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Andrew D. Skale (SBN 211096)
askale@mintz.com
Ben L. Wagner (SBN 243594)
bwagner@mintz.com
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC
3580 Carmel Mountain Road, Suite 300
San Diego, CA 92130
Telephone: (858) 314-1500
Facsimile: (858) 314-1501
Attorneys for Plaintiff
ZIPBUDS, LLC
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ZIPBUDS, LLC.,
Plaintiff,
v.
AMAZON.COM, INC.,
Defendant.
Case No.
PLAINTIFF ZIPBUDS’
COMPLAINT FOR DESIGN
PATENT AND UTILITY PATENT
INFRINGEMENT
JURY DEMANDED
Plaintiff ZIPBUDS, LLC. for its Complaint against Defendant
AMAZON.COM, alleges and states as follows:
THE PARTIES
1. Plaintiff ZIPBUDS, LLC, (“Zipbuds”) is a limited liability company
organized and existing under the laws of the State of California with its principal
place of business located at 6170 Cornerstone Court East, Suite 260, San Diego, CA
92121.
2. Defendant AMAZON.COM, INC. (“Amazon.com”) is a corporation
organized and existing, on information and belief, under the laws of the State of
Delaware, with its principal place of business at, on information and belief, 1516 2nd
Avenue, Seattle, WA 98101.
'13CV2967 KSC GPC
Case 3:13-cv-02967-GPC-KSC Document 1 Filed 12/10/13 Page 1 of 10
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JURISDICTION AND VENUE
3. This is a civil action for patent infringement arising under the Patent
Laws of the United States, 35 U.S.C. sections 1 et seq. Subject matter jurisdiction is
therefore proper under 28 U.S.C. sections 1331 and 1338(a).
4. This Court has personal jurisdiction over Amazon.com because
Amazon.com has extensive minimum contacts with the State of California such that
the exercise of jurisdiction does not offend traditional notions of fair play and
substantial justice. Amazon.com has purposefully availed itself of the benefits of the
California forum, and has continued selling products infringing Zipbuds’ patents
despite clear notice and knowledge that the continued sales would harm the San
Diego company’s intellectual property rights and competing line of products
practicing the inventions. On information and belief:
a. Amazon.com has fulfillment centers in California, including in
San Bernardino. Its sales in California are so extensive that the online
sales tax effective September 15, 2012 was referred to as the “Amazon”
tax, and had generated $260 million in sales taxes as of November 1,
2013 (a significant portion of which was from Amazon.com for sales to
California residents); and
b. That tax is itself the result of a compromise between Amazon.com
and California legislators whereby Amazon agreed to pour $500 million
into its California operations, provide 10,000 full-time jobs in California,
and 25,000 more seasonal jobs.
5. This Court further has subject matter jurisdiction over the claims and
causes of action asserted in this complaint pursuant to 28 U.S.C. § 1332(a) because
this dispute is between citizens of complete diversity, including a Delaware company
with its headquarters in Seattle, Washington, and a California company, and the
amount in controversy exceeds $75,000, exclusive of interest and costs.
Case 3:13-cv-02967-GPC-KSC Document 1 Filed 12/10/13 Page 2 of 10
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6. Venue is proper in this judicial district under 28 U.S.C. sections 1391(b)
and (c) and 1400(b) because a substantial part of the events or omissions giving rise
to the claims occurred in the district; Plaintiff resides in this district; and the
Defendant resides in this district by virtue of being subject to personal jurisdiction in
this judicial district by, among others, its repeated availment and direction of its
activity toward this district, and engaging in acts of infringement in this judicial
district.
FACTUAL BACKGROUND
7. Through heavy investment and hard work, Zipbuds designed a unique
type of headphone that is both useful and highly aesthetically pleasing. The design is
so aesthetically pleasing and ornamental that Zipbuds pursued and obtained a design
patent to protect against others who may wish to sell what an ordinary observer
would view as the same product. A copy of Zipbuds’ U.S. Design Patent, US
D652,407, is attached to this Complaint as Exhibit 1 (“the ’407 Patent”).
8. The cable organization assembly utilized by Zipbuds in its zipper
earphones was such a novel invention that Zipbuds was also awarded another patent
on for its invention, U.S. Patent No. 8,455,758 (“the ’758 Patent”). A copy of the
’758 Patent is attached as Exhibit 2.
9. Zipbuds has been marketing and selling its unique ZIPBUDS ear buds
since at least as early as November 9, 2010, and has gained significant market
recognition. Zipbuds’ products have been very successful, generating over $1 million
in revenue each year from 2011 onward. The colorful, high-quality ear buds have
become known for their quality and superior product design. By 2012, the ZIPBUDS
earphones won Travel & Leisure’s best personal gadget award. They have been
featured extensively in the media, including gizmag.com
(http://www.gizmag.com/zipbuds-keep-tangles-at-bay/17337/), C-Net
(http://reviews.cnet.com/headphones/zipbuds-by-dga-tangle/4505-7877_7-
34221397.html), among other sites. Zipbuds has also been featured on, among
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others, the Ellen Show, New York Times and Travel Channel. These products have
been recognized for their innovation, and also their successful refinement of a zipper
earphone.
10. Unfortunately, in the midst of this success, Zipbuds discovered that a
number of online sellers had begun selling infringing earphones through
Amazon.com’s website, www.Amazon.com. In an effort to enforce its patent rights,
Zipbuds initially reached out to these individual companies, and to the extent Zipbuds
could not resolve the infringement amicably, it filed infringement suits against the
individual companies.
11. However, the infringements continued to expand, to the point where
there were no less than 19 specific infringing products (assigned separate ASIN
numbers by Amazon.com) being sold on Amazon.com’s website. A side by side
exemplative comparison is below:
Amazon (Example) ’758 Patent ’407 Patent
12. Thus, in an effort to protect against this expanding infringement,
Zipbuds attempted to use Amazon.com’s infringement reporting process for its online
store to obtain removal of the infringing products from Amazon.com’s online store.
However, Amazon.com would not remove these infringing products, which continued
to be offered for sale on its website. Instead, it claimed that it had no responsibility
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for goods sold under its website. As a result, Zipbuds’ counsel sent a detailed take-
down demand on October 7, 2013. That demand is attached as Exhibit 3 and is
incorporated herein by reference. The demand identified the 19 “ASIN” product
identification numbers (along with all other infringing products ultimately identified
on Amazon.com prior to resolution of this case, these products are collectively
referred to as the “Accused Products”). It further provided copies of the infringed
patents, and again demanded that the products be removed from Amazon.com’s
online store. Amazon.com instead provided Zipbuds with a copy of a correspondence
to one of the sellers, asking them to respond as the “appropriate party.”
13. Amazon.com is acting as a retailer and dealer in the infringing products.
Amazon.com is directly liable for the infringing offers for sale and sales of these
ASINs, regardless of whether the individual partners of Amazon.com are also liable.
Amazon.com has been repeatedly and specifically notified of the infringement, and
has simply chosen to ignore the demands without even so much as, on information
and belief, engaging in a review or comparison of the ’758 and ’407 Patents or the
Accused Products. Amazon.com has offered no response as to why the Accused
Products are not infringing, and the continued deliberate indifference in continuing to
allow these Accused Products on its online store makes Amazon.com’s infringements
willful.
14. Accordingly, facing a seller unwilling to take any responsibility for
removing the very products it sells from its online store, and to protect Zipbuds’
valuable patents from online exploitation, Zipbuds brings this suit against
Amazon.com.
FIRST CLAIM FOR RELIEF
INFRINGEMENT OF U.S. PATENT NO. D652,407 S
15. Zipbuds realleges all allegations in this Complaint as if stated herein.
16. On January 17, 2012, United States Patent Number D652,407 entitled
“Zippered Earphones,” was duly and legally issued to Zipbuds, who has the right to
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enforce this patent.
17. Defendant has sold or exposed for sales articles of manufacturer to
which the ’407 Patent applies.
18. Defendant has infringed and continues to infringe the ’407 Patent by
using, selling, offering for sale, importing, and/or actively inducing others to use
products that infringe one or more of the patented design(s) in the ’407 Patent, and is
thus liable for patent infringement pursuant to 35 U.S.C. §§ 271 and 289 et seq. The
Accused Products so resemble the ’407 Patent, including Claim 1, that in the eye of
an ordinary observer, giving such attention as a purchaser usually gives, the visual
appearance of the two designs are substantially the same.
19. Defendant is also liable for patent infringement because it actively
induced these sellers on its online site to continue selling the Accused Products even
after Amazon.com unequivocally knew of the ’407 Patent, having received multiple
notices of infringement from Zipbuds and its counsel. Amazon.com acted in a
manner that encouraged these sellers to infringe on the ’407 Patent.
20. Specifically, although Amazon.com maintains the power under its
Conditions of Use to remove whatever products it wishes to from its online store, has
a detailed infringement notice program to coordinate that removal, and indeed
removes products continuously on this basis, it simply refused to take any removal
action with respect to these sellers’ Accused Products, continuing to allow them to be
sold on its online store and, on information and belief, generating substantial profits
from those sales.
21. Amazon.com knew that if it did not remove the Accused Products, the
natural and likely consequence was their continued sale on its online store.
Amazon.com intended for sales of these Accused Products to continue on its online
store. Amazon.com knew or should have known that those acts would cause the
sellers to continue infringing the ’407 Patent, Amazon.com having received multiple
and detailed notices of the infringement. Amazon.com further engaged in willful
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blindness by, on information and belief, failing to even review or compare the ’407
Patent and Accused Products once noticed.
22. Defendant’s infringement of the ’407 Patent has caused and continues to
cause damage to Zipbuds in an amount to be determined at trial but exceeding
$75,000.
23. Defendant’s infringement of the ’407 Patent has caused and will
continue to cause immediate and irreparable harm to Zipbuds for which there is no
adequate remedy at law, unless this Court enjoins and restrains such activities.
24. Defendant knew of the ’407 Patent prior to the filing of this lawsuit.
25. Defendant’s infringement of the ’407 Patent was willful and deliberate,
was objectively reckless due to the high likelihood that its actions constituted
infringement of a valid patent, and knew or should have known of this objectively-
defined risk because the risk was so obvious. Thus, Zipbuds to enhanced damages
pursuant to 35 U.S.C. § 284, and costs incurred prosecuting this action.
26. Plaintiff is further entitled to the total profit on the Accused Products
pursuant to, inter alia, 35 USC § 289.
SECOND CLAIM FOR RELIEF
INFRINGEMENT OF U.S. PATENT NO. 8,455,758
27. Zipbuds realleges all allegations in this Complaint as if stated herein.
28. On June 4, 2013, United States Patent Number 8,455,758 entitled “Cable
Organization Assemblies,” was duly and legally issued to Zipbuds, who has the right
to enforce this patent.
29. Defendant has infringed and continues to infringe the ’758 Patent by
using, selling, offering for sale, importing, and/or actively inducing others to use
products that infringe one or more of the claims in the ’758 Patent, and is thus liable
for patent infringement pursuant to 35 U.S.C. § 271. This includes the practice by
Defendant via the Accused Products, which infringe at least Claims 1 and 18 of the
’758 Patent.
Case 3:13-cv-02967-GPC-KSC Document 1 Filed 12/10/13 Page 7 of 10
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30. Defendant is also liable for patent infringement under 35 U.S.C. § 271
because it actively induced these sellers on its online site to continue selling Accused
Products even after Amazon.com unequivocally knew of the ’758 Patent, having
received written notice of infringement from Zipbuds and its counsel. Amazon.com
acted in a manner that encouraged these sellers to infringe on the ’758 Patent.
31. Specifically, although Amazon.com maintains the power under its
Conditions of Use to remove whatever products it wishes to from its online store, has
a detailed infringement notice program to coordinate that removal, and indeed
removes products continuously on this basis, it simply refused to take any removal
action with respect to these sellers’ Accused Products, continuing to allow them to be
sold on its online store and, on information and belief, generating substantial profits
from those sales.
32. Amazon.com knew that if it did not remove the Accused Products, the
natural and likely consequence was their continued sale on its online store.
Amazon.com intended for sales of these Accused Products to continue on its online
store. Amazon.com knew or should have known that those acts would cause the
sellers to continue infringing the ’758 Patent, Amazon.com having received multiple
and detailed notices of the infringement. Amazon.com further engaged in willful
blindness by, on information and belief, failing to even review or compare the ’758
Patent and Accused Products once noticed.
33. Defendant’s infringement of the ’758 Patent has caused and continues to
cause damage to Zipbuds in an amount to be determined at trial but exceeding
$75,000.
34. Defendant’s infringement of the ’758 Patent has caused and will
continue to cause immediate and irreparable harm to Zipbuds for which there is no
adequate remedy at law, unless this Court enjoins and restrains such activities.
35. Defendant knew of the ’758 Patent prior to the filing of this lawsuit.
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36. Defendant’s infringement of the ’758 Patent was willful and deliberate,
was objectively reckless due to the high likelihood that its actions constituted
infringement of a valid patent, and knew or should have known of this objectively-
defined risk because the risk was so obvious. Thus, Zipbuds is entitled to enhanced
damages pursuant to 35 U.S.C. § 284, and costs incurred prosecuting this action.
PRAYER
WHEREFORE, Plaintiff demands the following relief:
1. A judgment in favor of Plaintiff Zipbuds and against Defendant on all
counts;
2. A preliminary and permanent injunction from design patent
infringement;
3. Damages in an amount to be determined at trial, with such damages
enhanced and/or trebled for willful infringement;
4. For infringement of Zipbuds’ design patent, Defendants’ total profits
under 35 U.S.C. § 289;
5. Exemplary and punitive damages;
6. Pre-judgment interest at the legally allowable rate on all amounts owed;
7. Costs, expenses and fees;
8. An order finding that Defendant’s infringement of the patents-in-suit has
been willful and trebling the damages awarded to Plaintiff, as provided by 35 U.S.C.
§ 284;
9. A declaration that this is an exceptional case and award Plaintiff its
attorneys’ fees incurred in prosecuting this action, as provided by 35 U.S.C. § 285;
and
10. Such other and further relief as this Court may deem just and proper.
Case 3:13-cv-02967-GPC-KSC Document 1 Filed 12/10/13 Page 9 of 10
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DEMAND FOR JURY
Zipbuds demands trial by jury on all issues triable as a matter of right at law.
Dated: December 10, 2013 MINTZ LEVIN COHN FERRIS GLOVSKY &
POPEO
By: s/Andrew D. Skale
Andrew D. Skale, Esq.
Attorneys for Plaintiff,
ZIPBUDS, LLC.
25511103v.1
Case 3:13-cv-02967-GPC-KSC Document 1 Filed 12/10/13 Page 10 of 10
JS 44 (Rev. 12/12) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
ZIPBUDS, LLC.
(b) County of Residence of First Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorneys (Firm Name, Address, and Telephone Number)
Andrew D. Skale (SBN 211096)
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC
3580 Carmel Mountain Road, Suite 300
San Diego, CA 92130; (858) 314-1500
DEFENDANTS
AMAZON.COM, INC.
County of Residence of First Listed Defendant Seattle, Washington
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an "X" in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X" in One Box for Plaintiff)
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government
Plaintiff
2 U.S. Government
Defendant
3 Federal Question
(U.S. Government Not a Party)
4 Diversity
(Indicate Citizenship of Parties in Item III)
Citizen of This State
Citizen of Another State
Citizen or Subject of a
Foreign Country
PTF DEF
1 1
2 2
3 3
Incorporated or Principal Place
of Business In This State
Incorporated and Principal Place
of Business In Another State
Foreign Nation
PTF DEF
4 4
5 5
6 6
IV. NATURE OF SUIT (Place an "X" in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Exclueds Veterans)
153 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury -
Medical Malpractice
PERSONAL INJURY
365 Personal Injury -
Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
625 Drug Related Seizure
of Property 21 USC 881
690 Other
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR SOCIAL SECURITY
710 Fair Labor Standards
Act
720 Labor/Management.
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities -
Employment
446 Amer. w/Disabilities -
Other
448 Education
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS—Third Party
26 USC 7609
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
V. ORIGIN (Place an "X" in One Box Only)
1
Original
Proceeding
2
Removed from
State Court
3
Remanded from
Appellate Court
4
Reinstated or
Reopened
5
Transferred from
Another District
(specify)
6 Multidistrict
Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Donot citejurisdictional statutesunlessdiversity):
35 U.S.C. §§ 271 and 289 et seq.
Brief description of cause:
Complaint for Design Patent and Utility Patent Infringement
VII. REQUESTED IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $
CHECK YES only if demanded in complaint:
JURY DEMAND: Yes No
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE DOCKET NUMBER
DATE
12/10/13
SIGNATURE OF ATTORNEY OF RECORD
/s/Andrew D. Skale
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
'13CV2967 KSC GPC
Case 3:13-cv-02967-GPC-KSC Document 1-1 Filed 12/10/13 Page 1 of 2
JS 44 Reverse (Rev. 12/12)
American LegalNet, Inc.
www.FormsWorkFlow.com
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 3:13-cv-02967-GPC-KSC Document 1-1 Filed 12/10/13 Page 2 of 2
EXHIBIT 1
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 1 of 12
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 2 of 12
111111 1111111111111111111111111111111111111111111111111111111111111
USOOD652407S
(12) United States Design Patent
Groset et al.
(10) Patent No.:
(45) Date of Patent:
US D652,407 S
** Jan.l7,2012
(54) ZIPPERED EARPHONES
(75) Inventors: Erik Groset, Carlsbad, CA (US); Justin
Liu, San Diego, CA (US); Michael
Klasco, Richmond, CA (US); Robin
DeFay, Poway, CA (US)
(73) Assignee: Zipbuds, LLC, San Diego, CA (US)
(**) Term: 14 Years
(21) Appl. No.: 29/397,922
(22)
(63)
(51)
(52)
(58)
(56)
Piled: .Jul. 22, 2011
Related U.S. Application Data
Continuation of application No. 12/941,943, filed on
Nov. 8, 2010.
LOC (9) Cl. .................. .... ...... .. .. ...... ...... ...... 14-01
U.S. Cl . ...................................................... D14/205
Field of Classification Search ................. D14/205,
D14/206, 223, 167, 168, 192; 379/430; 381/380,
381/381, 374, 383, 370, 385; 181/135, 137;
D2/607; 24/381, 383; 455/90.3, 569.1
See application file for complete search history.
References Cited
U.S. PATENT DOCUMENTS
2,896,217 A *
D231,613 S *
4,160,306 A *
D270,634 S *
D469,753 S *
D546,321 S *
D569,841 S *
!)578,507 s *
7,450,014 B2 *
D589,491 S *
7/1959 Cedarstaff ........................ 2/150
5/1974 SaTber .......................... D14/206
7/1979 PizzoccaTo ..................... 24/381
9/1983 Ungar .......................... D14/205
2/2003 Andre el al. ................. D14/205
7/2007 Kim ............................. D14/223
5/2008 Chung et al. ................ D14/205
10/2008 Ando ........................... D14/205
11/2008 I'arhadian .................. 340/573.1
3/2009 Andre et al. ................. D 14/205
(Continued)
PO REIGN PATENT DOCUMENTS
EP 1509062 AI 212005
(Continued)
Primary Examiner- Paula Greene
(74) Attorney, Agent, or Firm- Mintz Levin Cohn Ferris
Glovsky and Popeo, P.C.
(57) CLAIM
The omamental design for zippered earphones, as shown and
described.
DESCRIPTION
FIG. 1 is a front view of the zippered earphones showing our
new design;
FIG. 2 is a top view of the zippered earphones;
FIG. 3 is a bottom view of the zippered earphones;
FIG. 4 is an exploded front view thereof;
FIG. 5 is an exploded rear view thereof;
FIG. 6 is an exploded side view thereof, the opposite side is a
mirror image;
FIG. 7 is an enlarged front view of the earphone shown
separately for purposes of illustration therof, the other ear-
phone is a mirror image;
FIG. 8 is an enlarged side view of the earphone thereof, the
other earphone is a mirror image;
FIG. 9 is an enlarged side view of the earphone thereof, the
other earphone is a mirror image;
FIG. 10 is an enlarged top view of the earphone thereof, the
other earphone is a mirror image;
FIG. 11 is an enlarged bottom view of the earphone thereof,
the other earphone is a mirror image;
FIG. 12 is an enlarged front view of the zipper in a closed
position shown separately for purposes of illustration;
FIG. 13 an enlarged side view thereof;
FIG. 14 is an enlarged perspective view of the zipper and pull
in an open position thereof.
FIG. 15 is an enlarged perspective view thereof; and,
FIG. 16 is a perspective view of the zippered earphones.
1 Claim, 9 Drawing Sheets
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 3 of 12
US D652,407 S
Page 2
U.S. PATENT DOCUMENTS D637,999 S *
D643,414 S *
2005/0069147 AI
2011/0162883 AI
5/2011 Brunner et al ............... Dl4/205
D591,264 S *
D596,690 S ''
D598,010 S *
D599,778 S *
D605,628 S *
D607,875 S *
D614,168 S *
D637,756 S *
4/2009 Hong et al. .................. Dl4/205
7/2009 Bennett ........................ D21/791
8/2009 Matsuda et al. ............. Dl4/223
9/2009 Ando ........................... Dl4/205
12/2009 Ando ........................... Dl4/205
1/2010 Pedersen, II ................. Dl4/206
4/2010 Rogers et al. ................ Dl4/206
5/2011 Okano et al. ................. D26/135
JP
wo
8/2011 Lee et al. . .. ....... Dl4/223
3/2005 Pedersen
7/20 II Grose! et al.
FOREIGN PATENT DOCUMENTS
2004056636 A
2009030578 AI
2/2004
3/2009
* cited by examiner
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 4 of 12
U.S. Patent
Jan. 17, 2012 Sheet 1 of9
US D652,407 S
Fig. 2
Fig. 1
Fig. 3
I
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 5 of 12
U.S. Patent Jan. 17,2012 Sheet 2 of9 US D652,407 S
Fig. 4
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 6 of 12
U.S. Patent Jan. 17,2012 Sheet 3 of9 US D652,407 S
Fig. 5
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 7 of 12
U.S. Patent Jan.17,2012 Sheet 4 of9 US D652,407 S
Fig. 6
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 8 of 12
U.S. Patent Jan. 17,2012 Sheet 5 of9 US D652,407 S
Fig. 7
Fig. 8
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 9 of 12
U.S. Patent Jan. 17, 2012 Sheet 6 of 9 US D652,407 S
Fig. 10
Fig. 9
Fig. 11
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 10 of 12
U.S. Patent Jan.17,2012 Sheet 7 of9 US D652,407 S
Fig. 13
Fig. 12
Fig. 14
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 11 of 12
U.S. Patent Jan.17,2012 Sheet 8 of9 US D652,407 S
Case 3:13-cv-02967-GPC-KSC Document 1-2 Filed 12/10/13 Page 12 of 12
U.S. Patent Jan. 17,2012 Sheet 9 of 9 US D652,407 S
Fig. 16
EXHIBIT 2
Case 3:13-cv-02967-GPC-KSC Document 1-3 Filed 12/10/13 Page 1 of 23
Case 3:13-cv-02967-GPC-KSC Document 1-3 Filed 12/10/13 Page 2 of 23
c12) United States Patent
Groset et al.
(54) CABLE ORGANIZATION ASSEMBLIES
(75) Inventors: Erik Grosct, Carlsbad, CA (US); Justin
Liu, San Diego, CA (US); Michael
Klasco, Richmond, CA (US); Robin
DeFay, Poway, CA (US)
(73) Assignee: Zipbuds, LLC, San Diego, CA (US)
( *) Notice: Subject to any disclaimer, the term of this
patent is extended or adjusted under 35
U.S.C. 154(b) by 138 days.
(21) Appl. No.: 12/941,943
(22) Filed: Nov. 8, 2010
(65) Prior Publication Data
US 2011/0162883 A1 Jul. 7, 2011
Related U.S. Application Data
(60) Provisional application No. 61/292,981, filed on Jan.
7, 2010.
(51) Int. Cl.
IIOJB 11106 (2006.01)
(52) U.S. Cl.
USPC ...................................... 174/36; 174/DIG. 11
(58) Field of Classification Search
USPC ............... 174/110R,115,116,117R,117F,
174/117 FF, 114 S, 112,36
See application file for complete search history.
(56) References Cited
U.S. PATENT DOCUMENTS
2,313,234 A *
2,585,054 A *
2,896,217 A
3/1943 Gavitt ..................... 174/120 SR
211952 Stachura ........................ 174/36
711959 Cedarstaff
111111111111111111111111111111111111111111111111111111111111111111111111111
CN
CN
US008455758B2
(10) Patent No.: US 8,455, 758 B2
Jun. 4, 2013 (45) Date of Patent:
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(Continued)
FOREIGN PATENT DOCUMENTS
201528413 u
2022261737 u
7/2010
5/2012
(Continued)
OTHER PUBLICATIONS
"Zip up yom headphones", retrieved from the Internet on Mru·. 20,
2012, <http://old. thepostfrunily.com/community _posts/567 -zip-up-
your-headphones>.
(Continued)
Primary Examiner- William H Mayo, III
(74) Attorney, Agent, or Firm- Mintz Levin Cohn Ferris
Glovsky and Popeo, P.C.
(57) ABSTRACT
Preferred assemblies are directed to a cable assembly that
includes a first electrical wire and a second electrical wire;
with a thermo-resistant material that is molded around the
wires. Zipper teeth are molded to the thermo-resistant mate-
rial of both of the wires. The zipper teeth on the first wire are
releasably attached to the zipper teeth on the second wire, and
at least one reinforcing fiber is encapsulated with one of the
wires.
19 Claims, 14 Drawing Sheets
""'
008
Case 3:13-cv-02967-GPC-KSC Document 1-3 Filed 12/10/13 Page 3 of 23
US 8,455,758 B2
Page 2
U.S. PATENT DOCUMENTS D59I ,264 S 4/2009 Hong eta!.
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0430,140 s
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0469,753 s
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0514,087 s
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0538,261 s
0541,255 s
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0549,688 s
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I 0/1994 Pltumner, Ill .. .. .... .. .. .. .... . 17 4/36
I2/!994 Wada
I2/ I994 Nakamura
2/I995 Plmmner, Ill ................... 174/36
4/ I995 Nageno eta!.
4/1995 Britt
9/1995 Lee ................ 139/383 A
3/1998 Nakamura
5/1998 Wang et al. ................... 3811300
1/1999 Bickersteth eta!. .......... 174/136
511999 Howard
9/1999 DeFlorio
911999 Fatato eta!.
I2/!999 Wingate
2/2000 Suzuki
8/2000 Roman
10/2000 Yoneda
10/2000 Perkins .................... 36l/679.03
1112001 Kamijo .................... 361/679.03
4/2002 MacDonald, Jr. eta!.
Jl/2002 Hashimoto et al.
l/2003 Peterson, III ............ 3611679.03
2/2003 Andre et a!.
7/2003 Bergeron et a!.
6/2004 Green
12/2004 Jordan
6/2005 Bradford ................... 174/110 R
9/2005 Cao
l/2006 Wilson et al.
7/2006 Symons
2/2007 Matsuda
3/2007 Taylor et a!.
4/2007 Taylor et a!.
7/2007 Kim
8/2007 Suzuki
8/2007 Sutton
8/2007 Gustavsson
5/2008 Chung eta!.
7/2008 Gondo eta!.
7/2008 Huynh
10/2008 Ando
Il/2008 Lee
II/2008 Farhadian
2/2009 Lee
212009 Lee
3/2009 Kmihara
3/2009 Andre et a!.
3/2009 Chen et a!. .. . .. . .... .. .. .. .... . 17 4/36
0594,847 S 6/2009 Suzuki
0596,690 S 7/2009 Bennett
!)598,0 10 S 8/2009 Matsuda eta!.
0599,778 S 912009 Ando
0603,370 S I112009 Suzuki
0605,628 S 12/2009 Ando
0607,875 S I/20IO Pedersen, II
D6I4,I68 S 4/20IO Rogers eta!.
0637,756 S 5/20II Okano eta!.
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0649,956 S I2/20Il Gresko eta!.
1)652,407 S 112012 Groset el a!.
8,107,653 B2 112012 Wolfe
8,147,270 Bl 4/2012 Wescott
1)662,080 S 6/2012 Carr et al.
8,269,110 B2 9/2012 Scifo eta!.
8,269,111 B2 9/2012 Scifo eta!.
2005/0069147 AI* 3/2005 Pedersen ........................ 381174
2005/0098594 AI 5/2005 Truong
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2006/0166720 AI 7/2006 Dixon
2006/0185873 AI 8/2006 Johnson
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EP
JP
JP
JP
JP
JP
wo
wo
FOREIGN PATENT DOCUMENTS
1509062 A1
07-115022 A
2004056636 A
2004-21I225 A
2006-527934 A
3132983 u
wo 2004/112359
W0-2009030578 A1
2/2005
5/1995
2/2004
7/2004
12/2006
6/2007
12/2004
3/2009
OTHER PUBLICATIONS
"Yi Zip Earphones by Ji Woong", retrieved from the Internet on Mar.
20, 2012, <http://www.yankodesign.com/2009/04/22/zip-up-
~ ~ ~   .
"Yi Sound Concept Brings the Hot Jean-Crotch Aesthetic to
Earbuds", retrieved from the Internet on Jul. 5, 2012, <http://
gizmodo.com/zipper-earbuds/>.
International Search Repmt and Written Opinion dated MaT. 28,
2012, for corresponding PCT Application No. PCT /US20 11/0 5963 7.
Notice of Reasons for Rejection dated Nov. 2, 2012, for Japanese
Patent Application No. 2011-241549.
* cited by examiner
Case 3:13-cv-02967-GPC-KSC Document 1-3 Filed 12/10/13 Page 4 of 23
U.S. Patent Jun. 4, 2013 Sheet 1 of 14 US 8,455,758 B2
10a 20b
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Case 3:13-cv-02967-GPC-KSC Document 1-3 Filed 12/10/13 Page 18 of 23
US 8,455,758 B2
1
CABLE ORGANIZATION ASSEMBLIES
CROSS-REFERENCE TO RELATED
APPLICATIONS
2
thermo-resistant material; and (b) affixing means for releas-
able attaclunent on the outer layers of the first and second
wires, such that the outer layers canreleasably attach with one
another.
BRIEF DESCRIPTION OF THE DRAWINGS T11is application claims priority to pending Provisional
Application No. 61/292,981 "Cable Organization Assem-
blies" to Grose!, filed Jan. 7, 2010, which is expressly incor-
porated by reference herein in its entirety.
FIELD OF THE INVENTION
It will be appreciated that the drawings are not necessarily
to scale, with emphasis instead being placed on illustrating
10
the various aspects and features of embodiments of the inven-
tion, in which:
FIG. 1 is a perspective view of a first zipper earphone cable
assembly.
The embodiments herein relate to assemblies that are con-
figured to prevent cables from becoming entangled with each
other. More specific embodiments relate to two or more
cables that are configured to be releasably coupled to one
another. Embodiments herein can be used to prevent
entanglement of audio wires, such as headphone wires and
stereo speaker wires, in addition to other suitable cables.
FIG. 2 is a cross-section view of two cables in a first zipper
15
earphone cable assembly.
FIG. 3 is perspective view showing a zipper earphone cable
assembly in use.
FIG. 4 is a perspective view of a second alternative zipper
20
earphone cable assembly.
BACKGROUND
Multiple electronic devices are designed to be used with a
plurality of connecting wires and cables. Common examples
include audio or video players that have a headphone jack, or 25
have ports for speaker wires. A common problem for users is
that these cables often become entangled with each other. For
example, left and right headphone wires readily become
intertwined and knotted, especially in ear bud style head-
phones. Additionally, stereo speaker wires usually are con- 30
figured in pairs and can also become entangled with them-
selves or other wires.
'l11ere have been prior attempts to resolve this issue. Euro-
pean Patent Application 1509062 AI to Fung (hereinafter
"Fung") discloses a sliding mechanism that is integrated 35
directly into the cables, see FIGS. 2a-2c and Paragraph
[0006). More specifically Ftmg is directed to engagement
means that can be molded together with the insulation layer of
the cords. In practice this strategy is limiting in that it makes
it difficult to incorporate different styles, types, and colors of 40
releasable fasteners. While mentioning the incorporation of
zipper like arrangements on the two cords, Fung is silent as to
how to do tlJ.is in an advantageous way. The practical imple-
mentation of zippered cables assemblies involves overcom-
ing many manufact11ring problems, none of which are 45
addressed by Fun g. For example, the manufacture of zippered
cables involves elevated temperature and stress during fabri-
cation. Accordingly, there is a need for improved cable man-
agement systems and methods of making the same. Materials
and fabrication techniques are disclosed herein to overcome 50
these problems.
It is thus one embodiment herein to provide cable assem-
blies that include means for preventing entanglement and
easily allow the incorporation of a zipper or other releasable
connection means to the cables.
SUMMARY
55
According to preferred embodiments, the teachings herein
are directed to cable assemblies comprising a first and second 60
wire individually encapsulated in an outer layer comprising a
thenno-resistant material, wherein the first and second outer
layers each comprise means for releasably attaching with
each other.
Further embodiments are directed to methods of making 65
cable assemblies comprising: (a) providing a first and second
wire individually encapsulated in an outer layer comprising a
FIG. 5 is a close-up view of a second alternative zipper
earphone cable assembly.
FIG. 6a is a closed cable assembly that can open to twice its
compressed length.
FIG. 6b is an opened cable assembly that is expanded to
two times the length of its closed configuration.
FIG. ?a is a closed cable assembly that can open to three
times its length.
FIG. 7b is a partially opened cable assembly
FIG. 7c is a fblly opened cable assembly that is expanded
to three times the length of its closed configuration.
FIG. 8 is a perspective view of an earphone cable assembly
that utilizes magnets as a releasable fastener.
FIG. 9 is a perspective view of a third zipper earphone cable
assembly.
FIG. 10 is a preferred ear bud of the zipper earphone cable
assemblies.
FIG. 11 is a close up view of a third zipper earphone cable
assembly.
FIG. 12 is a topside view of two earphone cables being
placed in a mold.
FIG. 13 is a topside view of a zipper teeth being injected
molded onto the two cables and excess molding.
FIG. 14 is a topside view of the excess molding being cut
away from the zipper teeth.
FIG. 15 is a topside view showing the zipper teeth being
rotated 180 degrees.
FIG. 16 is a topside view showing the zipper teeth zippered
together.
FIG. 17 is a perspective view of multiple zipper teeth unit
having been injection molded onto the same two cables.
FIG.18 shows a zipper bottom being placed below a zipper
Ulllt.
FIG. 19 is a cross-sectional view of cable in a third zipper
earphone cable assembly.
DETAILED DESCRIPTION OF THE
ILLUSTRATED EMBODIMENTS
Embodiments of the present invention are described below
with reference to the above described Figures. It is, however,
expressly noted that the present invention is not limited to the
embodiments depicted in the Figures, but rather tile intention
is that modifications that are apparent to the person skilled in
the art and equivalents thereof are also included. In general
embodiments the assemblies herein include at least two
Case 3:13-cv-02967-GPC-KSC Document 1-3 Filed 12/10/13 Page 19 of 23
US 8,455,758 B2
3
cables (80a, 80b) that are capable of releasable attachment.
Further embodiments can also manage 3, 4, 5, 6, 7, 8, 9, 10 or
more cables.
Earphone Cable Assemblies
FIGS. 1-2 depict a first preferred zipper earphone cable
assembly 100 comprising first and second cables 80a and 80b
that include means for releasable attaclunent with one
another. Each cable 80a and 80b can be operably coupled to
4
and can be tapered downward towards the plug 90, or be in
another suitable configuration. Other suitable stops are
readily contemplated herein.
FIG. 2 depicts a cross-sectional view the zipper assembly
100 shown in FIG. 1. As shown both the headphone wires
130a and 130b and their casings 120a and 120b can be encap-
sulated by the over-mold material 60a and 60b. According to
certain embodiments, such as when a zipper is used, flexible
zipper backing material 140a and 140b can be wrapped
an earphone lOa and lOb at a first end and a headphone jack
90 suitable for connection to an audio playing device at the
other. The head phone jack can be any suitable jack including
a 6.35 nun jack, 3.5 mm miniature jack, or a 2.5mm submin-
iature jack, for example.
More specifically, the two cables 80a and 80b each can
include an outer layer or over-mold 60a and 60b that is made
of mb ber or other flexible material which can be incorporated
using any suitable method including cast or injection mold-
ing, for example. The over-mold 60a and 60b makes it sim-
pler for manufacturing the assemblies herein as it can easily
encapsulate the wires. Other suitable flexible materials for the
over-mold can include fabric, plastic, and foam. As shown in
cross-sectional view ofFIG. 2, the outer layering 60a and 60b
can be layered over the headphone wire 130a and 130b and
the headphone wire casing 120a and 120b. The headphone
wires 130a and 130b operably couple a jack 90 to the ear-
phones lOa and lOb such that audio can be transmitted. A
majority, but not the entire length of the cables 80a and 80b
can include means for releasable attachment together, such as
10 arotmd the headphone wire casings 120a and 120b and also be
encapsulated by the over-mold material 60a and 60b. The
zipper backing materiall40a and 140b can be made of any
suitable, flexible material such as fabric, including AQUA-
GUARD® manufactured by YKK®. Encapsulating the wires
15 130a and 130h, their casings 120a and 120b, and the zipper
backing material 40a and 40b in the over-mold material 60a
and 60b in a single process efficiently minimizes manufac-
turing steps.
For manufacturing the assembly 100 a mold can be con-
20 figured to encapsulate the headphone wires 130a and 130b up
to the earphones lOa and lOb if desired. Alternatively, the
mold can be configured such that the over-mold ends before
the earphones lOa and lOb and the headphone wire casing
120a and 120b can simply be exposed for a portion of their
25 length. The zipper backing materiall40a and 140b can then
be wrapped around the headphone wire casings 120a and
120b and placed into the mold. Rubber, or other suitable
materials can be added to the mold and allowed to harden to
form the final assembly.
As the releasable attaclunent means described herein add
additional weight to headphone wires 20a and 20b by them-
selves, further embodiments include the use of means to
prevent the earphones 1 Oa and 1 Ob from falling downward
quickly when taken out of a user's ears. Complementary
a zipper. As depicted in FIG. 1, the cables 80a and 80b are
30
coupled to inward facing complementary zipper teeth 40a
and 40b that allow the cables 80a and 80b to be zipped
together and unzipped using a zipper tab 50 or other means for
sliding. Alternatively a ZIPLOC® style or other similar clo-
sure can be used.
35 oppositely charged magnets 210a and 210b, or other means
for releasable attachment can be used either on or near the
According to certain embodiments, such as when a zipper
is utilized, it is preferred that the means for releasable attach-
ment do not traverse the entire length of the cables 80a and
80b as measured from the stop 70 or jack 90 to the earphones 40
1 Oa and 1 Ob. Partial traversal prevents the zipper teeth 40a
and 40b from painfully contacting or pinching the user's face
or neck. To prevent this hazard, the assembly 100 can include
a non-teethed section 20a and 20b. Alternatively, the over-
mold can simply end before the earphones 1 Oa and 1 Ob (such 45
as at sections 30a and 30b) and the headphone wire casing
120a and 120b can simply be exposed for a portion of their
length.
In optional embodiments, the outer layer 60a and 60b can
include ribs 110a and 110b. Ribs 110a and llOb which pro- 50
vide protrnsions and recessions along the length of the outer
molding 60a and 60b can be used to achieve better flexibility
and weight reduction. In general, the ribbing 110a and llOb
removes material which reduces weight from the ovennold
60a and 60b and allows for better manipulation of the assem- 55
bly 100.
The cables 80a and 80b can include non-ribbed sections
without means for releasable cmmection (e.g., zippers) 20a
and 20b and ribbed sections 30a and 30b that lack means for
releasable attaclm1ent, depending on the specific design 60
goals. According to further embodiments the material that
constitutes the outer layer 60a and 60h can be used for non-
teethed sections 20a and 20b and the stop 70.
111e bottom end of the zipper can include a means for
stopping the zipper so the cables 80a and 80b do not become 65
completely disengaged. As shown in FIG. 1, molded material
that is the same as that of60a and 60b can be used as a stop 70,
earphones 1 Oa and lOb, such as in the non-teethed region 20a
and 20b, for example. As shown in FIG. 3, when a user
removes the earphones lOa and lOb from their ears they can
connect the earphones lOa and lOb (or cables 80a and 80b)
together behind their neck using the magnets 210a and 210b
or means for releasable attaclnnent, such as a clips, snaps,
hook and loop fasteners, and the like. An ear hook or similar
device can also be provided with the different embodiments
herein to assure stability of the earphone in conditions such as
sports activities.
FIGS. 4 and 5 show a second alternative zipper earphone
cable assembly 300. This particular design differs from the
first zippered earphone assembly 100 described above in that
the over-mold material 60a and 60b only partially covers the
first and second earphone wires 320a and 320b. Features
between the previously described assembly and the altema-
tive assembly 300 can readily be interchanged as desired
however. A flrst and second earphone wire 320a and 320b are
partially molded into an over-mold material 60a and 60b.
Each cable 80a and 80b includes zipper teeth 40a and 40b or
other suitable means for releasable attaclunent with each
other. A zipper tab or slider 50 or other means for opening and
closing the means for releasable attaclunent is also provided.
Each cable 80a and 80b optionally includes ribs llOa and
110b to allow for more flexible movement and reduced
weight. Additionally two troughs 200a and 200b can traverse
parallel or substantially so to the means for releasable attach-
ment (e.g., zipper 40a and 40b ). In addition to a zipper other
suitable means for attaclnnent can include small magnets, or
a ZIPLOC® style closure, for example. Certain embodiments
expressly exclude the use of rough hook and loop fasteners
Case 3:13-cv-02967-GPC-KSC Document 1-3 Filed 12/10/13 Page 20 of 23
US 8,455,758 B2
5
such as VELCRO® with the assemblies provided herein as
they can be abrasive on a user's skin. The mold for making the
assembly 300 depicted in FIGS. 5 and 6 could be configmed
to not cover the entire length of the earphone wires 320a and
320b, but can have the same or similar cross-section shown in
FIG. 2. Accordingly, methods of making the assembly dis-
cussed in FIGS. 1 and 2 can be applied to this particular
embodiment as well.
6
are preferred for snag-free zipper operation. Poly acetal is also
a preferred choice for its strength and wide temperature tol-
erance.
As shown in FIG. 12, f1rst and second cables SOa and SOb
are positioned into a mold 702 having cavities 704a and 704b
in the shape of the final zipper teeth 40a and 40b. The cables
SO a and SOb are preferably held or clamped at a tension taught
enough to allow injection molded plastic to bind to them
A third embodiment of a zipper earphone cable assembly
700 is shown in FIGS. 9-11. In contrast to the first 100 and
10
according to a predetemuned spacing but not overly taught
such that the internal wires or the outer covering of the cables
SOa and SOb break apart or are otherwise damaged. Preferred second 300 zipper cable assembly embodiments, this
embodiment expressly does not have an over-mold 60a and
60b in its finished form. In contrast, complementary zipper
teeth 40a and 40b, configmed to operably zip together and
apart with a slider 50, are positioned directly onto the cables
BOa and SOb as shown in FIG. 11. Similar to the above
embodiments, the third embodiment of a zipper earphone
cable assembly 700 includes two headphones such as ear buds
lOa and lOb operably coupled to a lower jack 90.
tension ranges for holding the cables SOa and SOb during
injection molding include about I 0 kg of back tension. It is
15
advantageous to hold the cables SOa and SOb straight or
substantially so, during over-molding but not with too much
tension such that the cables SOa and SOb are overly stressed or
damaged. Attaching the zipper teeth provides severe thennal
stress due to the high temperature associated with the injec-
20 tionmolding process and the tensile strength of the cables 80a
and SOb is reduced at elevated temperatures. In the case of
some thermoplastics such as polyacetal (POM) (including
DELRAN brand polyacetal) the   molding tempera-
ture can be heated to about 200° C. Positioning the plastic
FIG. 10 depicts a preferred ear bud lOa. According to
specific embodiments, the ear bud lOa can include a dia-
phragm 11a made of a thin material and coupled to an angled
extension 13a configured to fit within a user's ear and trans-
mit sound therein. 'l11e extensions 13a and 13b are preferably
angled towards the user's ears during wear and are advanta-
geous in that they help prevent the buds lOa and lOb from
falling out of the user's ear due to the extra weight the zipper
teeth 40a and 40b and slider 50 add to the cables BOa and SOb
compared to conventional headphones. Complementary
oppositely charged magnets 210a and 210b, or other means
for releasable attachment can be used either on or near the
earphones lOa and lOb. As shown in FIG. 3, when a user
removes the earphones lOa and lOb from their ears they can
35
connect the earphones lOa and lOb (or cables SOa and SOb)
together behind their neck using the magnets 210a and 210b
25 through the tooling additionally subjects the cables 80a and
80b to extreme stresses as they are often clamped and pulled
taught. Due to the high temperature and mechanical stresses
on the cables SOa and SOb it is highly advantageous to utilize
reinforcement fibers, calibrated precision tensioning, and
30
high temperature tolerance cable insulation materials with the
teachings herein. TI1ese materials and properties not only are
usefi.Il to overcome the stresses of manufacturing but also
contribute to a more durable final cable assembly for use by a
consumer.
FIG.19 provides a cross-section view of a preferred cable
80a (also applicable for SOb) usable with the teachings herein
that show both the internal wiring and the outer covering. or means for releasable attachment, such as a clips, snaps,
hook and loop fasteners, and the like. In addition to the
preferred ear buds lOa and 1 Ob provided herein, other suitable 40
ear phones, including conventional ear buds can be used with
the teachings herein according to non-preferred embodi-
ments.
According to preferred embodiments, the cables SOa and SOb
comprise an outer surface 900 such as braided nylon, and
more specifically can be in the fonn of draw textured yam
(DTY) that is heat resistant. The use of braided nylon as an
outer covering is advantageous in that it is elastic and thermal-
resistant to the heat associated with injection molding. Addi- 111e assemblies herein, including the third earphone zipper
embodiment 700 can optionally include a volume control
1000 positioned on the f1rst cable SO a above the zipper teeth
40a. The volume control 1000 is operably coupled to the
internal wiring of the cable SOa and includes an external
control mechanism accessible by the user configured to
increase/decrease volume and/or completely mute volume
such that no signif1cant audio signal is transmitted to the ear
buds lOa and lOb. The volume control 1000 can also be
positioned on the second cable SOb.
FIGS. 12-lS depict a preferred way of manufacturing the
third embodiment of a zipper earphone cable assembly 700
using plastic injection molding. Injection molding is a well
known process that utilizes a thennoplastic and thermosetting
plastic materials. In general, material is fed into a heated
barrel, mixed, and forced into a mold cavity where it cools and
hardens to the configuration ofthe mold cavity. Preferably the
zipper teeth 40a and 40b provided herein are made of a
thennoplastie material. In general, thermoplastic material
that can be used herein include polymers that are in a liquid
state when heated and harden into a solid state after cooling
down. Non-exclusive examples include: polyacetal, polyeth-
ylene and polypropylene. Advantageously, self lubricating
plastics such as polyacetal (POM) and polypropylene (PP)
45 tionally the textllfe of the braided nylon allows the zipper
teeth 40a and 40b to attach better as opposed to a smooth
cable outer surface such as rubber. The average thicknesses
for the outer layer 900 is preferred to be about 0.15 mm. The
outside diameter of the outer layer 900 can be between 1.35
50 nnn and 1.65 mm, or more specifically 1.5 mm, or 1.35
llllll -1.4 mm.
An inner layer 902 can also be used, preferably a material
having elastic properties such as a thermoplastic elastomer
(TPE) and more specifically an extruded TPE, which include
55 copolymers or a physical mix of polymers (usually a plastic
and a rubber) which consists of materials with both thermo-
plastic and elastomeric properties. Reinforcement f1bers 90S
can also be used to add strength to the cables 80a and SOb as
fabrication and function can involve higher pull strength than
60 conventional earphone cables. Preferred materials include
aramids such as Kevlar, and more specifically 200D-400D
Kevlar including, 200D Kevlar, 300D Kevlar, and 400D Kev-
Jar. Audio wires 904 configured to transmit sound from the
jack 90 to the earbuds lOa and lOb can be positioned within
65 the cables SOa and SOb. Preferred audio wires 904 include
copper wires which can also be surrotmd by an insulating
material 906 such as nylon silk. Using the teachings herein
Case 3:13-cv-02967-GPC-KSC Document 1-3 Filed 12/10/13 Page 21 of 23
US 8,455,758 B2
7
one can manufacture a zipper earphone cable assembly 700
that withstands at least up to 15 kg of torque from end to end
(earbud lOa to jack 90).
Once positioned as desired in the mold 702 the heated
liquid material is allowed into the mold 702 such that it 5
surround the cables 80a and SOh and fills the teeth shaped
cavities 704a and 704b. After being allowed to set, the result-
ing assembly as shown in FIG.13 can include an excess mold
material 706 that is attached to the zipper teeth 40a and 40b
bound to their respective cables BOa and 80b.As shown in this 10
embodiment, the zipper teeth 40a and 40b face outwards,
away from each other, after the injection molding material has
hardened. This excess mold material 706 is sacrificial and can
8
polyetherimide (PEI), polyether ether ketone (PEEK) Poly-
ethylene terephthalate (PET) can be used as a diaphragm
material.
In certain non-preferred embodiments, the ear buds can be
only water proof and the clothing article can include instruc-
tions not to machine dry, for example. Thus a user could wash
their clothing article with the incorporated water proof ear
buds and then hang it out to dry as opposed to subjecting it to
the heat associated with a clothes dryer.
An additional non-zippered cable assembly 400, such as
shown in FIG. 8, is directed to the use of multiple small
complementary magnets 250a and 250b spaced in intervals
along the cables SO a and SOb that can allow the cables SO a and
SOb to connect with each other and release. Magnets 250a and
15 250b can be incorporated into an over-mold material 60a and
60b such that they extend out from the molding, positioned
outside the over-mold material 60a and 60b or be used
directly on the cables themselves.
be removed using cutting tooling or by cutting by hand. This
step is shown in FIG. 14. After the sacrificial molding 706 is
removed, the remaining zipper teeth 40a and 40b are no
longer connected to each other and are set on their respective
cables 80a and SOb. As shown in FIG.lS, the zipperteeth40a
and 40b can easily be rotated 180 degrees such that they face
each other to zip together (FIG. 16) and apart using a zipper 20
slider 50 that is attached. In other embodiments the cavities of
the zi ppcr teeth can face each other in the mold and any excess
molding can likewise be cut off. After installing the slider 50
onto the teeth 40a and 40b using any suitable method, two
upper stops can be placed at the top of the rows of teeth 40a
and 40b to prevent the slider 50 from sliding off the top. As
shown in FIG .18, a stop 1010 can also be placed at the bottom
Expandable Cable Management Systems
According to additional embodiments, the cable manage-
ment systems herein are not necessarily used with earphone
wires and can be used to prevent entanglement of additional
type of cables. FIGS. 6a, 6b, 7a, 1b, and 7c depict cable
management systems that can compress and lengthen two or
25 more wires. These assemblies are use fbi to prevent entangle-
ment of speaker wires, A!V wires, gaming wires, computer
wires, and the like. These assemblies can also be used to
baby-proofhousehold wires and to otherwise prevent general of the two sets of teeth 40a and 40b and be configured to
prevent the zipper slider 50 from sliding off the bottom of the
teeth. A decorative cover can be placed on the bottom stop 30
1010 if desired.
disorganization of wires.
FIGS. 6a and 6b depict a cable management assembly 500
that can expand to twice its compressed length, or substan-
tially so. FIG. 6a shows the assembly 500 in a compressed
state and having two internal channels 540a and 540b each
configured to hold at least 1 wire 510a and SlOb. Alterna-
As shown in FIG. 17 it is preferred that multiple zipper
units 708 are set onto the san1e two cables 80a and SOb
through the use of mass production using an assembly line of
workers and/or tooling. More specifically, spools ofcable80a
and SOb can be configured to run through the manufacturing
steps described above. Sufficient cable spacing should be
provided for between the zipper units 708 to allow for attach-
ment of the headphones, such as ear buds lOa and lOb, and a
jack 90. Once the zipper unit 708 has been completed, the
cables 80a and SOb can be cut at the desired length and
additional parts such as the ear buds lOa and lOb, volume
contrail 000, and jack 90 can be installed using any suitable
method of manufacturing.
35 tively, the assembly can include 1, 2, 3, 4, 5, or more cham1els
wherein each is configured to house at least 1, 2, 3, 4, 5, or
more wires. A track 550 having means for releasable attach-
ment can divide the two halves of the assembly 500. As one
embodiment a zipper track can be used that can be opened and
40 closed via zipper tab 50. Alternatively light magnets, or other
releasable means can be used to divide the two halves of the
assembly 500. The assembly is preferably made of a flexible
material such as rubber or fabric, such that the two halves can
be folded upon each other and releasably couple. FIG. 6b
45 depicts the assembly 500 in an expanded, longer configura-
tion. When the means for releasable attachment are released
(e.g., the zipper track is unzipped) the assembly 500 is
allowed to straighten out to be twice as long as the com-
In addition to standing alone, the zipper earphone assem-
blies herein can alternatively also be utilized directly with a
clothing article, such as on a zip-up jacket or sweatshirt. The
zippered cabled assembly can be manufactured according to
the teachings described herein and then attached to the cloth-
ing article by sewing or other fastening means including hook 50
and loop fasteners, clips, snaps, and the like. Preferably the
audio jack can either be exposed at the bottom of the zipper or
pressed configuration.
Similarly FIGS. 7a, 1b, and 7c depict a cable management
assembly 600 that can expand to 3 times its size from a
compressed form. FIG. 7a depicts a compressed assembly
600 separated into 3 similarly or equally sized sections
wherein each section is divided by a track 640a and 640b
be positioned within a pocket of the clothing article such that
a user can attach it to a portable audio player. According to
one embodiment both cables of a headphone assembly have
zipper teeth attached to them according to the teachings
herein and define a zipper of an article of clothing, such as a
jacket or sweatshirt.
· Preferably water resistant, heat resistant, and durable ear
buds and other parts are utilized to protect against the water 60
from a clothes washer and the heat from a clothes dryer. Water
proof ear buds are known in the art and can readily be used
with this embodiment. According to certain embodiments,
thermo-resistant thermoplastics such as POM or polycarbon-
55 having means for releasable attachment. More specifically
the first track 640a divides the first and second sections, while
the second track 640b divides the second and third sections of
the assembly 600. As one embodiment zipper tracks can be
ate (pc) and the like can be used for the casing, while a 65
hydrophobic mesh or membrane can be used for the venting.
Additionally a high temperature resistant material such as
used for the tracks 640a and 640b and can be opened and
closed via zipper tabs SOa and SOb. Alternatively light mag-
nets, or other releasable means can be used to divide the three
sections ofthe assembly 600. The assembly 600 includes two
internal charu1e!s 660a and 660b each configured to hold at
least 1 wire 610a and 610b. Alternatively, the assembly 600
can include 1, 2, 3, 4, 5, or more channels wherein each is
configured to house at least 1, 2, 3, 4, 5, or more wires. The
assembly 600 is preferably made of a flexible material such as
Case 3:13-cv-02967-GPC-KSC Document 1-3 Filed 12/10/13 Page 22 of 23
US 8,455,758 B2
9
mbber or fabric, such that the three sections can be folded
upon each other as shown in FIGS. 7a and 7b and be releas-
ably coupled. FIG. 7 b depicts the assembly 600 in a semi-
expanded, configuration, where the first section is released
from the second section (track 640a is released), but the
second section remains coupled to the third section (track
640b is closed). FIG. 7c depicts the assembly 600 in a fully
expanded configuration that is opened when the second track
640b is opened (e.g., tmzipped). The fully expanded configu-
ration shown in FIG. 7c is 3 times the length of the com- 10
pressed configuration FIG. 7a, or substantially so. The prin-
cipals described above for assemblies 500 and 600 can be
expanded to make even higher compressed cable manage-
ment assemblies such as those that can be expanded to 4x, 5x,
6x, 7x, 8x, 9x, and lOx their compressed length. These 15
assemblies can also include side ribs to increase their flex-
ibility.
Additional embodiments are directed to using fabric hav-
ing 1 or more chmmels as an outer layer to cover the two or
more wires for certain embodiments above. Fabric is a pre- 20
ferred choice for certain designs in that it is very light weight
and highly flexible. More specifically a zipper backing mate-
rial, such as AQUAGUARD® manufactured by YKK® can
be used to cover and manage wires utilizing the above
embodiments, depending on the desired properties of the 25
cable management assembly. This embodiment makes it
easier to incorporate a zipper as a mem1s for releasable attach-
ment between the two cables.
The invention may be embodied in other specific forms
besides and beyond those described herein. The foregoing 30
embodiments arc therefore to be considered in all respects
illustrative rather than limiting, and the scope of the invention
10
8. The cable assembly of claim 1, wherein the cable assem-
bly further includes a stop to help stop a zipper slider from
sliding off the bottom of the zipper teeth, wherein the stop is
attached to the first electrical wire and the second electrical
wire.
9. A method of making a cable assembly comprising:
providing a first electrical wire and a second electrical wire
that are individually encapsulated by injection molding,
an outer layer comprising a thenno-resistm1t material
outside the first electrical wire and the second electrical
wire;
an affixing apparatus for releasable attachment on the outer
layers ofthe first electrical wire and the second electrical
wire, such that the outer layers canreleasably attach with
one another; and
one or more reinforcement fibers positioned within the
injection molding individually encapsulating the first
electrical wire and the second electrical wire.
10. The method of claim 9, wherein the cable assembly is
a headphone assembly and the first and second wires are
configured to transmit audio sound from a jack to head-
phones.
11. The method of claim 10, wherein the thenno-resistant
material comprises at least one of draw textured yam and
braided nylon.
12. The method of claim 10, wherein the cable assembly
can withstand up to 15 kg of torque from the jack to the
headphones.
13. The method of claim 10, wherein a volume control is
attached to at least one of the first electrical wire and the
second electrical wire.
14. The method of claim 9, wherein the affixing apparatus
comprises a thennoplastic zipper. is defined and limited only by the appended claims and their
equivalents, rather than by the foregoing description.
What is claimed is:
1. A cable assembly comprising:
a first electrical wire;
15. The method of claim 14, wherein a stop used to stop a
35 zipper slider from sliding off the bottom of the zipper,
wherein the stop is attached to both the first and second
electrical wires.
a second electrical wire; a thermo-resistant material that is
molded around the first electrical wire and around the
second electrical wire;
16. The method of claim 9, wherein the first and second
wires are individually encapsulated in an inner layer having
40 them10-resistant and elastomeric properties positioned
undemeath the outer layer.
zipper teeth that are molded to the thermo-resistant mate-
rial of the first electrical wire and the second electrical
wire;
the zipper teeth molded to the first electrical wire being 45
releasably attached to the zipper teeth molded to the
second electrical wire; and
at least one reinforcing fiber, the at least one reinforcing
fiber being encapsulated with at least one of the first
electrical wire and the second electrical wire.
2. The cable assembly of claim 1, wherein:
the zipper teeth are created by injection molding; and
the cable assembly is a headphone assembly and the first
and second wires are configured to transmit audio sound
from a jack to headphones.
3. The cable assembly of claim 1, wherein an outer surface
of the first electrical wire and the second electrical wire com-
prise at least one of draw textured yam and braided nylon.
4. 'TI1e cable assembly of claim 1, wherein the zipper-teeth
are thennoplastic.
5. The cable assembly of claim 1, wherein the at least one
reinforcement fiber comprises an aramid.
6. The cable assembly of claim 1, wherein the at least one
reinforcement fiber comprises Kev Jar.
50
55
60
7. The cable assembly of claim 2, wherein the cable assem- 65
bly can withstand up to 15 kg of torque from the jack to the
headphones.
17. The method of claim 9, wherein the one or more rein-
forcement fibers comprise at least one of an aramid and Kev-
lar.
18. A cable assembly comprising:
a first electrical wire;
a second electrical wire;
a thermo-resistant material that is molded around the first
electrical wire and around the second electrical wire;
zipper teeth that are molded to the !henna-resistant mate-
rial of the first electrical wire and the second electrical
wire;
the zipper teeth molded to the first electrical wire being
releasably attached to the zipper teeth molded to the
second electrical wire via a zipper slider;
at least two reinforcing fibers comprising a first reinforcing
fiber and a second reinforcing fiber, the first reinforcing
fiber being encapsulated with the first electrical wire, the
second reinforcing fiber being encapsulated with the
second electrical wire; and
a stop used to stop the zipper slider from sliding off a
bottom ofthe zipper teeth, the stop being attached to the
first electrical wire and the second electrical wire,
wherein the cable assembly is a headphone assembly,
and the first electrical wire and the second electrical wire
are configured to transmit audio sound from a jack to
headphones.
Case 3:13-cv-02967-GPC-KSC Document 1-3 Filed 12/10/13 Page 23 of 23
US 8,455,758 B2
11
19. The cable assembly of claim 18, further comprising a
volume control attached to at least one of the first electrical
wire and the second electrical wire.
* * * * *
12
EXHIBIT 3
Case 3:13-cv-02967-GPC-KSC Document 1-4 Filed 12/10/13 Page 1 of 8
Case 3:13-cv-02967-GPC-KSC Document 1-4 Filed 12/10/13 Page 2 of 8
MINTZ LEVIN
Andrew D. Skale I 858 314 1506 I ASkale@mintz.com
VIA FACSIMILE, E-MAIL, AND FEDERAL EXPRESS
October 7, 2013
Copyright and Trademark Agent
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
Tel: (206) 266-4064
Fax: (206) 266-7010
E-mail: copyright@amazon.com
Re: Notice ofPatents and Take-Down Request
Dear Sir or Madam:
3580 Carmel Mountain Road, Suite 300
San Diego, CA 92130
858 314-1500
858 314-1501 fax
www.mintz.com
This firm represents Zibpuds, Inc. ("Zipbuds"), in patent, trade dress, and other legal
matters. This letter is to notify you of trade dress and patents ofZipbuds' in relation to
products being sold on Amazon.com. We ask you to take-down the products listed in
Exhibit A from your online store.
Zipbuds owns numerous design and utility patents relating to its products, including U.S.
Patent No. D652,407 and U.S. Patent No. 8,455,758 (the '407 and '758 Patents)
(attached). A simple review of the these product and Zipbuds' patents is quite telling:
Fig. 4
Amazon (Example) '758 Patent '407 Patent
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
BosToN 1 WASHINGTON 1 NEw YoRK 1 STAMFORD 1 Los ANGELES 1 PALO ALTO 1 SAN DIEGO 1 LoNDON
Case 3:13-cv-02967-GPC-KSC Document 1-4 Filed 12/10/13 Page 3 of 8
Amazon.com Legal Department
October 4, 2013
Page 2
It is our understanding that Amazon has responded to demands from our client, claiming
it is not responsible for goods sold under its website (arguing it is a baliee), citing
Pharmastem Therapeutics, Inc. v. Viacell, Inc., 2007 U.S. App. LEXIS 16245. This
analysis is incorrect. First, Pharmastem is not applicable. There, families gave cord
blood to companies, they did not sell its cord blood to these companies. 491 F.3d at
1357. The companies were never owners of the blood, title never changed hands and
therefore, there was no sale. Id. The court reasoned the companies were not entitled to
dispose of the blood as they chose, they were instead contractually obligated to preserve
it until it was needed by the family. Id. The companies were therefore merely bailees,
not sellers. Id. (quoting Sturm v. Boker, 150 U.S. 312, 329-30 (1893) ("The recognized
distinction between bailment and sale is that, when the identical article is to be returned
in the same or in some altered form, the contract is one of bailment and the title to the
property is not changed. On the other hand, when there is no obligation to return the
specific article, and the receiver is at liberty to return another thing of value, he becomes
a debtor to make the return, and the title to the property has changed."). Even though
Amazon may take goods on a consignment basis, there is an expectation that they offer
the goods for sale and ultimately sell the goods (even though they may return some of the
excess product). For this reason, Amazon cannot rely on being merely a bailee.
Second, Amazon is liable for direct infringement under 35 USC§ 271(a) because it is
both offering to sell the infringing product and sold the infringing product. Numerous
cases uphold the right of a patent owner to sue a dealer or retailer who purchases and
resells articles form an infringing manufacturer. American Chern. Paint Co. v. Thompson
Chern. Corp., 244 F .2d 64, 67 (9th Cir. 1957) ("A patent owner has a cause of action,
separate and independent from that against an infringing manufacturer, to recover profits
and damages and to restrain one who resells a product which he purchased from an
infringing manufacturer."); Sherman, Clay & Co. v. Searchlight Horn Co., 225 F. 497,
500 (9th Cir. 1915) ("[T]he owner has the lawful right to sue any dealer who is making
merchandise of his patented article."); see also 5-16 Chisum on Patents§ 16.02
("Numerous cases uphold the right of a patent owner to sue a dealer or retailer who
purchases and resells articles from an infringing manufacturer.").
As Amazon has even recognized previously, its liability is coextensive are a reseller.
Shifferaw v. EMSON USA, 2010 U.S. Dist. LEXIS 25612, 10-11 (E.D. Tex. Mar. 18,
201 0) (Amazon stipulated to be bound by patent infringement determination as to
manufacturer selling on its site).
Accordingly, we hereby demand that Amazon remove from its online store the products
available on the above identified links. Continued sale despite notice would put Amazon
at enhanced risk for liability.
Case 3:13-cv-02967-GPC-KSC Document 1-4 Filed 12/10/13 Page 4 of 8
Amazon.com Legal Department
October 4, 2013
Page 3
Please respond by October 17, 2013, with the steps you have taken to ensure that the
above products and any associated content are removed from Amazon's website. Please
do not hesitate to contact me if you have any questions.
We look forward to your prompt response.

 
t1 ...
rew D, Skale
Enclosures
23222249v.l
Case 3:13-cv-02967-GPC-KSC Document 1-4 Filed 12/10/13 Page 5 of 8
Amazon.com Legal Department
October 4, 2013
Page4
EXHIBIT A
i-Ecko i-Slide- Cool Orange Tangle-Free Zipper Earbuds
• ASIN: B005KS8PX6
• Item model number: IESLO
i-Ecko i-Slide- Cool Black Tangle-Free Zipper Earbuds
ASIN: B005LQ05WG
• Item model number: IESLB
iHip IP-ZIP-BK Tangle Free Zippered Ear Buds- Black
• ASIN: B007ADFV72
• Item model number: IP-ZIP-BK
iHip IP-ZIP-BL Tangle Free Zippered Ear Buds- Blue
• ASIN: B007ADFV6I
• Item model number: IP-ZIP-BL
iHip IP-ZIP-W Tangle Free Zippered Ear Buds - White
• ASIN: B007ADFV50
• Item model number: IP-ZIP-W
iHip IP-ZIP-P Tangle Free Zippered Ear Buds- Pink/Black
• ASIN: B007ADGONG
• Item model number: IP-ZIP-P
ECKO UNLIMITED EKU-ZIP-BL Zip Earbud -Blue
• ASIN: B005F2KHV A
• Item model number: EKU-ZIP-BL
Mizco EKU-ZIP-PK ECKO ZIP Stereo Earbud Headphones with In-Line Microphone-
Pink
• ASIN: B005F2KJK4
• Item model number: EKU-ZIP-PK
Mizco EKU-ZIP-GLD ECKO ZIP Stereo Earbud Headphones with In-Line Microphone-
Gold
• ASIN: B005F2KI96
• Item model number: EKU-ZIP-GLD
Mizco EKU-ZIP-WHT ECKO ZIP Stereo Earbud Headphones with In-Line Microphone
-White
Case 3:13-cv-02967-GPC-KSC Document 1-4 Filed 12/10/13 Page 6 of 8
Amazon.com Legal Department
October 4, 2013
Page 5
•    
• Item model number: EKU-ZIP-WHT
Unique Zipper Style 3.5mm Black Stereo Earbuds For Your Music Listening Pleasure-
Retail Packaged
• B009SPEDOC
• Item model number: ARI-ZIPBUD-BLK
Unique Zipper Style 3.5mm Blue Stereo Earbuds For Your Music Listening Pleasure-
Retail Packaged
• B009SPEQW6
• Item model number: ARI-ZIPBUD-BLK
Unique Zipper Style 3.5mm Pink Stereo Earbuds For Your Music Listening Pleasure-
Retail Packaged
•    
• Item model number: ARI-ZIPBUD-BLK
Earphone Headphones With Remote Mic for iPhone 5 4 4S Zipper Style Green
BOOA475342
Sound Logic XT Tangle-Free Zip Earbuds (Black)
B009TDWDPE
SoundLogic Zippered Earbuds/Earphones, Black
B009I3989E
SoundLogic Zippered Earbuds/Earphones, Pink
B009I398Z8
SoundLogic Zippered Earbuds/Earphones, White
B009l39ACE
SoundLogic Zippered Earbuds/Earphones, Purple
B009I399LQ
Example Hyperlinks:
http://www.amazon.com/i-Ecko-i -Slide-Tangle-Free-Zipper-
Earbuds/dp/B005LQ05WG/ref=sr 1 7?s=electronics&ie=UTF8&qid=138092038
9&sr= 1-7 &keywords=i -ecko
Case 3:13-cv-02967-GPC-KSC Document 1-4 Filed 12/10/13 Page 7 of 8
Amazon.com Legal Department
October 4, 2013
Page 6
http://www.amazon.com/i-Ecko-i-Slide-Orange-Tangle-Free-
Em·buds/dp/8005KS8PX6/ref=sr 1 18?s=electronics&ie=UTF8&qid=13 809203
89&sr=1-18&keywords=i-ecko
http://www.amazon.com/iHip-IP-ZTP-P-Tangle-Free-
Zippered/ dp/8007 ADGON G/ref=sr 1 4 ?s=electronics&ie= UTF8&gid= 13 809252
63&sr= 1-4&keywords=zipper+earbuds
http://www.amazon.com/iHip-IP-ZIP-8L-Tangle-Free-
Zippered/dp/B007ADFV6I/ref=sr 1 3?s=electronics&ie=UTF8&qid=l38092533
2&sr= 1-3 &keywords=zipper+earbuds
http://www.amazon.com/Home-Zone-ZHP1-Zipper-
Headphones/dp/8008QX6L 76/ref=sr 1 7?s=electronics&ie=UTF8&qid=138092
53 6 7 &sr= 1-7 &keywords=zi pper+earbuds
http://www .amazon.com/Mizco-EKU -ZIP-WHT -Stereo-Headphones-
Microphone/dp/8005F2KIY 6/ref=sr 1 12?s=electronics&ie=UTF8&g id= 13 8092
541 O&sr= 1-12&keywords=zipper+earbuds
http://www.amazon.com/SoundLogic-Zippered-Earbuds-Earphones-
8lack/dp/8009I3989E/ref=sr 1 6?s=electronics&ie=UTF8&qid=1380925574&sr
= 1-6&keywords=zippered+earbuds
http://www.amazon.com/SoundLogic-Zippered-Earbuds-Earphones-
White/ dp/800913 9 A CE/ref=sr 1 29?s=electronics&ie= UTF8&qid= 13 80925 684
&sr= 1-2 9&keywords=zippered+earbuds
http://www .amazon.com/SoundLo gi c-Zippered-Earbuds-Earphones-
Purple/dp/8009I399LQ/ref=sr 1 30?s=electronics&ie=UTF8&qid=1380925757
&sr= 1-3 O&keywords=zippered+earbuds
http://www .amazon. com/SoundLo gic-Zippered-Em·buds-Earphones-
Pink/dp/8009I398Z8/ref=sr 1 31 ?s=electronics&ie=UTF8&qid=1380925772&sr
= 1-3 1 &keywords=zi ppered+earbuds
http:/ /www.amazon.com/Sound-Logic-Tangle-Free-Earbuds-
8lack/dp/8009TDWDPE/ref=sr 1 8?s=electronics&ie=UTF8&qid=1380925816
&sr= 1-8&keywords=%22zippered+earbuds%22
Case 3:13-cv-02967-GPC-KSC Document 1-4 Filed 12/10/13 Page 8 of 8
Amazon.com Legal Department
October 4, 2013
Page 7
http:/ /www.amazon.com/Unique-Zipper-Ear buds-Listening-
Pleasure/dp/B009SPEQW6/ref=sr 1 1 ?s=electronics&ie=UTF8&qid=l38092687
6&sr= 1-1 &keywords=b009speqw6

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