Case 5:18-cv-00807-JGB-KK Document 25 Filed 04/13/18 Page 1 of 10 Page ID #:152

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

WET SOUNDS, INC.

Plaintiff, CIVIL ACTION No. 4:17-cv-03258

v.
JURY TRIAL DEMANDED
POWERBASS USA, INC.,
DEDC, INC. D/B/A DOW ELECTRONICS,
AND AV AUDIO VISION, INC.

Defendants.

FIRST AMENDED COMPLAINT

Plaintiff, Wet Sounds, Inc. (“Wet Sounds” or "Plaintiff"), through its counsel, files this

First Amended Complaint against Defendants Powerbass USA, Inc. (“Powerbass”), DEDC, Inc.

doing business as DOW Electronics (“DOW”), and AV Audio Vision, Inc. (“AV Audio”)

(collectively “Defendants”), and for cause of action respectfully states and alleges as follows:

PARTIES

1. Plaintiff Wet Sounds is a Texas corporation having its principal place of business

in Texas.

2. Defendant Powerbass is a California corporation having its principal place of

business at 2133 S. Green Privado, Ontario, CA, 91761. Powerbass has already been served and

made an appearance through a motion to dismiss or transfer (Doc. 17).

3. Defendant DEDC, Inc. is a foreign corporation doing business as DOW

Electronics, having its principal place of business at 8730 Westpark Drive, Houston, Texas

77063. DEDC has already been served and made an appearance through an answer (Doc. 12).

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4. Defendant AV Audio is a Texas corporation having its principle place of business

at 5213 Kirby Drive STE B, Houston, Texas 77098. AV Audio has already been served, but has

failed to make an appearance.

JURISDICTION/VENUE

5. This is an action for patent infringement under 35 U.S.C. § 271, trademark and

trade dress infringement under § 43 of the Lanham Act, 15 U.S.C. § 1125, state law claims for

trade dress dilution under Texas’s anti-dilution statute, Tex. Bus. & Com. Code Ann. § 16.29,

common law trademark infringement, and common law unfair competition relating to trade

dress. This Court has federal subject matter jurisdiction under 28 U.S.C. §§ 1331, 1332, and

1338. This Court has jurisdiction over the state law claims under 28 U.S.C. § 1367.

6. Venue is proper in this district pursuant to 28 U.S.C. § 1400 and 1391 because

defendants regularly conduct business at geographic locations within this judicial district and

have engaged in acts in this district and division which constitute infringement of Wet Sounds’

U.S. Patent Nos. 9,469,254, D756,962, D756,963, and D757,686 (collectively “Wet Sounds’

Patents”), which constitute trade dress and trademark infringement, and which violate the

asserted Texas state law claims. See Wet Sounds’ Patents attached as Exhibits A, B, C, and D,

respectively. This Court further has pendent jurisdiction over Wet Sounds’ patent infringement

claim against Defendant Powerbass USA, Inc.

PATENT INFRINGEMENT

7. The contents of the preceding paragraphs are included by reference as if fully set

forth herein.

8. Plaintiff owns all right, title, and interest to the Wet Sounds’ Patents.

9. Wet Sounds’ Patents are valid and presumed valid under 35 U.S.C. § 282.

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10. Plaintiff's commercial products have been marked with notice of the Wet Sounds’

Patents pursuant to 35 U.S.C. § 287 during all relevant time periods.

11. Defendants have infringed and/or willfully infringed the Wet Sounds’ Patents by

making, using, selling, and/or offering to sell products, including the sound bar products

marketed as the PowerBass XL-800 and XL-1000 (infringing products), which fall within the

scope of one or more of the claims of the Wet Sounds’ Patents, including each claim of the

design patents, and claims 1-7 and 11-20 of the utility patent.

12. Additionally or alternatively, Powerbass has contributed to and/or induced the

direct infringement of DOW – Powerbass’s Houston, Texas distributor of infringing products, by

supplying, selling, and offering to sell infringing products for distribution by DOW in Houston,

Texas. Powerbass has also contributed to and/or induced the direct infringement of AV Audio –

one of Powerbass’s Houston, Texas retail dealers of infringing products, by supplying, selling,

and offering to sell infringing products to AV Audio for resale in Houston, Texas. At all

relevant times, Powerbass had the requisite intent to be held liable for indirect infringement by

having knowledge of Wet Sounds’ Patents and causing its distributors and retail dealers to

directly infringe Wet Sounds’ Patents.

13. Defendants’ acts of infringement are causing Wet Sounds to sustain damages, and

will continue to do so unless and until enjoined by order of this Court. Defendants are liable to

Wet Sounds in an amount that adequately compensates Wet Sounds for their infringement, which

can be no less than a reasonable royalty pursuant to 35 U.S.C. § 284. These infringing acts have

caused and will continue to cause immediate and irreparable harm for which there is no adequate

remedy at law.

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14. Defendants’ infringement of the Wet Sounds’ Patents is willful, and Wet Sounds

is accordingly entitled to enhanced damages pursuant to 35 U.S.C. § 284.

15. This is an exceptional case such that defendants should be required to pay Wet

Sounds’ reasonable attorneys’ fees in accordance with 35 U.S.C. § 285.

TRADEMARK INFRINGEMENT, TRADEDRESS INFRINGEMENT, AND

TEXAS STATE LAW CLAIMS

16. The contents of the preceding paragraphs are included by reference as if fully set

forth herein.

17. Wet Sounds is in the business of manufacturing and selling speaker systems for

use on all-terrane vehicles, boats, and other vehicles. One of these products is its “Sound Bar”

speaker system. An example of the distinctive design of Wet Sounds’ Sound Bar speaker system

is shown below:

18. After Wet Sounds’ Sound Bar product had developed a highly favorable

reputation in all-terrane vehicles, boats, and other vehicles, Powerbass introduced a competing

product into the market. Powerbass’s competing XL-1000 product is shown below in

comparison to Wet Sounds’ Sound Bar:

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The distinctive features of Wet Sounds’ Sound Bar design which were directly copied by

Powerbass include: (1) the black coloring, (2) the use of silver screws on top of a black mesh

front panel, (3) the use of a rectangular front panel, (4) the use of a sloped down top, and (5) the

placement of a circular control pad in the center with six buttons, as further illustrated below:

Both control panels have the power button in the identical location (10:00 position) and the

volume up and down buttons aligned vertically in the center of the circle. Even the back sides of

the respective sound bar housings are strikingly similar as shown below:

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19. These features are inherently distinctive and have acquired secondary meaning in

the minds of consumers. These features are non-functional. These features amount to valid and

protectable trademark and trade dress rights.

20. Customers have come to identify the features above as embodying quality and

value. This is not by accident. Over many years, Wet Sounds devoted substantial time, money,

and marketing efforts to promote its Sound Bar product. Wet Sounds has exercised great care,

skill, and diligence in the conduct of its business and has maintained uniform standards of high

quality in making and selling its Sound Bar product.

21. As shown above, Powerbass intentionally copied all of the distinctive features of

Wet Sounds’ Sound bar product.

22. Upon information and belief, consumers have been misled into thinking

Powerbass’s XL-1000 product is actually a Wet Sounds’ Sound bar product. Based on this

confusion, consumers have purchased Powerbass’s XL-1000 product instead of Wet Sounds’

Sound Bar product.

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23. Wet Sounds has not given Powerbass permission to sell its confusingly similar

product.

24. Pursuant to §43(a) of the Lanham Act (15 U.S.C. § 1125(a)), Powerbass’s

actions above amount to trademark and trade dress infringement.

25. Pursuant to Texas law, Powerbass’s actions above amount to Texas common law

trademark and trade dress infringement, trade dress dilution in violation of Texas’s anti-dilution

statute, and common law unfair competition relating to trade dress.

26. Powerbass has profited from its infringing actions, and it has been unjustly

enriched to the detriment of Wet Sounds. Powerbass’s infringing acts have caused Wet Sounds

to suffer monetary damage.

27. Powerbass’s infringing acts have been committed with the intention to cause

confusion, mistake, and deception, making these acts amount to willful infringement.

28. Powerbass’s acts have caused immediate and irreparable injury to Wet Sounds

and will continue to irreparably harm Wet Sounds unless Powerbass is enjoined.

DEMAND FOR JURY

29. Wet Sounds hereby demands a jury trial of all issues so triable, pursuant to Rule

38 of the Federal Rules of Civil Procedure.

PRAYER FOR RELIEF

WHEREFORE, Wet Sounds prays for the following relief from the Court and Jury:

a. That the Wet Sounds’ Patents be adjudged valid and infringed under all applicable

provisions of Title 35, United States Code;

b. That the Defendants, their officers, directors, employees, agents and all those

acting in concert with the Defendants be enjoined, pursuant to 35 U.S.C. §283, from all future

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activities infringing the Wet Sounds’ Patents, and/or inducing or contributing to the infringement

of the Wet Sounds’ Patents by others, including making, using, selling or offering for sale the

claimed subject matter of the Wet Sounds’ Patents;

c. That Defendants be required to prepare and deliver to the Court a complete list of

entities to whom Defendants has sold or offered for sale any product that infringes the Wet

Sounds’ Patents;

d. That Defendants be ordered to account to Wet Sounds for all sales, revenues, and

profits derived from its infringement of the Wet Sounds’ Patents, pursuant to all applicable

provisions of Title 35, United States Code;

e. That this Court award Wet Sounds’ actual and compensatory damages resulting

from Defendants’ infringing activities, together with prejudgment and post judgment interest and

costs, as provided by 35 U.S.C. § 284;

f. That this Court order that damages so found or assessed be enhanced or trebled as

a result of willful, deliberate, wanton and reckless infringement by Defendants, as provided by

35 U.S.C. § 284;

g. That this Court order that, because this is an exceptional case, Wet Sounds be

awarded and Defendants be ordered to pay the reasonable attorneys’ fees incurred by Plaintiff in

connection with this action, as provided for by 35 U.S.C. § 285;

h. That this Court order that Powerbass has infringed and viol ated Wet

Wounds’ protected trademark and trade dress rights under federal and Texas law;

i. That this Court order that Powerbass have violated Texas’s anti -dilution

statute;

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j. That this Court order that Powerbass be enjoined from selling its products

discussed above, as provided by §43(a) of the Lanham Act and Texas law;

k. That this Court order that Powerbass pay monetary damages, reasonable

attorneys’ fees, and costs to Powerbass for its violations of the Lanham Act and Texas

laws described above; and

l. That Wet Sounds be awarded such other and further relief as may be just and

appropriate.

Date: April 13, 2018 Respectfully submitted

RALEY & BOWICK, LLP

/s/ Robert M. Bowick

Robert M. Bowick
John Wesley Raley
1800 Augusta Drive, Suite 300
Houston, Texas 77057
(713) 429-8050 (telephone)
(713) 429-8045 (facsimile)
RBowick@RaleyBowick.com
JRaley@RaleyBowick.com

ATTORNEYS FOR PLAINTIFF

WET SOUNDS, INC.

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CERTIFICATE OF SERVICE

The undersigned certifies that, on April 13, 2018, copies of this First Amended
Complaint were served on all counsel of record through the Court’s ECF/PACER filing system.

/s/ Robert M. Bowick

Robert M. Bowick

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Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 1 of 11 Page ID #:162

EXHIBIT A
Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 2 of 11 Page ID #:163
111111 1111111111111111111111111111111111111111111111111111111111111
US009469254 B 1

c12) United States Patent (10) Patent No.: US 9,469,254 Bl

White et al. (45) Date of Patent: Oct. 18, 2016

(54) SPEAKER SYSTEMS FOR OFF-ROAD (58) Field of Classification Search

VEHICLES, ATVS, UTVS, WATERCRAFT, None
AND MOTORCYCLES See application file for complete search history.
(71) Applicants: Timothy John White, Round Rock, TX (56) References Cited
(US); Brett A. Triola, Houston, TX
(US) U.S. PATENT DOCUMENTS
(72) Inventors: Timothy John White, Round Rock, TX 4,103,983 A 8/1978 Morrison et a!.
(US); Brett A. Triola, Houston, TX 4,362,907 A 12/1982 Polacsek
(US) 4,580,653 A 4/1986 Owens
4,673,056 A 6/1987 Koppelomaki
(73) Assignee: Wet Sounds, Inc., Houston, TX (US)
(Continued)
( *) Notice: Subject to any disclaimer, the term of this
patent is extended or adjusted under 35 FOREIGN PATENT DOCUMENTS
U.S.C. 154(b) by 109 days.
WO WO 2012127812 A1 * 9/2012
(21) Appl. No.: 14/180,879
OTHER PUBLICATIONS
(22) Filed: Feb. 14, 2014
"Jeep Wrangler YJ TJ JK Kicker System KS525 Custom Quad (4)
Related U.S. Application Data 5Y4'' Speakers Power Sports UTV Pod," downloaded from www.
hifisoundconnection.com on Feb. 11, 2013, 1 page.
(63) Continuation-in-part of application No. 29/445,639,
filed on Feb. 14, 2013, now Pat. No. Des. 756,961, Primary Examiner- Thang Tran
and a continuation-in-part of application No. (74) Attorney, Agent, or Firm- Egan, Peterman, Enders
29/445,640, filed on Feb. 14, 2013, now Pat. No. Des. & Huston LLP.
756,962, and a continuation-in-part of application No.
29/445,651, filed on Feb. 14,2013, now Pat. No. Des. (57) ABSTRACT
757,686, and a continuation-in-part of application No. Speaker systems are provided, particularly for mounting in
29/445,652, filed on Feb. 14, 2013, now Pat. No. Des. off-road vehicles, ATVs, UTVs, watercraft and motorcycles.
756,963, and a continuation-in-part of application No. The speaker systems may include a linear array of speakers
29/445,656, filed on Feb. 14, 2013, now Pat. No. Des. and a housing encasing a backside thereof. In some cases,
756,964, and a continuation-in-part of application No. the housing includes sliding track mounts along its top and
29/445,659, filed on Feb. 14, 2013, now Pat. No. Des. bottom surfaces. In addition or alternatively, the speaker
757,687. systems may include nut and bolt fasteners arranged on top
of the housing and/or mounting brackets arranged along
(60) Provisional application No. 61/764,637, filed on Feb.
opposing lateral sides of the housing. In some embodiments,
14, 2013.
a speaker system may be suspended in proximity to an upper
(51) Int. Cl. bar of a windshield frame, front roll bar, and/or front edge
H04R 1100 (2006.01) of a roof of a vehicle and adjustable mounting brackets may
B60R 11102 (2006.01) be used to direct the speakers toward the driver and pas-
H04R 1102 (2006.01) senger seats of the vehicle. In some cases, a speaker system
may be operationally independent from a stereo of a vehicle
(52) U.S. Cl.
in which it is mounted.
CPC ........... B60R 1110217 (2013.01); H04R 11028
(2013.01) 20 Claims, 3 Drawing Sheets
Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 3 of 11 Page ID #:164

US 9,469,254 Bl
Page 2

(56) References Cited D658,159 S 4/2012 Janky et al.

D658,160 S 4/2012 Janky et al.
U.S. PATENT DOCUMENTS D659,677 S 5/2012 Kim eta!.
D685,349 S 7/2013 Ohno eta!.
5,094,316 A 3/1992 Rosen D689,234 S 9/2013 Zhang eta!.
5,646,381 A 7/1997 Boyte, Jr. D697,247 S 112014 Mollaghaffari
5,979,590 A 1111999 Telmos D699,385 S 212014 Guzzini
D468,727 S 112003 Mann esc hi D706,748 s 6/2014 Hara
6,522,755 B1 2/2003 Warnaka et al. D714,763 s 10/2014 Woo eta!.
D476,644 S 7/2003 Mann esc hi D717,477 s 1112014 Nakamura et al.
D480,069 S 9/2003 Carbone et a!. 8,879,758 B2 * 1112014 Yamauchi eta!. ............ 3811182
D494,565 S 8/2004 Yao D719,284 s 12/2014 Mizushiro et a!.
D496,923 S 10/2004 Allen D720,723 S 112015 Cho
6,845,840 B2 * 112005 Cowan eta!. 1811150 D721,059 S 112015 Lehnert
D501,841 S 2/2005 Hsu 2002/0153195 A1 * 10/2002 Messner 1811198
D629,139 S 12/2010 Cai eta!. 2005/0045777 A1 * 3/2005 Lee eta!. ...................... 248/121
D638,823 S 5/2011 Schindler 2010/0158299 A1 * 6/2010 Liu ............................... 3811333
D641,340 S 7/2011 Huh 2010/0220877 A1 * 9/2010 Ishibashi et a!. ............. 3811170
8,073,156 B2 12/2011 Hurt eta!.
D654,907 S 212012 McManigal * cited by examiner
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SPEAKER SYSTEMS FOR OFF-ROAD
VEHICLES, ATVS, UTVS, WATERCRAFT,
AND MOTORCYCLES
PRIORITY CLAIM
The present application claims priority to U.S. Provisional
Application No. 61/764,637 filed Feb. 14, 2013. The present
application is further a continuation-in-part of U.S. Design
application Nos. 29/445,639; 29/445,640; 29/445,651;
29/445,652; 29/445,656; and Ser. No. 29/445,659 filed Feb.
14, 2013.
BACKGROUND OF THE INVENTION
1. Field of the Invention
This invention generally relates to speaker systems and
more specifically to speaker systems for off-road vehicles,
ATVs, UTVs, watercraft and motorcycles.
2. Description of the Related Art
The following descriptions and examples are not admitted
to be prior art by virtue of their inclusion within this section.
Auxiliary sound systems made for all terrain vehicles
(ATV), utility terrain vehicles (UTV), watercraft, and motor-
cycles generally offer limited acoustical enhancements,
place strain on electrical systems of the vehicles, and lack
mounting versatility. In particular, all products on the market
are plastic molds made to house a car stereo radio and/or car
or marine 6.5 inch speakers. As an alternative to housing a
car stereo radio, some use the stereo of the vehicle in which
they are installed for an audio signal source. In general,
stereos in ATVs, UTVs, watercraft and motorcycles offer
relatively little power and, thus, the acoustical enhancement
of speaker systems utilizing such stereos are limited. To get
more sound output, some auxiliary speaker systems include
an amplifier. The inclusion of an amplifier, however, will
often cause a lot of strain on the electrical systems of ATVs
and UTVs, as well as some watercraft and motorcycles, due
to their small charging systems. The strain on the electrical
systems can in turn cause problems to the performance of the
vehicles. Furthermore, most conventional add-on speaker
systems for ATVs and UTVs are quite large, bulky, and
unattractive. Some require the removal of and/or an addition
of an entire roof, making them difficult and costly to install.
Moreover, most conventional add-on speaker systems are
vehicle specific and, thus, are not versatile to different makes
and models of vehicles or even to different types of vehicles.
Lastly, many conventional add-on speaker systems have the
speakers firing directly down on your head, so the perception
of sound quality is very poor.
Accordingly, it would be desirable to develop new
speaker sound systems for ATVs, UTVs, watercraft and/or
motorcycles. It would be beneficial for such systems to be
all-in-one integrated systems, which are compact and suit-
able for mounting into a variety of vehicles and furthermore,
which have a higher perception of sound quality relative to
conventional systems.
SUMMARY OF THE INVENTION
Speaker systems are provided, particularly for but not
limited to use in off-road vehicles, ATVs, UTVs, watercraft
and motorcycles. The follow description of various embodi-
ments of speakers systems and vehicles is not to be con-
strued in any way as limiting the subject matter of the
appended claims.
Embodiments of a speaker system include a linear array
of speakers and a housing encasing a backside of the linear
array of speakers, wherein the housing includes sliding track
mounts along its top and bottom surfaces. The speaker
system further includes one or more nut and bolt fasteners
arranged on top of the housing and mounting brackets
arranged along opposing lateral sides of the housing.
Embodiments of a utility terrain vehicle include a wind-
shield frame and/or a roll over cage and further a speaker
10 system having a linear array of speakers suspended in
proximity to an upper bar of the windshield frame or in
proximity to a bar of the roll over cage that is forward of
driver and passenger seats of the utility terrain vehicle. The
linear array of speakers is suspended by mounting brackets
15 on either side of the linear array of speakers. The mounting
brackets are adjustable such that the linear array of speakers
faces the driver and passenger seats.
Embodiments of an all terrain vehicle include a speaker
system operationally independent from a stereo of the all
20 terrain vehicle, wherein the speaker system encases back-
sides of one or more speakers, at least one amplifier and an
audio signal source. The speaker system is detachably
coupled to a main battery of the all terrain vehicle and is
mounted to the all terrain vehicle via quick disconnect
25 mounting mechanisms.
BRIEF DESCRIPTION OF THE DRAWINGS
For a more complete understanding of the present inven-
30 tion, and the advantages thereof, reference is now made to
the following descriptions taken in conjunction with the
accompanying drawings, in which:
FIG. 1 is a front perspective view of an exemplary audio
sound bar;
35 FIG. 2 is a bottom view of the audio sound bar depicted
in FIG. 1 without its backside casing;
FIGS. 3 and 4 are, respectively, left-side and right-side
views of the audio sound bar depicted in FIG. 1;
FIGS. 5 and 6 are, respectively, top and bottom views of
40 the audio sound bar depicted in FIG. 1;
FIGS. 7 and 8 are, respectively, front and rear views of the
audio sound bar depicted in FIG. 1; and
FIG. 9 is a cross-sectional view thereof taken between
axes AA and BB of the audio sound bar depicted in FIG. 8.
45 While the invention is susceptible to various modifica-
tions and alternative forms, specific embodiments thereof
are shown by way of example in the drawings and will
herein be described in detail. It should be understood,
however, that the drawings and detailed description thereto
50 are not intended to limit the invention to the particular form
disclosed, but on the contrary, the intention is to cover all
modifications, equivalents and alternatives falling within the
spirit and scope of the present invention as defined by the
appended claims.
55
DETAILED DESCRIPTION OF THE
INVENTION
The disclosure herein relates to speaker systems particu-
60 larly for but not limited to vehicular applications in which
passengers are not or not able to be fully enclosed within the
confines of the vehicle, such as some off-road vehicles (such
as but not limited to ATVs, dirt bikes, dune buggies, sand-
rails, some rock crawlers), UTVs, watercraft and motor-
65 cycles. In particular, vehicles that do not enable passengers
to be fully enclosed within their confines are vehicles void
of windows, doors, roofs and/or windshields. Additional
Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 8 of 11 Page ID #:169
US 9,469,254 Bl
3 4
speakers are often desirable within such vehicles (i.e., rela-
tive to vehicles in which passengers are able to be fully
enclosed) to overcome ambient noise and/or to enhance the
enjoyment of using the vehicle, particularly since many of
such vehicles are used for recreation. In some embodiments,
the speaker systems described herein may be configured as
add-on or after market systems in that they are installed in
a vehicle after manufacture of the vehicle. In other words,
the speaker systems may be retrofitted into a vehicle. Alter-
natively, the speaker systems described herein may be
installed in a vehicle while the vehicle is being manufac-
tured. In any case, it is noted that the term speaker system
may be interchangeably used herein with the term audio
system.
As used herein, an all-terrain vehicle (ATV) refers to a
vehicle having three, four or six low-pressure tires, a seat
that is straddled by the operator, and handlebars for steering
control. ATVs generally do not have overhead occupant
protective structures or overhead windshield frames. An
ATV is commonly known as a three-wheeler, four-wheeler,
quad or quad bike. Dirt bikes are motorized two wheeled
vehicles which include a seat that is straddled by the
operator and handlebars for steering control. Dirt bikes are
a subset of motorcycles which are specifically designed for
off-road use and, thus, are not generally classified as street
legal. Dune buggies, sandrails and rock crawlers generally
have four or more tires and differ from ATVs by having
windshield frames, roll over bars and/or roofs as well as
non-straddle seating and steering wheels instead of handle
bars. Dune buggies, sandrails and rock crawlers also differ
from ATVs by having a generally wider and/or longer tire
base. A utility terrain vehicle (UTV) refers to a vehicle with
four or more non-highway tires, a steering wheel, non-
straddle seating, and an overhead occupant protective struc-
ture. UTVs differ from dune buggies, sandrails and rock
crawlers by having a generally narrower and/or shorter tire
base. UTVs are commonly known as side-by-side vehicles
and recreational off-highway vehicles. As used herein,
watercraft refers to any vessel configured for water transport
and/or activity, such as but not limited to boats and personal
watercraft. A motorcycle refers to a vehicle having two
in-line tires, a seat that is straddled by the operator, and
handlebars for steering control. Motorcycles and some
watercraft do not have overhead occupant protective struc-
tures or overhead windshield frames.
In some embodiments, the speaker systems disclosed
herein may be all-in-one audio systems in that they include
one or more speakers, their own audio signal source and
optionally at least one amplifier. Due to such a compilation
of components, the audio systems need not be connected to
an independent audio signal to function and, thus, when
installed in vehicles, the systems may be operationally
independent from the stereo of the vehicles. Furthermore,
the audio systems may have minimal wiring, particularly
only a single jacket wire with power and ground and, if
applicable, LED lighting wires. In yet other embodiments,
the speaker systems described herein may be void of their
own audio signal source and/or an amplifier. In such cases,
a speaker system may be coupled to a stereo system of a
vehicle when installed therein or alternatively to another
device within the vehicle that has its own audio signal
source. In any case, the speaker systems described herein
may, in some embodiments, include additional components,
such as but not limited to a Bluetooth source unit, a light
source (e.g., light emitting diodes), auxiliary input ports
(e.g., for an MP3 player), and auxiliary output ports (e.g., to
go to an external amplifier for a subwoofer or additional
speakers). In some cases, the auxiliary input and output ports
may be used to connect multiple audio systems together.
In some cases, the speakers systems described herein may
include a battery or a battery pack. In general, ATVs, UTVs,
as well as some off-road vehicles and watercraft have very
small batteries and many times these vehicles are used to
listen to the stereo with the vehicle off. Having a battery or
a battery pack in the audio systems described herein allows
a user to use the audio system independent of a main battery
10 of a vehicle, preventing the deterioration thereof. The audio
systems described herein may be coupled to a main battery
of a vehicle such that a battery or battery pack incorporated
therein is charged by the main battery when the vehicle is
running, but then supplies primary power to the audio
15 system when the vehicle is not running. So, an audio system
need not be removed from a vehicle to charge it. An example
of a suitable battery pack is a lithium ion battery pack, but
other types of batteries may be used.
An additional feature of the speaker systems described
20 herein is that they may have mounting mechanisms and, in
some embodiments, mounting mechanisms specifically for
suspending the speaker system. The mounting mechanisms
may include but are not limited to nuts and bolts for
attaching to flat surfaces, pipe mounts (such as for mounting
25 to roll bars or frames), and sliding tracks. Other mounting
mechanisms known in the art may be used. In some cases,
an audio system may include a plurality of different mount-
ing mechanisms such that it may be mounted different
locations of a vehicle and/or in a variety of different types of
30 vehicles. In any case, the mounting mechanisms may some-
times be configured for relatively quick disconnects or
release such that the audio system may be easily and quickly
detached from a given location/vehicle. Examples of mount-
ing mechanisms which are configured for relatively quick
35 disconnects or release are those described in reference to
FIGS. 1-9, specifically bolt-on application 26, mounting
brackets 28 and sliding track mounts 29. Other types of
mounting mechanisms which offer relatively quick discon-
nects or release may be considered for the speaker systems
40 described herein. Given such detachability and that the
audio systems may in some embodiments include a battery
or battery pack and their own audio signal source as noted
above, the audio systems described herein may in some
cases be portable, allowing a user to take an audio system
45 with them and place it in another location, such as setting it
on a table or mounting it to another structure.
In general, the audio systems described herein may be
mounted in any location within and/or on a vehicle, (i.e., in
front of, beside, or behind its driver seat and/or passenger
50 seats), including but not limited to the dashboard, the roof,
the hood, the handle bars, the steering wheel, the floor
boards, or the door panels. In some cases, it may be
particularly advantageous to have an audio system arranged
such that the speakers face the driver seat and/or front
55 passenger seats of the vehicle. In particular, the human
auditory system hears sound best from the front and, thus,
positioning the speakers of the audio systems described
herein toward a driver seat and/or passenger seats of a
vehicle may optimize the perception of sound therefrom. A
60 particularly suitable spot for the audio systems described
herein in some off-road vehicles, UTVs and some watercraft
may be in proximity of or directly attached to an upper bar
of a windshield frame, a front roll bar and/or a front edge of
a roof. In particular, such vehicles generally have plenty of
65 headroom for protection during rollovers and, thus, have
plenty of room for installation of an audio system which may
have speakers directed at the driver seat and/or front pas-
Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 9 of 11 Page ID #:170
US 9,469,254 Bl
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senger seats of a vehicle. ATVs, motorcycles and some
watercraft (such as personal watercraft) do not generally
include windshield frames, roll over bars or roofs and, thus,
in such cases, the audio system described herein may be
mounted on the handle bars of the vehicle or above/upon a
hood of the vehicle. In other embodiments, an audio system
may be installed behind, below, above, and/or beside a
driver seat and/or a passenger seat ofanATV, motorcycle, or
personal watercraft.
An example of an audio system is depicted in FIGS. 1-9.
It is noted that the configuration of the audio system illus-
trated is merely exemplary. Many other configurations may
be considered for the audio systems considered herein. For
example, although FIGS. 1-9 illustrate an audio system with
eight speakers, the audio systems described herein are not so
limited. In particular, the audio systems described herein
may include any number of speakers, including a single
speaker or any plurality of speakers. For example, it may be
advantageous to make a shorter or longer array of speakers
for an audio system and, thus, an audio system may alter-
natively include four or ten speakers or any other number of
speakers. Furthermore, the audio systems described herein
are not restricted to having a linear array of speakers as
illustrated for the configuration depicted in FIGS. 1-9. In
particular, any arrangement of speakers may be considered
for the audio systems described herein. As such, the audio
systems described herein are not limited to the depictions in
the drawings. Furthermore, it is noted that the drawings are
not necessarily drawn to scale in that particular features may
be drawn to a larger scale than other features to emphasize
their characteristics.
FIGS.1-9 illustrates audio system 10 having a linear array
of eight speakers 12 split on either side of control panel14.
Although not shown, a grid may be arranged over the face
of the system, particularly in front of speakers 12 for a
cosmetic effect. It is noted that control panel14 need not be
central to the linear array speakers and further may alterna-
tively be disposed on the side, top, bottom or back of the
housing encasing the backside of the speakers. As shown in
the bottom view of audio system 10 in FIG. 2 (without its
back-side casing), six of the eight speakers may be active
and the other two speakers may be passive. Other numbers
and arrangements of active and passive speakers may be
considered or all the speakers may be active. In yet other
cases, tweeter speakers may be included in audio system 10
with active and/or passive speakers. In general, any type of
speakers and any combination of speaker types may be
included in the audio systems described herein. Further-
more, speakers of any size may be considered for the audio
systems described herein. In some cases, particularly when
the audio system is mounted in proximity to an upper bar of
a windshield frame, a front roll bar and/or a front edge of a
roof, relatively small speakers may be of interest in order to
give enough clearance from individuals sitting in the driver
seat and/or front passenger seat of the vehicle. For example,
speakers having a width or diameter of approximately 4
inches or less may be advantageous.
As further shown in FIG. 2, audio system 10 may include
amplifier 16 for the active speakers. In general, the amplifier
is matched to the speakers to provide optimum output and
sound quality and, in some embodiments, the amplifier may
be a full range class D high efficiency amplifier. In any case,
the audio system 10 may include its own audio signal source
such that it may be operationally independent from other
stereo systems, such as a head unit of a vehicle. In yet other
embodiments, audio system 10 may be void of its own audio
signal source and/or amplifier.
FIG. 2 further depicts the inclusion of battery 18 and FIG.
1 depicts the inclusion of light emitting diode (LED) lights
20 within audio system 10, either of which may be optional
as noted above, depending on the design specifications of the
audio system. Furthermore, the number, type and placement
of battery 18 and LED lights 20 may vary depending on the
design specifications of the system. In some cases, an LED
may be placed central to each speaker. The LED lights may
include red, green and blue (RGB) LEDs for cool effects and
10 may be turned white for use as a dome light. In some
embodiments, other types of light sources may be addition-
ally or alternatively included in the system. As shown in
FIG. 4, audio system 10 may include auxiliary input port 22
(e.g., for a consumer to stream audio to the system via an
15 MP3 player) and/or auxiliary output port 24 (e.g., to connect
to an external amplifier for a subwoofer or to connect to
additional speakers). Although not shown, audio system 10
may include a Bluetooth source unit as noted above. All of
such components of audio system 10 may be encased in a
20 housing, which may be of any material and construction
suitable to be water-resistant, weather-resistant, UV-resis-
tant and durable to handle the jarring motion off-roading
conditions. An example material may be aluminum, but
other materials such as plastics, composites or other metals
25 may be considered.
Although the speakers are not restricted to a linear array,
such a configuration lends to a long, narrow and compact
unit, which may be particularly advantageous for arranging
in front of a driver and/or a passenger of a vehicle, such as
30 in proximity of an upper bar of a windshield frame, a front
roll bar and/or a front edge of a roof, which as noted above
are applicable for UTVs, dune buggies, sandrails and rock
crawlers. Alternatively, an audio system with a linear array
of speakers may be mounted on the dashboard, on the handle
35 bars or upon a hood of a vehicle. In yet other embodiments,
an audio system with a linear array of speakers may be
installed behind, below, above, and/or beside a driver seat
and/or a passenger seat of a vehicle. As used herein, the
phrase linear array of speakers refers to a group of speakers
40 aligned in a single line or row.
As noted above, the audio systems described herein may
include one or more types of mounting mechanisms and may
particularly include a mounting mechanism which is con-
figured to suspend the audio system. As further noted above,
45 the audio systems described herein may, in some embodi-
ments, include a plurality of different mounting mechanisms
such that they may be mounted at different locations of a
vehicle and/or in a variety of different types of vehicles. An
example of three different types of mounting mechanisms is
50 illustrated in FIGS. 1-9, including bolt-on application 26 on
the upper surface of the unit, mounting brackets 28 along the
sides of the unit configured for flat surface and/or pipe
mounting, and sliding track mounts 29 along the top and
bottom of the housing. In some cases, bolt-on applications
55 26 may be arranged over the sliding track mount that is
arranged along the top surface of the housing as shown in
FIGS. 1 and 5. It is noted that in such embodiments bolt-on
applications 26 may be removable, particularly in situations
when the sliding track mount on the top surface of the
60 housing is to be used to secure the speaker system to a
structure. In other cases, bolt-on applications 26 may be
arranged over other portions of the top surface of the
housing (i.e., not over the sliding track mount comprising
the upper surface of the housing). In any case, it is noted that
65 sliding track mounts 29 may include any configuration
known in the art for sliding track mounts and, thus, they are
not limited to the cross-sectional design, width, or depth
Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 10 of 11 Page ID #:171
US 9,469,254 Bl
7 8
depicted in FIGS. 1, 3, 4, and 9. Furthermore, sliding track
mounts 29 may extend between lateral ends of the housing
of audio system 10 as shown in FIGS. 1-9, but they are not
necessarily so limited. In particular, it is contemplated that
one or both of sliding track mounts 29 may extend less than
the full length of the housing. Furthermore, audio system 10
may include more than one sliding track along the upper
and/or lower surfaces of the housing,
The configuration of mounting brackets 28 to be for flat
surface mounting is that the upper surfaces of mounting
brackets 28 shown in FIGS. 1, 3, 4, 7 and 8 are substantially
flat. In particular, the substantially flat upper surfaces of
mounting brackets 28 shown in FIGS. 1, 3, 4, 7 and 8 may
be abutted and secured to substantially flat surfaces of
structures via a nut and bolt or a screw through the hole
shown in L-shaped portions 32 of mounting brackets 28. The
configuration of mounting brackets 28 to be for flat surface
mounting and pipe mounting may be provided via an
addendum part to the brackets shown in FIGS. 1-9. In
particular, mounting brackets 28 may include an addendum
part with a substantially flat surface to detachably mate with
the substantially flat upper surface of L-shaped portions 32
shown in FIGS. 1, 3, 4, 7 and 8. In addition, the opposing
surface of the addendum part may be concave for mating
with a pipe. The addendum part may be removably secured
to L-shaped portion 32 by any means known in the art for
securing two parts together, such as but not limited to nuts
and bolts, screws, sliding tracks, magnets, etc. In yet other
cases, L-shaped portions 32 may be configured for pipe
mounting. In particular, the upper surface of L-shaped
portions 32 shown in FIGS. 1, 3, 4, 7 and 8 may alternatively
be concave. In such embodiments, mounting brackets 28
may be configured solely for pipe mounting. In other such
cases, however, mounting brackets 28 may include an
addendum part configured for coupling with the upper
surface of the concave L-shaped portions and further have a
substantially flat opposing surface for mounting to a sub-
stantially flat surface of a structure.
In any case, mounting brackets 28 may be adjustable such
that the speakers of the unit may be directed toward the
driver seat and/or front passenger seat of a vehicle. In
particular, L-shaped portions 32 of mounting brackets 28
may swivel about circular portions 34 which are attached to
the sides of the housing encasing the backside of speakers
12. In this manner, when L-shaped portions 32 are secured
to a structure, linear array of speakers 12 and all of the
components encased in its backside housing may be moved
in a rotary manner, particularly to change the angle at which
the linear array of speakers is directed. It is noted that
L-shaped portions 32 may swivel 360 degrees about circular
portions 34 and, thus, in some cases, mounting brackets 28
may be adjusted to attach audio system 10 to an underlying
structure or a sideways structure. In particular, mounting
brackets 28 may be adjusted to move L-shaped portions 32
approximately 180 degrees from the positions depicted in
FIGS. 1-9 such that the parts ofL-shaped portions 32 jutting
out from the side of the housing are in proximity to the lower
surface of the housing. In fact, mounting brackets 28 may be
adjusted to move L-shaped portions 32 any number of
degrees from the positions depicted in FIGS. 1-9 such that
L-shaped portions 32 may be secured to a structure, whether
it is overhead, sideways or under linear array of speakers 12.
In any case, circular portions 34 may be secured to the sides
of the housing via a nut and bolt or screw, which may be
further tightened to secure L-shaped portions 32 in a par-
ticularly position.
It is noted that audio system 10 is not restricted to the
combination of mounting mechanisms depicted in FIGS.
1-9. In particular, audio system 10 may alternatively be void
of one or two of bolt-on application 26, mounting brackets
28, and sliding track mounts 29 or may be void of all three
mounting mechanisms. Moreover, audio system 10 may
include other mounting mechanisms in addition to or alter-
native to bolt-on application 26, mounting brackets 28, and
sliding track mounts 29. In yet other embodiments, audio
10
system 10 may be void of any mounting mechanisms.
It will be appreciated to those skilled in the art having the
benefit of this disclosure that this invention is believed to
provide speaker systems, particularly for but not limited to
15
use in off-road vehicles, ATVs, UTVs, watercraft and motor-
cycles. Further modifications and alternative embodiments
of various aspects of the invention will be apparent to those
skilled in the art in view of this description. For example,
although the aforementioned figures and accompanying text
20 describe an example of a speaker system with a linear array
of speakers, the speaker systems described herein are not so
limited. In particular, any number and arrangement of speak-
ers may be considered for the speaker systems described
herein. Accordingly, this description is to be construed as
25 illustrative only and is for the purpose of teaching those
skilled in the art the general manner of carrying out the
invention. It is to be understood that the forms of the systems
shown and described herein are to be taken as the presently
preferred embodiments. Elements and materials may be
30 substituted for those illustrated and described herein, parts
and processes may be reversed, and certain features of the
systems may be utilized independently, all as would be
apparent to one skilled in the art after having the benefit of
this disclosure. Changes may be made in the elements
35 described herein without departing from the spirit and scope
of the invention as described in the following claims.
What is claimed is:
1. A speaker system, comprising:
40 a linear array of speakers;
a housing encasing a backside of the linear array of
speakers, wherein the housing comprises sliding track
mounts along its top and bottom surfaces each for
receiving a mounting;
45 one or more nut and bolt fasteners for mounting the
speaker system to a surface, wherein the one or more
nut and bolt fasteners are arranged over the sliding
track that is arranged along the top surface of the
housing; and
50 mounting brackets arranged along opposing lateral sides
of the housing for mounting the speaker system to a
surface.
2. The speaker system of claim 1, wherein the mounting
brackets are configured for flat surface mounting.
55 3. The speaker system of claim 1, wherein the mounting
brackets are configured for pipe mounting.
4. The speaker system of claim 1, wherein the mounting
brackets are configured for flat surface mounting and pipe
mounting.
60 5. The speaker system of claim 1, wherein the mounting
brackets are adjustable.
6. The speaker system of claim 1, further comprising an
audio signal source within the housing and which is elec-
trically coupled to the linear array of speakers.
65 7. The speaker system of claim 1, further comprising an
amplifier within the housing and which is electrically
coupled to the linear array of speakers.
Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 11 of 11 Page ID #:172
US 9,469,254 Bl
9 10
8. The speaker system of claim 1, further comprising a
battery pack within the housing and which is electrically
coupled to the linear array of speakers.
9. The speaker system of claim 1, further comprising light
emitting diodes arranged along a side of the speaker system
comprising a front side of the linear array of speakers.
10. The speaker system of claim 6, further comprising an
auxiliary input port and an auxiliary output port within an
exterior of the housing, wherein the auxiliary input is
electrically coupled to the linear array of speakers, and
wherein the auxiliary output port is coupled to the audio
signal source.
11. A speaker system, comprising:
a linear array of speakers; and
a housing encasing a backside of the linear array of
speakers, wherein the housing comprises a first sliding
track mount along its exterior surface above the linear
array of speakers and a second sliding track mount
along its exterior surface below the linear array of
speakers, and wherein each of the first and second
sliding track mounts are for receiving a mounting.
12. The speaker system of claim 11, wherein at least one
of the first and second sliding tracks extends between lateral
ends of the housing.
13. The speaker system of claim 11, further comprising
one or more bolt-on applications arranged over the first
sliding track for mounting the speaker system to a surface.
14. The speaker system of claim 11, further comprising
mounting brackets arranged along opposing lateral sides of
the housing for mounting the speaker system to a surface.
15. The speaker system of claim 11, wherein the housing
comprises a substantially planar exterior backside surface
behind the linear array of speakers.
16. The speaker system of claim 11, wherein the housing
comprises:
an upper side comprising the first sliding track mount;
a lower side comprising the second sliding track mount;
and
a backside extending between the upper side and the
lower side, wherein the backside is aligned in a plane
10
substantially parallel with a front side of the linear
array of speakers, and wherein the backside comprises
a height of at least at one third of the height of the linear
array of speakers.
17. The speaker system of claim 11, wherein the first and
15 second sliding track mounts are spaced approximately equi-
distant from a plane comprising a front side of the linear
array of speakers.
18. A speaker system, comprising:
a linear array of speakers;
20 a housing encasing a backside of the linear array of
speakers, wherein the housing comprises a sliding track
mount along its exterior surface for receiving a mount-
ing; and
one or more bolt-on applications arranged over the sliding
25 track for mounting the speaker system to a surface.
19. The speaker system of claim 18, wherein the sliding
track is arranged along a top surface of the speaker system.
20. The speaker system of claim 18, further comprising
mounting brackets arranged at opposing lateral sides of the
30 housing for mounting the speaker system to a surface.
* * * * *
Case 5:18-cv-00807-JGB-KK Document 25-2 Filed 04/13/18 Page 1 of 6 Page ID #:173

EXHIBIT B
Case 5:18-cv-00807-JGB-KK Document 25-2 Filed 04/13/18 Page 2 of 6 Page ID #:174
111111 1111111111111111111111111111111111111111111111111111111111111
USOOD756962S

c12) United States Design Patent (10) Patent No.: US D756,962 S

White et al. (45) Date of Patent: ** May 24, 2016

(54) SPEAKER SOUND BAR WITH BOLT ON D494,565 S * 8/2004 Yao .............................. D14/215
MOUNTS D496,923 S * 10/2004 Allen ........................... D14/211
D501,841 S * 2/2005 Hsu .............................. D14/171
D629,139 S * 12/2010 Cai ................................ D26/72
(71) Applicants: Timothy John White, Round Rock, TX D638,823 S * 5/2011 Schindler ..................... D14/214
(US); Brett A. Triola, Houston, TX (US) D641,340 S * 7/2011 Huh ............................. D14/214
D654,907 S * 2/2012 McManigal ................. D14/214
(72) Inventors: Timothy John White, Round Rock, TX D655,274 S 3/2012 McManigal
(US); Brett A. Triola, Houston, TX (US) D658,159 S * 4/2012 Janky et al ................... D14/214
D658,160 S * 4/2012 Janky et al ................... D14/214
D659,677 S * 5/2012 Kim et al ..................... D14/214
(**) Term: 14 Years
(Continued)
(21) Appl. No.: 29/445,640 OTHER PUBLICATIONS
(22) Filed: Feb. 14, 2013 Office Action mailed Feb. 12, 2015 for U.S. Appl. No. 29/445,651.
(51) LOC (10) Cl. ................................................ 14-03 (Continued)
(52) U.S. Cl.
USPC ......................................... Dl4/214; D14/215 Primary Examiner- Keli L Hill
(58) Field of Classification Search (74) Attorney, Agent, or Firm- Egan, Peterman, Enders &
USPC ........ D14/167, 168, 170--172, 188, 194-196, HustonLLP.
D14/204, 207, 209.1, 210--216, 219, 221,
D14/222, 224, 496; 181/143, 144, 147, 148, (57) CLAIM
181/150, 153, 157, 198, 199; 381/300-303, The speaker sound bar with bolt on mounts, as shown and
381/306,332,333,336,345,361-364, described.
381/386-388; 369/6-12
CPC .... B60R 11/0217; G06F 1/1688; H04M 1/03; DESCRIPTION
H04M 1/035; H04R 1/02; H04R 1/06; H04R
1/021; H04R 1/025; H04R 1/026; H04R FIG. 1 is a front and right side perspective view of a speaker
1/028; H04R 1/105; H04R 1/323; H04R sound bar with bolt on mounts embodying our new design;
1/403; H04R 1/2803; H04R 1/2834; H04R FIG. 2 is a front elevation view thereof;
5/02; H04R 7/20; H04R 9/06; H04R 9/025; FIG. 3 is a rear elevation view thereof;
H04R 2201/021; H04R 2400/00; H04R FIG. 4 is a cross-sectional view thereof taken between axes
2400/07; H04R 2499/11; H04R 2499/13; A-A and B-B of FIG. 3;
H04R 2499/15; H04S 3/00; H04S 7/30 FIG. 5 is a left-side elevation view thereof;
See application file for complete search history. FIG. 6 is a right-side elevation view thereof;
FIG. 7 is a top plan view thereof; and,
(56) References Cited FIG. 8 is a bottom plan view thereof.
The broken lines shown are included for the purpose of illus-
U.S. PATENT DOCUMENTS
trating portions of the speaker sound bar with bolt on mounts
D468,727 S * 112003 Manneschi .................. D14/222 that form no part of the claim.
D476,644 S * 7/2003 Manneschi .................. D14/222
D480,069 S * 9/2003 Carbone eta!. .............. D14/216 1 Claim, 3 Drawing Sheets

(]
Case 5:18-cv-00807-JGB-KK Document 25-2 Filed 04/13/18 Page 3 of 6 Page ID #:175

US D756,962 S
Page 2

(56) References Cited White, "Speaker Sounds Bar With LED Display", U.S. Appl. No.
29/445,639, filedFeb.14, 2013; OfficeActionmailedOct. 20, 2015;
U.S. PATENT DOCUMENTS 10 pgs.
White, "Speaker Sounds Bar With Side Mounts", U.S. Appl. No.
29/445,651, filedFeb.14, 2013; OfficeActionmailedOct. 20, 2015;
D685,349 S * 7/2013 Ohno et al. D14/221
10 pgs.
D697,247 S * 112014 Mollaghaffari D26/76 White, "Speaker Sounds Bar With Track Mounts", U.S. Appl. No.
D699,385 S * 2/2014 Guzzini D26/74 29/445,652, filedFeb.14, 2013; OfficeActionmailedOct. 20, 2015;
D706,748 s * 6/2014 Hara D14/214 10 pgs.
D714,763 s * 10/2014 Woo eta!. D14/221 White, "Speaker Sounds Bar With Multiple Mount Options", U.S.
D717,477 s * 1112014 N akarnura et a!. D26/3 Appl. No. 29/445,656, filed Feb. 14, 20 13; Office Action mailed Oct.
D720,723 S * 112015 Cho D14/215 21, 2015; 10pgs.
D721,059 S * 112015 Lehnert . D14/215 White, "Speaker Sound Bar", U.S. Appl. No. 29/445,659, filed Feb.
14, 2013; Office Action mailed Oct. 21, 2015; 11 pgs.
OTHER PUBLICATIONS White, "Speaker Sounds Bar With Track Mounts", U.S. Appl. No.
29/445,652, filed Feb. 14, 2013; Notice of Allowance mailed Jan. 15,
2016; 8 pgs.
Office Action mailed Feb. 13, 2015 for U.S. Appl. No. 29/445,652.
Office Action mailed Feb. 24, 2015 for U.S. Appl. No. 29/445,656. * cited by examiner
Case 5:18-cv-00807-JGB-KK Document 25-2 Filed 04/13/18 Page 4 of 6 Page ID #:176

U.S. Patent May 24,2016 Sheet 1 of 3 US D756,962 S

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EXHIBIT C
Case 5:18-cv-00807-JGB-KK Document 25-3 Filed 04/13/18 Page 2 of 6 Page ID #:180
111111 1111111111111111111111111111111111111111111111111111111111111
USOOD756963S

c12) United States Design Patent (10) Patent No.: US D756,963 S

White et al. (45) Date of Patent: ** May 24, 2016

(54) SPEAKER SOUND BAR WITH TRACK D494,565 S * 8/2004 Yao .............................. D14/215
MOUNTS D496,923 S * 10/2004 Allen ........................... D14/211
D501,841 S * 2/2005 Hsu .............................. D14/171
D629,139 S * 12/2010 Cai eta!. ........................ D26/72
(71) Applicants: Timothy John White, Round Rock, TX D638,823 S * 5/2011 Schindler ..................... D14/214
(US); Brett A. Triola, Houston, TX (US) D641,340 S * 7/2011 Huh ............................. D14/214
D654,907 S * 2/2012 McManigal ................. D14/214
(72) Inventors: Timothy John White, Round Rock, TX D655,274 S 3/2012 McManigal
(US); Brett A. Triola, Houston, TX (US) D658,159 S * 4/2012 Janky et al ................... D14/214
D658,160 S * 4/2012 Janky et al ................... D14/214
D659,677 S * 5/2012 Kim et al ..................... D14/214
(**) Term: 14 Years
(Continued)
(21) Appl. No.: 29/445,652 OTHER PUBLICATIONS
(22) Filed: Feb. 14, 2013 Office Action mailed Feb. 24, 2015 for U.S. Appl. No. 29/445,640.
(51) LOC (10) Cl. ................................................ 14-03 (Continued)
(52) U.S. Cl.
USPC ......................................................... Dl4/214 Primary Examiner- Keli L Hill
(58) Field of Classification Search (74) Attorney, Agent, or Firm- Egan, Peterman, Enders &
USPC ........ D14/167, 168, 170--172, 188, 194-196, HustonLLP
D14/204, 207, 209.1, 210--216, 219, 221,
D14/222, 224, 496; 181/143, 144, 147, 148, (57) CLAIM
181/150, 153, 157, 198, 199; 381/300-303, The speaker sound bar with track mounts, as shown and
381/306,332,333,336,345,361-364, described.
381/386-388; 369/6-12
CPC .... B60R 11/0217; G06F 1/1688; H04M 1/03; DESCRIPTION
H04M 1/035; H04R 1/02; H04R 1/06; H04R
1/021; H04R 1/025; H04R 1/026; H04R FIG. 1 is a front and right side perspective view of a speaker
1/028; H04R 1/105; H04R 1/323; H04R sound bar with track mounts, embodying our new design;
1/403; H04R 1/2803; H04R 1/2834; H04R FIG. 2 is a left side elevation view thereof;
5/02; H04R 7/20; H04R 9/06; H04R 9/025; FIG. 3 is a right side elevation view thereof;
H04R 2201/021; H04R 2400/00; H04R FIG. 4 is a top plan view thereof;
2400/07; H04R 2499/11; H04R 2499/13; FIG. 5 is a bottom plan view thereof;
H04R 2499/15; H04S 3/00; H04S 7/30 FIG. 6 is a front elevation view thereof;
See application file for complete search history. FIG. 7 is a rear elevation view thereof; and,
FIG. 8 is a cross-sectional view thereof taken between axes
(56) References Cited A-A and B-B of FIG. 7.
The broken lines shown are included for the purpose of illus-
U.S. PATENT DOCUMENTS
trating portions of the speaker sound bar with track mounts
D468,727 S * 112003 Manneschi .................. D14/222 that form no part of claim.
D476,644 S * 7/2003 Manneschi .................. D14/222
D480,069 S * 9/2003 Carbone eta!. .............. D14/216 1 Claim, 3 Drawing Sheets
Case 5:18-cv-00807-JGB-KK Document 25-3 Filed 04/13/18 Page 3 of 6 Page ID #:181

US D756,963 S
Page 2

(56) References Cited OTHER PUBLICATIONS

U.S. PATENT DOCUMENTS Office Action mailed Feb. 12, 2015 for U.S. Appl. No. 29/445,651.
Office Action mailed Feb. 24, 2015 for U.S. Appl. No. 29/445,656.
D685,349 S * 7/2013 Ohno et al ................... D14/221 Final Office Action mailed Oct. 20, 2015 for U.S. Appl. No.
D697,247 S * 112014 Mollaghaffari ................ D26/76 29/445,640.
D699,385 S * 2/2014 Guzzini ......................... D26/74 Final Office Action mailed Oct. 20, 2015 for U.S. Appl. No.
D706,748 S * 6/2014 Hara ............................ D14/214 29/445,651.
D714,763 S * 10/2014 Woo eta!. .................... D14/221 Final Office Action mailed Oct. 20, 2015 for U.S. Appl. No.
D717,477 S * 1112014 Nakamuraetal. ............... D26/3 29/445,656.
D720,723 S * 112015 Cho ............................. D14/215
D721,059 S * 112015 Lehnert ........................ D14/215 * cited by examiner
Case 5:18-cv-00807-JGB-KK Document 25-3 Filed 04/13/18 Page 4 of 6 Page ID #:182

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Case 5:18-cv-00807-JGB-KK Document 25-4 Filed 04/13/18 Page 1 of 6 Page ID #:185

EXHIBIT D
Case 5:18-cv-00807-JGB-KK Document 25-4 Filed 04/13/18 Page 2 of 6 Page ID #:186
111111 1111111111111111111111111111111111111111111111111111111111111
USOOD757686S

c12) United States Design Patent (10) Patent No.: US D757,686 S

White et al. (45) Date of Patent: ** May 31, 2016

(54) SPEAKER SOUND BAR WITH SIDE MOUNTS D501,841 s * 2/2005 Hsu .............................. D14/171
D629,139 S * 12/2010 Cai eta!. ........................ D26/72
(71) Applicants: Timothy John White, Round Rock, TX D638,823 S * 5/2011 Schindler ..................... D14/214
D641,340 S * 7/2011 Huh ............................. D14/214
(US); Brett A. Triola, Houston, TX (US) S McManigal ................. D14/214
D654,907 * 2/2012
D655,274 S 3/2012 McManigal
(72) Inventors: Timothy John White, Round Rock, TX D658,159 S * 4/2012 Janky et al . .................. D14/214
(US); Brett A. Triola, Houston, TX (US) D658,160 S * 4/2012 Janky et al . .................. D14/214
D659,677 S * 5/2012 Kimet al . .................... D14/214
(**) Term: 14 Years D685,349 S * 7/2013 Ohno eta!. .................. D14/221
D697,247 S * 112014 Mollaghaffari ................ D26/76
(21) Appl. No.: 29/445,651 (Continued)
OTHER PUBLICATIONS
(22) Filed: Feb. 14, 2013
(51) LOC (10) Cl. ................................................ 14-03 Office Action mailed Feb. 24 2015 for U.S. Appl. No. 29/445,640.
(52) U.S. Cl. (Continued)
USPC ......................................... Dl4/214; D14/215
(58) Field of Classification Search Primary Examiner- Keli L Hill
USPC ........ D14/167, 168, 170--172, 188, 194-196, (74) Attorney, Agent, or Firm- Egan, Peterman, Enders &
D14/204, 207, 209.1, 210--216, 219, 221, HustonLLP
D14/222, 224, 496; 181/143, 144, 147, 148,
181/150, 153, 157, 198, 199; 381/300-303,
(57) CLAIM
381/306,332,333,336,345,361-364,
The speaker sound bar with side mounts, as shown and
381/386-388; 369/6-12
described.
CPC .... B60R 11/0217; G06F 1/1688; H04M 1/03;
H04M 1/035; H04R 1/02; H04R 1/06; H04R
1/021; H04R 1/025; H04R 1/026; H04R DESCRIPTION
1/028; H04R 1/105; H04R 1/323; H04R
1/403; H04R 1/2803; H04R 1/2834; H04R FIG. 1 is a front and right side perspective view of a speaker
5/02; H04R 7/20; H04R 9/06; H04R 9/025; sound bar with side mounts, embodying our new design;
H04R 2201/021; H04R 2400/00; H04R FIG. 2 is a front elevation view thereof;
2700/07; H04R 2499/11; H04R 2499/13; FIG. 3 is a rear elevation view thereof;
H04R 2499/15; H04S 3/00; H04S 7/30 FIG. 4 is a cross-sectional view thereof taken between axes
See application file for complete search history. A-A and B-B of FIG. 3;
FIG. 5 is a left side elevation view thereof;
(56) References Cited FIG. 6 is a right side elevation view thereof;
FIG. 7 is a top plan view thereof; and,
U.S. PATENT DOCUMENTS FIG. 8 is a bottom plan view thereof.
The broken lines shown are included for the purpose of illus-
D468,727 S * 112003 Manneschi .................. D14/222
trating portions of the speaker sound bar with side mounts that
D476,644 S * 7/2003 Manneschi .................. D14/222
D480,069 S * 9/2003 Carbone eta!. .............. D14/216 form no part of the claimed design.
D494,565 S * 8/2004 Yao .............................. D14/215
D496,923 S * 10/2004 Allen ........................... D14/211 1 Claim, 3 Drawing Sheets
Case 5:18-cv-00807-JGB-KK Document 25-4 Filed 04/13/18 Page 3 of 6 Page ID #:187

US D757,686 S
Page 2

(56) References Cited White, "Speaker Sound Bar With Bolt on Mounts", U.S. Appl. No.
29/445,640, filedFeb.14, 2013; OfficeActionmailedOct. 20, 2015;
U.S. PATENT DOCUMENTS 10 pgs.
White, "Speaker Sounds Bar With Track Mounts", U.S. Appl. No.
D699,385 S * 2/2014 Guzzini D26/74 29/445,652, filedFeb.14, 2013; OfficeActionmailedOct. 20, 2015;
D706,748 S * 6/2014 Hara D14/214
10 pgs.
D714,763 S * 10/2014 Wooetal. D14/221
D717,477 S * 1112014 Nakamura eta!. D26/3 White, "Speaker Sounds Bar With Multiple Mount Options", U.S.
D720,723 S * 112015 Cho D14/215 Appl. No. 29/445,656, filed Feb. 14, 20 13; Office Action mailed Oct.
D721,059 S * 112015 Lehnert . D14/215 21, 2015; 10pgs.
White, "Speaker Sound Bar", U.S. Appl. No. 29/445,659, filed Feb.
OTHER PUBLICATIONS 14, 2013; Office Action mailed Oct. 21, 2015; 11 pgs.
Office Action mailed Feb. 13, 2015 for U.S. Appl. No. 29/445,652. White, "Speaker Sounds Bar With Track Mounts", U.S. Appl. No.
Office Action mailed Feb. 24, 2015 for U.S. Appl. No. 29/445,656. 29/445,652, filed Feb. 14, 2013; Notice of Allowance mailed Jan. 15,
White, "Speaker Sounds Bar With LED Display", U.S. Appl. No. 2016; 8 pgs.
29/445,639, filedFeb.14, 2013; OfficeActionmailedOct. 20, 2015;
10 pgs. * cited by examiner
Case 5:18-cv-00807-JGB-KK Document 25-4 Filed 04/13/18 Page 4 of 6 Page ID #:188

U.S. Patent May 31,2016 Sheet 1 of 3 US D757,686 S

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