property Damage
360 Other Personal

Injury
385 Property Damage

Product Liability
441 Voting
230 Rent Lease & Ejectment
442 Employment
240 Torts to Land
443 Housing/
Accommodations
290 All Other Real Property
445 Amer. w/DisabilitiesEmployment

446 Amer. w/DisabilitiesOther
448 Education
690 Other
BANKRUPTCY
OTHER STATUTES
422 Appeal 28 USC 158
375 False Claims Act
423 Withdrawal
28 USC 157
376 Qui Tam (31 USC

3729(a))
400 State Reapportionment
PROPERTY RIGHTS
410 Antitrust
820 Copyrights
430 Banks and Banking
830 Patent
450 Commerce
840 Trademark
SOCIAL SECURITY
LABOR
710 Fair Labor Standards
Act
861 HIA (1395ff)
720 Labor/Management
Relations
863 DIWC/DIWW (405(g))
740 Railway Labor Act

751 Family and Medical
Leave Act
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
862 Black Lung (923)
480 Consumer Credit

490 Cable/Sat TV
864 SSID Title XVI
850 Securities/Commodities/
Exchange
865 RSI (405(g))
890 Other Statutory Actions
790 Other Labor Litigation

PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
220 Foreclosure
245 Tort Product Liability
368 Asbestos Personal

Injury Product
Liability
PERSONAL PROPERTY
350 Motor Vehicle
440 Other Civil Rights
625 Drug Related Seizure

of Property 21 USC 881
367 Health Care/

Pharmaceutical
Personal Injury
Product Liability
370 Other Fraud
362 Personal Injury Medical Malpractice

CIVIL RIGHTS
FORFEITURE/PENALTY
791 Employee Retirement

Income Security Act
IMMIGRATION
510 Motions to Vacate

Sentence
462 Naturalization Application
530 General
465 Other Immigration

Actions
535 Death Penalty

Other:
891 Agricultural Acts

893 Environmental Matters
FEDERAL TAX SUITS
895 Freedom of Information

Act
870 Taxes (U.S. Plaintiff

or Defendant)
896 Arbitration
871 IRS-Third Party

26 USC 7609
899 Administrative Procedure

Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
540 Mandamus & Other

550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
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Reopened
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JS 44 Reverse (Rev. 11/15)
Case 3:16-cv-01857-JAH-JLB Document 1-1 Filed 07/21/16 Page 2 of 2
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The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
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I.(a)
(b)
(c)
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Exhibit 1
Exhibit 1

111111
(12)
(54)
1111111111111111111111111111111111111111111
USOOD652407S
United States Design Patent
(10)
Groset et al.
(45)
Inventors: Erik Groset, Carlsbad, CA (US); Justin

Liu, San Diego, CA (US); Michael
Klasco, Riclnnond, CA (US); Robin
DeFay, Poway, CA (US)
(73)
Assignee: Zipbuds, LLC, San Diego, CA (US)
(**)
Term:
(21)
Appl. No.: 29/397,922
(22)
Filed:
14 Years
1509062 Al
2/2005
(Continued)
Primary Examiner - Paula Greene
(74) Attorney, Agent, or Firm - Mintz Levin Cohn Ferris
Glovsky and Popeo, P.c.
DESCRIPTION
Jul. 22, 2011
(63)
Continuation of application No. 12/941,943, filed on

Nov. 8, 2010.
(51)
(52)
(58)
LOC (9) CI. .................................................. 14-01

U.S. CI. ...................................................... D141205
Field of Classification Search ................. DI4/205,
D14/206, 223,167,168, 192; 379/430; 3811380,
3811381,374,383,370,385; 1811135, 137;
D2/607; 24/381,383; 455/90.3, 569.1
See application file for complete search history.
References Cited
U.S. PATENT DOCUMENTS
2,896,217
D231,613
4,160,306
D270,634
D469,753
D546,321
D569,841
D578,507
7,450,014
D589,491
** Jan.17,2012
(57)
CLAIM
The ornamental design for zippered earphones, as shown and
described.
Related U.S. Application Data
(56)
US D652,407 S
FOREIGN PATENT DOCUMENTS
ZIPPERED EARPHONES
EP
(75)
Patent No.:
Date of Patent:
11111111111
A * 711959 Cedar staff ........................ 2/150

S * 511974 Sarber .......................... D14/206
A * 711979 Pizzoccaro ..................... 24/381
S * 911983 Ungar .......................... D14/205
S * 2/2003 Andre et al. ................. D14/205
S * 7/2007 Kim ............................. D14/223
S * 5/2008 Chung et al. ................. D14/205
S * 10/2008 Ando ........................... D14/205
B2 * 1112008 Farhadian .................. 340/573.1
S * 3/2009 Andre et al. ................. D14/205
FIG. 1 is a front view of the zippered earphones showing our

new design;
FIG. 2 is a top view of the zippered earphones;
FIG. 3 is a bottom view of the zippered earphones;
FIG. 4 is an exploded front view thereof;
FIG. 5 is an exploded rear view thereof;
FIG. 6 is an exploded side view thereof, the opposite side is a
mirror image;
FIG. 7 is an enlarged front view of the earphone shown
separately for purposes of illustration therof, the other earphone is a mirror image;
FIG. 8 is an enlarged side view of the earphone thereof, the
other earphone is a mirror image;
FIG. 9 is an enlarged side view of the earphone thereof, the
FIG. 10 is an enlarged top view of the earphone thereof, the
FIG. 11 is an enlarged bottom view of the earphone thereof,
the other earphone is a mirror image;
FIG. 12 is an enlarged front view of the zipper in a closed
position shown separately for purposes of illustration;
FIG. 13 an enlarged side view thereof;
FIG. 14 is an enlarged perspective view of the zipper and pull
in an open position thereof.
FIG. 15 is an enlarged perspective view thereof; and,
FIG. 16 is a perspective view of the zippered earphones.
(Continued)
1 Claim, 9 Drawing Sheets
EXHIBIT 1

US D652,407 S
Page 2
u.s. PATENT DOCUMENTS

D591,264
D596,690
D598,010
D599,778
D605,628
D607,875
D614,168
D637,756
S
S
S
S
S
S
S
S
*
*
*
*
*
*
*
*
4/2009
7/2009
8/2009
912009
1212009
112010
4/2010
5/2011
Hong et al . ..................
Bennett ........................
Matsuda et al. .............
Ando ...........................
Ando ...........................
Pedersen, II .................
Rogers et al. ................
Okano et al. .................
D14/205
021/791
D14/223
D14/205
D14/205
D14/206
D14/206
026/135
D637,999
D643,414
2005/0069147
201110162883
S
S
Al
Al
*
*
5/2011
8/2011
3/2005
7/2011
Brunner et al. .............. D14/205

Lee et al. ..................... D14/223
Pedersen
Groset et al.

JP
WO
2004056636 A
2009030578 Al
* cited by examiner
EXHIBIT 1
212004
3/2009
u.s. Patent
Jao.17,2012
Sheet 1 of9
Fig. 2
Fig. 1
Fig. 3
EXHIBIT 1
US D652,407 S
u.s. Patent
Sheet 2 of9
Jao.17,2012
Fig. 4
EXHIBIT 1
US D652,407 S
u.s. Patent
Jan. 17,2012
Sheet 3 of9
Fig. 5
EXHIBIT 1
US D652,407 S
u.s. Patent
Jao.17,2012
Sheet 4 of9
Fig. 6
EXHIBIT 1
US D652,407 S
u.s. Patent
Jao.17,2012
Sheet 5 of9
US D652,407 S
Fig. 7
Fig. 8
EXHIBIT 1
u.s. Patent
Jao.17,2012
Sheet 6 of9
US D652,407 S
I I
I I I
Fig. 10
Fig. 9
Fig. 11
EXHIBIT 1
u.s. Patent
Jan. 17, 2012
Sheet 7 of 9
Fig. 13
Fig. 12
Fig. 14
EXHIBIT 1
US D652,407 S
u.s. Patent
Jao.17,2012
Sheet 8 of9
US D652,407 S
.0'>
u:
EXHIBIT 1
u.s. Patent
Jao.17,2012
Sheet 9 of9
Fig. 16
EXHIBIT 1
US D652,407 S
Exhibit 2
Exhibit 2

111111
(12)
(54)
(75)
(73)
(*)
United States Patent
(10)
Groset et al.
(45)
Inventors: Erik Groset, Carlsbad, CA (US); Justin

Liu, San Diego, CA (US); Michael
Klasco, Richmond, CA (US); Robin
DeFay, Poway, CA (US)
Assignee: Zipbuds, LLC, San Diego, CA (US)
Notice:
Subject to any disclaimer, the term of this

patent is extended or adjusted under 35
U.S.c. 154(b) by 138 days.
Appl. No.: 12/941,943
(22)
Filed:
S
S
A
A
S
A
A
CN
CN
Spilman et al.
Falkenberg et al.
Lee et al.
Brinkhoff et al.
Hutchinson et al.
Itagaki et al.
Sarber
Crenna
Pizzoccaro
Ungar
Karnimura
Bertagna et aI.
(Continued)
OTHER PUBLICATIONS
Jul. 7, 2011
"Zip up your headphones", retrieved from the Internet on Mar. 20,

2012, <http://old.thepostfarnily.comlcornmunity_postsl 567 -zip-upyour-headphones>.
Related U.S. Application Data

(60)
Provisional application No. 611292,981, filed on Jan.

7,2010.
(51)
Int. Cl.
HOlB 11106
(2006.01)
U.S. Cl.
USPC ...................................... 174/36; 174/DIG. 11
Field of Classification Search
USPC ............... 1741110 R, 115, 116, 117 R, 117 F,
1741117 FF, 114 S, 112,36
See application file for complete search history.
(Continued)
Primary Examiner - William H Mayo, III

(74) Attorney, Agent, or Firm - Mintz Levin Cohn Ferris
Glovsky and Popeo, P.c.
(57)
U.S. PATENT DOCUMENTS

* 311943 Gavitt
* 211952 Stachura .
711959 Cedar staff
2,313,234 A
2,585,054 A
2,896,217 A
ABSTRACT
Preferred assemblies are directed to a cable assembly that

includes a first electrical wire and a second electrical wire;
with a thermo-resistant material that is molded around the
wires. Zipper teeth are molded to the thermo-resistant material of both of the wires. The zipper teeth on the first wire are
releasably attached to the zipper teeth on the second wire, and
at least one reinforcing fiber is encapsulated with one of the
wIres.
References Cited
(56)
2/1966
9/1966
4/1969
7/1969
4/1970
9/1973
5/1974
5/1974
7/1979
9/1983
10/1983
5/1986

201528413 U
7/2010
2022261737 U
5/2012
Prior Publication Data

US 201110162883 Al
(58)
S
A
A
A
A
(Continued)
Nov. 8, 2010
(65)
Patent No.:
US 8,455,758 B2
Date of Patent:
Jun. 4,2013
0203,677
3,272,926
3,441,951
3,454,964
3,505,684
0228,352
0231,613
3,810,525
4,160,306
0270,634
4,409,442
4,588,868
CABLE ORGANIZATION ASSEMBLIES
(21)
(52)
1111111111111111111111111111111111111111111111111111111111111
USOO8455758B2
174/120 SR
174/36
19 Claims, 14 Drawing Sheets
20b
100~
908
900
904
902
906
908
90
EXHIBIT 2

US 8,455,758 B2
Page 2
u.s. PATENT DOCUMENTS

4,802,638
D301,145
4,829,571
D328,461
D337,115
5,357,049
D353,817
D353,818
5,391,838
5,406,037
5,406,837
5,449,026
D391,573
5,757,929
5,861,579
5,906,507
5,949,026
5,958,315
6,006,115
D420,356
D430,140
D431,550
6,137,675
6,324,053
6,374,126
6,480,611
6,507,486
D469,753
D476,639
D491,163
6,826,782
6,909,050
6,946,047
D514,087
7,077,693
7,174,196
D538,261
D541,255
D546,321
D549,688
D549,847
7,256,347
D569,841
D573,581
D573,851
D578,507
D581,394
7,450,014
D585,871
D585,872
D588,098
D589,491
7,498,510
A
S
A
S
S
A *
S
S
A *
A
A
A *
S
A *
A *
A
A
A
A
S
S
S
A *
Bl *
Bl
B2
B2 *
S
S
S
B2
Bl *
B2
S
Bl
B2
S
S
S
S
S
B2
S
S
S
S
S
B2
S
S
S
S
B2 *
211989
511989
511989
811992
711993
1011994
1211994
1211994
211995
411995
411995
911995
311998
511998
111999
511999
911999
911999
1211999
212000
8/2000
10/2000
10/2000
1112001
4/2002
1112002
112003
212003
7/2003
6/2004
1212004
612005
912005
112006
7/2006
212007
3/2007
4/2007
7/2007
8/2007
8/2007
8/2007
5/2008
7/2008
7/2008
1012008
1112008
1112008
212009
212009
3/2009
3/2009
3/2009
Burger et al.
Besasie et al.
Kakiuchi et al.
Daido et al.
Yamazaki et al.
174/36
Plununer, III .
Wada
Nakamura
174/36
Plununer, III .
Nageno et al.
Britt
Lee
139/383 A
Nakamura
Wang et al .................... 3811300
174/136
Bickersteth et al.
Howard
DeFiorio
Fatato et al.
Wingate
Suzuki
Roman
Yoneda
Perkins .................... 3611679.03
Kamijo .................... 3611679.03
MacDonald, Jr. et al.
Hashimoto et al.
Peterson, III ............ 3611679.03
Andre et al.
Bergeron et al.
Green
Jordan
174111 0 R
Bradford .
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Wilson et al.
Symons
Matsuda
Taylor et al.
Taylor et al.
Kim
Suzuki
Sutton
Gustavsson
Chung et al.
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Huynh
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Farhadian
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Andre et al.
Chen et al.
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D591,264 S
4/2009 Hong et al.
D594,847 S
6/2009 Suzuki
D596,690 S
7/2009 Bennett
8/2009 Matsuda et al.
D598,0 10 S
912009 Ando
D599,778 S
D603,370 S
1112009 Suzuki
D605,628 S
1212009 Ando
112010 Pedersen, II
D607,875 S
D614,168 S
4/2010 Rogers et al.
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D637,999 S
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912012 Scifo et al.
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EP
JP
JP
JP
JP
JP
WO
WO
1509062
07-115022
2004056636
2004-211225
2006-527934
3132983
WO 2004/112359
WO-2009030578
Al
A
A
A
A
U
Al
212005
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212004
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1212006
612007
1212004
312009
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<http://www.yankodesign.coml2009/04/22/zip-up20,
2012,
tangles/>.
.
"Yi Sound Concept Brings the Hot Jean-Crotch Aesthetic to
Earbuds", retrieved from the Internet on Jul. 5, 2012, <http://
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International Search Report and Written Opinion dated Mar. 28,
2012, for corresponding PCT Application No. PCT/uS20 1110 5963 7.
Notice of Reasons for Rejection dated Nov. 2, 2012, for Japanese
Patent Application No. 2011-241549.
* cited by examiner
EXHIBIT 2
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90
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Jun. 4, 2013
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US 8,455,758 B2
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120b
130
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140b
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EXHIBIT 2

US 8,455,758 B2
1
CABLE ORGANIZATION ASSEMBLIES
thermo-resistant material; and (b) affixing means for releasable attachment on the outer layers of the first and second
wires, such that the outer layers canreleasably attach with one
another.
CROSS-REFERENCE TO RELATED
APPLICATIONS
BRIEF DESCRIPTION OF THE DRAWINGS
This application claims priority to pending Provisional

Application No. 611292,981 "Cable Organization Assemblies" to Groset, filed Jan. 7, 2010, which is expressly incorporated by reference herein in its entirety.
10
FIELD OF THE INVENTION

The embodiments herein relate to assemblies that are configured to prevent cables from becoming entangled with each
other. More specific embodiments relate to two or more
cables that are configured to be releasably coupled to one
another. Embodiments herein can be used to prevent
entanglement of audio wires, such as headphone wires and
stereo speaker wires, in addition to other suitable cables.
15
20
BACKGROUND
Multiple electronic devices are designed to be used with a
plurality of connecting wires and cables. Common examples
include audio or video players that have a headphone jack, or
have ports for speaker wires. A common problem for users is
that these cables often become entangled with each other. For
example, left and right headphone wires readily become
intertwined and knotted, especially in ear bud style headphones. Additionally, stereo speaker wires usually are configured in pairs and can also become entangled with themselves or other wires.
There have been prior attempts to resolve this issue. European Patent Application 1509062 Al to Fung (hereinafter
"Fung") discloses a sliding mechanism that is integrated
directly into the cables, see FIGS. 2a-2c and Paragraph
[0006]. More specifically Fung is directed to engagement
means that can be molded together with the insulation layer of
the cords. In practice this strategy is limiting in that it makes
it difficult to incorporate different styles, types, and colors of
releasable fasteners. While mentioning the incorporation of
zipper like arrangements on the two cords, Fung is silent as to
how to do this in an advantageous way. The practical implementation of zippered cables assemblies involves overcoming many manufacturing problems, none of which are
addressed by Fung. For example, the manufacture of zippered
cables involves elevated temperature and stress during fabrication. Accordingly, there is a need for improved cable management systems and methods of making the same. Materials
and fabrication techniques are disclosed herein to overcome
these problems.
It is thus one embodiment herein to provide cable assemblies that include means for preventing entanglement and
easily allow the incorporation of a zipper or other releasable
connection means to the cables.
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It will be appreciated that the drawings are not necessarily

to scale, with emphasis instead being placed on illustrating
the various aspects and features of embodiments of the invention, in which:
FIG. 1 is a perspective view of a first zipper earphone cable
assembly.
FIG. 2 is a cross-section view of two cables in a first zipper
earphone cable assembly.
FIG.3 is perspective view showing a zipper earphone cable
assembly in use.
FIG. 4 is a perspective view of a second alternative zipper
FIG. 5 is a close-up view of a second alternative zipper
FIG. 6a is a closed cable assembly that can open to twice its
compressed length.
FIG. 6b is an opened cable assembly that is expanded to
two times the length of its closed configuration.
FIG. 7a is a closed cable assembly that can open to three
times its length.
FIG. 7b is a partially opened cable assembly
FIG. 7c is a fully opened cable assembly that is expanded
to three times the length of its closed configuration.
FIG. S is a perspective view of an earphone cable assembly
that utilizes magnets as a releasable fastener.
FIG. 9 is a perspective view of a third zipper earphone cable
assembly.
FIG. 10 is a preferred ear bud of the zipper earphone cable
assemblies.
FIG. 11 is a close up view of a third zipper earphone cable
assembly.
FIG. 12 is a topside view of two earphone cables being
placed in a mold.
FIG. 13 is a topside view of a zipper teeth being injected
molded onto the two cables and excess molding.
FIG. 14 is a topside view of the excess molding being cut
away from the zipper teeth.
FIG. 15 is a topside view showing the zipper teeth being
rotated 180 degrees.
FI G. 16 is a topside view showing the zipper teeth zippered
together.
FIG. 17 is a perspective view of multiple zipper teeth unit
having been injection molded onto the same two cables.
FIG. IS shows a zipper bottom being placed below a zipper
unit.
FIG. 19 is a cross-sectional view of cable in a third zipper
SUMMARY
According to preferred embodiments, the teachings herein
are directed to cable assemblies comprising a first and second
wire individually encapsulated in an outer layer comprising a
thermo-resistant material, wherein the first and second outer
layers each comprise means for releasably attaching with
each other.
Further embodiments are directed to methods of making
cable assemblies comprising: (a) providing a first and second
wire individually encapsulated in an outer layer comprising a
DETAILED DESCRIPTION OF THE

ILLUSTRATED EMBODIMENTS
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Embodiments of the present invention are described below

with reference to the above described Figures. It is, however,
expressly noted that the present invention is not limited to the
embodiments depicted in the Figures, but rather the intention
is that modifications that are apparent to the person skilled in
the art and equivalents thereof are also included. In general
embodiments the assemblies herein include at least two
EXHIBIT 2

US 8,455,758 B2
cables (SOa, SOb) that are capable of releasable attachment.

Further embodiments can also manage 3, 4,5,6,7,8,9,10 or
more cables.
Earphone Cable Assemblies
FIGS. 1-2 depict a first preferred zipper earphone cable
assembly 100 comprising first and second cables SOa and SOb
that include means for releasable attachment with one
another. Each cable SOa and SOb can be operably coupled to
an earphone lOa and lOb at a first end and a headphone jack
90 suitable for connection to an audio playing device at the
other. The head phone jack can be any suitable jack including
a 6.35 mmjack, 3.5 mmminiaturejack, or a 2.5 mm subminiature jack, for example.
More specifically, the two cables SOa and SOb each can
include an outer layer or over-mold 60a and 60b that is made
of rubber or other flexible material which can be incorporated
using any suitable method including cast or injection molding, for example. The over-mold 60a and 60b makes it simpler for manufacturing the assemblies herein as it can easily
encapsulate the wires. Other suitable flexible materials for the
over-mold can include fabric, plastic, and foam. As shown in
cross-sectional view of FIG. 2, the outer layering 60a and 60b
can be layered over the headphone wire BOa and BOb and
the headphone wire casing 120a and 120b. The headphone
wires BOa and 130b operably couple a jack 90 to the earphones lOa and lOb such that audio can be transmitted. A
majority, but not the entire length of the cables SOa and SOb
can include means for releasable attachment together, such as
a zipper. As depicted in FIG. 1, the cables SOa and SOb are
coupled to inward facing complementary zipper teeth 40a
and 40b that allow the cables SOa and SOb to be zipped
together and unzipped using a zipper tab 50 or other means for
sliding. Alternatively a ZIPLOC style or other similar closure can be used.
According to certain embodiments, such as when a zipper
is utilized, it is preferred that the means for releasable attachment do not traverse the entire length of the cables SOa and
SOb as measured from the stop 70 or jack 90 to the earphones
lOa and lOb. Partial traversal prevents the zipper teeth 40a
and 40b from painfully contacting or pinching the user's face
or neck. To prevent this hazard, the assembly 100 can include
a non-teethed section 20a and 20b. Alternatively, the overmold can simply end before the earphones lOa and lOb (such
as at sections 30a and 30b) and the headphone wire casing
120a and 120b can simply be exposed for a portion of their
length.
In optional embodiments, the outer layer 60a and 60b can
include ribs HOa and HOb. Ribs HOa and HOb which provide protrusions and recessions along the length of the outer
molding 60a and 60b can be used to achieve better flexibility
and weight reduction. In general, the ribbing HOa and HOb
removes material which reduces weight from the overrnold
60a and 60b and allows for better manipulation of the assembly 100.
The cables SOa and SOb can include non-ribbed sections
without means for releasable connection (e.g., zippers) 20a
and 20b and ribbed sections 30a and 30b that lack means for
releasable attachment, depending on the specific design
goals. According to further embodiments the material that
constitutes the outer layer 60a and 60b can be used for nonteethed sections 20a and 20b and the stop 70.
The bottom end of the zipper can include a means for
stopping the zipper so the cables SOa and SOb do not become
completely disengaged. As shown in FIG. 1, molded material
that is the same as thatof60a and 60b can be used as a stop 70,
and can be tapered downward towards the plug 90, or be in

another suitable configuration. Other suitable stops are
readily contemplated herein.
FIG. 2 depicts a cross-sectional view the zipper assembly
100 shown in FIG. 1. As shown both the headphone wires
BOa and 130b and their casings 120a and 120b can be encapsulated by the over-mold material 60a and 60b. According to
certain embodiments, such as when a zipper is used, flexible
zipper backing material 140a and 140b can be wrapped
around the headphone wire casings 120a and 120b and also be
encapsulated by the over-mold material 60a and 60b. The
zipper backing material 140a and 140b can be made of any
suitable, flexible material such as fabric, including AQUAGUARD manufactured by YKK. Encapsulating the wires
BOa and BOb, their casings 120a and 120b, and the zipper
backing material 40a and 40b in the over-mold material 60a
and 60b in a single process efficiently minimizes manufacturing steps.
For manufacturing the assembly 100 a mold can be configured to encapsulate the headphone wires 13 Oa and 13 Ob up
to the earphones lOa and lOb if desired. Alternatively, the
mold can be configured such that the over-mold ends before
the earphones lOa and lOb and the headphone wire casing
120a and 120b can simply be exposed for a portion of their
length. The zipper backing material 140a and 140b can then
be wrapped around the headphone wire casings 120a and
120b and placed into the mold. Rubber, or other suitable
materials can be added to the mold and allowed to harden to
form the final assembly.
As the releasable attachment means described herein add
additional weight to headphone wires 20a and 20b by themselves, further embodiments include the use of means to
prevent the earphones lOa and lOb from falling downward
quickly when taken out of a user's ears. Complementary
oppositely charged magnets 210a and 210b, or other means
for releasable attachment can be used either on or near the
earphones lOa and lOb, such as in the non-teethed region 20a
and 20b, for example. As shown in FIG. 3, when a user
removes the earphones lOa and lOb from their ears they can
connect the earphones lOa and lOb (or cables SOa and SOb)
together behind their neck using the magnets 210a and 210b
or means for releasable attachment, such as a clips, snaps,
hook and loop fasteners, and the like. An ear hook or similar
device can also be provided with the different embodiments
herein to assure stability of the earphone in conditions such as
sports activities.
FIGS. 4 and 5 show a second alternative zipper earphone
cable assembly 300. This particular design differs from the
first zippered earphone assembly 100 described above in that
the over-mold material 60a and 60b only partially covers the
first and second earphone wires 320a and 320b. Features
between the previously described assembly and the alternative assembly 300 can readily be interchanged as desired
however. A first and second earphone wire 320a and 320b are
partially molded into an over-mold material 60a and 60b.
Each cable SOa and SOb includes zipper teeth 40a and 40b or
other suitable means for releasable attachment with each
other. A zipper tab or slider 50 or other means for opening and
closing the means for releasable attachment is also provided.
Each cable SOa and SOb optionally includes ribs HOa and
HOb to allow for more flexible movement and reduced
weight. Additionally two troughs 200a and 200b can traverse
parallel or substantially so to the means for releasable attachment (e.g., zipper 40a and 40b). In addition to a zipper other
suitable means for attachment can include small magnets, or
a ZIPLOC style closure, for example. Certain embodiments
expressly exclude the use of rough hook and loop fasteners
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such as VELCRO with the assemblies provided herein as

they can be abrasive on a user's skin. The mold for making the
assembly 300 depicted in FIGS. 5 and 6 could be configured
to not cover the entire length of the earphone wires 320a and
320b, but can have the same or similar cross-section shown in
FIG. 2. Accordingly, methods of making the assembly discussed in FIGS. 1 and 2 can be applied to this particular
embodiment as well.
A third embodiment of a zipper earphone cable assembly
700 is shown in FIGS. 9-11. In contrast to the first 100 and
second 300 zipper cable assembly embodiments, this
embodiment expressly does not have an over-mold 60a and
60b in its finished form. In contrast, complementary zipper
teeth 40a and 40b, configured to operably zip together and
apart with a slider 50, are positioned directly onto the cables
SOa and SOb as shown in FIG. 11. Similar to the above
embodiments, the third embodiment of a zipper earphone
cable assembly 700 includes two headphones such as ear buds
lOa and lOb operably coupled to a lower jack 90.
FIG. 10 depicts a preferred ear bud lOa. According to
specific embodiments, the ear bud lOa can include a diaphragm 11a made of a thin material and coupled to an angled
extension 13a configured to fit within a user's ear and transmit sound therein. The extensions 13a and 13b are preferably
angled towards the user's ears during wear and are advantageous in that they help prevent the buds lOa and lOb from
falling out of the user's ear due to the extra weight the zipper
teeth 40a and 40b and slider 50 add to the cables SOa and SOb
compared to conventional headphones. Complementary
oppositely charged magnets 210a and 210b, or other means
for releasable attachment can be used either on or near the
earphones lOa and lOb. As shown in FIG. 3, when a user
removes the earphones lOa and lOb from their ears they can
connect the earphones lOa and lOb (or cables SOa and SOb)
together behind their neck using the magnets 210a and 210b
or means for releasable attachment, such as a clips, snaps,
hook and loop fasteners, and the like. In addition to the
preferred ear buds lOa and lOb provided herein, other suitable
ear phones, including conventional ear buds can be used with
the teachings herein according to non-preferred embodiments.
The assemblies herein, including the third earphone zipper
embodiment 700 can optionally include a volume control
1000 positioned on the first cable SOa above the zipper teeth
40a. The volume control 1000 is operably coupled to the
internal wiring of the cable SOa and includes an external
control mechanism accessible by the user configured to
increase/decrease volume and/or completely mute volume
such that no significant audio signal is transmitted to the ear
buds lOa and lOb. The volume control 1000 can also be
positioned on the second cable SOb.
FIGS. 12-1S depict a preferred way of manufacturing the
third embodiment of a zipper earphone cable assembly 700
using plastic injection molding. Injection molding is a well
known process that utilizes a thennoplastic and thermosetting
plastic materials. In general, material is fed into a heated
barrel, mixed, and forced into a mold cavity where it cools and
hardens to the configuration of the mold cavity. Preferably the
zipper teeth 40a and 40b provided herein are made of a
thennoplastic material. In general, thennoplastic material
that can be used herein include polymers that are in a liquid
state when heated and harden into a solid state after cooling
down. Non-exclusive examples include: polyacetal, polyethylene and polypropylene. Advantageously, self lubricating
plastics such as polyacetal (POM) and polypropylene (PP)
are preferred for snag-free zipper operation. Polyacetal is also

a preferred choice for its strength and wide temperature tolerance.
As shown in FIG. 12, first and second cables SOa and SOb
are positioned into a mold 702 having cavities 704a and 704b
in the shape of the final zipper teeth 40a and 40b. The cables
SOa and SOb are preferably held or clamped at a tension taught
enough to allow injection molded plastic to bind to them
according to a predetennined spacing but not overly taught
such that the internal wires or the outer covering of the cables
SOa and SOb break apart or are otherwise damaged. Preferred
tension ranges for holding the cables SOa and SOb during
injection molding include about 10 kg of back tension. It is
advantageous to hold the cables SOa and SOb straight or
substantially so, during over-molding but not with too much
tension such that the cables SOa and SOb are overly stressed or
damaged. Attaching the zipper teeth provides severe thennal
stress due to the high temperature associated with the injection molding process and the tensile strength of the cables SOa
and SOb is reduced at elevated temperatures. In the case of
some thermoplastics such as polyacetal (POM) (including
DELRAN brand polyacetal) the injection molding temperature can be heated to about 200 0 C. Positioning the plastic
through the tooling additionally subjects the cables SOa and
SOb to extreme stresses as they are often clamped and pulled
taught. Due to the high temperature and mechanical stresses
on the cables SOa and SOb it is highly advantageous to utilize
reinforcement fibers, calibrated precision tensioning, and
high temperature tolerance cable insulation materials with the
teachings herein. These materials and properties not only are
useful to overcome the stresses of manufacturing but also
contribute to a more durable final cable assembly for use by a
consumer.
FIG. 19 provides a cross-section view of a preferred cable
SOa (also applicable for SOb) usable with the teachings herein
that show both the internal wiring and the outer covering.
According to preferred embodiments, the cables SOa and SOb
comprise an outer surface 900 such as braided nylon, and
more specifically can be in the fonn of draw textured yarn
(DTY) that is heat resistant. The use of braided nylon as an
outer covering is advantageous in that it is elastic and thermalresistant to the heat associated with injection molding. Additionally the texture of the braided nylon allows the zipper
teeth 40a and 40b to attach better as opposed to a smooth
cable outer surface such as rubber. The average thicknesses
for the outer layer 900 is preferred to be about 0.15 mm. The
outside diameter of the outer layer 900 can be between 1.35
mm and 1.65 mm, or more specifically 1.5 mm, or 1.35
mm-1.4 mm.
An inner layer 902 can also be used, preferably a material
having elastic properties such as a thermoplastic elastomer
(TPE) and more specifically an extruded TPE, which include
copolymers or a physical mix of polymers (usually a plastic
and a rubber) which consists of materials with both thermoplastic and elastomeric properties. Reinforcement fibers 90S
can also be used to add strength to the cables SOa and SOb as
fabrication and function can involve higher pull strength than
conventional earphone cables. Preferred materials include
aramids such as Kevlar, and more specifically 200D-400D
Kevlar including, 200D Kevlar, 300D Kevlar, and 400D Kevlar. Audio wires 904 configured to transmit sound from the
jack 90 to the earbuds lOa and lOb can be positioned within
the cables SOa and SOb. Preferred audio wires 904 include
copper wires which can also be surround by an insulating
material 906 such as nylon silk. Using the teachings herein
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one can manufacture a zipper earphone cable assembly 700

that withstands at least up to 15 kg of torque from end to end
(earbud lOa to jack 90).
Once positioned as desired in the mold 702 the heated
liquid material is allowed into the mold 702 such that it
surround the cables SOa and SOb and fills the teeth shaped
cavities 704a and 704b. After being allowed to set, the resulting assembly as shown in FIG. 13 can include an excess mold
material 706 that is attached to the zipper teeth 40a and 40b
bound to their respective cables SOa andSOb.As shown in this
embodiment, the zipper teeth 40a and 40b face outwards,
away from each other, after the injection molding material has
hardened. This excess mold material 706 is sacrificial and can
be removed using cutting tooling or by cutting by hand. This
step is shown in FIG. 14. After the sacrificial molding 706 is
removed, the remaining zipper teeth 40a and 40b are no
longer connected to each other and are set on their respective
cables SOa and SOb. As shown in FIG. 15, the zipper teeth 40a
and 40b can easily be rotated 180 degrees such that they face
each other to zip together (FIG. 16) and apart using a zipper
slider 50 that is attached. In other embodiments the cavities of
the zipper teeth can face each other in the mold and any excess
molding can likewise be cut off. After installing the slider 50
onto the teeth 40a and 40b using any suitable method, two
upper stops can be placed at the top of the rows of teeth 40a
and 40b to prevent the slider 50 from sliding off the top. As
shown in FIG. IS, a stop 1010 can also be placed at the bottom
of the two sets of teeth 40a and 40b and be configured to
prevent the zipper slider 50 from sliding off the bottom of the
teeth. A decorative cover can be placed on the bottom stop
1010 if desired.
As shown in FIG. 17 it is preferred that multiple zipper
units 70S are set onto the same two cables SOa and SOb
through the use of mass production using an assembly line of
workers andlortooling. More specifically, spools of cable SOa
and SOb can be configured to run through the manufacturing
steps described above. Sufficient cable spacing should be
provided for between the zipper units 70S to allow for attachment of the headphones, such as ear buds lOa and lOb, and a
jack 90. Once the zipper unit 70S has been completed, the
cables SOa and SOb can be cut at the desired length and
additional parts such as the ear buds lOa and lOb, volume
control 1000, and jack 90 can be installed using any suitable
method of manufacturing.
In addition to standing alone, the zipper earphone assemblies herein can alternatively also be utilized directly with a
clothing article, such as on a zip-up jacket or sweatshirt. The
zippered cabled assembly can be manufactured according to
the teachings described herein and then attached to the clothing article by sewing or other fastening means including hook
and loop fasteners, clips, snaps, and the like. Preferably the
audio jack can either be exposed at the bottom of the zipper or
be positioned within a pocket of the clothing article such that
a user can attach it to a portable audio player. According to
one embodiment both cables of a headphone assembly have
zipper teeth attached to them according to the teachings
herein and define a zipper of an article of clothing, such as a
jacket or sweatshirt.
Preferably water resistant, heat resistant, and durable ear
buds and other parts are utilized to protect against the water
from a clothes washer and the heat from a clothes dryer. Water
proof ear buds are known in the art and can readily be used
with this embodiment. According to certain embodiments,
thermo-resistant thermoplastics such as POM or polycarbonate (pc) and the like can be used for the casing, while a
hydrophobic mesh or membrane can be used for the venting.
Additionally a high temperature resistant material such as
polyetherimide (PEl), polyether ether ketone (PEEK) Polyethylene terephthalate (PET) can be used as a diaphragm
material.
In certain non-preferred embodiments, the ear buds can be
only water proof and the clothing article can include instructions not to machine dry, for example. Thus a user could wash
their clothing article with the incorporated water proof ear
buds and then hang it out to dry as opposed to subjecting it to
the heat associated with a clothes dryer.
An additional non-zippered cable assembly 400, such as
shown in FIG. S, is directed to the use of multiple small
complementary magnets 250a and 250b spaced in intervals
along the cables SOa and SOb that can allow the cables SOa and
SOb to connect with each other and release. Magnets 250a and
250b can be incorporated into an over-mold material 60a and
60b such that they extend out from the molding, positioned
outside the over-mold material 60a and 60b or be used
directly on the cables themselves.
Expandable Cable Management Systems
According to additional embodiments, the cable management systems herein are not necessarily used with earphone
wires and can be used to prevent entanglement of additional
type of cables. FIGS. 6a, 6b, 7a, 7b, and 7c depict cable
management systems that can compress and lengthen two or
more wires. These assemblies are useful to prevent entanglement of speaker wires, AIV wires, gaming wires, computer
wires, and the like. These assemblies can also be used to
baby-proofhousehold wires and to otherwise prevent general
disorganization of wires.
FIGS. 6a and 6b depict a cable management assembly 500
that can expand to twice its compressed length, or substantially so. FIG. 6a shows the assembly 500 in a compressed
state and having two internal channels 540a and 540b each
configured to hold at least 1 wire 510a and SlOb. Alternatively, the assembly can include 1,2,3,4,5, or more channels
wherein each is configured to house at least 1, 2, 3, 4, 5, or
more wires. A track 550 having means for releasable attachment can divide the two halves of the assembly 500. As one
embodiment a zipper track can be used that can be opened and
closed via zipper tab 50. Alternatively light magnets, or other
releasable means can be used to divide the two halves of the
assembly 500. The assembly is preferably made of a flexible
material such as rubber or fabric, such that the two halves can
be folded upon each other and releasably couple. FIG. 6b
depicts the assembly 500 in an expanded, longer configuration. When the means for releasable attachment are released
(e.g., the zipper track is unzipped) the assembly 500 is
allowed to straighten out to be twice as long as the compressed configuration.
Similarly FIGS. 7a, 7b, and 7c depict a cable management
assembly 600 that can expand to 3 times its size from a
compressed form. FIG. 7a depicts a compressed assembly
600 separated into 3 similarly or equally sized sections
wherein each section is divided by a track 640a and 640b
having means for releasable attachment. More specifically
the first track 640a divides the first and second sections, while
the second track 640b divides the second and third sections of
the assembly 600. As one embodiment zipper tracks can be
used for the tracks 640a and 640b and can be opened and
closed via zipper tabs 50a and SOb. Alternatively light magnets, or other releasable means can be used to divide the three
sections of the assembly 600. The assembly 600 includes two
internal channels 660a and 660b each configured to hold at
least 1 wire 610a and 610b. Alternatively, the assembly 600
can include 1, 2, 3, 4, 5, or more channels wherein each is
configured to house at least 1, 2, 3, 4, 5, or more wires. The
assembly 600 is preferably made of a flexible material such as
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rubber or fabric, such that the three sections can be folded

upon each other as shown in FIGS. 7a and 7b and be releasably coupled. FIG. 7b depicts the assembly 600 in a semiexpanded, configuration, where the first section is released
from the second section (track 640a is released), but the
second section remains coupled to the third section (track
640b is closed). FIG. 7c depicts the assembly 600 in a fully
expanded configuration that is opened when the second track
640b is opened (e.g., unzipped). The fully expanded configuration shown in FIG. 7c is 3 times the length of the compressed configuration FIG. 7a, or substantially so. The principals described above for assemblies 500 and 600 can be
expanded to make even higher compressed cable management assemblies such as those that can be expanded to 4x, 5x,
6x, 7x, 8x, 9x, and lOx their compressed length. These
assemblies can also include side ribs to increase their flexibility.
Additional embodiments are directed to using fabric having 1 or more channels as an outer layer to cover the two or
more wires for certain embodiments above. Fabric is a preferred choice for certain designs in that it is very light weight
and highly flexible. More specifically a zipper backing material, such as AQUAGUARD manufactured by YKK can
be used to cover and manage wires utilizing the above
embodiments, depending on the desired properties of the
cable management assembly. This embodiment makes it
easier to incorporate a zipper as a means for releasable attachment between the two cables.
The invention may be embodied in other specific forms
besides and beyond those described herein. The foregoing
embodiments are therefore to be considered in all respects
illustrative rather than limiting, and the scope of the invention
is defined and limited only by the appended claims and their
equivalents, rather than by the foregoing description.
8. The cable assembly of claim 1, wherein the cable assembly further includes a stop to help stop a zipper slider from
sliding off the bottom of the zipper teeth, wherein the stop is
attached to the first electrical wire and the second electrical
wIre.
9. A method of making a cable assembly comprising:
providing a first electrical wire and a second electrical wire
that are individually encapsulated by injection molding,
an outer layer comprising a thermo-resistant material
outside the first electrical wire and the second electrical
wire;
an affixing apparatus for releasable attachment on the outer
layers of the first electrical wire and the second electrical
wire, such that the outer layers canreleasably attach with
one another; and
one or more reinforcement fibers positioned within the
injection molding individually encapsulating the first
electrical wire and the second electrical wire.
10. The method of claim 9, wherein the cable assembly is
a headphone assembly and the first and second wires are
configured to transmit audio sound from a jack to headphones.
11. The method of claim 10, wherein the thermo-resistant
material comprises at least one of draw textured yam and
braided nylon.
12. The method of claim 10, wherein the cable assembly
can withstand up to 15 kg of torque from the jack to the
headphones.
13. The method of claim 10, wherein a volume control is
attached to at least one of the first electrical wire and the
second electrical wire.
14. The method of claim 9, wherein the affixing apparatus
comprises a thermoplastic zipper.
15. The method of claim 14, wherein a stop used to stop a
zipper slider from sliding off the bottom of the zipper,
wherein the stop is attached to both the first and second
electrical wires.
16. The method of claim 9, wherein the first and second
wires are individually encapsulated in an inner layer having
thermo-resistant and elastomeric properties positioned
underneath the outer layer.
17. The method of claim 9, wherein the one or more reinforcement fibers comprise at least one of an aramid and Kevlar.
18. A cable assembly comprising:
a first electrical wire;
a second electrical wire;
a thermo-resistant material that is molded around the first
electrical wire and around the second electrical wire;
zipper teeth that are molded to the thermo-resistant material of the first electrical wire and the second electrical
wire;
the zipper teeth molded to the first electrical wire being
releasably attached to the zipper teeth molded to the
second electrical wire via a zipper slider;
at least two reinforcing fibers comprising a first reinforcing
fiber and a second reinforcing fiber, the first reinforcing
fiber being encapsulated with the first electrical wire, the
second reinforcing fiber being encapsulated with the
second electrical wire; and
a stop used to stop the zipper slider from sliding off a
bottom of the zipper teeth, the stop being attached to the
first electrical wire and the second electrical wire,
wherein the cable assembly is a headphone assembly,
and the first electrical wire and the second electrical wire
are configured to transmit audio sound from a jack to
headphones.
10
15
20
25
30
35
What is claimed is:

1. A cable assembly comprising:
a first electrical wire;
a second electrical wire; a thermo-resistant material that is
molded around the first electrical wire and around the
second electrical wire;
zipper teeth that are molded to the thermo-resistant material of the first electrical wire and the second electrical
wire;
the zipper teeth molded to the first electrical wire being
releasably attached to the zipper teeth molded to the
second electrical wire; and
at least one reinforcing fiber, the at least one reinforcing
fiber being encapsulated with at least one of the first
electrical wire and the second electrical wire.
2. The cable assembly of claim 1, wherein:
the zipper teeth are created by injection molding; and
the cable assembly is a headphone assembly and the first
and second wires are configured to transmit audio sound
from ajack to headphones.
3. The cable assembly of claim 1, wherein an outer surface
of the first electrical wire and the second electrical wire comprise at least one of draw textured yam and braided nylon.
4. The cable assembly of claim 1, wherein the zipper-teeth
are thermoplastic.
5. The cable assembly of claim 1, wherein the at least one
reinforcement fiber comprises an aramid.
6. The cable assembly of claim 1, wherein the at least one
reinforcement fiber comprises Kevlar.
7. The cable assembly of claim 2, wherein the cable assembly can withstand up to 15 kg of torque from the jack to the
headphones.
40
45
50
55
60
65
EXHIBIT 2

US 8,455,758 B2
11
12
19. The cable assembly of claim 18, further comprising a

volume control attached to at least one of the first electrical
wire and the second electrical wire.
* * * * *
EXHIBIT 2
Exhibit 3
Exhibit 3
Zipbuds
Reg. No. 4,115,616
Registered Mar. 20, 2012
ZIPBUDS, LLC (CALIFORNIA LIMITED LIABILITY COMPANY)

SUITE 260
6170 CORNERSTONE COURT EAST
SAN DIEGO, CA 92121
Int. Cl.: 9
FOR: AUDIO HEADPHONES, IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
TRADEMARK
FIRST USE 11-9-2010; IN COMMERCE 11-9-2010.
PRINCIPAL REGISTER
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR.
SN 85-056,643, FILED 6-7-2010.
HOWARD B. LEVINE, EXAMINING ATTORNEY
Director of the United States Patent and frademark Office
EXHIBIT 3

Zipbuds v. 2X Mobile - Complaint

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Zipbuds v. 2X Mobile - Complaint

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Case 3:16-cv-01857-JAH-JLB Document 1 Filed 07/21/16 Page 1 of 14

Andrew D. Skale (SBN 211096)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

Case No. '16CV1857 JAH JLB

PLAINTIFF ZIPBUDS, LLCS

Plaintiff ZIPBUDS, LLC. for its Complaint against Defendant 2X MOBILE,

INC., alleges and states as follows:

Case 3:16-cv-01857-JAH-JLB Document 1 Filed 07/21/16 Page 2 of 14

Plaintiff ZIPBUDS, LLC, (Zipbuds or Plaintiff) is a limited liability

Defendant 2X MOBILE, INC. (2X or Defendant) is a corporation

Riverfront Drive, Reading, PA 19602.

JURISDICTION AND VENUE

Act and thus jurisdiction is proper under 15 U.S.C. section 1121.

This Court has personal jurisdiction over 2X because 2X has extensive

and competing line of products practicing the inventions.

causes of action asserted in this complaint pursuant to 28 U.S.C. 1332(a) because

this dispute is between citizens of complete diversity, including a Pennsylvania

company with its headquarters in Reading, Pennsylvania, and a California company,

Case 3:16-cv-01857-JAH-JLB Document 1 Filed 07/21/16 Page 3 of 14

Venue is proper in this judicial district under 28 U.S.C. sections 1391(b)

Defendant resides in this district by virtue of being subject to personal jurisdiction in

Through heavy investment and hard work, Zipbuds designed a unique

D652,407, is attached to this Complaint as Exhibit 1 (the 407 Patent).

The cable organization assembly utilized by Zipbuds in its zipper

Patent is attached as Exhibit 2.

In addition, Zipbuds sought to and did create distinct brand awareness by

use of a trademark, adopting the strong and inherently distinctive trademark

successfully obtained federal registration of its ZIPBUDS trademark for use in

4,115,616, is attached to this Complaint as Exhibit 3. (ZIPBUDS and ZIPBUDS

Case 3:16-cv-01857-JAH-JLB Document 1 Filed 07/21/16 Page 4 of 14

utilizing zipper technology.

Unfortunately, in the midst of this momentous success, Zipbuds

discovered that 2X started manufacturing and selling a competing earphone that

Defendant has begun sales of its product named Zipper Earphones

(Accused Product). They have sold their Accused Product in California,

virtually indistinguishable from Zipbuds valuable product trade dress, trademark,

the 407 Patent uniquely-coined title: Zippered Earphones. Defendants trademark

facing a likelihood of confusion between the two marks.

of relevant prior art, and found to be novel.

Case 3:16-cv-01857-JAH-JLB Document 1 Filed 07/21/16 Page 5 of 14

Zipbuds sent 2X a cease-and-desist letter on May 18, 2016 that informed

2X of its infringement. Zipbuds sought to resolve 2Xs infringement without judicial

intervention, but 2X refused Zipbuds demand.

A side by side exemplative comparison of one of the Accused Product to

the 758 and 407 Patents is below:

including pink, blue, red, orange and purple.

2X is manufacturing and selling infringing products. 2X is liable for

infringement. Its continued deliberate indifference in continuing to sell the Accused

Case 3:16-cv-01857-JAH-JLB Document 1 Filed 07/21/16 Page 6 of 14

Accordingly, facing a manufacturer and seller unwilling to take any

FIRST CLAIM FOR RELIEF

INFRINGEMENT OF U.S. PATENT NO. D652,407 S

Plaintiff incorporates by reference all other paragraphs contained in this

On January 17, 2012, United States Patent Number D652,407 entitled

Defendant has sold or exposed for sale articles of manufacture to which

the 407 Patent applies.

Defendant has infringed and continues to infringe the 407 Patent by

appearance of the two designs are substantially the same.

Defendant is also liable for patent infringement because it actively

Case 3:16-cv-01857-JAH-JLB Document 1 Filed 07/21/16 Page 7 of 14

having received a detailed notice of the infringement. 2X further engaged in willful

Defendants infringement of the 407 Patent has caused and continues to

cause damage to Zipbuds in an amount to be determined at trial but exceeding