UNI TED STATES DI STRI CT COURT

FOR THE EASTERN DI STRI CT OF MI SSOURI

EASTERN DI VI SI ON

Verto Medical Solutions, LLC d/b/a Yurbuds, )
)
Plaintiff, )
) Case No.
v. )
) J ury Trial Demanded
Auria, LLC, )
)
Defendant. )

COMPLAI NT

Plaintiff Verto Medical Solutions, LLC d/b/a Yurbuds (Yurbuds), by and through its
attorneys, hereby complain against Defendant Auria, LLC (Auria) as follows:
NATURE OF THE SUI T
1. This case arises from the illegal and unfair acts of Auria in making, offering for
sale, and selling ear bud adaptors that infringe Yurbuds U.S. Patent No. D618,219.
THE PARTI ES
2. Plaintiff Verto Medical Solutions, LLC is a Delaware limited liability company
with a place of business in this judicial district at 4041 Forest Park Ave., St. Louis, MO 63108.
Plaintiff does business as Yurbuds.
3. On information and belief, Defendant Auria, LLC is a Pennsylvania limited
liability company with a principal place of business at 5 Great Valley Parkway, Suite 310,
Malvern, PA 19355.
4. On information and belief, Auria does business throughout the United States,
including within this judicial district.

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2

J URI SDI CTI ON AND VENUE

5. This Court has exclusive jurisdiction over the subject matter of Yurbuds patent
infringement claims pursuant to 28 U.S.C. 1331 and 1338(a), and because this action arises
under the patent laws of the United States, 35 U.S.C. 1, et seq.
6. On information and belief, Auria directly or through distributors, sales
representatives or retail outlets sells its products throughout the United States and in this judicial
district.
7. Further, on information and belief, Auria has offered for sale and/or sold at least
one product that is at issue in this suit in the State of Missouri and in this judicial district, and has
caused injury to Yurbuds in this judicial district.
8. Accordingly, this Court has personal jurisdiction pursuant to, at least,
Mo.Rev.Stat. 506.500, which operates to effect long-arm jurisdiction over Auria due to its
contacts with this judicial district.
9. Venue is proper in this jurisdiction under 28 U.S.C. 1391 and 1400(b).
FACTUAL BACKGROUND
10. United States Patent No. D618,219 (the 219 Patent), entitled Ear Bud
Adaptor, issued on J une 22, 2010. A copy of the '219 Patent is attached hereto as Exhibit A.
11. Yurbuds is the owner by assignment of all right, title and interest in the 219
Patent by virtue of an assignment recorded in the U.S. Patent and Trademark Office on May 18,
2010, at Reel 024400, Frame 0148, and has the right to sue for and recover for infringements
thereof.
12. The 219 Patent was duly and legally issued, and is valid and enforceable.
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3

13. The 219 Patent claims a novel, ornamental design for an ear bud adapter, as
shown in figures 1 through 7 of the 219 Patent.
14. Upon information and belief, Auria is importing, making, using, offering for sale,
and/or selling, within the United States and in this judicial district, ear bud adaptors that infringe
the 219 Patent. A photograph showing a sample accused infringing product sold by Auria is
attached as Exhibit B.
15. On information and belief, Auria used, offered for sale and sold, within this
judicial district, ear bud adaptors that infringe the 219 Patent at the Second Annual TASK Rock
n Roll Marathon event held in St. Louis, Missouri in October 2012.
COUNT I : PATENT I NFRI NGEMENT
16. Yurbuds incorporates by reference paragraphs 1 through 15 as though fully set
forth herein.
17. The 219 Patent was duly and legally issued on J une 22, 2010, and is valid and
enforceable.
18. Auria has infringed, without right, license or permission from Yurbuds,
contributorily infringed, and/or induced others to infringe the claim of the 219 Patent by
making, using, offering to sell and selling to customers within this judicial district and elsewhere
in the United States, or importing into the United States, within the term of the 219 Patent,
products that embody the invention of the 219 patent.
19. Aurias actions as described herein constitute infringement of Yurbuds 219
Patent in violation of 35 U.S.C. 271, 281-285, et seq.
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4

20. On information and belief, these infringing activities have been willful and
deliberate and are causing, and will continue to cause, substantial and irreparable damage to
Yurbuds, and Aurias actions will continue unless enjoined by this Court.
21. Yurbuds has been damaged by Aurias infringement, contributory infringement
and/or inducement of infringement of the 219 Patent and has been and will continue to be
irreparably harmed if these infringing activities are not enjoined.
22. Yurbuds does not have an adequate remedy at law for Aurias acts of
infringement, contributory infringement, or inducement of infringement.
23. This is an exceptional case within the meaning of 35 U.S.C. 285, and Yurbuds
is entitled to an award of reasonable attorneys fees.
PRAYER FOR RELI EF
WHEREFORE, Yurbuds prays for judgment:
A. Declaring that Auria has infringed, contributorily infringed and/or induced
infringement of U.S. Patent No. D618,219, and these infringing activities have been willful;
B. Preliminarily and permanently enjoining Auria, its subsidiaries, officers, agents,
servants and employees, directors, licensees, successors, assigns, and those persons in active
concert or participation with any of them, from further infringement, contributory infringement
and inducement of infringement of U.S. Patent No. D618,219;
C. Awarding Yurbuds damages adequate to compensate for Yurbuds losses caused
by the wrongful and infringing activities of Auria, together with interest;
D. Awarding Yurbuds treble damages with interest, costs and reasonable attorneys
fees under 35 U.S.C. 284, 285, and other applicable law, by reason of the willful and
deliberate nature of Aurias infringement of U.S. Patent No. D618,219; and
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5

E. Awarding Yurbuds such further relief as this Court may deem just and proper.
DEMAND FOR J URY TRI AL
Plaintiff demands a trial by jury on all issues so triable.

Dated: February 28, 2013 Respectfully submitted,

HARNESS, DICKEY & PIERCE, P.L.C.

By: /s/ Rudolph A. Telscher_____
Rudolph A. Telscher, J r., #8578
Kara R. Fussner, #503030
7700 Bonhomme, Suite 400
St. Louis, Missouri 63105
(314) 726-7500
FAX: (314) 726-7501

Counsel for Plaintiff Verto Medical
Solutions d/b/a Yurbuds

61056693.1
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111111 11111111111111111111111111111111111111111111111111111111111111
(12) United States Design Patent
Burgett et al.
(54) EAR BUD ADAPTER
(75) Inventors: Seth Burgett, Glen Carbon, IL (US);
Richard J. Daniels, St. Louis, MO (US);
Melvin Joshua Leedle, St. Louis, MO
(US)
(73) Assignee: Verto Medical Solutions, LLC, Glen
Carbon, lL (US)
(**) Term: 14 Years
(21) Appl. No.: 29/314,832
(22) Filed: May 1, 2009
(51) LOC (9) Cl. .................................................. 14-01
(52) U.S. CI ...................................................... Dl4/223
(58) Field of Classification Search ................ 014/205,
Dl4/206, 223; 181/129, 130, 135, 137, 322;
381/322,328,338,324,380, 381; 379/430,
379/433.01; 128/864, 866, 868, 867, 857;
21209, 428; D24/106, 174
Sec application file for complete search history.
(56) References Cited
U.S. PATENT DOCUMENTS
2,325,590 A *
2,549,629 A *
3,047,089 A "'
0242,810 s ~
4,069,400 A "'
0266,590 s *
4,375,016 A *
0287,280 s "'
0287,764 s "'
0287,765 s *
4,972,492 A *
7/1943 Carlisle ct aL .............. 38l/328
4/1951 Nelson ....................... 381/338
7/1962 Zwislocki ................... 1811135
12/1976 Rynearson ................. 014/205
111978 Johanson eta! ............. 381/324
1011982 Bennett ..................... 024/174
2/1983 Harada ....................... 181/135
12/1986 Tophohn ................. , 024/174
l/1987 Topholm ................... D24/174
1/1987 Topholm ................... D24/174
1111990 Tanaka eta!. ............... 3811380
USOOD618219S
(IO) Patent No.:
(45) Date of Patent:
US D618,219 S
** Jun. 22, 2010
0340,286 s *
5,659,156 A
0388,093 s *
5,712,453 A
0478,991 s *
6,688,421 B2
6,690,807 Bl *
0505,132 s *
0514,094 s *
0574,361 s '
0593,537 s *
0601,134 s *
* cited by examiner
10/1993 Seo ........................... 024/174
8/1997 MauneyetaL
12/1997 Frengley .................... 014/223
1!1998 Bungardt et al.
8/2003 Oyereta!. ................. 024/174
212004 Dyer et a!.
2/2004 Meyer ........................ 381/327
5/2005 Linville eta! .............. DI4/223
1/2006 Griffin ....................... 014/223
8/2008 Sasaki ....................... Dl4/205
6/2009 Admoto .................... 014/205
912009 Elabidi et a1 ............... 014/223
Primary Examiner-Paula Greene
(74)Attorney, Agent, or Firm-Dicke, Billig& Czaja PLLC
(57) CLAIM
The ornamental design for an ear bud adapter, as shown and
described herein.
DESCRIPTION
FIG. 1 is a front perspective view of an ear bud adapter
showing our new design.
FIG. 2 is a rear perspective view thereof;
FIG. 3 is a front perspective view thereof;
FIG. 4 is a rear elevational view thereof;
FIG. 5 is a side elevational view thereof; and,
FIG. 6 is an opposite side elevational view thereof;
FIG. 7 is a top plan view thereof; and,
FIG. 8 is a bottom plan view thereof.
The broken lines form no part of the claimed design.
1 Claim, 2 Drawing Sheets
I
' ! ~
I - - ~ - ~ ~ ~ ~ .
----------- , I
EXHIBIT
I A
Case: 4:13-cv-00382 Doc. #: 1-1 Filed: 02/28/13 Page: 2 of 3 PageID #: 7
U.S. Patent Jun.22,2010 Sheet 1 of2 US D618,219 S
Fig. 1
Fig.2
----
-------
Fig. 3
Fig.4
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U.S. Patent Jun.22,2010 Sheet 2 of2
F i g ~ 5
F i g ~ 7
US D618,219 S
I
, , ~
------------ I --- --
! --------- -
''
' ! .--- ~ ---
Fig. 8
Case: 4:13-cv-00382 Doc. #: 1-2 Filed: 02/28/13 Page: 1 of 1 PageID #: 9
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
)
, )
)
Plaintiff, )
)
v. ) Case No.
)
, )
)
Defendant, )
)
ORI GI NAL FI LI NG FORM
THI S FORM MUST BE COMPLETED AND VERI FI ED BY THE FI LI NG PARTY
WHEN I NI TI ATI NG A NEW CASE.
THIS SAME CAUSE, OR A SUBSTANTIALLY EQUIVALENT COMPLAINT, WAS
PREVIOUSLY FILED IN THIS COURT AS CASE NUMBER
AND ASSIGNED TO THE HONORABLE J UDGE .
THIS CAUSE IS RELATED, BUT IS NOT SUBSTANTIALLY EQUIVALENT TO ANY
PREVIOUSLY FILED COMPLAINT. THE RELATED CASE NUMBER IS AND
THAT CASE WAS ASSIGNED TO THE HONORABLE . THIS CASE MAY,
THEREFORE, BE OPENED AS AN ORIGINAL PROCEEDING.
NEITHER THIS SAME CAUSE, NOR A SUBSTANTIALLY EQUIVALENT
COMPLAINT, HAS BEEN PREVIOUSLY FILED IN THIS COURT, AND THEREFORE
MAY BE OPENED AS AN ORIGINAL PROCEEDING.
The undersigned affirms that the information provided above is true and correct.
Date:
Signature of Filing Party
Verto Medical Solutions,
LLC d/b/a Yurbuds
Auria, LLC
02/28/2013
Case: 4:13-cv-00382 Doc. #: 1-3 Filed: 02/28/13 Page: 1 of 1 PageID #: 10
JS 44 (Rev. 09/11)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the inIormation contained herein neither replace nor supplement the Iiling and service oI pleadings or other papers as required by law, except as provided
by local rules oI court. This Iorm, approved by the Judicial ConIerence oI the United States in September 1974, is required Ior the use oI the Clerk oI Court Ior the purpose oI initiating
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County oI Residence oI First Listed PlaintiII County oI Residence oI First Listed DeIendant
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NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
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(For Diversitv Cases Onlv) and One Box for Defendant)
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Cite the U.S. Civil Statute under which you are Iiling (Do not cite jurisdictional statutes unless diversity):

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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
Verto Medical Solutions, LLC d/b/a Yurbuds,
St. Louis
Rudolph A. Telscher, Harness, Dickey&Pierce, P.L.C.
7700 Bonhomme, Ste. 400,St. Louis, MO 63105 (314)726-7500
Auria, LLC
35 U.S.C. 1, et seq.
Patent Infringement
02/28/2013 Attorney for Plaintiff
Case: 4:13-cv-00382 Doc. #: 1-4 Filed: 02/28/13 Page: 1 of 2 PageID #: 11
JS 44 Reverse (Rev. 09/11)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM 1S 44
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Case: 4:13-cv-00382 Doc. #: 1-4 Filed: 02/28/13 Page: 2 of 2 PageID #: 12
AO 440 (Rev. 12/09) Summons in a Civil Action
UNITEDSTATESDISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
SUMMONS I N A CI VI L ACTI ON
To: (Defendants name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
EasternDistrict of Missouri
Verto Medical Solutions, LLC d/b/a Yurbuds,
Auria, LLC,
Auria, LLC
5 Great Valley Parkway, Suite 310
Malvern, PA 19355
Registered Office Address
7 Great Valley Parkway, Suite 246
Malvern, PA 19355
Rudolph A. Telscher, J r.
Harness, Dickey &Pierce, P.L.C.
7700 Bonhomme, Suite 400
St. Louis, MO 63105
02/28/2013
Case: 4:13-cv-00382 Doc. #: 1-5 Filed: 02/28/13 Page: 1 of 2 PageID #: 13
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVI CE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on(date) .
u I personally served the summons on the individual at (place)
on(date) ; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on(date) , and mailed a copy to the individuals last known address; or
u I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on(date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
0.00
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