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Case 3:17-cv-00435-M Document 1 Filed 02/15/17 Page 1 of 7 PageID 1

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

PINPOINT MARKETING GROUP, INC.


d/b/a GOLDS GEAR
Plaintiff,
Civil Action No. 3:17-cv-00435
v.
JURY TRIAL DEMANDED
SUNDESA, LLC; and
RUNWAY BLUE, LLC,
Defendants.

ORIGINAL COMPLAINT

Plaintiff Pinpoint Marketing Group, Inc. d/b/a Golds Gear (Pinpoint or Plaintiff), for

its Original Complaint against Defendant Sundesa, LLC and Defendant Runway Blue, LLC

(collectively Defendants), hereby alleges as follows:

NATURE OF THE ACTION

1. This is a declaratory judgment action seeking a determination that Pinpoints

Golds Gym bottle does not infringe any valid or enforceable claim of U.S. Patent No. D510,235

(the Patent-in-Suit) (attached hereto as Exhibit 1) under 35 U.S.C. 271.

2. On information and belief, Sundesa, LLC is the exclusive licensee of the Patent-

in-Suit from its assignee Runway Blue, LLC. Sundesa represents that its exclusive license

includes the right to enforce the Patent-in-Suit. On information and belief, Runway Blue, LLC is

the assignee of the Patent-in-Suit.

THE PARTIES

3. Plaintiff Pinpoint Marketing Group, Inc. is a corporation organized under the laws

of the State of Texas with its principal place of business at 3710 West Royal Lane, Suite 125,

Irving, TX 75063 within this District.

ORIGINAL COMPLAINT Page 1 of 7


Case 3:17-cv-00435-M Document 1 Filed 02/15/17 Page 2 of 7 PageID 2

4. Upon information and belief, Defendant Sundesa, LLC, is a Utah limited liability

company with its principal place of business at 250 South 850 East, Lehi, Utah 84043, and can

be served through its registered agent Steven M. Sorensen, 250 South 850 East, Lehi, Utah

84043.

5. On information and belief, Defendant Runway Blue, LLC is a Utah limited

liability company with its principal place of business at 1953 North 690 East, Orem, Utah,

84097, and can be served through its registered agent Steven M. Sorensen, 35 S Pfeifferhorn Dr.,

Alpine, UT 84004.

JURISDICTION AND VENUE

6. This is an action for patent infringement arising under the Patent Laws of the

United States, Title 35 of the United States Code, and under 28 U.S.C. 2201 and 2202, to

obtain a declaration of non-infringement of the Patent-in-Suit.

7. Because this action arises under the Patent Laws of the United States, this Court

has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a).

8. Defendants are subject to this Courts specific and general personal jurisdiction

pursuant to due process and/or the Texas Long-Arm Statute, due to their substantial business in

this forum, including sales of BlenderBottle products and through their patent enforcement

actions in this jurisdiction.

9. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400(b).

A SUBSTANTIAL CONTROVERSY EXISTS BETWEEN THE PARTIES

10. Pinpoint sells shaker cups under the name of Golds Gear.

ORIGINAL COMPLAINT Page 2 of 7


Case 3:17-cv-00435-M Document 1 Filed 02/15/17 Page 3 of 7 PageID 3

11. On or about December 5, 2016, Pinpoint, through Scott Graham by email,

received a letter from Larry R. Laycock on behalf of Sundesa (the Letter) (attached hereto as

Exhibit 2).

12. The Letter alleges [f]rom our review of the structure and operation of Your

Shaker Cups, it appears that they infringe the Asserted Patent.

13. The letter further states:

Demand is hereby made for you to immediately stop infringing the Asserted
Patent and for you to provide written assurances that you have terminated all
manufacture, use, sale, offers for sale, and importation of Your Shaker Cups in
the United States. If you wish to resolve this matter outside of litigation, please
contact us within twenty-one days from the date of this letter. Otherwise, Sundesa
will assume that you intend to continue infringing the Asserted Patent and will
pursue all legal remedies available.

14. Pinpoint does not infringe, either directly or indirectly, any valid, enforceable

claim of the Patent-in-Suit, either literally or under the doctrine of equivalents.

15. In conversations with Pinpoints counsel, Sundesas representative denied the

accuracy of Pinpoints non-infringement position as explained below in paragraphs 18-24.

16. Pinpoint has been harmed by Sundesas efforts to interfere with its business of

selling Golds Gym bottles.

17. By virtue of the foregoing, a substantial controversy exists between the parties

that is of sufficient immediacy and reality to warrant declaratory relief.

COUNT 1: DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE


D510,235 PATENT

18. Pinpoint realleges and incorporates paragraphs1 through 17 as if fully set forth in

this paragraph.

19. Figure 2 of the D510,235 is reproduced below:

ORIGINAL COMPLAINT Page 3 of 7


Case 3:17-cv-00435-M Document 1 Filed 02/15/17 Page 4 of 7 PageID 4

20. Figure 2 of the Patent-in-Suit shows that the claimed bottle has an inset on the

side of the bottle that contains five protrusions.

21. The sides of Pinpoints Gold Gym bottle are smooth as shown below:

ORIGINAL COMPLAINT Page 4 of 7


Case 3:17-cv-00435-M Document 1 Filed 02/15/17 Page 5 of 7 PageID 5

22. The Pinpoint Marketing Claim Chart attached to the Letter contains the

following comparison:

ORIGINAL COMPLAINT Page 5 of 7


Case 3:17-cv-00435-M Document 1 Filed 02/15/17 Page 6 of 7 PageID 6

23. As this comparison shows, the smooth sides of Pinpoints Golds Gym bottle do

not contain any of the ornamental aspects of the five protrusions within the inset of the claimed

bottle.

24. Bottle designs employing something other than five protrusions could be made to

accomplish the functional capability of increasing the bottle users grip.

REQUEST FOR RELIEF

Wherefore, Pinpoint respectfully requests for this Court to grant the following relief:

a) A declaration that Pinpoint has not infringed, either directly or indirectly, any

valid and enforceable claim of U.S. Patent No. D510,235;

b) An order declaring that Pinpoint is a prevailing party and that this is an

exceptional case, awarding Pinpoint its costs, expenses, and reasonable attorneys fees under 35

U.S.C. 285; and

ORIGINAL COMPLAINT Page 6 of 7


Case 3:17-cv-00435-M Document 1 Filed 02/15/17 Page 7 of 7 PageID 7

c) That Pinpoint be granted such other and additional relief as the Court deems just

and proper.

JURY DEMAND

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Pinpoint demands a trial by

jury on all issues presented in this Complaint and so triable.

Dated: February 15, 2017 /s/ Gary R. Sorden


Gary R. Sorden
TX State Bar No. 24066124
Mark Davin Perantie
TX State Bar No. 24053647
KLEMCHUK LLP
8150 N. Central Expressway
10th Floor
Dallas, Texas 75206
Tel. 214.367.6000
Fax 214.367.6001
gary.sorden@klemchuk.com
mark.perantie@klemchuk.com

Attorneys for Plaintiff


Pinpoint Marketing Group, Inc.
d/b/a Golds Gear

ORIGINAL COMPLAINT Page 7 of 7


Case 3:17-cv-00435-M CIVIL COVER SHEET
JS 44 (Rev. 08/16) - TXND (Rev. 12/16)
Document 1-1 Filed 02/15/17 Page 1 of 2 PageID 8
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


PINPOINT MARKETING GROUP, INC. d/b/a GOLD'S GEAR SUNDESA, LLC and RUNWAY BLUE, LLC

(b) County of Residence of First Listed Plaintiff Dallas Co., TX County of Residence of First Listed Defendant Utah Co., UT
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Gary R. Sorden, Klemchuk LLP, 8150 N Central Expressway, 10th Floor,
Dallas, TX 75206; 214-367-6000

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

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

Citizen or Subject of a 3 3 Foreign Nation 6 6


Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only) Clic ere for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation
Student Loans 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts
362 Personal Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 USC 271
VI. CAUSE OF ACTION Brief description of cause:
Declaratory Judgment of Non-Infringement
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
02/15/2017 /s/ Gary R. Sorden
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


JS 44 Reverse (Rev. 08/16) - TXND (Rev. 12/16)
Case 3:17-cv-00435-M Document 1-1 Filed 02/15/17 Page 2 of 2 PageID 9
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

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

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

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

IV. Nature of Suit. lace an in t e appropriate o . f t ere are multiple nature of suit codes associated it t e case pic t e nature of suit code
t at is most applica le. Clic ere for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven 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 filing
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 or
multidistrict litigation transfers.
Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

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
jurisdictional statutes 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 a related case exists, whether pending or closed,
insert the docket numbers and the corresponding judge names for such cases. A case is related to this filing if the case: 1) involves some or all of the
same parties and is based on the same or similar claim; 2) involves the same property, transaction, or event; 3) involves substantially similar issues
of law and fact; and/or 4) involves the same estate in a bankruptcy appeal.

Date and Attorney Signature. Date and sign the civil cover sheet.
Case 3:17-cv-00435-M Document 1-2 Filed 02/15/17 Page 1 of 6 PageID 10




EXHIBIT 1

Case 3:17-cv-00435-M Document 1-2 Filed 02/15/17 Page 2 of 6 PageID 11
USO0D510235S

(12) United States Design Patent (10) Patent N0.: US D510,235 S


Sorensen (45) Date of Patent: ** Oct. 4, 2005

(54) BOTTLE D233,116 S * 10/1974 SWett et al. ............ .. D7/300.1


5,088,614 A * 2/1992 Dumestre ... ... ... . . . . . .. 220/713

(76) Inventor: Steven M. Sorensen, 1953 N. 690 E., 133307862 5 * 11/1992 Shibley ct a1~ D10/46~2
Orem UT (Us) 84097 D382,968 S * 8/1997 Giles et al. ....... . . . .. D24/197
, D461,420 S * 8/2002 Kerman ..... . . . .. D10/46.2

(**) Term: 14 Years D497,431 S * 10/2004 Bentley ................... .. D24/197


* cited by examiner
(21) Appl. No.: 29/189,695
_ Primary ExaminerM. N. PandoZZi
(22) Flled: Sep' 9 2003 (74) Attorney, Agent, or FirmKirton & McConkie;
(51) LOC (8) c1. .................................................. .. 07-01 Mlchael F- Kneger
(52) US. Cl. ................ .. D7/510; D7/511; D7/900 (57) CLAIM
(58) Field of Search ............................. .. D7/300.1, 510, _ _
137/511, 3921, 391, 3962, 900; D10/462; The ornamental design for a bottle, as shown and described.
D24/197; D9/500, 547, 503, 504, 515, DESCRIPTION
523, 525, 530, 537, 449, 444, 556, 559,
502; 215/114, 111, 257, 6, 321; 220/709, FIG. 1 is a perspective vieW of the bottle showing the present
711, 703, 592.17, 592.16, 713, 568, 254.3, design;
792, 403, 670, 2591 FIG. 2 is a left sidevieW thereof;
FIG. 3 is a front vieW thereof;
(56) References Cited FIG. 4 is a rear vieW thereof;
FIG. 5 is a right side vieW thereof;
U'S' PATENT DOCUMENTS FIG. 6 is a top plan vieW thereof; and,
2,752,971 A * 7/1956 Tupper .................... .. 220/403 FIG- 7 1S a bottom Plan VleW thereof
2,754,866 A * 7/1956 Coltman .... .. .. 220/2543
3,820,692 A * 6/1974 SWett et a1. .............. .. 222/547 1 Claim, 4 Drawing Sheets
Case 3:17-cv-00435-M Document 1-2 Filed 02/15/17 Page 3 of 6 PageID 12

U.S. Patent 0a. 4,2005 Sheet 1 of4 US D510,235 S


Case 3:17-cv-00435-M Document 1-2 Filed 02/15/17 Page 4 of 6 PageID 13

U.S. Patent 0a. 4,2005 Sheet 2 of4 US D510,235 S

Fig. 3
Case 3:17-cv-00435-M Document 1-2 Filed 02/15/17 Page 5 of 6 PageID 14

U.S. Patent 0a. 4,2005 Sheet 3 of4 US D510,235 S


Case 3:17-cv-00435-M Document 1-2 Filed 02/15/17 Page 6 of 6 PageID 15

U.S. Patent 0a. 4 2005 Sheet 4 of4


Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 1 of 11 PageID 16




EXHIBIT 2

Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 2 of 11 PageID 17
435.252.1360 main
435.252.1361 fax
www.maschoffbrennan.com

Larry R. Laycock
December 5, 2016 LLaycock@mabr.com

VIA EMAIL

Pinpoint Marketing Group, Inc. d/b/a Golds Gear


sgraham@pinpointmarketing.com

Re: Sundesa, LLC v. Pinpoint Marketing Group, Inc. d/b/a Golds Gear
Our File No.: S1697.00306

Pinpoint Marketing Group, Inc. d/b/a Golds Gear:

This firm represents Sundesa, LLC, d/b/a The BlenderBottle Company, in the
enforcement of its intellectual property rights, including its rights in U.S. Design Patent No.
D510,235 (the Asserted Patent). Sundesa is a Utah limited liability company with
headquarters located at 250 South 850 East, Lehi, Utah 84043. Runway Blue, LLC, also a
Utah limited liability, as the owner of the Asserted Patent, has granted Sundesa an exclusive
license, including the right to enforce the Asserted Patent. We enclose a copy of the
Asserted Patent for your review.

It has recently come to our attention that Pinpoint Marketing Group, Inc. d/b/a
Golds Gear is manufacturing, using, selling, offering for sale, and/or importing shaker cups,
an example of which is pictured below (Your Shaker Cups):

From our review of the structure and operation of Your Shaker Cups, it appears that
they infringe the Asserted Patent. An exemplary claim chart detailing how Your Shaker Cups
infringe the Asserted Patent is enclosed for your review. You are probably aware that an
infringer can be enjoined by court order from further infringement, and may also be required

1389 Center Drive, Suite 300 201 South Main Street, Suite 600 20 Pacifica, Suite 1130
Park City, Utah 84098
Salt Lake City, Utah 84111
Irvine, California 92618
Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 PagePinpoint
3 of 11Marketing
PageIDGroup,
18 Inc.
d/b/a Golds Gear
Page 2

to pay damages suffered by the patent owner as a result of the infringement, including lost
profits. Willful infringement can result in an award of treble damages and attorneys fees.

Demand is hereby made for you to immediately stop infringing the Asserted Patent
and for you to provide written assurances that you have terminated all manufacture, use,
sale, offers for sale, and importation of Your Shaker Cups in the United States. If you wish
to resolve this matter outside of litigation, please contact us within twenty-one days from the
date of this letter. Otherwise, Sundesa will assume that you intend to continue infringing the
Asserted Patent and will pursue all legal remedies available. We are hopeful that we can reach
an early and amicable resolution to this matter.

Sincerely,
MASCHOFF BRENNAN

Larry R. Laycock
Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 4 of 11 PageID 19

PINPOINT MARKETING CLAIM CHART

United States Design Patent No. D510,235 Pinpoint Marketing

1
Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 5 of 11 PageID 20

2
Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 6 of 11 PageID 21

3
Case 3:17-cv-00435-M Document 1-3 I 1111111111111111
Filed 02/15/17 Page 71111111111
111111111111111 of 11lllllPageID
1111111111 22
111111111111111111
USOOD510235S

(12) United States Design Patent (10) Patent No.: US D510,235 S


Sorensen (45) Date of Patent: ** Oct. 4, 2005

(54) BOTTLE D233,116 S * 10/1974 Swett et al. .............. D7/300.l


5,088,614 A * 2/1992 Dumestre ................... 220/713
(76) Inventor: Steven M. Sorensen, 1953 N. 690 E., D330,862 S * 11/1992 Shibley et al. ............ Dl0/46.2
Orem, UT (US) 84097 D382,968 S * 8/1997 Giles et al. ................ D24/197
D461,420 S * 8/2002 Kerman .................... Dl0/46.2
(**) Term: 14 Years D497,431 S * 10/2004 Bentley ..................... D24/197
* cited by examiner
(21) Appl. No.: 29/189,695
Primary Examiner-M. N. Pandozzi
(22) Filed: Sep. 9, 2003 (74) Attorney, Agent, or Firm-Kirton & McConkie;
(51) LOC (8) Cl. .................................................... 07-01 Michael F. Krieger
(52) U.S. Cl. ........................... D7/510; D7/511; D7/900 (57) CLAIM
(58) Field of Search ............................... D7/300.1, 510,
D7/511, 392.1, 391, 396.2, 900; Dl0/46.2; The ornamental design for a bottle, as shown and described.
D24/197; D9/500, 547, 503, 504, 515, DESCRIPTION
523,525,530,537,449,444,556,559,
502; 215/11.4, 11.1, 257, 6, 321; 220/709, FIG. l is a perspective view of the bottle showing the present
711, 703, 592.17, 592.16, 713, 568, 254.3, design;
792, 4.03, 670, 259.1 FIG. 2 is a left sideview thereof;
FIG. 3 is a front view thereof;
(56) References Cited FIG. 4 is a rear view thereof;
FIG. 5 is a right side view thereof;
U.S. PATENT DOCUMENTS FIG. 6 is a top plan view thereof; and,
2,752,971 A * 7/1956 Tupper ...................... 220/4.03 FIG. 7 is a bottom plan view thereof.
2,754,866 A * 7/1956 Coltman .................. 220/254.3
3,820,692 A * 6/1974 Swett et al. ................ 222/547 1 Claim, 4 Drawing Sheets
Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 8 of 11 PageID 23

U.S. Patent Oct. 4, 2005 Sheet 1 of 4 US D510,235 S

Fig. 1
Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 9 of 11 PageID 24

U.S. Patent Oct. 4, 2005 Sheet 2 of 4 US DSI0,235 S

Fig. 2 Fig. 3
Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 10 of 11 PageID 25

U.S. Patent Oct. 4, 2005 Sheet 3 of 4 US D510,235 S

f/ / \ '':
I T
I

I I

I
1,

' 500 ;\_I


16
C

12 l
C

300

8
C

200

\ ~
4
\ I
'v IJ
ml J
'-_/

Fig. 4 Fig. 5
Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 11 of 11 PageID 26

U.S. Patent Oct. 4, 2005 Sheet 4 of 4 US D510,235 S

Fig. 6

Fig. 7

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