Avus Holdings v. Muir - Complaint

Case 2:19-cv-00228-DBP Document 2 Filed 04/03/19 Page 1 of 11
Steven L. Rinehart (USB #11494)

VESTED LAW, LLP
110 S. Regent Street, Suite 200
Salt Lake City, UT 84111
Telephone: (888) 941-9933
Mobile: (801) 347-5173
Facsimile: (801) 665-1292
Email: steve@utahpatentattorneys.com
Attorney for Plaintiff
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
AVUS HOLDINGS, LLC D/B/A LOCK-JAW

COLLAR, a California limited liability Case No. 2:19-CV-228
company;
COMPLAINT
Plaintiff,
vs. Magistrate Judge Dustin B. Pead
PATRICK C. MUIR, an individual; NEXT

DISTRIBUTIONS, LLC; a foreign entity; and
NEXT DISTRIBUTIONS, INC., a Utah
corporation;
Defendants.
COMES NOW Plaintiff Avus Holdings, LLC D/B/A Lock Jaw Collar (“Lock Jaw”), by
and through counsel undersigned, and for cause of action against Defendants hereby alleges and
claims as follows:
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PARTIES, JURISDICTION AND VENUE
1. Plaintiff Avus Holdings, LLC (“Lock-Jaw”) is a limited liability company organized
under the law of the state of California. Plaintiff does business a Lock Jaw Collar
throughout the United States.
2. Plaintiff is the owner by assignment of all three patents (collectively the “Patents-in-
Suit”) currently at issue in this action, including:
(a) U.S. Patent No. 7,513,856 (the “‘856 Patent”) entitled, “Weight Plate Retention
Collar” which issued on April 7, 2009 after a full and fair examination. A true and
correct copy of the ‘856 Patent is attached hereto as Exhibit A.
(b) U.S. Design Patent No. D764,608 (the “‘D608 Patent”) entitled, “Flexible Barbell
Strap with an Over-Center Cam” which issued on August 23, 2016 after a full and fair
examination. A true and correct copy of the ‘D608 Patent is attached hereto as
Exhibit B.
(c) U.S. Design Patent No. D780,860 (the “‘D860 Patent”) entitled, “Locking Barbell
Collar” which issued on March 7, 2017 after a full and fair examination. A true and
correct copy of the ‘D860 Patent is attached hereto as Exhibit C.
3. Upon information and belief, Defendant Patrick Muir is an individual residing in Salt
Lake County, Utah.
4. Upon information and belief, Defendant Next Distributions, Inc. D/B/A Clout Fitness is a
corporation formed under the laws of the state of Utah with its principal place of business
in Salt Lake County, Utah.
5. Clout Fitness is not a corporation in good-standing as of the filing of this action.
2
6. Upon information and belief, Defendant Next Distributions, LLC is a limited liability
company formed under the laws of the state of Georgia with its principal place of
business purportedly in Athens, Georgia but with an actual principal place of business in
Salt Lake City, Utah.
7. Next Distributions, LLC is not a corporation in good-standing as of the filing of this
action.
8. This is an action for patent infringement arising under the Patent Laws of the United
States, 35 U.S.C. § 1 et seq., including 35 U.S.C. § 271 and § 281.
9. This Court has personal jurisdiction over Defendants because, on information and belief,
Defendants do, and/or have done, substantial business in this judicial District, including:
(i) committing acts of patent infringement in this judicial District and elsewhere in Utah;
(ii) regularly doing business or soliciting business by virtue of Defendant’s nationwide,
interactive and commercial product offerings online which directs Defendants’ products
to Utah residents and by regularly soliciting them to purchase Defendants’ products; and
(iii) engaging in other persistent courses of conduct, and/or deriving substantial revenue
from products and/or services provided to persons in this District and State.
10. Venue and jurisdiction in this district are proper under 28 U.S.C. § 2201, 15 U.S.C. §
1114, 28 U.S.C. § 1331, 1367 and 1338, 28 U.S.C. §§ 1391(b) and (c), and 1400(a), 35
U.S.C. § 271 and § 281, and under 15 U.S.C. §§ 1121. This Court has additional
personal jurisdiction of Defendants because, inter alia, they reside and do business in the
State of Utah pursuant to Utah Code Ann. § 78B-3-307(1)(b) and 78B-3-205 et seq.;
and/or direct their products to the Forum.
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GENERAL ALLEGATIONS
Introduction
11. Plaintiff has been manufacturing and retailing barbell clamps for more than ten years and
is the owner of multiple issued U.S. patents on barbell clamps.
12. Upon information and belief, in around 2016, Defendant began selling barbell clamps
modeled on Plaintiff’s products which infringe Plaintiff’s Patents-in-Suit. These
products of Defendants include a product entitled “Quick Release Pair of Locking 2”
Olympic Size Barbell Clamp Collar Great for Pro Training by Clout Fitness” shown
below in listing on Amazon and eBay (“Accused Barbell Clamp 1”):
4
13. This Accused Product 1 of Defendants is a knockoff of Plaintiff’s product shown below,
which is protected by one or more of the Patents-in-Suit in this action:
14. Upon information and belief, Accused Product 1 is still for sale today online and/or
elsewhere in the United States.
15. Since releasing Accused Product 1, Defendants have produced other product(s) which
Defendants are also selling which infringe Plaintiff’s Patents-in-Suit as set forth herein.
These products are depicted below:
5
Defendants’ Knowledge of the Patents
16. In an attempt to resolve the present dispute amicably, Plaintiff sent Defendants the cease
and desist letter attached hereto as Exhibit D on November 7, 2017, putting Defendants
on notice that Defendants’ products were alleged to infringe the ‘856 Patent and
enclosing the ‘856 Patent.
17. Plaintiff subsequently put Defendants on notice that Defendants’ products infringed one
or more of Plaintiff’s design patents through inter alia one or more complaints submitted
to Amazon, which Defendants disputed.
18. Defendants have refused to stop selling the infringing products, necessitating the present
action at expense to Plaintiff.
19. In the course of these conversations and communications, Defendants have denied
infringement on baseless grounds and purported to analyze the substance of Plaintiff’s
patents, including in those communications collectively attached hereto as Exhibit E.
20. Plaintiff’s letters and complaints identified the infringed Patents-in-Suit with specificity,
identified the products accused of infringing, and demanded that said infringement cease.
Accordingly, Defendants had actual notice of Plaintiff’s issued Patents-in-Suit as early as
its receipt of this letter on, or about, November 7, 2017, if not earlier.
21. Defendants failed to cease infringing Plaintiff’s Patents-in-Suit.
22. In addition, Plaintiff has complied with the statutory marking requirements of 35 U.S.C.
§ 287 for the Patents-in-Suit. Accordingly, Defendants had constructive notice of the
Patents-in-Suit prior to their receipt of Plaintiff’s November 7, 2017 letter.
23. Defendants’ infringement of the Patents-in-Suit has been at all times willful. Given that
Defendants’ products are near identical copies of Plaintiff’s patented products, and that
6
Plaintiff marks its products pursuant to the requirements of 35 U.S.C. § 287, on
information and belief Defendants’ infringement has been willful since the products were
first manufactured and sales began.
24. Defendants’ unlawful conduct has and will damage the Plaintiff through the loss of
customers, profits, business, profits, reputation, and good will. Plaintiff has suffered
further damage through expenditures associated with bringing this action.
FIRST CAUSE OF ACTION

PATENT INFRINGEMENT (UTILITY) OF U.S. PATENT NO. 7,513,856
25. Plaintiff incorporates and re-alleges all of the foregoing paragraphs as if fully set forth
herein.
26. The ‘856 Patent is legally owned by Plaintiff and Plaintiff is solely entitled to recover
damages from infringement of the ‘856 Patent.
27. Defendants had constructive and actual notice of the ‘856 prior to commencement of this
action, and notice that the ‘856 Patent covered the barbell clamps of Defendants.
28. Defendants do not have a license right under the ‘856 Patent to make, import, use, offer
for sale, or sell the accused products.
29. One or more of Defendants’ products infringe at least Claims 1 – 3 of the ‘856 Patent
inasmuch as the accused products literally, or under the doctrine of equivalents, embody
each and every limitations of these claims. Upon further discovery, additional claims
may also be infringed and asserted in this action.
30. Defendants are responsible for the direct infringement of the ‘856 Patent.
31. Plaintiff is entitled to recover from Defendants monetary damages in an amount not less
than a reasonable royalty, including at least a minimum royalty for the interest they have
attempted to create by offering the accused products for sale in the United States if not a
7
greater reasonable royalty based upon a royalty rate applied to the base of actual units
sold, for infringement occurring during the term of the ‘856 Patent from the time sale of
the accused products began until such infringement ends.
32. Plaintiff is also entitled to treble damages, exemplary damages and attorney fees as
Defendants’ actions are willful and taken with knowledge of Plaintiff’s rights.
SECOND CAUSE OF ACTION

PATENT INFRINGEMENT (DESIGN) OF U.S. PATENT NO. D780,860
herein.
34. The ‘D860 Patent is legally owned by Plaintiff and Plaintiff is solely entitled to recover
damages from infringement of the ‘D860 Patent.
35. Defendants had constructive and actual notice of the ‘D860 prior to commencement of
this action, and notice that the ‘D860 Patent covered the barbell clamps of Defendants.
36. Defendants do not have a license right under the ‘D860 Patent to make, import, use, offer
37. One or more of Defendants’ products infringe the single claim of the ‘D860 Patent
inasmuch as an ordinary observer and an ordinary designer would, at a minimum, find
that the accused product’s design and the patented design are substantially similar.
38. The patented design and one or more accused products are shown in this paragraph
below:
8
39. Defendants have infringed and are still infringing the ‘D860 Patent by making, selling,
and causing others to sell the patented design, and Defendants will continue to do so
unless enjoined by this Court.
40. Plaintiff is also entitled to exemplary damages and attorney fees as Defendants’ actions
are willful and taken with knowledge of Plaintiff’s rights.
41. Plaintiff is further entitled to an award of damages from Defendant pursuant to 35 U.S.C.
§ 284, together with reasonable attorney fees pursuant to 35 U.S. § 285. The damages
awarded to Plaintiff should be trebled pursuant to 35 U.S.C. § 284 in light of Defendants’
willful and deliberate infringement.
THIRD CAUSE OF ACTION

PATENT INFRINGEMENT (DESIGN) OF U.S. PATENT NO. D764,608
herein.
43. The ‘D608 Patent is legally owned by Plaintiff and Plaintiff is solely entitled to recover
damages from infringement of the ‘D608 Patent.
44. Defendants had constructive and actual notice of the ‘D608 prior to commencement of
this action, and notice that the ‘D608 Patent covered the barbell clamps of Defendants.
45. Defendants do not have a license right under the ‘D608 Patent to make, import, use, offer
46. One or more of Defendants’ products infringe the single claim of the ‘D608 Patent
inasmuch as an ordinary observer and an ordinary designer would, at a minimum, find
that the accused product’s design and the patented design are substantially similar, as
shown:
9
47. Defendants have infringed and are still infringing the ‘D608 Patent by making, selling,
and causing others to sell the patented design, and Defendants will continue to do so
unless enjoined by this Court.
48. Plaintiff is also entitled to exemplary damages and attorney fees as Defendants’ actions
are willful and taken with knowledge of Plaintiff’s rights.
49. Plaintiff is further entitled to an award of damages from Defendant pursuant to 35 U.S.C.
§ 284, together with reasonable attorney fees pursuant to 35 U.S. § 285. The damages
awarded to Plaintiff should be trebled pursuant to 35 U.S.C. § 284 in light of Defendants’
willful and deliberate infringement.
DEMAND FOR JURY TRIAL
Plaintiff respectfully requests a trial by jury of all issues properly triable by jury.
PRAYER FOR RELIEF
WHEREFORE, on the above claims, Plaintiff prays for judgment against Defendants as
follows:
1. For a preliminary and permanent injunction restraining and enjoining Defendants, their
agents, servants, employees, officers and those persons in act of concert or participation
with Defendants, from any further patent infringement – including an order than
Defendants promptly send corrective notice to online vendors and remove listings for
Defendants’ products from online retailers and websites.
2. For judgment holding Defendants liable for each of the patents-in-suit, including past and
future damages allowed by law, including a reasonable royalty and prejudgment and post
judgment interest allowed by law;
10
3. For a judgment holding that each of the Patents-in-Suit are enforceable and valid;
4. For a judgment finding Defendants’ patent infringement is willful;
5. For an award of exemplary damages allowed by law;
6. For an award of attorney fees and costs allowed by law; and
7. For all such other relief as the Court deems necessary and appropriate in law or equity
under the circumstances.
DATED AND SIGNED this 3rd day of April, 2019.
/s/
_________________________________
Steven Rinehart
VESTED LAW
110 S. Regent Street, Suite 200
Tel: 801-347-5173
Email: steve@utahpatentattorneys.com
Attorney for Plaintiff
11
Case 2:19-cv-00228-DBP Document 2-1 Filed 04/03/19 Page 1 of 2
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Avus Holdings, LLC D/B/A Lock-Jaw Collar Patrick C. Muir; Next Distributions, LLC; and Next Distributions, Inc.
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EXHIBIT A
I 11111 1 111111 1 1 1111 1111 11111 1111111111 1 11111111111 1 lll1111111 1 111111
US007513856B2
c12) United States Patent (IO) Patent No.: US 7,513,856 B2

Jones (45) Date of Patent: Apr. 7, 2009
(54) WEIGHT PLATE RETENTION COLLAR (56) References Cited

(76) Inventor: Dylan Jones, P.O. Box 2160, Santa U.S. PATENT DOCUMENTS
Barbara, CA (US) 93120 2,298,710 A * 10/1942 Mackay et al ................. 24/270
4,639,979 A * 2/1987 Polson ....................... 482/107
( * ) Notice: Subject to any disclaimer,the term ofthis 6,405,411 Bl* 6/2002 Allemann et al. .............. 24/19
patent is extended or adjusted under 35
U.S.C. 154(b) by 105 days. * cited by examiner
(21) Appl. No.: 11/803,582 Primary Examiner-Jerome Donnelly
(74) Attorney, Agent, or Firm-Sandy Lipkin
(22) Filed: May 14, 2007
(57) ABSTRACT
(65) Prior Publication Data
US 2008/0287271 Al Nov. 20,2008 A retention collar for securing weights to a barbell that
includes two side plates with a pull bar and a cam lever. Two
(51) Int. Cl. sets of pressure pins provide a frictional fit with the barbell
A63B 211072 (2006.01) when the collar is in its closed position,which is achieved by
(52) U.S. Cl. .......................... 482/107; 482/98; 482/108 use ofthe am lever. The side plates are secured to each other
(58) Field of Classification Search ..................... 24/19, by screws or rivets.
24/270,271,273; 482/104-107
See application file for complete search history. 8 Claims, 6 Drawing Sheets
25
10
11
16
U.S. Patent Apr. 7, 2009 Sheet 1 of 6 US 7,513,856 B2
10
11
FIG. 1
20
19
10
14
FIG. 2
10
19
22 11
21
20
14
13
12
FIG. 3

11
10
\ 18
14 14
FIG. 5A FIG. 5B FIG. 5C

10
17
12 I
11
15
21 - 14
�
15
FIG. 6
15
--23
19
22
20 21
10
FIG. 7
11
�10
13
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FIG. 8

US 7,513,856 B2
1 2
WEIGHT PLATE RETENTION COLLAR Strnad; U.S. Pat. No. 5,605,411 to Wilson et al; and U.S. Pat.
No. 6,007,268 to Whittington et al.
BACKGROUND OF THE INVENTION
SUMMARY OF THE INVENTION
1. Field of the Invention
The present invention relates generally to the field of The current invention includes a plurality of components
weight training devices and more particularly to barbells and that, when intended, apply external pressure to the surface of
dumbbells that use removable weight plates. a barbell sleeve. The pressure retains the invention due to the
friction between the device and the barbell sleeve. The fric-
2. Description of the Prior Art
10 tion is created between the malleable cylindrical pins and the
Free weights are used for recreational purposes in schools, barbell sleeve.
rehabilitation purposes in physical therapy settings and by the The invention preferably consists of two semi-circular
general public as a tool to improve and maintain physical components, hinged at one end. The other ends would be
fitness through improved strength and increased muscle attached to one another through one or more components that
mass. 15 provide the function of activating a pivot, thereby applying
Weight lifting for improvement and maintenance of physi pressure to the weight sleeve.
cal fitness has led to a boon not only physical fitness facilities, The device has two functional states. First, is the open
but also in the use of home exercise equipment. Most weight position and second is the closed position. In the open posi
lifting regimens involve the use of free weights. Free weights tion, the invention slides over the barbell sleeve easily in order
consist of barbells or dumbbells and weight plates. Barbells in 20 to place in thereon. In the closed position, the device is
particular must be used in conjunction with weight plates to clamped firmly to the barbell sleeve, thus restricting its move
achieve a desired weight amount. To achieve the utility of ment. Weight plates will be securely retained between the
these components, a user must use both the bar of the barbell sleeve collar and the device, reducing the tendency of the free
and the weight plates, along with a means for securing the weights of sliding free from the barbell sleeve.
weight plates to the bar. 25
The preferred embodiment of invention defines a weight
Weight plates traditionally consist of a disc shaped mass retention collar for securing weight plates to a barbell com
with a cylindrical hole placed through the center of the plate prising an outer frame that is shaped to form an interior space
to retain the plate to the bar. Barbells have a cylindrical sufficient to allow the placement of a barbell therein, the
handle, longer than a dumbbell. Weight masses are attached at frame having a first side and second side; a plurality of pres-
both ends ofthe bar, or the bar can accept weight plates at both 30 sure pins, each of the pressure pins having a first side and
ends to reach a desired overall mass. The weight plates are second side, the first side of each of the pressure pins being
mounted on the barbell sleeve, which is a component that is attached to the interior of the first side of the outer frame and
permanently attached the barbell. The barbell sleeve consists the second side of each of the pressure pins being attached to
of a sleeve collar and a sleeve body. the interior of the second side of the outer frame; a pull bar
When using a barbell (or adjustable dumbbell) the free 35 connected to one of the plurality of pressure pins; and a lever
weights need to be securely fastened to the bar and easy to attached to the pull bar; wherein when the lever is activated to
use. Unexpected movement of the weight plates need to be pull on the pull bar, the pressure pins close the outer frame
prevented for safety. Furthermore, the weight plates need to around the barbell.
be secured in a manner that does not damage the barbell, the The embodiment above can be further modified by defining
40
weight plates, or the dumbbell. that the collar is used to secure weight plates to a dumbbell.
Prior art in the field seeks to achieve these ends, but here The embodiment above can be further modified by defining
tofore has been somewhat hit or miss with regard to success. that the interior space of the outer frame is substantially
Existing products use springs, spring-loaded cams, or screws cylindrical in shape.
to secure themselves to the bar. Current inventions that use 45 The embodiment above can be further modified by defining
screws or threaded rods can damage the barbell sleeve. Prior that the pressure pins are substantially cylindrical in shape.
art products are heavy and add a significant amount of weight The embodiment above can be further modified by defining
to the barbell assembly. Current products lack durability and that the lever is a cam lever.
are often made of many small parts that can be lost or broken. An alternative embodiment of the instant invention is a
Many current products use two or more inches of sleeve 50 method for securing weights to a barbell comprising place
length in order to fasten securely, making the entire apparatus ment of one or more weights on the sleeve of a barbell;
bulky. Furthermore, current inventions do not accommodate placement of a weight retention collar in its open position
all sizes of barbell sleeves equally due to the limited range of around the sleeve of the barbell behind the weight plates, the
their clamping force. weight retention collar further comprising an outer frame that
Some prior art has included locking pins (U.S. Pat. No. 55 is shaped to form an interior space sufficient to allow the
4,955,603 to Becker); plunger type pieces (U.S. Pat. No. placement of the barbell therein, the frame having a first side
5,346,449 to Schlagel; U.S. Pat. No. 5,911,651 to Liu; and and second side; a plurality of pressure pins, each of the
U.S. Pat. No. 6,059,700 to Ellenburg); a-rings (U.S. Pat. No. pressure pins having a first side and second side, the first side
5,449,333 to Carter); bolts and screws (U.S. Pat. No. 6,602, of each of the pressure pins being attached to the interior of
169 to Patti; a rotating handle with a washer and tie-rod (U.S. 60 the first side of the outer frame and the second side of each of
Pat. No. 6,887,189 to Schiff); a ratcheting apparatus (U.S. the pressure pins being attached to the interior of the second
Pat. No. 6,971,974 to Bowman et al.); an internal cam mecha side of the outer frame; a pull bar connected to one of the
nism (U.S. Pat. No. 7,025,713 to Dalebout et al.); and inter plurality of pressure pins; a lever attached to the pull bar;
locking components (U.S. Pat. No. 7,048,678). moving the weight retention collar to its closed position
Other prior art has used friction points similar to the present 65 through the activation of the lever, the activation allowing the
invention, but with different, more complex structures. See lever to pull on the pull bar, the pressure pins closing the outer
U.S. Pat. No. 4,893,810 to Lee; U.S. Pat. No. 5,591,109 to frame around the barbell.
US 7,513,856 B2
3 4
The embodiment above can be further modified by defining The invention itself is a weight plate retention collar 10
that the collar is used to secure weight plates to a dumbbell. whose component parts can be seen in detail in FIGS. 1, 6, 8
The embodiment above can be further modified by defining and 9. The component parts include the cam lever 11, which
that the interior space of the outer frame is substantially attaches to the pull bar 12; a series of pressure pins 13; an
cylindrical in shape. 5 outside plate 14 composed of for pieces that connect together
The embodiment above can be further modified by defining and that can be seen in detail in FIG. 9; and a series of holes
that the pressure pins are substantially cylindrical in shape. 15 and pins 16 that hold the pressure pins 13 in place inside
The embodiment above can be further modified by defining the outside plate 14. In FIG. 9 another hole 17 connects the
that the lever is a cam lever. cam lever 11 to the outside plate 14. Yet another hole 18
1o connects the pull bar 12 to the cam lever 11. Shown as a means
BRIEF DESCRIPTION OF THE DR AWINGS for attaching the pins 16 to the holes 15, the attaching means
are screws 25, but rivets, glue or any other means that will
This invention can better be understood by reference to the secure the pins 16 to the holes 15 can also be used.
drawings, provided for exemplary purposes, and in which: The weight plate retention collar 10 attaches to a barbell
FIG. 1 is a perspective view of the invention. 15 19. The barbell 19 includes the barbell bar 20, the sleeve body
FIG. 2 is a perspective view of the invention as it attaches 21 and the sleeve collar 22. The sleeve collar 22 is in place to
to a barbell sleeve. provide a set point for the weight plates 23 to abut against to
FIG. 3 is a top view of the invention as it attaches to a increase the work load for the weight lifter. Once the weight
barbell sleeve. plates 23 are placed on the sleeve body 21 and pressed against
FIG. 4 is a perspective view of the invention as it is used on 20 the sleeve collar 22, the weight plate retention collar 10 is then
a barbell sleeve to secure weight plates. placed around the sleeve body 21 while in the open position as
FIG. SA is a view of the invention in the open position of illustrated in FIG. SA.
attachment to the barbell sleeve. Once on the sleeve body 21, the weight plate retention
FIG. SB is a view of the invention in the intermediate collar 10 is then placed against the weight plates 23 forming
25 a snug fit against the sleeve collar 22, as illustrated in FIGS. 4
position of attachment to the barbell sleeve.
FIG. SC is a view of the invention in the closed position of and 7. The cam lever 11 is then moved through the interme
attachment to the barbell sleeve. diate position as illustrated in FIG. SB and into the closed
position as illustrated in FIG. SC. The cam lever 11 pulls on
FIG. 6 is a cross-section view of the invention illustrating
the pull bar 12 and brings the pressure pins 13 together and
the cylindrical pressure pins.
30 tightens the outside plate 14 against the barbell sleeve 21,
FIG. 7 is a side view of the invention as it is used on a
holding the weight plates 23 snugly in place for use.
barbell sleeve to secure weight plates.
The illustrations and examples provided herein are for
FIG. 8 is perspective view of the invention from the oppo
explanatory purposes and are not intended to limit the scope
site direction from FIG. 1.
of the appended claims. This disclosure is to be considered an
FIG. 9 is an exploded view of the invention. 35 exemplification of the principles of the invention and is not
intended to limit the spirit and scope of the invention and/or
DETAILED DESCRIPTION OF THE PREFERRED
claims of the embodiment illustrated. Those skilled in the art
EMBODIMENT
will make modifications to the invention for particular appli-
cations of the invention.
The preferred embodiment of the invention is illustrated in 40
the attached figures. The cam lever is hinged to the side plates.
What is claimed is:
The pull bar is also hinged to the cam lever and the other pair
1. A weight retention collar for securing weight plates to a
of side plates. Both pairs of side plates should all be hinged
barbell comprising
together at their opposing ends. This combination of hinges
an outer frame that is shaped to form an interior space
creates the mechanical assembly of the device. 45 sufficient to allow the placement of said barbell therein,
The pressure pins attached to the side plates by cylindrical
said frame having a first side and second side;
pins that pass through their centers. By this means of attach
a plurality of pressure pins that are substantially cylindrical
ment, there is no way that these cylindrical pressure pins can
in shape, each of said pressure pins having a first side and
be disconnected from their mountings. Finally, the side plates
second side, said first side of each of said pressure pins
are attached to one another with four metal screws or rivets 50
being attached to the interior of said first side of said
which keep the assembly from becoming loose.
outer frame and said second side of each of said pressure
This invention will reduce the tendency for the weight pins being attached to the interior of said second side of
plates to slide free from the barbell sleeve. It adds less weight said outer frame;
to the barbell than prior art devices. It uses less space on the
a pull bar connected to one of said plurality of pressure
barbell sleeve. It is significantly more durable than similar 55
pins; and
devices. It is simpler and more ergonomic to use than existing
inventions, and it accommodates a wide range of barbell a lever attached to said pull bar;
sleeves. wherein when said lever is activated to pull on said pull bar,
The invention is operated by first opening the cam lever said pressure pins close said outer frame around said barbell.
until the invention is in the fully open position. Then the cam 60 2. A weight retention collar as defined in claim 1 wherein
lever bottoms out on the pull bar, creating a natural stop. The said interior space of said outer frame is substantially cylin
device is then slid onto the barbell sleeve until it makes drical in shape.
contact with the weight plate. The user then applies pressure 3. A weight retention collar as defined in claim 1 wherein
to the device to firmly secure the weight plates against the said lever is a cam lever.
barbell collar. The cam lever is then closed, resulting the in 65 4. A method for securing weights to a barbell comprising
device locking itself securely onto the bar. The weight plates placement of one or more weights on the sleeve of said
will now be held tightly against the barbell collar. barbell;
US 7,513,856 B2
5 6
placement of a weight retention collar in its open position moving said weight retention collar to its closed position
around said sleeve of said barbell behind said weight through the activation ofsaid lever said activation allow
plates, said weight retention collar further comprising ing said lever to pull on said pull bar, said pressure pins
an outer frame that is shaped to form an interior space closing said outer frame around said barbell.
sufficient to allow the placement of said barbell s 5. A method as defined in claim 4 wherein said collar is
therein, said frame having a first side and second side; used to secure weight plates to a dumbbell.
a plurality of pressure pins, each of said pressure pins 6. A method as defined in claim 4 wherein said interior
having a first side and second side, said first side of space of said outer frame is substantially cylindrical in shape.
each of said pressure pins being attached to the inte
rior of said first side of said outer frame and said 10 7. A method as defined in claim 4 wherein said pressure
second side of each of said pressure pins being pins are substantially cylindrical in shape.
attached to the interior of said second side of said 8. A method as defined in claim 4 wherein said lever is a
outer frame; cam lever.
a pull bar connected to one of said plurality of pressure
pins; and
a lever attached to said pull bar; * * * * *
EXHIBIT B
USOOD764608S
(12) Jones
United States Design Patent (10) Patent No.: US D764,608 S
(45) Date of Patent: . Aug. 23, 2016
(54) FLEXBLE BARBELL STRAP WITH AN 7,494.451 B1 2/2009 Ramos
OVER-CENTER CAM 7,513,856 B2 4/2009 Jones
8,006,711 B2 * 8/2011 Pietrzak ................... A45B 9.00
135.65
8,397,421 B2 * 3/2013 Ding ..................... F41G 11 003
(71) Applicant: Dylan Jones, Santa Barbara, CA (US) 42,124
D694,841 S * 12/2013 Ciminski ..................... D21,681
8,776,810 B2 * 7/2014 Lah .......................... A45B 9.00
135.65
(72) Inventor: Dylan Jones, Santa Barbara, CA (US) D736,884 S * 8/2015 Lovley, II .................... D21,839
9,109,616 B1* 8/2015 Ballentine ... ... F16B 7,1454
(**) Term: 15 Years 9,212,777 B2 * 12/2015 Shi ........ F16M 13,022
9,297,477 B2* 3/2016 Yoder ..................... F16K 35/10
OTHER PUBLICATIONS
(21) Appl. No.: 29/544,453
Lock-Jaw HEXby Lock-Jaw dated no date given. Found online Jun.
(22) Filed: Nov. 3, 2015 16, 2016 http://lockjaw.collar.com/products/lock-jaw-hex.*
(51) LOC (10) Cl. ................................................ 21-02
(52) U.S. C. * cited by examiner
USPC ......................................................... D21A694
Primary Examiner — Robert M Spear
(58) Field of Classification Search
Assistant Examiner — Ryan Harvey
USPC ............. 482/107, 108, 106, 44, 148,93, 910; (74) Attorney, Agent, or Firm — QuickPatents, LLC; Kevin
D21/694,681, 679, 839; D8/396, 331, Prince
D8/399, 3.94: D13/152, 154; D6/682:
D23/265; 24/580.11, DIG. 44, DIG. 53, (57) CLAM
24/273,530, 270,524; 285/409,366,410, I claim the ornamental design for a flexible barbell strap with
285/411, 112,373; 403/318, 359.3, 344, an over-center cam, as shown and described.
403/362, 17,374.5, 109.1; 135/75, 65, 76; DESCRIPTION
42/124, 127; 1/1 FIG. 1 is a perspective view of a flexible barbell strap with an
CPC .................. Y10S 707/99938; G06F 17/30362; over-centercam showing my new design in a locked position;
G06F 9/526; G06F 9/52; E05B 47/0012: FIG. 2 is a right-side elevational view of FIG. 1;
A63B 21 FO728 FIG. 3 is a left-side elevational view of FIG. 1;
See application file for complete search history. FIG. 4 is a front elevational view of FIG. 1;
FIG. 5 is a rear elevational view of FIG. 1;
(56) References Cited FIG. 6 is a top plan view of FIG. 1;
FIG. 7 is a bottom plan view of FIG. 1;
U.S. PATENT DOCUMENTS FIG. 8 is a perspective view thereof, illustrated in an unlocked
position;
D188,377 S * 7/1960 Martin ......................... D13,152 FIG.9 is a right-side elevational view of FIG. 8:
3,113,791 A * 12, 1963 Frost ....................... F16L 17 O4 FIG. 10 is a left-side elevational view of FIG. 8:
24,270 FIG. 11 is a front elevational view of FIG. 8:
D280,433 S * 9, 1985 Lincir .......................... D21,694 FIG. 12 is a rear elevational view of FIG. 8:
4,639,979 A 2, 1987 Polson FIG. 13 is a top plan view of FIG. 8; and,
4,773,641 A 9, 1988 Metz FIG. 14 is a bottom plan view of FIG.8.
5,295,933 A * 3/1994 Ciminski ........... A63B 21,0728 The broken lines showing a dumbell and weight in FIGS. 1
24,270
D437,015 S * 1/2001 Rojas ........................... D21,679 and 8 depict environmental matter and form no part of the
D550,075 S * 9/2007 Tung ... ... D8,396 claimed design.
D584,604 S * 1/2009 Baldwin ........................ D8,396 1 Claim, 8 Drawing Sheets
U.S. Patent Aug. 23, 2016 Sheet 1 of 8 US D764,608 S
FIG. 1



FIG. 8



EXHIBIT C
USOOD780860S
(12) Jones
United States Design Patent (10) Patent No.: US D780,860 S
(45) Date of Patent: . Mar. 7, 2017
(54) LOCKING BARBELL COLLAR
(71) Applicant: Dylan Jones, Santa Barbara, CA (US)
(72) Inventor: Dylan Jones, Santa Barbara, CA (US) (Continued)
(**) Term: 15 Years
(21) Appl. No.: 29/556,696 Primary Examiner — Robert M Spear
Assistant Examiner — Ryan Harvey
(22) Filed: Mar. 2, 2016 (74) Attorney, Agent, or Firm — QuickPatents, LLC;
(51) LOC (10) Cl. ............................................... 21-02 Kevin Prince
(52) U.S. Cl.
USPC ........................................... D21/694; D8/396
(58) Field of Classification Search (57) CLAM
USPC ........... 482/107, 108, 106, 44, 148, 93, 910; I claim the ornamental design for a locking barbell collar, as
D21/694,681, 679, 839; D8/396, 331, shown and described.
D8/399, 3.94: D13/152, 154; D6/682:
D23/265; 24/580.11, DIG. 44, DIG. 53,
24/273, 530, 270, 524; 285/409, 366, DESCRIPTION
285/410, 411, 112, 373; 403/318, 359.3,
403/344, 362, 17, 374.5, 109.1; 135/75, FIG. 1 is a perspective view of a locking barbell collar,
135/65, 76; 42/124, 127; 1/1 showing my new design in a locked configuration;
CPC ....... Y10S 707/99938; G06F 17/30362; G06F
9/526; G06F 9/52; E05B 47/0012 FIG. 2 is a right-side elevational view of FIG. 1;
See application file for complete search history. FIG. 3 is a left-side elevational view of FIG. 1;
FIG. 4 is a front elevational view of FIG. 1;
(56) References Cited FIG. 5 is a rear elevational view of FIG. 1;
FIG. 6 is a top plan view of FIG. 1;
U.S. PATENT DOCUMENTS FIG. 7 is a bottom plan view of FIG. 1;
FIG. 8 is a perspective view thereof, illustrated in an open
D188,377 S * 7/1960 Martin ......................... D13,152 configuration;
3,113,791 A * 12, 1963 Frost ....................... F16L 17 O4 FIG. 9 is a right-side elevational view of FIG. 8:
24,270
3,305,234. A * 2, 1967 Cline ................. A63B 21,0728 FIG. 10 is a left-side elevational view of FIG. 8:
24,270 FIG. 11 is a front elevational view of FIG. 8:
D280,433 S * 9, 1985 Lincir .......................... D21,694 FIG. 12 is a rear elevational view of FIG. 8:
D287,387 S * 12/1986 Oliver .......................... D21,694 FIG. 13 is a top plan view of FIG. 8; and,
(Continued) FIG. 14 is a bottom plan view of FIG. 8.
The broken lines showing a dumbell and weight in FIGS. 1
OTHER PUBLICATIONS and 8 depict environmental matter and form no part of the
claimed design.
Lock-Jaw PRO 2 Barbell Collar (2" / 50mm) by Lock Jaw dated
Dec. 27, 2016. Found online Jan. 5, 2017 https://www.amazon.
com/Lock-Jaw-Pro-Barbell-Collar-50mm/dp/B01 MQFOKKU2 1 Claim, 8 Drawing Sheets
US D780,860 S
Page 2
(56) References Cited 8,397,421 B2 * 3/2013 Ding ..................... F41G 11,003

42,124
U.S. PATENT DOCUMENTS D694,841 S * 12/2013 Ciminski ..................... D21,681
8,776,810 B2 * 7/2014 Lah .......................... A45B 9.00
4,639,979 A * 2/1987 Polson ............... A63B 21,0728 135.65
24,273 D712,730 S * 9/2014 Gridley .......................... D8,396
4,773.641 A 9, 1988 Metz .................. A63B 21,0728 D736,884 S * 8/2015 Lovley, II .................... D21,839
- 24f671 9,109,616 B1* 8/2015 Ballentine . F16B 7,1454
ck
5,295,933 A * 3/1994 Ciminski ........... A63B 21,0728
24,270
35.73.
4-1 ck
'58. S". F.39,
5,591,109 A * 1/1997 Strnad ................ A63B 21,0728 RSS : 833. It rR::
24,524 2008/028.7271 A1* 11/2008 Jones ................. A63B 21,0728
D412,972 S * 8/1999 Kroulik. ... D23,265 482/107
D437,015 S 1/2001 Rojas ... ... D21,679
D438,783 S * 3/2001 Elliott ..................... F16L23/10
D8,396 OTHER PUBLICATIONS
D550,075 S : 9/2007 Tung r D8,396 Rogue HG Collars by Rogue dated Jan. 5, 2012. Found online Jan.
D584,604 S ck 1/2009 Baldwin ........................ D8,396 5, 2017 http://www.roguefitness.com/rogue-hg-collars.*
7,494.451 B1 2/2009 Ramos ............... A63B 21,0728 Lock-Jaw PRO 2 by Lock.Jaw dated no date given. Found online
482/107 Jan. 5, 2017 http://lockjaw.collar.com/collections/lock-jaw-bar
7,828,340 B2 * 1 1/2010 Heelan, Jr. ............ F16L 21,065 bell-collars/products/lock-jaw-pro-2.*
285,366
D641,993 S * 7/2011 Scott .............................. D6,682 * cited by examiner
U.S. Patent Mar. 7, 2017 Sheet 1 of 8 US D780,860 S
F.G. 1



U.S. Patent Mar. 7, 2017 Sheet S of 8 US D780,860 S
FIG. 8



EXHIBIT D
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Avus Holdings v. Muir - Complaint

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Avus Holdings v. Muir - Complaint

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Case 2:19-cv-00228-DBP Document 2 Filed 04/03/19 Page 1 of 11

Steven L. Rinehart (USB #11494)

IN THE UNITED STATES DISTRICT COURT

AVUS HOLDINGS, LLC D/B/A LOCK-JAW

PATRICK C. MUIR, an individual; NEXT

PARTIES, JURISDICTION AND VENUE

1. Plaintiff Avus Holdings, LLC (“Lock-Jaw”) is a limited liability company organized

throughout the United States.

Suit”) currently at issue in this action, including:

correct copy of the ‘856 Patent is attached hereto as Exhibit A.

correct copy of the ‘D860 Patent is attached hereto as Exhibit C.

Lake County, Utah.

in Salt Lake County, Utah.

5. Clout Fitness is not a corporation in good-standing as of the filing of this action.

Salt Lake City, Utah.

7. Next Distributions, LLC is not a corporation in good-standing as of the filing of this

States, 35 U.S.C. § 1 et seq., including 35 U.S.C. § 271 and § 281.

(ii) regularly doing business or soliciting business by virtue of Defendant’s nationwide,

and/or direct their products to the Forum.

is the owner of multiple issued U.S. patents on barbell clamps.

modeled on Plaintiff’s products which infringe Plaintiff’s Patents-in-Suit. These

products of Defendants include a product entitled “Quick Release Pair of Locking 2”

below in listing on Amazon and eBay (“Accused Barbell Clamp 1”):

which is protected by one or more of the Patents-in-Suit in this action:

elsewhere in the United States.

These products are depicted below:

Defendants’ Knowledge of the Patents

enclosing the ‘856 Patent.

to Amazon, which Defendants disputed.

action at expense to Plaintiff.

infringement on baseless grounds and purported to analyze the substance of Plaintiff’s

patents, including in those communications collectively attached hereto as Exhibit E.

Accordingly, Defendants had actual notice of Plaintiff’s issued Patents-in-Suit as early as

21. Defendants failed to cease infringing Plaintiff’s Patents-in-Suit.

Patents-in-Suit prior to their receipt of Plaintiff’s November 7, 2017 letter.

Plaintiff marks its products pursuant to the requirements of 35 U.S.C. § 287, on

first manufactured and sales began.

further damage through expenditures associated with bringing this action.

FIRST CAUSE OF ACTION

damages from infringement of the ‘856 Patent.

for sale, or sell the accused products.

may also be infringed and asserted in this action.

the accused products began until such infringement ends.

SECOND CAUSE OF ACTION

damages from infringement of the ‘D860 Patent.

for sale, or sell the accused products.

inasmuch as an ordinary observer and an ordinary designer would, at a minimum, find

unless enjoined by this Court.

are willful and taken with knowledge of Plaintiff’s rights.

awarded to Plaintiff should be trebled pursuant to 35 U.S.C. § 284 in light of Defendants’

willful and deliberate infringement.

THIRD CAUSE OF ACTION

damages from infringement of the ‘D608 Patent.

for sale, or sell the accused products.

inasmuch as an ordinary observer and an ordinary designer would, at a minimum, find

unless enjoined by this Court.

are willful and taken with knowledge of Plaintiff’s rights.

awarded to Plaintiff should be trebled pursuant to 35 U.S.C. § 284 in light of Defendants’

willful and deliberate infringement.

DEMAND FOR JURY TRIAL

PRAYER FOR RELIEF

Defendants’ products from online retailers and websites.

judgment interest allowed by law;

4. For a judgment finding Defendants’ patent infringement is willful;