Caffeinate Labs v. Vante - Amended Complaint

Case 1:16-cv-12480-GAO Document 15 Filed 02/09/17 Page 1 of 32
UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
CAFFEINATE LABS, INC.,

Plaintiff
Civil Action No. 1:16-cv-12480-GAO
v.
JURY TRIAL DEMANDED
VANTE INC., a New York corporation, and
ALEXANDER SHLAFERMAN, an individual,
Defendants
FIRST AMENDED COMPLAINT
Plaintiff Caffeinate Labs, Inc. files this First Amended Complaint against Vante Inc. and
Alexander Shlaferman (collectively Defendants) for the foregoing reasons:
PARTIES
1. Plaintiff, Caffeinate Labs, Inc. (Caffeinate) is a corporation organized and
existing under the laws of the Commonwealth of Massachusetts, having its usual place of
business at 170 Anderson Street, Portland, Maine 04101.
2. Vante Inc. is a New York corporation organized and existing under the laws of
New York, having a principal place of business at 1733 Sheepshead Bay Road, Suite 32,
Brooklyn, NY 11235.
3. Alexander Shlaferman, a/k/a Alex Xander, is an individual whose last known
address is 134 Bay 26 Street, Brooklyn, New York 11214.
JURISDICTION AND VENUE
4. Plaintiffs claims arise out of patent infringement under Title 35 of the United
States Code, unfair business practices under the Lanham Act, Title 15 of the United States Code,
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and ancillary state law claims for unfair business practices, trade libel, interference with
advantageous business relations, and unjust enrichment.
5. This Court has subject matter jurisdiction over this action pursuant to
28 U.S.C. 1331, 28 U.S.C. 1332, and 28 U.S.C. 1338. In addition, the Court has diversity
jurisdiction over this action pursuant to 28 U.S.C. 1332 because Caffeinate and Defendants are
citizens of different states and the amount in controversy exceeds $75,000.00. Finally, this court
has ancillary jurisdiction over all state law causes of action pursuant to 28 U.S.C. 1367.
6. Venue is proper under 28 U.S.C. 1391(b) and (c) and 1400(b). Defendants
have committed acts giving rise to each of the claims raised in this complaint in this District.
Defendants have regularly engaged in business in this Commonwealth and District and
purposefully availed themselves of the privilege of conducting business in this District.
7. Since learning about Plaintiffs innovative and patented designs on or about
January 28, 2013, Defendants have been engaged in a scheme to willfully and knowingly
misappropriate the designs and features of Plaintiffs patented works by developing a competing
product, which is of like design, purpose and function. Defendants competing product is sold
under the name of Wallet Ninja.
8. Defendants are known to advertise, offer for sale, and sell the Wallet Ninja at
brick and mortar stores located throughout the Commonwealth of Massachusetts including, but
not limited to, Staples, Office Depot, Walgreens and Walmart.
9. Defendants make the Wallet Ninja available to any person to buy, including to
Massachusetts residents, at these stores and on numerous online shopping platforms including
Amazon.com, Walmart.com, Staples.com, Walgreens.com, and Office Depot.
CAFFEINATES PATENT PORTFOLIO
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10. Caffeinate owns two issued patents and one pending patent application covering
its designs in its PocketMonkey tool. The PocketMonkey is a flat, multi-purpose tool, which is
the size of a credit card.
11. The PocketMonkey was invented by Nathan Barr, President and Founder of
Caffeinate. The PocketMonkey has 12 tools as part of its design. They are: (1) a bottle opener;
(2) a flat screwdriver; (3) a Phillips screwdriver; (4) a micro screwdriver; (5) a phone kickstand;
(6) a set of 6 hex wrenches; (7) a fruit peeler; (8) a door latch slip; (9) an earbud cord wrap;
(10) a letter opener; (11) a ruler; and (12) a straight edge.
12. When Barr initially sought to design a multipurpose pocket tool that would fit
comfortably in a wallet, he encountered many design challenges. To his knowledge, there were
no multi-purpose tools that were as thin as a credit card. On the one hand, the design had to be
strong enough to function as a tool. For example, the screwdriver portion had to be able to
withstand the torque required to insert or remove a screw. The hex wrenches had to have
sufficient structural integrity such that they could insert or remove a hex bolt.
13. On the other hand, the design also had to be thin enough to fit in a wallet. Barr
wanted the whole tool to be about the size of a credit card in all dimensions. In addition, the
features had to be precise. For example, the eye glass screwdriver and the Phillips screwdriver
required precision cuts within the body of the multifunctional tool.
14. When Barr was working on various versions of the multifunctional tool, he relied
upon engineering principles to perfect the tools that are part of the PocketMonkey.
15. After making approximately one hundred revisions of the multifunctional tool,
Barr settled on the design that ultimately became the PocketMonkey.
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16. Barr initially applied for a patent on the PocketMonkey design on November 28,
2012. That application matured into United States Patent No. 9,302,383 entitled Utility Tool
Device and Related Methods and Systems (the 383 patent) on April 5, 2016. A true and
accurate copy of the 383 patent is attached hereto as Exhibit A.
17. On February 19, 2016, Caffeinate filed a continuation of the 383 Patent, entitled
Utility Tool Device, which was published as U.S. Patent Publication No. 2016/0176034 on
June 23, 2016. (the 034 patent pub.). This patent application is currently pending before the
United States Patent and Trademark Office (USPTO). A true and accurate copy of the 034
patent pub. is attached hereto as Exhibit B.
18. On March 15, 2013, Caffeinate applied for a design patent covering the novel
design features of the PocketMonkey. On June 17, 2014, the USPTO issued United States Patent
No. D707,091 entitled Utility Tool, (the D091 patent). A true and accurate copy of the
D091 patent is attached hereto as Exhibit C.
19. The D091 patent, the 383 patent, and the 034 patent pub. are assigned to
Caffeinate, which owns the full rights, title, and interest in these pieces of intellectual property.
20. The D091 patent and the 383 patent have not expired and are in full force and
effect.
21. Pursuant to 35 U.S.C. 282, the D091 patent, the 383 patent, and all of their
respective claims are presumed valid.
22. Caffeinate marks its utility tools with notice information regarding its patents.
INITIAL MEETING BETWEEN THE PARTIES
23. On or about January 28, 2013, Nathan Barr, CEO of Caffeinate attended a
wholesale products and innovative designs tradeshow called NY NOW Market. He set up a
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booth at the NY NOW Market tradeshow so that he could display, and hopefully sell, his newly
designed PocketMonkey.
24. At some point during the tradeshow, Shlaferman approached Barr, who was
working Caffeinates booth, and asked questions about the PocketMonkey. The discussion
originally began as an inquiry into the features of the PocketMonkey. At some point,
Shlaferman offered to help Barr get the PocketMonkey into the sales channels at all of the major
big box stores.
25. The two met later that evening at Barrs hotel, The Yotel, to further discuss
Shlafermans offer. During that meeting, Shlaferman stated that he would require a license to
Caffeinates intellectual property in order for him to assist in opening sales channels into major
big box stores. Shlafermans licensing terms essentially required Barr to relinquish all of his
rights and control in the intellectual property underlying the PocketMonkey. Shlaferman tried to
convince Barr that he would not succeed without him.
26. During those discussions, Barr notified Shlaferman that his utility tool designs
were patent pending.
27. On or about February 2, 2013, Barr received an email purportedly sent from
Shlaferman, wherein Shlaferman stated: You've heard everything I've had to say and I hope you
realize my credibility. Please try to get an answer for me in the next days if possible. Think long
term. We are not building a product we are building a company and you need a partner who is
fully capable on all ends strategically, creatively, and technically. I am your one stop shop. This
is what you need even if you don't realize it yet. Trust me to do this for you and I will take you
and your product where you've never dreamed of. I want a long term relationship where we can
continue pumping out products and get into a cycle with these stores with your brand where we
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can predict their exact ordering schedule. With my guidance and your ingenuity we can make a
shitload of money. I take that back, we WILL make a shitload of money. Just give me the green
light and let's work. A true and accurate copy of an email sent from alex@vantetoys.com to
nate@caffeinatelabs.com dated February 2, 2013 is attached hereto as Exhibit D.
28. In an email dated February 6, 2013, Barr rejected Shlafermans offer, again
reiterating that his designs were patent pending. Specifically, Barr stated: As we talked about, I
think this product has a very strong patent position and doesn't necessitate taking shortcuts to
ensure beating out the competition. I have made it very clear in the market that this is patent
pending. A true and accurate copy of the February 6, 2013 email from Barr to Shlaferman is
attached hereto as Exhibit E.
29. Not deterred, Shlaferman continued to try to persuade Barr to enter into a business
relationship with respect to the manufacturing, design, and sales of the technology embodied in
the D091 and 383 patents. Specifically, on or about February 28, 2013, Shlaferman sent an
email to Barr acknowledging Barrs rights and pleading: Consider this. I'll give you a check
[for] 20 grand which is the guarantee for the first $200k in sales. It's yours to do as you please.
All I'm asking for are the full rights to distribute your item, the use of the name PocketMonkey
and the use of the design. I will give you a 10% royalty on lifetime sales. I just want this deal to
happen now. Truly Yours, Alex Shlaferman |www.vantetoys.com|# 718 332 5584|fax718 568
0258 Like us on Facebook! www.facebook.com/VanteToys. A true and accurate copy of the
February 28, 2013 email from Shlaferman to Barr is attached hereto as Exhibit F.
30. On or about March 1, 2013, Barr sent an email rejecting Shlafermans proposed
terms for at least two reasons: (1) the royalty rate of 10% was too low; and (2) he had potential
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business partners offering better terms. A true and accurate copy of the March 1, 2013 email
from Barr to Shlaferman is attached hereto as Exhibit G.
31. It subsequently appeared that, after Barr rejected Shlafermans proposed terms for
doing business together, Shlaferman substantially copied Barrs design and features, developing
an infringing tool which ultimately became known as and sold under the name of the Wallet
Ninja.
32. Further evidencing Defendants desire to simply copy Plaintiffs designs and to
palm-off of Plaintiffs ingenuity and inventiveness, during the discussions between Barr and
Shlaferman, Barr told Shlaferman that he was also developing a credit card-sized pocketknife
which Barr told him he called Knife Ninja. When Barr learned that Defendants had released a
knock-off version of his PocketMonkey under the name Wallet Ninja, he recognized the need
to distinguish his products and changed the name of his pocketknife to Wildcard.
THE ACCUSED PRODUCT
33. The Wallet Ninja is a credit-card sized, multifunctional tool. On its packaging, it
purports to be the Worlds First 100% Flat Multi-Tool, even though Defendants know this
statement is false because the PocketMonkey was patent-pending and offered for sale to the
public before the infringing Wallet Ninja was developed or sold.
34. The Wallet Ninja claims to have nearly identical features as the PocketMonkey.
Specifically, it has: (1) a bottle opener; (2) a flat screwdriver; (3) a Phillips screwdriver; (4) a
micro screwdriver; (5) a cellphone kickstand; (6) a set of 6 hex wrenches; (7) a fruit peeler; (8) a
letter opener; (9) a ruler; and (10) a straight edge. Of note, these features do not have the design
and craftsmanship of the PocketMonkey, which has tended to erode consumer confidence in the
PocketMonkey.
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35. The Wallet Ninja also copied the identical thickness and approach to making such
a thin tool, which at the time was novel.
36. Even though Shlaferman knew that Barr had applied for patent protection for his
PocketMonkey designs and functionality, he nonetheless applied for a design patent application
covering the Wallet Ninja on or about February 26, 2014. Shlafermans filing date for his patent
application was more than a year after he first saw the PocketMonkey for sale at the NY NOW
event and learned of the pending patent(s).
37. When Shlaferman applied for a patent on the design of the Wallet Ninja, he did
not disclose his knowledge of the PocketMonkey as a relevant piece of prior art to the USPTO as
is required by the rules of disclosure, candor, and good faith that govern the process of applying
for a patent. The rules of candor before the USPTO require all inventors and their attorneys to
disclose all known prior art to the Patent Office. See 37 C.F.R. 1.56.
38. Defendants currently sell the Wallet Ninja in numerous online and brick and
mortar stores throughout the Commonwealth and other markets. The Wallet Ninja is sold in the
same streams of commerce as the PocketMonkey. In several instances, stores within the
Commonwealth sell both the PocketMonkey and the Wallet Ninja.
39. The PocketMonkey is made in the United States, whereas The Wallet Ninja is
made in China. Accordingly, the Wallet Ninja is usually available at a lower price than the
PocketMonkey.
40. Plaintiff purchased a Wallet Ninja in an Office Depot store located in
Marlborough, Massachusetts in August of 2016. Hight Decl., 3. Additionally, Caffeinate
bought a Wallet Ninja from an online retailer and had it shipped to Massachusetts. Barr Decl.,
13.
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DEFENDANTS MEDIA CAMPAIGN ADVERTISING WALLET NINJA
41. On information and belief, one or both Defendants operate and control a
Facebook page entitled The Xander Experience. The Xander Experience Facebook page is
used, among other things, to market, advertise, promote and comment on the Wallet Ninja
product.
42. In addition, Shlaferman has been interviewed numerous times regarding the
purported innovations embodied within the Wallet Ninja which he claims as his own. These
interviews, some of which are discussed below, have been broadcast worldwide in video and
print format.
43. Beginning as early as August of 2013, Defendants embarked on a media
campaign replete with knowingly false and misleading statements about the origin of the design
for a flat, multipurpose tool. In August of 2013, Shlaferman was interviewed on the Howard
Stern show (Howard Stern interview). See Barr Decl., 7; See also
https://www.youtube.com/watch?v=zjrAwNwJQYQ
44. During the Howard Stern interview, Shlaferman demonstrated the Ninja product
for Mr. Stern and a large audience viewing the show live. See Barr Decl., 8.
45. The Howard Stern interview has been further broadcast via live television and
web-archives such as YouTube.
46. During the Howard Stern interview, Shlaferman evidenced an understanding of
intellectual property rights of others when he discussed the Swiss Army Knife trademark and
acknowledged that he could not characterize the Wallet Ninja as a type of Swiss Army Knife
because that term is trademarked. See Barr Decl., 8.
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47. Despite his basic understanding of trademark law, Shlaferman took credit during
the Howard Stern interview for designing the multi-purpose, flat tool he called Wallet Ninja,
when he knew that, in fact, Nate Barr was the original designer and inventor of a multi-purpose
flat tool called PocketMonkey that Shlaferman had substantially copied. See Barr Decl., 9.
48. These blatantly false claims of origin continued into the following year. For
example, in an October 22, 2014 interview, when asked How did you come up with the idea for
the Wallet Ninja? Shlaferman responded: Out of a need to create a multi tool you could have
with you at all times without actually needing to take something extra with you. A true and
accurate copy of this interview can be viewed at http://nextshark.com/20-year-old-entrepreneur-
is-so-successful-he-has-his-own-factory-in-china/
49. Shlaferman made the aforesaid statement with knowledge that Barr had already
designed and applied for patent protection for the PocketMonkey nearly two years prior to
making that statement.
50. Two days later, on October 24, 2014, Bloomberg aired an interview with
Shlaferman during which he again discussed his purported design of the Wallet Ninja. See Barr
Decl., 3. During that interview, Shlaferman stated that he had launched his Wallet Ninja
product sometime around October of 2013, which is nearly a year after the priority date for the
383 patent. See Barr Decl., 4.
51. Shlaferman also stated Im like vicious, when describing how he had earned
$10 million in less than a year from sales of the Wallet Ninja. Id. at 5. In addition, Shlaferman
stated that he had been selling the Wallet Ninja in Walmart and Pet Boys.
52. During this same timeframe, Plaintiffs patent applications for the design and
utility of the PocketMonkey. Plaintiff filed for protection of the utility of the PocketMonkey
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design on November 28, 2012, nearly a year before Defendants launch of Wallet Ninja. The
383 patent application was published on May 29, 2014. Defendants claim to have made more
than $10 million in sales from the Wallet Ninja between October 2013 and October 2014.
53. Defendants were on notice of Plaintiffs pending patent rights and therefore are
liable to Plaintiff for lost profits or a reasonable royalty for all sales of the Wallet Ninja
occurring after May 29, 2014.
54. Defendants are additionally liable to Plaintiff for a reasonable royalty or lost
profits for all sales of the Wallet Ninja that occurred after June 17, 2014, which is the issue date
of the D091 patent.
DEFENDANTS DELIBERATELY UNDERCUT PRICING FOR POCKETMONKEY
55. The PocketMonkey was first sold to the public in November of 2012, which was
nearly a year before Defendants began selling their infringing Wallet Ninja. As such, Caffeinate
developed a market and a demand for a flat, multipurpose tool. Defendants avoided the tie and
financial investment necessary to develop that market and instead entered the game once the
market had been developed. In doing so, they capitalized on Plaintiffs design and investment by
diverting sales that would otherwise have gone to Caffeinate.
56. PocketMonkey is made in the United States, and is advertised accordingly.
57. The Wallet Ninja is made in China and imported into the United States.
58. In the Howard Stern interview Shlaferman stated America sucks for consumer
goods. The stuff you can do there [China] in a week, here [in the US] takes months.
Shlaferman also discussed how much cheaper it is to manufacture in China as compared with the
United States. See Barr Decl., 10.
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59. Shlaferman also touted the advantages of manufacturing in China in an interview
with National Public Radios Kai Ryssdal on October 28, 2014. See Barr Decl., 11;.See also
http://www.marketplace.org/2014/10/28/business/21-year-old-who-owns-factory-china
60. Based on his conduct, it is clear that Shlaferman purposefully set out to disparage
the PocketMonkey and undercut the pricing of the PocketMonkey as a means of diverting sales
of the PocketMonkey toward the Wallet Ninja.
DEFENANTS DISPARAGEMENT CAMPAIGN AGAINST POCKETMONKEY
61. During the Howard Stern interview, Shlaferman discussed a Facebook page he
operates under the pseudonym Alex Xander called The Xander Experience.
62. Shlaferman has used the Xander Experience Facebook page, to among other
things, advertise impromptu parties he hosts. See Barr Decl., 12. One such party, for example,
occurred on the Manhattan Bridge. Id. The Manhattan Bridge party drew more than 1000 party
goers and resulted in Shlaferman being arrested. Id.
63. Shlaferman has also used the Xander Experience Facebook page to disparage,
libel, and make false and distorted claims about the PocketMonkey.
64. In November of 2014, Shlaferman asked thousands of his Facebook followers to
disparage Caffeinates PocketMonkey tool by posting his request on The Xander Experience
Facebook page. Specifically, Shlaferman posted Wow I feel flattered that I was knocked off so
quickly with some garbage. I really need your guys help. After 6 months of development, sweat,
passion and tears, ThinkGeek needs to know this is not right. Please click on
http://www.thinkgeek.com/product/18c2/ And comment I prefer a Wallet Ninja
http://www.thinkgeek.com/product/1708/ Or anything of that variation. It would mean a huge
amount to me. Thank you. (Xander Experience Disparagement Request). A true and accurate
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copy of the November 30, 2014 quote from The Xander Experience Facebook page is attached
hereto as Exhibit H.
65. The link in the Xander Experience Disparagement Request led directly to an
advertisement of the PocketMonkey on a website known as ThinkGeek.
66. Many of Defendants followers heeded the Xander Experience Disparagement
Request and posted disparaging comments about the PocketMonkey online. The majority of the
disparaging comments were made on November 30, 2014, the same date as the Xander
Experience Disparagement Request was made. A true and accurate copy of this thread is
attached hereto as Exhibit I.
67. Those disparaging posts appeared on the Think Geek website as well as the
Xander Experience Facebook page.
68. On information and belief, customers, suppliers and other business contacts of
Caffeinate saw those disparaging and untrue posts.
69. Defendants knew at the time they made the Xander Experience Disparagement
Request that Nate Barr was the original inventor of the PocketMonkey, a flat, multipurpose tool,
which is the size of a credit card, and that Barrs designs predated any designs they had for the
Wallet Ninja by a substantial amount of time. They therefore knew that their claims to be first
and their assertions that they were knocked off so quickly with some garbage were false,
misleading, and likely to cause economic injury to Caffeinate.
NOTICE OF INFRINGEMENT AND UNFAIR BUSINESS PRACTICES
70. On or about December 21, 2015, Caffeinate sent a letter to the registered agent for
Vante Inc. In that letter, Caffeinate provided written notice to Vante that the USPTO had
allowed the claims in the 383 patent. (First Notice). The First Notice was sent via certified
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mail, return receipt requested, to Vantes agent of record as listed on the New York Secretary of
States website. A true and accurate copy of the December 21, 2015 letter is attached hereto as
Exhibit J.
71. In addition, the First Notice also notified Vante of its unfair business practices
under both state and federal law with respect to the unauthorized copying of the PocketMonkey
designs, the disparagement of PocketMonkey, and the false and misleading claims that
Caffeinate copied Defendants designs, when exactly the opposite was true.
72. Although Caffeinate had addressed the First Notice to Vantes registered agent, an
entity who under law is required to be available to receive mail delivered via the U.S. Post
Office, the USPS was unable to deliver the First Notice after several failed attempts.
73. The First Notice was returned to Caffeinates counsel sometime on or about
February 10, 2016. The front of the envelope indicates that the USPS made at least two attempts
to deliver the First Notice. The envelope also indicates that the address for Vantes registered
agent had a door, but no doorbell. The First Notice was returned with a sticker, which states
Return to Sender[.] Unclaimed[.] Unable to Forward[.] Return to Sender[.] A true and accurate
copy of the unopened, undelivered First Notice is attached hereto as Exhibit K.
74. On or about February 22, 2016, Caffeinates counsel sent an email, attaching the
December 21, 2015 letter, to Vante and to Shlaferman at the following addresses:
alex@vantetoys.com and vantetoys@gmail.com (Second Notice). A true and accurate copy of
the February 22, 2016 email to Defendants is attached hereto as Exhibit L.
75. On or about March 2, 2016, Caffeinate attempted for a third time to provide
notice of Defendants infringement and unfair business practices (Third Notice). This time
Caffeinate sent a letter to: 1733 Sheepshead Bay Road Suite 32, Brooklyn, NY 11235, which is
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the address Defendants provided to the USPTO on their trademark application for the Wallet
Ninja mark. A true and accurate copy of the March 2, 2016 letter is attached hereto as
Exhibit M.
76. On March 4, 2016, Vantes attorney acknowledged receipt of the Second Notice.
In his email, Vantes counsel stated that he was reviewing the Second Notice and he would
respond in due course.
77. To date, Defendants have not provided any substantive response to the First
Notice, the Second Notice, or the Third Notice.
78. Vantes failure to provide a valid address for receipt of business mail harmed
Caffeinate because, once an infringer is put on notice, s/he is subject to willful damages if the
infringement continues after the notice date. By effectively dodging notice by failing to provide
a valid mailing address for receipt of notice, Defendants were able to move the notice date for
purposes of calculating willful damages.
INFRINGEMENT OF THE 383 PATENT
79. Rather than innovate on their own, Defendants copied Caffeinates patented
designs for its flat, multifunctional pocket tool as embodied in the 383 patent.
80. Defendants do not have permission or any other lawful right to use Caffeinates
inventions as disclosed in the 383 patent or in its child, the 034 patent pub.
81. The following exemplary claim chart, created based upon one of many online
advertisements for the Wallet Ninja, shows how the Wallet Ninja infringes claim 1 of the 383
patent. A true and accurate copy of an advertisement for the Wallet Ninja, appearing at
https://www.vat19.com/item/wallet-ninja-multi-tool is attached hereto as Exhibit N.
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82. This claim chart is based on preliminary analysis and may be amended or
supplemented after further investigation and discovery in this action. This claim chart is for
notice purposes under Fed. R. Civ. P. 8 and 12.
Claim Element (Claim 1 of 383 patent) Infringing Feature of Accused Product
A device, comprising:
a substantially flat body comprising two or This perfectly flat multi-tool packs six
more tools; wrenches, four screwdrivers, two rulers, a
cellphone stand, a bottle opener, a can opener,
a letter opener, a box cutter, and a fruit peeler
into a single piece of steel the size of a credit
card. Ex. N, p.1.
wherein the two or more tools are formed in See image Ex. N, p. 3 showing two or more
or on the body by one or more of cutouts, tools formed in or on the body by one of more
apertures, contours and inscriptions; cutouts, apertures, contours, and inscriptions.
See also image Ex. N, pp. 4, 5, 6, 7.
wherein the body further comprises an With the help of a credit card, you can
undulating curvilinear elongate aperture transform the Wallet Ninja into a smartphone
passing therethrough, the undulating stand. Ex. N, p. 6; see also image Ex. N, p.
curvilinear elongated aperture being 6.
approximately 53.98 mm long and configured
to accept and frictionally engage with an
approximately credit card-sized supporting
member:
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and wherein the flat body is formed of a heat Material: 4X heat treated steel Ex. N, p. 2
treated metal.
INFRINGEMENT OF THE D091 PATENT
83. The chart below shows a pictorial comparison of one of the claims of the D091
patent as compared with the infringing Wallet Ninja.
Claim Element of D091 patent Infringing Device
Approximate outline:
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84. Rather than innovate on its own, Defendants copied Caffeinates patented designs
for its flat, multifunctional pocket tool as embodied in the D091 patent.
85. Not deterred by Barrs decision to forego a business relationship, Defendants
reached out to Caffeinates manufacturer in March of 2013 to get a price quote for
manufacturing a knock-off of the PocketMonkey. Defendants sent an email and a schematic
showing what would ultimately become the Wallet Ninja to Prototype & Short-Run Services,
Inc., a company in California who had been manufacturing the PocketMonkey for Caffeinate.
86. In a March 21, 2013 email, a representative from Prototype & Short-Run
Services, Inc. responded to an inquiry Shlaferman had made requesting a price quote for
manufacturing a knock-off of the then patent pending PocketMonkey. A true and accurate copy
of the March 21 email thread and attached design of the Wallet Ninja is attached hereto as
Exhibit O.
87. As can be seen from the original design of the Wallet Ninja, as well as Exhibit N
showing the current design of the Wallet Ninja, Defendants intended to copy the patented design
and utility features of the PocketMonkey from the outset.
88. Both the PocketMonkey and the Wallet Ninja are credit card sized devices having
a collection of tools formed into the body of the device. Tools, by their nature, have aspects of
functionality. A collection of tools, however, and the choice of which tools to include, as well as
the locations of each of the tools on the body of the device are ornamental design features.
89. When comparing the design of the PocketMonkey, as a whole, to the design of the
Wallet Ninja, as a whole, it is readily apparent that the designs would appear substantially the
same to an ordinary observer. The bottle openers are both in relatively similar locations. The
bottom two corners both have larger screwdrivers. The top-left corners are both a micro
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screwdriver. The phone kickstands are both above the bottom edge. The wrenches are both
positioned in the lower center.
90. First, Defendants chose to include a nearly identical compilation of tools in their
multipurpose tool. The following table presents a comparison of the tools Plaintiff chose to
include in its original design of the PocketMonkey, which predates any designs of Wallet Ninja,
and a list of tools Defendants chose in their infringing Wallet Ninja.
PocketMonkey Wallet Ninja
Eyeglass screwdriver Eyeglass screwdriver
Philips screwdriver Philips screwdriver
Flat head screwdriver Flat head screwdriver
Set of 6 hex wrenches Set of 6 hex wrenches
Phone kickstand Phone kickstand
Fruit peeler Fruit peeler
Bottle opener Bottle opener
Ruler Ruler
Letter opener Letter opener
Door lock slip Nail puller
Ear bud cord wrap Can opener
91. Of the eleven types of tools featured in the PocketMonkey, Defendants chose to
copy nine of those tools in the Wallet Ninja.
92. In addition to substantial overlap between the types of tools chosen, the types of
tools included are fanciful in that they combine tools needed for disparate activities.
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93. In the prior art of record for the D091 patent, there were 15 cited prior art
references. Of those 15 references, only one combined tools for disparate activities, namely
D126,253, which was a patent for a combination screwdriver and bottle opener. All of the other
references were for tools related to a single activity, e.g., can openers, caulking tool, clothing
cutter, desk accessories, lid removal, barbeque grill scraper, bottle opener, a cutter, and an
automobile escape tool.
94. In contrast, the PocketMonkey combined disparate tools not typically associated
with a single activity such as screwdrivers, hex wrenches, an eye glass screwdriver, a fruit
peeler, a phone kickstand, an ear bud cord wrap, a bottle opener, a letter opener, a ruler, and a
door latch opener.
95. As can be seen from the chart above, Defendants copied this heretofore unique
combination of tools by copying the vast majority of the tool collection in their infringing Wallet
Ninja.
96. The positioning of several of the tools in the Wallet Ninja mimics positioning for
those same tools in the PocketMonkey. For example, the PocketMonkey features three
screwdrivers positioned on the corners of its design. Defendants similarly positioned Wallet
Ninjas screwdrivers on the corners of the Wallet Ninja.
97. The choice to position screwdrivers on the corners is not mandated by the
function of a screwdriver. The screwdrivers on Wallet Ninja would function as screwdrivers if
they were placed in alternative locations, for example anywhere along an outer edge, or
protruding from the flat plate.
98. The PocketMonkey features a letter opener proximal to an eye glass screwdriver.
The Wallet Ninja likewise has a letter opener proximal to an eye glass screwdriver.
20

99. The PocketMonkey has two contiguous cutouts adjacent to the micro screwdriver
that form a double arch with the letter opener and the cord wrap. The Wallet Ninja likewise
has two contiguous cutouts adjacent to the micro screwdriver that form a double arch with the
letter opener and the box opener.
100. The PocketMonkey has a cutout suited for creating a phone kickstand by inserting
a credit card sized object into the cutout. The phone kickstand cutout in the PocketMonkey is
situated right below the hex wrenches.
101. The Wallet Ninja also has a phone kickstand cutout. The Wallet Ninja phone
stand cutout is situated right above the hex wrenches on the Wallet Ninja.
102. The PocketMonkey has an undulating form to the phone kickstand slot. The
Wallet Ninja likewise has an undulating form to the phone kickstand slot.
103. The PocketMonkey design includes the face of a monkey, which is part of its
trade name. The Wallet Ninja includes the face of a ninja embossed on its surface, the eye mask
of the Ninja acting as the bottle opener.
104. In the PocketMonkey, the bottle opener is placed in close proximity to the
monkeys face. In the Wallet Ninja, the bottle opener is part of the ninjas face.
105. In the PocketMonkey, the bottle opener is a bean shaped cutout. This was an
ornamental choice not previously seen in the prior art. In the Wallet Ninja, the bottle opener is a
bean shaped cutout.
106. The PocketMonkey includes a small circular hole that is not part of the tools
function. The Wallet Ninja has small circular holes that are not part of the tools function.
107. In addition to these characteristics, which would be evident to an ordinary
observer, there has been actual confusion between the PocketMonkey and the Wallet Ninja.
21

Members of Caffeinates sales team have had several conversations with consumers who have
confused the Wallet Ninja with the PocketMonkey.
108. Defendants do not have permission to use Caffeinates inventions as disclosed in
the D091 patent.
COUNT ONE
(Infringement of the 383 Patent)
(Against Both Defendants)
109. Caffeinate re-alleges and incorporates by reference all of the allegations in
paragraphs 1 through 108 as if fully set forth herein.
110. Defendants, jointly or severally, have been and are still infringing one or more
claims of the 383 patent by manufacturing, using, selling, importing, or offering for sale the
Wallet Ninja within the United States in violation of 35 U.S.C. 271,
111. Defendants had actual notice of the pending patents that ultimately issued as the
383 patent at least as early as February 6, 2013.
112. Defendants had constructive notice of the 383 patent at least as early as April 5,
2016 because Caffeinate marks its Pocket Monkey products with patent notices.
113. Defendants had actual notice of the 383 patent at least as early as February 22,
2016.
114. Defendants have profited and continue to profit from their manufacture, use, sale,
offers to sell, and importation of the Wallet Ninja.
115. Defendants infringement of the 383 patent is wanton, willful, and deliberate.
116. Caffeinate has suffered and continues to suffer damages and irreparable harm
because of Defendants infringement of the 383 patent.
COUNT TWO
22

(Infringement of the D091 Patent)

117. Caffeinate re-alleges and incorporates by reference all of the allegations contained
in paragraphs 1 through 116 as if fully set forth herein.
118. Defendants, jointly and severally, have been and are still infringing one or more
claims of the D091 patent by manufacturing, using, selling, importing, or offering for sale the
Wallet Ninja within the United States in violation of 35 U.S.C. 271,
119. Defendants had actual notice of the pending patents that ultimately issued as the
D091 patent at least as early as February 6, 2013.
120. Defendants had constructive notice of the D091 patent at least as early as June
17, 2014 because Caffeinate marks its Pocket Monkey products with patent notices.
121. Defendants had actual notice of the D091 patent at least as early as February 22,
2016.
122. Defendants have profited and continue to profit from their manufacture, use, sale,
offers to sell, and importation of the Wallet Ninja.
123. Defendants infringement of the D091 patent is wanton, willful, and deliberate.
124. Caffeinate has suffered and continues to suffer damages and irreparable harm
because of Defendants infringement of the D091 patent.
COUNT THREE
(Unfair Business Practices Section 43(a) of the Lanham Act 15 U.S.C 1125)
paragraphs 1 through 124 as though fully set forth herein.
126. Defendants, jointly and severally, have been and are still committing unfair
business practices in violation of in violation of 15 U.S.C. 1125, the Lanham Act.
23

127. Defendants actions include, without limitation, using in commerce, in connection
with goods or services false designations of origin, false or misleading descriptions of fact,
and/or false or misleading representation of fact, which have caused and continue to cause
confusion and mistake to the general public, and have deceived and continue to deceive as to the
affiliation, connection, or association of such person with another person, or as to the origin,
sponsorship, or approval of his or their goods, services, or commercial activities by another
person.
128. In addition, Defendants have in the past and continue to presently: misrepresent
the nature, characteristics, qualities, or geographic origin of his or her or another persons goods,
services, or commercial activities, in commercial advertising or promotions.
129. The above-described acts and practices by Defendants have and are likely to
continue to purposefully mislead or deceive the general public and therefore constitute unfair
competition under Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).
130. Defendants acted willfully and intentionally in claiming to be the worlds first flat
multipurpose tool, in disparaging the PocketMonkey, in enlisting their customers to disparage the
PocketMonkey, in falsely claiming that Caffeinate copied their design for a multipurpose tool,
when they knew the opposite was true, among other things.
131. The unlawful and fraudulent business practices of Defendants, as detailed
throughout this complaint, present a continuing threat to, and are intended to deceive members of
the public, in that Defendants continue to promote the Wallet Ninja by trading on the goodwill of
PocketMonkey, which was in fact developed, patented, and sold long before the Pocket Ninja
was purportedly developed, marketed, or sold.
24

132. Defendants knew of Caffeinates designs and patent pending status when they
purported to invent the Wallet Ninja. In fact, Defendants had discussed creating a partnership
with Caffeinate and/or licensing Caffeinates intellectual property for a multipurpose tool. When
Caffeinate rejected Defendants offers to license or partner, Defendants wrongfully
misappropriated Caffeinates proprietary intellectual property for themselves.
133. In doing so, Defendants obviated the need to invest their own time and money to
develop a multipurpose tool of their own. Instead, Defendants reaped the monetary benefits of
selling the infringing Wallet Ninja without having invested the time, effort, ingenuity and money
required to design a functioning, low profile, multipurpose pocket tool.
134. Defendants created and/or seized opportunities to publicly disparage the
PocketMonkey and to claim that they were in fact the first to invent a multipurpose pocket tool.
135. Caffeinate has been and continues to be irreparably harmed by Defendants
conduct; and Caffeinate lacks an adequate remedy at law to prevent such ongoing harm and
damage to its goodwill and reputation as well as that of the PocketMonkey.
136. Defendants by their own admission have profited from their false and misleading
advertising and unfair business practices.
137. Caffeinate has sustained monetary damages as a result of Defendants false and
misleading advertising and unfair business practices in an amount to be proven at trial.
138. Because Defendants actions have been willful, Caffeinate is entitled to recover
treble its actual damages or Defendants profits, whichever is greater, and to an award of costs,
and this being an exceptional case, reasonable attorneys fees pursuant to 15 U.S.C. 1117(a).
139. As a direct and proximate result of Defendants wrongful conduct, Caffeinate has
been injured in fact and has lost money and profits. Such harm will continue unless Defendants
25

acts are enjoined by this Court. Caffeinate has no adequate remedy at law for Defendants
continuing violation of its rights.
COUNT FOUR
(Unfair Business Practices in Violation of Mass. G.L. Ch. 93A)
141. Defendants, jointly and severally, have been and are still committing unfair and
deceptive business practices in violation of the laws of the Commonwealth and specifically in
violation of Mass. G.L. Ch. 93A.
142. Defendants were on notice of Caffeinates claims arising out of their conduct in
violation of Mass. G.L. Ch. 93A at least as early as February 22, 2016.
143. Defendants failed to respond to Caffeinates demands made pursuant to Mass.
G.L. Ch. 93A.
144. Defendants actions include, without limitation, using in commerce, in connection
with goods or services, false designations of origin, false or misleading descriptions of fact,
and/or false or misleading representations of fact, which have caused and continue to cause
confusion, mistake, and have deceived and continue to deceive consumers and the public as to
the affiliation, connection, or association of such person with another person, or as to the origin,
sponsorship, or approval of their goods, services, or commercial activities by another person.
145. In addition, Defendants have in the past and continue to presently: misrepresent
the nature, characteristics, qualities, or geographic origin of their goods, services, or commercial
activities, in commercial advertising or promotion.
26

146. The above-described acts and practices by Defendants are likely to mislead or
deceive the general public and therefore constitute unfair competition under Mass. G.L. Ch. 93A.
147. Defendants acted willfully, knowingly and intentionally in claiming to be the
worlds first multipurpose tool, in disparaging the PocketMonkey, in actively enlisting their
customers to disparage the PocketMonkey, in falsely claiming that Caffeinate copied their design
for a multipurpose tool, when they knew the opposite was true, among other things.
148. The unlawful and fraudulent business practices of Defendants, as detailed
throughout this complaint, present a continuing threat to, and are meant to deceive members of
the public, in that Defendants continue to promote the Wallet Ninja by trading on the goodwill of
PocketMonkey, which was in fact the developed, patented, and sold by Plaintiffs long before the
Pocket Ninja was purportedly invented, marketed, or sold.
149. Defendants knew of Caffeinates designs and patent pending status when they
purported to invent the Wallet Ninja. In fact, Defendants had proposed a partnership with
Caffeinate and/or licensing Caffeinates intellectual property for a multipurpose tool. When
Caffeinate rejected Defendants offers to license or partner, Defendants wrongfully
misappropriated Caffeinates proprietary intellectual property for their own gain.
150. In doing so, Defendants obviated the need to invest their own time and money to
develop a multipurpose tool of their own. Instead, Defendants reaped the monetary benefits of
selling the infringing Wallet Ninja without having invested the time, effort, ingenuity and money
required to design a functioning, low profile, multipurpose pocket tool.
151. Defendants created and/or seized opportunities to publicly disparage the
PocketMonkey and to claim that they were in fact the first to invent a multipurpose pocket tool.
27

152. Caffeinate has been and continues to be irreparably harmed by Defendants
conduct; and Caffeinate lacks an adequate remedy at law to prevent such ongoing harm and
damage to its goodwill and reputation as well as that of the PocketMonkey.
153. Defendants have wrongfully gained profits by virtue of their false, deceptive and
misleading advertising and unfair business practices.
154. Caffeinate has sustained monetary damages as a result of Defendants false,
deceptive and misleading advertising and unfair business practices in an amount to be
determined at trial.
155. As a result of Defendants willful conduct as aforesaid, Caffeinate is entitled to
recover punitive damages in an amount double or treble the actual damages assessed or
Defendants profits, whichever is greater, and to an award of costs and reasonable attorneys fees
pursuant to Mass. G.L. Ch. 93A.
156. As a direct and proximate result of Defendants wrongful conduct and unfair or
deceptive acts or practices, Caffeinate has suffered actual damages and has lost money and
profits. Such harm will continue unless Defendants conduct is enjoined by this Court.
Caffeinate has no adequate remedy at law for Defendants continuing violations of its rights.
COUNT FIVE
(Interference with Advantageous Business Relations)
157. Caffeinate re-alleges and incorporates by reference the allegations in paragraphs 1
through 156 as if fully set forth herein.
158. By their conduct alleged herein, Defendants have wrongfully interfered with
Caffeinates advantageous business relations with its customers, its suppliers, its resellers, and
others with whom Caffeinate does business. By posting disparaging remarks about Caffeinates
28

products, proactively encouraging their followers to disparage Caffeinates products, claiming to
manufacture and distribute the worlds first 100% flat multi-tool, among other things,
Defendants have wrongfully interfered with Caffeinates business relationships.
159. Defendants knew that Caffeinate was marketing and selling the PocketMonkey
and that Caffeinate enjoyed an economic benefit from those sales.
160. Defendants knew that Caffeinate had customers and other business relationships
with third parties.
161. Defendants motives were improper, wrongful and unlawful.
162. Caffeinate lost sales and goodwill in an amount to be determined at trial as a
proximate result of Defendants lies regarding, among other things: (1) who was first to market
with a 100% flat multi-tool; (2) who copied whose intellectual property.
COUNT SIX
(Commercial Disparagement)
164. Defendants are known to have published false statements in the following places:
(1) the packaging for their Wallet Ninja tool; (2) on the Xander Experience Facebook page;
(3) on the ThinkGeek website; and (4) in interviews in print and video mediums available on the
Web.
165. Defendants false statements were harmful to Caffeinate and its owner Nathan
Barr.
166. Caffeinate suffered pecuniary loss and loss of its goodwill in an amount to be
determined at trial.
29

167. Defendants intended to harm Caffeinate by virtue of their false statements.
168. Defendants knew their statements were false at the time they were made.
169. Defendants acted with reckless disregard for the truth or falsity of the statements
made and described herein.
COUNT SEVEN
(Unjust Enrichment)
171. As a result of the aforesaid conduct, Defendants have been unjustly enriched to
Caffeinates detriment. Caffeinate seeks a full accounting and disgorgement of all ill-gotten
gains and profits resulting from Defendants inequitable activities.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Caffeinate Labs, Inc., respectfully requests relief as follows:
A. A declaratory judgment that Vante and/or Shlaferman has infringed one or more of the
claims of the asserted patents;
B. An order for injunctive relief and final judgment preliminarily and permanently enjoining
Shlaferman and Vante and its officers, directors, agents, servants, employees, affiliates,
attorneys, and all others acting in privity or concert with them, and their parents, subsidiaries,
divisions, successors and assigns, from further acts of infringement of Caffeinates asserted
patents;
C. A judgment awarding Caffeinate monetary damages adequate to compensate for
Defendants infringement of Caffeinates asserted patents, and a reasonable royalty based on
30

Defendants sales of infringing products, as well as all pre-judgment and post-judgment interest
at the maximum rate permitted by law;
D. A judgment awarding Caffeinate punitive damages including treble damages based on
any infringement found to be willful, pursuant to 35 U.S.C. 284, together with prejudgment
interest;
E. Judgment for actual damages suffered by Caffeinate as a result of Defendants unlawful
conduct, in an amount to be determined at trial, as well as prejudgment interest as authorized by
law;
F. Reasonable funds for corrective advertising;
G. An accounting of Defendants profits pursuant to 15 U.S.C. 1117;
H. A judgment trebling any damages award pursuant to 15 U.S.C. 1117;
I. Punitive damages and injunctive relief pursuant to Mass. G.L. Ch. 93A;
J. Restitution relief against Defendants and in favor of Caffeinate, including disgorgement
of wrongfully obtained profits and other appropriate relief;
K. Costs of suit and reasonable attorneys fees; and
L. Any other relief to which Caffeinate is entitled under any state or federal law.
DEMAND FOR JURY TRIAL
Caffeinate Labs, Inc. demands a jury trial for all issues so triable.
CAFFEINATE LABS, INC.
By its attorneys,
/s/ Anne-Marie Dinius

Anne-Marie Dinius BBO# 647556
amdinius@amdiniuslaw.com
AMDinius Law
101 Great Road, #119
Bedford, MA 01730
31

(650) 814-0810
Jonathan Braverman
JonathanB@BBB-lawfirm.com
Baker, Braverman & Barbadoro
300 Crown Colony Dr #500
Quincy, MA 02169
(781) 848-9610
Dated: February 9, 2017

CERTIFICATE OF SERVICE
I hereby certify that this document filed through the ECF system will be sent electronically to the
registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies
will be sent to those indicated as non-registered participants on February 9, 2017.
/s/ Anne-Marie Dinius
Anne-Marie Dinius
32

EXHIBIT A
Case 1:16-cv-12480-GAO Document 15-1 Filed 02/09/17 Page 1 of 13
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT C
US00D707091S
(12) United States Design Patent do Patent No.: US D707,091 S

Barr (45) Date of Patent: : Jun. 17, 2014
(54) UTILITY TOOL D544,768 S + 6/2007 Book ............................... D8/40
D586,645 S + 2/2009 Lee ......... . D8/103
- - e - D613,138 S + 4/2010 Salvino ............................ D8/18
(71) Applicant: ut. Labs, Inc., Somerville, MA D680,700 S + 4/2013 Ung ....................... D32/46
(US) D685,620 S + 7/2013 Wysoczynski et al. ... D8/40
D687,287 S + 8/2013 Yu Chen ................ ... D8/98
(72) Inventor: Nathan G. Barr, Somerville, MA (US) D692,288 S + 10/2013 Locklear .......................... D8/98
(73) Assignee: Caffeinate Labs, Inc., Somerville, MA * cited by examiner
(US) Primary Examiner Elizabeth Albert
(**) Term: 14 Years (74) Attorney, Agent, or Firm Stanley F. Chalvire; Morse,
Barnes-Brown & Pendleton, P.C.
(21) Appl. No. 29/450,200 (57) CLAIM
(22) Filed
1IeCl.
Mar. 15, 2013
ar. 15,
The ornamental design for a utility tool, as shown and
described.
? Cl. 0805 DESCRIPTION
(58) foi - - - - - ificat- - - - - -s - - - - - - - h- - - - - - - - - - - - - - - - - - - - - - - - D8/16 FIG. 1 is &l perspective view of a first embodiment of the utility
Ield 01 UIa?SITIcal IOIn Searc tool.
USPC ........ D8/16, s 3. * s s s s

FIG. 2 is a top plan view of a first embodiment of the utility
tool.
See application file for complete search history. FIG. 3 is a bottom plan view of a first embodiment of the
e utility tool.
(56) References Cited FIG. 4 is a left side view of a first embodiment of the utility
|U.S. PATENT DOCUMENTS tool. . . . . .. . - -- -
FIG. 5 is a right side view of a first embodiment of the utility
D45,815 S + 5/1914 Marion ............................ D8/17 tool.
D126,253 S : !5/1984
D273,757 S
1941 Smiley ............................. : 18
Evans .............................. D8/18
FIG. 6 is a front plan view of a first embodiment of the utility
5 tool;- and
D306.124 S + 2/1990 Hoilien ............................ D8/18 *- - - -- -
5,437,074 A * 8/1995 W. al. . ... 15/105 FIG. 7 is a back plan view of a first embodiment of the utility
D362,168 S + 9/1995 Mancini ........................... D8/98 tool.
D435,422 S + 12/2000 Schimmel .... ... D8/104
D496,240 S + 9/2004 Sandelius ........................ D8/38 1 Claim, 5 Drawing Sheets
EXHIBIT C
U.S. Patent Jun. 17, 2014 Sheet 1 of 5 US D707,091 S
FIG. I.
EXHIBIT C
FIG. 2
FIG. 3
EXHIBIT C
FHG. 4 FIG. 5
EXHIBIT C
FIG. 6
EXHIBIT C
FIG. 7
EXHIBIT D
5/27/2015 CaffeinateLabsMailplus
NathanBarr<nate@caffeinatelabs.com>
plus
4messages
VanteToys<vantetoys@gmail.com> Tue,Jan29,2013at1:40PM
To:nate<nate@caffeinatelabs.com>
We'reprintingcatalogsforToyFair.I'llbemeetingwithagoodamountofmybuyersduringTFandcanshowit
tothemthenandthere.IcangetthisinmycatalogwithafewotheritemsI'mshowingthem.Ourwholecatalog
isonlyabout5itemssoeachonegetsspecialattention.
TrulyYours,
AlexShlaferman|www.vantetoys.com|#7183325584|fax7185680258
LikeusonFacebook!www.facebook.com/VanteToys
NateBarr<nate@caffeinatelabs.com> Sat,Feb2,2013at5:31PM
To:VanteToys<vantetoys@gmail.com>
HeyAlex,
Itwasgreatmeetingwithyouaswell.Ihavenothadadequatetimetorespond,butwantedtogetbacktoyou
onthecatalogoffer,asIdon'twanttoholdupyourprinting.Idon'tthinkthisisagoodfitforyourcatalog.Don't
getmewrongyouhavesomeawesomeproducts,butIthinkthisproductonlyfeelslegit/premiumwhenit
appearstobeanauthentictool.Iworrythatputtingitnexttotoys(againgreatproducts)setsthewrongtone.
Cheers,
Nate
[Quotedtexthidden]

NateBarr
Creator
www.zootilitytools.com
M:4138831788
P:8189255384

"Theinformationcontainedinthismessagemaybeprivilegedandconfidential.Itisintendedtobereadonlyby
theindividualorentitytowhomitisaddressedorbytheirdesignee.Ifthereaderofthismessageisnotthe
intendedrecipient,youareonnoticethatanydistributionofthismessage,inanyform,isstrictlyprohibited.If
youhavereceivedthismessageinerror,pleaseimmediatelynotifythesenderanddeleteordestroyanyandall
copiesofthismessage"

VanteToys<vantetoys@gmail.com> Sat,Feb2,2013at6:21PM
To:NateBarr<nate@caffeinatelabs.com>
Iunderstandyourbrandandyourintegrityandwouldn'tdoanythingtocompromisethatvalue.Don'tworryabout
thecatalog.Itisnotessentialtopresentingthisitem.
You'veheardeverythingI'vehadtosayandIhopeyourealizemycredibility.Pleasetrytogetananswerforme
inthenextdaysifpossible.
https://mail.google.com/mail/b/357/u/0/?ui=2&ik=5c1a975353&view=pt&q=Alex%20vantetoys%40gmail.com&qs=true&search=query&th=13c879c468760ce6& 1/2
EXHIBIT D
5/27/2015 CaffeinateLabsMailplus
Thinklongterm.Wearenotbuildingaproductwearebuildingacompanyandyouneedapartnerwhoisfully
capableonallendsstrategically,creatively,andtechnically.Iamyouronestopshop.Thisiswhatyouneed
evenifyoudon'trealizeityet.TrustmetodothisforyouandIwilltakeyouandyourproductwhereyou've
neverdreamedof.
Iwantalongtermrelationshipwherewecancontinuepumpingoutproductsandgetintoacyclewiththese
storeswithyourbrandwherewecanpredicttheirexactorderingschedule.
Withmyguidanceandyouringenuitywecanmakeashitloadofmoney.Itakethatback,weWILLmakea
shitloadofmoney.
Justgivemethegreenlightandlet'swork.
PleaseexcuseanymistakesthisemailwassentfrommyiPhone.
[Quotedtexthidden]
NateBarr<nate@caffeinatelabs.com> Thu,Dec19,2013at12:55PM
To:ChrisBent<chris@caffeinatelabs.com>
Emailstring1
[Quotedtexthidden]
NateBarr
Creator
www.zootilitytools.com
Mobile:4138831788
Office:8189255384

"Theinformationcontainedinthismessageisprivilegedandconfidential."

https://mail.google.com/mail/b/357/u/0/?ui=2&ik=5c1a975353&view=pt&q=Alex%20vantetoys%40gmail.com&qs=true&search=query&th=13c879c468760ce6& 2/2
9/10/2015 (28)WowIfeelflatteredthatIwasknockedoffso...TheXanderExperience
23 5
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Searchforpeople,placesandthings Home 20+ Nate
toTheChristmasSongon
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November30at2:12pm 27mutualfriends
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help.After6monthsofdevelopment,sweat,passionandtears,ThinkGeekneedstoknowthisisnot
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MagliteLedUpgradestheywillcopyanythingitsnotrightcorporategreed
MichelleMMccormackdone
ChrisBentSotheWalletNinjacameoutlastDecember?Weirdnobodyknewaboutituntilsixmonthsafter...
http://www.kickstarter.com/.../pocketmonkeythewallet...
PocketMonkey:TheWalletUtilityTool
www.kickstarter.com
12ToolsAllthesizeof1creditcard.Includesbottleopener,screwdrivers,
wrenches,orangepeeler...
aboutanhouragoLike
Writeacomment...
file:///C:/Users/Zootility/Desktop/Legal/Wallet%20Ninja/Xander%20Facebook%20Incident/(28)%20Wow%20I%20feel%20flattered%20that%20I%20was%20knocked%20off%20so...%20%20The%20Xander%20Experience.html 2/2
9/10/2015 ThinkGeek::PocketMonkey12in1PocketTool

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Plus,itlookslikeamonkey!
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NoteveryoneinreallifeislikeRossGellerwithalittleMarcelasabestfriendtohelpwithtasks,keepthemcompany,
andgenerallyjustbeawesome.Butifyoudidhaveamonkey,whattypesofthingswouldyouhaveitdo?Grabyoua
SHOPBYINTEREST: beer?Openmail?Peelyourbananas?Actually,thatmightbetrickysincemonkeyslovebananas.
StarWars
Well,althoughitsnotareal,furrymonkey,thisstainlesssteelPocketMonkey12in1toolmightjustbeabletohelp
DoctorWho
yououtwithafewofthosetasks.Thislight,creditcardsizedtoolfeaturesacoupleofuniquefeaturesnotfoundin Hazard4PatrolPack
StarTrek
othermultitools.Justinsertyourcreditcardandmakeitaphonestand.Ithasabottleopener,flatscrewdriver,micro
Minecraft screwdriverforuseonglassesorkids'toys,adoorlatchslip,letteropener,hexwrench(workson5differentsizes),
Portal Phillipsheadscrewdriver,orangepeeler,banananicker(forsquishybananatops),ruler(Englishandmetric),and
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BigBangTheory 12in1PocketToolwithamonkeyhead
Firefly Has12functions:Phonestand,bottleopener,flatandPhillipsheadscrewdrivers,microscrewdriver,hex
LEGO wrench,banananicker,orangepeeler,doorlatchslip,letteropener,ruler(Englishandmetric),andstraight
iPhoneStuff
edge
iPadStuff
Uniqueandfunctionalgiftforeveryonetohave
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Materials:Heattreatedstainlesssteel
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Dimensions:3"longx2"widex.1"thick
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63comments
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PosttoFacebook PostingasNateBarr(Change) Comment
EugeneKomissarov FollowOwneratOilGorillas
CustomerActionShot Theresnowayyoucankeepthatthinginyourwallet.PocketNinjaiscertainlyabetterwaytogo.
Reply 8LikeFollowPostNovember30at3:52pm
ChrisBentPicklepickeratPiccles
It'sactuallyexactlythesizeofacreditcard,soitfitsrightinyourwalletifcreditcardsfit.
ReplyLikeaboutanhourago
MarkWolfBocaRaton,Florida
IpreferaWalletNinja
ElonaKarafinFounderatCheckmate,Cancer
goodtryguysbutIwouldrathergetaWalletNinjahttp://www.thinkgeek.com/product/1708/
VickPopSUNYBuffalo
IhaveOCDandafterIreadthatthisthinglookslikeamonkey,Iwasforcedtotrytofindtheresemblanceforan
hour.NowIseeit,itsanobesemonkeywithseveregeneticdisfigurement.Waytoopointyforme,Iwould
definitelygowithwalletninjainstead.http://www.thinkgeek.com/product/1708/
SaraFurshmanWorksatDoshiDiagnostics
LMFAOOOOOOOOOOOOOOOIamdead.Thatmonkeyfreaksmeouttoo!Walletninjaisthe
waytogo
Reply 1LikeNovember30at5:47pm
KirillFineBrooklyn,NewYork
wackstuffIpreferaWalletNinjaoveramonkey:/http://www.thinkgeek.com/product/1708/
EmmanuelMannyKMidwoodHighSchool
IpreferaWalletNinjahttp://www.thinkgeek.com/product/1708/
NoamNGGaieroCUNYKingsborough
Pocketmonkeyisgay,walletninjaalltheway!
Reply 3LikeFollowPostEditedNovember30at5:22pm
JoeSuchowliskiNewark,Delaware
ipreferwalletninjahttp://www.thinkgeek.com/product/1708/
GalaAbayevaEdwardR.MurrowHighSchool
Ipreferawalletninjahttp://www.thinkgeek.com/product/1708/
BrianVolfovskiy FollowCEO&FounderatRoyalTriumphNYC
JoseDonQMirandaWorksatNewYorkCityDepartmentofSanitation
WalletNinjaisamusthave.Whatisthismonkeyknockoff?
VinnieHernandez Follow
IpreferaWalletNinja.
SabrinaNov
Ipreferawalletninja
VitaliyBeeHunterCollege
Walletninjaisawesome,welldesigned,andextremelyuseful.Thisissomecheapknockoff.Ipreferawallet
Walletninjaisawesome,welldesigned,andextremelyuseful.Thisissomecheapknockoff.Ipreferawallet
ninjaoverthispocketgarbageanydayhttp://www.thinkgeek.com/product/1708/
RyanSchmidtWorksatUtopiaNY
pocketmonkeyisabadinvestment,thewalletninjasarecheaperandhigherquality.maketherightchoice
http://www.thinkgeek.com/product/1708/#tabs
ShannonHelmke
WACK.IprefertheORIGINALWalletNinja!http://www.thinkgeek.com/product/1708
DaniellaSmolyanskyNewYork,NewYork
IpreferaWalletNinjaoverthis,it'ssomuchbetterandmoreefficient!http://www.thinkgeek.com/product/1708/
GabrielleGleyberman
i'dratherhaveawalletninja..http://www.thinkgeek.com/product/1708/
KarenBrodmanJamesMadisonHighSchool
Ipreferwalletninjahttp://www.thinkgeek.com/product/1708/
RickySmith FollowNewYork,NewYork
IpreferaWalletNinjahttp://www.thinkgeek.com/product/1708
JessieToib FollowMarketingatDELACQUASALON&SPA
JgShantauBrooklyn,NewYork
IpreferaWalletNinjaoverthiscraphttp://www.thinkgeek.com/product/1708/
ReginaIngridYakobson
Iagreewiththecommentsbelow...Ipreferthewalletninjaoverthisknockoff.Sorrybutthiscan'teven
compare!
VictoriaWells FollowEventCoordinatoratDiningEngagementGroup552subscribers
JillianAmorosoAerieSalesAssociateatAmericanEagleOutfitters
EricEscobarWorksatTimeWarnerCable
TamiEisenreich
JoshGreenWorksatTwinOaksCountryDaySchoolandCamp
IlyaHuyaksMelikhovNewYork,NewYork
IpreferaWalletNinjaoveramonkey:/http://www.thinkgeek.com/product/1708/
EugeneBaranovskiyConsoleOperatoratBrookdaleuniversityhospital
Ibuiltmyironmansuitwithawalletninjahttp://www.thinkgeek.com/product1708
ChrisByersCarpenterLodi,Ohio
Ipreferawalletninjahttp://www.thinkgeek.com/product/1708/
RichardPrattMarketing&SalesDirectoratHeadofSalesRobertComstock
WalletNinja>PocketMonkey+PocketMonkeysoundslikewell...
EugeneBaranovskiyConsoleOperatoratBrookdaleuniversityhospital
ThisthingbrokewhenItriedtofixmytoilet
MarinaGolyshevaCUNYBrooklyn
Ipreferawalletninja!!!!!!!
AntonLeksinSUNYAlbany
IpreferWalletNinja!
Ash FollowBrooklyn,NewYork
Ipreferawalletninja
GarySulkisLeonM.GoldsteinHighSchoolfortheSciences
IpreferaWalletNinja
DmitryTroshinAssociateWebServicesDeveloperatRadioSystemsCorporation
soiwanttomakesureigetthisright...notonlydoesthisdeathtrapcostmorebutithaslesstoolsandsharp
edges....
http://www.thinkgeek.com/product/1708/hasmoretools.costsless.andhasamuchsmallerchanceofstabbing
yourlegs..yeahidunnoaboutthisoneguys
ReplyLikeFollowPostDecember4at2:46pm
DmitryTroshinAssociateWebServicesDeveloperatRadioSystemsCorporation
ooooijustnoticedthatthesellingpointisitlookslikeamonkey...ifindthatdemeaningtowardsthe
customersinsomeway
ReplyLikeDecember4at2:47pm
jesusmatias(signedinusingHotmail)
don'tbythisJUNK!!IpreferWalletNinja!thisisaripoff
MeeluhnBlancSays Follow147subscribers
WalletNinja>PocketMonkey
ReplyLikeFollowPostDecember6at9:49am
KevinLove FollowEdwardR.MurrowHighSchool
IpreferaWalletNinja.http://www.thinkgeek.com/product/1708/
NickyGuslerKingsboroughCommunityCollege
howwouldIputthatinmypocket,it'llbesouncomfortableandmayevencutme!Ipreferthewalletninja,fits
rightinsidemywalletandalwaystherewhenIneedit.http://www.thinkgeek.com/product/1708/
ReplyLikeFollowPostNovember30at7:11pm
GurparshadSinghSran
Completelyunoriginal.GetaWalletNinjahttp://www.thinkgeek.com/product/1708/
ReplyLikeFollowPostEditedDecember1at10:40am
DanWeis TopCommenterCarlsbad,California
LookslikeabiteofftheWalletNinjaanditisalsomoreexpensive.
http://www.thinkgeek.com/product/1708/
MichelleMMccormack Follow TopCommenterDigitalDirectoratLoveTheCool1,999subscribers

ReplyLikeFollowPostEditedNovember30at10:12pm
ElaineEmery
ThiswasnotTSAcompliant.IboughtoneformyhusbandanditwasconfiscatedbyTSA
JoeNuBrooBrooklyn,NewYork
Onlya12in1?I'dgowiththe16in1!GetthatWalletNinjatodaybaby!Thisisobviouslyaknockoff...
AlanWilliams TopCommenterTeamleaderatInternationalSportsManagement
Looksmorelikearhinotome.
ElizabethMt
WalletNinjaissomuchbetterWTFisthis
JulianaRosina
IpreferaWalletNinja
JoyCohn Follow
WouldthisgetsnaggedataTSAcheckpoint?
JonBaylor TopCommenterClevelandProfessionalBartendingSchool
Idon'tthinkso,itsaystsacompliantunderthedescription.
ReplyLikeNovember29at10:53pm
EricChavesPasadenaCityCollege
Weneedmoremonkeys
ElonaKarafinFounderatCheckmate,Cancer
weneedmorewalletninjashttp://www.thinkgeek.com/product/1708/
RachelSosunovKingsboroughCommunityCollege
def.morewalletninjas!
View48more
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ThinkGeekisa Company
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Beverly, MA 01915-6121
Tel: (978) 274-7066
Fax: (978) 274-7066

Anne-Marie Dinius, Esq. (978) 274-7066 amdinius@westhillcounsel.com

December 21, 2015
Via Certified Mail, Return Receipt Requested
Vante Inc.
134 Bay 26 Street
Brooklyn, NY 11214
Attn: Aleksandr Shlaferman, CEO
Re: Notice of Pending Patent Application
Dear Mr. Shlaferman:
We represent Caffeinate Labs, Inc., d/b/a Zootility Tools (Caffeinate) in connection with
protecting its intellectual property rights. We are writing to notify you that Caffeinate was
recently granted patent protection for its PocketMonkey tool. We have enclosed a copy of U.S.
Patent Application No. 14/090,980 (980 patent application) as well as a copy of the issued
claims. We believe that these claims cover the Wallet Ninja product, currently being sold by
Vante Inc. directly and through third-party resellers and distributors.
The 980 patent application has a priority date of November 28, 2012. You may recall that you
and Mr. Nathan Barr, the inventor of the claims in the 980 patent application, initially met in or
about January of 2013. During that initial meeting, and in subsequent discussions, he shared his
designs and the ideas captured in the 980 patent application with you. He also notified you that
his inventions were patent pending. You and he discussed a potential business relationship
wherein you would license his inventive ideas and market a product based upon them.
Ultimately, you and Mr. Barr were not able to reach a business agreement. Thereafter, you
began copying the innovative designs and functionality captured within the 980 patent
application. You incorporated the designs and functionality into your Wallet Ninja product line.
Not only does the Wallet Ninja directly copy the ideas embodied within the issued claims of the
980 patent application, you have made public statements accusing Caffeinate of knocking off
your Wallet Ninja. Quite the contrary is true. You have encouraged your followers on Facebook
to provide negative reviews, feedback, and otherwise make disparaging comments about
Caffeinates PocketMonkey product. These actions are false, misleading, and harmful to
Caffeinates business and consumers generally. Moreover, these actions violate Massachusetts
General Laws, Chapter 93A, which prohibits unfair and deceptive business practices.
This is a demand letter pursuant to Massachusetts General Laws, Chapter 93A requesting that
you cease and desist from making any further false, misleading or disparaging statements about
Caffeinate or any of its products or personnel. Likewise, Caffeinate further requests that you
December 21, 2015
Page 2
refrain from encouraging any of your followers on any social media platform from doing the
same.
With respect to Caffeinates issued patent claims, we request the opportunity to meet with you to
discuss these claims and your Wallet Ninja product line.
Sincerely yours,
/s Anne-Marie Dinius
Attorney for Caffeinate Labs, Inc.
Cc: Caffeinate Labs, Inc.

Enc. U.S. Patent Application No. 14/090,980 and attendant issued patent claims.
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SHOP BY RECIPIENT Outfit any wallet with 18 useful, everyday tools with the Wallet
Ninja.
For Kids
This perfectly flat multi-tool packs six wrenches, four screwdrivers,
For Her two rulers, a cellphone stand, a bottle opener, a can opener, a MicroMax Keyring Multi-
Tool
For Him letter opener, a box cutter, and a fruit peeler into a single piece of $10.99
steel the size of a credit card.
SHOP BY PRICE
The TSA-approved Wallet Ninja boasts a lifetime guarantee to
never rust, bend, or dull.
Under $10
From $10 to $20 Made from 4X heat-treated steel, Wallet Ninja is thinner than two Headgehog Multi-tool
credit cards and will fit into any wallet. $11.99
From $20 to $40
Over $40 For people who like: bottle openers, christmas gifts for him,
father's day, gifts for him, mini stuff, stocking stuffers
View All
Buy a Gift Card
Features & specs
RECENTLY VIEWED
Dimensions: 3.25" x 2.125" x 0.06" (size of a credit card)
Material: 4X heat treated steel
Wallet Ninja 1.5mm thick, completely flat
Fits in your wallet
Includes 18 tools
Lifetime guarantee to never rust, bend, or dull
TSA approved for carry-on during flight
Works as a cellphone stand
Watch our Wallet Ninja video
18-in-1 multi-tool the size of a credit card!
YouTube 3M
Love our videos? Please subscribe to our YouTube channel:
Infinitely useful, always accessible

The Wallet Ninja sports eighteen useful, everyday tools that fit into a metal rectangle the size of a credit
card.
Keep this multi-tool in your wallet and you'll always be prepared to slice open that cardboard box from
Vat19 full of curiously awesome products!
The Wallet Ninja features a bevy of useful tools that will always be at-the-ready!
18 reliable, functional tools in the size of a credit

card
1. Inch ruler 10. #12 Hex

2. Screwdriver 11. #8 Hex
3. Bottle opener 12. #4 Hex
4. Can opener 13. Screwdriver
5. Peeler 14. Cellphone stand
6. Screwdriver 15. Box opener
7. #2 Hex 16. Letter opener
8. #6 Hex 17. Eyeglass screwdriver
9. #10 Hex 18. cm ruler
Despite being completely flat and the size of a credit card, the Wallet Ninja boasts 18 useful tools.
Super thin, yet super strong

The Wallet Ninja is made from 4X heat-treated steel. So despite being only 1.5mm thick, it's incredibly
strong. You can't bend this sucker it's as solid as steel (because it's solid steel).
At a mere 1.5mm thick, the Wallet Ninja is thinner than two credit cards.
Guaranteed to last a lifetime

The manufacturer backs the Wallet Ninja with a lifetime guarantee. It will never rust, bend, or dull!
The Wallet Ninja is made from heat-treated steel that is guaranteed to never rust, bend, or dull.
Clever, useful tools

Our two personal favorites on the Wallet Ninja are the box opener (to get at all the goodies we buy online)
and the cellphone stand.
Slide a credit card through the specially-designed slot and showcase the latest amazing video you've
found online.
With the help of a credit card, you can transform the Wallet Ninja into a smartphone stand.
Wallet Ninja travels well!

The absence of sharp edges and its small size has earned the Wallet Ninja the distinction of being TSA-
approved. You are hereby cleared to carry the Wallet Ninja aboard your next flight.
The Wallet Ninja is one of very few multi-tools approved by the TSA!
Open stuff in a pinch!

In addition to six hex wrenches and four screwdrivers, the Wallet Ninja is packed with eight other everyday
tools. These include a bottle opener, can opener, letter opener, box cutter, inch and centimeter rulers, the
aforementioned cellphone stand, and a fruit peeler!
The Wallet Ninja includes a convenient bottle opener and a serviceable can opener in a pinch.
Frequently Asked Questions

Question: It looks like it has a lot of sharp edges. Will it cut me?
Answer: No. The Wallet Ninja is designed to cut boxes and letters but not your hand.
Question: Can I take it on the plane?
Answer: Yes, it's TSA approved!
Question: I put my wallet in my back pocket. Is it going to bend?
Answer: Nope! The Wallet Ninja is made from 1.5mm of steel and is guaranteed to never bend, rust, or
dull.
Can't live without it?

Smash that 'Add to Cart' button!
$9.99
Add to Cart
Burning Questions: You Ask, We Answer

Your questions that have been answered by the Vat19.com staff:
Sort by: Most Recent Show Only: Helpful Off-topic Update
Q: I have a paper wallet will this cut it?
A: We highly doubt it.

Was this question helpful? Yes No
Q:1:16-cv-12480-GAO
Case Hey Vat19! My Document
big brother
15-14 just
Filedgot me one
02/09/17 Page of
8 ofthese
for an early Christmas
11
present and I am in high school. Is it safe to bring to school?
A: You'll have to ask your faculty. Every school has its own set of rules and
regulations regarding what is or isn't allowed.
Q: Can it cut you?
A: No. It would require a lot of deliberate effort on your part to hurt yourself with the
Wallet Ninja.
Q: Do you accept cash on delivery?
A: We do not accept CODs. All orders must be paid in full when you check out
online.
Q: Can I take this on a long haul flight from Canada to Asia? I would think
that Canadian air port security has different policies then American.
A: We don't know. You will have to contact your country's airport security and find
out. We haven't heard of any issues involving Wallet Ninjas and airport security, but
if you have any doubts then you should probably just leave it at home.
Q: What is the use of the two round holes near the ruler?
A: They don't have a specific use but we're sure you can figure out something. If it
helps, they're both exactly 1 inch apart.
Q: How long does the tool last?
A: Forever. It's a solid piece of steel.

Q: Does the wallet ninja pro have everything the original one does?
A: And then some! We list the features of both on their respective pages, so you
can compare the differences and similarities.
Q: If I were to bring it to school, like as in all schools in general in the US,

would I get in trouble?
A: Probably not. You'll have to check with your school's rules.

Q: Does wallet ninja prevent credit card number theft?
A: No it does not.
Q: I have a paper wallet will this cut it?
A: We highly doubt it.

Q:1:16-cv-12480-GAO
Case Hey Vat19! My Document
big brother
15-14 just
Filedgot me one
02/09/17 Page of
9 ofthese
for an early Christmas
11
present and I am in high school. Is it safe to bring to school?
A: You'll have to ask your faculty. Every school has its own set of rules and
regulations regarding what is or isn't allowed.
Q: Can it cut you?
A: No. It would require a lot of deliberate effort on your part to hurt yourself with the
Wallet Ninja.
Q: Do you accept cash on delivery?
A: We do not accept CODs. All orders must be paid in full when you check out
online.
Q: Can I take this on a long haul flight from Canada to Asia? I would think
that Canadian air port security has different policies then American.
A: We don't know. You will have to contact your country's airport security and find
out. We haven't heard of any issues involving Wallet Ninjas and airport security, but
if you have any doubts then you should probably just leave it at home.
Q: What is the use of the two round holes near the ruler?
A: They don't have a specific use but we're sure you can figure out something. If it
helps, they're both exactly 1 inch apart.
Q: How long does the tool last?
A: Forever. It's a solid piece of steel.

Q: Does the wallet ninja pro have everything the original one does?
A: And then some! We list the features of both on their respective pages, so you
can compare the differences and similarities.
Q: If I were to bring it to school, like as in all schools in general in the US,

would I get in trouble?
A: Probably not. You'll have to check with your school's rules.

Q: Does wallet ninja prevent credit card number theft?
A: No it does not.
Load More Burning Questions...

Want to ask your own Burning Question?
First, please watch the video to the right. It explains the Burning Question
feature and answers some common questions.
Now, if there is something that you need to know about this product that
we've omitted, please send us an anonymous question and we promise to
answer it within 1 business day.
Enter your question here. 250 characters max,

please.
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Please excuse the shameless cross promotions!
Key Ninja Keychain Wallet Ninja

Keychain Screwdriver Set Skate
Neatly organizes Miniature Phillips A credit card-

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Caffeinate Labs v. Vante - Amended Complaint

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Caffeinate Labs v. Vante - Amended Complaint

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Case 1:16-cv-12480-GAO Document 15 Filed 02/09/17 Page 1 of 32

UNITED STATES DISTRICT COURT

CAFFEINATE LABS, INC.,

FIRST AMENDED COMPLAINT

Alexander Shlaferman (collectively Defendants) for the foregoing reasons:

1. Plaintiff, Caffeinate Labs, Inc. (Caffeinate) is a corporation organized and

business at 170 Anderson Street, Portland, Maine 04101.

3. Alexander Shlaferman, a/k/a Alex Xander, is an individual whose last known

address is 134 Bay 26 Street, Brooklyn, New York 11214.

JURISDICTION AND VENUE

advantageous business relations, and unjust enrichment.

purposefully availed themselves of the privilege of conducting business in this District.

7. Since learning about Plaintiffs innovative and patented designs on or about

under the name of Wallet Ninja.

not limited to, Staples, Office Depot, Walgreens and Walmart.

Amazon.com, Walmart.com, Staples.com, Walgreens.com, and Office Depot.

CAFFEINATES PATENT PORTFOLIO

the size of a credit card.

(10) a letter opener; (11) a ruler; and (12) a straight edge.

required precision cuts within the body of the multifunctional tool.

Barr settled on the design that ultimately became the PocketMonkey.

accurate copy of the 383 patent is attached hereto as Exhibit A.

patent pub. is attached hereto as Exhibit B.

D091 patent is attached hereto as Exhibit C.

respective claims are presumed valid.

INITIAL MEETING BETWEEN THE PARTIES

big box stores.

convince Barr that he would not succeed without him.

were patent pending.

nate@caffeinatelabs.com dated February 2, 2013 is attached hereto as Exhibit D.

attached hereto as Exhibit E.

0258 Like us on Facebook! www.facebook.com/VanteToys. A true and accurate copy of the

from Barr to Shlaferman is attached hereto as Exhibit G.

THE ACCUSED PRODUCT

public before the infringing Wallet Ninja was developed or sold.

a thin tool, which at the time was novel.

event and learned of the pending patent(s).

Commonwealth sell both the PocketMonkey and the Wallet Ninja.

40. Plaintiff purchased a Wallet Ninja in an Office Depot store located in

Marlborough, Massachusetts in August of 2016. Hight Decl., 3. Additionally, Caffeinate

DEFENDANTS MEDIA CAMPAIGN ADVERTISING WALLET NINJA

43. Beginning as early as August of 2013, Defendants embarked on a media

web-archives such as YouTube.

46. During the Howard Stern interview, Shlaferman evidenced an understanding of

because that term is trademarked. See Barr Decl., 8.

accurate copy of this interview can be viewed at http://nextshark.com/20-year-old-entrepreneur-

making that statement.

383 patent. See Barr Decl., 4.

occurring after May 29, 2014.

of the D091 patent.

DEFENDANTS DELIBERATELY UNDERCUT PRICING FOR POCKETMONKEY

diverting sales that would otherwise have gone to Caffeinate.

56. PocketMonkey is made in the United States, and is advertised accordingly.

United States. See Barr Decl., 10.

59. Shlaferman also touted the advantages of manufacturing in China in an interview

of the PocketMonkey toward the Wallet Ninja.

DEFENANTS DISPARAGEMENT CAMPAIGN AGAINST POCKETMONKEY

goers and resulted in Shlaferman being arrested. Id.

64. In November of 2014, Shlaferman asked thousands of his Facebook followers to

http://www.thinkgeek.com/product/18c2/ And comment I prefer a Wallet Ninja

http://www.thinkgeek.com/product/1708/ Or anything of that variation. It would mean a huge

advertisement of the PocketMonkey on a website known as ThinkGeek.

66. Many of Defendants followers heeded the Xander Experience Disparagement

attached hereto as Exhibit I.