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

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

WET SOUNDS, INC.

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


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

Defendants.

FIRST AMENDED COMPLAINT

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

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

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

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

PARTIES

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

in Texas.

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

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

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

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

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

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

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Case 5:18-cv-00807-JGB-KK Document 25 Filed 04/13/18 Page 2 of 10 Page ID #:153

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

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

failed to make an appearance.

JURISDICTION/VENUE

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

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

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

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

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

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

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

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

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

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

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

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

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

claim against Defendant Powerbass USA, Inc.

PATENT INFRINGEMENT

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

forth herein.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

directly infringe Wet Sounds’ Patents.

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

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

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

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

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

remedy at law.

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Case 5:18-cv-00807-JGB-KK Document 25 Filed 04/13/18 Page 4 of 10 Page ID #:155

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

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

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

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

TRADEMARK INFRINGEMENT, TRADEDRESS INFRINGEMENT, AND


TEXAS STATE LAW CLAIMS

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

forth herein.

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

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

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

is shown below:

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

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

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

comparison to Wet Sounds’ Sound Bar:

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Case 5:18-cv-00807-JGB-KK Document 25 Filed 04/13/18 Page 5 of 10 Page ID #:156

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

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

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

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

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

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

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

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Case 5:18-cv-00807-JGB-KK Document 25 Filed 04/13/18 Page 6 of 10 Page ID #:157

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

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

protectable trademark and trade dress rights.

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

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

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

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

quality in making and selling its Sound Bar product.

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

Wet Sounds’ Sound bar product.

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

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

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

Sound Bar product.

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Case 5:18-cv-00807-JGB-KK Document 25 Filed 04/13/18 Page 7 of 10 Page ID #:158

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

product.

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

actions above amount to trademark and trade dress infringement.

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

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

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

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

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

to suffer monetary damage.

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

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

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

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

DEMAND FOR JURY

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

38 of the Federal Rules of Civil Procedure.

PRAYER FOR RELIEF

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

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

provisions of Title 35, United States Code;

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

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

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Case 5:18-cv-00807-JGB-KK Document 25 Filed 04/13/18 Page 8 of 10 Page ID #:159

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

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

claimed subject matter of the Wet Sounds’ Patents;

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

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

Sounds’ Patents;

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

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

provisions of Title 35, United States Code;

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

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

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

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

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

35 U.S.C. § 284;

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

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

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

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

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

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

statute;

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Case 5:18-cv-00807-JGB-KK Document 25 Filed 04/13/18 Page 9 of 10 Page ID #:160

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

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

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

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

laws described above; and

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

appropriate.

Date: April 13, 2018 Respectfully submitted

RALEY & BOWICK, LLP

/s/ Robert M. Bowick


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

ATTORNEYS FOR PLAINTIFF


WET SOUNDS, INC.

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Case 5:18-cv-00807-JGB-KK Document 25 Filed 04/13/18 Page 10 of 10 Page ID #:161

CERTIFICATE OF SERVICE

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

/s/ Robert M. Bowick


Robert M. Bowick

10
Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 1 of 11 Page ID #:162

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

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


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

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


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

US 9,469,254 Bl
Page 2

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


D658,160 S 4/2012 Janky et al.
U.S. PATENT DOCUMENTS D659,677 S 5/2012 Kim eta!.
D685,349 S 7/2013 Ohno eta!.
5,094,316 A 3/1992 Rosen D689,234 S 9/2013 Zhang eta!.
5,646,381 A 7/1997 Boyte, Jr. D697,247 S 112014 Mollaghaffari
5,979,590 A 1111999 Telmos D699,385 S 212014 Guzzini
D468,727 S 112003 Mann esc hi D706,748 s 6/2014 Hara
6,522,755 B1 2/2003 Warnaka et al. D714,763 s 10/2014 Woo eta!.
D476,644 S 7/2003 Mann esc hi D717,477 s 1112014 Nakamura et al.
D480,069 S 9/2003 Carbone et a!. 8,879,758 B2 * 1112014 Yamauchi eta!. ............ 3811182
D494,565 S 8/2004 Yao D719,284 s 12/2014 Mizushiro et a!.
D496,923 S 10/2004 Allen D720,723 S 112015 Cho
6,845,840 B2 * 112005 Cowan eta!. 1811150 D721,059 S 112015 Lehnert
D501,841 S 2/2005 Hsu 2002/0153195 A1 * 10/2002 Messner 1811198
D629,139 S 12/2010 Cai eta!. 2005/0045777 A1 * 3/2005 Lee eta!. ...................... 248/121
D638,823 S 5/2011 Schindler 2010/0158299 A1 * 6/2010 Liu ............................... 3811333
D641,340 S 7/2011 Huh 2010/0220877 A1 * 9/2010 Ishibashi et a!. ............. 3811170
8,073,156 B2 12/2011 Hurt eta!.
D654,907 S 212012 McManigal * cited by examiner
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US 9,469,254 Bl
1 2
SPEAKER SYSTEMS FOR OFF-ROAD Embodiments of a speaker system include a linear array
VEHICLES, ATVS, UTVS, WATERCRAFT, of speakers and a housing encasing a backside of the linear
AND MOTORCYCLES array of speakers, wherein the housing includes sliding track
mounts along its top and bottom surfaces. The speaker
PRIORITY CLAIM system further includes one or more nut and bolt fasteners
arranged on top of the housing and mounting brackets
The present application claims priority to U.S. Provisional arranged along opposing lateral sides of the housing.
Application No. 61/764,637 filed Feb. 14, 2013. The present Embodiments of a utility terrain vehicle include a wind-
application is further a continuation-in-part of U.S. Design shield frame and/or a roll over cage and further a speaker
application Nos. 29/445,639; 29/445,640; 29/445,651; 10 system having a linear array of speakers suspended in
29/445,652; 29/445,656; and Ser. No. 29/445,659 filed Feb. proximity to an upper bar of the windshield frame or in
14, 2013. proximity to a bar of the roll over cage that is forward of
driver and passenger seats of the utility terrain vehicle. The
BACKGROUND OF THE INVENTION linear array of speakers is suspended by mounting brackets
15 on either side of the linear array of speakers. The mounting
1. Field of the Invention brackets are adjustable such that the linear array of speakers
faces the driver and passenger seats.
This invention generally relates to speaker systems and
Embodiments of an all terrain vehicle include a speaker
more specifically to speaker systems for off-road vehicles,
system operationally independent from a stereo of the all
ATVs, UTVs, watercraft and motorcycles.
20 terrain vehicle, wherein the speaker system encases back-
2. Description of the Related Art sides of one or more speakers, at least one amplifier and an
The following descriptions and examples are not admitted audio signal source. The speaker system is detachably
to be prior art by virtue of their inclusion within this section. coupled to a main battery of the all terrain vehicle and is
Auxiliary sound systems made for all terrain vehicles mounted to the all terrain vehicle via quick disconnect
(ATV), utility terrain vehicles (UTV), watercraft, and motor- 25 mounting mechanisms.
cycles generally offer limited acoustical enhancements,
place strain on electrical systems of the vehicles, and lack BRIEF DESCRIPTION OF THE DRAWINGS
mounting versatility. In particular, all products on the market
are plastic molds made to house a car stereo radio and/or car For a more complete understanding of the present inven-
or marine 6.5 inch speakers. As an alternative to housing a 30 tion, and the advantages thereof, reference is now made to
car stereo radio, some use the stereo of the vehicle in which the following descriptions taken in conjunction with the
they are installed for an audio signal source. In general, accompanying drawings, in which:
stereos in ATVs, UTVs, watercraft and motorcycles offer FIG. 1 is a front perspective view of an exemplary audio
relatively little power and, thus, the acoustical enhancement sound bar;
of speaker systems utilizing such stereos are limited. To get 35 FIG. 2 is a bottom view of the audio sound bar depicted
more sound output, some auxiliary speaker systems include in FIG. 1 without its backside casing;
an amplifier. The inclusion of an amplifier, however, will FIGS. 3 and 4 are, respectively, left-side and right-side
often cause a lot of strain on the electrical systems of ATVs views of the audio sound bar depicted in FIG. 1;
and UTVs, as well as some watercraft and motorcycles, due FIGS. 5 and 6 are, respectively, top and bottom views of
to their small charging systems. The strain on the electrical 40 the audio sound bar depicted in FIG. 1;
systems can in turn cause problems to the performance of the FIGS. 7 and 8 are, respectively, front and rear views of the
vehicles. Furthermore, most conventional add-on speaker audio sound bar depicted in FIG. 1; and
systems for ATVs and UTVs are quite large, bulky, and FIG. 9 is a cross-sectional view thereof taken between
unattractive. Some require the removal of and/or an addition axes AA and BB of the audio sound bar depicted in FIG. 8.
of an entire roof, making them difficult and costly to install. 45 While the invention is susceptible to various modifica-
Moreover, most conventional add-on speaker systems are tions and alternative forms, specific embodiments thereof
vehicle specific and, thus, are not versatile to different makes are shown by way of example in the drawings and will
and models of vehicles or even to different types of vehicles. herein be described in detail. It should be understood,
Lastly, many conventional add-on speaker systems have the however, that the drawings and detailed description thereto
speakers firing directly down on your head, so the perception 50 are not intended to limit the invention to the particular form
of sound quality is very poor. disclosed, but on the contrary, the intention is to cover all
Accordingly, it would be desirable to develop new modifications, equivalents and alternatives falling within the
speaker sound systems for ATVs, UTVs, watercraft and/or spirit and scope of the present invention as defined by the
motorcycles. It would be beneficial for such systems to be appended claims.
all-in-one integrated systems, which are compact and suit- 55
able for mounting into a variety of vehicles and furthermore, DETAILED DESCRIPTION OF THE
which have a higher perception of sound quality relative to INVENTION
conventional systems.
The disclosure herein relates to speaker systems particu-
SUMMARY OF THE INVENTION 60 larly for but not limited to vehicular applications in which
passengers are not or not able to be fully enclosed within the
Speaker systems are provided, particularly for but not confines of the vehicle, such as some off-road vehicles (such
limited to use in off-road vehicles, ATVs, UTVs, watercraft as but not limited to ATVs, dirt bikes, dune buggies, sand-
and motorcycles. The follow description of various embodi- rails, some rock crawlers), UTVs, watercraft and motor-
ments of speakers systems and vehicles is not to be con- 65 cycles. In particular, vehicles that do not enable passengers
strued in any way as limiting the subject matter of the to be fully enclosed within their confines are vehicles void
appended claims. of windows, doors, roofs and/or windshields. Additional
Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 8 of 11 Page ID #:169

US 9,469,254 Bl
3 4
speakers are often desirable within such vehicles (i.e., rela- speakers). In some cases, the auxiliary input and output ports
tive to vehicles in which passengers are able to be fully may be used to connect multiple audio systems together.
enclosed) to overcome ambient noise and/or to enhance the In some cases, the speakers systems described herein may
enjoyment of using the vehicle, particularly since many of include a battery or a battery pack. In general, ATVs, UTVs,
such vehicles are used for recreation. In some embodiments, as well as some off-road vehicles and watercraft have very
the speaker systems described herein may be configured as small batteries and many times these vehicles are used to
add-on or after market systems in that they are installed in listen to the stereo with the vehicle off. Having a battery or
a vehicle after manufacture of the vehicle. In other words, a battery pack in the audio systems described herein allows
the speaker systems may be retrofitted into a vehicle. Alter- a user to use the audio system independent of a main battery
natively, the speaker systems described herein may be 10 of a vehicle, preventing the deterioration thereof. The audio
installed in a vehicle while the vehicle is being manufac- systems described herein may be coupled to a main battery
tured. In any case, it is noted that the term speaker system of a vehicle such that a battery or battery pack incorporated
may be interchangeably used herein with the term audio therein is charged by the main battery when the vehicle is
system. running, but then supplies primary power to the audio
As used herein, an all-terrain vehicle (ATV) refers to a 15 system when the vehicle is not running. So, an audio system
vehicle having three, four or six low-pressure tires, a seat need not be removed from a vehicle to charge it. An example
that is straddled by the operator, and handlebars for steering of a suitable battery pack is a lithium ion battery pack, but
control. ATVs generally do not have overhead occupant other types of batteries may be used.
protective structures or overhead windshield frames. An An additional feature of the speaker systems described
ATV is commonly known as a three-wheeler, four-wheeler, 20 herein is that they may have mounting mechanisms and, in
quad or quad bike. Dirt bikes are motorized two wheeled some embodiments, mounting mechanisms specifically for
vehicles which include a seat that is straddled by the suspending the speaker system. The mounting mechanisms
operator and handlebars for steering control. Dirt bikes are may include but are not limited to nuts and bolts for
a subset of motorcycles which are specifically designed for attaching to flat surfaces, pipe mounts (such as for mounting
off-road use and, thus, are not generally classified as street 25 to roll bars or frames), and sliding tracks. Other mounting
legal. Dune buggies, sandrails and rock crawlers generally mechanisms known in the art may be used. In some cases,
have four or more tires and differ from ATVs by having an audio system may include a plurality of different mount-
windshield frames, roll over bars and/or roofs as well as ing mechanisms such that it may be mounted different
non-straddle seating and steering wheels instead of handle locations of a vehicle and/or in a variety of different types of
bars. Dune buggies, sandrails and rock crawlers also differ 30 vehicles. In any case, the mounting mechanisms may some-
from ATVs by having a generally wider and/or longer tire times be configured for relatively quick disconnects or
base. A utility terrain vehicle (UTV) refers to a vehicle with release such that the audio system may be easily and quickly
four or more non-highway tires, a steering wheel, non- detached from a given location/vehicle. Examples of mount-
straddle seating, and an overhead occupant protective struc- ing mechanisms which are configured for relatively quick
ture. UTVs differ from dune buggies, sandrails and rock 35 disconnects or release are those described in reference to
crawlers by having a generally narrower and/or shorter tire FIGS. 1-9, specifically bolt-on application 26, mounting
base. UTVs are commonly known as side-by-side vehicles brackets 28 and sliding track mounts 29. Other types of
and recreational off-highway vehicles. As used herein, mounting mechanisms which offer relatively quick discon-
watercraft refers to any vessel configured for water transport nects or release may be considered for the speaker systems
and/or activity, such as but not limited to boats and personal 40 described herein. Given such detachability and that the
watercraft. A motorcycle refers to a vehicle having two audio systems may in some embodiments include a battery
in-line tires, a seat that is straddled by the operator, and or battery pack and their own audio signal source as noted
handlebars for steering control. Motorcycles and some above, the audio systems described herein may in some
watercraft do not have overhead occupant protective struc- cases be portable, allowing a user to take an audio system
tures or overhead windshield frames. 45 with them and place it in another location, such as setting it
In some embodiments, the speaker systems disclosed on a table or mounting it to another structure.
herein may be all-in-one audio systems in that they include In general, the audio systems described herein may be
one or more speakers, their own audio signal source and mounted in any location within and/or on a vehicle, (i.e., in
optionally at least one amplifier. Due to such a compilation front of, beside, or behind its driver seat and/or passenger
of components, the audio systems need not be connected to 50 seats), including but not limited to the dashboard, the roof,
an independent audio signal to function and, thus, when the hood, the handle bars, the steering wheel, the floor
installed in vehicles, the systems may be operationally boards, or the door panels. In some cases, it may be
independent from the stereo of the vehicles. Furthermore, particularly advantageous to have an audio system arranged
the audio systems may have minimal wiring, particularly such that the speakers face the driver seat and/or front
only a single jacket wire with power and ground and, if 55 passenger seats of the vehicle. In particular, the human
applicable, LED lighting wires. In yet other embodiments, auditory system hears sound best from the front and, thus,
the speaker systems described herein may be void of their positioning the speakers of the audio systems described
own audio signal source and/or an amplifier. In such cases, herein toward a driver seat and/or passenger seats of a
a speaker system may be coupled to a stereo system of a vehicle may optimize the perception of sound therefrom. A
vehicle when installed therein or alternatively to another 60 particularly suitable spot for the audio systems described
device within the vehicle that has its own audio signal herein in some off-road vehicles, UTVs and some watercraft
source. In any case, the speaker systems described herein may be in proximity of or directly attached to an upper bar
may, in some embodiments, include additional components, of a windshield frame, a front roll bar and/or a front edge of
such as but not limited to a Bluetooth source unit, a light a roof. In particular, such vehicles generally have plenty of
source (e.g., light emitting diodes), auxiliary input ports 65 headroom for protection during rollovers and, thus, have
(e.g., for an MP3 player), and auxiliary output ports (e.g., to plenty of room for installation of an audio system which may
go to an external amplifier for a subwoofer or additional have speakers directed at the driver seat and/or front pas-
Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 9 of 11 Page ID #:170

US 9,469,254 Bl
5 6
senger seats of a vehicle. ATVs, motorcycles and some FIG. 2 further depicts the inclusion of battery 18 and FIG.
watercraft (such as personal watercraft) do not generally 1 depicts the inclusion of light emitting diode (LED) lights
include windshield frames, roll over bars or roofs and, thus, 20 within audio system 10, either of which may be optional
in such cases, the audio system described herein may be as noted above, depending on the design specifications of the
mounted on the handle bars of the vehicle or above/upon a audio system. Furthermore, the number, type and placement
hood of the vehicle. In other embodiments, an audio system of battery 18 and LED lights 20 may vary depending on the
may be installed behind, below, above, and/or beside a design specifications of the system. In some cases, an LED
driver seat and/or a passenger seat ofanATV, motorcycle, or may be placed central to each speaker. The LED lights may
personal watercraft. include red, green and blue (RGB) LEDs for cool effects and
An example of an audio system is depicted in FIGS. 1-9. 10 may be turned white for use as a dome light. In some
It is noted that the configuration of the audio system illus- embodiments, other types of light sources may be addition-
trated is merely exemplary. Many other configurations may ally or alternatively included in the system. As shown in
be considered for the audio systems considered herein. For FIG. 4, audio system 10 may include auxiliary input port 22
example, although FIGS. 1-9 illustrate an audio system with (e.g., for a consumer to stream audio to the system via an
eight speakers, the audio systems described herein are not so 15 MP3 player) and/or auxiliary output port 24 (e.g., to connect
limited. In particular, the audio systems described herein to an external amplifier for a subwoofer or to connect to
may include any number of speakers, including a single additional speakers). Although not shown, audio system 10
speaker or any plurality of speakers. For example, it may be may include a Bluetooth source unit as noted above. All of
advantageous to make a shorter or longer array of speakers such components of audio system 10 may be encased in a
for an audio system and, thus, an audio system may alter- 20 housing, which may be of any material and construction
natively include four or ten speakers or any other number of suitable to be water-resistant, weather-resistant, UV-resis-
speakers. Furthermore, the audio systems described herein tant and durable to handle the jarring motion off-roading
are not restricted to having a linear array of speakers as conditions. An example material may be aluminum, but
illustrated for the configuration depicted in FIGS. 1-9. In other materials such as plastics, composites or other metals
particular, any arrangement of speakers may be considered 25 may be considered.
for the audio systems described herein. As such, the audio Although the speakers are not restricted to a linear array,
systems described herein are not limited to the depictions in such a configuration lends to a long, narrow and compact
the drawings. Furthermore, it is noted that the drawings are unit, which may be particularly advantageous for arranging
not necessarily drawn to scale in that particular features may in front of a driver and/or a passenger of a vehicle, such as
be drawn to a larger scale than other features to emphasize 30 in proximity of an upper bar of a windshield frame, a front
their characteristics. roll bar and/or a front edge of a roof, which as noted above
FIGS.1-9 illustrates audio system 10 having a linear array are applicable for UTVs, dune buggies, sandrails and rock
of eight speakers 12 split on either side of control panel14. crawlers. Alternatively, an audio system with a linear array
Although not shown, a grid may be arranged over the face of speakers may be mounted on the dashboard, on the handle
of the system, particularly in front of speakers 12 for a 35 bars or upon a hood of a vehicle. In yet other embodiments,
cosmetic effect. It is noted that control panel14 need not be an audio system with a linear array of speakers may be
central to the linear array speakers and further may alterna- installed behind, below, above, and/or beside a driver seat
tively be disposed on the side, top, bottom or back of the and/or a passenger seat of a vehicle. As used herein, the
housing encasing the backside of the speakers. As shown in phrase linear array of speakers refers to a group of speakers
the bottom view of audio system 10 in FIG. 2 (without its 40 aligned in a single line or row.
back-side casing), six of the eight speakers may be active As noted above, the audio systems described herein may
and the other two speakers may be passive. Other numbers include one or more types of mounting mechanisms and may
and arrangements of active and passive speakers may be particularly include a mounting mechanism which is con-
considered or all the speakers may be active. In yet other figured to suspend the audio system. As further noted above,
cases, tweeter speakers may be included in audio system 10 45 the audio systems described herein may, in some embodi-
with active and/or passive speakers. In general, any type of ments, include a plurality of different mounting mechanisms
speakers and any combination of speaker types may be such that they may be mounted at different locations of a
included in the audio systems described herein. Further- vehicle and/or in a variety of different types of vehicles. An
more, speakers of any size may be considered for the audio example of three different types of mounting mechanisms is
systems described herein. In some cases, particularly when 50 illustrated in FIGS. 1-9, including bolt-on application 26 on
the audio system is mounted in proximity to an upper bar of the upper surface of the unit, mounting brackets 28 along the
a windshield frame, a front roll bar and/or a front edge of a sides of the unit configured for flat surface and/or pipe
roof, relatively small speakers may be of interest in order to mounting, and sliding track mounts 29 along the top and
give enough clearance from individuals sitting in the driver bottom of the housing. In some cases, bolt-on applications
seat and/or front passenger seat of the vehicle. For example, 55 26 may be arranged over the sliding track mount that is
speakers having a width or diameter of approximately 4 arranged along the top surface of the housing as shown in
inches or less may be advantageous. FIGS. 1 and 5. It is noted that in such embodiments bolt-on
As further shown in FIG. 2, audio system 10 may include applications 26 may be removable, particularly in situations
amplifier 16 for the active speakers. In general, the amplifier when the sliding track mount on the top surface of the
is matched to the speakers to provide optimum output and 60 housing is to be used to secure the speaker system to a
sound quality and, in some embodiments, the amplifier may structure. In other cases, bolt-on applications 26 may be
be a full range class D high efficiency amplifier. In any case, arranged over other portions of the top surface of the
the audio system 10 may include its own audio signal source housing (i.e., not over the sliding track mount comprising
such that it may be operationally independent from other the upper surface of the housing). In any case, it is noted that
stereo systems, such as a head unit of a vehicle. In yet other 65 sliding track mounts 29 may include any configuration
embodiments, audio system 10 may be void of its own audio known in the art for sliding track mounts and, thus, they are
signal source and/or amplifier. not limited to the cross-sectional design, width, or depth
Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 10 of 11 Page ID #:171

US 9,469,254 Bl
7 8
depicted in FIGS. 1, 3, 4, and 9. Furthermore, sliding track It is noted that audio system 10 is not restricted to the
mounts 29 may extend between lateral ends of the housing combination of mounting mechanisms depicted in FIGS.
of audio system 10 as shown in FIGS. 1-9, but they are not 1-9. In particular, audio system 10 may alternatively be void
necessarily so limited. In particular, it is contemplated that of one or two of bolt-on application 26, mounting brackets
one or both of sliding track mounts 29 may extend less than 28, and sliding track mounts 29 or may be void of all three
the full length of the housing. Furthermore, audio system 10 mounting mechanisms. Moreover, audio system 10 may
may include more than one sliding track along the upper include other mounting mechanisms in addition to or alter-
and/or lower surfaces of the housing, native to bolt-on application 26, mounting brackets 28, and
The configuration of mounting brackets 28 to be for flat sliding track mounts 29. In yet other embodiments, audio
10
surface mounting is that the upper surfaces of mounting system 10 may be void of any mounting mechanisms.
brackets 28 shown in FIGS. 1, 3, 4, 7 and 8 are substantially It will be appreciated to those skilled in the art having the
flat. In particular, the substantially flat upper surfaces of benefit of this disclosure that this invention is believed to
mounting brackets 28 shown in FIGS. 1, 3, 4, 7 and 8 may provide speaker systems, particularly for but not limited to
be abutted and secured to substantially flat surfaces of 15
use in off-road vehicles, ATVs, UTVs, watercraft and motor-
structures via a nut and bolt or a screw through the hole cycles. Further modifications and alternative embodiments
shown in L-shaped portions 32 of mounting brackets 28. The of various aspects of the invention will be apparent to those
configuration of mounting brackets 28 to be for flat surface skilled in the art in view of this description. For example,
mounting and pipe mounting may be provided via an although the aforementioned figures and accompanying text
addendum part to the brackets shown in FIGS. 1-9. In 20 describe an example of a speaker system with a linear array
particular, mounting brackets 28 may include an addendum of speakers, the speaker systems described herein are not so
part with a substantially flat surface to detachably mate with limited. In particular, any number and arrangement of speak-
the substantially flat upper surface of L-shaped portions 32 ers may be considered for the speaker systems described
shown in FIGS. 1, 3, 4, 7 and 8. In addition, the opposing herein. Accordingly, this description is to be construed as
surface of the addendum part may be concave for mating 25 illustrative only and is for the purpose of teaching those
with a pipe. The addendum part may be removably secured skilled in the art the general manner of carrying out the
to L-shaped portion 32 by any means known in the art for invention. It is to be understood that the forms of the systems
securing two parts together, such as but not limited to nuts shown and described herein are to be taken as the presently
and bolts, screws, sliding tracks, magnets, etc. In yet other preferred embodiments. Elements and materials may be
cases, L-shaped portions 32 may be configured for pipe 30 substituted for those illustrated and described herein, parts
mounting. In particular, the upper surface of L-shaped and processes may be reversed, and certain features of the
portions 32 shown in FIGS. 1, 3, 4, 7 and 8 may alternatively systems may be utilized independently, all as would be
be concave. In such embodiments, mounting brackets 28 apparent to one skilled in the art after having the benefit of
may be configured solely for pipe mounting. In other such this disclosure. Changes may be made in the elements
cases, however, mounting brackets 28 may include an 35 described herein without departing from the spirit and scope
addendum part configured for coupling with the upper of the invention as described in the following claims.
surface of the concave L-shaped portions and further have a
substantially flat opposing surface for mounting to a sub- What is claimed is:
stantially flat surface of a structure. 1. A speaker system, comprising:
In any case, mounting brackets 28 may be adjustable such 40 a linear array of speakers;
that the speakers of the unit may be directed toward the a housing encasing a backside of the linear array of
driver seat and/or front passenger seat of a vehicle. In speakers, wherein the housing comprises sliding track
particular, L-shaped portions 32 of mounting brackets 28 mounts along its top and bottom surfaces each for
may swivel about circular portions 34 which are attached to receiving a mounting;
the sides of the housing encasing the backside of speakers 45 one or more nut and bolt fasteners for mounting the
12. In this manner, when L-shaped portions 32 are secured speaker system to a surface, wherein the one or more
to a structure, linear array of speakers 12 and all of the nut and bolt fasteners are arranged over the sliding
components encased in its backside housing may be moved track that is arranged along the top surface of the
in a rotary manner, particularly to change the angle at which housing; and
the linear array of speakers is directed. It is noted that 50 mounting brackets arranged along opposing lateral sides
L-shaped portions 32 may swivel 360 degrees about circular of the housing for mounting the speaker system to a
portions 34 and, thus, in some cases, mounting brackets 28 surface.
may be adjusted to attach audio system 10 to an underlying 2. The speaker system of claim 1, wherein the mounting
structure or a sideways structure. In particular, mounting brackets are configured for flat surface mounting.
brackets 28 may be adjusted to move L-shaped portions 32 55 3. The speaker system of claim 1, wherein the mounting
approximately 180 degrees from the positions depicted in brackets are configured for pipe mounting.
FIGS. 1-9 such that the parts ofL-shaped portions 32 jutting 4. The speaker system of claim 1, wherein the mounting
out from the side of the housing are in proximity to the lower brackets are configured for flat surface mounting and pipe
surface of the housing. In fact, mounting brackets 28 may be mounting.
adjusted to move L-shaped portions 32 any number of 60 5. The speaker system of claim 1, wherein the mounting
degrees from the positions depicted in FIGS. 1-9 such that brackets are adjustable.
L-shaped portions 32 may be secured to a structure, whether 6. The speaker system of claim 1, further comprising an
it is overhead, sideways or under linear array of speakers 12. audio signal source within the housing and which is elec-
In any case, circular portions 34 may be secured to the sides trically coupled to the linear array of speakers.
of the housing via a nut and bolt or screw, which may be 65 7. The speaker system of claim 1, further comprising an
further tightened to secure L-shaped portions 32 in a par- amplifier within the housing and which is electrically
ticularly position. coupled to the linear array of speakers.
Case 5:18-cv-00807-JGB-KK Document 25-1 Filed 04/13/18 Page 11 of 11 Page ID #:172

US 9,469,254 Bl
9 10
8. The speaker system of claim 1, further comprising a 15. The speaker system of claim 11, wherein the housing
battery pack within the housing and which is electrically comprises a substantially planar exterior backside surface
coupled to the linear array of speakers. behind the linear array of speakers.
9. The speaker system of claim 1, further comprising light 16. The speaker system of claim 11, wherein the housing
emitting diodes arranged along a side of the speaker system comprises:
an upper side comprising the first sliding track mount;
comprising a front side of the linear array of speakers.
a lower side comprising the second sliding track mount;
10. The speaker system of claim 6, further comprising an and
auxiliary input port and an auxiliary output port within an a backside extending between the upper side and the
exterior of the housing, wherein the auxiliary input is lower side, wherein the backside is aligned in a plane
10
electrically coupled to the linear array of speakers, and substantially parallel with a front side of the linear
wherein the auxiliary output port is coupled to the audio array of speakers, and wherein the backside comprises
signal source. a height of at least at one third of the height of the linear
11. A speaker system, comprising: array of speakers.
a linear array of speakers; and 17. The speaker system of claim 11, wherein the first and
15 second sliding track mounts are spaced approximately equi-
a housing encasing a backside of the linear array of
distant from a plane comprising a front side of the linear
speakers, wherein the housing comprises a first sliding array of speakers.
track mount along its exterior surface above the linear 18. A speaker system, comprising:
array of speakers and a second sliding track mount a linear array of speakers;
along its exterior surface below the linear array of 20 a housing encasing a backside of the linear array of
speakers, and wherein each of the first and second speakers, wherein the housing comprises a sliding track
sliding track mounts are for receiving a mounting. mount along its exterior surface for receiving a mount-
12. The speaker system of claim 11, wherein at least one ing; and
of the first and second sliding tracks extends between lateral one or more bolt-on applications arranged over the sliding
ends of the housing. 25 track for mounting the speaker system to a surface.
13. The speaker system of claim 11, further comprising 19. The speaker system of claim 18, wherein the sliding
one or more bolt-on applications arranged over the first track is arranged along a top surface of the speaker system.
sliding track for mounting the speaker system to a surface. 20. The speaker system of claim 18, further comprising
14. The speaker system of claim 11, further comprising mounting brackets arranged at opposing lateral sides of the
mounting brackets arranged along opposing lateral sides of 30 housing for mounting the speaker system to a surface.
the housing for mounting the speaker system to a surface. * * * * *
Case 5:18-cv-00807-JGB-KK Document 25-2 Filed 04/13/18 Page 1 of 6 Page ID #:173

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

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


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

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

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

US D756,962 S
Page 2

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

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

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Case 5:18-cv-00807-JGB-KK Document 25-2 Filed 04/13/18 Page 5 of 6 Page ID #:177

U.S. Patent May 24,2016 Sheet 2 of 3 US D756,962 S

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Case 5:18-cv-00807-JGB-KK Document 25-2 Filed 04/13/18 Page 6 of 6 Page ID #:178

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

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Case 5:18-cv-00807-JGB-KK Document 25-3 Filed 04/13/18 Page 1 of 6 Page ID #:179

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

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


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

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

US D756,963 S
Page 2

(56) References Cited OTHER PUBLICATIONS

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

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

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


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

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

US D757,686 S
Page 2

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