`
`EXHIBIT 2007
`
`
`Tristar’s Answer to Choon’s
`Second Amended Complaint
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`

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`UNITED STATES DISTRICT COURT
`
`EASTERN DISTRICT OF MICHIGAN
`
`CHOON’S DESIGN LLC,
`Plaintiff
`
`TRISTAR PRODUCTS, INC.,
`Defendant.
`
`Case No. 14-10848
`
`Honorable Victoria A. Roberts
`
`Maglstrate Judge Dav1d R. Grand
`
`
`
`DEFENDANT TRISTAR PRODUCTS’
`ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS
`
`Defendant Tristar Products, Inc. (“Tristar”), by and through its attorneys
`
`King & Murray PLLC and Bakos & Kritzer, hereby answers the First Amended
`
`Complaint (the “Complaint”) filed by Plaintiff Choon’s Design LLC (“Plaintiff”).
`
`Upon information and belief, Plaintiff does not own the patents-in—suit, as Plaintiff
`
`has changed its name to Choon’s Design, Inc. For purposes of answering the
`
`Complaint, Tristar has answered as if Choon’s Design, Inc. was properly identified
`
`as the asserting party. To the extent not specifically admitted, Tristar denies each
`
`and every allegation in the Complaint. Tristar incorporates the heading used by
`
`Plaintiff in the Complaint for convenience and ease of reference, and denies any
`
`allegations, assertions or inferences associated with same.
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`

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`PARTIES
`
`1.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 1 of the Complaint, and therefore
`
`denies same.
`
`2.
`
`Tristar admits its primary place of business is at 492 U.S. 46,
`
`Fairfield, New Jersey, 07004.
`
`JURISDICTION AND VENUE
`
`3.
`
`Tristar admits only that this Court has jurisdiction over the subject
`
`matter of this action pursuant to at least 28 U.S.C. § 133 8(a), in that it may involve
`
`claims arising under the Patent Act, 35 U.S.C. § 271.
`
`4.
`
`Tristar admits that this Court has personal jurisdiction over Tristar.
`
`Tristar denies all other allegations set forth in Paragraph 4 of the Complaint.
`
`5.
`
`Tristar admits that venue is legally proper in this Court, but believes
`
`that venue is more appropriate in the United States District Court for the District of
`
`New Jersey. Tristar has filed a Brief in Support of its Motion to Transfer under 28
`
`U.S.C. § 1404(a) detailing the reasons it believes transfer is warranted.
`
`(Doc. 12).
`
`Tristar’s Motion to Transfer is currently pending.
`
`In addition, an action between
`
`Plaintiff and Tristar is currently pending before the United States District Court for
`
`the District of New Jersey. Plaintiff has filed an Answer and Affirmative Defenses
`
`in the New Jersey action.
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`

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`6.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 6 of the Complaint, and therefore
`
`denies same.
`
`7.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 7 of the Complaint, and therefore
`
`denies same.
`
`8.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 8 of the Complaint, and therefore
`
`denies same.
`
`9.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 9 of the Complaint, and therefore
`
`denies same.
`
`10.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 10 of the Complaint, and therefore
`
`denies same.
`
`11.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 11 of the Complaint, and therefore
`
`denies same.
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`

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`12.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 12 of the Complaint, and therefore
`
`denies same.
`
`13.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 13 of the Complaint, and therefore
`
`denies same.
`
`14.
`
`Tristar admits it sells a loom kit under the trademark “Bandaloom,”
`
`including loom, mini loom, hook, rubber bands and clips. Tristar admits it sells
`
`rubber bands separately from the loom kit. Tristar denies all other allegations set
`
`forth in Paragraph 14 of the Complaint.
`
`15.
`
`Tristar admits it sells certain BandaloomTM products, including rubber
`
`bands, on its website (wwwbandaloomcom). Tristar denies all other allegations
`
`set forth in Paragraph 15 of the Complaint.
`
`16. Admitted.
`
`17.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 20 of the Complaint, and therefore
`
`denies same.
`
`18.
`
`Tristar admits that Exhibit 5 purports to be a copy of United States
`
`Patent Number 8,485,565 (the “‘565 patent”) which is entitled “Brunnian Link
`
`Making Device and Kit.” Tristar lacks knowledge and information sufficient to
`
`

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`form a belief about the truth of the remaining allegations in Paragraph 18 of the
`
`Complaint and therefore denies same.
`
`19.
`
`Tristar admits that Cheong Choon Ng is listed as the inventor on
`
`Exhibit 5. Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the remaining allegations in Paragraph 18 of the Complaint and
`
`therefore denies same.
`
`20.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 20 of the Complaint, and therefore
`
`denies same.
`
`21.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 21 of the Complaint and therefore
`
`denies same.
`
`22.
`
`Paragraph 22 of the Complaint states a legal conclusion and therefore
`
`does not require a response from Tristar. To the extent Paragraph 22 contains any
`
`factual allegation, Tristar denies same.
`
`23.
`
`Tristar admits that Exhibit 6 purports to be a copy of United States
`
`Patent Number 8,622,441 (the “‘441 patent”) which is entitled “Hand Held Link
`
`Making Device and Kit.” Tristar lacks knowledge and information sufficient to
`
`form a belief about the truth of the remaining allegations in Paragraph 23 of the
`
`Complaint and therefore denies same.
`
`

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`24.
`
`Tristar admits that Cheong Choon Ng is listed as the inventor on
`
`Exhibit 6. Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the remaining allegations in Paragraph 18 of the Complaint and
`
`therefore denies same.
`
`25.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 25 of the Complaint, and therefore
`
`denies same.
`
`26.
`
`Tristar lacks knowledge and information sufficient to form a belief
`
`about the truth of the allegations in Paragraph 26 of the Complaint and therefore
`
`denies same.
`
`COUNT I — TRISTAR’S DIRECT
`
`INFRINGEMENT OF THE ‘565 PATENT
`
`27.
`
`Tristar repeats and reiterates the responses to the allegations set forth
`
`in Paragraphs 1 through 26 as if each was set forth fully herein.
`
`28.
`
`Paragraph 28 of the Complaint states a legal conclusion and therefore
`
`does not require a response from Tristar. To the extent Paragraph 28 contains any
`
`factual allegation, Tristar denies same.
`
`29.
`
`Paragraph 29 of the Complaint states a legal conclusion and therefore
`
`does not require a response from Tristar. To the extent Paragraph 29 contains any
`
`factual allegation, Tristar denies same.
`
`

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`30.
`
`Paragraph 30 of the Complaint states a legal conclusion and therefore
`
`does not require a response from Tristar. To the extent Paragraph 30 contains any
`
`factual allegation, Tristar denies same.
`
`31.
`
`Paragraph 31 of the Complaint states a legal conclusion and therefore
`
`does not require a response from Tristar. To the extent Paragraph 31 contains any
`
`factual allegation, Tristar denies same.
`
`32.
`
`Paragraph 32 of the Complaint states a legal conclusion and therefore
`
`does not require a response from Tristar. To the extent Paragraph 32 contains any
`
`factual allegation, Tristar denies same.
`
`COUNT II — TRISTAR’S DIRECT
`
`INFRINGEMENT OF THE ‘441 PATENT
`
`33.
`
`Tristar repeats and reiterates the responses to the allegations set forth
`
`in Paragraphs 1 through 32 as if each was set forth fully herein.
`
`34.
`
`Paragraph 34 of the Complaint states a legal conclusion and therefore
`
`does not require a response from Tristar. To the extent Paragraph 34 contains any
`
`factual allegation, Tristar denies same.
`
`35.
`
`Paragraph 35 of the Complaint states a legal conclusion and therefore
`
`does not require a response from Tristar. To the extent Paragraph 35 contains any
`
`factual allegation, Tristar denies same.
`
`

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`36.
`
`Paragraph 36 of the Complaint states a legal conclusion and therefore
`
`does not require a response from Tristar. To the extent Paragraph 36 contains any
`
`factual allegation, Tristar denies same.
`
`37.
`
`Paragraph 37 of the Complaint states a legal conclusion and therefore
`
`does not require a response from Tristar. To the extent Paragraph 37 contains any
`
`factual allegation, Tristar denies same.
`
`38.
`
`Paragraph 38 of the Complaint states a legal conclusion and therefore
`
`does not require a response fi'om Tristar. To the extent Paragraph 38 contains any
`
`factual allegation, Tristar denies same.
`
`PRAYER FOR RELIEF
`
`Tristar denies that Plaintiff is entitled to any relief whatsoever, including the
`
`relief requested by Plaintiff in its prayer for relief and subparagraphs A through I.
`
`WHEREFORE, and especially in light of the fact that Plaintiff does not
`
`maintain any right,
`
`title or interest
`
`in the patents-in-suit, Tristar respectfully
`
`requests that
`
`this Court dismiss Plaintiffs Complaint with prejudice, enter
`
`judgment as a matter of law on behalf of Tristar, and award Tristar such other
`
`relief as the Court deems just and proper.
`
`

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`AFFIRMATIVE DEFENSES
`
`1.
`
`The First Amended Complaint fails to state a claim upon which relief
`
`can be granted.
`
`2.
`
`Plaintiff is not entitled to the relief it seeks because Defendants have
`
`not directly infringed, have not contributed to the infiingement of, and have not
`
`actively induced infringement of, any claim of the patents-in-suit, either literally or
`
`under the doctrine of equivalents.
`
`3.
`
`The ‘565 patent is invalid under pre-AIA 35 U.S.C. §§ 101, 102, 103
`
`and/or 112.
`
`4.
`
`The ‘441 patent is invalid under pre—AIA 35 U.S.C. §§ 101, 102, 103
`
`and/or 112.
`
`5.
`
`The ‘5 65 patent is unenforceable due to misrepresentations to the
`
`United States Patent and Trademark Office and/or violations of an inventor’s
`
`duties during prosecution of the ‘565 patent.
`
`6.
`
`The ‘441 patent is unenforceable due to misrepresentations to the
`
`United States Patent and Trademark Office and/or violations of an inventor’s
`
`duties during prosecution of the ‘441 patent.
`
`7.
`
`Defendants reserve the right to assert other defenses, cross-claims and
`
`third-party claims if and when they become appropriate in this action.
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`

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`COUNTERCLAIMS
`
`THE PARTIES
`
`1.
`
`Plaintiff Tristar Products is a Pennsylvania corporation having its
`
`corporate headquarters and principal place of business at 492 Route 46 East,
`
`Fairfield, New Jersey 07004.
`
`2.
`
`Upon information and belief, Choon’s Design Inc.
`
`is a Michigan
`
`limited liability company with its principal place of business at 48813 West Road,
`
`Wixom, Michigan 48393.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is a civil action for declaratory judgment brought under the
`
`Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and arises under the
`
`Patent Laws of the United States, Title 35 of the United States Code (35 U.S.C. §§
`
`100 et seq.). This Court has subject matter jurisdiction over the action pursuant to
`
`28 U.S.C. §§ 1331 and 1338(a), as it involves substantial claims arising under the
`
`Patent Laws of the United States together with related claims for patent
`
`infringement.
`
`4.
`
`Upon information and belief, personal jurisdiction is proper in this
`
`Court as to Defendant Choon’s Design because Choon’s Design maintains its
`
`principal place of business within this district. Counterclaim Plaintiff asserts that
`
`venue is legally proper in this judicial district pursuant to 28 U.S.C. § 1391(c) but
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`

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`believes that venue is more appropriate in the United States District Court for the
`
`District of New Jersey under 28 U.S.C. §§ 1400(b) (patent infringement action
`
`brought where defendant resides or where defendant’s infringement is alleged to
`
`have occurred). Tristar has filed a Brief in Support of its Motion to Transfer under
`
`28 U.S.C. § 1404(a) detailing the reasons it believes transfer is warranted.
`
`(Doc.
`
`12). Tristar’s Motion to Transfer is currently pending.
`
`In addition, an action
`
`between Plaintiff and Tristar is currently pending before the United States District
`
`Court for the District of New Jersey. Plaintiff has filed an Answer and Affirmative
`
`Defenses in the New Jersey action.
`
`5.
`
`Tristar Products is a New Jersey resident and is alleged to have
`
`committed the allegedly infringing activities at issue within the District of New
`
`Jersey.
`
`BACKGROUND
`
`6.
`
`Tristar Products is a developer, manufacturer, and marketer of various
`
`consumer products including, but not
`
`limited to, home appliances,
`
`fitness
`
`equipment, health and beauty articles, and hardware.
`
`7.
`
`Among the products sold by Tristar Products is the “Bandaloom,”
`
`“Bandaloom Mini Loom,” and “Bandaloom Hook” (hereinafter the “Accused
`
`Products”).
`
`

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`8.
`
`Upon information and belief, Choon’s Design markets and offers for
`
`sale a rubber band bracelet making kit named the “Rainbow Loom.”
`
`9.
`
`Upon information and belief, Choon’s Design is the owner of Ng US.
`
`Patent No. 8,485,565 issued July 16, 2013 and entitled “Brunnian link making
`
`device and kit” (hereinafter “the ‘565 Patent”), a true and correct copy of which is
`
`attached hereto as Exhibit A.
`
`10.
`
`The ‘565 Patent claims priority to US. Provisional Application No.
`
`61/410,399, filed on November 5, 2010.
`
`11.
`
`In the first substantive Office Action of the ‘565 Patent, a true and
`
`correct copy of which is attached hereto as Exhibit B,
`
`the Examiner stated:
`
`“Claims 1 and 12 .
`
`.
`
`. are found to be allowable because the prior art of record
`
`neither teaches nor reasonably suggests the recitations found therein, including
`
`pins having a top flared portion and opening in the front as well as the method of
`
`using the pin bars/base to stretch, capture and pull elastic bands.” (EX. B, at 115).
`
`12. When the Examiner made this statement, the Examiner was not aware
`
`of multiple prior art references which anticipate or make obvious the point of
`
`novelty of the ‘565 Patent.
`
`13. Upon information and belief, Choon’s Design is the owner of Ng US.
`
`Patent No. 8,622,441 issued January 04, 2013 and entitled “Hand Held Link
`
`

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`Making Device and Kit” (hereinafter “the ‘44] Patent”), 3 true and correct copy of
`
`which is attached hereto as Exhibit C.
`
`14.
`
`The ‘441 Patent claims priority to US. Patent Application No.
`
`13/626,057, filed on September 25, 2012, and US. Provisional Application No.
`
`61/846,270, filed on July 15, 2013.
`
`15. Upon information and belief, Choon’s Design is the owner and/or
`
`licensee of the ‘565 Patent and ‘44] Patent (hereinafter “Patents-in—suit”), with the
`
`ability to enforce the Patents-in-suit.
`
`THE CONFLICT
`
`16. Without prior warning or notice, Choon’s Design, LLC filed a
`
`Complaint in the present action against Tristar Products on February 24, 2014
`
`alleging that Tristar Products’ manufacture, use,
`
`sale, offer to sell, and/or
`
`importation of the Accused Products in the United States infiinge the Patents-in-
`
`suit. On February 25, 2014, Tristar Products filed a Declaratory Judgment Action
`
`in the District of New Jersey (Case 2: 14-cv-0 1254-JLL—JAD).
`
`17. Upon information and belief, even though Choon’s Design, LLC
`
`assigned its rights to Choons’ Design Inc. prior to initiation of the present action,
`
`Choon’s Design, Inc. did not correct the defect until it filed a First Amended
`
`Complaint on March 24, 2014. Tristar Products filed an Amended Complaint in
`
`the New Jersey Action on March 27, 2014.
`
`

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`18.
`
`Tristar Products has been injured and damaged by Defendant filing a
`
`Complaint asserting infiingement against the Accused Products, which do not
`
`contain each and every element of the Patents-in-suit.
`
`19.
`
`Counterclaim Defendant,
`
`through its actions, has
`
`impeded the
`
`activities of Tristar Products and Tristar Products has been injured and damaged by
`
`Counterclaim Defendant filing a Complaint asserting infringement of invalid
`
`patent claims. Under the circumstances, there is a substantial controversy over
`
`infringement of the Patents—in-suit by the Accused Products, between Tristar
`
`Products and the Counterclaim Defendant, parties having adverse legal interests, of
`
`sufficient immediacy to warrant the issuance of a declaratory judgment.
`
`FIRST CLAIM FOR RELIEF
`
`Declaration of Non-Infringement
`(‘565 Patent)
`
`20.
`
`Tristar Products
`
`repeats and realleges each of the foregoing
`
`paragraphs by reference as if fully set forth herein.
`
`21. An actual case or controversy exists between Tristar Products and
`
`Counterclaim Defendant, based on Counterclaim Defendant’s claim that Tristar
`
`Products allegedly infringes one or more claims of the ‘5 65 patent.
`
`22.
`
`Tristar Products does not infringe,
`
`induce infringement of, and/or
`
`contributorily infringe, and has not
`
`infringed,
`
`induced infringement of, and/or
`
`

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`23. Without declaratory relief, Tristar Products will be irreparably harmed
`
`and damaged.
`
`SECOND CLAIM FOR RELIEF
`
`Declaration of Invalidity
`[‘565 Patent!
`
`24.
`
`Tristar Products
`
`repeats
`
`and realleges each of the foregoing
`
`paragraphs by reference as if fully set forth herein.
`
`25. Upon information and belief, the ‘565 Patent is invalid and void for
`
`failure to comply with one or more sections of Title 35 of the United States Code,
`
`including, without limitation, 35 U.S.C. §§ 101, 102, 103, and/or 112, and/or for
`
`failure to comply with 37 CPR. § 1.56.
`
`26. An actual controversy exists between Tristar Products and Choon’s
`
`Design regarding whether or not each claim of the ‘565 Patent is valid.
`
`27. Without declaratory relief, Tristar Products will be irreparably harmed
`
`and damaged.
`
`28.
`
`Tristar Products is entitled to a judgment declaring that each claim of
`
`the ‘565 Patent
`
`is invalid for failure to satisfy one or more conditions of
`
`patentability set forth in 35 U.S.C. §§ 101, 102, 103, and/or 112.
`
`

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`THIRD CLAIM FOR RELIEF
`
`Declaration of Unenforceability
`1‘565 Patent)
`
`29.
`
`Tristar Products
`
`repeats
`
`and realleges each of the foregoing
`
`paragraphs by reference as if fully set forth herein.
`
`30. An actual controversy exists between Tristar Products and Choon’s
`
`Design regarding whether or not each claim of the ‘565 Patent is enforceable.
`
`31.
`
`Tristar Products is entitled to a judgment declaring that each claim of
`
`the ‘565 Patent is unenforceable.
`
`FOURTH CLAIM FOR RELIEF
`
`Declaration of Non-Infringement
`(‘441 Patent!
`
`32.
`
`Tristar Products
`
`repeats
`
`and realleges
`
`each of the foregoing
`
`paragraphs by reference as if fully set forth herein.
`
`33. An actual case or controversy exists between Tristar Products and
`
`Defendant, based on Defendant’s claim that Tristar Products allegedly infringes
`
`one or more claims of the ‘441 patent.
`
`34.
`
`Tristar Products does not infringe,
`
`induce infringement of, and/or
`
`contributorily infringe, and has not
`
`infringed,
`
`induced infringement of, and/or
`
`contributorily infringed any valid and enforceable claim of the ‘441 Patent.
`
`

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`35. Without declaratory relief, Tristar Products will be irreparably harmed
`
`and damaged.
`
`FIFTH CLAIM FOR RELIEF
`
`Declaration of Invalidifl
`[‘44] Patent)
`
`36.
`
`Tristar Products
`
`repeats and realleges each of the foregoing
`
`paragraphs by reference as if fully set forth herein.
`
`37. Upon information and belief, the ‘441 Patent is invalid and void for
`
`failure to comply with one or more sections of Title 35 of the United States Code,
`
`including, without limitation, 35 U.S.C. §§ 101, 102, 103, and/or 112, and/or for
`
`failure to comply with 37 CPR. § 1.56.
`
`38. An actual controversy exists between Tristar Products and Choon’s
`
`Design regarding whether or not each claim of the ‘441 Patent is valid.
`
`39. Without declaratory relief, Tristar Products will be irreparably harmed
`
`and damaged.
`
`40.
`
`Tristar Products is entitled to a judgment declaring that each claim of
`
`the ‘441 Patent
`
`is invalid for failure to satisfy one or more conditions of
`
`patentability set forth in 35 U.S.C. §§ 101, 102, 103, and/or 112.
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 18 of 53 Pg ID 254
`
`2:14-CV-10848-VAR-DRG DOC # 13 Filed 04/07/14 Pg 18 0f 53
`
`Pg ID 254
`
`SIXTH CLAIM FOR RELIEF
`
`Declaration of Unenforceabiligj
`[‘441 Patent!
`
`41.
`
`Tristar Products
`
`repeats
`
`and realleges each of the foregoing
`
`paragraphs by reference as if fully set forth herein.
`
`42. An actual controversy exists between Tristar Products and Choon’s
`
`Design regarding Whether or not each claim of the ‘441 Patent is enforceable.
`
`43.
`
`Tristar Products is entitled to a judgment declaring that each claim of
`
`the ‘441 Patent is unenforceable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Tristar Products prays that the Court enter judgment
`
`against Choon’s Design as follows:
`
`A.
`
`A declaration that Tristar Products has not
`
`infringed,
`
`induced
`
`infringement of, or contributorily infringed, and does not
`
`infringe,
`
`induce
`
`infringement of, and/or contributorily infringe, any valid or enforceable claim of
`
`Ng U.S. Patent No. 8,485,565 and Ng U.S. Patent No. 8,622,441;
`
`B.
`
`A declaration that Ng U.S. Patent No. 8,485,565 and Ng U.S. Patent
`
`No. 8,622,441 are unenforceable and/or invalid and void for failure to comply with
`
`one or more sections of Title 35 of the United States Code, including, without
`
`limitation, 35 U.S.C. §§ 101, 102, 103, and/or 112, and/or failure to comply with
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 19 of 53 Pg ID 255
`
`2:14-CV-10848-VAR-DRG DOC # 13 Filed 04/07/14 Pg 19 0f 53
`
`Pg ID 255
`
`C.
`
`A declaration that this case is “exceptiona ” within the meaning of 35
`
`U.S.C. § 285;
`
`D.
`
`An award to Tristar Products of its costs, attorney fees, and expenses
`
`pursuant to 35 U.S.C. § 285; and
`
`E.
`
`That Tristar Products be awarded such other and further relief as this
`
`Court deems proper and just.
`
`Dated: April 7, 2014
`
`Respectfully submitted,
`
`/s/ Thomas J. Murray
`By:
`Thomas J. Murray (P56331)
`King and Murray PLLC
`355 S. Old Woodward, Suite 100
`Birmingham, Michigan 48009
`Telephone: (248) 792-2396
`Telefacsimile: (248) 646-8747
`tmurray@kingandmurray.com
`
`Noam J. Kritzer
`
`Edward P. Bakos
`
`Bakos & Kritzer
`
`147 Columbia Turnpike
`Suite 102
`
`Florham Park, New Jersey 07932
`Telephone: (908) 273-0770
`Telefacsimile: (973) 520-8260
`nkritzer@bakoskritzer.com
`ebakos@bakoskritzer.com
`
`Counselfor Defendant
`Tristar Products, Inc.
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 20 of 53 Pg ID 256
`
`2:14-CV-10848-VAR-DRG DOC # 13 Filed 04/07/14 Pg 20 0f 53
`
`Pg ID 256
`
`DEMAND FOR JURY TRIAL
`
`Tristar Products hereby demands a trial by jury of all issues properly
`
`triable to a jury in this case.
`
`Dated: April 7, 2014
`
`Respectfully submitted,
`
`/s/ Thomas J. Murray
`By:
`Thomas J. Murray (P56331)
`King and Murray PLLC
`355 S. Old Woodward, Suite 100
`Birmingham, Michigan 48009
`Telephone: (248) 792-2396
`Telefacsirnile: (248) 646-8747
`tmurray@kingandmurray.com
`
`Noam J. Kritzer
`
`Edward P. Bakos
`
`Bakos & Kritzer
`
`147 Columbia Turnpike
`Suite 102
`
`Florham Park, New Jersey 07932
`Telephone: (908) 273-0770
`Telefacsimile: (973) 520-8260
`nlqitzer@bakoskritzer.corn
`ebakos@bakoskritzer.com
`
`Counselfor Defendant
`Tristar Products, Inc.
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 21 of 53 Pg ID 257
`
`2:14-CV-10848—VAR-DRG DOC # 13 Filed 04/07/14 Pg 21 0f 53
`
`Pg ID 257
`
`Proof of Service
`
`I certify that on April 7, 2014, I electronically filed the foregoing
`paper with the Clerk ofthe Court using the ECF system which will send
`notification of such filing to all attorneys of record herein at their
`respective addresses as disclosed on the pleadings, and I hereby certify that
`I have mailed by United States Postal Service the papa" to the following
`non-ECF participants:
`
`
`Signature: .'s’Catherinc A. Conti
`Catherine A. Conti
`355 S. Old Woodward, Ste. 100
`Birmingham, MI 48009
`(248) 723-1276
`cconti
`Iennonla
`
`110.com
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 22 of 53 Pg ID 258
`
`2:14-CV-10848—VAR-DRG DOC # 13 Filed 04/07/14 Pg 22 0f 53
`
`Pg ID 258
`
`EXHIBIT A
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 23 of 53 Pg ID 259
`
`2:14-CV-10848-VAR-DRG DOC # 13
`
`Filed 04/07/14 Pg 23 of 53
`
`Pg ID 259
`
`U800848556SBZ
`
`(12) United States Patent
`US 8,485,565 B2
`(10) Patent No.:
`Ng
`
`(45) Date of Patent: Jul. 16, 2013
`
`(54) BRUNNIAN LINK MAKING DEVICE ANDKIT
`
`(76)
`
`Inventor: Cheong Choon Ng, Novi, NH (US)
`
`( *) Notice:
`
`Subject to any disclaimer, theterm ofthis
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 98 days.
`
`(21) Appl.No.: 13/227,638
`
`(22) Filed:
`
`8911.8, 2011
`
`(65)
`
`Prior Publication Data
`
`US 2012/0112457A1
`
`May 10, 2012
`
`Related U.S. Application Data
`
`(60) Provisional application No. 61/410,399, filed on Nov.
`5, 2010.
`
`(51)
`
`Int. Cl.
`3651‘! 69/04
`(52) U.S.Cl.
`
`(2006.01)
`
`(58) Field of Classification Search
`USPC
`289/2,17,16.5,18.1;273/281,288,
`273/309
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`254,258 A *
`2/1882 Barbour
`28/149
`254,288 A "‘
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`
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`
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`(Continued)
`FOREIGN PATENT DOCUMENTS
`2003-520083
`7/2003
`2004-52091!)
`7/2004
`10-21101-0012609
`2/2001
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`
`OTHER PUBLICATIONS
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`JP
`JP
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`KR
`
`International Search Report &Written Opinion for PCT Application
`No. PCT/[15201 1/041553 mailed on Feb 23, 2012.
`
`Primary Examiner — Shaun R Hurley
`(74) Attorney, Agent, or Finn — Carlson, Gaskey & Olds,
`RC.
`
`(57)
`
`ABSTRACT
`
`A Brunnian link is a link formed from a closed loop doubled
`over itselfto capture another closed loop to form a chain. The
`example kit provides for the successful creation of unique
`wearable articles using annian link assembly techniques
`and includes several pin bars that are supported in a desired
`special orientation by at least one base. The desired special
`orientation is dependent on the desired linked configuration
`of the completed article. The base and pin bars may be
`assembled invarious combination and orientations to providc
`endless variation of completed link orientations. Additional
`bases and pin bars can be to fin‘lhcr expand possible com-
`pleted article creation.
`
`18 Claims, 10 Drawing Sheets
`
`
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 24 of 53 Pg ID 260
`
`2:14-CV-10848—VAR-DRG DOC # 13 Filed 04/07/14 Pg 24 0f 53
`
`Pg ID 260
`
`US 8,485,565 B2
`Page2
`
`
`U.S.PATENTDOCUMENTS
`3,748,706 A *
`711973 Doyel
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`. _
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`411914 Anlm .
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`,
`
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`611977 Goss
`911973 (396151 .
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`
`273,272
`4379329 A . 1211979 Loom
`211986 Schwab ..
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`511987 Helmer. ..
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`
`D330,668 s * 1111992 Nagamatsu
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`6061148
`5,163,946 A * 1111992 Li
`
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`711994
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`5,437,459 A *
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`273/246
`5.459905 A ‘
`1011995
`241173
`.
`5,577,299 A 7 1111996
`. 24/131c
`
`5,639,090 A *
`611997 Stevens ......................... 2731287
`
`
`
`,,
`5,713,094 A *
`5’927'764 A 4
`6,065,968 A
`.,
`6,12,359 A
`,,
`51129-551 A
`6,146,144 A 9
`6,171,317 131*
`61330354 31
`6,923,026 131*
`D570.923 S *
`7,909,609 32'
`200910215013 Al“
`201010019495 Al"
`201110152946 A1*
`_
`*c1ted byexaminer
`
`
`
`.
`2/1998 Markeyeta]
`151229.11
`7,1999 Han-1m“
`289117
`5120011
`(3011133
`434133
`912000 Lam .....
`47144
`.
`1012000 Mm“ -
`4341200
`1112000 FQWIBI'EtflL .
`.. 434131
`
`Jackspnetal. ................ 606/148
`U200].
`419005 “(bimetal-
`8/2005 Clarke
`6618
`6/2008 VazquezGastallu.
`11211468
`312011 Molin ................
`4341188
`
`1112009 M61111
`4341191
`112010 Oliveto ........... 28911.5
`
`612011 Friggetal.
`6061300
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 25 of 53 Pg ID 261
`
`2:14-CV-10848—VAR-DRG DOC # 13 Filed 04/07/14 Pg 25 0f 53
`
`Pg ID 261
`
`U. S. Patent
`
`Jul. 16,2013
`
`Sheet 1 0110
`
`US 8,485,565 B2
`
`
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 26 of 53 Pg ID 262
`
`2:14-CV-10848—VAR-DRG DOC # 13 Filed 04/07/14 Pg 26 0f 53
`
`Pg ID 262
`
`US. Patent
`
`Jul. 16, 2013
`
`Sheet 2 of 10
`
`US 8,485,565 B2
`
`
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 27 of 53 Pg ID 263
`
`2:14-CV-10848—VAR-DRG DOC # 13 Filed 04/07/14 Pg 27 0f 53
`
`Pg ID 263
`
`US. Patent
`
`Jul. 16, 2013
`
`Sheet 3 of 10
`
`US 8,485,565 32
`
`
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 28 of 53 Pg ID 264
`
`2:14-CV-10848—VAR-DRG DOC # 13 Filed 04/07/14 Pg 28 0f 53
`
`Pg ID 264
`
`U.S. Patent
`
`Jul. 16,2013
`
`Sheet 4 of 10
`
`US 8,485,565 B2
`
`
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 29 of 53 Pg ID 265
`
`2:14-CV-10848—VAR-DRG DOC # 13 Filed 04/07/14 Pg 29 0f 53
`
`Pg ID 265
`
`US. Patent
`
`Jul. 16, 2013
`
`Sheet 5 of 10
`
`US 8,485,565 B2
`
`
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 30 of 53 Pg ID 266
`
`2:14-CV-10848—VAR-DRG DOC # 13 Filed 04/07/14 Pg 30 0f 53
`
`Pg ID 266
`
`U.S. Patent
`
`Jul. 16, 2013
`
`Sheet 6 of 10
`
`US 8,485,565 B2
`
`FIG. 1 OB
`
`FIG.11B
`
`
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 31 of 53 Pg ID 267
`
`2:14-CV-10848—VAR-DRG DOC # 13 Filed 04/07/14 Pg 31 0f 53
`
`Pg ID 267
`
`US. Patent
`
`Jul. 16, 2013
`
`Sheet 7 of 10
`
`US 8,485,565 B2
`
`
`
`

`

`2:14-cv-10848-VAR-DRG Doc # 13 Filed 04/07/14 Pg 32 of 53 Pg ID 268
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`2:14-CV-10848—VAR-DRG DOC # 13 Filed 04/07/14 Pg 32 0f 53
`
`Pg ID 268
`
`U. S. Patent
`
`Jul. 16, 2013
`
`S