Case 3:21-cv-01983-E Document 1 Filed 08/24/21 Page 1 of 32 PageID 1
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
BELAIR ELECTRONICS, INC.,
Plaintiff, Case No.: 3:21-cv-01983 v. JURY TRIAL DEMANDED REARTH USA, LLC (aka RINGKE),
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff BelAir Electronics, Inc. complains of Defendant Rearth USA, LLC (aka Ringke) as follows:
NATURE OF LAWSUIT
1. This is a claim for patent infringement arising under the patent laws of the United
States, Title 35 of the United States Code.
THE PARTIES
2. Plaintiff BelAir Electronics, Inc. (“BelAir” or “Plaintiff”) is an Illinois corporation with its principal place of business at 5723 Antler Lane, Westmont, Illinois 60559.
3. BelAir is the named assignee of, owns all right, title and interest in, and has standing to sue for infringement of United States Patent No. 7,194,291, entitled “Protective Mask of Mobile
Phone,” which issued on March 20, 2007 (the “‘291 Patent”) (a true and correct copy is attached as Exhibit A); United States Patent No. 7,941,195, entitled “Protective Mask of Mobile Phone,” which issued on May 10, 2011 (the “‘195 Patent”) (a true and correct copy is attached as Exhibit
B); and United States Patent No. 10,097,676, entitled “Protective Mask of Mobile Phone,” which
Case 3:21-cv-01983-E Document 1 Filed 08/24/21 Page 2 of 32 PageID 2
issued on October 9, 2018 (the “‘676 Patent”) (a true and correct copy is attached as Exhibit C)
(collectively, the “Asserted Patents”).
4. BelAir has the exclusive right to license and enforce the Asserted Patents and to collect all damages for infringement. BelAir also has standing to sue for infringement of the
Asserted Patents.
5. Defendant Rearth USA, LLC (aka Ringke) (“Ringke” or “Defendant”) is a Texas limited liability company with a registered agent of Chuong Pham, 740 F Avenue, Suite 302,
Plano, Texas 75074 and maintaining its principal place of business at 5080 Spectrum Drive, Suite
1000E, Addison, Texas 75001.
6. In furtherance of Plaintiff’s review and analysis prior to filing this action, Plaintiff studied Defendant’s publicly-available product literature and, among other things, purchased an
“Apple iPhone XS Case | Fusion – AQUA BLUE,” an “Apple iPad Pro Case | Smart Cover Apple
Pencil Stand – iPad Pro 2018 (11”),” an “Apple iPad Pro 2016 (9.7”) Case | Smart Cover Design
Leather Stand – BLUE,” an “Apple iPhone XS Case | Fusion-X – LILAC PURPLE,” a “Samsung
Galaxy S20 FE Case | Onyx – DARK GREEN,” a “Samsung Galaxy S6 Edge Plus Case | Slim –
Royal Gold,” a “Samsung Galaxy S7 Edge Case | Air – Rose Gold,” an “Apple iPhone 12 / 12 Pro
Case | Onyx Design – GRAFFITI,” an “Apple iPhone 11 Case | Air-S – CORAL,” a “Samsung
Galaxy S20 Ultra Case | Fusion-X Design 01 – Ticket Band,” an “Apple iPad Pro Case (12.9”)
2021 | Fusion Plus – SMOKE BLACK,” a “Samsung Galaxy Z Flip Case | Slim – Purple,” and a
“Samsung Galaxy Z Fold 2 Case | Slim – BLACK” from Defendant’s website for assessment as representatives of the products identified in Exhibits D and E.
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7. Defendant primarily advertises and sells Accused Products at https://www.ringkestore.com/ and http://www.ringke.com and related urls in the ringkestore.com and ringke.com domains.
8. Defendant offers for sale and sells the Accused Products (as further identified below) for mobile devices throughout the United States and this Judicial District.
JURISDICTION AND VENUE
9. BelAir’s claims for patent infringement against Defendant arise under the patent laws of the United States including 35 U.S.C. §§ 271 and 281. Consequently, this Court has original and exclusive subject matter jurisdiction over this Complaint pursuant to 28 U.S.C. §§
1331 and 1338(a).
10. Defendant owns, operates, and conducts business in the state of Texas and directs advertisements at residents of Texas – which are covered by claims of the Asserted Patents – and throughout the United States including Texas and this judicial district.
11. Defendant is currently doing business in this judicial district, has purposefully availed itself of the privilege of conducting business with residents of this judicial district, has purposefully reached out to residents of this judicial district, and has established sufficient minimum contacts with the State of Texas such that it should reasonably and fairly anticipate being haled into court in Texas.
12. Ringke is a Texas limited liability company and has a designated agent incident to such registration.
13. Defendant has established sufficient minimum contacts with the State of Texas such that it should reasonably and fairly anticipate being haled into court in Texas.
14. Venue in this judicial district is proper under 28 U.S.C. § 1400(b).
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THE ACCUSED PRODUCTS
15. Defendant has infringed certain claims of the Asserted Patents through the manufacture, sale, offer for sale, advertisement, importation, shipment, distribution, and/or use of
Defendant’s protective masks for mobile devices (herein referred to as the “Accused Products”).
16. As presently advised, the Accused Products include the following categories of
Defendant’s protective masks for mobile devices (“Case Styles”): Access Wallet, Air, Air Plus
Strap, Air Prism, Air Prism Glitter, Air S, Air S Plus Strap, Air X, Bevel, Delight, Design Case,
Dual X, Dual X Design, Edge, Flex, Flex S, Flex S Pro, Flow, Folio Signature, Folio Signature
Plus, Frame, Fusion, Fusion Plus, Fusion Plus Strap, Fusion Design, Fusion Magnetic, Fusion
Matte, Fusion Matte Plus Strap, Fusion Mirror, Fusion X, Fusion X Plus Strap, Fusion X DDP,
Fusion X Design, Fusion X Matte, Fusion X2, iPad Smart Case, Max, Mirror, Noble, Onyx, Onyx
Design, Onyx X, Rebel, Signature (Discover), Slim, Slim Plus Slim X, Slim Plus Slot Card Holder,
Slim Frost, Wallet, Wallet Fit, and Wave. (See Exhibit D, http://www.ringke.com/site/product.php, and related urls in the ringkestore.com and ringke.com domains).
17. As presently advised, the Accused Products include Defendant’s protective masks for at least the following mobile devices: Apple iPhone 12 Pro Max, Apple iPhone 12 Pro, Apple iPhone 12, Apple iPhone 12 Mini, Apple iPhone SE 2020, Apple iPhone 11 Pro Max, Apple iPhone
11 Pro, Apple iPhone 11, Apple iPhone Xs Max, Apple iPhone Xs, Apple iPhone X, Apple iPhone
XR, Apple iPhone 8 Plus, Apple iPhone 8, Apple iPhone 7 Plus, Apple iPhone 7, Apple iPhone 6s
Plus, Apple iPhone 6s, Apple iPhone 6 Plus, Apple iPhone 6, Apple iPhone SE, Apple iPhone 5s,
Apple iPhone 5, Apple iPad Air 4, Apple iPad Air 3 (2019) (10.5), Apple iPad mini 5 (7.9), Apple iPad Pro (2021) (12.9), Apple iPad Pro (2021) (11), Apple iPad Pro (2020) (12.9), Apple iPad Pro
(2020) (11), Apple iPad Pro (2018) (12.9), Apple iPad Pro (2018) (11), Apple iPad Pro (2017)
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(10.5), Apple iPad Pro (2016) (9.7), Apple iPod Touch 7, Samsung Galaxy A02, Samsung Galaxy
A12, Samsung Galaxy A20, Samsung Galaxy A21s, Samsung Galaxy A3 2014, Samsung Galaxy
A3 2016, Samsung Galaxy A3 2017, Samsung Galaxy A30, Samsung Galaxy A32 4G, Samsung
Galaxy A32 5G, Samsung Galaxy A5 2014, Samsung Galaxy A5 2016, Samsung Galaxy A5 2017,
Samsung Galaxy A50, Samsung Galaxy A51, Samsung Galaxy A52 5G, Samsung Galaxy A52
4G, Samsung Galaxy A6 2018, Samsung Galaxy A6 Plus 2018, Samsung Galaxy A7, Samsung
Galaxy A7 2016, Samsung Galaxy A7 2017, Samsung Galaxy A7 2018, Samsung Galaxy A70,
Samsung Galaxy A71, Samsung Galaxy A72, Samsung Galaxy A8, Samsung Galaxy A8 2016,
Samsung Galaxy A8 2018, Samsung Galaxy A8 Plus 2018, Samsung Galaxy A9 2016, Samsung
Galaxy A90 5G, Samsung Galaxy J5 2016, Samsung Galaxy J7 2016, Samsung Galaxy M30,
Samsung Galaxy M30s, Samsung Galaxy M31, Samsung Galaxy M31s, Samsung Galaxy M51,
Samsung Galaxy Note 10, Samsung Galaxy Note 10 5G, Samsung Galaxy Note 10 Lite, Samsung
Galaxy Note 10 Plus, Samsung Galaxy Note 10 Plus 5G, Samsung Galaxy Note 20, Samsung
Galaxy Note 20 Ultra, Samsung Galaxy Note 4, Samsung Galaxy Note 5, Samsung Galaxy Note
7, Samsung Galaxy Note 8, Samsung Galaxy Note 9, Samsung Galaxy Note Edge, Samsung
Galaxy Note FE, Samsung Galaxy S10, Samsung Galaxy S10 5G, Samsung Galaxy S10 Lite,
Samsung Galaxy S10 Plus, Samsung Galaxy S10e, Samsung Galaxy S20, Samsung Galaxy S20
FE, Samsung Galaxy S20 Plus, Samsung Galaxy S20 Ultra, Samsung Galaxy S21, Samsung
Galaxy S21 Plus, Samsung Galaxy S21 Ultra, Samsung Galaxy S6, Samsung Galaxy S6 Edge,
Samsung Galaxy S6 Edge Plus, Samsung Galaxy S7, Samsung Galaxy S7 Edge, Samsung Galaxy
S8, Samsung Galaxy S8 Plus, Samsung Galaxy S9, Samsung Galaxy S9 Plus, Samsung Galaxy
Tab S6 Lite, Samsung Galaxy Tab S7, Samsung Galaxy Tab S7 Plus, Samsung Galaxy Z Flip,
Samsung Galaxy Z Flip 5G, Samsung Galaxy Z Flip 3, Samsung Galaxy Z Fold 2, Samsung
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Galaxy Z Fold 3, Google Nexus 5, Google Nexus 5X, Google Nexus 6, Google Nexus 6P, Google
Pixel, Google Pixel 2, Google Pixel 2 XL, Google Pixel 3, Google Pixel 3 XL, Google Pixel 3a,
Google Pixel 3a XL, Google Pixel 4, Google Pixel 4 XL, Google Pixel 4a, Google Pixel 4a 5G,
Google Pixel 5, Google Pixel XL, LG G Flex 2, LG G3, LG G4, LG G5, LG G6, LG G7 ThinQ,
LG G8, LG K7, LG K10, LG V10, LG V20, LG V30, LG V30 Plus, LG V30S, LG V35, LG V40,
LG V50, LG Velvet, Huawei Honor 8 Pro, Huawei Honor 9, Huawei Honor V9, Huawei Mate 10,
Huawei Mate 10 Pro, Huawei Mate 20, Huawei Mate 20 Lite, Huawei Mate 20 Pro, Huawei Mate
30, Huawei Mate 30 Lite, Huawei Mate 30 Pro, Huawei Mate 8, Huawei Mate 9, Huawei Mate 9
Pro, Huawei P Smart 2019, Huawei P10, Huawei P10 Plus, Huawei P20, Huawei P20 Lite, Huawei
P20 Pro, Huawei P30, Huawei P30 Lite, Huawei P30 Pro, Huawei P40, Huawei P40 Lite, Huawei
P40 Pro, Huawei P9, Huawei P9 Plus, Xiaomi Mi 10, Xiaomi Mi 10 Pro, Xiaomi Mi 10T, Xiaomi
Mi 10T Pro, Xiaomi Mi 10T Lite 5G, Xiaomi Mi 10i 5G, Xiaomi Mi 5, Xiaomi Mi 6, Xiaomi Mi
9T, Xiaomi Mi 9T Pro, Xiaomi Mi CC9 Pro, Xiaomi Mi Max 3, Xiaomi Mi Note 10, Xiaomi Mi
Note 10 Pro, Xiaomi Poco F2 Pro, Xiaomi Poco F3, Xiaomi Poco M3, Xiaomi Poco X3 NFC,
Xiaomi Pocophone F1, Xiaomi Redmi K20, Xiaomi Redmi K20 Pro, Xiaomi Redmi K30, Xiaomi
Redmi K30 5G, Xiaomi Redmi K30 Pro, Xiaomi Redmi K40, Xiaomi Redmi K40 Pro, Xiaomi
Redmi Note 10, Xiaomi Redmi Note 10s, Xiaomi Redmi Note 10 Pro, Xiaomi Redmi Note 10 Pro
Max, Xiaomi Redmi Note 2, Xiaomi Redmi Note 5, Xiaomi Redmi Note 5 Plus, Xiaomi Redmi
Note 7, Xiaomi Redmi Note 7 Pro, Xiaomi Redmi Note 8, Xiaomi Redmi Note 8 Pro, Xiaomi
Redmi Note 9, Xiaomi Redmi Note 9 Pro, Xiaomi Redmi Note 9 Pro Max, Xiaomi Redmi Note
9s, OnePlus 2, OnePlus 3, OnePlus 3T, OnePlus 5, OnePlus 5T, OnePlus 6, OnePlus 7, OnePlus 7
Pro, OnePlus 7T, OnePlus 7T Pro, OnePlus 8, OnePlus 8 Pro, OnePlus 8T, OnePlus 8T Plus 5G,
OnePlus 9 Pro, OnePlus 9R, OnePlus Nord, OnePlus Nord CE 5G, OnePlus X, Sony Xperia X,
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Sony Xperia X Performance, Sony Xperia XA, Sony Xperia XZ, Sony Xperia XZs, Sony Xperia
XZ Premium, Sony Xperia XZ1, Sony Xperia XZ1 Compact, Sony Xperia XZ2, Sony Xperia XZ2
Compact, Sony Xperia XZ2 Premium, Sony Xperia XZ3, Sony Xperia Z3, Sony Xperia Z3 Plus,
Sony Xperia Z3 Compact, Sony Xperia Z5, Sony Xperia Z5 Compact, Sony Xperia Z5 Premium,
BlackBerry KEY2, BlackBerry KEYone, BlackBerry Passport, HTC 10, HTC One A9, HTC One
M9, HTC U12 Plus, Vivo Xplay 6, Oppo R9S, Oppo R9S Plus, Asus ZenFone 3, Motorola Moto
G 2013 (1st Gen.), Motorola Moto G 2014 (2nd Gen.), Motorola Moto E 2015, Motorola Moto
G4, Motorola Moto G4 Plus, Motorola Moto G5 Plus, and Motorola Moto G6. (See Exhibits D and E, http://www.ringke.com/site/device.php, and related urls in the ringkestore.com and ringke.com domains).
18. The Accused Products also include a smaller subset of Defendant’s protective masks for mobile devices consisting of two portion cases for use on the Samsung Galaxy Z Fold and Z Flip phone models (herein referred to as the “Two Piece Accused Products”). See Exhibit E for a detailed list, exemplary photos, and product page links to the Two Piece Accused Products.
For avoidance of doubt, the Two Piece Accused Products in Exhibit E are a smaller subset of the
Accused Products and are included in and a part of the Accused Products. All Accused Products are alleged to infringe at least independent Claim 9 of the ‘195 Patent and independent Claims 1,
5, 8, and 9 of the ‘676 Patent. In addition to these claims, the Two Piece Accused Products are alleged to additionally infringe at least independent Claims 1, 6, and 9 of the ‘291 Patent and independent Claims 1 and 6 of the ‘195 Patent.
19. The Accused Products, as illustrated below, are those protective masks that are capable of being coupled to a portion of a mobile device so that the mobile device will not fall out of the protective mask. The Accused Products are those protective masks that comprise a flange
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or retainer (as recited in the asserted claims, infra). The Accused Products also may use flange(s) or retainer(s) in conjunction with substantial surface to surface contact by the inner surface of the protective mask which conforms to the contour of the outer surface of the mobile device, working together to provide non-permanent, temporary protection to the mobile device. While not required by all asserted claims, the Accused Products are protective masks that include openings to allow access to the interface as well as inputs and outputs, as well as protective masks that have patterns, nameplates, type, text, or graphic elements. See Exhibits D and E for exemplary photos for all categories of Defendant’s case styles. Below are pictures of representative Accused Products.
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Fusion Case: (See Exhibit D and https://www.ringkestore.com/products/iphone-xs-case-fusion).
iPad Smart Case: (See Exhibit D, https://www.ringkestore.com/products/ringke-smart-cover- apple-pencil-stand-case-for-ipad, and https://www.ringkestore.com/products/ipad-pro-2016-case- smart-cover-design-leather-stand).
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Fusion X Case: (See Exhibit D and https://www.ringkestore.com/products/iphone-xs-case-fusion- x).
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Onyx Case: (See Exhibit D and https://www.ringkestore.com/products/galaxy-s20-fe-case-onyx).
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Slim Case: (See Exhibit D and https://www.ringkestore.com/products/galaxy-s6-edge-plus-case- slim).
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Slim Case: (See Exhibit E, https://www.ringkestore.com/products/galaxy-z-flip-case-slim, https://www.ringkestore.com/products/galaxy-z-fold-2-case-slim, and pictures taken of purchased representative products).
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Air Case: (See Exhibit D and https://www.ringkestore.com/products/galaxy-s7-edge-case-air).
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Onyx Design Case: (See Exhibit D, https://www.ringkestore.com/products/iphone-12-case- ringke-onyx-design, and pictures taken of purchased representative products).
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Air S Case: (See Exhibit D, https://www.ringkestore.com/products/iphone-11-case-air-s, and pictures taken of purchased representative products).
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Fusion X Design Case: (See Exhibit D, https://www.ringkestore.com/products/galaxy-s20-ultra- case-fusion-x-design-ticket-band, and pictures taken of purchased representative products).
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Fusion Plus Case: (See Exhibit D, https://www.ringkestore.com/products/ipad-pro-case-12-9-
2021-fusion-plus, and pictures taken of purchased representative products).
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20. The Accused Products subject to this Complaint include all substantively similar products and any predecessor and/or successor versions that satisfy each limitation of, and therefore infringe, any asserted claim of the Asserted Patents whether sold directly or via other online marketplaces or brick and mortar retail stores.
21. After adequate discovery, BelAir may seek leave to amend this Complaint to include additional details of infringement, if any, by other products hereafter discovered to infringe the Asserted Patents.
INFRINGEMENT BY DEFENDANT
COUNT I: INFRINGEMENT OF UNITED STATES PATENT NO. 7,194,291
22. BelAir realleges and incorporates by reference paragraphs 1 through 21, inclusive, as though fully set forth herein.
23. Defendant directly infringes at least independent Claims 1, 6, and 9 of the ‘291
Patent.
Claim 1
24. The Two Piece Accused Products, as manufactured, sold, offered for sale, advertised, imported, shipped, distributed, and/or used by Defendant, comprise a protective mask adapted to be coupled to an exterior housing of a mobile phone having internal components including circuitry and a battery, which are covered by the exterior housing, in accordance with the limitations of Claim 1 of the ‘291 Patent.
25. Specifically, the Two Piece Accused Products, comprise:
(a) first mask portion, molded to conform to the shape of a first portion of the exterior
housing of the mobile phone, the first mask portion having flanges to couple the
first mask portion to the exterior housing of the mobile phone to retain the first
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mask portion to the first portion of the exterior housing so that the first mask portion
covers the first portion of the exterior housing of the mobile phone; and;
(b) a second mask portion, molded to conform to the shape of a second portion of the
exterior housing of the mobile phone, the second mask portion adapted to be
coupled to the mobile phone to retain the second mask portion to the second portion
of the exterior housing so that the second mask portion covers the second portion
of the exterior housing of the mobile phone;
(c) wherein said first and second mask portions are retained to the exterior housing of
the mobile phone.
26. As presently advised, one or more Two Piece Accused Products also likely satisfy the limitations of, and infringe, dependent Claims 2-5 of the ‘291 Patent.
Claim 6
27. The Two Piece Accused Products, as manufactured, sold, offered for sale, advertised, imported, shipped, distributed, and/or used by Defendant, comprise a protective mask adapted to be coupled to an exterior housing of a mobile phone, the mobile phone having internal components including circuitry and a battery, which are covered by the exterior housing, in accordance with the limitations of Claim 6 of the ‘291 Patent.
28. Specifically, the Two Piece Accused Products comprise:
(a) a[] first mask portion, molded to conform to the shape of a first portion of the
exterior housing of the mobile phone, the first mask portion having flanges to
couple the first mask portion to the exterior housing of the mobile phone to retain
the first mask portion to the first portion of the exterior housing so that the first
mask portion covers the first portion of the exterior housing of the mobile phone;
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(b) said first mask portion including an opening that is associated with an opening in
the exterior housing to permit access to a feature of the mobile phone; and
(c) a second mask portion, molded to conform to the shape of a second portion of the
exterior housing of the mobile phone, the second mask portion adapted to be
coupled to the mobile phone to retain the second mask portion to the second portion
of the exterior housing so that the second mask portion covers the second portion
of the exterior housing of the mobile phone;
(d) wherein said first and second mask portions are retained to the exterior housing of
the mobile phone.
29. As presently advised, one or more Two Piece Accused Products also likely satisfy the limitations of, and infringe, dependent Claims 7 and 8 of the ‘291 Patent.
Claim 9
30. The Two Piece Accused Products, as manufactured, sold, offered for sale, advertised, imported, shipped, distributed, and/or used by Defendant, comprise a protective mask adapted to be coupled to an exterior housing of a mobile phone, the mobile phone having internal components including circuitry and a battery, which are covered by the exterior housing, in accordance with the limitations of Claim 9 of the ‘291 Patent.
31. Specifically, the Two Piece Accused Products comprise:
(a) a[] first mask portion, molded to conform to the shape of a first portion of the
exterior housing of the mobile phone, the first mask portion having a flange to
couple the first mask portion to the exterior housing of the mobile phone to retain
the first mask portion to the first portion of the exterior housing so that the first
mask portion covers the first portion of the exterior housing of the mobile phone;
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(b) the first mask portion including an opening that is associated with an opening in the
exterior housing to permit access to a feature of the mobile phone;
(c) a second mask portion, molded to conform to the shape of a second portion of the
exterior housing of the mobile phone, the second mask portion adapted to be
coupled to the housing of the mobile phone to retain the second mask portion to the
second portion of the exterior housing so that the second mask portion covers the
second portion of the exterior housing of the mobile phone; and
(d) the second mask portion includes an opening that is associated with an opening in
the exterior housing to permit access to a feature of the mobile phone.
32. As presently advised, one or more Two Piece Accused Products also likely satisfy the limitations of, and infringe, dependent Claim 10 of the ‘291 Patent.
33. To the extent required by law, BelAir has complied with the provisions of 35 U.S.C.
§ 287.
34. Defendant had notice of the ‘291 Patent and the likelihood of infringement thereof at least as early as December 17, 2019, pursuant to email and mail correspondence from BelAir to
Defendant via its Director.
35. Defendant’s direct infringement as described above, either literally or under the doctrine of equivalents, has injured BelAir and BelAir is entitled to recover damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty.
COUNT II: INFRINGEMENT OF UNITED STATES PATENT NO. 7,941,195
36. BelAir realleges and incorporates by reference paragraphs 1 through 21, inclusive, as though fully set forth herein.
37. Defendant directly infringes at least independent Claims 1, 6, and 9 of the ‘195
Patent.
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Claim 1
38. The Two Piece Accused Products, as manufactured, sold, offered for sale, advertised, imported, shipped, distributed, and/or used by Defendant, comprise a protective mask adapted to be coupled to an exterior housing of a mobile phone having internal components including circuitry and a battery, which are covered by the exterior housing, in accordance with the limitations of Claim 1 of the ‘195 Patent.
39. Specifically, the Two Piece Accused Products comprise:
(a) a first mask portion, molded to conform to the shape of a first portion of the exterior
housing of the mobile phone, the first mask portion adapted to be coupled to the
mobile phone to retain the first mask portion to the first portion of the exterior
housing so that the first mask portion covers the first portion of the exterior housing
of the mobile phone; and
(b) a second mask portion, molded to conform to the shape of a second portion of the
exterior housing of the mobile phone, the second mask portion adapted to be
coupled to the mobile phone to retain the second mask portion to the second portion
of the exterior housing so that the second mask portion covers the second portion
of the exterior housing of the mobile phone;
(c) wherein said first and second mask portions are retained to the exterior housing of
the mobile phone.
40. As presently advised, one or more Two Piece Accused Products also likely satisfy the limitations of, and infringe, dependent Claims 2-5 of the ‘195 Patent.
Claim 6
41. The Two Piece Accused Products, as manufactured, sold, offered for sale, advertised, imported, shipped, distributed, and/or used by Defendant, comprise a protective mask
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adapted to be coupled to an exterior housing of a mobile phone having internal components including circuitry and a battery, which are covered by the exterior housing, in accordance with the limitations of Claim 6 of the ‘195 Patent.
42. Specifically, the Two Piece Accused Products comprise:
(a) a first mask portion, molded to conform to the shape of a first portion of the exterior
housing of the mobile phone, the first mask portion is adapted to be coupled to the
mobile phone to retain the first mask portion to the first portion of the exterior
housing so that the first mask portion covers the first portion of the exterior housing
of the mobile phone;
(b) said first mask portion including an opening that is associated with an opening in
the exterior housing to permit access to a feature of the mobile phone; and
(c) a second mask portion, molded to conform to the shape of a second portion of the
exterior housing of the mobile phone, the second mask portion adapted to be
coupled to the mobile phone to retain the second mask portion to the second portion
of the exterior housing so that the second mask portion covers the second portion
of the exterior housing of the mobile phone;
(d) wherein said first and second mask portions are retained to the exterior housing of
the mobile phone.
43. As presently advised, one or more Two Piece Accused Products also likely satisfy the limitations of, and infringe, dependent Claims 7 and 8 of the ‘195 Patent.
Claim 9
44. All Accused Products, as manufactured, sold, offered for sale, advertised, imported, shipped, distributed, and/or used by Defendant, comprise a protective mask adapted to be coupled to an exterior housing of a mobile phone having internal components including circuitry and a
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battery, which are covered by the exterior housing, in accordance with the limitations of Claim 9 of the ‘195 Patent.
45. Specifically, all Accused Products comprise:
(a) a first mask portion, molded to conform to the shape of a first portion of the exterior
housing of the mobile phone; and
(b) the first mask portion having flanges to allow the first mask portion to be coupled
to the mobile phone to retain the first mask portion to the first portion of the exterior
housing so that the first mask portion covers the first portion of the exterior housing
of the mobile phone.
46. As presently advised, one or more Two Piece Accused Products also likely satisfy the limitations of, and infringe, dependent Claims 10-12 of the ‘195 Patent.
47. To the extent required by law, BelAir has complied with the provisions of 35 U.S.C.
§ 287.
48. Defendant had notice of the ‘195 Patent and the likelihood of infringement thereof at least as early as December 17, 2019, pursuant to email and mail correspondence from BelAir to
Defendant via its Director.
49. Defendant’s direct infringement as described above, either literally or under the doctrine of equivalents, has injured BelAir and BelAir is entitled to recover damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty.
COUNT III: INFRINGEMENT OF UNITED STATES PATENT NO. 10,097,676
50. BelAir realleges and incorporates by reference paragraphs 1 through 21, inclusive, as though fully set forth herein.
51. Defendant directly infringes at least independent Claims 1, 5, 8, and 9 of the ‘676
Patent.
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Claim 1
52. All Accused Products, as manufactured, sold, offered for sale, advertised, imported, shipped, distributed, and/or used by Defendant, comprise a protective mask molded for frictional retention to an exterior housing of a mobile phone having user input and output interfaces, and internal components including circuitry and a battery, wherein the exterior housing completely encloses the circuitry and the battery when the mobile phone is fully assembled and ready for use, the exterior housing having an exterior shape formed by a back surface, and at least portions of opposed side surfaces, in accordance with the limitations of Claim 1 of the ‘676 Patent.
53. Specifically, all Accused Products comprise:
(a) an integrally-formed mask body molded and contoured to conform and frictionally-
fit tightly against the exterior shape of the exterior housing;
(b) an inner surface of the integrally-formed mask body defining an interior space of
the integrally-formed mask body and conforming to and in substantially continuous
surface-to-surface contact with the exterior shape of the exterior housing, with no
substantial space between the inner surface of the integrally-formed mask body and
the exterior shape of the exterior housing;
(c) at least one opening defined by the integrally-formed mask body permitting user
access to at least the user input and output interfaces; and
(d) at least one retainer having an extension protruding laterally inward from the
integrally-formed mask body and toward and into the integrally-formed mask body
interior space, wherein the at least one retainer is retained to the exterior housing at
an exterior housing edge when the mask is coupled to the mobile communication
device, the at least one retainer participating in retaining the integrally-formed mask
body to the mobile communication device.
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54. As presently advised, one or more Accused Products also likely satisfy the limitations of, and infringe, dependent Claims 2-4 of the ‘676 Patent.
Claim 5
55. All Accused Products, as manufactured, sold, offered for sale, advertised, imported, shipped, distributed, and/or used by Defendant, comprise a protective mask molded for frictional retention to an exterior housing of, and adapted to be coupled to, a mobile communication device having internal components including circuitry and a battery, wherein the exterior housing completely encloses the circuitry and battery when the mobile communication device is fully assembled and ready for use, and wherein the exterior housing has an exterior shape including a back face and at least portions of opposed side surfaces, in accordance with the limitations of
Claim 5 of the ‘676 Patent.
56. Specifically, all Accused Products comprise:
(a) an integrally-formed mask body molded and contoured to conform and frictionally
fit to the exterior shape of the exterior housing;
(b) an inner surface of the integrally-formed mask body defining an interior space of
the integrally-formed mask body and conforming to and in substantially continuous
surface-to-surface contact with the exterior shape of the exterior housing in
overlying and protecting relationship, without a substantial gap between the inner
surface of the integrally-formed mask body and the exterior shape of the exterior
housing, the integrally-formed mask body defining an opening enabling the mask
to be placed over the exterior shape in overlying and protecting relationship; and
(c) at least one retainer having an extension protruding laterally inward from the
integrally-formed mask body and toward and into the integrally-formed mask body
interior space, wherein the at least one retainer is retained to the exterior housing at
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an exterior housing edge when the mask is coupled to the mobile communication
device, the at least one retainer participating in retaining the integrally-formed mask
body to the mobile communication device.
57. As presently advised, one or more Accused Products also likely satisfy the limitations of, and infringe, dependent Claims 6 and 7 of the ‘676 Patent.
Claim 8
58. All Accused Products, as manufactured, sold, offered for sale, advertised, imported, shipped, distributed, and/or used by Defendant, comprise a mask for attachment to a hand-held mobile phone, the mobile phone having user input and output interfaces, internal components including circuitry and a battery, and an exterior housing completely enclosing the circuitry and battery when the mobile phone is fully assembled and ready for use, the exterior housing including a first face, a second face and opposed side surfaces there between, in accordance with the limitations of Claim 8 of the ‘676 Patent.
59. Specifically, all Accused Products comprise:
(a) an integrally-formed mask body molded to conform to a shape of the exterior
housing;
(b) inner and outer surfaces, the surfaces defining at least one opening in the integrally-
formed mask body providing access to at least one of the user input and output
interfaces, the integrally-formed mask body being configured such that, when the
mask is attached to the mobile phone, the integrally-formed mask body is
coextensive with, contours to and overlies the opposed side surfaces, with
substantially no space between the mask body and the opposed side surfaces; and
(c) at least one retainer having an extension protruding laterally inward from the
integrally-formed mask body and toward and into the integrally-formed mask body
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interior space, wherein the at least one retainer is retained to the exterior housing at
an exterior housing edge when the mask is coupled to the mobile communication
device, the at least one retainer participating in retaining the integrally-formed mask
body to the mobile communication device.
Claim 9
60. All Accused Products, as manufactured, sold, offered for sale, advertised, imported, shipped, distributed, and/or used by Defendant, comprise a protective mask molded for frictional retention to an exterior housing of a fully assembled mobile communication device having user input and output interfaces, the mobile communication device further having internal components including circuitry and a battery completely enclosed by the exterior housing, and the exterior housing having an exterior shape formed by a back surface and at least portions of opposed side surfaces, in accordance with the limitations of Claim 9 of the ‘676 Patent.
61. Specifically, all Accused Products comprise:
(a) an inner surface closely conforming to the exterior shape of the exterior housing
and in substantially continuous surface-to-surface contact with the exterior shape
of the exterior housing, with substantially no space between the inner surface of the
protective mask and the exterior shape when the protective mask is retained to the
exterior housing, the protective mask being molded, integrally formed, contoured
and sized to fit tightly against the exterior shape of the exterior housing, thereby
providing retention of the protective mask to the exterior housing;
(b) at least one opening defined by the protective mask permitting user access to at
least the user input and output interfaces; and
(c) at least one retainer having an extension protruding laterally inward from the
integrally-formed mask body and toward and into the integrally-formed mask body
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interior space, wherein the at least one retainer is retained to the exterior housing at
an exterior housing edge when the mask is coupled to the mobile communication
device, the at least one retainer participating in retaining the integrally-formed mask
body to the mobile communication device.
62. As presently advised, one or more Accused Products also likely satisfy the limitations of, and infringe, dependent Claims 10-12 of the ‘676 Patent.
63. To the extent required by law, BelAir has complied with the provisions of 35 U.S.C.
§ 287.
64. Defendant had notice of the ‘676 Patent and the likelihood of infringement thereof at least as early as December 17, 2019, pursuant to email and mail correspondence from BelAir to
Defendant via its Director.
65. Defendant’s infringement as described above, either literally or under the doctrine of equivalents, has injured BelAir and BelAir is entitled to recover damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff BelAir Electronics, Inc. respectfully requests this Court to enter judgment against Rearth USA, LLC – and against each of its subsidiaries, successors, parents, affiliates, officers, directors, agents, servants, employees, and all persons in active concert or participation with it – granting the following relief:
A. The entry of judgment in favor of Plaintiff and against Defendant;
B. An award of damages against Defendant adequate to compensate Plaintiff for the infringement that occurred, but in no event less than a reasonable royalty as permitted by 35 U.S.C.
§ 284, together with prejudgment interest from the date infringement began; and
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C. Such other relief to which Plaintiff is entitled under the law and any other and further relief that this Court or a jury may deem just and proper.
JURY DEMAND
Plaintiff demands a trial by jury on all issues presented in this Complaint.
Dated: August 24, 2021 Respectfully submitted,
/s/ Timothy J. Haller Timothy J. Haller 3125265IL HALLER LAW PLLC 230 E Delaware Pl, Ste 5E Chicago, IL 60611 Email: [email protected] Telephone: (630) 336-4283
Attorney for Plaintiff, BelAir Electronics, Inc.
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