Anda di halaman 1dari 115

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Michael K. Friedland (State Bar No. 157,217) michael.friedland@knobbe.com Ali S. Razai (State Bar No. 246,922) ali.razai@knobbe.com Samantha Y. Hsu (State Bar No. 285,853) samantha.hsu@knobbe.com KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Telephone: (949) 760-0404 Facsimile: (949) 760-9502 Attorneys for Plaintiff PREMIER SYSTEMS USA, INC. D/B/A OLLOCLIP

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA PREMIER SYSTEMS USA, INC. d/b/a ) ) OLLOCLIP, a California corporation, ) Plaintiff, ) ) v. ) ) ) DHARMESH SHAH A.K.A. DAVID ) SHAH d/b/a SOURCE VISTA, an ) individual, and LIVINGSOCIAL, ) ) INC., a Delaware corporation, ) ) ) Defendants. ) ) ) ) Civil Action No. '13 CV2281 AJB NLS COMPLAINT FOR PATENT INFRINGEMENT, TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION DEMAND FOR JURY TRIAL

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Premier Systems USA, Inc. d/b/a Olloclip (Olloclip) hereby complains of Defendants Dharmesh Shah a.k.a. David Shah d/b/a Source Vista (Source Vista) and LivingSocial, Inc. (LivingSocial) (collectively Defendants) and alleges as follows: JURISDICTION AND VENUE 1. This Court has original subject matter jurisdiction over the claims

in this action pursuant to 28 U.S.C. 1331 and 1338 because Olloclips claims for patent infringement, trade dress infringement, false designation of origin, and unfair competition pursuant to 35 U.S.C. 271 and 15 U.S.C. 1125(a) arise under the laws of the United States. This Court has supplemental

jurisdiction over the claims that arise under state statutory and common law pursuant to 28 U.S.C. 1367(a) because the state law claims are so related to the federal claims that they form part of the same case or controversy and derive from a common nucleus of operative facts. 2. This Court has personal jurisdiction over Defendants because

Defendants have a continuous, systematic, and substantial presence within this judicial district, and by committing acts of patent infringement, trade dress infringement, false designation of origin, and unfair competition in this judicial district, including but not limited to selling infringing products directly to consumers and/or retailers in this district and selling into the stream of commerce knowing such products would be sold in California and this district, which acts form a substantial part of the events or omissions giving rise to Olloclips claims. 3. Venue is proper in this district under 28 U.S.C. 1391(b) and (c)

and 1400(a) and (b). THE PARTIES 4. Plaintiff Olloclip is a corporation organized and existing under the

laws of the State of California, having its principal place of business at 16291 -1-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Gothard Street, Huntington Beach, California 92647. 5. Olloclip is informed and believes, and therefore alleges, that

Defendant Dharmesh Shah a.k.a. David Shah does business as Source Vista (Source Vista) with a principal place of business at 5316 Ambergate Lane, Dallas, Texas 75287. 6. Olloclip is informed and believes, and therefore alleges, that

Source Vista operates the website www.sourcevista.com. 7. Olloclip is informed and believes, and therefore alleges, that

Defendant LivingSocial, Inc. (LivingSocial) is a corporation organized and existing under the law of the State of Delaware, having its principal place of business at 1445 New York Ave. NW, Suite 200, Washington, D.C. 20005. 8. Olloclip is informed and believes, and therefore alleges, that

LivingSocial operates the website www.livingsocial.com. GENERAL ALLEGATIONS 9. Olloclip designs and sells quick-connect lens attachments for smart

phone cameras, specifically for various models of the Apple iPhone (Olloclip Lens). 10. The Olloclip Lens offers the combination of a fisheye lens, a wide-

angle lens, and a macro lens in one compact unit that is easily attachable and fits in a persons pocket. 11. Olloclip was launched in 2011 and designs and manufactures the

Olloclip Lens at its headquarters in Huntington Beach, California. 12. As a result of its highly acclaimed, innovative lens design and

technology, Olloclip has grown at an impressive pace and is now the bestselling smart phone camera lens attachment in the world. 13. Olloclip diligently protects its intellectual property rights in its lens

technology as well as its valuable patents and trademarks both in the U.S. and abroad. -2-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

14.

Olloclips innovative designs and technology in the Olloclip Lens

are also protected by design and utility patents, including United States Design Patent No. D678,379 (the D379 Patent) and United States Patent No. 8,279,544 (the 544 Patent). 15. On March 19, 2013, the U.S.P.T.O duly and lawfully issued the Olloclip is the owner by

D379 Patent, entitled LENS COMPONENT.

assignment of all right, title, and interest in the D379 Patent. A true and correct copy of the D379 Patent is attached hereto as Exhibit 1. 16. On October 2, 2012, the U.S.P.T.O duly and lawfully issued the

544 Patent, entitled SELECTIVELY ATTACHABLE AND REMOVABLE LENSES FOR COMMUNICATION DEVICES. Olloclip is the owner by assignment of all right, title, and interest in the 544 Patent. A true and correct copy of the 544 Patent is attached hereto as Exhibit 2. 17. Olloclip provides the public with constructive notice of its patent

rights pursuant to 35 U.S.C. 287. 18. The Olloclip Lens bears a unique and distinctive trade dress in the

overall design of the product (Product Trade Dress). The Product Trade Dress as a whole does not affect the cost or quality of the Olloclip Lens or serve any functional purpose, and it is not the only option for the design of a clip-on lens. An example of the Product Trade Dress is depicted below.

-3-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

19.

As a result of Olloclips widespread use and display of the Product

Trade Dress in association with its Olloclip lens, (a) the public has come to recognize and identify products bearing the Product Trade Dress as emanating from Olloclip, (b) the public recognizes that products bearing the Product Trade Dress constitute high quality products that conform to the specifications created by Olloclip, and that (c) the Product Trade Dress has established strong secondary meaning and extensive goodwill. 20. Olloclip sells its Olloclip Lens in packaging that bears a unique and

distinctive trade dress consisting of the overall image of its packaging as formed by white and red lettering on black packaging and a circular transparent window on the front of the packaging through which the product is displayed (Packaging Trade Dress). The Packaging Trade Dress as a whole does not affect the cost or quality of the Olloclip Lens or serve any functional purpose, and it is not the only option for packaging a clip-on lens. An example of the Packaging Trade Dress is depicted below.

21.

As a result of Olloclips widespread use and display of the

Packaging Trade Dress in association with its Olloclip lens, (a) the public has come to recognize and identify products bearing the Packaging Trade Dress as emanating from Olloclip, (b) the public recognizes that products bearing the Packaging Trade Dress constitute high quality products that conform to the specifications created by Olloclip, and (c) the Packaging Trade Dress has -4-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

established strong secondary meaning and extensive goodwill. 22. Defendants manufacture, use, sell, offer for sale and/or import into

the United States lens attachments for smart phone camera lenses under the brands Source Vista 3-Piece Lens Kit and Inner Eye iPhone Camera Lens Set or 3 Macro (Accused Products) that infringe Olloclips intellectual property rights. 23. On August 28, 2013, Olloclip sent Defendants a cease and desist

letter requesting that Defendants cease the infringement of Olloclips 544 Patent, D379 Patent, and the Packaging Trade Dress. 24. Olloclip requested that Defendants cancel any pending sales of the

Accused Products. Defendants never responded to this request. FIRST CLAIM FOR RELIEF (Patent Infringement) (35 U.S.C. 271) 25. Olloclip repeats and realleges the allegations of Paragraphs 1

through 24 of the Complaint as if set forth fully herein. 26. 27. This is a claim for patent infringement under 35 U.S.C. 271. Defendants, through their agents, employees and servants, have,

and continue to, knowingly, intentionally and willfully directly infringe, engage in acts of contributory infringement, and/or induce the infringement of the D379 Patent by directly and/or indirectly making, using, selling, offering for sale and/or importing products into the United States that are covered by the claim of the D379 Patent, including, for example, Defendants Accused Products. 28. Defendants acts of infringement of the D379 Patent were

undertaken without permission or license from Olloclip. Defendants had actual and/or constructive knowledge of the D379 Patent, and their actions constitute willful and intentional infringement of the D379 Patent. Defendants infringed the D379 Patent with reckless disregard of Olloclips patent rights. Defendants -5-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

knew, or it was so obvious that Defendants should have known, that their actions constituted infringement of the D379 Patent. Defendants acts of

infringement of the D379 Patent were not consistent with the standards of commerce for their industry. 29. As a direct and proximate result of Defendants infringement of the

D379 Patent, Defendants have derived and received gains, profits, and advantages in an amount not presently known to Olloclip. 30. Pursuant to 35 U.S.C. 289, Olloclip is entitled to Defendants

total profits from Defendants infringement of the D379 Patent. 31. Defendants, through their agents, employees and servants, have,

and continue to, knowingly, intentionally and willfully directly infringe, engage in acts of contributory infringement, and/or induce the infringement of the 544 Patent by directly and/or indirectly making, using, selling, offering for sale and/or importing products into the United States that are covered by at least Claim 1 of the 544 Patent, including, for example, Defendants Accused Products. 32. Defendants acts of infringement of the 544 Patent were

undertaken without permission or license from Olloclip. Defendants had actual and/or constructive knowledge of the 544 Patent, and their actions constitute willful and intentional infringement of the 544 Patent. Defendants infringed the 544 Patent with reckless disregard of Olloclips patent rights. Defendants knew, or it was so obvious that Defendants should have known, that their actions constituted infringement of the 544 Patent. Defendants acts of

infringement of the 544 Patent were not consistent with the standards of commerce for their industry. 33. As a direct and proximate result of Defendants infringement of the

544 Patent, Defendants have derived and received gains, profits, and advantages in an amount that is not presently known to Olloclip. -6-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

34.

Defendants will continue to directly and/or indirectly infringe the

544 Patent to the great and irreparable injury of Olloclip, unless enjoined by this Court. 35. Pursuant to 35 U.S.C. 284, Olloclip is entitled to damages for

Defendants infringing acts and treble damages together with interest and costs as fixed by this Court. 36. Pursuant to 35 U.S.C. 285, Olloclip is entitled to reasonable

attorneys fees for the necessity of bringing this claim. 37. As a direct and proximate result of Defendants patent

infringement, Olloclip has suffered and continues to suffer great and irreparable injury, for which Olloclip has no adequate remedy at law. 38. Defendants will continue to infringe Olloclips patents, unless

enjoined by this Court. SECOND CLAIM FOR RELIEF (Federal Trade Dress Infringement) (15 U.S.C. 1125(a)) 39. Olloclip repeats and realleges the allegations of Paragraphs 1

through 38 of the Complaint as if set forth fully herein. 40. 1125(a). 41. As a result of the widespread use and display of the Packaging This is a claim for trade dress infringement under 15 U.S.C.

Trade Dress, the trade dress has acquired secondary meaning to potential purchasers, in that potential purchasers have come to associate the packaging for the Olloclip lens bearing the overall design of the Packaging Trade Dress with Olloclip. 42. Subsequent to Olloclips use and adoption of the Packaging Trade

Dress, Defendants have developed, advertised, and sold lens attachments for smart phone camera lenses in packaging that uses trade dress that is confusingly -7-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

similar to the Packaging Trade Dress.

For example, the packaging of

Defendants Inner Eye iPhone Camera Lens Set or 3 Macro product has the overall packaging design of the Olloclip Trade Dress. 43. As a result of the widespread use and display of the Product Trade

Dress, the trade dress has acquired secondary meaning to potential purchasers, in that potential purchasers have come to associate Olloclip lens bearing the overall design of the Product Trade Dress with Olloclip. 44. Subsequent to Olloclips use and adoption of the Product Trade

Dress, Defendants have developed, advertised, and sold lens attachments for smart phone camera lenses that use trade dress that is confusingly similar to the Product Trade Dress. For example, Defendants Inner Eye iPhone Camera Lens Set or 3 Macro product has the overall design of the Product Trade Dress. 45. Defendants use of these features in connection with its lens

attachments for smart phone camera lenses is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of Defendants with Olloclip. 46. Upon information and belief, Defendants acts of trade dress

infringement were undertaken willfully with full knowledge of the falsity of such designation of origin and false descriptions or representations, and with the express intent to cause confusion, and to mislead and deceive the purchasing public. 47. Olloclip is informed and believes, and thereon alleges, that

Defendants have derived and received, and will continue to derive and receive, gains, profits and advantages from Defendants trade dress infringement in an amount that is not presently known to Olloclip. By reason of Defendants actions, constituting trade dress infringement, Olloclip has been damaged and is entitled to monetary relief in an amount to be determined at trial. /// -8-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

48.

Due to Defendants actions, constituting trade dress infringement,

Olloclip has suffered and continues to suffer great and irreparable injury, for which Olloclip has no adequate remedy at law. THIRD CLAIM FOR RELIEF (Federal Unfair Competition & False Designation of Origin) (15 U.S.C. 1125(a)) 49. Olloclip repeats and re-alleges the allegations of paragraphs 1-48 of

this Complaint as if set forth fully herein. 50. This is a claim for unfair competition and false designation of

origin arising under 15 U.S.C. 1125(a). 51. Defendants use of the Product Trade Dress and Packaging Trade

Dress without Olloclips consent constitutes a false designation of origin, false or misleading description of fact or false or misleading representation of fact, which is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods or commercial activities by another person in violation of 15 U.S.C. 1125(a). 52. Such conduct by Defendants is likely to confuse, mislead, and

deceive Defendants customers, purchasers, and members of the public as to the origin of the Packaging Trade Dress and/or the Product Trade Dress, or cause said persons to believe that Defendants and/or their products have been sponsored, approved, authorized, or licensed by Olloclip or are in some way affiliated or connected with Olloclip, all in violation of 15 U.S.C. 1125(a). 53. Upon information and belief, Defendants actions were undertaken

willfully with full knowledge of the falsity of such designation of origin and false descriptions or representations, and with the express intent to cause confusion, and to mislead and deceive the purchasing public. -9-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

54.

Defendants use of the Packaging Trade Dress and the Product

Trade Dress without Olloclips consent each constitutes unfair competition with Olloclip. 55. Olloclip is informed and believes, and thereon alleges, that

Defendants have derived and received, and will continue to derive and receive, gains, profits and advantages from Defendants false designation of origin, false or misleading description of fact or false or misleading representation of fact, and unfair competition in an amount that is not presently known to Olloclip. By reason of Defendants actions, constituting false designation of origin, false or misleading description of fact or false or misleading representation of fact, and unfair competition, Olloclip has been damaged and is entitled to monetary relief in an amount to be determined at trial. 56. Due to Defendants actions, constituting false designation of origin,

false or misleading description of fact or false or misleading representation of fact, and unfair competition, Olloclip has suffered and continues to suffer great and irreparable injury, for which Olloclip has no adequate remedy at law. FOURTH CLAIM FOR RELIEF (California Statutory and Common Law Unfair Competition) (Cal. Bus. & Prof. 17200, et seq.) 57. Olloclip repeats and re-alleges the allegations of Paragraphs 1

through 56 of this Complaint as if set forth fully herein. 58. This is a claim for unfair competition, arising under California

Business & Professions Code 17200, et seq. and California common law. 59. Defendants acts of trade dress infringement and false designation

of origin complained of herein constitute unfair competition with Olloclip under the common law and statutory laws of the State of California, particularly California Business & Professions Code 17200, et seq. /// - 10 -

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

60.

Olloclip is informed and believes, and thereon alleges, that

Defendants have derived and received, and will continue to derive and receive, gains, profits and advantages from Defendants unfair competition in an amount that is not presently known to Olloclip. 61. As a direct and proximate result of Defendants wrongful acts as

alleged in this Complaint, Olloclip has been damaged and is entitled to monetary relief in an amount to be determined at trial. 62. As a direct and proximate result of Defendants willful and

malicious actions, constituting unfair competition, Olloclip has suffered and continues to suffer great and irreparable injury, for which Olloclip has no adequate remedy at law and such irreparable injury will continue unless Defendants are enjoined by this Court. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that the Court award Olloclip the following relief: A. That Olloclips D379 Patent and 544 Patent each be deemed valid

and willfully infringed by Defendants under 35 U.S.C. 271; B. That Defendants and their agents, servants, employees,

representatives, successors, and assigns, and all persons, firms, or corporations in active concert or participation with Defendants, be temporarily, preliminarily, and permanently enjoined and restrained from directly or indirectly infringing the D379 Patent or the 544 Patent in violation of 35 U.S.C. 271; C. That Defendants account for all gains, profits, and advantages

derived by Defendants infringement of the D379 Patent and the 544 Patent in violation of 35 U.S.C. 271, and that Defendants pay to Olloclip all damages suffered by Olloclip as a result of Defendants infringement pursuant to 35 U.S.C. 284; /// - 11 -

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

D.

That Olloclip be awarded Defendants total profits from the

infringement of the D379 Patent pursuant to 35 U.S.C. 289; E. An Order for a trebling of damages and/or exemplary damages

because of Defendants willful patent infringement pursuant to 35 U.S.C. 284; F. An Order adjudging that this is an exceptional case warranting an

award to Olloclip of the attorneys fees and costs incurred by Olloclip in connection with this action pursuant to 35 U.S.C. 285; G. That Defendants and their agents, servants, employees,

representatives, successors, and assigns, and all persons, firms, or corporations in active concert or participation with Defendants, be temporarily, preliminarily, and permanently enjoined and restrained from engaging in, and assisting or inducing, directly or indirectly, others to engage in the following activities: 1. using the Product Trade Dress, the Packaging Trade Dress, or any other trade dress that is confusingly similar thereto; 2. 3. 4. falsely designating the origin of Defendants goods; unfairly competing with Olloclip in any manner whatsoever; causing a likelihood of confusion or injuries to Olloclips business reputation; 5. manufacturing, using, displaying, distributing, or selling any products that use trade dress that is confusingly similar to the Product Trade Dress, or any other trade dress that is confusingly similar thereto; and 6. manufacturing, using, displaying, distributing, or selling any products in packaging that uses trade dress that is confusingly similar to the Packaging Trade Dress, or any other trade dress that is confusingly similar thereto. H. That Defendants be adjudged to have competed unfairly with - 12 -

Olloclip under the common law of the State of California;

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I.

That Defendants be adjudged to have competed unfairly with

Olloclip under California Business & Professional Code 17200, and that Defendants actions in so doing be adjudged willful and done knowingly; J. That an accounting be ordered to determine Defendants profits

resulting from their infringement, false designation of origin and unfair competition, and that Olloclip be awarded monetary relief in an amount to be fixed by the Court in its discretion as it finds just as an equitable remedy and as a remedy under 15 U.S.C. 1117 and Cal. Bus. & Prof. Code 17200, including: 1. all profits received by Defendants from sales and revenues of any kind made as a result of its infringing actions, said amount to be trebled; 2. all damages sustained by Olloclip as a result of Defendants acts of infringement, unfair competition, and false

designation of origin, and that such damages be trebled; and 3. punitive damages stemming from Defendants willful, intentional, and malicious acts. K. That Olloclip have and recover the costs of this civil action,

including reasonable attorneys fees; L. An award of pre-judgment and post-judgment interest and costs of

this action against Defendants; and, /// /// /// /// /// /// /// - 13 -

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

M. proper.

Such other and further relief as this Court may deem just and

Respectfully submitted, KNOBBE, MARTENS, OLSON & BEAR, LLP

Dated: September 23, 2013

By: s/ Ali S. Razai Michael K. Friedland Ali S. Razai Samantha Y. Hsu Attorneys for Plaintiff PREMIER SYSTEMS OLLOCLIP USA, INC. d/b/a

- 14 -

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
16268266 092013

DEMAND FOR JURY TRIAL Plaintiff PREMIER SYSTEMS USA, INC. d/b/a OLLOCLIP hereby demands a trial by jury on all issues so triable. Respectfully submitted, KNOBBE, MARTENS, OLSON & BEAR, LLP

Dated:September 23, 2013

By: s/ Ali S. Razai Michael K. Friedland Ali S. Razai Samantha Y. Hsu Attorneys for Plaintiff PREMIER SYSTEMS OLLOCLIP USA, INC. d/b/a

- 15 -

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TABLE OF EXHIBITS Page # Exhibit 1 ...................................................................................................................................16 Exhibit 2 ...................................................................................................................................58

Table of Exhibits

EXHIBIT 1

USO0D678379S

(12) United States Design Patent (10) Patent N0.2


ONeill et al.
(54) LENS COMPONENT

US D678,379 S
4* Mar. 19, 2013

(45) Date of Patent:


D387,787 S *
*

12/1997 Palmer ....................... .. D16/130


11/1998 .. 359/829

5,831,778 A *

(75)
(73)
**
( )

Inventors: Patrick (U$);Ch0I1gPak,LakeWOOd,CA(U$) ONeill, Huntington Beach, CA


Assignee: Premier Systems USA, Inc., Huntington
Beach CA (Us)

6,889,006 B2
D546,863 S *

5/2005 Kobayashi
7/2007

"
~ D16/208

Ito et a1. ..................... .. D16/219

13560302 5 *
7,600,932 B2* 7,639,353 B2

1/2008 TOkiWa et a1~

10/2009 Senba et a1. ................ .. 396/529 12/2009 Rooke

Term

14 Years

7,967,513 B2 6/2011 Zhang 8,040,621 B2* 10/2011 Chang 6131. ..


D649,970 S * 12/2011 Lyfordetal. .

.. 359/824
.D14/433

(21)

Appl.No.: 29/409,978
_

8,073,324 B2* 12/2011 Tsai ............................ .. 396/544

8,279,544 B1
2007/0275763 A1

10/2012 ONeill
11/2007 SaWadski et a1.

(22) (51)
(52) (58)

Flled' Dec'3o 2011 LOC (9) Cl. ................................................ .. 16-06


_

2007/0280677 A1
20l0/0048243 A1 2010/0328420 A1

12/2007 Drake etal. gchigeferl


r1 n,

r. eta.

U.S.Cl. ..... .. D16/134,D14/511 Field ofClassi?cation Search ............... .. D16/130,

200) Fourquin etal 12/2010 Roman

D16/134, 136, 219, 250; 359/409, 808, 823,


359/827' D14/432 433 242 239 483 511

2011/0110654 A1

5/2011 Maki

FOREIGN PATENT DOCUMENTS

D14/217, 484; 396/530, 6


See application ?le for complete search history. W0 WC 2006 002674 1/2006

(56)

References Cited
OTHER PUBLICATIONS

Us}; PAH/BENT DOCIiIMENTS D141692 S 6 1945 Neme ..................... ..


2,428,719 A *
3,090,282 A *

/ D16 136
359/823
359/823

10/1947
5/1963

Nemeth
Angenieux ..

Ktf
1
* .

AmaZon.com: Fish Eye lens +Wide Angle Lens + Macro Lens 3-in-l or O
db

PdPh
1

one
.

4G

pnne

td

on

Fb.3 2012.
e

3,133,140 A *
3,138,060 A *

5/1964 Winchell
6/1964 Eggert et a1. .

359/511
359/702

one

Yexamlner

3,454,323 A *
3,817,601 A *
3,828,991 A *

7/1969 Dierks et al. .


6/1974 Cola1ace etal.
8/1974
4/1981

359/612

Primary ExamineriPaula Greene

3,620,149 A * 11/1971 oglhflm ~~~~~ ~~


Moore ....... ..
Plummer ........ . . . ..

396/533
359/700
224/610

(74) Attorney, Agent, orFirmiKnobbe, Martens, Olson&


Bear LLP

(57) CLAIM

D248,160 S
4,264,167 A

*
*

6/1978 Feinbloom et a1

.. D16/237
396/17

D264,048 S *
D274,336 s
D274,691 S D275,766 S D295,871 S
4,760,510 A

4/ 1982 Magner ...... ..


6/1984 Huckenbeck
7/1984 10/1984 5/1988
7/1988

D8/382
.. D16/132
D8/336 .. D16/134 .. D16/130
362/365

The ornamental design for a lens component, as shoWn and


described

*
* * *
*

Wallace ..... .. Suzuki .. Charles .


Lahti ...... ..

DESCRIPTION
_ _ _ _

4,893,143 A * 1/ 1990 Sheng-Huei . 5,050,963 A * 9/1991 5,054,886 A * 10/1991 023166161.

396/530 359/808 359/823

FIG. 1 1s a front, top, and left s1de perspectlve V1eW of a lens Component; FIG 2f t 1 t1 th f.

5,311,358 A * 5/1994 Pederson etal.


5,416,544 A * 5/1995 Stapleton

359/510
396/544

FIG 3 1 mn 136V? Ion? .llewth ere?


lsarear 9% 10? V1eW_ ereo
FIG. 41s a left s1de elevat1onal V1eW thereof; FIG. 5 is a right side elevational View thereof;

5,455,711 A 4 10/1995 Palmer u 359/353 D374,878 S * 10/ 1996 Palmer ...................... D16/ 130

Page 16 Exhibit 1

US D678,379 S
Page 2
FIG. 6 is a top plan vieW thereof; FIG. 7 is a bottom plan vieW thereof; FIG. 8 is a rear, bottom, and right side perspective vieW
FIG. FIG. FIG. FIG. 25 is a right side elevational vieW thereof; 26 is a top plan vieW thereof; 27 is a bottom plan vieW thereof; 28 is a rear, bottom, and right side perspective vieW

thereof;
FIG. 9 is a front, bottom, and right side perspective vieW

thereof;
FIG. 29 is a front, bottom, and right side perspective vieW

thereof;
FIG. 10 is a front, bottom, and left side perspective vieW

thereof;
FIG. 30 is a front, bottom, and left side perspective vieW

thereof;
FIG. 11 is a front, top, and left side perspective vieW of
another embodiment of a lens component; FIG. 12 is a front elevational vieW thereof; FIG. 13 is a rear elevational vieW thereof; FIG. 14 is a left side elevational vieW thereof; FIG. 15 is a right side elevational vieW thereof;

thereof;
FIG. 31 is a front, top, and left side perspective vieW of
another embodiment of a lens component; FIG. 32 is a front elevational vieW thereof; FIG. 33 is a rear elevational vieW thereof; FIG. 34 is a left side elevational vieW thereof; FIG. 35 is a right side elevational vieW thereof;

FIG. 16 is a top plan vieW thereof; FIG. 17 is a bottom plan vieW thereof; FIG. 18 is a rear, bottom, and right side perspective vieW

thereof;
FIG. 19 is a front, bottom, and right side perspective vieW

FIG. 36 is a top plan vieW thereof; FIG. 37 is a bottom plan vieW thereof; FIG. 38 is a rear, bottom, and right side perspective vieW

thereof;
FIG. 39 is a front, bottom, and right side perspective vieW

thereof;
FIG. 20 is a front, bottom, and left side perspective vieW

thereof; and,
FIG. 40 is a front, bottom, and left side perspective vieW thereof. The features illustrated in phantom line form no part of the

thereof;
FIG. 21 is a front, top, and left side perspective vieW of
another embodiment of a lens component; FIG. 22 is a front elevational vieW thereof; FIG. 23 is a rear elevational vieW thereof; FIG. 24 is a left side elevational vieW thereof;

claimed design.
1 Claim, 40 Drawing Sheets

Page 17 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 1 0140

US D678,379 S

FIG. ]

Page 18 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 2 0f 40

US D678,379 S

Page 19 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 3 0f 40

US D678,379 S

FIG. 3

Page 20 Exhibit 1

Page 21 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 5 0f 40

US D678,379 S

/ /,/ _
FIG. 5

Page 22 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 6 0f 40

US D678,379 S

Page 23 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 7 0f 40

US D678,379 S

Page 24 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 8 0f 40

US D678,379 S

Page 25 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 9 0f 40

US D678,379 S

Page 26 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 10 0f 40

US D678,379 S

FIG. 10

Page 27 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 11 0140

US D678,379 S

FIG. 1]

Page 28 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 12 0140

US D678,379 S

Page 29 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 13 0f 40

US D678,379 S

FIG. 13

Page 30 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 14 0f 40

US D678,379 S

FIG. 14

Page 31 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 15 0f 40

US D678,379 S

FIG. 15

Page 32 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 16 0140

US D678,379 S

FIG. [6

Page 33 Exhibit 1

Page 34 Exhibit 1

US. Patent

Mar. 19, 2013

Sheet 18 0f 40

US D678,379 S

FIG. 18

Page 35 Exhibit 1

Page 36 Exhibit 1

Page 37 Exhibit 1

Page 38 Exhibit 1

Page 39 Exhibit 1

Page 40 Exhibit 1

Page 41 Exhibit 1

Page 42 Exhibit 1

Page 43 Exhibit 1

Page 44 Exhibit 1

Page 45 Exhibit 1

Page 46 Exhibit 1

Page 47 Exhibit 1

Page 48 Exhibit 1

Page 49 Exhibit 1

Page 50 Exhibit 1

Page 51 Exhibit 1

Page 52 Exhibit 1

Page 53 Exhibit 1

Page 54 Exhibit 1

Page 55 Exhibit 1

Page 56 Exhibit 1

Page 57 Exhibit 1

EXHIBIT 2

US008279544B1

(12) United States Patent


ONeill
(54) SELECTIVELY ATTACHABLE AND

(10) Patent N0.:


(45) Date of Patent:
2007/0275763 A1*

US 8,279,544 B1
Oct. 2, 2012

11/2007 SaWadski et a1. ........... .. 455/566

REMOVABLE LENSES FOR COMMUNICATION DEVICES

2007/0280677 A1

2009/0109558 A1 2009/0181727 A1

12/2007 Drake et a1.

4/2009 Schaefer 7/2009 Grif?n, Jr. et a1.


2/2010 Fourquin et a1. ......... .. 455/556.1

2010/0048243 A1 *

(75)

Inventor:
_

Patrick D ONeill, Huntington Beach,


CA (Us)
_ _

2010/0328420 A1
2011/0110654 A1

12/2010 Roman
5/2011 Maki

FOREIGN PATENT DOCUMENTS

(73) Asslgnee. Premier Systems USA, Inc, Hunt1ngton


Beach CA (Us)

JP
JP
W0

2006_25l 150
2007-206137
WO 2006/002674

9/2006
8/2007
l/2006

(*)

Notice:

Subject to any disclaimer, the term of this patent is extended or adjusted under 35
U-S-C- 15403) by 0 days-

OTHER PUBLICATIONS Amazoncom: Fish Eye lens + Wide Angle Lens + Macro Lens 3-in-1 Kit for iPod iPhone 4G, Dec. 26, 2011.
_ _ * cited by examlner
_ _ Prtmary Exammer * Mohammed Hasan

(21)
(22)

Appl. No.: 13/366,227


Filed: Feb. 3, 2012

Related U_s_ Application Data

(74) Attorney, Agent, or Firm * Knobbe Martens Olson & Bear LLP

(60)

Provisional application No. 61/454,136, ?led on Mar.

18, 2011, provisional application No. 61/503,835,


?led on Jul. 1, 2011, provisional application No.

(57)
-

ABSTRACT
-

61/585 857 ?l d
e

12 2012

Some embodlments disclosed herein relate to a lens compo


nent having one or more lenses attached to a retainer portion

on an

'

51
( )
(52) (58)

I t Cl
n G02B 7/02

(200601)

con?gured to removably attach to communication devices such as mobile phones, tablet computers, media players, and the like. The retainer portion may be con?gured so as not to
interfere With a users VieW Of a display panel Ofthe Commu nication device. In some embodiments, a plurality of lenses

US. Cl. ...................................... .. 359/827; 359/819 Field of Classi?cation Search ......... .. 359/81 14827

See application ?le for complete search history.


(56) References Cited
US. PATENT DOCUMENTS 6,889,006 B2 5/2005 Kobayashi
7,639,353 B2* 12/2009 Rooke ...................... .. 356/2392

may be provided, and the lenses may be removably attached


to the retainer portion and may be interchangeable. A struc ture for providing a ?ash may also be provided. In some embodiments, additional features may be provided, such as attachment components to facilitate attachment to stability devices, such as tripods, and to user-Wearable accessories.

7,967,513 B2

6/2011 Zhang

20 Claims, 44 Drawing Sheets

A)?

Page 58 Exhibit 2

US. Patent

Oct. 2, 2012

Sheet 1 0144

US 8,279,544 B1

FIG. 1C

FIG. 1B
//6 /Z5

/ Z/

Page 59 Exhibit 2

US. Patent

Oct. 2, 2012

Sheet 2 or 44

US 8,279,544 B1

Page 60 Exhibit 2

US. Patent

0a. 2, 2012

Sheet 3 0f 44

US 8,279,544 B1

Page 61 Exhibit 2

US. Patent

Oct. 2, 2012

Sheet 4 or 44
//0

US 8,279,544 B1

@Q 5
if)

Page 62 Exhibit 2

US. Patent

0a. 2, 2012

Sheet 5 0f 44

US 8,279,544 B1

A70

A50

FIG. 2B

Page 63 Exhibit 2

US. Patent

Oct.

US 8,279,544 B1

FIG. 3A
Page 64 Exhibit 2

US. Patent

US 8,279,544 B1

FIG. 3B

Page 65 Exhibit 2

US. Patent

0a. 2, 2012

Sheet 8 0f 44

US 8,279,544 B1

FIG. 4A

Page 66 Exhibit 2

US. Patent

0a. 2, 2012

Sheet 9 0f 44

US 8,279,544 B1

FIG. 4B

Page 67 Exhibit 2

US. Patent

0a. 2, 2012

Sheet 10 or 44

US 8,279,544 B1

FIG. 5A

Page 68 Exhibit 2

US. Patent

Oct. 2, 2012

Sheet 11 or 44

US 8,279,544 B1

'1

[$1 ,
2 Q I) .

a
205

J
FIG. 5B

Page 69 Exhibit 2

US. Patent

Oct. 2, 2012

Sheet 12 0144

US 8,279,544 B1

FIG. 6A
Page 70 Exhibit 2

US. Patent

0a. 2, 2012

Sheet 13 or 44

US 8,279,544 B1

Page 71 Exhibit 2

US. Patent

Oct. 2 2012

Sheet 14 0f44

Page 72 Exhibit 2

US. Patent

0a. 2, 2012

Sheet 15 or 44

US 8,279,544 B1

GE BR

\%\

UR QM

Page 73 Exhibit 2

US. Patent

0a. 2, 2012

Sheet 16 or 44

US 8,279,544 B1

/I

F7H IG.
[

FIG. 7C

Page 74 Exhibit 2

Page 75 Exhibit 2

US. Patent

0a. 2, 2012

Sheet 1s or 44

US 8,279,544 B1

FSF IG.
404
402
my

F8E IG.
w

/29

F81) IG.
404
Page 76 Exhibit 2

US. Patent

0a. 2, 2012

Sheet 19 or 44

US 8,279,544 B1

8] FIG.

i 1

FIG (9H

FIG. 8C

Page 77 Exhibit 2

Page 78 Exhibit 2

Page 79 Exhibit 2

Page 80 Exhibit 2

Page 81 Exhibit 2

Page 82 Exhibit 2

Page 83 Exhibit 2

Page 84 Exhibit 2

Page 85 Exhibit 2

Page 86 Exhibit 2

Page 87 Exhibit 2

Page 88 Exhibit 2

Page 89 Exhibit 2

Page 90 Exhibit 2

Page 91 Exhibit 2

Page 92 Exhibit 2

Page 93 Exhibit 2

Page 94 Exhibit 2

Page 95 Exhibit 2

Page 96 Exhibit 2

Page 97 Exhibit 2

Page 98 Exhibit 2

Page 99 Exhibit 2

Page 100 Exhibit 2

Page 101 Exhibit 2

Page 102 Exhibit 2

Page 103 Exhibit 2

Page 104 Exhibit 2

Page 105 Exhibit 2

Page 106 Exhibit 2

Page 107 Exhibit 2

Page 108 Exhibit 2

Page 109 Exhibit 2

Page 110 Exhibit 2

Page 111 Exhibit 2