Avus Holdings V. Muir - Complaint

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

Steven L. Rinehart (USB #11494) VESTED LAW, LLP 110 S. Regent Street, Suite 200 Salt Lake City, UT 84111 Telephone: (888) 941-9933 Mobile: (801) 347-5173 Facsimile: (801) 665-1292 Email: [email protected] Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION AVUS HOLDINGS, LLC D/B/A LOCK-JAW COLLAR, a California limited liability company;

Case No. 2:19-CV-228

COMPLAINT

Plaintiff, vs.

Magistrate Judge Dustin B. Pead

PATRICK C. MUIR, an individual; NEXT DISTRIBUTIONS, LLC; a foreign entity; and NEXT DISTRIBUTIONS, INC., a Utah corporation; Defendants.

COMES NOW Plaintiff Avus Holdings, LLC D/B/A Lock Jaw Collar (“Lock Jaw”), by and through counsel undersigned, and for cause of action against Defendants hereby alleges and claims as follows:

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PARTIES, JURISDICTION AND VENUE 1.

Plaintiff Avus Holdings, LLC (“Lock-Jaw”) is a limited liability company organized under the law of the state of California. Plaintiff does business a Lock Jaw Collar throughout the United States.

2.

Plaintiff is the owner by assignment of all three patents (collectively the “Patents-inSuit”) currently at issue in this action, including: (a) U.S. Patent No. 7,513,856 (the “‘856 Patent”) entitled, “Weight Plate Retention Collar” which issued on April 7, 2009 after a full and fair examination. A true and correct copy of the ‘856 Patent is attached hereto as Exhibit A. (b) U.S. Design Patent No. D764,608 (the “‘D608 Patent”) entitled, “Flexible Barbell Strap with an Over-Center Cam” which issued on August 23, 2016 after a full and fair examination. A true and correct copy of the ‘D608 Patent is attached hereto as Exhibit B. (c) U.S. Design Patent No. D780,860 (the “‘D860 Patent”) entitled, “Locking Barbell Collar” which issued on March 7, 2017 after a full and fair examination. A true and correct copy of the ‘D860 Patent is attached hereto as Exhibit C.

3.

Upon information and belief, Defendant Patrick Muir is an individual residing in Salt Lake County, Utah.

4.

Upon information and belief, Defendant Next Distributions, Inc. D/B/A Clout Fitness is a corporation formed under the laws of the state of Utah with its principal place of business in Salt Lake County, Utah.

5.

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

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6.

Upon information and belief, Defendant Next Distributions, LLC is a limited liability company formed under the laws of the state of Georgia with its principal place of business purportedly in Athens, Georgia but with an actual principal place of business in Salt Lake City, Utah.

7.

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

8.

This is an action for patent infringement arising under the Patent Laws of the United States, 35 U.S.C. § 1 et seq., including 35 U.S.C. § 271 and § 281.

9.

This Court has personal jurisdiction over Defendants because, on information and belief, Defendants do, and/or have done, substantial business in this judicial District, including: (i) committing acts of patent infringement in this judicial District and elsewhere in Utah; (ii) regularly doing business or soliciting business by virtue of Defendant’s nationwide, interactive and commercial product offerings online which directs Defendants’ products to Utah residents and by regularly soliciting them to purchase Defendants’ products; and (iii) engaging in other persistent courses of conduct, and/or deriving substantial revenue from products and/or services provided to persons in this District and State.

10.

Venue and jurisdiction in this district are proper under 28 U.S.C. § 2201, 15 U.S.C. § 1114, 28 U.S.C. § 1331, 1367 and 1338, 28 U.S.C. §§ 1391(b) and (c), and 1400(a), 35 U.S.C. § 271 and § 281, and under 15 U.S.C. §§ 1121. This Court has additional personal jurisdiction of Defendants because, inter alia, they reside and do business in the State of Utah pursuant to Utah Code Ann. § 78B-3-307(1)(b) and 78B-3-205 et seq.; and/or direct their products to the Forum.

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Case 2:19-cv-00228-DBP Document 2 Filed 04/03/19 Page 4 of 11

GENERAL ALLEGATIONS Introduction 11.

Plaintiff has been manufacturing and retailing barbell clamps for more than ten years and is the owner of multiple issued U.S. patents on barbell clamps.

12.

Upon information and belief, in around 2016, Defendant began selling barbell clamps modeled on Plaintiff’s products which infringe Plaintiff’s Patents-in-Suit.

These

products of Defendants include a product entitled “Quick Release Pair of Locking 2” Olympic Size Barbell Clamp Collar Great for Pro Training by Clout Fitness” shown below in listing on Amazon and eBay (“Accused Barbell Clamp 1”):

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13.

This Accused Product 1 of Defendants is a knockoff of Plaintiff’s product shown below, which is protected by one or more of the Patents-in-Suit in this action:

14.

Upon information and belief, Accused Product 1 is still for sale today online and/or elsewhere in the United States.

15.

Since releasing Accused Product 1, Defendants have produced other product(s) which Defendants are also selling which infringe Plaintiff’s Patents-in-Suit as set forth herein. These products are depicted below:

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Defendants’ Knowledge of the Patents 16.

In an attempt to resolve the present dispute amicably, Plaintiff sent Defendants the cease and desist letter attached hereto as Exhibit D on November 7, 2017, putting Defendants on notice that Defendants’ products were alleged to infringe the ‘856 Patent and enclosing the ‘856 Patent.

17.

Plaintiff subsequently put Defendants on notice that Defendants’ products infringed one or more of Plaintiff’s design patents through inter alia one or more complaints submitted to Amazon, which Defendants disputed.

18.

Defendants have refused to stop selling the infringing products, necessitating the present action at expense to Plaintiff.

19.

In the course of these conversations and communications, Defendants have denied infringement on baseless grounds and purported to analyze the substance of Plaintiff’s patents, including in those communications collectively attached hereto as Exhibit E.

20.

Plaintiff’s letters and complaints identified the infringed Patents-in-Suit with specificity, identified the products accused of infringing, and demanded that said infringement cease. Accordingly, Defendants had actual notice of Plaintiff’s issued Patents-in-Suit as early as its receipt of this letter on, or about, November 7, 2017, if not earlier.

21.

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

22.

In addition, Plaintiff has complied with the statutory marking requirements of 35 U.S.C. § 287 for the Patents-in-Suit. Accordingly, Defendants had constructive notice of the Patents-in-Suit prior to their receipt of Plaintiff’s November 7, 2017 letter.

23.

Defendants’ infringement of the Patents-in-Suit has been at all times willful. Given that Defendants’ products are near identical copies of Plaintiff’s patented products, and that

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Case 2:19-cv-00228-DBP Document 2 Filed 04/03/19 Page 7 of 11

Plaintiff marks its products pursuant to the requirements of 35 U.S.C. § 287, on information and belief Defendants’ infringement has been willful since the products were first manufactured and sales began. 24.

Defendants’ unlawful conduct has and will damage the Plaintiff through the loss of customers, profits, business, profits, reputation, and good will. Plaintiff has suffered further damage through expenditures associated with bringing this action. FIRST CAUSE OF ACTION PATENT INFRINGEMENT (UTILITY) OF U.S. PATENT NO. 7,513,856

25.

Plaintiff incorporates and re-alleges all of the foregoing paragraphs as if fully set forth herein.

26.

The ‘856 Patent is legally owned by Plaintiff and Plaintiff is solely entitled to recover damages from infringement of the ‘856 Patent.

27.

Defendants had constructive and actual notice of the ‘856 prior to commencement of this action, and notice that the ‘856 Patent covered the barbell clamps of Defendants.

28.

Defendants do not have a license right under the ‘856 Patent to make, import, use, offer for sale, or sell the accused products.

29.

One or more of Defendants’ products infringe at least Claims 1 – 3 of the ‘856 Patent inasmuch as the accused products literally, or under the doctrine of equivalents, embody each and every limitations of these claims. Upon further discovery, additional claims may also be infringed and asserted in this action.

30.

Defendants are responsible for the direct infringement of the ‘856 Patent.

31.

Plaintiff is entitled to recover from Defendants monetary damages in an amount not less than a reasonable royalty, including at least a minimum royalty for the interest they have attempted to create by offering the accused products for sale in the United States if not a

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Case 2:19-cv-00228-DBP Document 2 Filed 04/03/19 Page 8 of 11

greater reasonable royalty based upon a royalty rate applied to the base of actual units sold, for infringement occurring during the term of the ‘856 Patent from the time sale of the accused products began until such infringement ends. 32.

Plaintiff is also entitled to treble damages, exemplary damages and attorney fees as Defendants’ actions are willful and taken with knowledge of Plaintiff’s rights. SECOND CAUSE OF ACTION PATENT INFRINGEMENT (DESIGN) OF U.S. PATENT NO. D780,860

33.

Plaintiff incorporates and re-alleges all of the foregoing paragraphs as if fully set forth herein.

34.

The ‘D860 Patent is legally owned by Plaintiff and Plaintiff is solely entitled to recover damages from infringement of the ‘D860 Patent.

35.

Defendants had constructive and actual notice of the ‘D860 prior to commencement of this action, and notice that the ‘D860 Patent covered the barbell clamps of Defendants.

36.

Defendants do not have a license right under the ‘D860 Patent to make, import, use, offer for sale, or sell the accused products.

37.

One or more of Defendants’ products infringe the single claim of the ‘D860 Patent inasmuch as an ordinary observer and an ordinary designer would, at a minimum, find that the accused product’s design and the patented design are substantially similar.

38.

The patented design and one or more accused products are shown in this paragraph below:

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39.

Defendants have infringed and are still infringing the ‘D860 Patent by making, selling, and causing others to sell the patented design, and Defendants will continue to do so unless enjoined by this Court.

40.

Plaintiff is also entitled to exemplary damages and attorney fees as Defendants’ actions are willful and taken with knowledge of Plaintiff’s rights.

41.

Plaintiff is further entitled to an award of damages from Defendant pursuant to 35 U.S.C. § 284, together with reasonable attorney fees pursuant to 35 U.S. § 285. The damages awarded to Plaintiff should be trebled pursuant to 35 U.S.C. § 284 in light of Defendants’ willful and deliberate infringement. THIRD CAUSE OF ACTION PATENT INFRINGEMENT (DESIGN) OF U.S. PATENT NO. D764,608

42.

Plaintiff incorporates and re-alleges all of the foregoing paragraphs as if fully set forth herein.

43.

The ‘D608 Patent is legally owned by Plaintiff and Plaintiff is solely entitled to recover damages from infringement of the ‘D608 Patent.

44.

Defendants had constructive and actual notice of the ‘D608 prior to commencement of this action, and notice that the ‘D608 Patent covered the barbell clamps of Defendants.

45.

Defendants do not have a license right under the ‘D608 Patent to make, import, use, offer for sale, or sell the accused products.

46.

One or more of Defendants’ products infringe the single claim of the ‘D608 Patent inasmuch as an ordinary observer and an ordinary designer would, at a minimum, find that the accused product’s design and the patented design are substantially similar, as shown:

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Case 2:19-cv-00228-DBP Document 2 Filed 04/03/19 Page 10 of 11

47.

Defendants have infringed and are still infringing the ‘D608 Patent by making, selling, and causing others to sell the patented design, and Defendants will continue to do so unless enjoined by this Court.

48.

Plaintiff is also entitled to exemplary damages and attorney fees as Defendants’ actions are willful and taken with knowledge of Plaintiff’s rights.

49.

Plaintiff is further entitled to an award of damages from Defendant pursuant to 35 U.S.C. § 284, together with reasonable attorney fees pursuant to 35 U.S. § 285. The damages awarded to Plaintiff should be trebled pursuant to 35 U.S.C. § 284 in light of Defendants’ willful and deliberate infringement. DEMAND FOR JURY TRIAL Plaintiff respectfully requests a trial by jury of all issues properly triable by jury. PRAYER FOR RELIEF WHEREFORE, on the above claims, Plaintiff prays for judgment against Defendants as

follows: 1.

For a preliminary and permanent injunction restraining and enjoining Defendants, their agents, servants, employees, officers and those persons in act of concert or participation with Defendants, from any further patent infringement – including an order than Defendants promptly send corrective notice to online vendors and remove listings for Defendants’ products from online retailers and websites.

2.

For judgment holding Defendants liable for each of the patents-in-suit, including past and future damages allowed by law, including a reasonable royalty and prejudgment and post judgment interest allowed by law;

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3.

For a judgment holding that each of the Patents-in-Suit are enforceable and valid;

4.

For a judgment finding Defendants’ patent infringement is willful;

5.

For an award of exemplary damages allowed by law;

6.

For an award of attorney fees and costs allowed by law; and

7.

For all such other relief as the Court deems necessary and appropriate in law or equity under the circumstances. DATED AND SIGNED this 3rd day of April, 2019.

/s/ _________________________________ Steven Rinehart VESTED LAW 110 S. Regent Street, Suite 200 Salt Lake City, UT 84111 Tel: 801-347-5173 Email: [email protected] Attorney for Plaintiff

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

CIVIL COVER SHEET

JS 44 (Rev. 08/18)

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

Avus Holdings, LLC D/B/A Lock-Jaw Collar

Patrick C. Muir; Next Distributions, LLC; and Next Distributions, Inc.

Salt Lake

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) NOTE:

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

Salt Lake

(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Steven Rinehart 110 S. Regent St, Suite 200 Salt Lake City, UT 84111

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) ’ 1

U.S. Government Plaintiff

’ 3

Federal Question (U.S. Government Not a Party)

’ 2

U.S. Government Defendant

’ 4

Diversity (Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF Citizen of This State ’ 1

’ ’ ’ ’ ’

’ 2

’

2

Incorporated and Principal Place of Business In Another State

’ 5

’ 5

Citizen or Subject of a Foreign Country

’ 3

’

3

Foreign Nation

’ 6

’ 6

’ ’ ’ ’ ’ ’ ’

’ ’ ’ ’ ’ ’ ’ ’ ’ ’

’ ’ ’ ’ ’ ’

Click here for: Nature of Suit Code Descriptions.

TORTS

110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise

REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

’ ’ ’ ’ ’ ’ ’

PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education

and One Box for Defendant) PTF DEF Incorporated or Principal Place ’ 4 ’ 4 of Business In This State

Citizen of Another State

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DEF ’ 1

FORFEITURE/PENALTY

PERSONAL INJURY ’ 365 Personal Injury Product Liability ’ 367 Health Care/ Pharmaceutical Personal Injury Product Liability ’ 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY ’ 370 Other Fraud ’ 371 Truth in Lending ’ 380 Other Personal Property Damage ’ 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: ’ 463 Alien Detainee ’ 510 Motions to Vacate Sentence ’ 530 General ’ 535 Death Penalty Other: ’ 540 Mandamus & Other ’ 550 Civil Rights ’ 555 Prison Condition ’ 560 Civil Detainee Conditions of Confinement

’ 625 Drug Related Seizure of Property 21 USC 881 ’ 690 Other

LABOR ’ 710 Fair Labor Standards Act ’ 720 Labor/Management Relations ’ 740 Railway Labor Act ’ 751 Family and Medical Leave Act ’ 790 Other Labor Litigation ’ 791 Employee Retirement Income Security Act

BANKRUPTCY ’ 422 Appeal 28 USC 158 ’ 423 Withdrawal 28 USC 157 PROPERTY RIGHTS ’ 820 Copyrights ’ 830 Patent ’ 835 Patent - Abbreviated New Drug Application ’ 840 Trademark SOCIAL SECURITY ’ 861 HIA (1395ff) ’ 862 Black Lung (923) ’ 863 DIWC/DIWW (405(g)) ’ 864 SSID Title XVI ’ 865 RSI (405(g))

FEDERAL TAX SUITS ’ 870 Taxes (U.S. Plaintiff or Defendant) ’ 871 IRS—Third Party 26 USC 7609

IMMIGRATION ’ 462 Naturalization Application ’ 465 Other Immigration Actions

OTHER STATUTES ’ 375 False Claims Act ’ 376 Qui Tam (31 USC 3729(a)) ’ 400 State Reapportionment ’ 410 Antitrust ’ 430 Banks and Banking ’ 450 Commerce ’ 460 Deportation ’ 470 Racketeer Influenced and Corrupt Organizations ’ 480 Consumer Credit ’ 485 Telephone Consumer Protection Act ’ 490 Cable/Sat TV ’ 850 Securities/Commodities/ Exchange ’ 890 Other Statutory Actions ’ 891 Agricultural Acts ’ 893 Environmental Matters ’ 895 Freedom of Information Act ’ 896 Arbitration ’ 899 Administrative Procedure Act/Review or Appeal of Agency Decision ’ 950 Constitutionality of State Statutes

V. ORIGIN (Place an “X” in One Box Only) ’ 1 Original Proceeding

’ 2 Removed from State Court

’ 3

’ 6 Multidistrict Litigation Transfer (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Remanded from Appellate Court

’ 4 Reinstated or Reopened

’ 5 Transferred from Another District

’ 8 Multidistrict Litigation Direct File

35 U.S.C. § 271

VI. CAUSE OF ACTION Brief description of cause:

Patent infringement, utility and design

’ CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DATE

CHECK YES only if demanded in complaint: ’ Yes ’ No JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/steven rinehart/

04/03/2019 FOR OFFICE USE ONLY RECEIPT #

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

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)

(b)

(c)

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. 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.) 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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Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

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

EXHIBIT A

I 11111 1 111111 1 1 1111 1111 11111 1111111111 1 11111111111 1 lll1111111 1 111111

Case 2:19-cv-00228-DBP Document 2-2 Filed 04/03/19 Page 2 of 11 US007513856B2

c12)

United States Patent

Jones

(54) WEIGHT PLATE RETENTION COLLAR (76)

Inventor:

( * ) Notice:

(45)

Subject to any disclaimer,the term ofthis patent is extended or adjusted under 35 U.S.C. 154(b) by 105 days.

Appl. No.: 11/803,582

(22)

Filed:

References Cited U.S. PATENT DOCUMENTS 2,298,710 A * 10/1942 Mackay et al ................. 24/270 4,639,979 A * 2/1987 Polson ....................... 482/107 6,405,411 Bl* 6/2002 Allemann et al. .............. 24/19

* cited by examiner Primary Examiner-Jerome Donnelly (74) Attorney, Agent, or Firm-Sandy Lipkin

May 14, 2007 Prior Publication Data

US 2008/0287271 Al

Patent No.: US 7,513,856 B2 Date of Patent: Apr. 7, 2009

(56)

Dylan Jones, P.O. Box 2160, Santa Barbara, CA (US) 93120

(21)

(65)

(IO)

Nov. 20,2008

(51)

Int. Cl. A63B 211072 (2006.01) (52) U.S. Cl. .......................... 482/107; 482/98; 482/108 (58) Field of Classification Search ..................... 24/19, 24/270,271,273; 482/104-107 See application file for complete search history.

(57)

ABSTRACT

A retention collar for securing weights to a barbell that includes two side plates with a pull bar and a cam lever. Two sets of pressure pins provide a frictional fit with the barbell when the collar is in its closed position,which is achieved by use ofthe am lever. The side plates are secured to each other by screws or rivets. 8 Claims, 6 Drawing Sheets

25

10

11

16

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U.S. Patent

Apr. 7, 2009

Sheet 1 of 6

US 7,513,856 B2

10

11

FIG. 1

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U.S. Patent

US 7,513,856 B2

Sheet 2 of 6

Apr. 7, 2009

20 19

10

14

FIG. 2 10

19

22 20

11 21

FIG. 3

13

14 12

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U.S. Patent

Apr. 7, 2009

Sheet 3 of 6

US 7,513,856 B2

Case 2:19-cv-00228-DBP Document 2-2 Filed 04/03/19 Page 6 of 11

U.S. Patent

Apr. 7, 2009

Sheet 4 of 6

US 7,513,856 B2

11

10 \ 18

14

14

FIG. 5A 10

FIG. 5B 12

FIG. 5C

17 I

11

15 - 14 �

21 15

FIG. 6

15

Case 2:19-cv-00228-DBP Document 2-2 Filed 04/03/19 Page 7 of 11

U.S. Patent

Apr. 7, 2009

US 7,513,856 B2

Sheet 5 of 6

--23

19 22

21

20

10

11

FIG. 7 �10

13 14--

FIG. 8

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U.S. Patent

Apr. 7, 2009

Sheet 6 of 6

US 7,513,856 B2

Case 2:19-cv-00228-DBP Document 2-2 Filed 04/03/19 Page 9 of 11

1

US 7,513,856 B2

BACKGROUND OF THE INVENTION 1. Field of the Invention The present invention relates generally to the field of weight training devices and more particularly to barbells and dumbbells that use removable weight plates. 2. Description of the Prior Art Free weights are used for recreational purposes in schools, rehabilitation purposes in physical therapy settings and by the general public as a tool to improve and maintain physical fitness through improved strength and increased muscle mass. Weight lifting for improvement and maintenance of physi­ cal fitness has led to a boon not only physical fitness facilities, but also in the use of home exercise equipment. Most weight lifting regimens involve the use of free weights. Free weights consist of barbells or dumbbells and weight plates. Barbells in particular must be used in conjunction with weight plates to achieve a desired weight amount. To achieve the utility of these components, a user must use both the bar of the barbell and the weight plates, along with a means for securing the weight plates to the bar. Weight plates traditionally consist of a disc shaped mass with a cylindrical hole placed through the center of the plate to retain the plate to the bar. Barbells have a cylindrical handle, longer than a dumbbell. Weight masses are attached at both ends ofthe bar, or the bar can accept weight plates at both ends to reach a desired overall mass. The weight plates are mounted on the barbell sleeve, which is a component that is permanently attached the barbell. The barbell sleeve consists of a sleeve collar and a sleeve body. When using a barbell (or adjustable dumbbell) the free weights need to be securely fastened to the bar and easy to use. Unexpected movement of the weight plates need to be prevented for safety. Furthermore, the weight plates need to be secured in a manner that does not damage the barbell, the weight plates, or the dumbbell. Prior art in the field seeks to achieve these ends, but here­ tofore has been somewhat hit or miss with regard to success. Existing products use springs, spring-loaded cams, or screws to secure themselves to the bar. Current inventions that use screws or threaded rods can damage the barbell sleeve. Prior art products are heavy and add a significant amount of weight to the barbell assembly. Current products lack durability and are often made of many small parts that can be lost or broken. Many current products use two or more inches of sleeve length in order to fasten securely, making the entire apparatus bulky. Furthermore, current inventions do not accommodate all sizes of barbell sleeves equally due to the limited range of their clamping force. Some prior art has included locking pins (U.S. Pat. No. 4,955,603 to Becker); plunger type pieces (U.S. Pat. No. 5,346,449 to Schlagel; U.S. Pat. No. 5,911,651 to Liu; and U.S. Pat. No. 6,059,700 to Ellenburg); a-rings (U.S. Pat. No. 5,449,333 to Carter); bolts and screws (U.S. Pat. No. 6,602, 169 to Patti; a rotating handle with a washer and tie-rod (U.S. Pat. No. 6,887,189 to Schiff); a ratcheting apparatus (U.S. Pat. No. 6,971,974 to Bowman et al.); an internal cam mecha­ nism (U.S. Pat. No. 7,025,713 to Dalebout et al.); and inter­ locking components (U.S. Pat. No. 7,048,678). Other prior art has used friction points similar to the present invention, but with different, more complex structures. See U.S. Pat. No. 4,893,810 to Lee; U.S. Pat. No. 5,591,109 to

2

Strnad; U.S. Pat. No. 5,605,411 to Wilson et al; and U.S. Pat. No. 6,007,268 to Whittington et al.

WEIGHT PLATE RETENTION COLLAR

SUMMARY OF THE INVENTION

10

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35

40

45

50

55

60

65

The current invention includes a plurality of components that, when intended, apply external pressure to the surface of a barbell sleeve. The pressure retains the invention due to the friction between the device and the barbell sleeve. The friction is created between the malleable cylindrical pins and the barbell sleeve. The invention preferably consists of two semi-circular components, hinged at one end. The other ends would be attached to one another through one or more components that provide the function of activating a pivot, thereby applying pressure to the weight sleeve. The device has two functional states. First, is the open position and second is the closed position. In the open posi­ tion, the invention slides over the barbell sleeve easily in order to place in thereon. In the closed position, the device is clamped firmly to the barbell sleeve, thus restricting its move­ ment. Weight plates will be securely retained between the sleeve collar and the device, reducing the tendency of the free weights of sliding free from the barbell sleeve. The preferred embodiment of invention defines a weight retention collar for securing weight plates to a barbell com­ prising an outer frame that is shaped to form an interior space sufficient to allow the placement of a barbell therein, the frame having a first side and second side; a plurality of pressure pins, each of the pressure pins having a first side and second side, the first side of each of the pressure pins being attached to the interior of the first side of the outer frame and the second side of each of the pressure pins being attached to the interior of the second side of the outer frame; a pull bar connected to one of the plurality of pressure pins; and a lever attached to the pull bar; wherein when the lever is activated to pull on the pull bar, the pressure pins close the outer frame around the barbell. The embodiment above can be further modified by defining that the collar is used to secure weight plates to a dumbbell. The embodiment above can be further modified by defining that the interior space of the outer frame is substantially cylindrical in shape. The embodiment above can be further modified by defining that the pressure pins are substantially cylindrical in shape. The embodiment above can be further modified by defining that the lever is a cam lever. An alternative embodiment of the instant invention is a method for securing weights to a barbell comprising place­ ment of one or more weights on the sleeve of a barbell; placement of a weight retention collar in its open position around the sleeve of the barbell behind the weight plates, the weight retention collar further comprising an outer frame that is shaped to form an interior space sufficient to allow the placement of the barbell therein, the frame having a first side and second side; a plurality of pressure pins, each of the pressure pins having a first side and second side, the first side of each of the pressure pins being attached to the interior of the first side of the outer frame and the second side of each of the pressure pins being attached to the interior of the second side of the outer frame; a pull bar connected to one of the plurality of pressure pins; a lever attached to the pull bar; moving the weight retention collar to its closed position through the activation of the lever, the activation allowing the lever to pull on the pull bar, the pressure pins closing the outer frame around the barbell.

Case 2:19-cv-00228-DBP Document 2-2 Filed 04/03/19 Page 10 of 11

3

US 7,513,856 B2

The embodiment above can be further modified by defining that the collar is used to secure weight plates to a dumbbell. The embodiment above can be further modified by defining that the interior space of the outer frame is substantially cylindrical in shape. The embodiment above can be further modified by defining that the pressure pins are substantially cylindrical in shape. The embodiment above can be further modified by defining that the lever is a cam lever.

4

The invention itself is a weight plate retention collar 10 whose component parts can be seen in detail in FIGS. 1, 6, 8 and 9. The component parts include the cam lever 11, which attaches to the pull bar 12; a series of pressure pins 13; an 5 outside plate 14 composed of for pieces that connect together and that can be seen in detail in FIG. 9; and a series of holes 15 and pins 16 that hold the pressure pins 13 in place inside the outside plate 14. In FIG. 9 another hole 17 connects the cam lever 11 to the outside plate 14. Yet another hole 18 1o connects the pull bar 12 to the cam lever 11. Shown as a means for attaching the pins 16 to the holes 15, the attaching means BRIEF DESCRIPTION OF THE DR AWINGS are screws 25, but rivets, glue or any other means that will secure the pins 16 to the holes 15 can also be used. This invention can better be understood by reference to the The weight plate retention collar 10 attaches to a barbell drawings, provided for exemplary purposes, and in which: 15 19. The barbell 19 includes the barbell bar 20, the sleeve body FIG. 1 is a perspective view of the invention. 21 and the sleeve collar 22. The sleeve collar 22 is in place to FIG. 2 is a perspective view of the invention as it attaches provide a set point for the weight plates 23 to abut against to to a barbell sleeve. increase the work load for the weight lifter. Once the weight FIG. 3 is a top view of the invention as it attaches to a plates 23 are placed on the sleeve body 21 and pressed against barbell sleeve. FIG. 4 is a perspective view of the invention as it is used on 20 the sleeve collar 22, the weight plate retention collar 10 is then placed around the sleeve body 21 while in the open position as a barbell sleeve to secure weight plates. illustrated in FIG. SA. FIG. SA is a view of the invention in the open position of Once on the sleeve body 21, the weight plate retention attachment to the barbell sleeve. collar 10 is then placed against the weight plates 23 forming FIG. SB is a view of the invention in the intermediate 25 a snug fit against the sleeve collar 22, as illustrated in FIGS. 4 position of attachment to the barbell sleeve. and 7. The cam lever 11 is then moved through the interme­ FIG. SC is a view of the invention in the closed position of diate position as illustrated in FIG. SB and into the closed attachment to the barbell sleeve. position as illustrated in FIG. SC. The cam lever 11 pulls on FIG. 6 is a cross-section view of the invention illustrating the pull bar 12 and brings the pressure pins 13 together and the cylindrical pressure pins. 30 tightens the outside plate 14 against the barbell sleeve 21, FIG. 7 is a side view of the invention as it is used on a holding the weight plates 23 snugly in place for use. barbell sleeve to secure weight plates. The illustrations and examples provided herein are for FIG. 8 is perspective view of the invention from the oppo­ explanatory purposes and are not intended to limit the scope site direction from FIG. 1. of the appended claims. This disclosure is to be considered an FIG. 9 is an exploded view of the invention. 35 exemplification of the principles of the invention and is not intended to limit the spirit and scope of the invention and/or DETAILED DESCRIPTION OF THE PREFERRED claims of the embodiment illustrated. Those skilled in the art EMBODIMENT will make modifications to the invention for particular applications of the invention. The preferred embodiment of the invention is illustrated in 40 the attached figures. The cam lever is hinged to the side plates. What is claimed is: The pull bar is also hinged to the cam lever and the other pair 1. A weight retention collar for securing weight plates to a of side plates. Both pairs of side plates should all be hinged barbell comprising together at their opposing ends. This combination of hinges an outer frame that is shaped to form an interior space creates the mechanical assembly of the device. 45 sufficient to allow the placement of said barbell therein, The pressure pins attached to the side plates by cylindrical said frame having a first side and second side; pins that pass through their centers. By this means of attach­ a plurality of pressure pins that are substantially cylindrical ment, there is no way that these cylindrical pressure pins can in shape, each of said pressure pins having a first side and be disconnected from their mountings. Finally, the side plates second side, said first side of each of said pressure pins are attached to one another with four metal screws or rivets 50 being attached to the interior of said first side of said which keep the assembly from becoming loose. outer frame and said second side of each of said pressure This invention will reduce the tendency for the weight pins being attached to the interior of said second side of plates to slide free from the barbell sleeve. It adds less weight said outer frame; to the barbell than prior art devices. It uses less space on the a pull bar connected to one of said plurality of pressure barbell sleeve. It is significantly more durable than similar 55 pins; and devices. It is simpler and more ergonomic to use than existing a lever attached to said pull bar; inventions, and it accommodates a wide range of barbell wherein when said lever is activated to pull on said pull bar, sleeves. said pressure pins close said outer frame around said barbell. The invention is operated by first opening the cam lever 2. A weight retention collar as defined in claim 1 wherein until the invention is in the fully open position. Then the cam 60 said interior space of said outer frame is substantially cylin­ lever bottoms out on the pull bar, creating a natural stop. The drical in shape. device is then slid onto the barbell sleeve until it makes 3. A weight retention collar as defined in claim 1 wherein contact with the weight plate. The user then applies pressure said lever is a cam lever. to the device to firmly secure the weight plates against the 4. A method for securing weights to a barbell comprising barbell collar. The cam lever is then closed, resulting the in 65 device locking itself securely onto the bar. The weight plates placement of one or more weights on the sleeve of said will now be held tightly against the barbell collar. barbell;

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5

US 7,513,856 B2

6

placement of a weight retention collar in its open position moving said weight retention collar to its closed position around said sleeve of said barbell behind said weight through the activation ofsaid lever said activation allow­ plates, said weight retention collar further comprising ing said lever to pull on said pull bar, said pressure pins an outer frame that is shaped to form an interior space closing said outer frame around said barbell. sufficient to allow the placement of said barbell s 5. A method as defined in claim 4 wherein said collar is therein, said frame having a first side and second side; used to secure weight plates to a dumbbell. a plurality of pressure pins, each of said pressure pins 6. A method as defined in claim 4 wherein said interior having a first side and second side, said first side of space of said outer frame is substantially cylindrical in shape. each of said pressure pins being attached to the inte­ 7. A method as defined in claim 4 wherein said pressure rior of said first side of said outer frame and said 10 pins are substantially cylindrical in shape. second side of each of said pressure pins being 8. A method as defined in claim 4 wherein said lever is a attached to the interior of said second side of said cam lever. outer frame; a pull bar connected to one of said plurality of pressure pins; and * * * * * a lever attached to said pull bar;

Case 2:19-cv-00228-DBP Document 2-3 Filed 04/03/19 Page 1 of 10

EXHIBIT B

Case 2:19-cv-00228-DBP Document 2-3 Filed 04/03/19 Page 2 of 10 USOOD764608S

(12) Jones United States Design Patent (10) Patent No.:

US D764,608 S

(45) Date of Patent:

(54)

FLEXBLE BARBELL STRAP WITH AN OVER-CENTER CAM

. Aug. 23, 2016

7,494.451 B1 7,513,856 B2

2/2009 Ramos 4/2009 Jones

8,006,711 B2 *

8/2011 Pietrzak ................... A45B 9.00 135.65

8,397,421 B2 * 3/2013 Ding ..................... F41G 11 003

(71) Applicant: Dylan Jones, Santa Barbara, CA (US)

42,124

D694,841 S * 12/2013 Ciminski ..................... D21,681 8,776,810 B2 * 7/2014 Lah .......................... A45B 9.00 135.65

(72) Inventor: Dylan Jones, Santa Barbara, CA (US) (**)

Term:

D736,884 S * 8/2015 Lovley, II .................... D21,839 9,109,616 B1* 8/2015 Ballentine ... ... F16B 7,1454 9,212,777 B2 * 12/2015 Shi ........ F16M 13,022 9,297,477 B2* 3/2016 Yoder ..................... F16K 35/10 OTHER PUBLICATIONS

15 Years

(21) Appl. No.: 29/544,453 Nov. 3, 2015 (22) Filed: (51) LOC (10) Cl. ................................................ 21-02 (52) U.S. C.

(58)

USPC ......................................................... D21A694 Field of Classification Search

USPC ............. 482/107, 108, 106, 44, 148,93, 910;

D21/694,681, 679, 839; D8/396, 331, D8/399, 3.94: D13/152, 154; D6/682: D23/265; 24/580.11, DIG. 44, DIG. 53, 24/273,530, 270,524; 285/409,366,410, 285/411, 112,373; 403/318, 359.3, 344, 403/362, 17,374.5, 109.1; 135/75, 65, 76; 42/124, 127; 1/1 CPC .................. Y10S 707/99938; G06F 17/30362; G06F 9/526; G06F 9/52; E05B 47/0012: A63B 21 FO728

See application file for complete search history. (56)

References Cited U.S. PATENT DOCUMENTS

D188,377 S * 7/1960 Martin ......................... D13,152 3,113,791 A * 12, 1963 Frost ....................... F16L 17 O4 24,270

D280,433 S *

9, 1985 Lincir .......................... D21,694

4,639,979 A 4,773,641 A

2, 1987 Polson 9, 1988 Metz

5,295,933 A *

3/1994 Ciminski ........... A63B 21,0728 24,270

D437,015 S * 1/2001 Rojas ........................... D21,679 D550,075 S * 9/2007 Tung ... ... D8,396 D584,604 S *

1/2009 Baldwin ........................ D8,396

Lock-Jaw HEXby Lock-Jaw dated no date given. Found online Jun. 16, 2016 http://lockjaw.collar.com/products/lock-jaw-hex.*

* cited by examiner Primary Examiner — Robert M Spear Assistant Examiner — Ryan Harvey (74) Attorney, Agent, or Firm — QuickPatents, LLC; Kevin Prince

(57)

CLAM

I claim the ornamental design for a flexible barbell strap with

an over-center cam, as shown and described. DESCRIPTION

FIG. 1 is a perspective view of a flexible barbell strap with an over-centercam showing my new design in a locked position; FIG. 2 is a right-side elevational view of FIG. 1;

FIG. 3 is a left-side elevational view of FIG. 1; FIG. 4 is a front elevational view of FIG. 1; FIG. 5 is a rear elevational view of FIG. 1;

FIG. 6 is a top plan view of FIG. 1; FIG. 7 is a bottom plan view of FIG. 1; FIG. 8 is a perspective view thereof, illustrated in an unlocked position; FIG.9 is a right-side elevational view of FIG. 8: FIG. 10 is a left-side elevational view of FIG. 8: FIG. 11 is a front elevational view of FIG. 8: FIG. 12 is a rear elevational view of FIG. 8:

FIG. 13 is a top plan view of FIG. 8; and, FIG. 14 is a bottom plan view of FIG.8. The broken lines showing a dumbell and weight in FIGS. 1 and 8 depict environmental matter and form no part of the claimed design. 1 Claim, 8 Drawing Sheets

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U.S. Patent

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EXHIBIT C

Case 2:19-cv-00228-DBP Document 2-4 Filed 04/03/19 Page 2 of 11 USOOD780860S

(12) Jones United States Design Patent (10) Patent No.:

US D780,860 S

(45) Date of Patent:

(54) LOCKING BARBELL COLLAR (71) Applicant: Dylan Jones, Santa Barbara, CA (US) (72) Inventor: Dylan Jones, Santa Barbara, CA (US) (**) Term:

15 Years

(21) Appl. No.: 29/556,696 (22) Filed: Mar. 2, 2016 (51) LOC (10) Cl. ............................................... 21-02

. Mar. 7, 2017

(Continued) Primary Examiner — Robert M Spear Assistant Examiner — Ryan Harvey (74) Attorney, Agent, or Firm — QuickPatents, LLC; Kevin Prince

(52) U.S. Cl. USPC ........................................... D21/694; D8/396

(57)

(58) Field of Classification Search USPC ........... 482/107, 108, 106, 44, 148, 93, 910; D21/694,681, 679, 839; D8/396, 331, D8/399, 3.94: D13/152, 154; D6/682: D23/265; 24/580.11, DIG. 44, DIG. 53, 24/273, 530, 270, 524; 285/409, 366, 285/410, 411, 112, 373; 403/318, 359.3, 403/344, 362, 17, 374.5, 109.1; 135/75, 135/65, 76; 42/124, 127; 1/1 CPC ....... Y10S 707/99938; G06F 17/30362; G06F 9/526; G06F 9/52; E05B 47/0012

See application file for complete search history.

(56)

References Cited U.S. PATENT DOCUMENTS

D188,377 S * 7/1960 Martin ......................... D13,152 3,113,791 A * 12, 1963 Frost ....................... F16L 17 O4 24,270

3,305,234. A *

2, 1967 Cline ................. A63B 21,0728 24,270

D280,433 S * 9, 1985 Lincir .......................... D21,694 D287,387 S * 12/1986 Oliver .......................... D21,694

(Continued) OTHER PUBLICATIONS

Lock-Jaw PRO 2 Barbell Collar (2" / 50mm) by Lock Jaw dated Dec. 27, 2016. Found online Jan. 5, 2017 https://www.amazon. com/Lock-Jaw-Pro-Barbell-Collar-50mm/dp/B01 MQFOKKU2

CLAM

I claim the ornamental design for a locking barbell collar, as shown and described.

DESCRIPTION

FIG. 1 is a perspective view of a locking barbell collar, showing my new design in a locked configuration; FIG. 2 is a right-side elevational view of FIG. 1; FIG. 3 is a left-side elevational view of FIG. 1; FIG. 4 is a front elevational view of FIG. 1; FIG. 5 is a rear elevational view of FIG. 1;

FIG. 6 is a top plan view of FIG. 1; FIG. 7 is a bottom plan view of FIG. 1; FIG. 8 is a perspective view thereof, illustrated in an open configuration; FIG. 9 is a right-side elevational view of FIG. 8: FIG. 10 is a left-side elevational view of FIG. 8: FIG. 11 is a front elevational view of FIG. 8: FIG. 12 is a rear elevational view of FIG. 8:

FIG. 13 is a top plan view of FIG. 8; and, FIG. 14 is a bottom plan view of FIG. 8. The broken lines showing a dumbell and weight in FIGS. 1 and 8 depict environmental matter and form no part of the claimed design. 1 Claim, 8 Drawing Sheets

Case 2:19-cv-00228-DBP Document 2-4 Filed 04/03/19 Page 3 of 11

US D780,860 S Page 2 (56)

References Cited

8,397,421 B2 * 3/2013 Ding ..................... F41G 11,003

U.S. PATENT DOCUMENTS

D694,841 S * 12/2013 Ciminski ..................... D21,681 8,776,810 B2 * 7/2014 Lah .......................... A45B 9.00 135.65

42,124

4,639,979 A *

2/1987 Polson ............... A63B 21,0728

4,773.641 A

9, 1988 Metz .................. A63B 21,0728

D736,884 S *

8/2015 Lovley, II .................... D21,839

24f671

9,109,616 B1*

8/2015 Ballentine .

-

24,273

D712,730 S * 9/2014 Gridley .......................... D8,396 F16B 7,1454

ck

5,295,933 A * 3/1994 Ciminski ........... A63B 21,0728 24,270 5,591,109 A * 1/1997 Strnad ................ A63B 21,0728

35.73. '58. S". F.39, 4-1 ck RSS : 833. It rR::

24,524

2008/028.7271 A1* 11/2008 Jones ................. A63B 21,0728

8/1999 Kroulik. ... D23,265 1/2001 Rojas ... ... D21,679 3/2001 Elliott ..................... F16L23/10

482/107

D412,972 S * D437,015 S D438,783 S *

D8,396

D550,075 S : 9/2007 Tung r D8,396 D584,604 S ck

1/2009 Baldwin ........................ D8,396

7,494.451 B1

2/2009 Ramos ............... A63B 21,0728 482/107 7,828,340 B2 * 1 1/2010 Heelan, Jr. ............ F16L 21,065

OTHER PUBLICATIONS

Rogue HG Collars by Rogue dated Jan. 5, 2012. Found online Jan. 5, 2017 http://www.roguefitness.com/rogue-hg-collars.*

Lock-Jaw PRO 2 by Lock.Jaw dated no date given. Found online Jan. 5, 2017 http://lockjaw.collar.com/collections/lock-jaw-bar bell-collars/products/lock-jaw-pro-2.*

285,366

D641,993 S * 7/2011 Scott .............................. D6,682

* cited by examiner

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U.S. Patent

Mar. 7, 2017

F.G. 1

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EXHIBIT D

Case 2:19-cv-00228-DBP Document 2-5 Filed 04/03/19 Page 2 of 3

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