J P Gripper v. Odyssey Nail Systems Et. Al.

Case 2:13-cv-00701-MMM-AJW Document 1
Filed 01/31/13 Page 1 of 29 Page ID #:4
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JEFFER MANGELS BUTLER & MITCHELL LLP ROD S. BERMAN (Bar No. 105444) rberman mbm.com ,1 JESSICA C. BROMALL (Bar No. 235017) jbromall@jmbni.gogif 1900 Avenue of the Stars, Seventh Floor ril 4: 1 Los Angeles, California 90067-4308 U..S. CEtiTit' AL TR Telephone: (310) 203-8080 T 1CT COIJR T F' 1. 051, N. Gi LES CA Li t-. Facsimile: (310) 203-0567 Attorneys for Plaintiff J.P. GRIPPER LLC
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
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11 J.P. GRIPPER LLC, a California limited liability company, Plaintiff,

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3'ulmr00 I IN
701-mmtvo
COMPLAINT FOR PATENT INFRINGEMENT
v.
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ODYSSEY NAIL SYSTEMS LLC, a Texas limited liability company; and ODYSSEY NAIL SYSTEMS, INC., a 16 Florida corporation, Defendants.
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Plaintiff J.P. Gripper LLC, through its attorneys of record, alleges as follows: 1. 2. This is a complaint for patent infringement. Jurisdiction in this Court arises under the patent laws of the United
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22 States, 35 U.S.C. 271 and 289. This Court has jurisdiction over these claims 23 pursuant to 28 U.S.C. 1332(a) and diversity of citizenship. The matter in 24 controversy exceeds the sum or value of Seventy Five Thousand Dollars ($75,000), 25 exclusive of interest and costs.
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3.
Venue in this Court is proper under 28 U.S.C. 1391(b) and (c) and
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1400(b) because a substantial part of the claims arose in this judicial district,
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4.
Plaintiff J.P. Gripper LLC is a California limited liability company
whose principal place of business is in Van Nuys, California. 5. Defendant 04s-say-Nal ys ems, is a exas imi e ia.i y
company with a business and mailing address of 6498 Wilcrest Drive, Houston,
5 Texas 77072. On information and belief, Defendant conducts business throughout 6 7
the United States including in this judicial district on a regular and ongoing basis. 6. Defendant Odyssey Nail Systems, Inc. is a Florida corporation with a
8 business and mailing address of 6498 Wilcrest Drive, Houston, Texas 77072. On
9 information and belief, Defendant conducts business throughout the United States,
10 including in this judicial district, on a regular and ongoing basis. Defendant Odyssey 11 Nail Systems LLC and Odyssey Nail Systems, Inc. shall hereinafter be referred to as
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"Defendants". 7. By assignment, Plaintiff is the sole owner of U.S. Patent Nos. 6,966,716
and 7,311,457 (the "Patents") directed to a nail care product, including all rights to enforce the Patents and to recover for infringement. A copy of each of the Patents is attached hereto as Exhibits 1 and 2, and incorporated herein. 8. Defendants have been and are presently infringing the Patents within this
judicial district and elsewhere by: (i) importing, making, using, selling and/or offering to sell a nail care product which is described .by at least one claim of each of the Patents; and/or (ii) inducing others to infringe the Patents; and/or (iii) contributing to the infringement of the Patents. Defendants' infringing nail care product is known as "iGel" (the "Infringing Product"). 9. this Court. 10. The actions complained of infringe the Patents in violation of 35 U.S.C. On information and belief, Defendants will continue to infringe the
Patents and irreparably harm Plaintiff unless their infringing activities are enjoined by
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Plaintiff has no adequate remedy at law.

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Defendants have been placed on notice of the Patents and the
infringement, and despite demand to cease infringing the Patents, continue to do so. Defendants' infringement is willful and thus this is an exceptional case. 13. In view of the foregoing, Plaintiff is entitled to its damages and lost
profits, Defendants' profits, treble damages, injunctive relief, costs, and its reasonable attorneys' fees.
PRAYER FOR RELIEF

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WHEREFORE, Plaintiff prays that the Court enter a judgment in its favor and against Defendants including: 1. Plaintiff; 2. An order enjoining and restraining, preliminarily and then permanently, A judgment declaring that Defendants have infringed the Patents and
have willfully violated the applicable laws of the United States, all to the detriment of
Defendants, their agents, servants, employees, attorneys, and all persons in active concert, privity or participation with them and each of them individually, from doing, abiding, causing or abetting infringement of the Patents or inducing or contributing to infringement of the Patents. 3. An order directing that Defendants shut down any website utilized by
Defendants to market the Infringing Product; 4. For a judgment directing that any products in the possession, custody or
control of Defendant which infringe the Patents be delivered up and destroyed within 30 days of entry of judgment; 5. For a judgment directing Defendants to recall all Infringing Products and
any other materials sold, distributed, advertised or marketed which infringe the 6.
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For a judgment against Defendants awarding Plaintiff its damages
including without limitation a reasonable royalty and/or its lost profits, including without limitation:
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a.
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all damages sustained by Plaintiff as a result of Defendants'
unlawful infringement of the Patents, together with appropriate interest on such damages and that such damages be trebled, pursuant to 35 U.S.C. 284 and 289; and b. Patents; 7. For an order that this be deemed an exceptional case and that Plaintiff all profits derived by Defendant from its infringement of the
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recover from Defendants all of its attorneys' fees, costs, disbursements and other expenses Plaintiff has incurred due to Defendants' illegal actions, including but not limited to reasonable attorneys' fees; and 8. For a judgment awarding Plaintiff such other and further relief as the
Court may deem just and proper. JEFFER MANGELS BUTLER & MITCHELL LLP DATED : January 31, 2013 ROD S. BERMAN JESSICA C. BROMALL
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By:
Attorneys for Plaintiff J.P. GRIPPER LLC

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DEMAND FOR JURY TRIAL

Plaintiff hereby demands a jury trial as provided in Rule 38(a) of the Federal Rules of Civil Procedure.
DATED: January 31, 2013
JEFFER MANGELS BUTLER & MITCHELL LLP ROD S. BERMAN JESSICA C. BROMALL
By:
JES S IC BROMALL
Attorneys for Plaintiff J.P. GRIPPER LLC
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EXHIBIT 1
1 111111 11 1 1 1 1 1 1 1 1R1#01 1 11 1 1 1 1 1 11 1 101

02) United States Patent
Pink
(54) NAIL POLISH CONTAINER AND APPLICATOR CAP Inventor: Jeff Pink, 277 S. Spalding Dr., Beverly Hills, CA (US) 90212 Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(0 by 0 days.
(10) Patent No.: US 6,966,716 B2 (45) Date of Patent: Nov. 22, 2005
4,733,788 A 3/1988 D Amico 4,841,996 A * 6/1989 Gueret 4,921,366 A * 5/1990 Burrell 4,955,745 A 9/1990 Vauquelin 5,172,992 A * 12/1992 Ackermann . 5,277,324 A 1/1994 Cash 5,443,172 A 8/1995 Gabriele 5,511,445 A 4/1996 Hildebrandt 5,595,198 A * 1/1997 Kemmerer D386,410 S 11/1997 Mahlmann 5,716,150 A 211998 Gueret 5,826,741 A 10/1998 Durnler at al. 5,888,005 A 311999 Gue,ret 4/1999 Mink 5,896,620 A (Continued) FOREIGN PATENT DOCUMENTS FR 2 553 383 4/1985 132/320 401/129 401/129
(76)
(*)
401/129
(21) (22) (65)
Appl. No.: 10/949,371 Filed: Sep. 27, 2004 Prior Publication Data US 2005/0053412 Al Mar. 10, 2005 Related U.S. Application Data
(63) (60)
Continuation of application No. 09/960,948, filed on Sep. 25, 2001, now abandoned. Provisional application No. 60/236,150, filed on Sep. 29, 2000. Int. Cl. U.S. Cl. Field of Search A4611 11/00; A46B 5/02 401/129; 401/126; 401/6 401/6, 118, 121, 401/122, 126, 128, 129, 130; 16/430
(Continued) OTHER PUBLICATIONS European Search Report dated Dec. 11, 2002.
(51) (52) (58) (56)
Primary ExaminerDavid J. Walczak (74) Attorney; Agent, or FinnShlesinger, Arkwright

Garvey LLF (57) ABSTRACT
References Cited U.S. PATENT DOCUMENTS 1,062,961 A * 5/1913 Funcke D116,066 S 8/1939 Twomey D181,136 S 10/1957 Elmhurst 2,850,194 A 9/1958 Williams 3,147,511 A 9/1964 Pitton i 0215,083 S 9/1969 Carter 13258,498 S 3/1981 Hartmann 4,627,548 A 12/1986 Thompson 4,702,129 A 10/1987 Allen 4,712,936 A * 12/1987 Kessler 401/129
A nail polish container and applicator cap comprising a reservoir for containing nail polish to be applied, an opening into the reservoir, an applicator cap for sealing engagement with the opening, the applicator cap operatively associated with an applicator brush, the brush formed from bristles that are aligned in substantially the same direction as the longitudinal axis of the applicator cap, and an overshell of compressible material surrounding the applicator cap, the overshell providing a finger gripping surface on the applicator cap.
401/129
22 Claims, 3 Drawing Sheets
Exhibit .1 - Page 6
US 6,966,716 B2
Page 2 U.S. PATENT DOCUMENTS 5,926,901 A
5,957,142 A 5,964,009 A 5,975,602 A 6,027,151 A * 6,033,143 A 6,062,753 A 6,195,830 B1 * 6,298,516 B1 * 7/1999 Tseng et al. 9/1999 Karafilis 10/1999 Hoepft et al. 11/1999 Zan 2/2000 McNab o al. 3/2000 Gueret 5/2000 Hadtke et al. 3/2001 Brusehi 10/2001 Beals et al. 401/6 GB GB GB JP JP JP * cited
FOREIGN PATENT DOCUMENTS

1 591 975 2 195 883 2 328 683 09-188350 2000-201729 2001-150858 7/1981 4/1988 311999 7/1997 7/2000 6/2001
401/6 401/6 16/430 15/143.1
by examiner
Exhibit 1 - Page 7
U.S. Patent
Nov. 22, 2005
Sheet 1 of 3
US 6,966,716 B2
IO
Exhibit I - Page 8
U.S. Patent
Nov. 22, 2005
Sheet 2 of 3
US 6,966,716 B2
Exhibit I - Page 9
U.S. Patent
Nov. 22, 2005
Sheet 3 of 3
US 6,966,716 B2
Exhibit 1 - Page 10
US 6,966,716 B2
1
NAIL POLISH CONTAINER AND APPLICATOR CAP CROSS-REFERENCE TO RELATED APPLICATIONS This application is a continuation of H.S. Ser. No. 09/960, 948 filed on Sep. 25, 2001, now abandoned, and claiming the benefit of U.S. Provisional Application Ser. No. 60/236,150 filed on Sep. 29, 2000. FIELD OF THE INVENTION The present invention relates to cosmetics and more particularly, a combination nail polish container and applicator cap. BACKGROUND OF THE INVENTION
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OBJEL I'S AND SUMMARY OF THE INVENTION It is an object of the invention to provide a container for 5 nail polish having an applicator cap the exterior of which is provided with a nonrigid material adapted to eliminate rotational and translational slip during grasping of the cap, increase comfort during use, improve the quality of the brush stroke by improving dexterity and also reduce fatigue. 10 It is a further object of the present invention to provide a container for nail polish having a applicator cap exterior surface that is compressible so as to provide increased control of the brush stroke. A still further object of the present invention is to provide a method for applying nail polish to a surface. 15 The present invention is directed to a container and cooperating applicator cap comprising a bottle for containing a material to be dispensed, the bottle having an opening for access to material contained therein and a cap for sealing engagement with the opening of the bottle, the cap com20 prising a rigid base member, an applicator brush fixed to the base member and aligned along the longitudinal axis thereof, an overshell of compressible material disposed on the base member, the overshell providing a gripping surface on said cap. 25 Other objects and advantages will be apparent from the following description and claims.
It is known to combine the screw cap of a nail polish bottle with an applicator brush, The cap functions as a closure for the bottle and as a handle for the applicator brush. However, prior art nail polish bottle caps are not well suited for use as the handle of an applicator brush. In particular, the relatively small size of the cap compromises handling and control of the applicator brush. A small cap may only be grasped between the fingertips of the user and as a result, translational slip of the fingertips along the BRIEF DESCRIPTION OF THE DRAWINGS longitudinal axis of the cap occurs. This type of slip makes it difficult for the user to uniformly apply a detailed brush FIG. 1 is a perspective view of an applicator cap of the stroke onto the small surface area of a fingernail. In addition, 30 present invention in combination with a nail polish bottle; the applicator cap of prior art nail polish bottles will have a FIG. 2 is a cross-sectional view taken along lines 2-2 of non-angular transverse cross section i.e. it is round or FIG. 1 with portions of the applicator brush broken away; otherwise provided with a curved surface. This curvature FIG. 3 is a partially exploded view of the cap shown in contributes to rotational slip of the fingertips as the cap is twisted onto or off of the bottle. Threading the cap on the 35 FIG. 1; FIG. 4 is perspective view of another embodiment of the bottle is especially difficult when nail polish applied to the cap and bottle according to the present invention; users nails has not fully dried and the cap is being held FIG. 5 is a cross-sectional view taken along lines 5S of lightly between the users fingertips. FIG. 4 with portions of the applicator brush broken away; Anatomical differences among users may also contribute FIG. 6 is a perspective view of another embodiment of the to a poor grip on the applicator cap. Variation in finger size and shape means different users grasp the cap at different 40 applicator cap and bottle according to the present invention; and locations along the length of the cap in an effort to optimize FIG. 7 is a partially exploded view of the cap shown in their grip. A user having short and thin fingers is more likely FIG. 6. to grasp and squeeze the cap near the end secured to the brush whereas a user having larger fingers may find it DETAILED DESCRIPTION OF THE necessary to grip the cap at a more central location or further 45 PREFERRED EMBODIMENTS away from the end secured to the brush. As is apparent, grasping the cap at different locations along the length of the cap affects the grip on the cap and therefore control of the FIG. 1 illustrates one embodiment of the combination brush stroke. bottle and applicator cap according to the present invention, Fatigue is yet another problem. To achieve a smooth brush so the cap C shown in alignment for interconnection with the stroke and uniform application of a coating of polish, a user neck of a nail polish bottle B. tends to squeeze the cap. This application of pressure by the As best shown in FIGS. 2 and 3, cap C is provided with fingertips against the cap functions to stabilize the users hold a generally non angular transverse cross section and includes as the user effects a sweeping motion with their hand. a base member 2 preferably constructed from a material Repeatedly applying and releasing pressure against the cap 55 having sufficient rigidity so that the cap C may be firmly will eventually cause fatigue and discomfort. threaded onto the neck of a nail polish bottle B. In a The material from which the cap is constructed also preferred embodiment, the base member 2 is constructed contributes to fatigue and a poor grip. Nail polish bottle caps from ABS copolymers, polypropylene, nylon or another are constructed from rigid and hard plastics. The exterior rigid, inflexible material. ABS, polypropylene and nylon are surface of a cap constructed from hard and inflexible matepreferred materials not only because they are relatively rigid rials is uncomfortable to hold over any extended period of 60 and inflexible, but also because they have been found to time and as noted earlier, when the cap is repeatedly form a good bond with the soft overshell material discussed squeezed between the fingertips during use, the hard surbelow. Suitable polypropylene material may be obtained faces accelerate the feeling of discomfort and fatigue. from BASF of Germany. The base member 2 includes an Although the exterior surface of some prior art caps may be exterior side wall 16, a flange member 18 is provided at a provided with ridges or similar raised structures in an effort 65 lower end of the base member and a top surface 10 is to improve the grip against the hard and smooth surface of provided at an opposite, upper end of the base member. the cap, such efforts are known to diminish comfort. Raised indicia 6 extends from top surface 10 and may take
Exhibit 1 - Page 11
US 6,966,716 B2 3 4
miwerk Kraiburg of Germany and is sold and marketed the form of a decorative marking such as a company logo or under the trademark THERMOLAST K. A material other other printing. As is apparent, the raised indicia 6 is optional. than a thermoplastic elastomer is within the scope of the An interior side wall 20 extends upwardly within base present invention so' long as it provides the softness and member 2 and terminates at an interior top surface 24. A portion of interior side wall 20 is provided with female 5 damping characteristics as set forth above and achieves a high quality bond with the material comprising the underthreads 22 adapted to interconnect with the male threads of bottle B. It is within the scope of the present invention to lying base member 2. vary the length of interior side wall 20. For example, the Overshell member 34 is preferably adhered to the rigid interior side wall 20 may be lengthened so that interior top base member 2 using injection molding and in particular, surface 24 is disposed adjacent top surface 10 of base injection molding in accordance with a co-extrusion process. member 2. Interior top surface 24 is shown in the drawings This process employs a mold adapted to receive and cure to include a transversely extending post member 26 configtwo separate materials. For example, a polypropylene mateured to be fixedly received within an end 28 of shaft 30. The rial is injected into a rotating mold (not shown) to form the opposite end of shaft 30 is provided with a brush 32. Various rigid base member 2, the mold is then rotated to a second other embodiments for securing the shaft of the applicator position and a thermoplastic elastomer is injected to form
brush to the base member 2 are within the scope of the is the overshell member. Other processes are within the scope present invention. For example, rather than rendering the of the present invention provided good adhesion is obtained shaft end 28 integral with the shaft 30 as shown in the between the overshell and the base member.
drawings, a separate connector may be provided that is Returning to the drawings and in particular FIG. 2, adapted to be press fitted against the interior side wall 20 of overshell 34 is shown to not entirely cover the exterior of the base member 2 and connected to an end of shaft 30. 20 rigid base member 2. That is, raised indicia 6 on base The overshell member 34 provides a highly tactile and member 2 extends through openings 36 of overshell 34. As soft material disposed between the user and the rigid poi -noted above, this indicia may take the form of a logo or other dons of the cap and applicator brush. This non-rigid exterior writing and is of course optional. The exterior surface. of surface enhances the users grip with the cap to reduce or flange member 18 is likewise shown to not be covered by eliminate rotational and translational slippage, provides a 25 overshell 34 and as shown in the drawings, forms a condamping effect which improves application of the polish tinuous or coplanar surface with the exterior surface of the from the brush to the nail surface and can be combined with overshell. Flange member 18 is shown to extend laterally a generally concave surface contour to reduce fatigue during from the bottom 38 of cap C to provide an end that is rigid; use of the brush. The improvement in overall manual however, it is within the scope of the present invention to dexterity when using the cap of the present invention will 30 remove or otherwise modify the flange in view of aesthetic result in a higher quality of brush stroke and application of or functional requirements. polish that is substantially improved over that provided by In another embodiment of the present invention as best the rigid prior art applicator cap devices. shown in FIGS. 1, 2 and 3, the exterior sidewall 39 of The non-rigid overshell member is preferably formed overshell 34 has a concave shape so that the overall thickfrom a thermoplastic elastomer material and in at least oneness of the overshell is variable along the longitudinal axis embodiment has a shore value of about twenty-nine to about 3 5 of cap C. Arrows 40 and 42 indicate the regions of the ninety-six and a thickness of about 1 mm to about 3 mm. In overshell having increased thickness whereas arrow 44 a preferred embodiment, the overshell will have a shore indicates the region of the overshell having a lesser thickvalue of about forty-five and a thickness between about 1.5 ness. At least one advantage provided by the concave mm to about 3.0 mm. As is apparent, a variety of thicknesses configuration is an ergonomic fit against the fingertips of a for the overshell material can be provided. For example, the 40 user. If the cap is grasped centrally (at about arrow 44) overshell may be applied in a uniform thickness or varied in between a pair of opposed fingers (or ends thereof) of the thickness along the length of the cap. The soft overshell may users hand, and a stoke of the brush is effected against the also be constructed from silicon rubber or other materials fingernail surface, the thicker regions of the overshell (at adapted to provide the shore values listed and/or function in about arrows 40 and 42) are caused to be compressed and/or the manner as required in this disclosure. Applicant has as flexed thereby damping the brush stroke and promoting discovered that a thermoplastic elastomer material will form smoother more uniform application of the polish. The coma good bond with the above noted materials used to form the pression and/or flexing of the overshell may also occur when rigid base member. the user grasps the cap at or near the end portions identified 'The thermoplastic elastomer as set forth above provides by arrows 40 and 42 as in the case with a user having 'a larger an applicator cap having an exterior surface of sufficient feel so or smaller than average finger size. The overshell also and resiliency so that not only is surface friction increased functions to diminish translational and rotational slip of the and the users grip on the cap improved; but also, unsteady cap as the concave sidewall of the cap is grasped between or unwanted movement of the brush as it contacts the surface the ends of the users fingers. Rotational slip is a significant will be caused to be damped and minimized. The damping problem since nail polish caps almost uniformly are prois effected by the slight deflection of the thermoplastic vided with a non-angular transverse cross section. Although elastomer material forming the overshell. That is, as the cap 55 the base member 2 is shown in the drawings to have is held and the brush is stroked against the surface of a nail, substantially cylindrical shape, it is within the scope of the the overshell material is adapted to slightly compress against present invention to provide a concave or other shape for the the users fingers to moderate movement of the brush on the surface of the exterior side wall 16. nail surface and thereby provide a more steady and uniform Turning to FIGS. 4 and 5, another embodiment of the brush stroke. The overshell function to reduce translational 60 present invention is shown. In the embodiment of FIGS. 4 slip of the cap between the users fingers as the brush is used and 5, base member 2 is preferably constructed from a to apply polish to a surface and rotational slip as in the case material having sufficient rigidity so that the cap C may be where the cap is being twisted onto or of of a bottle. firmly threaded onto the neck of the cooperating nail polish In a preferred embodiment, the thermoplastic elastomer bottle (not shown). As in the earlier embodiments, the base obtained (Advanced Elastomer Systems) is sold and mar- 65 member 2 is preferably constructed from ABS plastic, keted under the trademark SANTOPRENE. Another prepolypropylene, nylon or another rigid, inflexible material ferred thermoplastic elastomer may be obtained from Gumthat is compatible with the overshell. The base member 2
Exhibit 1 - Page 12
US 6,966,716 B2 5
includes an exterior side wall 16, a flange member 18 is provided at a lower end of the base member and a top surface 10 is provided at an opposite, upper end of the base member. Optional raised indicia 6 is shown to extend from top surface 10 and may take the form of a decorative marking such as a company logo or other printing. An interior side wall 20 extends upwardly within base member 6 and terminates at an interior top surface 24. A portion of interior side wall 20 is provided with female threads 22 adapted to interconnect with the male threads of a bottle (not shown). As in the earlier embodiments, it is within the scope of the present invention to vary the length of interior side wall 20. Also note in this embodiment, the cap does not have a concave shape but is provided with a uniform diameter throughout. Interior top surface 24 is shown in the figure to include a transversely extending post member 26 configured to be fixedly received within an end 28 of shaft 30. The opposite end of shaft 30 is provided with a brush 32. Other embodiments for securing the shaft of the applicator brush to the base member are within the scope of the present invention. In the embodiment of FIGS. 4 and 5, a non-rigid overshell member 35 is provided on the exterior of rigid base member 2. As in the other embodiments, the overshell member 35 provides a highly tactile and soft material disposed between the fingers of the user and the relatively rigid remaining portions of the cap and applicator brush. The non-rigid exterior surface of the overshell 35 enhances the users grip on the cap by reducing translational and rotational slip as well as improves application of polish from the brush to the nail surface and also functions to reduce fatigue while holding the cap. The exterior of the overshell 35 is provided with indentations or dimples 46 to further enhance the users grip on cap C. It is within the scope of the present invention to provide different surface modification, including but not limited to raised bumps orthe_like.--While it is understood provision of indentations 46 will provide a variable thickness for overshell 35, it is within the scope of this embodiment to eliminate the indentations (as in the FIG. 2) and provide an overshell 35 having substantially uniform thickness. In such an embodiment, it is understood that the overshell 35 may be sufficiently thick so as to provide the compression and/or flexing as set forth above together with the improved grip surface. In the alternative, the overshell thickness can be lessened and rendered not compressible or flexible in which case the overshell will function to enhance the grip on the cap by providing the anti-slip characteristic. FIGS. 6 and 7 illustrate another embodiment of the invention whereby at least a portion of the exterior side wall 16 is shown to project through the exterior side wall 39 of overshell 34. That is, projection or flange 19 extends from the exterior side wall 16 such that a portion 21 remains uncovered by overshell 34. Various other configurations showing discontinuous side wall surfaces of alternating rigid and non-rigid material are within the scope of the present embodiment. In addition to the above, the flange 19 which does not fully extend around the circumference of base member 2, provides an abutment 23 against which overshell portion 34 will contact. The contact of the overshell against the flange reduces the likelihood of. separation of the overshell from the base member due to torque generated during twisting of the cap onto and off of a bottle. It is also within the teaching of the present invention to provide a separable base member 2 and overshell 34 which may be separately formed and then glued together or otherwise joined together to provide a unitary cap C. Further, it is within the scope of the present invention to provide the indicia 6 or some other design on the side walls 16 thereby providing a discontinuous side wall surface having discrete areas of soft and compressible material and separate discrete areas of rigid material continuous with the underlying base
6
cap. This would of course provide a cap C having an enhanced gripping surface limited to certain exterior portions of the cap. It is also within the scope of the present invention to 5 provide other materials for use as the overshell. Although the cap may be injection molded with separate materials as set forth above, it may also be injection molded from a single material that increases in density or softness from the interior cap to the exterior surface to thereby provide a rigid underside for support and a good connection with the bottle JO and the soft and resilient exterior having the gripping and damping characteristics of the present invention. While this invention has been described as having a preferred design, it is understood that it is capable of further modifications, and uses and/or adaptations of the invention 1 5 and following in general the principle of the invention and including such departures from the present disclosure as come within the known or customary practice in the art to which the invention pertains, and as may be applied to the central features hereinbefore set forth, and fall within the 20 scope of the invention or limits of the claims appended hereto. I claim: 1. A nail polish container and applicator cap comprising; a) a reservoir for containing nail polish, said reservoir having an opening; 25 b) an applicator cap adapted for sealing engagement with said reservoir Opening, said applicator cap having a side wall and a top surface; (7) an applicator brush, said applicator brush having brush bristles aligned in substantially the same direction as 30 the longitudinal axis of said applicator cap, and d) an overshell of compressible material substantially overlying said applicator cap side wall, said overshell adapted to provide a finger gripping surface on said applicator cap and having a thickness between about 1 35 mm to about 3 mm. 2. A nail polish container and applicator cap as in claim 1 and wherein; a) said applicator cap having a non-angular transverse cross-section. 40 3. A nail polish container and applicator cap as in claim 1 and wherein: a) said overshell having a durometer ratio of about twenty-nine to about ninety-six shore. 4. A nail polish container and applicator cap as in claim 45 1 and wherein: a) said overshell is a material selected from the group consisting of thermoplastic elastomers and silicon rubber. 5. A nail polish container and applicator cap as in claim 50 1 and wherein: a) said applicator cap is formed from a material selected from the group consisting of polypropylene, ABS copolymers and nylon. 6. A nail polish container and applicator cap as in claim 55 1 and wherein: a) said reservoir opening provided with male threads; and b) said applicator cap provided with female threads for threaded engagement with said male threads. 7. A nail polish container and applicator cap as in claim 60 I and wherein: a) said applicator cap having a flange provided at one end thereof. 8. A nail polish container and applicator cap comprising: 65 a) a reservoir for containing nail polish to be dispensed, said reservoir having an opening for access to the interior thereof,
Exhibit I - Page 13
US 6,966,116 B2 7
b) an applicator cap adapted for sealing engagement with said reservoir opening, said applicator cap having a side wall and a top surface, c) a brush for applying nail polish to a surface, said brush formed from bristles, d) a shaft, said shaft connecting said cap to said brush so that said brush bristles are aligned in substantially the same direction as the longitudinal axis of each of said cap and said shaft; and e) an overshell of compressible material, said overshell surrounding said cap to provide a finger gripping surface thereon, at least a portion of said applicator cap top surface is not covered by said overshell. 9. A nail polish container and applicator cap as in claim 8 and wherein; a) said applicator cap having a non-angular transverse cross-section. 10. A nail polish container and applicator cap as in claim 8 and wherein: a) said overshell constructed from a material having a clinometer ratio of about twenty-nine to about ninetysix shore. 11. A nail polish container and applicator cap as in claim 8 and wherein: a) said overshell is a material selected from the group consisting of thermoplastic elastomers and silicon rubber. 12. A nail polish container and applicator cap as in claim 8 and wherein: a) said applicator cap is constructed from a material selected from the group consisting of polypropylene, ABS copolymers and nylon. 13. A nail polish container and applicator cap as in claim 8 and wherein said overshell has a thickness between about 1 mm to about 3 mm. 14. A nail polish container and applicator cap comprising: a) a reservoir for containing nail polish, said reservoir having an opening; b) an applicator cap adapted for sealing engagement with said reservoir opening, said applicator cap having a side wall and a top surface; c) an applicator brush, said applicator brush having brush bristles aligned in substantially the same direction as the longitudinal axis of said applicator cap, and d) an overshell of compressible material substantially overlying said applicator cap side wall, said overshell adapted to provide a finger gripping surface on said applicator cap and having an exterior surface provided with a concave configuration. 15. A nail polish container and applicator cap as in claim 1.4 and wherein said overshell has a thickness between about 1 mm to about 3 mm. 16. A nail polish container and applicator cap comprising: a) a reservoir for containing nail polish, said reservoir having an opening; b) an applicator cap adapted for sealing engagement with said reservoir opening, said applicator cap having a side wall and a top surface; c) an applicator brush, said applicator brush having brush bristles aligned in substantially the same direction as the longitudinal axis of said applicator cap, and d) an overshell of compressible material substantially overlying said applicator cap side wall, said overshell
S
adapted to provide a finger gripping surface on said applicator cap and at least a portion of said applicator cap top surface extends through said overshell. 17. A nail polish container and applicator cap as in claim 16 and wherein said overshell has a thickness between about 1 mm to about 3 mm. 18. A nail polish container and applicator cap comprising: a) a reservoir for containing nail polish, said reservoir having an opening; b) an applicator cap adapted for sealing engagement with said reservoir opening, said applicator cap having a side wall and a top surface; c) an applicator brush, said applicator brush having brush bristles aligned in substantially the same direction as the longitudinal axis of said applicator cap, and d) an overshell of compressible material substantially overlying said applicator cap side wall, said overshell adapted to provide a finger gripping surface on said applicator cap and having dimples extending within an exterior surface thereof. 19. A nail polish container and applicator cap as in claim 18 and wherein said overshell has a thickness between about 1 mm to about 3 mm. 20. A nail polish container and applicator cap comprising: a) a reservoir for containing nail polish to be dispensed, said reservoir having an opening for access to the interior thereof, b) an applicator cap adapted for sealing engagement with said reservoir opening, c) a brush for applying nail polish to a surface, said brush formed from bristles, d) a shaft, said shaft connecting said cap to said brush so that said brush bristles are aligned in substantially the same direction as the longitudinal axis of each of said cap and said shaft; and e) an overshell of compressible material, said overshell surrounding said cap to provide a linger gripping surface thereon, said overshell has a thickness between about 1 mm to about 3 mm. 21. A nail polish container and applicator cap comprising: a) a reservoir for containing nail polish to be dispensed, said reservoir having an opening for access to the interior thereof, b) an applicator cap adapted for sealing engagement with said reservoir opening, c) a brush for applying nail polish to a surface, said brush formed from bristles, d) a shaft, said shaft connecting said cap to said brush so that said brush bristles are aligned in substantially the same direction as the longitudinal axis of each of said cap and said shaft; and e) an overshell of compressible material, said overshell surrounding said cap to provide a finger gripping surface thereon and having an exterior surface provided with a concave configuration. 22. A nail polish container and applicator cap as in claim 21 and wherein said overshell has a thickness between about 1 mm to about 3 mm.
10
15
20
25
30
35
40
45
50
55
60
Exhibit 1 Page 14
EXHIBIT 2
11111111111111111111111111111tglO111111111111111111111111
(12) United States Patent
Pink
(54) NAIL POLISH CONTAINER AND APPLICATOR CAP
(lo) Patent No.:

(45)
Date of Patent:
US 7,311,457 B2 *Dec. 25, 2007
(75) Inventor: Jeff Pink, Beverly Hills, CA (US) (73) Assignee: J.P. Gripper LLC, Beverly Hills, CA (US)
(
s ) Notice:
Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 0 days. This patent is subject to a terminal disclaimer.
E/181,136 S 1011957 Elmhurst 2,850,194 A 9/1958 Williams 3,147,511 A 9/1964 Pittoni D215,083 S 9/1969 Cutter D258,498 S 3/1981 Hartmann 4,627,548 A 1211986 Thompson 4,702,129 A 10/1987 Allen 4,712,936 A 12/1987 Kessler 4,733,788 A 3/1988 D Amico 4,841,996 A * 6/1989 Gueret 4,921,366 A 5/1990 Hurrell 4,955,745 A 9/1990 Vauquelin 5,172,992 A 12/1992 Ackerman
132/320
(21) Appl. No.: 11/228,232 (22) Filed: (65) Sep. 19, 2005
DE
(Continued) FOREIGN PATENT DOCUMENTS 196 32

313 Al 211997
Prior Publication Data US 2006/0013638 Al Jan. 19, 2006
Related U.S. Application Data (63) Continuation of application No. 101949,371, filed on Sep. 27, 2004, now Pat. No. 6,966,716, which is a continuation of application No. 09/960,948, filed on Sep. 25, 2001, now abandoned. (60) Provisional application No. 60/236,150, filed on Sep. 29, 2000. (51) Int. Cl. (2006.01) (2006.01) (52) U.S. CI. 401/129; 401/126; 401/6; 16/430 (5 8) Field of Classification Search 401/6, 401/118, 121, 122, 126, 128, 130; 16/430 See application file for complete search history.
446B 111(1(1 A46B 5/02
.
(Continued)
Primary ExaminerDavid .1. Walczak (74) Attorney, Agent, or FirmShlesinger, Arkwright &
Garvey LLP (57 ABSTRACT
(56) 1,062,961
References Cited U.S. PATENT DOCUMENTS A 5/1913 Funcke

8/1939 Twomey
A nail polish container and applicator cap comprising a reservoir for containing nail polish to be applied, an opening into the reservoir, an applicator cap for sealing engagement with the opening, the applicator cap operatively associated with an applicator brush, the brush formed from bristles that are aligned in substantially the same direction as the longitudinal axis of the applicator cap, and an overshell of compressible material surrounding the applicator cap, the overshell providing a finger gripping surface on the applicator cap.
19 Claims, 3 Drawing Sheets
D116,066 S
Exhibit 2 - Page 15
US 7,311,457 B2
Page 2
U.S. PATENT DOCUMENTS

5,277,324 A 5,443,172 A 5,511,445 A 5,595,198 A D386,410 S 5,716,150 A 5,826,741 A 5,888.005 A 5,896,620 A 5.926,901 A 5,957,142 A 5,964,009 A 5,975,602 A 6,027,151 A 6,033,143 A 1/1994 Cash 8/1995 Gabriele 4/1996 Hildebrandt 1/1997 Kemmerer 11/1997 Mahlmann 2/1998 Gueret 10/1998 Daimler et al. 3/1999 Gueret 4/1999 Mink 7/1999 Tseng et al. 9/1999 Karafilis 10/1999 Hoepfl et al. 11/1999 Zan 2/2000 McNab et al. 3/2000 Gueret
6,062,753 A 6,195,830 BI 6,298,516 B1
5/2000 Hadtke et al. 3/2001 Bmschi 10/2001 Beals et al.
15/143.1
FOREIGN PATENT DOCUMENTS

FR GB GB GB JP JP JP JP WO 2 553 383 1 591 975 2 195 883 2 328 683 10297161 09-188350 2000-201729 2001.150858 WO 99/44465 4/1985 7/1981 4/1988 3/1999 11/1988 7/1997 1/2000 6/2001 9/1999
* cited by .examiner
Exhibit 2 - Page 16
U.S. Patent
Dec. 25, 2007
Sheet 1 of 3
US 7,311,457 B2
36
34
I0
18
Exhibit 2 - Page 17
U.S. Patent
Dec. 25, 2007
Sheet 2 of 3
US 7,311,457 B2
Exhibit 2 - Page 18
U.S. Patent
Dec. 25, 2007
Sheet 3 of 3
US 7,311,457 B2
Exhibit 2 - Page 19
US 7,311,457 B2 2
NAIL POLISH CONTAINER AND APPLICATOR CAP CROSS-REFERENCE TO RELATED APPLICATIONS
5
faces accelerate the feeling of discomfort and fatigue. Although the exterior surface of some prior art caps may be provided with ridges or similar raised structures in an effort to improve the grip against the hard and smooth surface of the cap, such efforts are known to diminish comfort.
This application is a continuation of U.S. Ser. No. 10/949, OBJECTS AND SUMMAR? OF THE 371 filed on Sep. 27, 2004, now U.S. Pat. No. 6,966,716, INVENTION which is a continuation of U.S. Ser. No. 091960,948 filed on Sep. 25, 2001, now abandoned and claiming the benefit of to It is an object of the invention to provide a container for U.S. Provisional Application Ser. No. 60/236,] 50 filed on nail polish having an applicator cap the exterior of which is Sep. 29, 2000. provided with a nonrigid material adapted to eliminate rotational and translational slip during grasping of the cap, FIELD OF THE INVENTION increase comfort during use, improve the quality of the 15 brush stroke by improving dexterity and also reduce fatigue. The present invention relates to cosmetics and more It is a further object of the present invention to provide a particularly, a combination nail polish container and applicontainer for nail polish having a applicator cap exterior cator cap. surface that is compressible so as to provide increased control of the brush stroke. BACKGROUND OF THE INVENTION A still further object of the present invention is to provide 20 a method for applying nail polish to a surface. It is known to combine the screw cap of a nail polish The present invention is directed to a container and bottle with an applicator brush. The cap functions as a cooperating applicator cap comprising a bottle for containclosure for the bottle and as a handle for the applicator brush. ing a material to be dispensed, the bottle having an opening However, prior art nail polish bottle caps are not well suited 25 for access to material contained therein and a cap for sealing for use as the handle of an applicator brush. engagement with the opening of the bottle, the cap comIn particular, the relatively small size of the cap comproprising a rigid base member, an applicator brush fixed to the mises handling and control of the applicator brush. A small base member and aligned along the longitudinal axis cap may only be grasped between the fingertips of the user thereof, an overshell of compressible material disposed on and as a result, translational slip of the fingertips along the 30 the base member, the overshell providing a gripping surface longitudinal axis of the cap occurs. This type of slip makes on said cap. it difficult for the user to uniformly apply a detailed brush Other objects and advantages will be apparent from the stroke onto the small surface area of a fingernail. In addition, following description and claims, the applicator cap of prior art nail polish bottles will have a non-angular transverse cross section i.e. it is round or 35 BRIEF DESCRIPTION OF THE DRAWINGS otherwise provided with a curved surface. This curvature contributes to rotational slip of the fingertips as the cap is FIG. 1 is a perspective view of an applicator cap of the twisted onto or off of the bottle. Threading the cap on the present invention in combination with a nail polish bottle; bottle is especially difficult when nail polish applied to the FIG. 2 is a cross-sectional view taken along lines 2-2 of users nails has not fully dried and the cap is being held 40 FIG. 1 with portions of the applicator brush broken away; lightly between the users fingertips. FIG. 3 is a partially exploded view of the cap shown in Anatomical differences among users may also contribute FIG. 1; to a poor grip on the applicator cap. Variation in finger size FIG. 4 is perspective view of another embodiment of the and shape means different users grasp the cap at different cap and bottle according to the present invention; locations along the Length of the cap in an effort to optimize 45 FIG. 5 is a cross-sectional view taken along lines 5-5 of their grip. A user having short and thin fingers is more likely FIG. 4 with portions of the applicator brush broken away; to grasp and squeeze the cap near the end secured to the FIG. 6 is a perspective view of another embodiment of the brush whereas a user having larger fingers may find it applicator cap and bottle according to the present invention; necessary to grip the cap at a more central location or further and away from the end secured to the brush. As is apparent, 50 FIG. 7 is a partially exploded view of the cap shown in grasping the cap at different locations along the length of the FIG. 6. cap affects the grip on the cap and therefore control of the brush stroke. DETAILED DESCRIPTION OF THE Fatigue is yet another problem. To achieve a smooth brush PREFERRED EMBODIMENTS stroke and uniform application of a coating of polish, a user 55 tends to squeeze the cap. This application of pressure by the FIG. 1 illustrates one embodiment of the combination fingertips against the cap functions to stabilize the users hold bottle and applicator cap according to the present invention, as the user effects a sweeping motion with their hand. the cap C shown in alignment for interconnection with the Repeatedly applying and releasing pressure against the cap neck of a nail polish bottle B. will eventually cause fatigue and discomfort. 60 As best shown in FIGS. 2 and 3, cap C is provided with The material From which the cap is constructed also a generally non angular transverse cross section and includes contributes to fatigue and a poor grip. NMI polish bottle caps a base member 2 preferably constructed from a material are constructed from rigid and hard plastics. The exterior having sufficient rigidity so that the cap C may be firmly surface of a cap constructed from hard and inflexible matethreaded onto the neck of a nail polish bottle B. In a rials is uncomfortable to hold over any extended period of 65 preferred embodiment, the base member 2 is constructed time and as noted earlier, when the cap is repeatedly from ABS copolymers, polypropylene, nylon or another squeezed between the fingertips during use, the hard surrigid, inflexible material. ABS, polypropylene and nylon are
Exhibit 2 - Page 20
US 7,311,457 B2 3 4
preferred materials not only because they are relatively rigid is held and the brush is stroked against the surface of a nail, and inflexible, but also because they have been found to the overshell material is adapted to slightly compress against form a good bond with the soft overshell material discussed the users fingers to moderate movement of the brush on the below. Suitable polypropylene material may be obtained nail surface and thereby provide a more steady and uniform from BASF of Germany. The base member 2 includes an 5 brush stroke. The overshell function to reduce translational exterior side wall 16, a flange member 18 is provided at a slip of the cap between the users fingers as the brush is used lower end of the base member and a top surface 10 is to apply polish to a surface and rotational slip as in the case provided at an opposite, upper end of the base member. where the cap is being twisted onto or off of a bottle. Raised indicia 6 extends from top surface 10 and may take In a preferred embodiment, the thermoplastic elastomer the form of a decorative marking such as a company logo or to obtained (Advanced Elastomer Systems) is sold and marother printing. As is apparent, the raised indicia 6 is optional. keted under the trademark SANTOPRENE. Another preAn interior side wall 20 extends upwardly within base ferred thermoplastic elastomer may be obtained from Gummember 2 and terminates at an interior top surface 24. A miwerk Kraiburg of Germany and is sold and marketed portion of interior side wall 20 is provided with female under the trademark TI-IERMOLAST K. A material other threads 22 adapted to interconnect with the male threads of Is than a thermoplastic `elastomer is within the scope of the bottle B. It is within the scope of the present invention to present invention so long as it provides the softness and vary the length of interior side wall 20. For example, the damping characteristics as set forth above and achieves a interior side wall 20 may be lengthened so that interior top high quality bond with the material comprising the undersurface 24 is disposed adjacent top surface 10- of base lying base member 2. member 2. Interior top surface 24 is shown in the drawings 20 Overshell member 34 is preferably adhered to the rigid to include a transversely extending post member 26 configbase member 2 using injection molding and in particular, ured to be fixedly received within an end 28 of shaft 30. The injection molding in accordance with a co-extrusion process. opposite end of shaft 30 is provided with a brush 32. Various This process employs a mold adapted to receive and cure other embodiments for securing the shaft of the applicator two separate materials. For example, a polypropylene matebrush to the base member 2 are within the scope of the zs rial is injected into a rotating mold (not shown) to form the present invention. For example, rather than rendering the rigid base member 2, the mold is then rotated to a second shall end 28 integral with the shaft 30 as shown in the position and a thermoplastic elastomer is injected to form drawings, a separate connector may be provided that is the overshell member. Other proces'ses are within the scope adapted to be press fitted against the interior side wall 20 of of the present invention provided good adhesion is obtained base member 2 and connected to an end of shaft 30. 30 between the overshell and the base member. The overshell member 34 provides a highly tactile and Returning to the drawings and in particular FIG. 2, soft material disposed between the user and the rigid porovershell 34 is shown to not entirely cover the exterior of the tions of the cap and applicator brush. This non-rigid exterior rigid base member 2. That is, raised indicia 6 on base surface enhances the users grip with the cap to reduce or member 2 extends through openings 36 of overshell 34. As eliminate rotational and translational slippage, provides a 35 noted above, this indicia may take the form of a logo or other damping effect which improves application of the polish writing and is of course optional. The exterior surface of from the brush to the nail surface and can be combined with flange member 18 is likewise shown to not be covered by a generally concave surface contour to reduce fatigue during overshell 34 and as shown in the drawings, forms a conuse of the brush. The improvement in overall manual tinuous or coplanar surface with the exterior surface of the dexterity when using the cap of the present invention will ao overshell. Flange member 18 is shown to extend laterally result in a higher quality of brush stroke and application of from the bottom 38 of cap C to provide an end that is rigid; polish that is substantially improved over that provided by however, it is within the scope of the present invention to the rigid prior art applicator cap devices. remove or otherwise modify the flange in view of aesthetic The non-rigid overshell member is preferably formed or functional requirements. from a thermoplastic elastorner material and in at least one 45 In another embodiment of the present invention as best embodiment has a shore value of about twenty-nine to about shown in FIGS. 1, 2 and 3, the exterior sidewall 39 of ninety-six and a thickness of about 1 mm to about 3 mm. In overshell 34 has a concave shape so that the overall thicka preferred embodiment, the overshell will have a shore ness of the overshell is variable along the longitudinal axis value of about forty-five and a thickness between about .1.5 of cap C. Arrows 40 and 42 indicate the regions of the mm to about 3.0 mm. As is apparent, a variety of thicknesses 50 overshell having increased thickness whereas arrow 44 for the overshell material can be provided. For example, the indicates the region of the overshell having a lesser thickovershell may be applied in a uniform thickness or varied in DM. At least one advantage provided by the concave thickness along the length of the cap. The soft overshell may configuration is an ergonomic fit against the fingertips of a also be constructed from silicon rubber or other materials user. If the cap is grasped centrally (at about arrow 44) adapted to provide the shore values listed and/or function in ss between a pair of opposed fingers (or ends thereof) of the the manner as required in this disclosure. Applicant has users hand, and a stoke of the brush is effected against the discovered that a thermoplastic elastomer material will form fingernail surface, the thicker regions of the overshell (at a good bond with the above noted materials used to form the about arrows 40 and 42) are caused to be compressed and/or rigid base member. flexed thereby damping the brush stroke, and promoting The thermoplastic elastomer as set forth above provides 60 smoother more uniform application of the polish. The coman applicator cap having an exterior surface of sufficient feel pression and/or flexing of the overshell may also occur when and resiliency so that not only is surface friction increased the user grasps the cap at or near the end portiOns identified and the users grip on the cap improved; but also, unsteady by arrows 40 and 42 as in the case with a user having a larger or unwanted movement of the brush as it contacts the surface or smaller than average finger size, The overshell also will be caused to be damped and minimized. The damping 65 functions to diminish translational and rotational slip of the is effected- by the slight deflection of the thermoplastic cap as the concave sidewall of the cap is grasped between elastomer material forming the overshell. That is, as the cap the ends of the users fingers. Rotational slip is a significant
Exhibit 2 - Page 21
US 7,311,457 B2
5 6
problem since nail polish caps almost uniformly are proshowing discontinuous side wall surfaces of alternating rigid vided with a non-angular transverse cross section. Although and non-rigid material are within the scope of the present the base member 2 is shown in the drawings to have embodiment. In addition to the above, the flange 19 which substantially cylindrical shape, it is within the scopeof the does not fully extend around the circumference of base present invention to provide a concave or other shape for the 5 member 2, provides an abutment 23 against which overshell surface of the exterior side wall 16. portion 34 will contact. The contact of the overshell against Turning to FIGS. 4 and 5, another embodiment of the the flange reduces the likelihood of separation of the overpresent invention is shown. In the embodiment of FIGS. 4 shell from the base member due to torque generated during and 5, base member 2 is preferably constructed from a twisting of the cap onto and off of a bottle. material having sufficient rigidity so that the cap C may be to It is also within the teaching of the present invention to firmly threaded onto the neck of the cooperating nail polish provide a separable base member 2 and overshell 34 which bottle (not shown). As in the earlier embodiments, the base may be separately formed and then glued together or othmember 2 is preferably constructed from ABS plastic, erwise joined together to provide a unitary cap C. Further, it polypropylene, nylon or another rigid, inflexible material is within the scope of the present invention to provide the that is compatible with the overshell. The base member 2 15 indicia 6 or some other design on the side walls 16 thereby includes an exterior side wall 16, a flange member 18 is providing a discontinuous side wall surface having discrete provided at a lower end of the base member and a top surface areas of soft and compressible material and separate discrete 10 is provided at an opposite, upper end of the base member. areas of rigid material continuous with the underlying base Optional raised indicia 6 is shown to extend from top surface cap. This would of course provide a cap C having an 10 and may take the form of a decorative marking such as 20 enhanced gripping surface limited to certain exterior pora company logo or other printing, An interior side wall 20 tions of the cap. extends upwardly within base member 6 and terminates at It is also within the scope of the present invention to an interior top surface 24. A portion of interior side wall 20 provide other materials for use as the overshell. Although the is provided with female threads 22 adapted to interconnect cap may be injection molded with separate materials as set with the male threads of a bottle (not shown). As in the 25 forth above, it may also be injection molded from a single earlier embodiments, it is within the scope of the present material that increases in density or softness from the invention to vary the length of interior side wall 20. Also interior cap to the exterior surface to thereby provide a rigid note in this embodiment, the cap does not have a concave underside for support and a good connection with the bottle shape but is provided with a uniform diameter throughout. and the soft and resilient exterior having the gripping and Interior top surface 24 is shown in the figure to include a 30 damping characteristics of the present invention. transversely extending post member 26 configured to be While this invention has been described as having a fixedly received within an end 28 of shaft 30. The opposite preferred design, it is understood that it is capable of further end of shaft 30 is provided with a brush 32. Other embodimodifications, and uses and/or adaptations of the invention ments for securing the shaft of the applicator brush to the and following in general the principle of the invention and base member are within the scope of the present invention. 35 including such departures from the present disclosure as In the embodiment Of FIGS. 4 and 5, a non-rigid overshell come within the known or customary practice in the art to member 35 is provided on the exterior of rigid base member which the invention pertain's, and as may be applied to the 2. As in the other embodiments, the overshell member 35 central features hereinbefore set forth, and fall within the provides a highly tactile and soft material disposed between. scope of the invention or limits of the claims appended the fingers of the user and the relatively rigid remaining 40 hereto. portions of the cap and applicator brush. The non-rigid exterior surface of the overshell 35 enhances the users grip I claim: on the cap by reducing translational and rotational slip as 1, A nail polish container and applicator cap comprising: well as improves application of polish from the brush to the a) a reservoir for containing nail polish, said reservoir nail surface and also functions to reduce fatigue while 45 having an opening; holding the cap. The exterior of the overshell 35 is provided b) an applicator cap adapted for threaded engagement with indentations or dimples 46 to further enhance the users with said reservoir opening by rotation of said appligrip on cap C. It is within the scope of the present invention cator cap therewith, said applicator cap having a side to provide different surface modification, including but not wall, a top surface and a cross-section having a circular limited to raised bumps or the like. While it is understood 50 shape; provision of indentations 46 will provide a variable thickc) an applicator brush, said applicator brush having brush ness for overshell 35, it is within the scope of this embodibristles aligned in substantially the same direction as ment to eliminate the indentations (as in the FIG. 2) and the longitudinal axis of said applicator cap, and provide an overshell 35 having substantially uniform thickness. In such an embodiment, it is understood that the 55 d) an overshell of compressible material mated to said applicator cap side wall and top surface to provide a overshell 35 may be sufficiently thick so as to provide the fingertip gripping surface thereon, said overshell havcompression and/or flexing as set forth above together with ing a substantially uniform thickness throughout the improved grip surface. In the alternative, the overshell whereby when said applicator cap is engaged to or thickness can be lessened and rendered not compressible or disengaged from said reservoir it will reduce rotational flexible in which case the overshell will function to enhance 60 slip. the grip on the cap by providing the anti-slip characteristic. 2. A nail polish container and applicator cap as in claim FIGS. 6 and 7 illustrate another embodiment of the 1 and wherein said overshell having a durometer ratio of invention whereby at least a portion of the exterior side wall about twenty-nine to about ninety-six shore. 16 is shown to project through the exterior side wall 39 of overshell 34. That is, projection or flange 19 extends from 65 3. A nail polish container and applicator cap as in claim the exterior side wall 16 such that a portion 21 remains .1 and wherein said overshell thickness is between about 1 uncovered by overshell 34. Various other configurations mm to about 3 mm.
Exhibit 2 - Page 22
Us 7,311,457 B2
7
4. A nail polish container and applicator cap as in claim 1 and wherein said overshell is a material selected from the group consisting of thermoplastic elastomers and silicon rubber. 5. A nail polish container and applicator cap as in claim s 1 and wherein said applicator cap is formed from a material selected from the group consisting of polypropylene, ABS copolymers and nylon. 6. A nail polish container and applicator cap as in claim 1 and wherein said overshell having a concave configura- to tion. 7. A nail polish container and applicator cap as in claim 1 and wherein said reservoir opening provided with male threads and said applicator cap provided with female threads for threaded engagement with said male threads. is S. A nail polish container and applicator cap as in claim 1 and wherein at least a portion of said applicator cap top surface extends through said overshell end wall. 9. A nail polish container and applicator cap as in claim 1 and further including: 20 a) a flange, said flange extends from said applicator cap at one end thereof and transverse to the longitudinal axis thereof. 10.A nail polish container and applicator cap comprising: a) a reservoir for containing nail polish to be dispensed, 25 said reservoir having an opening for access to the interior thereof, b) an applicator cap formed from rigid material and adapted for sealing engagement with said reservoir opening, said applicator cap having a side wall, a top 30 surface at one end thereof and an annular flange at an opposite end thereof, said flange extends transverse to the longitudinal axis of said applicator cap and said side wall thereof, c) a brush for applying nail polish to a surface, said brush 35 formed from bristles, d) a shaft, said shaft donnecting said cap to said brush so that said brush bristles are aligned in substantially the same direction as the longitudinal axis of each of said cap and said shaft; and 40 e) a one piece overshell provided on said applicator cap side wall and top surface, said overshell having a thickness on said side wall and top surface that is substantially the same and that is formed from a sufficiently compressible material whereby when said 45 applicator cap is gripped between the fingertips of a user to apply nail polish from said brush, said bristles are caused to be dampened against excessive movement.
8 11. A nail polish container and applicator cap as in claim

10 and wherein said applicator cap having a circular crosssection throughout. 12. A nail polish container and applicator cap as in claim 10 and wherein said overshell constructed from a material having a durometer ratio of about twenty-nine to about ninety-six shore. 13. A nail polish container and applicator cap as in claim 10 and wherein said overshell is a material selected from the group consisting of thermoplastic elastomers and silicon rubber. 14. A nail polish container and applicator cap as in claim 10 and wherein said applicator cap is constructed from a material selected from the group consisting of polypropylene, ABS copolymers and nylon. 15. A nail polish container and applicator cap comprising: a) a reservoir for containing nail polish, said reservoir having a threaded opening; b) a rigid applicator cap adapted for rotational engagement with said threaded opening of said reservoir, said applicator cap having a side wall and a top surface; c) an applicator brush, said applicator brush having brush bristles aligned in substantially the same direction as the longitudinal axis of said applicator cap, said brush bristles having a length greater than the width of said applicator brush and d) a continuous overshell having a substantially uniform thickness throughout, said overshell overlying said applicator cap side wall and top surface and formed from a sufficiently compressible material to provide a fingertip gripping surface thereon adapted to reduce rotational slip when said applicator cap is being engaged to said reservoir and translational slip when nail polish is being applied to a surface. 16. A nail polish container and applicator cap as in claim 15 and wherein at least a portion of said applicator cap top surface is covered by said overshell to provide a finger gripping surface thereon. 17. A nail polish container and applicator cap as in claim 15 and wherein said overshell having a generally concave configuration. 18. A nail polish container and applicator cap as in claim 15 and wherein said applicator cap provided with a circular cross-section. 19. A nail polish container and applicator cap as in claim 15 and wherein said overshell has a thickness between about 1 mm to about 3 mm.
* * *
Exhibit 2 - Page 23
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
This case has been assigned to District Judge Margaret M. Morrow and the assigned discovery Magistrate Judge is Andrew J. Wistrich. The case number on all documents filed with the Court should read as follows: CV1 3 701 MMM (AJWx ) Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the following location: Western Division 312 N. Spring St., Rm. G-8 Los Angeles, CA 90012 11 Southern Division 411 West Fourth St, Rm. 1-053 Santa Ana, CA 92701-4516
Eastern Division 3470 Twelfth St., Rm. 134 Riverside, CA 92501
Failure to file at the proper location will result in your documents being returned to you.
CV-18 (03/06)
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
JEFFER MANGELS BUTLER & IVInrCHELL LLP 1 Case 2:13-cv-00701-MMM-AJW Document ROD S. BERMAN (Bar No. 105444, rberman@jmbm.corn JESSICA C. BROMALL (Bar No. 235017) 11@jmbm.com 900 Avenue of the Stars, Seventh Floor Angeles, California 90067-4308 T:le lone: (310) 203-8080 ile: (310) 203-0567 eys for Plaintiff J.P. GRIPPER LLC
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA J.P. GRIPPER LLC, a California limited liability company,
PLAINTIFF(S) CASE NUMBER
aid
07
SUMMONS
144/1441 1910Y
v. ODYSSEY NAIL SYSTEMS LLC, a Texas limited liability company; and ODYSSEY NAIL SYSTEMS, INC., a Florida corporation,
DEFENDANT(S).
TO: DEFENDANT(S): ODYSSEY NAIL SYSTEMS LLC, a Texas limited liability company; and ODYSSEY NAIL SYSTEMS, INC., a Florida corporation, A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it), you amended complaint must serve on the plaintiff an answer to the attached Z complaint I I u cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer u counterclaim or motion must be served on the plaintiffs attorney, Rod S. Berman, Esq., whose address is Jeffer Mangels Butler & Mitchell, LLP 1900 Avenue of the Stars, Seventh Floor, Los Angeles, California 90067-4308. If you fail to do so, 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.
JAN 3 1 2013
Dated:
Clerk, U.S. District C
(Seal of the Coft2
[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed 60 days by Rule 12(a)(3)].
CV-OIA (10/I I
SUMMONS
American LegalNet, inc. www FormsWarkFlow.rom
UNITED STATES DISTRICT COURT, Case 2:13-cv-00701-MMM-AJW Document 1 CENTRAL DISTRICT OF CALIFORNIA Page ID #:31 Filed 01/31/13 Page 28 of 29 CIVIL COVER SHEET
I (a) PLAINTIFFS (Check box if you are representing yourself u) DEFENDANTS
J.P. GRIPPER LLC, a California limited liability company,
ODYSSEY NAIL SYSTEMS LLC, a Texas limited liability company; and ODYSSEY NAIL SYSTEMS, INC., a Florida corporation,
ca..6
Attorneys (Firm Name, Address and Telephone Number: If you are representing
Attorneys (If Known)
yourself, provide same.)
JEFFER MANGELS BUTLER & MITCHELL LLP R D S. BERMAN (Bar No. 105444) rbermanjmbm.com SICA C. BROMALL (Bar No. 235017) jbromall@jmbm.com 0 Avenue of the Stars, Seventh Floor, Los Angeles, CA 90067 1) 310-203-8080; Fax: (310) 203-0567
OF JURISDICTION (P ace an X in one box only.) III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant.)
u 1 U.S. Government Plaintiff
u 3 Federal Question (U.S. Government Not a Party
Citizen of This State
PTF DEF 01 0 1 02 02
Incorporated or Principal Place of Business in this State
PTF DEF 04 u 4
u 2 U.S. Government Defendant
El 4 Diversity (Indicate Citizenship Citizen of Another State

of Parties in Item III)
Incorporated and Principal Place 0 5 El 5 of Business in Another State oreign Nation 06 06
Citizen or Subject of a Foreign Country u 3 u 3 IV. ORIGIN (Place an X in one box only.)
u 7 Appeal to District EI 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from another district (specify): u 6 MultiDistrict Judge from Reopened Proceeding State Court Appellate Court Magistrate Judge Litigation
V. REQUESTED IN COMPLAINT: JURY DEMAND:
Yes
u No (Check 'Yes' only if demanded in complaint.)

0 MONEY DEMANDED IN COMPLAINT: S
CLASS ACTION under F.R.C.P. 23: u Yes 0 No
Exceed 75,000.00
VI. CAUSE OF ACTION (Cite the U. S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
United States, 35 U.S.C. 271 and 289; 28 U.S.C. 1332(a); 28 U.S.C. 1391(b) and (c) and 1400(b)
VII. NATURE OF SUIT (Place an X in one box only.) OTHER STATUTES 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce/ICC Rates/etc. u 460 Deportation u 470 Racketeer Influenced and Corrupt Organizations u 480 Consumer Credit u 490 Cable/Sat TV 0 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 u 890 Other Statutory Actions u 891 Agricultural Act u 892 Economic Stabilization Act u 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Info. Act 900 Appeal of Fee Determination Under Equal Access to Justice u 950 Constitutionality of State Statutes u u u u :.,PERSONAII: PETITION.S PERSQN4L NJORY: :: s 710 Fair Labor Standards s 1 10Insurance :: :PROPERTY!: u 510 Motions to Vacate . Act . : . :: D 310 Airplane s 120 Marine Sentence Habeas s 720 Labor/Mgmt. s 315 Airplane Product s 370 Other Fraud u 130 Miller Act Corpus Relations Liability s 371 Truth in Lending s 140 Negotiable Instrument s 730 Labor/Mgmt. s 320 Assault, Libel & u 380 Other Personal u 530 General 150 Recovery of s Reporting ee Property Damage u 535 Death Penalty Slander Overpayment & Disclosure Act s 330 Fed. Employers' u 385 Property Damage u 540 Mandamus/ Enforcement of s 740 Railway Labor Act Product Liability Other Liability Judgment ,.,.., ..,,, U 550 Civil Rights s 790 Other Labor s 340 Marine s 151 Medicare Act ,___,::,-D-KINRI'_c_Y. Litigation u 22 Appeal 28 USC u 555 Prison Condition u 152 Recovery of Defaulted s 345 Marine Product 158 Liability s 791 Empl. Ref Inc. Student Loan (Excl. Security Act Veterans) s 350 Motor Vehicle u 423 Withdrawal 28 PROP 2:4RVEMAI USC s 355 Motor Vehicle u 610 Agriculture ::,..,..,,, 157 u 153 Recovery of s 820 Copyrights
7
CO I1'RACT
TQRf S ' :
TORTS , .,
. FR ..,.. , FR ;,.. IKON ...:.
LABOR
s s s
Overpayment of Veteran's Benefits _., u 160 Stockholders' Suits u 190 Other Contract 195 Contract Product Liability 0. 196 Franchise , : -" ,"..- : 7, - REAIPROPERTY: -. 210 Land Condemnation u 220 Foreclosure u 230 Rent Lease & Ejectment 240 Torts to Land u 245 Tort Product Liability u 290 All Other Real Property
s s s
:'
Product Liability t:.p.eliglogirs:: u 360 Other Personal D 441 Voting Injury 442 Employment u 362 Personal Injury443 Housing/AccoMed Malpractice mmodations u 365 Personal InjuryM444 Welfare Product Liability 445 American with 0 368 Asbestos Personal Disabilities Injury Product Employment Liability v 111 446 American with PvIMIGRAT,I ,ON .Disabilities -':-.-:,,, ,,,:,-. - Other 462 Naturalization 440 Other Civil Application Rights u 463 Habeas CorpusAlien Detainee u 465 Other Immigration Actions
s s s
'
u 620 Other Food & Drug u 625 Drug Related Seizure of Property 21 USC 881 u 630 Liquor Laws u 640 R.R.& Truck u 650 Airline Regs 0 660 Occupational Safety /Health u 690 Other
r 830 Patent
NI 840Trademark SOCIfibbiliiiiti : 5 SO CI ... , ... . : :: 61 111A(1395ft) u 862 Black Lung (923) 863 DlwC/DIWW 405(g)) 864 SSID Title XVI u 865 RSI (405(g)) ::.;,F.,:E,DEMak4:::taj:S::.,. 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRS-Third Party 26 USC 7609
,
s s s
:s
FOR OFFICE USE ONLY: Case Number,
,fft.
AFTER COMPLETING THE CV-71 (05/08)
MI
FOR
- 1,70 1 THE INFORMATION REQUESTED BELOW.

American LegalNet. Inc. www,FormsWerkt/ow.com
CIVIL COVER SHEET
Page 1 of 2
UNITED STATES r'STRICT COURT, CENTRAL Case 2:13-cv-00701-MMM-AJW Document COVER SHEET DISTRICTPage 29 of 29 Page ID #:32 1 Filed 01/31/13 OF CALIFORNIA CIVIL
VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? El No u Yes If yes; list case riumber(s): VIII(b). RELATED CASES: Have any cases been previously filed inthis court that are related to the present case? El No If yes, list case number(s): Civil cases are deemed related if a previously filed case and the present case: (Check all boxes that apply) A. Arise from the same or closely related transactions, happenings, or events; or u B. Call for determination of the same or substantially related or similar questions of law and fact; or u C. For other reasons would entail substantial duplication of labor if heard by different judges; or u D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.
u
u Yes
IX. VENUE: (When completing the following information, use an additional sheet if necessary.) (a) List the County in this District: California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides. u Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b). County in this District* California County outside of this District; State, if other than California; or Foreign Country
Los Angeles County

(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides. Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c). u County in this District:* California County outside of this District; State, if other than California; or Foreign Country
Texas
(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose. Note: In land condemnation cases, use the location of the tract of land involved. County in this District:* California County outside of this District; State, ifother than California; or Foreign Country
Los Angeles County

* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties Note; In land condemnation cases, use the location of the tr.. gland involved X. SIGNATURE OF ATTORNEY (OR PRO PER):
S/(1 ROMALL, ESQ.
1Date
January 31, 2013
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings orother papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3 -1 is not filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet.) Key to Statistical codes relating to Social Security Cases: Nature of Suit Code Abbreviation Substantive Statement of Cause of Action
861
HIA
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. I 935FF(b)) All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C. 923) All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g)) All claims filed for widows orwidowers insurance benefits based on disability under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405(g)) All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended. All claims for retirement (old age) ani survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. (g)) CIVIL COVER SHEET Page 2 of 2
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862
BL
863
DIWC
863
DIWW
864
SSID
865
RSI
CV-71 (05/08)
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J P Gripper v. Odyssey Nail Systems Et. Al.

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Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 1 of 29 Page ID #:4

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

11 J.P. GRIPPER LLC, a California limited liability company, Plaintiff,

COMPLAINT FOR PATENT INFRINGEMENT

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 2 of 29 Page ID #:5

Plaintiff J.P. Gripper LLC is a California limited liability company

27 271 and 289. 28

Plaintiff has no adequate remedy at law.

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 3 of 29 Page ID #:6

Defendants have been placed on notice of the Patents and the

PRAYER FOR RELIEF

For a judgment against Defendants awarding Plaintiff its damages

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 4 of 29 Page ID #:7

all damages sustained by Plaintiff as a result of Defendants'

Attorneys for Plaintiff J.P. GRIPPER LLC

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 5 of 29 Page ID #:8

DEMAND FOR JURY TRIAL

DATED: January 31, 2013

Attorneys for Plaintiff J.P. GRIPPER LLC

PRINTED ON RECYCLED PAPER

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 6 of 29 Page ID #:9

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 7 of 29 Page ID #:10

1 111111 11 1 1 1 1 1 1 1 1R1#01 1 11 1 1 1 1 1 11 1 101

(21) (22) (65)

(51) (52) (58) (56)

Primary ExaminerDavid J. Walczak (74) Attorney; Agent, or FinnShlesinger, Arkwright

22 Claims, 3 Drawing Sheets

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 8 of 29 Page ID #:11

FOREIGN PATENT DOCUMENTS

401/6 401/6 16/430 15/143.1

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 9 of 29 Page ID #:12

Nov. 22, 2005

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 10 of 29 Page ID #:13

Nov. 22, 2005

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 11 of 29 Page ID #:14

Nov. 22, 2005

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 12 of 29 Page ID #:15

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 13 of 29 Page ID #:16

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 14 of 29 Page ID #:17

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 15 of 29 Page ID #:18

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 16 of 29 Page ID #:19

Case 2:13-cv-00701-MMM-AJW Document 1

Filed 01/31/13 Page 17 of 29 Page ID #:20

(lo) Patent No.:

US 7,311,457 B2 *Dec. 25, 2007

(Continued) FOREIGN PATENT DOCUMENTS 196 32

Prior Publication Data US 2006/0013638 Al Jan. 19, 2006