x-1 audio v. otter products et. al

7/30/2019 X-1 Audio v. Otter Products et. al.

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COMPLAINT

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ALLISON H. GODDARD (211098)PATTERSON LAW GROUP, APC

402 West Broadway, 29th

Floor

San Diego, CA 92101

Phone: (619) 398-4760

Fax: (619) 756-6991E-mail: [email protected]

RAYMOND P. NIRO (Pro Hac Vice to be filed)LAURA A. KENNEALLY (Pro Hac Vice to be filed)OLIVIA T. LUK(Pro Hac Vice to be filed)

NIRO, HALLER & NIRO181 West Madison St., Suite 4600

Chicago, IL 60602-4515

Phone: (312) 236-0733

Fax: (312) 236-3137E-mail: [email protected]: [email protected]: [email protected]

Attorneys forPlaintiff

X-1Audio, Inc.

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

X-1 AUDIO, INC.

Plaintiff,

v.

OTTER PRODUCTS, LLC and

TREEFROG DEVELOPMENTS,

INC., d/b/a LIFEPROOF

Defendants.

Case No.

COMPLAINT FOR PATENT

INFRINGEMENT

JURY TRIAL DEMANDED

Plaintiff X-1 Audio, Inc. for its Complaint against Defendants Otter

Products, LLC ("OtterBox") and Treefrog Developments, Inc. d/b/a LifeProof

("LifeProof") (collectively, "Defendants") states as follows:

'13CV2021 NLSJAH


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NATURE OF THE CASE

1. This is a claim for patent infringement arising under the patent laws ofthe United States, Title 35 of the United States Code. This Court has exclusive

jurisdiction over the subject matter of this case under 28 U.S.C. 1331 and

1338(a).

THE PARTIES

2. Plaintiff X-1 Audio, Inc. ("X-1") is a California corporation having itsprimary place of business at 5771 Copley Drive, Suite 102, San Diego, California

92111. X-1 is in the business of, among other things, developing, manufacturing

and selling audio solutions. X-1 offers a variety products and accessories some of

which are for use in an aquatic environment such as waterproof headphones and

waterproof cases for smartphones and iPods. The company was founded as Diver

Entertainment Systems, Inc. (a.k.a. H2O Audio, Inc.) in 2001 and recently

underwent a name change to X-1 Audio, Inc. in 2012.

3. X-1 owns all rights, title and interest in and has standing to sue forinfringement of Unites States Patent No. 7,263,032 B2 ("the '032 Patent") entitled

"System For Housing An Audio System In An Aquatic Environment," which

issued on August 28, 2007. The 032 Patent is attached hereto as Exhibit A.

4. Defendant Otter Products, LLC ("OtterBox") is a Colorado limitedliability company with its principal place of business at 209 S. Meldrum Street,

Fort Collins, Colorado 80521.

5. Upon information and belief, as of May 22, 2013, OtterBox operatesas a parent company of Treefrog Developments, Inc. d/b/a LifeProof.

6. Defendant Treefrog Developments, Inc., d/b/a LifeProof is aDelaware Corporation with its principal place of business at 15110 Avenue of

Science, San Diego, California 92128.


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7. Upon information and belief, Treefrog Developments, Inc. doesbusiness as "LifeProof."

8. Upon information and belief, as of May 22, 2013, TreeFrogDevelopments, Inc. operates as a subsidiary of Otter Products, LLC.

JURISDICTION AND VENUE

9. OtterBox designs, manufactures, distributes, offers for sale and sellsprotective cases for smartphones and tablets, including its Armor line of

smartphone cases for Apple iPhone 4/4S, Apple iPhone 5 and Samsung Galaxy

SIII, as well as other accessories for smartphones and tablets. OtterBox sells its

products through authorized retailers as well as through its website:

http://www.otterbox.com.

10. Through at least the foregoing activities, OtterBox is doing businessin this judicial district, has purposefully availed itself of the privilege of conducting

business with residents of this judicial district, and has established sufficient

minimum contacts with the State of California such that it should reasonably and

fairly anticipate being brought into court in this judicial district.

11. LifeProof designs, manufactures, distributes and sells protective casesfor smartphones and tablet personal computers, including, without limitation, its

Nd and Fr line of products for at least the following: Apple iPhone 4/4S, Apple

iPhone 5, Apple iPad 2/3/4, Apple iPod Touch 4th Gen, Apple iPod Touch 5th Gen

and Samsung Galaxy SIII, as well as other accessories such as headphone adaptors

and armbands. LifeProof sells and markets its products in this judicial district

through authorized retailers as well as through its website www.lifeproof.com.

12. LifeProof is headquartered in this judicial district and, through at leastthe foregoing activities, LifeProof is also doing business in this judicial district and

has purposefully availed itself of the privilege of conducting business with


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residents of this judicial district, such that it should reasonably and fairly anticipate

being brought into court in this judicial district.

13. Venue is proper in this district pursuant to 28 U.S.C. 1391(b)-(d)and 1400(b).

CLAIMS FOR PATENT INFRINGEMENT

FIRST CLAIM FOR INFRINGEMENT

(Infringement of U.S. Patent No.7,263,032 against OtterBox)

14. Plaintiff incorporates by reference Paragraphs 1 through 13 of thisComplaint as if set forth in their entirety.

15. OtterBox has known about the '032 Patent since at least July 2008.16. OtterBox has manufactured, offered to sell, sold and continues to sell

in the United States, protective cases for smartphones and tablets that infringe the

'032 Patent, including its Armor line of smartphone cases for the Apple iPhone

4/4S, Apple iPhone 5 and Samsung Galaxy SIII, and other protective cases with

different names or model numbers but with substantially the same design, features

and functionalities as OtterBox's Armor line of cases for the Apple iPhone 4/4S,

Apple iPhone 5 and Samsung Galaxy SIII ("the '032 Patent Accused OtterBox

Products").

17. The '032 Patent Accused OtterBox Products are waterproof.18. The '032 Patent Accused OtterBox Products each have a waterproof

housing.

19. OtterBox has infringed and continues to infringe at least claims 23,24, 25, 26, 29, 36, 37, 38, 39, 42, 49 and 50 of the '032 Patent within the meaning

of 35 U.S.C. 271(a) through the foregoing activities including, without

limitation, manufacturing, offering to sell, selling, and/or importing the '032 Patent

Accused OtterBox Products in the United States.


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20. OtterBox has indirectly infringed and continues to indirectly infringeat least claims 23, 24, 25, 26, 29, 36, 37, 38, 39, 42, 49 and 50 of the '032 Patent

under 35 U.S.C. 271(b) by knowingly and actively inducing infringement of

those claims. Upon information and belief, OtterBox has known about the 032

Patent since at least July 2008. OtterBox has knowingly and actively induced

infringement of at least claims 23, 24, 25, 26, 29, 36, 37, 38, 39, 42, 49 and 50 of

the '032 Patent, for example, through the foregoing activities including, without

limitation, manufacturing, offering to sell and selling the 032 Patent Accused

OtterBox Products, and by instructing, aiding, assisting and encouraging the offer

for sale, sale and use of the 032 Patent Accused OtterBox Products in a manner

that infringes at least claims 23, 24, 25, 26, 29, 36, 37, 38, 39, 42, 49 and 50 of the

'032 Patent. The direct infringers that are being induced by OtterBox include,

without limitation, its customers, resellers and users that offer for sale, sell and use

the 032 Patent Accused Products.

21. OtterBox has also indirectly infringed and continues to indirectlyinfringe at least claims 23, 24, 25, 26, 29, 36, 37, 38, 39, 42, 49 and 50 of the '032

Patent under 35 U.S.C. 271(c) through the foregoing activities including, among

other things, manufacturing, offering to sell and selling the 032 Patent Accused

OtterBox Products and by instructing, aiding, assisting, authorizing, advertising,

marketing, promoting, providing for and/or encouraging the offer for sale, sale and

use of the 032 Patent Accused OtterBox Products. The direct infringers for

OtterBoxs contributory infringement under 35 U.S.C. 271(c) include, without

limitation, its customers, resellers and users that offer for sale, sell and use the 032

Patent Accused OtterBox Products.

22. To the extent required by law, X-1 has complied with the provisionsof 35 U.S.C. 287 with respect to the 032 Patent.


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23. OtterBox's infringement of the '032 Patent has been withoutpermission, consent, authorization, or license of X-1.

24. Upon information and belief, OtterBox has known about the '032Patent since at least July 2008, yet has continued its unlicensed and unauthorized

infringement with no regard to the 032 Patent or X-1s rights. This infringement

continues today despite an objectively high likelihood that OtterBox's actions

constitute infringement of the 032 Patent. This objectively high likelihood of

infringement was either known or so obvious that it should have been known to

OtterBox. To date, OtterBox has not presented any competent advice of counsel

upon which it has relied; nor has it presented any reasonable defense of

noninfringement, invalidity or unenforceability. OtterBoxs infringement of the

032 Patent has been willful, deliberate and objectively reckless.

25. OtterBox's direct infringement, inducement to infringe andcontributory infringement of the 032 Patent has injured X-1 and X-1 is entitled to

recover damages adequate to compensate it for such infringement.

26. OtterBox's infringing activities have injured and will continue toinjure X-1 unless and until this Court enters an injunction prohibiting further

infringement and, specifically, enjoining further direct infringement, inducement to

infringe and contributory infringement of the '032 Patent.

SECOND CLAIM FOR INFRINGEMENT

(Infringement of U.S. Patent No.7,263,032 against LifeProof)

27. Plaintiff incorporates by reference Paragraphs 1 through 13 of thisComplaint as if set forth in their entirety.

28. LifeProof has known about the '032 patent since at least April 2012.29. LifeProof has manufactured, offered to sell, sold and continues to sell

in the United States, protective cases for smartphones and tablets that infringe the

'032 Patent, including its Nd and Fr line of products for the Apple iPhone 4/4S,


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COMPLAINT - 7 -

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Apple iPhone 5, Apple iPad 2/3/4, Apple iPod Touch 4th Gen, Apple iPod Touch

5th Gen and Samsung Galaxy SIII, and other protective cases with different names

or model numbers, but with substantially the same designs, features and

functionalities as the Nd and Fr line of products for the Apple iPhone 4/4S,

Apple iPhone 5, Apple iPad 2/3/4, Apple iPod Touch 4th Gen, Apple iPod Touch

5th Gen, and Samsung Galaxy SIII ("the '032 Patent Accused LifeProof

Products")

30. In February 2011, LifeProof launched its protective waterproof casefor smartphones and tablet PCs.

31. The '032 Patent Accused LifeProof Products are waterproof.32. The '032 Patent Accused LifeProof Products each have a waterproof

housing.

33. LifeProof has infringed and continues to infringe at least claims 23,24, 25, 26, 29, 36, 37, 38, 39, 42, 49 and 50 of the '032 Patent within the meaning

of 35 U.S.C. 271(a) through the foregoing activities including, without

limitation, offering to sell, selling and/or importing the '032 Patent Accused

LifeProof Products in the United States.

34. LifeProof has indirectly infringed and continues to indirectly infringeat least claims 23, 24, 25, 26, 29, 36, 37, 38, 39, 42, 49 and 50 of the '032 Patent

under 35 U.S.C. 271(b) by knowingly and actively inducing infringement of

those claims. LifeProof has known about the 032 Patent since at least April 2012

when X-1 provided such notice to LifeProof. LifeProof has knowingly and

actively induced infringement of at least claims 23, 24, 25, 26, 29, 36, 37, 38, 39,

42, 49 and 50 of the '032 Patent, for example, through the foregoing activities

including, without limitation, manufacturing, offering to sell and selling the 032

Patent Accused LifeProof Products, and by instructing, aiding, assisting and

encouraging the offer for sale, sale and use of the 032 Patent Accused LifeProof


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COMPLAINT - 8 -

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Products in a manner that infringes at least claims 23, 24, 25, 26, 29, 36, 37, 38,

39, 42, 49 and 50 of the '032 Patent. The direct infringers that are being induced by

LifeProof include, without limitation, its customers, resellers and users that offer

for sale, sell and use the 032 Patent LifeProof Accused Products.

35. LifeProof has also indirectly infringed and continues to indirectlyinfringe at least claims 23, 24, 25, 26, 29, 36, 37, 38, 39, 42, 49 and 50 of the '032

Patent under 35 U.S.C. 271(c) through the foregoing activities including, among

other things, manufacturing, importing, offering to sell and selling the 032 Patent

Accused LifeProof Products and by instructing, aiding, assisting, authorizing,

advertising, marketing, promoting, providing for and/or encouraging the offer for

sale, sale and use of the 032 Patent Accused LifeProof Products. The direct

infringers for LifeProofs contributory infringement under 35 U.S.C. 271(c)

include, without limitation, its customers, resellers and users that offer for sale, sell

and use the 032 Patent Accused LifeProof Products.

36. To the extent required by law, X-1 has complied with the provisionsof 35 U.S.C. 287 with respect to the 032 Patent.

37. LifeProof's infringement of the '032 Patent has been withoutpermission, consent, authorization, or license of X-1.

38. LifeProof was placed on notice of the 032 Patent in April 2012, yethas continued its unlicensed and unauthorized infringement with no regard to the

032 Patent or X-1s rights. This infringement continues today despite an

objectively high likelihood that LifeProofs actions constitute infringement of the

032 Patent. This objectively high likelihood of infringement was either known or

so obvious that it should have been known to LifeProof. To date, LifeProof has

not presented any competent advice of counsel upon which it has relied; nor has it

presented any reasonable defense of noninfringement, invalidity or


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unenforceability. LifeProofs infringement of the 032 Patent has been willful,

deliberate and objectively reckless.

39. LifeProof's direct infringement, inducement to infringe andcontributory infringement of the 032 Patent has injured X-1 and X-1 is entitled to

recover damages adequate to compensate it for such infringement.

40. LifeProof's infringing activities have injured and will continue toinjure X-1 unless and until this Court enters an injunction prohibiting further

infringement and, specifically, enjoining further direct infringement, inducement to

infringe and contributory infringement of the '032 Patent.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff X-1 respectfully requests that this Court enter

judgment against the Defendants granting the following relief:

a. Entry of judgment in favor of X-1 and against Defendants;b. An award of damages adequate to compensate X-1 for the

infringement that has occurred, together with prejudgment interest from the date

infringement began;

c. Increased damages as permitted under 35 U.S.C. 284;d. A finding that this case is exceptional and an award to X-1 of its

reasonable attorneys' fees and costs as provided by 35 U.S.C. 285;

e. A permanent injunction prohibiting further infringement, inducementand/or contributory infringement of the '032 Patent; and

///

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///

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f. Such other relief that X-1 is entitled to under law, and any other andfurther relief that this Court or a jury may deem just and proper.

Dated: August 29, 2013 Respectfully submitted,

PATTERSON LAW GROUP, APC

NIRO, HALLER & NIRO

/s/ Allison H. GoddardBy: Allison H. Goddard

Attorneys for

Plaintiff X-1 Audio, Inc.


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JURY DEMAND

X-1 demands a trial by jury of all issues presented in this Complaint.

Dated: August 29, 2013 Respectfully submitted,

PATTERSON LAW GROUP, APC

NIRO, HALLER & NIRO

/s/ Allison H. GoddardBy: Allison H. Goddard

Attorneys for

Plaintiff X-1 Audio, Inc.


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Exhibit A


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(12) United States Patentl'olany et al.(54) SYSTEM FOR !lOUSING AN AUDIO

SYSTM1 I I A'< AQUATIC I:NVIROM11o:NT(75) lnwmors: Rany Pohmy, Del Mar. C/ \ (1JS); Carl

Willll'hn Pctt(.>rscn, San Dicgn, Ci\(US); Kari Kd!>tian Rauhala, Del Mm,CA {lJS); Stcplmnic Ann (;rimn,Encinitus, CA (US); Jim AbclardoPcmt, l:ncinita!'>, (' ; \ (lJS)

(71)( ,, I

(21 I

:\ssignc0: l l20 Audio, luc., Escondidn, ( ': \(US)Notice: Subj ect to any disd


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U.S. I'AJ'ENT DOCUMENTS43.1(),5:\7 A 61!982 Stricklancl4,181,144 A 41!983 Brcslau4,456,797 A 611984 Olsen4,465,189 A 8/['n Johnson5.1 ](J,.'i55 A g. l()l)) UanlosS.2YU21 ,\ 8/ 1')03 Johnson5.)5/o:Yn ,\ 1111993 ~ i s h i k a w a et al.S.2XS.W>4 A 21 I'N4 Kamala d a!.5,294,988 A 111994 Wakabayashi5,325.1]1) A (-,/!994 Vlatsumolo5.337,364 A 8119!)4 Fitch5.386,084 A J/1995 Risko5,4S6J77 A 101191)5 Williams, .II'.5.533,637 A 711996 \Villiams , Jr.5533.737 A 71j()\)() BorowskiSSl7,667 ,\ 7-'19% Kenning.S . i70,MiX ,\ II 19!)6 Co


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V.S. Patent

1119

15

Aug. 28, 2007

1.Y10

FIG. 1

Sheet l of 25

7

24

US 7,263,032 B2

.26'.25


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U.S. Patent

--

15-"--

Aug. 28, 2007 Sheet 2 of 25

I II

1 7 ~ 1f {202)I27/t .'"'\

28 ( .J129

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FIG. 2

US 7,263,032 B2

1- -

f-


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U.S. Patent Aug. 28, 2007 Sheet 3 of 25 US 7,263,032 B2

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.38

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FIG. 4


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U.S. Patent Aug. 28, 2007

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4.J

44

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58

48

Sheet 5 of 25

51-----52---53

54

55

FIG. 5

us 7,263,032 H2


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r-800 0

64

FIG. 6


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U.S. Patent Aug. 28,2007 Sheet 7 of 25 lJS 7,263,032 B2

70(72 74

76(78 80

FIG. 7A FIG. 78

82 c -(I , I

86FIG. 7C FIG. 70


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802

806'

0 800 807

808

FIG. BA


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804

802

800

FIG. BB


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807

----802801

80.J800

808

FIG. BC


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U.S. Patent Aug. 28, 2007 Sheet I t of 25 US 7,263,032 B2

905

906

FIG. 9


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U.S. Patent Aug. 28, 2007 Sheet 12 of 25 lJS 7,263,032 B2

1004

1010

~ 1 o o e

1008

1004

1012

1008

1008

FIG. 10


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U.S. Patent Aug. 28, 2007 Sheet 1J of 25 lJS 7,263,032 B2

1106~ 1104~ ~ - - - - r - . 1100

Lt'

1108

FIG. 11A


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11001106 ?

1104

FIG.11B


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U.S. Patent Aug, 28, 2007 Sheet 15 of 25 US 7,263,032 B2

1100 '\; 1120 11021118

1114 _r{io

(lD

L 11o81112 ' 1110

FIG. 11C


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1202 1202

12101204-

1208

FIG. 12A FIG. 128

12021208

~ 1 2 1 0

FIG. 12C


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U.S. Patent

1307

! 3 0 9 J1305

1301

Aug. 28, 2007 Sheet 17 of 25

1308

ElectronicAudioDevice

FIG. 13A

US 7,263,032 B2

1306

- 1304

~ 1 3 0 2


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131413Sb

1305, 1306

1302

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\3FIG. 138

'1 3 0 4 ~

1311

FIG. 13C


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1420

1419

1416 -

1401

1421


FIG. 14

14231417 1422

-1402


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U.S. Patent

1527

15261525

1501

Aug. 28, 2007 Sheet 20 of 25

1528


FIG. 15

US 7,263,032 B2

1529- ~ 1530

1531

1502


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1635

1634

Wireless receiver---MP_ [ ~ s p e a k e r- ~ ~ ~ ~ ~ t

1601 ~1633 -

-

1636 1638J---1637

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ElectronicAudioDevice---\____ I~ W i r e l e s s ! ~ a n s m i l l e r

FIG. 16

1640Wireless receiver--- - - ~ - - - 1 6 4 1

r-- ~ - 1602


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FIG. 17


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t&'oo' ' ~ \ : ? 5 2

0.' .

FIG. 18A

~ \ 3 5 )..,. -. .,,

FIG. 188


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U.S. Patent Aug. 28, 2007 Sheet 24 of 25

~)"\


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isb2

FIG. 20A


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US 7,263,032 B2SYSTEM FOil HOUSING AN AUDIO

SYSTEM IN AN AQUATIC E N V I R O ' ! M K ~ TIU!LAIT!U APPI XArJONS

This npplication is a continuation-in-p


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us 7,263,032 Fl23

(joldlilrb (U.S. PilL Nu. :LMQ,l(ll) disclo:>cs (Ill amphibinus J X ~ r s n n a l H u d i n system fnr swin1mcrs. A diS


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us 7,263,032 1325

ctmtrol. ln a prc!Crrcd embodiment, said volume contmlOpCI"H\cs as a rl'sistor. In another prd0m.xl emhodinwnl theaudio conuol comprises nn amplillcr. The invention embodies the usc of several devices capable of producing. audibl esound. In one preferred embodiment, the sound-generating sdevice is a speaker. In another preferred embodiment thesound-gctwwting device is u b(me-wndm:ling device.

6ampliller is capable of amplifying. the m1dio s i g m l l ~ and 11waterproof housing. cap

'' housing. c n m p r i ~ i n g a watcr nhiimbing. nwterial

of producing,


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us 7,263,032 !327

1:1G. IS i l l m ; t r a t ~ : ~ an audio ~ y s t c m with amp!iflcn; disposed in speaker housings alnng with speaker clumcnts.FIG. 16 illustrates an audio system with amplifiers disposed in ~ p c : 1 k c r !musings along with speaker clements :mdwireless rcceiwrs for receiving


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US 7,263,032 B29

dnnwge of water should a leak have occurn:d. Such components may include external shock-absorbing structures,pressure release v a l v e ~ . multiple seals, internal \V, hll' the dcvice to sit


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US 7,263,032 B211

points of interest relating to a specific u n d ~ r w < l l c r location.Such inl(mnation m


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us 7,263,032 13213

coupling llll...'dumism capHb!c nf acbil'!ving the purpose ofCOiliH.:cting llw audin jnck to illl hydmulic nipple with a locking bearing 24 mechanism to

l ~ s t n h l i s h ;1 hydrostntic audio connection by m


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US 7,263,032 B215 16

register of


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us 7,263,032 B217

!'>)'Stem thut includes

In some embodiments. thc amplifier contains nne or moreoutput ports tlwt facilitate electrical connection to one ordditional con\nl] devices including, bul not limited to,


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US 7,263,032 B219

In some embudimcnts the mnplillcr t:outains a powerIIHlicator I'm indicating whdher the amplifier is powered onor oll'. In one cmbodimem, the p o w t ~ r indkntor u light. In


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US 7,263,032 B221

may be provided togcthc1 m; an audio communication linkbul\vcen the electronic device 1401


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US 7,263,032 B223

1902 ontlw imerior of the housing 1302 for making contactwith tmd 1rwnipulating bu!!ons on the electronic audiodevice nnd/or ampliflcr. Spring 1908 mtl)' be provided Ji.1rkeeping the button raised when not being pressed. Spring1908 may h11vc a spring conswnt sufl!cicnt f())" resistingactivation nf the bu\lon wlwn exposed tn u n d e r w < ~ l c r prcssmc. Snap r i n ! ~ 1914 may be provided l'or pn.:vcl!ling button1900 JJom exiting h o u ~ i n g 1302 through C


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US 7,263,032 B225

43. The method u!' claim 36, wherein the step of cnntrolling the electronic audio device t . : o m p r i s c ~ manipulating andcctmnic contrnl device.includes n li!cc sc

source disposed within said container.35. The housing nf cl


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us 7,263,032 B227

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S 44 (Rev. 12/12) CIVIL COVER SHEETThe 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

rovided 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 theurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.

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

I. BASIS OF JURISDICTION(Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for (For Diversity Cases Only) and One Box for Defendant

1 U.S. Government 3 Federal Question PTF DEF PTF D

Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated orPrincipal Place 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated andPrincipal Place 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6

Foreign Country

V. NATURE OF SUIT(Place an X in One Box Only)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 400 State Reapportionm

130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust

140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking

150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation

151 Medicare Act 330 Federal Employers Product Liabi lity 830 Patent 470 Racketeer Influence

152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizatio

Student Loans 340 Marine Injury Product 480 Consumer Credit

(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commod

of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange

160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Acti

190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts

195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matt

196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Informa

362 Personal Injury - Product Liability Leave Act ActMedical Malpractice 790 Other Labor Litigation 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Proc

210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appe

220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision

230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of

240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes

245 Tort Product Liability Accommodations 530 General

290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION

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 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated orReopened

5 Transferred fromAnother District(specify)

6 MultidistrictLitigation

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: Yes No

VIII. RELATED CASE(S)IF ANY

(See instructions):JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

X-1 Audio, Inc.

San Diego

Allison H. Goddard, Patterson Law Group, APC402 W. Broadway, 29th Floor, San Diego, CA 92101Tel. 619.398.4762

Otter Products, LLC; Treefrog Developments, Inc.

Larimer County, Colo

35 U.S.C. Sec. 271

Claim for patent infringement

8/29/2013 /s/ Allison H. Goddard

'13CV2021 NLSJAH


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JS 44 Reverse (Rev. 12/12)

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 o

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, us

only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency andthen 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 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 lan

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, noin 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 "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 amendm

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 tak

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 diversitycases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Marksection for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below,sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more th

one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes.Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.

When the petition for removal is granted, check this box.Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the fili

date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers o

multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 140

When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictionstatutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. 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 docketnumbers and the corresponding judge names for such cases.

Date and Attorney Signature Date and sign the civil cover sheet

x-1 audio v. otter products et. al

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