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Case 1:18-cv-02908 Document 1 Filed 11/13/18 USDC Colorado Page 1 of 14

IN THE UNITED STATES DISTRICT COURT


DISTRICT OF COLORADO

Civil Action No. 1:18-cv-2908

OUTDOOR EDGE CUTLERY CORPORATION,


Plaintiff,

v.

INTERNATIONAL MARKETING SYSTEMS, LTD.


Defendant.

COMPLAINT WITH JURY DEMAND

Plaintiff Outdoor Edge Cutlery Corporation (“Outdoor Edge” or “Plaintiff”), by and

through its undersigned counsel, submits its Complaint with Jury Demand against International

Marketing Systems, Ltd. (“Defendant”), and states as follows:

I. PARTIES

1. Upon information and belief, Defendant International Marketing Systems, Ltd. is

a company formed under the laws of the state of North Dakota and has a principal place of

business at 1320 5th Ave N, Fargo, North Dakota 58102.

2. Upon information and belief, Defendant offers for sale and sells its paracord

products identified herein throughout the United States and in Colorado, including through direct

sales made by Defendant and through one or more online retailers, including www.amazon.com.

II. JURISDICTION AND VENUE

3. This is a civil action to combat Defendant’s infringement of Outdoor Edge’s

exclusive rights under the patent laws of the United States, 35 U.S.C. § 101, et seq., unfair

competition and unjust enrichment in violation of the common law of the State of Colorado,

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violation of the Colorado Consumer Protection Act, §§ 6-1-101 through 115; and for an

accounting.

4. This Court has original subject matter jurisdiction of this action pursuant to 28

U.S.C. §§ 1331 and 1338(a), and supplemental jurisdiction under 28 U.S.C. §§ 1367(a).

5. This Court has personal jurisdiction over Defendant, as Defendant conducted

substantial business in this district through direct sales to consumers and potential consumers in

Colorado, and through e-commerce sites, such as www.westcoastparacord.com and

www.amazon.com. Based upon their extensive commercial activities and presence, it is

foreseeable that Defendant regularly conducts business within this judicial district and has

availed itself of the laws of Colorado.

6. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400.

III. GENERAL ALLEGATIONS

Outdoor Edge’s History of Innovation

7. For 30 years, Outdoor Edge has been engaged in the business of designing and

distributing high quality outdoor equipment for hunting, fishing and other outdoor industries.

Outdoor Edge, through its continuous improvement and innovation programs and extensive

field-testing, provides products that not only meet but exceed a rigorous set of performance

standards. As a result of this history of improvement and innovation, Outdoor Edge has become

recognized as one of the finest designers and manufacturers of knives and knife accessories in

the United States. Outdoor Edge has been awarded over 75 U.S. patents for its novel outdoor

products, as well as many other foreign patents.

8. One of the patents Outdoor Edge has been awarded is U.S. Patent No. 9,986,795,

which was issued by the U.S. Patent & Trademark Office (“USPTO”) on June 5, 2018 (“the ‘795

Patent”). See Exhibit 1. The ‘795 Patent is directed to a novel knife and sheath

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combination. The knife may be moved within the sheath to safely release the knife for use by

the user. The ‘795 Patent was duly examined and is presumed valid and enforceable.

9. Claim 1 of the ‘795 Patent recites “In combination a knife and sheath, comprising:

a sheath having a first end and a second end with an opening, the sheath also having a selectively

deflectable arm extending away from the sheath, the arm having a proximal end interconnected

to the sheath between the first end and the second end and a distal end that comprises a detent,

the deflectable arm being of such length wherein the detent is located adjacent the second end; a

knife comprised of a blade extending from a blade base, the blade base having a first end

interconnected to the blade and a second end, the blade base also having a protrusion extending

from an outer surface of the blade base, wherein the blade is configured to be selectively inserted

and removed from said sheath; wherein the detent has a first position of use where the blade is

inserted within the sheath and the protrusion is positioned between the second end of the sheath

and the detent, wherein a concaved surface of the detend, which is spaced from the second end of

the sheath, surrounds and engages a portion of the protrusion, thereby locking the knife to the

sheath to prevent removal of the blade from the sheath, and a second position of use where the

selectively deflectable arm is deflected so at least a portion of the detent is moved relative to the

protrusion, thereby allowing the blade to be removed from the sheath and the blade base to be

moved away from the second end of the sheath; wherein the opening of the sheath is associated

with a cavity configured to selectively receive the blade, the cavity having a ceiling and a floor,

wherein a tip of the blade is spaced from the floor when the blade is fully inserted in the sheath;

and wherein movement of the detent from the first position of use to the second position of use is

achieved by rotating the blade base relative to the sheath to move the tip towards the floor.”

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10. Another patent Outdoor Edge has been awarded is U.S. Patent No. 9,999,279,

which was issued by the USPTO on June 19, 2018 (“the ‘279 Patent”). See Exhibit 2. The ‘279

Patent is directed to a knife and a knife sheath, which may receive the knife. The knife may be

moved within the sheath to safely release the knife. The ‘279 Patent was duly examined and is

presumed valid and enforceable.

11. Claim 15 of the ‘279 Patent recites “a combination knife and sheath, comprising:

a knife comprised of a blade extending from a blade base, the blade base having a first end for

interconnection to the blade and a second end opposed from the first end, the blade comprising

an upper edge defining an apex and an opposed lower sharpened edge ending in a tip wherein the

upper edge and the lower edge are joined, and the blade base also having a handle guard

extending from a location proximate to the first end of the blade base; a sheath configured to

receive the blade of the knife, the sheath having: a first end, a second open end, the second open

end associated with a cavity also defined by a ceiling, a floor, and sidewalls of the sheath,

wherein the tip is spaced from the floor when the blade is fully inserted into the sheath, a

selectively deflectable arm that ends in a detent positioned proximate to the second open end of

the sheath; wherein when the blade is fully inserted into the sheath, the detent is in a first locked

position where the handle guard is positioned between the second open end and the detent, and

wherein the detent has a second release position where the selectively deflectable arm is flexed

to move the detent so that the handle guard is able to move away from the second open end of

the sheath; and wherein a quick release movement of the knife from the sheath is achieved by

moving the detent from the first locked position to the second release position by sliding the

blade base along the second open end of the sheath to move the tip of the blade toward the floor

of the sheath.”

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12. Another patent Outdoor Edge has been awarded is U.S. Patent No. D808,239,

which was issued by the USPTO on January 23, 2018 (“the ‘239 Patent”). See Exhibit 3. The

‘239 Patent is for a novel ornamental design for a knife and associated sheath. The ‘239 Patent

was duly examined and is presumed valid and enforceable.

13. Outdoor Edge has manufactured and sold products covered by the ‘795, ‘279 and

‘239 Patents in Colorado and throughout the United States since at least as early as July 2017.

The Outdoor Edge products covered by the ‘795, ‘279 and ‘239 Patents (“the Paraclaw

Products”) have enjoyed significant commercial success, and are recognized as being affiliated

and/or associated with Outdoor Edge due in part to their unique design and configuration.

Examples of the Paraclaw Products are depicted in Exhibit 4.

IV. DEFENDANT’S UNLAWFUL CONDUCT

14. In late summer or early fall 2018, Defendant began offering for sale and selling an

infringing product referred to as the “Tactical Knife Utility Multi-Tool Buckle.” See Exhibit 5.

Defendant’s product incorporates the same claimed features as the ‘795 and ‘279 Patent, and

incorporates the same ornamental features claimed in the ‘239 Patent. For instance, the

Defendant’s product includes at least every element of claim 1 of the ‘795 Patent and claim 15 of

the ‘279 Patent. Further, the size, shape, and configuration of the blade, tang and handle portions

of Defendant’s product are identical to the design claimed in the ‘239 Patent. As shown in

Exhibit 5, the handle portion of Defendant’s product has the identical number and placement of

notches along the top surface thereof. Similarly, the sheath portion has the same generally

rectangular shape, having an extension with the same length and shape as claimed in the ‘239

Patent.

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15. Defendant has offered its product for sale via www.amazon.com. See Exhibit 6.

Upon information and belief, consumers and potential consumers may also purchase Defendant’s

products by contacting Defendant directly, including through www.westcoastparacord.com.

16. Outdoor Edge has not licensed or given authority to Defendant or anyone else to

make, have made, use, import, offer for sale or sell the products encompassed by the ‘795, ‘279

and ‘239 Patents. Thus, Defendant’s activity related to the “Tactical Knife Utility Multi-Tool

Buckle” shown in Exhibits 5 and 6 (“the Accused Products”) is unlawful and results in

infringement of Outdoor Edge’s valuable patent rights. Upon information and belief,

Defendant’s infringement has been knowingly and intentional, resulting in Defendant’s willful

infringement. Upon information and belief, Defendant’s infringing activity has occurred within

the State of Colorado, resulting in sales of the Accused Products to consumers residing in

Colorado.

V. FIRST CLAIM FOR RELIEF


(Federal Patent Infringement of U.S. Patent No. 9,986,795)

17. Outdoor Edge realleges and incorporates by reference the allegations contained in

Paragraphs 1-16 above.

18. Defendant’s activities in making, using, selling and/or offering to sell in the

United States and/or importing into the United States the Accused Products constitutes direct

infringement of the ‘795 Patent in violation of 35 U.S.C. § 271(a).

19. Defendant’s actions of making, having made, importing, using or selling products

which infringe the ‘795 Patent have been, and are, willful, deliberate and/or in conscious

disregard of Outdoor Edge’s rights, making this an exceptional case within the meaning of 35

U.S.C. § 285 and entitling Outdoor Edge to an award of it attorney’s fees and treble damages.

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20. Defendant’s infringement of the ‘795 Patent has caused and will continue to cause

damage to Outdoor Edge in an amount to be ascertained at trial.

21. Defendant’s infringement of the ‘795 Patent has caused and will continue to cause

irreparable injury to Outdoor Edge, to which there exists no adequate remedy at law.

Defendant’s infringement of the ‘795 Patent will continue unless enjoined by this Court.

VI. SECOND CLAIM FOR RELIEF


(Federal Patent Infringement of U.S. Patent No. 9,999,279)

22. Outdoor Edge realleges and incorporates by reference the allegations contained in

Paragraphs 1-21 above.

23. Defendant’s activities in making, using, selling and/or offering to sell in the

United States and/or importing into the United States the Accused Products constitutes direct

infringement of the ‘279 Patent in violation of 35 U.S.C. § 271(a).

24. Defendant’s actions of making, having made, importing, using or selling products

which infringe the ‘279 Patent have been, and are, willful, deliberate and/or in conscious

disregard of Outdoor Edge’s rights, making this an exceptional case within the meaning of 35

U.S.C. § 285 and entitling Outdoor Edge to an award of it attorney’s fees and treble damages.

25. Defendant’s infringement of the ‘279 Patent has caused and will continue to cause

damage to Outdoor Edge in an amount to be ascertained at trial.

26. Defendant’s infringement of the ‘279 Patent has caused and will continue to cause

irreparable injury to Outdoor Edge, to which there exists no adequate remedy at law.

Defendant’s infringement of the ‘279 Patent will continue unless enjoined by this Court.

VII. THIRD CLAIM FOR RELIEF


(Federal Patent Infringement of U.S. Patent No. D808,239)

27. Outdoor Edge realleges and incorporates by reference the allegations contained in

Paragraphs 1-26 above.

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28. Defendant’s activities in making, using, selling and/or offering to sell in the

United States and/or importing into the United States the Accused Products constitutes direct

infringement of the ‘239 Patent in violation of 35 U.S.C. § 271(a).

29. Defendant’s actions of making, having made, importing, using or selling products

which infringe the ‘239 Patent have been, and are, willful, deliberate and/or in conscious

disregard of Outdoor Edge’s rights, making this an exceptional case within the meaning of 35

U.S.C. § 285 and entitling Outdoor Edge to an award of it attorney’s fees and treble damages.

30. Defendant’s infringement of the ‘239 Patent has caused and will continue to cause

damage to Outdoor Edge in an amount to be ascertained at trial.

31. Defendant’s infringement of the ‘239 Patent has caused and will continue to cause

irreparable injury to Outdoor Edge, to which there exists no adequate remedy at law.

Defendant’s infringement of the ‘239 Patent will continue unless enjoined by this Court.

VIII. FOURTH CLAIM FOR RELIEF


(Colorado Common Law Unfair Competition)

32. Outdoor Edge realleges and incorporates by reference the allegations contained in

Paragraphs 1-31 above.

33. Defendant has misappropriated valuable property rights of Outdoor Edge, and is

trading on the goodwill symbolized by the distinctive and highly recognizable characteristics of

Outdoor Edge’s Paraclaw Products. Defendant’s unlawful conduct is likely to confuse and

deceive members of the purchasing public. By this and other conduct, Defendant has engaged in

unfair competition.

34. By its conduct, Defendant has caused and, unless restrained and enjoined by the

Court, will continue to cause damage to Outdoor Edge.

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35. Unless restrained and enjoined, Defendant’s acts of unfair competition will cause

Outdoor Edge irreparable injury. Outdoor Edge has no adequate remedy at law for the injuries

that have been and will continue to be sustained as a result of Defendant’s conduct.

IX. FIFTH CLAIM FOR RELIEF


(Colorado Common Law Unjust Enrichment)

36. Outdoor Edge realleges and incorporates by reference the allegations contained in

Paragraphs 1-35 above.

37. As a direct and proximate result of Defendant’s unlawful conduct, Defendant has

appreciated a benefit under circumstances that would be inequitable for Defendant to retain

without payments to Outdoor Edge.

38. Unless restrained and enjoined, Defendant’s unjust enrichment will cause Outdoor

Edge irreparable injury. Outdoor Edge has no adequate remedy at law for the injuries that have

been and will continue to be sustained as a result of Defendant’s conduct.

X. SIXTH CLAIM FOR RELIEF


(Deceptive Trade Practice Under COLO. REV. STAT. § 6-1-105)

39. Outdoor Edge realleges and incorporates by reference the allegations contained in

Paragraphs 1-38 above.

40. By the actions described above, Defendant has engaged in a deceptive trade

practice, a defined by the Colo. Rev. Stat. §§ 6-1-101 et seq.

41. Upon information and belief, the acts of Defendant have caused and will continue

to cause confusion, mistake, or deception among consumers or potential consumers as to the

source or origin of Defendant’s goods.

42. Upon information and belief, Defendant’s wrongful actions were committed with

intent to deceive the public and with willful and wonton disregard of the laws of the State of

Colorado and Outdoor Edge’s rights.

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43. As a result of Defendant’s unlawful actions, Outdoor Edge has suffered

commercial harm.

44. Outdoor Edge has been and will continue to be irreparably harmed by

Defendant’s unlawful action. Outdoor Edge has no adequate remedy at law.

XI. SEVENTH CLAIM FOR RELIEF


(Accounting)

45. Outdoor Edge realleges and incorporates by reference the allegations contained in

Paragraphs 1-44 above.

46. Defendant has manufactured, imported, sold, used and/or distributed products

which directly infringe and/or misappropriate the exclusive rights of Outdoor Edge. Defendant

has therefore deprived Outdoor Edge of sales, profits and/or royalties, which it otherwise would

have made, and which have resulted in the unjust enrichment of Defendant to the detriment of

Outdoor Edge. Defendant’s actions have resulted in improper profits, revenues, and other

financial gains to Defendant for which Outdoor Edge is entitled to reimbursement.

47. Outdoor Edge does not know the precise number of Accused Products sold or the

amount of revenue and profits realized by Defendant, which information is uniquely within the

knowledge of Defendant. Outdoor Edge is therefore entitled to an accounting, at Defendant’s

expense, to determine the amount of profits, revenue and other gains Defendant has unjustly

obtained.

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XII. PRAYER FOR RELIEF

WHEREFORE, Outdoor Edge requests that judgment be entered in its favor and against

Defendant as follows:

1. Declaration that Defendant has infringed U.S. Patent No. 9,986,795;

2. Declaration that Defendant has infringed U.S. Patent No. 9,999,279;

3. Declaration that Defendant has infringed U.S. Design Patent No. D808,239;

4. Issuing temporary, preliminary, and permanent injunctions enjoining Defendant,

its officers, agents, subsidiaries, and employees, and those in privity with or that act in concert

with any of the foregoing, from:

A. further infringing U.S. Patent No. 9,986,795, pursuant to 35 U.S.C. § 283,

by importing, making, having made, offering for sale or selling the

Accused Products;

B. further infringing U.S. Patent No. 9,999,279, pursuant to 35 U.S.C. § 283,

by importing, making, having made, offering for sale or selling the

Accused Products;

C. further infringing U.S. Design Patent No. D808,239, pursuant to 35 U.S.C.

§ 283, by importing, making, having made, offering for sale or selling the

Accused Products;

D. engaging in any other act or thing likely to confuse, mislead or deceive

others into believing that Defendant, or its products, are connected with or

sponsored, licensed or approved by Outdoor Edge; and

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E. engaging in any other activity constituting unfair competition with

Outdoor Edge, or constituting an infringement or misappropriation of

Outdoor Edge’s exclusive rights.

5. Ordering that all labels, signs, prints, packages, wrappers, receptacles, and

advertisements in the possession of Defendant bearing or referring the to Accused Products, or

any colorable imitation thereof, and all plates, molds, matrices, and other means of making the

same, be delivered to Outdoor Edge for destruction;

6. Ordering Defendant to file with the Court and serve on Outdoor Edge’s counsel

within 30 days after service of the injunction, a written report, sworn under oath, setting forth in

detail the manner and form in which Defendant has complied with the injunction;

7. For an accounting of all profits derived from Defendant’s unlawful conduct,

including infringement of U.S. Design Patent No. D808,239, at Defendant’s expense, and

trebling those damages;

8. Awarding Outdoor Edge damages arising out of Defendant’s infringement of U.S.

Patent No. 9,986,795 and U.S. Patent No. 9,999,279 in an amount no less than a reasonable

royalty for each act of infringement, pursuant to 35 U.S.C. § 284, and trebling those damages;

9. Finding that this is an “exceptional case” within the meaning of 35 U.S.C. § 285

and awarding reasonable attorneys’ fees to Outdoor Edge;

10. For exemplary and/or punitive damages;

11. For recovery of costs, pre-judgment and post-judgment interest to the extent

applicable; and

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

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JURY DEMAND

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Outdoor Edge demands a

trail by jury on all issues so triable.

Dated: November 13, 2018 Respectfully Submitted,

By: /s/ Ian R. Walsworth


Ian R. Walsworth
LEWIS BRISBOIS BISGAARD & SMITH LLP
1700 Lincoln Street, Suite 4000
Denver, Colorado 80203
Phone: (303) 861-7760
E-mail: Ian.Walsworth@LewisBrisbois.com
Attorneys for Outdoor Edge Cutlery Corporation

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CERTIFICATE OF SERVICE

I hereby certify that on this 13th day of November 2018, I presented the foregoing
COMPLAINT WITH JURY DEMAND to the Clerk of the Court for filing and uploading to the
CM/ECF system which will send notification of the filing to the following:

/s/ Ian R. Walsworth

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Case 1:18-cv-02908 Document 1-1 Filed 11/13/18 USDC Colorado Page 1 of 2
JS 44 (Rev. 06/17) CIVIL COVER SHEET
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 DEFENDANTS


OUTDOOR EDGE CUTLERY CORPORATION INTERNATIONAL MARKETING SYSTEMS, LTD.

(b) County of Residence of First Listed Plaintiff Denver County of Residence of First Listed Defendant Cass County, ND
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

Ian R. Walsworth, Lewis, Brisbois, Bisgaard & Smith


1700 Lincoln St., Ste. 4000, Denver, CO 80203 (303) 861-7760
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
 1 U.S. Government  3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State  1  1 Incorporated or Principal Place  4  4
of Business In This State

 2 U.S. Government  4 Diversity Citizen of Another State  2  2 Incorporated and Principal Place  5  5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a  3  3 Foreign Nation  6  6


Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
 110 Insurance PERSONAL INJURY PERSONAL INJURY  625 Drug Related Seizure  422 Appeal 28 USC 158  375 False Claims Act
 120 Marine  310 Airplane  365 Personal Injury - of Property 21 USC 881  423 Withdrawal  376 Qui Tam (31 USC
 130 Miller Act  315 Airplane Product Product Liability  690 Other 28 USC 157 3729(a))
 140 Negotiable Instrument Liability  367 Health Care/  400 State Reapportionment
 150 Recovery of Overpayment  320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS  410 Antitrust
& Enforcement of Judgment Slander Personal Injury  820 Copyrights  430 Banks and Banking
 151 Medicare Act  330 Federal Employers’ Product Liability  830 Patent  450 Commerce
 152 Recovery of Defaulted Liability  368 Asbestos Personal  835 Patent - Abbreviated  460 Deportation
Student Loans  340 Marine Injury Product New Drug Application  470 Racketeer Influenced and
(Excludes Veterans)  345 Marine Product Liability  840 Trademark Corrupt Organizations
 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY  480 Consumer Credit
of Veteran’s Benefits  350 Motor Vehicle  370 Other Fraud  710 Fair Labor Standards  861 HIA (1395ff)  490 Cable/Sat TV
 160 Stockholders’ Suits  355 Motor Vehicle  371 Truth in Lending Act  862 Black Lung (923)  850 Securities/Commodities/
 190 Other Contract Product Liability  380 Other Personal  720 Labor/Management  863 DIWC/DIWW (405(g)) Exchange
 195 Contract Product Liability  360 Other Personal Property Damage Relations  864 SSID Title XVI  890 Other Statutory Actions
 196 Franchise Injury  385 Property Damage  740 Railway Labor Act  865 RSI (405(g))  891 Agricultural Acts
 362 Personal Injury - Product Liability  751 Family and Medical  893 Environmental Matters
Medical Malpractice Leave Act  895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS  790 Other Labor Litigation FEDERAL TAX SUITS Act
 210 Land Condemnation  440 Other Civil Rights Habeas Corpus:  791 Employee Retirement  870 Taxes (U.S. Plaintiff  896 Arbitration
 220 Foreclosure  441 Voting  463 Alien Detainee Income Security Act or Defendant)  899 Administrative Procedure
 230 Rent Lease & Ejectment  442 Employment  510 Motions to Vacate  871 IRS—Third Party Act/Review or Appeal of
 240 Torts to Land  443 Housing/ Sentence 26 USC 7609 Agency Decision
 245 Tort Product Liability Accommodations  530 General  950 Constitutionality of
 290 All Other Real Property  445 Amer. w/Disabilities -  535 Death Penalty IMMIGRATION State Statutes
Employment Other:  462 Naturalization Application
 446 Amer. w/Disabilities -  540 Mandamus & Other  465 Other Immigration
Other  550 Civil Rights Actions
 448 Education  555 Prison Condition
 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
 1 Original  2 Removed from  3 Remanded from  4 Reinstated or  5 Transferred from  6 Multidistrict  8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. §§ 271, 281-285
VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement
VII. REQUESTED IN  CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND:  Yes  No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
11/13/2018 /s/ Ian R. Walsworth
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


Case 1:18-cv-02908 Document 1-1 Filed 11/13/18 USDC Colorado Page 2 of 2
JS 44 Reverse (Rev. 06/17)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44


Authority For Civil Cover Sheet

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
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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

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Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 1 of 16

EXHIBIT 1
Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 2 of 16

US009986795B2

(12) United States Patent ( 10) Patent No.: US 9,986 ,795 B2


Bloch (45) Date of Patent: Jun . 5 , 2018
(54) BRACELET WITH INTEGRATED KNIFE B26B 11/008 (2013 .01 ); B26B 29/025
(71) Applicant: Outdoor Edge Cutlery Corporation , (2013.01); B67B 7700 (2013.01); G04B
37/0008 (2013 .01) ; G04B 47/00 ( 2013.01) ;
Denver, CO (US) G06K 19 /0723 ( 2013 .01)
(72 ) Inventor: David R . Bloch , Morrison, CO (US ) ( 58 ) Field of Classification Search
USPC ........... 63 / 1.12 ; 224 /232 ; 30 /151, 162 , 164
(73 ) Assignee: OUTDOOR EDGE CUTLERY See application file for complete search history .
CORPORATION , Denver, CO (US)
(56 ) References Cited
( * ) Notice : Subject to any disclaimer, the term of this U . S . PATENT DOCUMENTS
patent is extended or adjusted under 35
U .S .C . 154 (b ) by 0 days. days. 2 ,391,574 A 12 / 1945 Glenn
2 ,527 ,710 A 10 / 1950 Davidson , Jr.
(21 ) Appl. No.: 15/695,390 (Continued )
( 22 ) Filed : Sep . 5 , 2017 FOREIGN PATENT DOCUMENTS
(65 ) Prior Publication Data GB 329566 A * 5 / 1930 ...... B26B 3 /06
US 2017/0360161 A1 Dec. 21, 2017 GB 329566 7 / 1930
Related U .S . Application Data OTHER PUBLICATIONS
(63) Continuation of application No. 15/605,410, filed on Partial European Search Report, dated Nov. 2 , 2017 , 11 pages.
May 25 , 2017
( Continued ) (Continued )
(51) Int. Ci. Primary Examiner — Jack W Lavinder
A44C 5 / 00 ( 2006 .01) (74 ) Attorney, Agent, or Firm — Lewis Brisbois Bisgaard
B26B 3/03 ( 2006 .01) & Smith LLP ; Craig W . Mueller
B26B 29 /02 ( 2006 .01)
G06K 19 /07 ( 2006 .01 ) (57) ABSTRACT
G04B 37 / 00 ( 2006 .01) A bracelet or flexible band comprised of a flexible member
G04B 47 /00 ( 2006 .01 ) that on one end is interconnected to a knife and on another
B26B 11 /00 ( 2006 .01 ) end , is connected to a sheath that selectively receives the
B67B 700 ( 2006 .01) knife in the locking fashion . When needed , the knife is
A44C 5 / 20 (2006 .01) rotated within the sheath to facilitate release thereof from a
A44C 15 /00 ( 2006 .01 ) lock that is integral with the sheath . Once removed from the
A45D 29 /04 ( 2006 .01 ) sheath , the knife can be used for self -defense , cutting rope
(52 ) U . S . CI. or cord in an emergency situation , or for general utility
CPC .......... . A44C 5 /003 ( 2013 .01) ; A44C 5 /0061 cutting tasks.
(2013 .01); A44C 5 /2076 (2013.01); A44C
15 /0015 (2013 . 01 ) ; A45D 29 / 04 ( 2013.01) ; 19 Claims, 8 Drawing Sheets

18 6258
46 )
1 Truth
-
- -
-

----- -
--= == =
-

70 66 74 36 34 90
EXHIBIT 1
Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 3 of 16

US 9 , 986 , 795 B2
Page 2

Related U .S . Application Data D723 , 132


9 , 044, 870
S
B2
2 /2015
6 / 2015
Borland
Yeh et al.
(60 ) Provisional application No. 62 /341, 913 , filed on May 9 , 095,202 B1 8 / 2015 Vanheteren
26 , 2016 . 9 ,254,577 B2 2 /2016 Crawford
D770 ,327 S 11/ 2016 Chan
References Cited D772 , 006 S 11/ 2016 Squiers et al.
( 56 ) 2005 /0204565 AL 9 /2005 Wong
2006 /0021229 AL 2 /2006 Wu
U . S . PATENT DOCUMENTS 2007/0266569 A1 * 11/ 2007 Nenadic ...... B26B 3 /06
2 ,618 , 057 A 11 / 1952 Gibson 30 / 151
2 ,783, 536 A 3 / 1957 Boast 2008 /0250652 Al 10 /2008 Fellhoelter
2 ,901, 823 A 9 / 1959 Widen 2010 /0270343 A 10 /2010 Clark
3 ,524 ,570 A 8 / 1970 Seguine 2011/0139645 A1 6 / 2011 Ranieri
7 / 1974 Collins 2012 /0102759 Al 5 / 2012 Huang
3 ,823, 421 A 2013 /0031935 A1 * 2/ 2013 Kelleghan ... A44C 5 /00
3 ,823, 522 A 7 / 1974 Forgett 63 / 1 . 12
4 , 150 ,464 A 4 / 1979 Tracy
4 ,404 ,747 A 9 / 1983 Collins 2014 /0109615 A1 * 4 / 2014 Millan B26B 9/ 00
D300 , 112 S 3 / 1989 Osterhout 63 / 1. 12
4 ,835 , 863 A 6 / 1989 Salandre 2014 /0137414 A1 5 /2014 Murphy et al.
4 ,854 ,044 A 8 / 1989 Collins 2014 /0338197 AL 11/2014 Frazer
D321,548 S 11/ 1991 Collins 2015 /0190938 AL 7 /2015 Kommer
5 ,067,239 A 11/1991 Collins 2015 /0208795 A1 7 / 2015 Vanheteren
5 ,092 ,046 A 3 / 1992 Collins
5 , 123 , 167 A 6 / 1992 Kelley OTHER PUBLICATIONS
5 , 146 ,684 A 9/ 1992 Hagler
5 , 222 ,279 A 6 / 1993 Frano et al .
5 , 379 ,520 A 1/ 1995 Collins “ 5 in 1 Outdoor Survival Gear Escape Paracord Bracelet Flint/
5 ,507, 076 A 4 / 1996 Anscher Whistle /Compass/Scraper,” believed to be on sale at least by Aug .
5 ,511,311 A 4 / 1996 Collins 17 , 2016 , retrieved from https: //www .boardwalkbuy. com /products /
5 ,647 ,130 A 7 / 1997 Collins 5 -in - 1 -outdoor-survival- gear-escape - paracord -bracelet- flint
5 ,794 ,347 A 8 / 1998 Serpa
5 ,915 , 793 A * 6 / 1999 Serpa ........... B26B 29/ 025 whistle -compass -scraper ?utm _medium = cpc
224 / 232 & utm _ source = googlepla
6 , 293, 448 B1 9 / 2001 Pietrusynski & gclid = CjwKEAjwltC9BRDRvMfD2N66n1ISJA
6 , 442, 843 B1 9 / 2002 Jue Cq8591rKgFVKcoy8Fg9KD9
D465, 542 S 11/ 2002 Bloch v2gMf9 _ vb1Aw800EvLi6BtluRoClwPw _wcB , 4 pages .
7 ,080 ,456 B2 7 /2006 Wu
7 ,434,316 B2 10 / 2008 Nenadic “ Hidetoshi Nakayama Knife Archives,” believed to be on sale at
7 , 469, 475 B2 12 / 2008 Wong least by Aug . 17 , 2016 , retrieved from http ://www .artknives.com /
7 ,597,223 B1 10 / 2009 Martinez hidetoshi-nakayama-archives.html, 6 pages.
8 ,322, 586 B2 * 12 / 2012 Davis A45F 5 /02
224 / 197 * cited by examiner
Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 4 of 16

U . S . Patent Jun. 5 , 2018 Sheet lof8 | US 9, 986, 795 B2

00000
FIG. 1

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FIG . 2
Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 5 of 16

U . S . Patent Jun . 5 , 2018 Sheet 2 of 8 US 9,986 ,795 B2

LO
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Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 6 of 16

U . S . Patent Jun . 5 , 2018 Sheet 3 of 8 US 9 ,986 ,795 B2

82 58 26

Milano
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FIG .6
Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 7 of 16

U . S . Patent Jun . 5 , 2018 Sheet 4 of 8 US 9,986 ,795 B2

30

1111 11 11II
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Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 8 of 16

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Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 9 of 16

U . S . Patent Jun . 5 , 2018 Sheet 6 of 8 US 9,986 ,795 B2

28
102

74 36 34 106

FIG . 10
Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 10 of 16

U . S . Patent Jun . 5 , 2018 Sheet 7 of 8 US 9 , 986 ,795 B2

102

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Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 11 of 16

U . S . Patent Jun . 5 , 2018 Sheet 8 of 8 US 9 ,986 ,795 B2

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Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 12 of 16

US 9, 986 ,795 B2
BRACELET WITH INTEGRATED KNIFE extending therefrom . A top surface of the blade and /or blade
base may include a curved or ramped thumb grip with
This application is a continuation of U .S . patent applica serrations to provide a substantially non -slip gripping sur
tion Ser. No. 15 /605,410 , filed May 25 , 2017 , which claims face (also known in the art as “ jimping ” ). Because at least
the benefit of U . S . Provisional Patent Application Ser. No. 5 a portion of the flexible band functions as a portion of the
62/341 ,913, filed May 26 , 2016 , the entireties of which are knife handle , upward force on the blade 's cutting edge can
incorporated by reference herein . cause the band to flex and the blade to rotate backward ,
which can cause ineffective cutting force . Gripping areas on
FIELD OF THE INVENTION the blade and / or the blade base acts as a purchase area that
10 receives the user' s thumb or forefinger to prevent upward
Embodiments of the present invention generally relate to rotation of the blade; and allows the short blade base and
a bracelet comprising a first end and a second end intercon - flexible band to effectively function as a rigid knife handle .
nected by a knife selectively enclosed within a sheath to The knife, sheath , and band form a bracelet, which may
form a closed loop . be circular, when the knife is inserted into the sheath . When
15 the knife is positioned within the sheath , it is locked such
BACKGROUND OF THE INVENTION that the knife or sheath must be moved in a specific fashion
to release the knife . That is, the sheath of some embodiments
It is often advantageous to carry a knife to perform of the present invention includes a positive locking mecha
everyday tasks , to cut a seatbelt or a tangled line in an nism that secures the knife within the sheath . The positive
emergency , or for self- defense . One problem with most 20 locking mechanism improves safety and prevents loss
knives is that they must be stored in pockets , handbags, or because the knife is secured and accidental or unintended
in a sheath worn on a belt, which can be cumbersome and release is eliminated . Release of the positive locking mecha
unsightly . It can also be time consuming to draw a knife nism of some embodiments requires opposing forces acting
from a pocket, handbag , or sheath , especially in a stressful on the sheath and the blade base and /or flexible band. One
or emergency situation . One example of an emergency is a 25 force is transferred from the thumb or forefinger to press
car accident, wherein the seatbelt will not release and a down on the top of the sheath . The second force is generated
cutting implement is needed to cut the seatbelt to allow by the thumb or forefinger in an opposing direction to the
vehicle extrication . It is easy to envision in this situation , it first force , which urges the blade base along an outer surface
may be difficult or impossible for one to access a pocket or associated with the sheath opening (which may be arcuate )
handbag to retrieve a knife to cut the seatbelt and free 30 and eventually allows for removal of the knife. As knife
themselves . Further, in a self-defense situation , the extra removal requires opposing forces be applied in a specific
time it takes to retrieve a knife from a pocket or handbag fashion to both the top of the sheath and the blade base or
could result in serious injury or death . If a person is in a flexible band , unintended or accidental release of the knife
struggle , accessing a knife from a pocket or handbag may be is drastically reduced or eliminated ; even in a hand- to -hand
difficult or impossible . 35 struggle when an attacker applies pulling or twisting forces
It is , thus , a long - felt need to provide an accessible knife directly to the bracelet or to the wearer ' s wrist in close
that can be quickly and easily deployed that need not fit into proximity to the bracelet.
a pocket, on a belt, or in a handbag . The knives contemplated The positive lock of one embodiment of the present
by embodiments of the present invention may be worn about invention comprises a detent that captures the handle guard
one's wrist, ankle , or waist and , thus, can be quickly and 40 extending from the blade base . The handle guard increases
easily deployed any time if needed in an emergency, for safety and helps avoid injury by preventing the user 's fingers
self -defense , or when the need arises to cut a rope or cord , from sliding past the blade base and onto the blade edge . The
open a box , or open a letter, etc . handle guard has a portion that engages the deflectable
detent that is selectively interconnected to the sheath by way
SUMMARY OF THE INVENTION 45 of a flexible arm . When relaxed , the detent is near the sheath ,
which traps the handle guard between the open end of the
It is one aspect of some embodiments of the present sheath and a stop on the detent. The deflectable arm is urged
invention to provide a knife comprising the blade extending away from the sheath when the blade base is rotated within
from a blade base that supports the blade and functions as a a plane corresponding to the outer surface of the sheath .
small handle portion . The blade base and handle may be an 50 Such movement will urge the handle guard against the
integral unit, i.e ., a skeleton knife . The blade base is also detent, thereby deflecting the arm and biasing the detent
operatively interconnected to one end of a flexible band or away from the sheath which allows the knife to be removed .
strap . The other end of the knife is selectively interconnected The detent may include a socket that forms a seat that snugly
to a sheath that selectively receives the blade. The opposite receives a bulged portion of the handle guard when the knife
end of the sheath may be either permanently fixed or 55 is within the sheath . This feature helps ensure the knife stays
selectively interconnected to an opposite end of the flexible within the sheath when the lock is in place , i.e ., when the
band by way of a clasp and hasp , a loop and T-post detent is released .
connection , a hook and eye , or with a magnetic / ferromag - As mentioned above, the knife is released from the sheath
netic interaction . How the sheath interconnects to the flex - by movement of the knife within the sheath in a specific
ible band increases safety as the blade is enclosed in the 60 fashion . The sheath has an internal volume with a ceiling and
sheath before the flexible band is wrapped around the wrist. a floor. A gap is provided between the knife 's cutting edge
Without this connection scheme, the knife must be inserted and the floor of the sheath when the knife is within the
into the sheath to attach to the bracelet to one 's wrist, which sheath . The gap allows the knife to be rotated within the
could cause serious injury as the sharp knife blade must be sheath and the blade base relative to the sheath , which urges
placed near the user ' s wrist to affect bracelet closure . 65 the handle guard against the detent to deflect the arm and
As mentioned above, the knife blade extends from a base , facilitate movement of the bulge from the socket. To facili
which in one embodiment includes a protective handle guard tate rotation of the blade within the sheath , the blade may be
Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 13 of 16

US 9, 986 , 795 B2
shaped to provide a pivot point that selectively engages the reveal the knife . Those of ordinary skill in the art will
sheath ceiling. A bottom surface of the sheath may be appreciate that some embodiments may function as a heart
non - continuous or the arm may have a groove that receives rate monitor or fitness tracker.
the blade tip to facilitate blade rotation and release . It is , thus, one aspect of some embodiments of the present
It is still yet another aspect of some embodiments of the 5 invention to provide a bracelet with in integrated knife ,
present invention to provide a flexible wristband made of comprising: a sheath having a first end and a second open
flexible , resilient material. In one embodiment, the wrist- end ; a knife comprised of a blade extending from a blade
band is formed of braided paracord . Other embodiments of base , the blade base having a first end for interconnection to
the present invention employ a metal bracelet, commonly the blade and a second end, the blade base also having a
found on many watches ; or a rubber band , found on many 10 handle guard extending therefrom ; a flexible band having a
dive watches. One of ordinary skill in the art will appreciate first end operatively interconnected to the first end of the
the flexible band need not be associated with a user 's wrist. sheath , and a second end operatively interconnected to the
More specifically , in one embodiment of the present inven - second end of the blade base ; wherein the sheath includes a
tion the flexible portion interconnected to the knife and selectively deflectable arm that ends in a detent positioned
sheath is a belt, wherein the knife and sheath form a belt 15 adjacent the second open end of the sheath ; and wherein the
buckle or a secondary belt clasp . In operation , a user simply detent has a first position of use where the handle guard is
moves a knife relative to the sheath to release the knife and positioned between the second open end of the sheath and
open the belt. The end of the flexible band is interconnected the detent, and a second position of use where the detent is
to a T -post or hook extending from the sheath . One of deflected such that the handle guard is free to move away
ordinary skill in the art will appreciate there are other ways 20 from the second open end of the sheath .
to interconnect the ends of the flexible band to the knife and It is another aspect of some embodiments to provide a
sheath without departing from the scope of the invention . bracelet with an integrated device , comprising: a sheath
The wristband may be made of any material such as having a first end and a second open end ; a device comprised
paracord , a stretch elastic material, stainless steel, Kevlar , of a first end configured to selectively fit within the sheath ,
rubber metal, or carbon fiber . The wristband can be made of 25 and a second end with a protrusion extending therefrom ; a
a bi -stable spring that selectively stiffens , i. e., the material of flexible band having a first end operatively interconnected to
a slap bracelet. In one embodiment of the present invention , the first end of the sheath , and a second end operatively
the blade of one embodiment is made of stainless steel ( e. g., interconnected to the second end of the second end of the
8Cr13MOV ) . And , in one embodiment of the present inven - device ; wherein the sheath includes a selectively deflectable
tion , the blade is a 1 .5 - inch hawk -bill blade, but any blade 30 arm that ends in a retaining member positioned adjacent the
may be used such as a drop point blade . The sheath and second open end of the sheath ; and wherein the retaining
blade base may bemade of glass/nylon polymer or any other member has a first position of use where the protrusion is
suitable plastic . positioned between the second open end of the sheath and
As one of ordinary skill in the art will appreciate , the the retaining member, and a second position of use where the
component fit within the sheath need not be a knife . For 35 retaining member is deflected such that the device is free to
example , some embodiments of the present invention move from of the sheath .
employ a can opener, a flashlight, a flint , an RFID device , a It is still yet another aspect of some embodiments of the
key, a USB device , a fingernail file , a multi -tool, a compass , present invention to provide a sheath , comprising: a first
a pen , a computer memory device , a whistle, an energy surface ; a second surface spaced from the first surface ; a
storage device , or oil, wax , liquid , or other common material 40 third surface interconnecting the first surface and the second
that can be vaporized or atomized ( e .g ., smoking oil). In this surface ; a fourth surface interconnecting the first surface and
later example , the bracelet could function as a smoking the second surface ; wherein the first surface , the second
device , wherein the sheath or component that fits into the surface , the third surface , and the fourth surface define an
sheath accommodates a heating device . The opposite end of internal volume; an arm deflectably attached to the fourth
the bracelet would comprise a device that selectively fits 45 surface ; and a detent interconnected to an end of the arm , the
within a user 's mouth , wherein he or she would draw detent adapted to selectively engage a portion of a device
vaporized smoking products similar to a (“' vape pen " ) . The that is adapted to fit within the volume to lock the device
smoking product could be stored in oil form in at least one within the sheath .
end of the bracelet or in a flexible tube incorporated into the The Summary of the Invention is neither intended nor
flexible portion of the bracelet. In one embodiment of the 50 should it be construed as being representative of the full
present invention , the item associated with the blade base are extent and scope of the present invention . That is, these and
selectively interchangeable . For example , the knife can be other aspects and advantages will be apparent from the
removed such that the blade base can receive USB storage disclosure of the invention ( s) described herein . Further, the
device . Removeability of the knife also allows it to be above - described embodiments, aspects, objectives, and con
replaced when it becomes dull. 55 figurations are neither complete nor exhaustive . As will be
Further, the sheath ( or component received therein ) may appreciated , other embodiments of the invention are pos
include additional functionality / features, such as a compass , sible using, alone or in combination , one or more of the
a watch , an RFID device , or other wireless data transferring features set forth above or described below . Moreover,
devices that allow individuals to unlock doors , pay for references made herein to " the present invention ” or aspects
merchandise , transmit their identity or vital statistics . In 60 thereof should be understood to mean certain embodiments
some other embodiments, the sheath includes components of the present invention and should not necessarily be
that allow it to communicate with a cellular phone or other construed as limiting all embodiments to a particular
device via wireless communication means such as Wi-Fi or description . The present invention is set forth in various
Bluetooth . That is , the sheath may include a screen and levels of detail in the Summary of the Invention as well as
electronic components and function somewhat like an Apple 65 in the attached drawings and the Detailed Description of the
Watch . The flexible portion of the bracelet may also accom - Invention and no limitation as to the scope of the present
modate a wristwatch , wherein the clasp can be separated to invention is intended by either the inclusion or non - inclusion
Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 14 of 16

US 9 ,986 ,795 B2
5
of elements , components, etc . in this Summary of the - continued
Invention . Additional aspects of the present invention will
becomemore readily apparent from the Detail Description , No. Component.
particularly when taken together with the drawings. Sheath
Knife
BRIEF DESCRIPTION OF THE DRAWINGS Blade base
Handle

WN
The accompanying drawings, which are incorporated in
and constitute a part of the specification , illustrate embodi
ments of the invention and together with the general descrip - 10
tion of the invention given above and the detailed descrip
Aw Handle guard
Detent
Socket
Outer surface
Sheath first end
46 Hook
tion of the drawings given below , serve to explain the 50 Sheath second , open end
principles of these inventions. 54 Blade
FIG . 1 is a perspective view of a bracelet of one embodi Upper edge
ment of the present invention ; 15 Ceiling
Floor
FIG . 2 is a bottom plan view of the bracelet; Tip
FIG . 3 is a front elevation view of the bracelet; Arm
FIG . 3A is front elevation view showing a knife removed Apex
from a sheath ; Loop
Handle guard end
FIG . 4 is a perspective view of the bracelet in a second , 20 Bulge
open position of use wherein a blade has been removed from 98 Nose
the sheath ; 102 Upper surface
106 Lower surface
FIG . 5 is a partial cross-sectional front elevation view 110 Watch
showing the knife removed from the sheath ;
FIG . 6 is a partial cross -sectional front elevation view 25
showing the interaction between the knife and sheath as the The drawings are not necessarily to scale . In certain
knife is initially positioned within the sheath with the handle instances, details that are not necessary for an understanding
guard clear of a locking detent; of the invention or that render other details difficult to
FIG . 7 is a detailed view showing the interaction between perceive may have been omitted . It should be understood , of
the handle guard and the positive locking detent; 30 course, that the invention is not necessarily limited to the
FIG . 8 is a front elevation view showing the blade particular embodiments illustrated herein .
positioned within the sheath and in the locked position ;
FIG . 9 is a detailed view of FIG . 8 ; DETAILED DESCRIPTION
FIG . 10 is a perspective view illustrating how knife
release is initiated ; 35 FIGS. 1 - 7 show a bracelet 2 of one embodiment of the
FIG . 11 is a front elevation view showing the knife seated present invention . The bracelet 2 is comprising a flexible
in the sheath and positively locked , a portion of the sheath band 6 having a first end 10 and a second end 14 . The first
is shown transparent ; end 10 of the flexible band 6 is interconnected to a sheath 18
FIG . 12 is a front elevation view showing the knife at an and the second end 14 is interconnected to a knife 22 . The
initial phase of removal from the sheath , wherein an arm is 40 flexible band 6 of one embodiment of the present invention
fully deflected , a portion of the sheath is shown transparent; is formed of braided paracord . However , those of ordinary
FIG . 13 is a front elevation view showing the knife at an skill in the art will appreciate that other flexible bands,
intermediate phase of removal from the sheath , wherein the straps, bow strap, or harness may be employed without
arm is deflected and the bulge on the handle guard has departing from the scope of the invention .
cleared the nose on the detent, a portion of the sheath is 45 The knife 22 when positioned within the sheath as shown
shown transparent; in FIGS. 1 - 3 , forms an article adapted to fit around a user' s
FIG . 14 is front elevation view showing the knife at a final wrist, ankle , or waist; or be incorporated into any strap , such
stage of removal from the sheath , wherein the arm is in a as a bow strap . A bracelet 2 is provided in the figures
relaxed , un - deflected position , a portion of the sheath is provided herein . The clasp of the bracelet comprises the
shown transparent; 50 sheath 18 that selectively receives the knife 22 . The knife 22
FIG . 15 is a perspective view of a bracelet of another can cut items for everyday utility, in an emergency , or be
embodiment of the present invention that incorporates a used for self-defense .
watch ; and As shown in FIGS. 1 -4 , the knife 22 includes a blade 54
FIG . 16 is a top perspective view of the combination interconnected to a blade base 26 . The blade base 26 and a
watch and bracelet shown in FIG . 15 . 55 portion of the flexible band 6 define a handle 28 intercon
To assist in the understanding of one embodiment of the nected to the blade. The blade base 26 includes a handle
present invention the following list of components and guard 30 selectively locked by a movable detent 34 associ
associated numbering found in the drawings is provided ated with the sheath . A socket 36 of the detent 34 and an
herein : outer surface 38 of the sheath trap the handle guard to lock
60 the blade within the sheath . The sheath 18 has a first end 42
which may have a hook 46 , or another device, for selective
No. Component. receipt of the first end of the flexible band 6 . A second end
2 Bracelet 14 of the flexible band is tied or otherwise interconnected to
Flexible band the blade base 26 . The sheath 18 may have a curved inner
10 Flexible band first end 65 surface , i. e ., the surface configured to contact the user ' s
14 Flexible band second end body, and the blade base 26 may have a complementary
arcuate surface (see also , FIG . 3A ). The curved surface or
Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 15 of 16

US 9, 986 , 795 B2
surfaces enhance user comfort and ergonomics . Further, While various embodiments of the present invention have
these surfaces may incorporate a cushion to increase com - been described in detail, it is apparent thatmodifications and
fort. alterations of those embodiments will occur to those skilled
FIGS. 4 and 5 show the bracelet 2 in an open configura in the art. It is to be expressly understood that such modi
tion . Here , the knife 22 , which comprises a blade 54 and the 5 fications and alterations are within the scope and spirit of the
blade base 26 , hasbeen removed from the sheath 18 , thereby present invention , as set forth in the following claims.
allowing the flexible band to elongate. The handle guard 30 Further, it is to be understood that the invention (s ) described
protects the user' s fingers from sliding past the blade base herein is not limited in its application to the details of
and unintended contact with the blade 54 and cutting edge . construction and the arrangement of components set forth in
The blade base 26 and the blade 54 may also include a 10 the preceding description or illustrated in the drawings. The
knurled upper edge 58 that enhances gripping and serves as invention is capable of other embodiments and of being
a surface for user 's thumb or forefinger to press downward practiced or of being carried out in various ways . Also , it is
on the blade 54 to prevents upward rotation of the blade that to be understood that the phraseology and terminology used
may result from band flex . herein is for the purpose of description and should not be
FIGS. 6 -9 illustrate how the knife is locked within the 15 regarded as limiting. The use of “ including," " comprising ,”
sheath . The sheath 18 includes a ceiling 62 and a floor 66 , or “ having” and variations thereofherein is meant to encom
wherein a blade tip 70 is spaced from the floor 66 when the pass the items listed thereafter and equivalents thereof as
knife is fully inserted within the sheath 18 . As the blade 54 well as additional items.
is initially inserted within the sheath , as shown in FIG . 6 , the
handle guard 30 is spaced from the detent 34 . Further 20 What is claimed is :
insertion of the blade 54 into the sheath 18 will cause the end 1 . In combination a knife and sheath , comprising:
90 of the handle guard to come into close proximity or a sheath having a first end and a second end with an
engage the detent as shown in FIG . 7 . Still further blade opening, the sheath also having a selectively deflect
insertion will engage a bulge 94 of the handle guard 30 onto able arm extending away from the sheath , the arm
a nose of the detent 98 , thereby flexing the arm 74 and 25 having a proximal end interconnected to the sheath
moving the detent 34. The final locking step is performed by between the first end and the second end and a distal
rotating the knife base 26 downwardly along the second , end that comprises a detent, the deflectable arm being
open end of the sheath 50 , which positions the handle guard of such length wherein the detent is located adjacentthe
30 between the second end of the sheath 50 and the detent second end ;
34 , wherein the bulge 94 is firmly seated in a socket 36 30 a knife comprised of a blade extending from a blade base ,
provided by the detent. FIGS . 8 and 9 show the final locking the blade base having a first end interconnected to the
configuration , wherein arm 74 has relaxed and the detent 34 blade and a second end , the blade base also having a
is positioned such that the bulge 94 is firmly seated in a protrusion extending from an outer surface of the blade
concaved surface of the socket 36 . In one embodiment, the base , wherein the blade is configured to be selectively
concaved surface engages and surrounds a portion of the 35 inserted and removed from said sheath ;
handle guard 30 , which locks the knife to the sheath . wherein the detent has a first position of use where the
FIGS. 10 - 14 show how the blade 54 is released from the blade is inserted within the sheath and the protrusion is
sheath 18 . More specifically , to remove the knife 22 from the positioned between the second end of the sheath and
sheath 18 , the user presses on the upper surface 102 of the the detent, wherein a concaved surface of the detend ,
sheath and provides an opposing force to a lower surface 106 40 which is spaced from the second end of the sheath ,
of the blade base 26 and an adjacent portion of the flexible surrounds and engages a portion of the protrusion ,
band 6 . These opposing forces (see opposing arrows on FIG . thereby locking the knife to the sheath to prevent
12 ) cause the blade 54 to rotate within the sheath 18 and removal of the blade from the sheath , and a second
moves the tip 70 closer to the floor 66 of the sheath 18 . This position of use where the selectively deflectable arm is
rotation also moves the handle guard 30 along the second , 45 deflected so at least a portion of the detent is moved
open end of the sheath 50 and, thus, moves the handle guard relative to the protrusion , thereby allowing the blade to
30 out of the socket 36 provided by the detent 34 . During be removed from the sheath and the blade base to be
this phase , the bulge 94 will engage the nose 98 which flexes moved away from the second end of the sheath ;
the arm 74 and allows further movement of the handle guard wherein the opening of the sheath is associated with a
30 and blade base 26 from the sheath 18 . That is ,movement 50 cavity configured to selectively receive the blade, the
of the blade base 26 relative to the sheath 18 as shown will cavity having a ceiling and a floor, wherein a tip of the
eventually allow the handle guard 30 to escape the detent 34 , blade is spaced from the floor when the blade is fully
wherein the handle guard 30 is spaced from the detent 34 as inserted in the sheath ; and
shown in FIG . 14. The blade 54 may be hawk - bill, drop wherein movement of the detent from the first position of
point, or other shape to provide an apex 82 at the upper edge 55 use to the second position of use is achieved by rotating
thereof that selectively engages a point on the ceiling 62 to the blade base relative to the sheath to move the tip
facilitate rotation of the knife within the sheath . In one towards the floor.
embodiment, this blade release sequence generates an 2 . The combination of claim 1 , wherein at least one of the
audible noise , such as a " pop .” blade and blade base includes a gripping surface on a top
FIGS. 15 and 16 show another embodiment of the present 60 surface thereof.
invention , wherein a watch 110 incorporated in the flexible 3 . The combination of claim 1, wherein the concaved
band 6 . Here the clasp is the knife / sheath combination . surface of the detent is configured to selectively receive a
In the examples shown, a paracord flexible band is corresponding portion of the protrusion when the detent is in
provided . The paracord terminates in a loop 86 selectively the first position of use .
interconnected to the hook 46 on the sheath . The other end 65 4 . The combination of claim 1 , wherein the second end of
of the flexible band is tied or otherwise interconnected to the the sheath and the first end of the blade base are comprised
blade base 26 . of complementary curved surfaces .
Case 1:18-cv-02908 Document 1-2 Filed 11/13/18 USDC Colorado Page 16 of 16

US 9 ,986 ,795 B2
10
5 . The combination of claim 1 , wherein the sheath 12 . The combination of claim 11 , further comprising at
includes a compass. least one of a compass, a flint, and a whistle.
6 . The combination of claim 1 , wherein the sheath 13 . The combination of claim 11 , further comprising a
employs at least one of a flint and a whistle. flexible band having a first end operatively interconnected to
7. The combination of claim 1 , further comprising a 5 the first end of the sheath , and a second end operatively
flexible band having a first end operatively interconnected to interconnected to the second end of the blade base .
the first end of the sheath , and a second end operatively
interconnected to the second end of the blade base. 14 . The combination of claim 13 , wherein the flexible
8 . The combination of claim 7 , wherein the flexible band band is made of at least one of paracord , leather, metal,
is comprised of at least one of paracord , leather ,metal, cloth , cloth , rubber, or a similar flexible material.
rubber, or a similar flexible material. 15 . A selectively connectable assembly, comprising :
9 . The combination of claim 1 , wherein the blade com a sheath having a first end and a second open end , the
prises a pivot point that selectively engages the ceiling of the sheath including a selectively deflectable arm terminat
sheath when the blade base is rotated relative to the sheath . ing at a retaining member having a concaved surface
10 . The combination of claim 1 , wherein the blade com positioned adjacent the second open end of the sheath ,
prises a pivot point that selectively engages the ceiling of the 15
sheath when the blade base is rotated relative to the sheath . the selectively deflectable arm extending away from the
11 . In combination a knife and sheath , comprising: sheath , the selectively deflectable arm also having a
a sheath having a first end and a second end with an proximal end interconnected to the sheath between the
opening, the sheath also having a selectively deflect first end and the second open end and a distal end that
able arm extending away from the sheath , the selec - 20 comprises the retaining member spaced from the sec
tively deflectable arm having a proximal end intercon ond open end of the sheath ;
nected to said sheath between the first end and the a device comprised of a first end configured to selectively
second end and a distal end that ends in a detent, fit within the sheath , and a second end with a protrusion
wherein the deflectable end is of such length wherein extending therefrom ;
the detent is located adjacent the second end ; wherein the retaining member has a first position of use
a knife comprised of a blade extending from a blade base , where the protrusion is positioned between the second
the blade base having a first end interconnected to the open end of the sheath and the retaining member,
blade and a second end, the blade base also having a wherein the concaved surface engages and surrounds a
protrusion extending therefrom , wherein the blade is portion of the protrusion , and a second position of use
configured to be selectively inserted and removed from 30 where the retaining member is deflected such that the
said sheath ; device is able to move from of the sheath ;
wherein the second end of the sheath and the first end of wherein the device is a knife and the first end of the device
the blade base are comprised of complementary curved is a blade extending from the second end , the blade
surfaces ; further including a tip opposite the second end , the
wherein the detent has a first position of use where the 35 blade configured to be selectively received within the
blade is inserted within the sheath and the protrusion is sheath ;
positioned between the second end of the sheath and wherein the second open end of the sheath is associated
the detent, thereby locking the knife to the sheath to with a cavity configured to selectively receive the
prevent removal of the blade from the sheath , and a blade , the cavity having a ceiling and a floor, wherein
second position of use where the selectively deflectable 40 the tip of the blade is spaced from the floor when the
arm is deflected so at least a portion of the detent is blade is inserted in the sheath ; and
moved relative to the protrusion, thereby allowing the wherein the retaining member will move from the first
blade to be removed from the sheath and the blade base position of use to the second position of use when the
to be moved away from the second end of the sheath ; second end of the device is moved to urge the tip
wherein the detent includes a recessed portion configured 45 towards the floor.
to selectively engage and at least partially surround a 16 . The assembly of claim 15 , further comprising at least
corresponding portion of the protrusion when the detent one of a compass , a whistle , and a flint.
is in the first position of use; 17 . The assembly of claim 15 , wherein the second open
end of the sheath is arcuate .
wherein the opening of the sheath is associated with a 50 18 . The assembly of claim 15 , further comprising a
cavity configured to selectively receive the blade , the 50 flexible band having a first end operatively interconnected to
cavity having a ceiling and a floor, wherein a tip of the
blade is spaced from the floor when the blade is fully the first end of the sheath , and a second end operatively
inserted in the sheath ; and interconnected to the second end of the device .
wherein movement of the detent from the first positioning 19 . The assembly of claim 18 , wherein the flexible band
of 55 is made
use to the second position of use is achieved by rotating 55 18rubber, orofsimilar
at least one of paracord, leather, metal , cloth ,
flexible material.
the blade base relative to the sheath to move the tip
toward the floor. * * * * *
Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 1 of 17

EXHIBIT 2
Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 2 of 17

THAT ARE NOT OULUTUMINEN US009999279B2

(12) United States Patent (10) Patent No.: US 9 ,999,279 B2


Bloch (45) Date of Patent: * Jun . 19, 2018
(54 ) BRACELET WITH INTEGRATED KNIFE 11/008 (2013 .01 ); B26B 29 /025 (2013.01);
B67B 7700 (2013 .01) ; G04B 37/0008
(71) Applicant: Outdoor Edge Cutlery Corporation , ( 2013 .01) ; G04B 47/00 ( 2013 .01 ); G06K
Denver, CO (US) 19 /0723 (2013 .01)
(58) Field of Classification Search
(72 ) Inventor: David R . Bloch , Morrison , CO (US) CPC ......... A44C 5/ 0007 ; A44C 5 /003; B26B 3/00 ;
(73 ) Assignee: Outdoor Edge Cutlery Corporation , B26B 3 / 06 ; B26B 29/ 02 ; B26B 29 /025 ;
B26B 29 /00
Denver, CO (US) USPC .............. 63 / 1 .12; 224/ 232
See application file for complete search history .
( * ) Notice: Subject to any disclaimer , the term of this
patent is extended or adjusted under 35 (56 ) References Cited
U .S . C . 154 (b ) by 0 days. days.
This patent is subject to a terminal dis U . S . PATENT DOCUMENTS
claimer. 2 , 391 ,574 A 12/ 1945 Glenn
2 ,527 ,710 A 10 / 1950 Davidson , Jr.
(21) Appl. No.: 15 /605,410 (Continued )
(22 ) Filed : May 25, 2017 FOREIGN PATENT DOCUMENTS
(65) Prior Publication Data GB 329566 A * 5/ 1930 ......... B26B 3/06
US 2017/0340070 A1 Nov. 30, 2017 OTHER PUBLICATIONS
Related U .S . Application Data Partial European Search Report , Nov . 2 , 2017, 11 pages.
(60 ) Provisional application No.62/341 ,913 , filed on May (Continued )
26 , 2016 .
Primary Examiner — Jack W Lavinder
(51) Int. Cl. (74 ) Attorney , Agent, or Firm — Lewis Brisbois
B26B 3/ 00 ( 2006 . 01) Bisgaard & Smith LLP; Craig Mueller
B26B 11 /00 (2006 .01)
A44C 5 / 00 (2006 .01) (57 ) ABSTRACT
A44C 5 / 20 (2006 .01) A bracelet or flexible band comprised of a flexible member
A44C 15 /00 ( 2006 .01) that on one end is interconnected to a knife and on another
A45D 29/04 ( 2006 . 01) end , is connected to a sheath that selectively receives the
B26B 29 /02 (2006 .01) knife in the locking fashion . When needed , the knife is
(Continued ) rotated within the sheath to facilitate release thereof from a
(52) U . S . CI. lock that is integral with the sheath . Once removed from the
??? A44C 5/ 003 (2013.01); A41F 9/002 sheath , the knife can be used for self- defense, cutting rope
(2013 .01 ); A44C 5 / 0007 (2013.01); A44C or cord in an emergency situation , or for general utility
5 /0061 (2013 .01 ); A44C 5 /2076 (2013 .01); cutting tasks .
A44C 15 /0015 (2013 .01 ); A45D 29 /04
( 2013 .01 ); B26B 11/00 (2013 . 01 ); B26B 15 Claims, 8 Drawing Sheets

8 82 58 26 10
18 62 58

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22 90 70 66 74 36 34 90

EXHIBIT 2
Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 3 of 17

US 9 ,999 ,279 B2
Page 2

(51 ) Int. Cl. D465, 542 S


7 ,080 ,456 B2
11/ 2002 Bloch
7 /2006 Wu
B67B 7700 ( 2006 . 01)
G04B 37 /00 ( 2006 .01) 7 ,434 ,316 B2 10 /2008 Nenadic
G04B 47 /00 ( 2006 .01 ) 7 , 469,475 B2 12 / 2008 Wong
G06K 19 /07 7 ,597, 223 B1 10 / 2009 Martinez
( 2006 .01) 8 , 322,586 B2 * 12/ 2012 Davis A45F 5 / 02
A41F 9 /00 (2006 .01) 224 / 197
D723 ,132 S 2/ 2015 Borland
(56 ) References Cited 9 ,044, 870
B2 6 / 2015 Yeh
B1 8 / 2015
9 , 095,202 Vanheteren
U .S . PATENT DOCUMENTS 9 , 254, 577
B2 2 / 2016 Crawford
D770 , 327S 11/2016 Chan
2 ,618 , 057 A 11/ 1952 Gibson D772 ,006 S 11/2016 Squiers et al.
2 ,783, 536 A 3/ 1957 Boast 2005 / 0204565AL 9 / 2005 Wong
2 ,901,823 A 9 / 1959 Widen 2006 /0021229 A1 2 /2006 Wu
3 ,246 ,713 A * 4 / 1966 Nichols ............... B62B 3 /0612 2007/0266569 A1 11/2007 Nenadic
180 / 13 2008/0250652 AL 10 /2008 Fellhoelter
3 , 524 ,570 A 8 / 1970 Seguine 2010 /0270343 Al 10 /2010 Clark
3 ,823, 421 A 7 / 1974 Collins 2011/0139645 A1 6 /2011 Ranieri
3 ,823, 522 A 7 / 1974 Forgett 2012/0102759 Al 5 /2012 Huang
3 ,958, 330 A * 5 / 1976 Hutchens B26B 29 /025 2013/0031935 A1 2 /2013 Kelleghan
224 /232 2014 /0109615 Al 4 /2014 Millan
4 , 150, 464 A 4 / 1979 Tracy 2014 /0137414 Al 5/ 2014 Murphy et al.
4 ,404 ,747 A 9 / 1983 Collins 2014 / 0338197 AL 11/ 2014 Frazer
D300 ,112 S 3 / 1989 Osterhout 2015 /0190938 A1 7 / 2015 Kommer
4 , 835, 863 A 6 / 1989 Salandre 2015 /0208795 A1 7 /2015 Vanheteren
4 , 854, 044 A 8 / 1989 Collins
4 ,964,554 A * 10 / 1990 Collins ................. B26B 3 /06 OTHER PUBLICATIONS
224 / 232
5 , 002,213 A * 3 / 1991 Newton A45F 5 / 14 “ 5 in 1 Outdoor Survival Gear Escape Paracord Bracelet Flint/
224 / 232 Whistle/ Compass/ Scraper,” believed to be on sale at least by Aug .
D321, 548 S 11/ 1991 Collins 17 , 2016 , retrieved from https://www .boardwalkbuy .com /products /
5 , 067, 239 A 11/ 1991 Collins 5 - in - 1 -outdoor-survival- gear-escape -paracord -bracelet- flint
5 ,092 ,046 A 3/ 1992 Collins whistle -compass -scraper ? utm _medium = cpc
5 ,123 , 167 A 6 / 1992 Kelley
5 , 146 ,684 A 9 / 1992 Hagler & utm _ source = googlepla
5 ,222 ,279 A 6 / 1993 Frano et al. & gclid = CjwKEAjwltC9BRDRvMfD2N66nIISJAR
5 ,379 ,520 A 1/ 1995 Collins Cq8591rKgFVKcoy8Fg9KD9
5 , 507,076 A 4 / 1996 Anscher v2gMf9 _ vb1Aw800EvLi6BtluRoClwPw _ wcB , 4 pages .
5 ,511,311 A 4 / 1996 Collins “ Hidetoshi Nakayama Knife Archives,” believed to be on sale at
5 ,647 ,130 A * 7 / 1997 Collins ............ B26B 29 /025
224 /232 least by Aug. 17 , 2016 , retrieved from http ://www.artknives.com /
5 ,794 ,347 A 8/ 1998 Serpa hidetoshi-nakayama- archives .html, 6 pages .
5 , 915 ,793 A * 6 / 1999 Serpa .................... B26B 29 /025 Non - Final Office Action dated Oct. 6 , 2017 for U .S . Appl. No.
224 /232 15 /695,390 .
6 ,293 ,448 B1 9 /2001 Pietrusynski
6 ,442 ,843 B19 / 2002 Jue * cited by examiner
Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 4 of 17

atent Jun. 19, 2018 Sheet lof8 US 9 ,999 ,279 B2

-10 0ml
FIG . 1
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Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 5 of 17

U . S , Patent Jun . 19, 2018 Sheet 2 of 8 US 9 ,999 ,279 B2

50 26
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Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 6 of 17

U . S . Patent Jun. 19 , 2018 Sheet 3 of 8 US 9 ,999, 279 B2

en hem
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FIG . 5

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Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 7 of 17

atent Jun . 19 , 2018 Sheet 4 of 8 US 9 ,999, 279 B2

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Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 8 of 17

U . S . Patent Jun. 19 , 2018 Sheet 5 of 8 US 9 ,999, 279 B2

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Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 9 of 17

atent Jun . 19 , 2018 Sheet 6 of 8 US 9 ,999, 279 B2

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Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 10 of 17

atent Jun 19, 2018 Sheet 7 of 8 US 9, 999, 279 B2

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Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 11 of 17

atent Jun . 19 , 2018 Sheet 8 of 8

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30 22
Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 12 of 17

US 9 ,999,279 B2
BRACELET WITH INTEGRATED KNIFE serrations to provide a substantially non - slip gripping sur
face ( also known in the art as “ jimping” ). Because at least
This application claims the benefit of U .S . Provisional a portion of the flexible band functions as a portion of the
Patent Application Ser. No . 62 /341. 913 , filed May 26 , 2016 . knife handle , upward force on the blade 's cutting edge can
the entirety of which is incorporated by reference herein . 5 cause the band to flex and the blade to rotate backward ,
which can cause ineffective cutting force . Gripping areas on
FIELD OF THE INVENTION the blade and /or the blade base acts as a purchase area that
receives the user ' s thumb or forefinger to prevent upward
Embodiments of the present invention generally relate to rotation of the blade; and allows the short blade base and
a bracelet comprising a first end and a second end intercon - 10 flexible band to effectively function as a rigid knife handle .
nected by a knife selectively enclosed within a sheath to The knife , sheath , and band form a bracelet, which may
form a closed loop . be circular , when the knife is inserted into the sheath . When
the knife is positioned within the sheath , it is locked such
BACKGROUND OF THE INVENTION that the knife or sheath must be moved in a specific fashion
15 to release the knife . That is , the sheath of some embodiments
It is often advantageous to carry a knife to perform of the present invention includes a positive locking mecha
everyday tasks, to cut a seatbelt or a tangled line in an nism that secures the knife within the sheath . The positive
emergency , or for self- defense . One problem with most locking mechanism improves safety and prevents loss
knives is that they must be stored in pockets , handbags, or because the knife is secured and accidental or unintended
in a sheath worn on a belt , which can be cumbersome and 20 release is eliminated . Release of the positive locking mecha
unsightly. It can also be time consuming to draw a knife nism of some embodiments requires opposing forces acting
from a pocket, handbag , or sheath , especially in a stressful on the sheath and the blade base and/or flexible band. One
or emergency situation . One example of an emergency is a force is transferred from the thumb or forefinger to press
car accident, wherein the seatbelt will not release and a down on the top of the sheath . The second force is generated
cutting implement is needed to cut the seatbelt to allow 25 by the thumb or forefinger in an opposing direction to the
vehicle extrication . It is easy to envision in this situation , it first force, which urges the blade base along an outer surface
may be difficult or impossible for one to access a pocket or associated with the sheath opening (which may be arcuate )
handbag to retrieve a knife to cut the seatbelt and free and eventually allows for removal of the knife. As knife
themselves . Further, in a self- defense situation , the extra removal requires opposing forces be applied in a specific
time it takes to retrieve a knife from a pocket or handbag 30 fashion to both the top of the sheath and the blade base or
could result in serious injury or death . If a person is in a flexible band , unintended or accidental release of the knife
struggle , accessing a knife from a pocket or handbag may be is drastically reduced or eliminated ; even in a hand-to -hand
difficult or impossible . struggle when an attacker applies pulling or twisting forces
It is, thus , a long -felt need to provide an accessible knife directly to the bracelet or to the wearer 's wrist in close
that can be quickly and easily deployed that need not fit into 35 proximity to the bracelet.
a pocket, on a belt, or in a handbag . The knives contemplated The positive lock of one embodiment of the present
by embodiments of the present invention may be worn about invention comprises a detent that captures the handle guard
one' s wrist, ankle , or waist and, thus , can be quickly and extending from the blade base . The handle guard increases
easily deployed any time if needed in an emergency , for safety and helps avoid injury by preventing the user ' s fingers
self- defense , or when the need arises to cut a rope or cord , 40 from sliding past the blade base and onto the blade edge . The
open a box, or open a letter, etc . handle guard has a portion that engages the deflectable
detent that is selectively interconnected to the sheath by way
SUMMARY OF THE INVENTION of a flexible arm . When relaxed , the detent is near the sheath ,
which traps the handle guard between the open end of the
It is one aspect of some embodiments of the present 45 sheath and a stop on the detent . The deflectable arm is urged
invention to provide a knife comprising the blade extending away from the sheath when the blade base is rotated within
from a blade base that supports the blade and functions as a a plane corresponding to the outer surface of the sheath .
small handle portion . The blade base and handle may be an Such movement will urge the handle guard against the
integral unit , i. e ., a skeleton knife . The blade base is also detent, thereby deflecting the arm and biasing the detent
operatively interconnected to one end of a flexible band or 50 away from the sheath which allows the knife to be removed .
strap . The other end of the knife is selectively interconnected The detent may include a socket that forms a seat that snugly
to a sheath that selectively receives the blade . The opposite receives a bulged portion of the handle guard when the knife
end of the sheath may be either permanently fixed or is within the sheath . This feature helps ensure the knife stays
selectively interconnected to an opposite end of the flexible within the sheath when the lock is in place , i. e ., when the
band by way of a clasp and hasp , a loop and T-post 55 detent is released .
connection , a hook and eye , or with a magnetic /ferromag - Asmentioned above , the knife is released from the sheath
netic interaction . How the sheath interconnects to the flex - by movement of the knife within the sheath in a specific
ible band increases safety as the blade is enclosed in the fashion . The sheath has an internal volumewith a ceiling and
sheath before the flexible band is wrapped around the wrist. a floor. A gap is provided between the knife 's cutting edge
Without this connection scheme, the knife must be inserted 60 and the floor of the sheath when the knife is within the
into the sheath to attach to the bracelet to one's wrist, which sheath . The gap allows the knife to be rotated within the
could cause serious injury as the sharp knife blade must be sheath and the blade base relative to the sheath , which urges
placed near the user ' s wrist to affect bracelet closure . the handle guard against the detent to deflect the arm and
Asmentioned above , the knife blade extends from a base , facilitate movement of the bulge from the socket . To facili
which in one embodiment includes a protective handle guard 65 tate rotation of the blade within the sheath , the blade may be
extending therefrom . A top surface of the blade and/ orblade shaped to provide a pivot point that selectively engages the
base may include a curved or ramped thumb grip with sheath ceiling . A bottom surface of the sheath may be
Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 13 of 17

US 9 ,999,279 B2
non -continuous or the arm may have a groove that receives appreciate that some embodiments may function as a heart
the blade tip to facilitate blade rotation and release. rate monitor or fitness tracker.
It is still yet another aspect of some embodiments of the It is, thus, one aspect of some embodiments of the present
present invention to provide a flexible wristband made of invention to provide a bracelet with in integrated knife,
flexible, resilient material. In one embodiment, the wrist- 5 comprising: a sheath having a first end and a second open
band is formed of braided paracord . Other embodiments of end ; a knife comprised of a blade extending from a blade
the present invention employ a metal bracelet, commonly base , the blade base having a first end for interconnection to
found on many watches; or a rubber band , found on many the blade and a second end , the blade base also having a
dive watches. One of ordinary skill in the art will appreciate handle guard extending therefrom ; a flexible band having a
the flexible band need not be associated with a user 's wrist. 10 first
sheath
end operatively interconnected to the first end of the
, and a second end operatively interconnected to the
More specifically , in one embodiment of the present inven second end of the blade base ; wherein the sheath includes a
tion the flexible portion interconnected to the knife and selectively deflectable arm that ends in a detent positioned
sheath is a belt, wherein the knife and sheath form a belt adjacent the second open end of the sheath ; and wherein the
buckle or a secondary belt clasp . In operation , a user simply 1515 detent has a first position of use where the handle guard is
moves a knife relative to the sheath to release the knife and positioned between the second open end of the sheath and
open the belt. The end of the flexible band is interconnected the detent, and a second position of use where the detent is
to a T -post or hook extending from the sheath . One of deflected such that the handle guard is free to move away
ordinary skill in the art will appreciate there are other ways from the second open end of the sheath .
to interconnect the ends of the flexible band to the knife and 20 It is another aspect of some embodiments to provide a
sheath without departing from the scope of the invention . bracelet with an integrated device , comprising: a sheath
The wristband may be made of any material such as having a first end and a second open end; a device comprised
paracord , a stretch elastic material, stainless steel, Kevlar, of a first end configured to selectively fit within the sheath ,
rubber metal, or carbon fiber. The wristband can be made of and a second end with a protrusion extending therefrom ; a
a bi- stable spring that selectively stiffens, i. e ., the material of 25 flexible band having a first end operatively interconnected to
a slap bracelet . In one embodiment of the present invention , the first end of the sheath , and a second end operatively
the blade of one embodiment is made of stainless steel ( e . g ., interconnected to the second end of the second end of the
8Cr13MoV ) . And , in one embodiment of the present inven - device ; wherein the sheath includes a selectively deflectable
tion, the blade is a 1 .5 - inch hawk -bill blade, but any blade arm that ends in a retaining member positioned adjacent the
may be used such as a drop point blade. The sheath and 30 second open end of the sheath ; and wherein the retaining
blade base may be made of glass /nylon polymer or any other member has a first position of use where the protrusion is
suitable plastic . positioned between the second open end of the sheath and
As one of ordinary skill in the art will appreciate , the the retaining member, and a second position of use where the
component fit within the sheath need not be a knife. For retaining member is deflected such that the device is free to
example , some embodiments of the present invention 35 move from of the sheath .
employ a can opener, a flashlight, a flint, an RFID device , a It is still yet another aspect of some embodiments of the
key , a USB device , a fingernail file, a multi - tool, a compass, present invention to provide a sheath , comprising : a first
a pen , a computer memory device, a whistle , an energy surface ; a second surface spaced from the first surface ; a
storage device , or oil, wax , liquid , or other common material third surface interconnecting the first surface and the second
that can be vaporized or atomized ( e . g ., smoking oil) . In this 40 surface ; a fourth surface interconnecting the first surface and
later example , the bracelet could function as a smoking the second surface ; wherein the first surface , the second
device , wherein the sheath or component that fits into the surface , the third surface, and the fourth surface define an
sheath accommodates a heating device . The opposite end of internal volume; an arm deflectably attached to the fourth
the bracelet would comprise a device that selectively fits surface ; and a detent interconnected to an end of the arm , the
within a user ' s mouth , wherein he or she would draw 45 detent adapted to selectively engage a portion of a device
vaporized smoking products similar to a ( vape pen ” ). The that is adapted to fit within the volume to lock the device
smoking product could be stored in oil form in at least one within the sheath .
end of the bracelet or in a flexible tube incorporated into the The Summary of the Invention is neither intended nor
flexible portion of the bracelet. In one embodiment of the should it be construed as being representative of the full
present invention , the item associated with theblade base are 50 extent and scope of the present invention . That is, these and
selectively interchangeable. For example, the knife can be other aspects and advantages will be apparent from the
removed such that the blade base can receive USB storage disclosure of the invention (s ) described herein . Further, the
device . Removeability of the knife also allows it to be above- described embodiments, aspects, objectives , and con
replaced when it becomes dull . figurations are neither complete nor exhaustive . As will be
Further, the sheath ( or component received therein ) may 55 appreciated , other embodiments of the invention are pos
include additional functionality / features , such as a compass, sible using , alone or in combination , one or more of the
a watch , an RFID device , or other wireless data transferring features set forth above or described below . Moreover,
devices that allow individuals to unlock doors , pay for references made herein to “ the present invention ” or aspects
merchandise , transmit their identity or vital statistics . In thereof should be understood to mean certain embodiments
some other embodiments , the sheath includes components 60 of the present invention and should not necessarily be
that allow it to communicate with a cellular phone or other construed as limiting all embodiments to a particular
device via wireless communication means such as Wi-Fi or description . The present invention is set forth in various
Bluetooth . That is , the sheath may include a screen and levels of detail in the Summary of the Invention as well as
electronic components and function somewhat like an Apple in the attached drawings and the Detailed Description of the
Watch . The flexible portion of the bracelet may also accom - 65 Invention and no limitation as to the scope of the present
modate a wristwatch , wherein the clasp can be separated to invention is intended by either the inclusion or non - inclusion
reveal the knife. Those of ordinary skill in the art will of elements, components, etc . in this Summary of the
Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 14 of 17

US 9,999,279 B2
Invention . Additional aspects of the present invention will - continued
become more readily apparent from the Detail Description ,
particularly when taken together with the drawings . No . Component.
Knife
BRIEF DESCRIPTION OF THE DRAWINGS 5 Blade base
Handle
The accompanying drawings, which are incorporated in Handle guard
and constitute a part of the specification , illustrate embodi
ments of the invention and together with the general descrip
tion of the invention given above and the detailed descrip - 10
WwAN Detent
Socket
Outer surface
Sheath first end
tion of the drawings given below , serve to explain the Hook
50 Sheath second, open end
principles of these inventions. Blade
FIG . 1 is a perspective view of a bracelet of one embodi 58 Upper edge
ment of the present invention ; Ceiling
15 66 Floor
FIG . 2 is a bottom plan view of the bracelet; 70 Tip
FIG . 3 is a front elevation view of the bracelet; 74 Arm
FIG . 3A is front elevation view showing a knife removed Apex
Loop
from a sheath ; Handle guard end
FIG . 4 is a perspective view of the bracelet in a second , Bulge
open position of use wherein a blade has been removed from 20 Nose
the sheath ; 102 Upper surface
FIG . 5 is a partial cross -sectional front elevation view 106 Lower surface
showing the knife removed from the sheath ; 110 Watch
FIG . 6 is a partial cross -sectional front elevation view
showing the interaction between the knife and sheath as the 25 The drawings are not necessarily to scale . In certain
knife is initially positioned within the sheath with the handle instances, details that are not necessary for an understanding
guard clear of a locking detent; of the invention or that render other details difficult to
FIG . 7 is a detailed view showing the interaction between perceive may have been omitted . It should be understood , of
the handle guard and the positive locking detent; course , that the invention is not necessarily limited to the
FIG . 8 is a front elevation view showing the blades particular embodiments illustrated herein .
positioned within the sheath and in the locked position ;
FIG . 9 is a detailed view of FIG . 8 ; DETAILED DESCRIPTION
FIG . 10 is a perspective view illustrating how knife
release is initiated ;
FIG . 11 is a front elevation view showing the knife seated :5 FIGS. 1 -7 show a bracelet 2 of one embodiment of the
present invention . The bracelet 2 is comprising a flexible
in the sheath and positively locked , a portion of the sheath band 6 having a first end 10 and a second end 14 . The first
is shown transparent; end 10 of the flexible band 6 is interconnected to a sheath 18
FIG . 12 is a front elevation view showing the knife at an and the second end 14 is interconnected to a knife 22 . The
initial phase of removal from the sheath , wherein an arm is 40 flexible band 6 of one embodiment of the present invention
fully deflected , a portion of the sheath is shown transparent; 40
FIG . 13 is a front elevation view showing the knife at an isskillformed
in
of braided paracord . However, those of ordinary
the art will appreciate that other flexible bands ,
intermediate phase of removal from the sheath , wherein the
arm is deflected and the bulge on the handle guard has straps, bow strap , or harness may be employed without
cleared the nose on the detent, a portion of the sheath is 45 departing from the scope of the invention .
The knife 22 when positioned within the sheath as shown
shown transparent;
in FIGS. 1 - 3 , forms an article adapted to fit around a user 's
FIG . 14 is front elevation view showing the knife at a final wrist
stage of removal from the sheath , wherein the arm is in a , ankle, or waist; or be incorporated into any strap , such
relaxed , un -deflected position , a portion of the sheath is as a bow strap . A bracelet 2 is provided in the figures
shown transparent; provided herein . The clasp of the bracelet comprises the
FIG . 15 is a perspective view of a bracelet of anotherer 3050 Scan
sheath 18 that selectively receives the knife 22. The knife 22
cut items for everyday utility , in an emergency , or be
embodiment of the present invention that incorporates a used for self - defense .
watch ; and
FIG . 16 is a top perspective view of the combination As shown in FIGS. 1 -4 , the knife 22 includes a blade 54
watch and bracelet shown in FIG . 15 . interconnected to a blade base 26 . The blade base 26 and a
ment of
To assist in the understanding of one embodiment of the
the 55» po
portion of the flexible band 6 define a handle 28 intercon
present invention the following list of components and nected to the blade . The blade base 26 includes a handle
associated numbering found in the drawings is provided guard 30 selectively locked by a movable detent 34 associ
herein : ated with the sheath . A socket 36 of the detent 34 and an
outer surface 38 of the sheath trap the handle guard to lock
60 the blade within the sheath . The sheath 18 has a first end 42
Component. which may have a hook 46 , or another device, for selective
receipt of the first end of the flexible band 6 . A second end
Bracelet 14 of the flexible band is tied or otherwise interconnected to
Flexible band
Flexible band first end the blade base 26 . The sheath 18 may have a curved inner
Flexible band second end 65 surface , i. e ., the surface configured to contact the user ' s
Sheath body, and the blade base 26 may have a complementary
arcuate surface (see also , FIG . 3A ). The curved surface or
Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 15 of 17

US 9 ,999,279 B2
surfaces enhance user comfort and ergonomics. Further, alterations of those embodiments will occur to those skilled
these surfaces may incorporate a cushion to increase com - in the art. It is to be expressly understood that such modi
fort. fications and alterations are within the scope and spirit of the
FIGS. 4 and 5 show the bracelet 2 in an open configura - present invention , as set forth in the following claims.
tion . Here , the knife 22 , which comprises a blade 54 and the 5 Further, it is to be understood that the invention (s) described
bladebase 26 ,has been removed from the sheath 18 , thereby herein is not limited in its application to the details of
allowing the flexible band to elongate . The handle guard 30 construction and the arrangement of components set forth in
protects the user ' s fingers from sliding past the blade basethe preceding description or illustrated in the drawings. The
and unintended contact with the blade 54 and cutting edge .
The blade base 26 and the blade 54 may also include a 10 invention oris ofcapable of other embodiments and of being
knurled upper edge 58 that enhances gripping and serves as practiced being carried out in various ways. Also , it is
to be understood that the phraseology and terminology used
a surface for user ' s thumb or forefinger to press downward
on the blade 54 to prevents upward rotation of the blade that herein
regarded
is for the purpose of description and should not be
as limiting . The use of “ including ," " comprising,"
may result from band flex .
FIGS. 6 - 9 illustrate how the knife is locked within the 15 or “ having " and variations thereof herein is meant to encom
sheath . The sheath 18 includes a ceiling 62 and a floor 66 . pass the items listed thereafter and equivalents thereof as
wherein a blade tip 70 is spaced from the floor 66 when the well as additional items.
knife is fully inserted within the sheath 18 . As the blade 54
is initially inserted within the sheath , as shown in FIG . 6 , the What is claimed is:
handle guard 30 is spaced from the detent 34 . Further 20 1. A flexible band with in integrated knife , comprising :
insertion of the blade 54 into the sheath 18 will cause the end a knife comprised of a blade extending from a blade base ,
90 of the handle guard to come into close proximity or the blade base having a first end for interconnection to
engage the detent as shown in FIG . 7 . Still further blade the blade and a second end opposed from the first end,
insertion will engage a bulge 94 of the handle guard 30 onto the blade comprising an upper edge defining an apex
a nose of the detent 98 , thereby flexing the arm 74 and 25 and an opposed lower sharpened edge ending in a tip
moving the detent 34. The final locking step is performed by wherein the upper edge and the lower edge are joined ,
rotating the knife base 26 downwardly along the second , and the blade base also having a handle guard extend
open end of the sheath 50 , which positions the handle guard ing from a location proximate to the first end of the
30 between the second end of the sheath 50 and the detent blade base ;
34 , wherein the bulge 94 is firmly seated in a socket 36 30 a sheath configured to receive the blade of the knife , the
provided by the detent. FIGS . 8 and 9 show the final locking sheath having:
configuration , wherein arm 74 has relaxed and the detent 34 a first end,
is positioned such that the bulge 94 is firmly seated in the a second open end, the second open end associated with
socket 36 . a cavity also defined by a ceiling , a floor, and
FIGS. 10 - 14 show how the blade 54 is released from the 35 sidewalls of the sheath , wherein the tip is spaced
sheath 18 . More specifically , to remove the knife 22 from the from the floor when the blade is fully inserted into
sheath 18 , the user presses on the upper surface 102 of the the sheath ,
sheath and provides an opposing force to a lower surface 106 a selectively deflectable arm that ends in a detent
of the blade base 26 and an adjacent portion of the flexible positioned proximate to the second open end of the
band 6 . These opposing forces ( see opposing arrows on FIG . 40 sheath ;
12 ) cause the blade 54 to rotate within the sheath 18 and a flexible band having a first end operatively intercon
moves the tip 70 closer to the floor 66 of the sheath 18 . This nected to the first end of the sheath , and a second end
rotation also moves the handle guard 30 along the second, operatively interconnected to the second end of the
open end of the sheath 50 and , thus, moves the handle guard blade base ;
30 out of the socket 36 provided by the detent 34 . During 45 wherein when the blade is fully inserted into the sheath ,
this phase , the bulge 94 will engage the nose 98 which flexes the detent is in a first locked position where the handle
the arm 74 and allows further movement of the handle guard guard is positioned between the second open end and
30 and blade base 26 from the sheath 18 . That is,movement the detent, and wherein the detent has a second release
of the blade base 26 relative to the sheath 18 as shown will position where the selectively deflectable arm is flexed
eventually allow the handle guard 30 to escape the detent 34 , 50 to move the detent so that the handle guard is able to
wherein the handle guard 30 is spaced from the detent 34 as move away from the second open end of the sheath ; and
shown in FIG . 14 . The blade 54 may be hawk -bill, drop wherein a quick release movement of the knife from the
point, or other shape to provide an apex 82 at the upper edge sheath is achieved by moving the detent from the first
thereof that selectively engages a point on the ceiling 62 to locked position to the second release position by sliding
facilitate rotation of the knife within the sheath . In one 55 the blade base along the second open end of the sheath
embodiment, this blade release sequence generates an to move the tip of the blade in the direction of the floor
audible noise, such as a " pop.” of the sheath .
FIGS. 15 and 16 show another embodiment of the present 2 . The flexible band of claim 1 , wherein the flexible band
invention , wherein a watch 110 incorporated in the flexible is made of at least one of paracord , leather, metal, cloth ,
band 6 . Here the clasp is the knife / sheath combination . 60 rubber , or a similar flexible material.
In the examples shown, a paracord flexible band is 3 . The flexible band of claim 1 , wherein at leastone ofthe
provided . The paracord terminates in a loop 86 selectively blade and blade base includes a gripping surface on the top
interconnected to the hook 46 on the sheath . The other end surface thereof.
of the flexible band is tied or otherwise interconnected to the 4 . The flexible band of claim 1 , wherein the detent
blade base 26 . 65 includes a socket for selective receipt of a bulge extending
While various embodiments of the present invention have from the handle guard when the detent is in the first locked
been described in detail, it is apparent thatmodifications and position.
Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 16 of 17

US 9 ,999,279 B2
5 . The flexible band of claim 1 , wherein an outer surface edges of the first surface, the second surface , the
of at least one of the blade base and the second open end of third surface , and the fourth surface ;
the sheath comprises an arcuate profile . wherein at least one of the third surface and the fourth
6 . The flexible band of claim 1 , wherein sliding the blade surface define a transverse axis of the sheath that is
base along the second open end of the sheath rotates the 5 generally parallel with at least a portion of at least
blade base about a pivot point between the apex of the blade one of the first surface and the second surface ;
and the ceiling of the sheath . wherein at least one of the first surface and the second
7. A flexible band with an integrated device, comprising: surface are curved about an axis that is substantially
a device comprised of a first end and a second end parallel to the transverse axis of the sheath ;
opposed from the first end , the device comprising an 10 an arm deflectably attached to the fourth surface ; and
upper edge and an opposed lower edge ending in a tip , a detent interconnected to an end of the arm ;
and the second end having a protrusion extending from a knife with a first portion adapted to be selectively
a location adjacent the first end ; inserted within the volume and a second portion that is
positioned outside the volume when the first portion is
a sheath having a first end and a second open end , and a 15 positioned in the volume, the first portion comprising
cavity configured to receive the first end of the device , an upper edge defining an apex and an opposed lower
wherein the tip is spaced from the floor when the device sharpened edge ending in a tip , and the second portion
is fully inserted into the sheath , the cavity being located having a handle guard extending from a location proxi
between the first end , the second open end, and further mate to the first portion ;
defined by a ceiling, a floor, and sidewalls of the sheath , 20 wherein when the first portion of the knife is fully inserted
the sheath including a selectively deflectable arm that into the sheath , the detent is in a first locked position
ends in a retaining member positioned adjacent to the with the handle guard is positioned between the open
second open end of the sheath ; ing and the detent, and wherein the detent has a second
a flexible band having a first end operatively intercon release position where the arm is flexed to move the
nected to the first end of the sheath , and a second end 25 detent so that the handle guard is able to move away
operatively interconnected to the second end of the from the opening of the sheath ; and
second end of the device; wherein a quick release movement of the knife from the
wherein when the device is fully inserted into the sheath , sheath is achieved by moving the detent from the first
the retaining member is in a first locked position where locked position to the second release position by sliding
the protrusion is positioned between the second open 30 the second portion of the knife along the opening of the
end and the retaining member, and wherein the retain sheath to move the tip of the first portion of the knife
ing member has a second release position where the toward the fourth surface of the sheath .
selectively deflectable arm is flexed to move the retain 13. The sheath of claim 12 , wherein the handle guard
ing member so that the protrusion is able to move away comprises a bulge that is selectively received within a socket
from the second open end of the sheath ; and 35 provided in the detent.
wherein a quick release movement of the device from the 14 . The sheath of claim 12 , wherein the third surface is
sheath is achieved by moving the retaining member textured .
from the first locked position to the second release 15 . A combination knife and sheath , comprising :
position by sliding the second end of the device along a knife comprised of a blade extending from a blade base ,
the second open end of the sheath to move the tip of the 40 the blade base having a first end for interconnection to
device in the direction of the floor of the sheath . the blade and a second end opposed from the first end ,
8 . The flexible band of claim 7 , wherein the flexible band the blade comprising an upper edge defining an apex
is made of at least one of paracord , leather , metal, cloth , and an opposed lower sharpened edge ending in a tip
rubber , or similar flexible material. wherein the upper edge and the lower edge are joined ,
9 . The flexible band of claim 7 , wherein the device is a 45 and the blade base also having a handle guard extend
knife , a can opener, a bottle opener, a flint, a solid -state ing from a location proximate to the first end of the
memory device ; a flashlight, an RFID device , a whistle , a blade base ;
near -field communication device , a key, a finger nail file , a a sheath configured to receive the blade of the knife, the
tool, a compass, or a writing utensil. sheath having :
10 . The flexible band of claim 7 , wherein the sheath 50 a first end ,
includes at least one of a compass, a watch , a light, a a second open end, the second open end associated with
reflector, a whistle , an RFID or similar near- field commu a cavity also defined by a ceiling , a floor, and
nication device , a screen , and a flint. sidewalls of the sheath , wherein the tip is spaced
11 . The flexible band of claim 7 , wherein an outer surface from the floor when the blade is fully inserted into
of at least one of the device and the sheath comprises an 55 the sheath ,
arcuate profile. a selectively deflectable arm that ends in a detent
12 . A combination knife and sheath , comprising: positioned proximate to the second open end of the
a sheath comprising : sheath ;
a first surface ; wherein when the blade is fully inserted into the sheath ,
a second surface spaced from the first surface; the detent is in a first locked position where the handle
a third surface interconnecting the first surface and the guard is positioned between the second open end and
second surface ; the detent, and wherein the detent has a second release
a fourth surface interconnecting the first surface and the position where the selectively deflectable arm is flexed
second surface ; to move the detent so that the handle guard is able to
wherein the first surface , the second surface , the third 65 move away from the second open end of the sheath ; and
surface, and the fourth surface define an internal wherein a quick release movement of the knife from the
volumehaving an opening defined by corresponding sheath is achieved by moving the detent from the first
Case 1:18-cv-02908 Document 1-3 Filed 11/13/18 USDC Colorado Page 17 of 17

sheath .
| * * * * *
US 9, 999,279 B2
locked position to the second release position by sliding
the blade base along the second open end of the sheath
to move the tip of the blade toward the floor of the
.
Case 1:18-cv-02908 Document 1-4 Filed 11/13/18 USDC Colorado Page 1 of 18

EXHIBIT 3
Case 1:18-cv-02908 Document 1-4 Filed 11/13/18 USDC Colorado Page 2 of 18

THAT ARE THAN A USOOD8082395


UN ESTATENUNA CIUTAT AUN
(12) Bloch
United States Design Patent ( 10) Patent No.: US D808 ,239 S
(45 ) Date of Patent : * * Jan. 23 , 2018
(54 ) KNIFE AND ASSOCIATED SHEATH (74 ) Attorney, Agent, or Firm — Lewis Brisbois Bisgaard
& Smith LLP ; Craig W . Mueller
(71) Applicant: Outdoor Edge Cutlery Corporation , CLAIM
Denver, CO (US ) (57)
The ornamental design for a knife and associated sheath , as
(72 ) Inventor: David R . Bloch , Morrison , CO (US) shown and described .
DESCRIPTION
(73) Assignee: OUTDOOR EDGE CUTLERY
CORPORATION , Denver, CO (US) FIG . 1 is a perspective view of the knife and associated
sheath shown in a first position of use , wherein a portion of
(* * ) Term : 15 Years the knife is located within the sheath ;
FIG . 2 is a front elevation view thereof;
(21) Appl. No.: 29/590,130 FIG . 3 is a rear elevation view thereof;
(22 ) Filed : Jan . 6 , 2017 FIG . 4 is a left elevation view thereof;
FIG . 5 is a right elevation view thereof;
(51) LOC (11) Ci. ... 08 - 03 FIG . 6 is a top plan view thereof;
(52) U .S . CI. FIG . 7 is a bottom plan view thereof;
USPC ........... . . . . D8 / 98 ; D22 / 118 FIG . 8 is a perspective view of the knife and associated
(58 ) Field of Classification Search sheath shown in a second position of use , wherein the knife
USPC . .... D8/ 14 , 98 , 99, 100 , 105 , 107 ; D22/118 ; is spaced from the sheath ;
D11 /214 , 215, 216 FIG . 9 is a front elevation thereof;
( Continued ) FIG . 10 is a rear elevation view thereof;
FIG . 11 is a left elevation view thereof;
( 56 ) References Cited FIG . 12 is a right elevation view thereof;
U . S . PATENT DOCUMENTS FIG . 13 is a top plan view thereof;
FIG . 14 is a bottom plan view thereof ;
D300 , 112 S * 3/ 1989 Osterhout .............. D8/ 107 FIG . 15 is a perspective view of the knife and associated
4 ,998 ,550 A * 3 / 1991 Archambault ...... A47L 15 /4257 sheath interconnected to a bracelet shown in a first position
134 /200 of use , wherein a portion of the knife is located within the
(Continued ) sheath ;
FIG . 16 is a front elevation view thereof;
OTHER PUBLICATIONS FIG . 17 is a rear elevation view thereof;
FIG . 18 is a left elevation view thereof;
“ 5 in 1 Outdoor Survival Gear Escape Paracord Bracelet Flint/ FIG . 19 is a right elevation view thereof;
Whistle/ Compass /Scraper," believed to be on sale at least by Aug . FIG . 20 is a top plan view thereof;
17, 2016 , retrieved from https://www .boardwalkbuy .com /products/ FIG . 21 is a bottom plan view thereof;
5 -in - 1-outdoor-survival- gear-escape -paracord -bracelet-flint FIG . 22 is a perspective view of the knife and associated
whistle - compass -scraper ? utm _ medium = cpc & utm __ sheath interconnected to a bracelet shown in a second
source = googlepla & gclid = CjwKEAjwItC9BRDRvMfD2N66 position of use , wherein the knife is spaced from the sheath ;
NIISJACq8591rKgFVKcoy8Fg9KD9 -v2gMf9 _ FIG . 23 is a front elevation view thereof;
vblAw800EVLi6BtluRoClwPw _ wcB , 4 pages. FIG . 24 is a rear elevation view thereof;
(Continued ) FIG . 25 is a left elevation view thereof;
FIG . 26 is a right elevation view thereof;
Primary Examiner — Philip S Hyder (Continued )

NANARTCAMARAAN
Sement

EXHIBIT 3
Case 1:18-cv-02908 Document 1-4 Filed 11/13/18 USDC Colorado Page 3 of 18

US D808 ,239 S
Page 2

FIG . 27 is top plan view thereof; and, 5 ,092 ,046 A * 3 / 1992 Collins ................ B26B 29 /025
FIG . 28 is a bottom plan view thereof. 224 /232
The broken lines depict environment and form no part of the 5 ,511, 311 A * 4 / 1996 Collins ..................... B26B 1/ 08
224 / 232
claimed invention . 5,915,793 A * 6/1999 Serpa ................ B26B
Du 29 /025
224 /232
1 Claim , 15 Drawing Sheets 6 ,442 ,843 B1 * 9/ 2002 Jue ................ B26B 3 /06
224 /232
D465, 542 S * 11/ 2002 Bloch .. D22 / 118
D723, 132 S * 2 / 2015 Borland D22 / 118
(58 ) Field of Classification Search D770 ,327 S * 11/2016 Chan ............. . .... .. . D11 /216
CPC .. B26B 3 /00 ; B26B 3/ 06 ; B26B 29 /00 ; B26B
29 /02 ; B26B 11 /00
See application file for complete search history . OTHER PUBLICATIONS
“ Hidetoshi Nakayama Knife Archives,” believed to be on sale at
( 56 ) References Cited least by Aug . 17 , 2016 , retrieved from http ://www .artknives.com /
U . S . PATENT DOCUMENTS hidetoshi- nakayama-archives.html, 6 pages.
D321,548 S * 11/ 1991 Collins .... ......... D22/118 * cited by examiner
Case 1:18-cv-02908 Document 1-4 Filed 11/13/18 USDC Colorado Page 4 of 18

atent Jan . 23, 2018 Sheet 1 of 15 US D808 ,239 S

ELLE MAQOMMODO
FIG .1

DI

- C TOTECTION
FIG . 2

TI
FIG .3
*
Case 1:18-cv-02908 Document 1-4 Filed 11/13/18 USDC Colorado Page 5 of 18

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Case 1:18-cv-02908 Document 1-4 Filed 11/13/18 USDC Colorado Page 6 of 18

atent Jan . 23, 2018 Sheet 3 of 15 US D808 ,239 S

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Case 1:18-cv-02908 Document 1-4 Filed 11/13/18 USDC Colorado Page 11 of 18

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Case 1:18-cv-02908 Document 1-5 Filed 11/13/18 USDC Colorado Page 1 of 4

EXHIBIT 4
Case 1:18-cv-02908 Document 1-5 Filed 11/13/18 USDC Colorado Page 2 of 4

ParaClaw ™ Knife Buckle


Case 1:18-cv-02908 Document 1-5 Filed 11/13/18 USDC Colorado Page 3 of 4

ParaClaw ™
Case 1:18-cv-02908 Document 1-5 Filed 11/13/18 USDC Colorado Page 4 of 4

ParaClaw ™ CQD Watch


Case 1:18-cv-02908 Document 1-6 Filed 11/13/18 USDC Colorado Page 1 of 2

EXHIBIT 5
Case 1:18-cv-02908 Document 1-6 Filed 11/13/18 USDC Colorado Page 2 of 2

International Marketing Systems, Ltd.’s


Tactical Knife Utility Multi-Tool Buckle
Case 1:18-cv-02908 Document 1-7 Filed 11/13/18 USDC Colorado Page 1 of 2

EXHIBIT 6
Case 1:18-cv-02908 Document 1-7 Filed 11/13/18 USDC Colorado Page 2 of 2
Case 1:18-cv-02908 Document 1-8 Filed 11/13/18 USDC Colorado Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
District
__________ of Colorado
District of __________

)
)
)
OUTDOOR EDGE CUTLERY CORPORATION )
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
INTERNATIONAL MARKETING SYSTEMS, LTD. )
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Jon W. Golberg, Registered Agent


International Marketing Systems, Ltd.
1320 5th Ave. N
P.O. Box 806
Fargo, ND 58107-0806

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Ian R. Walsworth, Lewis Brisbois Bisgaard & Smith, LLP, 1700 Lincoln Street, Suite
4000, Denver, CO 80203 (303) 861-7760, ian.walsworth@lewisbrisbois.com

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 1:18-cv-02908 Document 1-8 Filed 11/13/18 USDC Colorado Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

u I personally served the summons on the individual at (place)


on (date) ; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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