PATENT ASSIGNMENT COVER SHEET
`
`Electronic Version v1.1
`
`Stylesheet Version v1.2
`
`EPAS ID: PAT3360266
`
`SUBMISSION TYPE:
`
`NEW ASSIGNMENT
`
`NATURE OF CONVEYANCE:
`
`CERTIFICATE OF OWNERSHIP AND MERGER
`
`CONVEYING PARTY DATA
`
` EXe°"“°" Date
`AUDIOVOX CORPORATION
`11/29/2011
`
`RECEIVING PARTY DATA
`
`O
`
`PROPERTY NUMBERS Total: 5
`
`Pr°r=ertvTvr=e T
`Patent Number:
`5775762
`
`Patent Number:
`
`Patent Number:
`
`Patent Number:
`
`Patent Number:
`
`6678892
`
`7050124
`
`7245274
`
`7839355
`
`CORRESPONDENCE DATA
`
`Fax Number:
`
`(516)802-7008
`
`Correspondence will be sent to the e-mail address first; if that is unsuccessful, it will be sent
`using a fax number, if provided; if that is unsuccessful, it will be sent via US Mail.
`Phone:
`5168027007
`
`Email:
`
`pjuergensen@|evystopo|.com
`
`Correspondent Name:
`Address Line 1:
`
`PAUL JUERGENSEN
`1425 RXR PLAZA
`
`Address Line 4:
`
`UNIONDALE, NEW YORK 11556
`
`PAUL A. JUERGENSEN
`/paul a. juergensenl
`05/19/2015
` This document serves as an Oath/Declaration (37 CFR 1.63).
`Total Attachments: 4
`
`source=VoxxInternationa|CertificateofMerger—Fi|ed#page1.tif
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`source=VoxxInternationa|CertificateofMerger—Fi|ed#page2.tif
`
`source=VoxxInternationa|CertificateofMerger—Fi|ed#page3.tif source=VoxxInternationa|CertificateofMerger—Fi|ed#page4.tif
`
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`Qefaware
`
`1
`
`‘Die first State
`
`I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
`
`DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
`
`COPY OF THE CERTIFICATE OF OWNERSHIP, WHICH MERGES:
`
`"VOXX INTERNATIONAL CORPORATION", A DELAWARE CORPORATION,
`
`WITH AND INTO ”AUDIOVOX CORPORATION" UNDER THE NAME OF "VOXX
`
`INTERNATIONAL CORPORATION”, A CORPORATION ORGANIZED AND EXISTING
`
`UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED
`
`IN'THIS OFFICE THE FIRST DAY OF DECEMBER, A.D. 2011, AT 11:09
`
`O'CLOCK A.M.
`
`A FILED COPY OF THIS CERTIFICATE HAS BEEN EORWARHED TO THE
`
`KENT COUNTY RECORDER OF DEEDS.
`
`8100M 111244354
`
`2123128
`
`301.: may verify this certificate online
`at corp. dslaware. gov/authver. shtznl
`
` Jeffrey W. Bullock, Secretary ofstate
`
`TION: 9191885
`
`
`
`DATE: 12-01-11
`
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`State of Delaware
`Sacra
`of State
`Division o Corfiorations
`Delivered 11 :18 A 12/01/2011
`FIIED 11:09 AM 12/01/2011
`SRV 1112-M354 - 21231.28 FILE’
`
`CERTIFICATE OF OWNERSHIP AND MERGER
`MBRGING
`VOXX INTERNATIONAL CORPORATION,
`A DELAWARE CORPORATION
`WITH AND INTO
`AUDIOVOX CORPORATION,
`A DELAWARE CORPORATION
`
`(Pursuant to Section 253 ofthe General Corporation Law ofDelaware)
`
`AUDIDVOX CORPORATION (the "Corporation"), a corporation incorporated on the
`10th day ofApril, 1987, pursuant to the provisions ofthe General Corporation Law ofthe State
`ofDelaware, does hereby certify as follows:
`
`That the Corporation is organized and existing under the General Corporation
`1.
`Law ofthe State ofDo1aware.
`
`That the Corporation owns 100% ofthe outstanding capital stock ofVOXX
`2.
`INTERNATIONAL CORPORATION, 11 Delaware corporation (“VIC") incorporated on the 5th
`day of October, 201 1, pursuant to the provisions ofthe General Corporation Law ofthe State of
`Delaware.
`-
`'
`
`That the Corporation detcrrmined to merge VIC into itself(the ‘‘Merger’’) by
`3.
`resolution ofits board ofdirectors attached hereto as Exhibit A, duly adopted on the 11th day of
`October, 2011;
`
`Pursuant to Section 253(1)) ofthe General Corporation Law ofDelaware the name
`4.
`ofthe corporation surviving the merger shall be VOXX lNTERNA'I'iONAL CORPORATION,
`and Article One ofthe Amended and Restated Certificate oflneorporation ofthe Corporation
`shall be amended to read as follows:
`
`“The name of this corporation is VOXX INTERNATIONAL CORPORATION."
`
`5.
`
`The Merger shall become effective upon filing with the Delaware Secretary of
`
`Stat”.
`
`IN WITNESS WHEREOF, the Corporation has caused this Certificate to be signed by
`its duly authorized ofiieer on this 29"‘ day ofNovember, 2011.
`
`A
`
`OVOX
`
`TION
`
`Name:
`Title:
`
`Charles M. Stoehr
`Senior VP & CFO
`
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`
` A
`
`Rose rations ofthe Board of Directors of Audiovox Corporation,
`a Delaware Corporation (the "C0lporati0n")
`
`Mel"
`
`'
`
`A 0M
`
`WHEREAS, the Corporation owns 100% of the outstanding capital stock ofVOXX
`INTERNATIONAL CORPORATION, a corporation organized and existing under the laws of
`the State ofDelaware under the name “VOX.X INTERNATIONAL CORR”. which
`eorporation’a name was changed to “VOXX INTERNATIONAL CORPORATION’ on October
`26, 2011 (“VOXX INTERNATIONAL”) and,
`
`WHEREAS, the Board desires that VOXX INTERNATION.6’lL merge with and into the
`Corporation and that the Corporation possess itselfofall the estate, property, rights, privileges '
`and franchises ofVOXX INTERNATIONAL;
`
`NOW, THEREFORE, BE IT RESOLVED that the Board hereby authorizes the merger of
`VOXX INTERNATIONAL with and into the Corporation, with the Corporation continuing as
`the surviving corporation (the “l\«ierger”); and it was
`
`aasowan FURTHER, that upon the effective date ofthe Merger, the name ofthe
`Corporation shall be changed from “Audiovox Corporation" to "VOXX INTERNATIONAL
`CORPORATION” pursuant to Section 253(1)) ofthe Delaware General Corporation Law; and it
`was
`
`RESOLVED FURTHER, that upon the eifeetive date ofthe Merger, the Corporation shall
`assume any and all assets, obligations and liabilities ot‘VOXX INTERNATIONAL pursuant to
`Section 253 ofthe Delaware General Corporation Law; and it was
`
`RESOLVED FURTHER, that each outstanding share ofcapital stock of VOXX
`IN’I‘F.RNA'I'IONAL will be canceled and extinguished upon the effectiveness ofthe Merger, and
`no consideration shall he issued in exchange therefor; and it was
`
`RESOLVED FURTHER, that the officers of the Corporation he and hereby are directed to make
`and execute a Certificate ofOwnership and Merger etting forth a copy oftho resolution to
`merge VOXX INTERNATIONAL with and into the Corporation and assume VOXX
`INTERNATIONAL's assets, liabilities and obligations, and the date of adoption thereofi and to
`file the same in the otiiee ofthe Secretary of State ofthe State ofDelaware; and it was
`
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`RESOLVED FURTHER, that the Merger of VOXX INTERNATIONAL with and into the
`Corporation shall become effective upon the tiling ofthe Certificate of Ownership and Merger
`with the Secretary of State ofthe State ofbelaware as provided fiat therein; and it was
`
`RESOLVED FURTHER, that the Certificate of Ownership and Merger in the form attached
`hereto as Annex A be and hereby is approved and adopted in all respects; and it was
`
`RESOLVED FURTHER, that upon the effective time ofthe Merger, the Amended and
`Restated Certificate oflnoorporation ofthe Corporation (the “Certificate ofIncorporation”) in
`effect immediately prior to the efiectivess ofthe Merger shall continue to be the Certificate of
`Incorporation ofthe Corporation; provided, however, that the amendment to Article One ofsaid
`Certificate oflnoorporation as is effected by the merger is as iiollowsz "The name ofthis
`corporation is VOXX INTERNATIONAL CORPORATION”: and it was fitrther
`
`RESOLVED FURTHER, that upon the effective time ofthe Merger, the directors and officers of
`the Corporation,‘ as constituted immediately prior to the effectivenes ofthe Merger, shall
`continue to be the directors and oiiicers ofthe Corporation; and it was
`
`RESOLVED FURTHER, that each stock: certificate evidencing the ownership ofeach share of
`Common Stock ofthe Corporation issued and outstanding immediately prior to the effective time
`of the merger shall continue to evidence ownership ofthe shares ofthe Corporation; and it was
`
`RESOLVED FURTHER, that each stock certificate evidencing the ownership ofCommon
`Stock of Corporation issued anytime enter the effective time ofthe merger shall be in the form of
`the stock certificate attached hereto as Annex B or as otherwise approved by the Appropriate
`Officers ofthe Corporation; and it was
`
`RESOLVED FURTHER, that the Board hereby authorizes, directs and empowers the
`Chief Executive Officer, the Executive Vice Presidents, Senior Vice Presidents and Vice
`Presidents ofthe Corporation (the “Appropriate Ofiiccrs”), and Bach ofthem, for and on behalf
`ofthe Corporation, to take any and all such actions, and prepare, execute and deliver any and all
`such documents, including filing ofthe Cfertiiieate ofOwnership and Merger, as may be
`necessary or advisable to carry out the foregoing resolutions, and hereby ratifies and confirms
`any and all actions taken heretofore to accomplish such purposes.
`
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`

`
`Case 2::i.:§*CV“Q382Ar".‘§\D€E“Ai'<T
`
`DC}CUm€:‘l’i‘{ 3 Fiiezié Q8f;tf£.;’11 Page 1 of 1 Pageii}
`
`3323
`
`A0 I20 Rev. 08/10
`
`T0:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.0. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or l5 U,S.C. § lll6 you are hereby advised that a court action has been
`filed in the U.S. District Court for the Eastern District of New York
`on the following
`
`[] Trademarks or
`
`K] Patents.
`
`( E] the patent action involves 35 U.S.C. § 292.):
`
`
`
` DA‘$‘§i}'“sE€ 3, 2011 “'5'
`:21? ’§}%° istrict of New York
`DEFENDANT
`
`AVA Enterprises Inc. d/b/a BOSS
`Audio Systems
`
`DOCKETNO.
`CV ll-3824
`PLAHWHFF
`
`
`
`*udiovox Corporation
`
`
`
`
`
`
`
`
`
`
`31: 6, 678, 892
`Jan. 13, 2004
`Audiovox Corporation
`——
`
`In the above——entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
` (BY) DEPUTY CLERK
`
`DATE
`
`Copy l——Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2——Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`Page 7 of 329
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`
`Fe” 19' W
`
`
`and those listed below:
`In the above——~entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`INCLUDED BY
`
`August
`
`8 , 2011 X Complaint E] Amendment
`
`E] Answer
`
`E] Cross Bill
`
`[I Other Pleading
`
`
`
`£5,775,762
`
`Ju]__ -7, 1998
`
`Audiovox Corporation
`
`17,548,413
`
`Jun. 16, 2009
`
`Audiovox Corporation
`
`9; 7,839,355
`
`Nov, 23, 2010
`
`Audiovox Corporation
`
`
`
`
`
`
`
`
`Page 7 of 329
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`

`
`Mai] Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 andfor I5 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the US. District Court
`
`Eastern District of New York
`
`on the following X Patents or
`
`Cl Trademarks:
`
`DATE FILED
`Februa
`
`I8 2009
`
`U.S. DISTRICT COURT
`
`Eastern District ofNew York
`
`TRADEMARK
`"‘SEE ATTACHED COMPLAINT FOR DETAILS
`
`DOCKET NO.
`09CV687 TCP
`PLAINTIFF
`Audiovox Corporation
`
`FOR] Enterprises, Inc.
`
`DEFENDANT
`
`
`PATENT OR
`DATE OF PATENT
`TRADEMARK NO.
`OR TRADEMARK
`
`_=_=j
`
`7,245,274
`
`HOLDER OF PATENT OR TRADEMARK
`
`5,775,762
`
`.3'.-
`
`1
`
`L _.
`
`-.
`
`DATE INCLUDED
`
`In the above——entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK N0.
`
`Cl Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`[I Answer
`
`E] Cross Bill
`
`D Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`February 23, 2009
`
`Robert C. Heinemann
`
`"
`
`’
`
`,
`
`a
`
`DATE
`
`Copy 1-—Upon initiation of actzionrmail this copy to Director Copy 3-—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
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`
`Donmsum.
`
`FEIEEQICE
`IN THE UNITED STATES DISTRICT COURT
`R '
`4.
`FOR THE EASTERN DISTRICT OF NEW YO5g<,;';'S$,§,E,3, COURT ED
`I,
`2
`...................
`
`AUDIOVOX CORPORATION?)
`
`
`I
`
`
`
`‘
`
`».
`..
`A FEB 132309
`-‘F,9 "’.‘.¢“’¥1 M10“ N°-
`fl22-?3‘’fi
`?
`BROOKL N OFFICE
`
`Plaintiff,
`
`- V_ _
`
`FORJ ENTERPRISES, INC.
`
`:
`:
`
`:
`
`COMPLAINT FOR PATENT
`INFRINGEMENT AND DEMAND
`
`FOR JURY TRIAL
`
`Defendant.
`
`Ml.Ju
`
`. . . _ . _ . . . . _ _ _ . . _ . . _ . . . . . . . . . , . . . . . - - X
`
`Plaintiff Audiovox Corporation (“Audiovox”), for its complaint against defendant FORJ
`
`Enterprises, Inc. (“FORJ”), alleges and states as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`Audiovox seeks injunctive relief and damages as a result of FORJ’s infringement
`
`of U.S. Patent Nos. 7,245,274 (“the ‘274 Patent”) and 5,775,762 (“the ‘762 Patent”).
`
`PARTIES
`
`2.
`
`Audiovox is a corporation Organized and existing under the laws of Delaware,
`
`with its principal place of business at 180 Marcus Boulevard, Hauppauge, New York.
`
`3.
`
`Upon information and belief, FORJ is a corporation Organized and existing under
`
`the laws of Pennsylvania, with a place of business at 557 Valley View Road, Springfield,
`
`Pennsylvania.
`
`JURISDICTION AND VENUE
`
`4.
`
`This Court has subject matter jurisdiction under the provisions of 128 U.S.C. §§
`
`1331 and 1338(a), because this is an action for patent infringement arising under the laws of the
`
`NJ 226, 620,864v1 2-18-09
`
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`United States, including 35 U.S.C. §§ 271 and 281-285.
`
`5.
`
`Upon information and belief, FORJ has transacted business and has committed
`
`tortious acts of patent infringement within the State of New York and within this Judicial District
`
`with respect to the ‘274 and ‘762 Patents, and is thereby subject to the personal jurisdiction of
`
`this Court.
`
`6.
`
`Venue is proper in this Judicial District under 28 U.S.C. §§ 1391 and l400(b).
`
`Count I: FORJ’s Infringement Of The ‘274 Patent
`
`7.
`
`Audiovox is the legal owner by assignment of the ‘274 Patent, a copy of which is
`
`attached hereto as Exhibit A. The ‘274 patent, entitled “Headrest Mountable Video System”,
`
`was duly and lawfully issued by the U.S. Patent and Trademark Office on July 17, 2007.
`
`8.
`
`Audiovox markets and sells, throughout the United States, headrest mountable
`
`video systems embodying the claimed invention of the ‘274 Patent through its wholly owned
`
`subsidiary, Audiovox Electronics Corporation (“Audiovox Electronics”). Audiovox Electronics
`
`is a corporation organized and existing under the laws of the State of Delaware, with its principal
`
`place of business at 180 Marcus Boulevard, Hauppauge, New York. All profits from Audiovox
`
`Electronics’ sales of video systems embodying the patented invention flow to Audiovox.
`
`9.
`
`Upon information and belief, FORJ has infringed and continues to infringe
`
`(directly, indirectly, contributorily and/or by inducement) the ‘274 Patent by making, using,
`
`importing, offering to sell and/or selling (directly or through intermediaries) headrest mountable
`
`video systems embodying one or more of the Patent’s claims in this Judicial District and
`
`elsewhere, including, for example, the DVD72l-IR video system.
`
`10.
`
`Upon information and belief, FORJ’s infringement of the ‘274 Patent has been,
`
`and continues to be, willful, deliberate, intentional and without color of right.
`
`NJ 226,620,864v1 2-18-09
`
`2
`
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`
`11.
`
`Upon information and belief, FORJ’s willful infringement of the ‘274 Patent will
`
`continue unless permanently enjoined.
`
`12.
`
`Audiovox has suffered and will continue to suffer irreparable harm by reason of
`
`FORJ’s infringement of the ‘274 Patent, including, inter alia, lost profits and the erosion of
`
`Audiovox’s statutory right to exclude others from practicing the claimed invention.
`
`13.
`
`Audiovox is entitled to all damages adequate to fully compensate Audiovox for
`
`FORJ’s willful infringement of the ‘274 Patent.
`
`Count II: FORJ’s Infringement Of The ‘762 Patent
`
`14.
`
`Upon information and belief, Christopher J. Vitito (“Vitito”) is the legal owner by
`
`assignment of the ‘762 Patent, a copy of which is attached hereto as Exhibit B. The ‘762 Patent,
`
`entitled “Overhead Console Having Flip-Down Monitor”, was duly and lawfully issued by the
`
`U.S. Patent and Trademark Office July 7, 1998. Audiovox is the exclusive licensee of the ‘762
`
`Patent, having acquired from Vitito all substantial rights in the Patent, including the exclusive
`
`right to enforce the ‘762 Patent against any and all infringers.
`
`15.
`
`Audiovox markets and sells, throughout the United States, overhead DVD players
`
`embodying the claimed invention of the ‘762 Patent through its wholly owned subsidiary,
`
`Audiovox Electronics. All profits from Audiovox Electronics’ sales of overhead DVD players
`
`embodying the patented invention flow to Audiovox.
`
`16.
`
`Upon information and belief, FORJ has infringed and continues;
`
`to infringe
`
`(directly, indirectly, contributorily and/or by inducement) the ‘762 Patent by making, using,
`
`importing, offering to sell andlor selling (directly or through intermediaries) overhead consoles
`
`having a flip down monitor embodying one or more ofthe Patent’s claims in this Judicial District
`
`and elsewhere, including, for example, the DVD90FD Video System.
`
`NJ 226, 620, 85-4V1 2-18-09
`
`3
`
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`17.
`
`Upon information and belief, FORJ’s infringement of the ‘762 Patent has been,
`
`and continues to be, willful, deliberate, intentional and without color of right.
`
`18.
`
`Upon information and belief, FORJ ‘s willful infringement of the ‘762 Patent will
`
`continue unless permanently enjoined.
`
`19.
`
`Audiovox has suffered and will continue to suffer irreparable harm by reason of
`
`FORJ’s infringement of the ‘762 Patent, including, inter alia, lost profits and the erosion of
`
`Audiovox’s statutory right to exclude others from practicing the claimed invention.
`
`20.
`
`Audiovox is entitled to all damages adequate to fully compensate Audiovox for
`
`FORJ’s willful infringement of the ‘762 Patent.
`
`DEMAND FOR JURY TRIAL
`
`21.
`
`Plaintiffs request a jury trial under Fed. R. Civ. P. 38 on all issues so triable.
`
`PRAYER FOR RELIEF
`
`WI-IEREFORE, Plaintiffs pray for judgment as follows:
`
`A.
`
`FOR] has infringed claims of the ‘274 and ‘762 Patents, literally and/or under the
`
`doctrine of equivalents;
`
`B.
`
`FOR] and its respective agents, servants, officers, directors, employees and all
`
`persons acting in concert with them, directly or indirectly, be preliminarily and permanently
`
`enjoined from infringing, inducing others to infringe, or contributing to the infringement of the
`
`‘274 and ‘762 Patents;
`
`C.
`
`FORJ be ordered to account for and pay to Audiovox the damages to which
`
`Audiovox is entitled as a consequence of FORJ’s infringement of the ‘274 and ‘762 Patents in an
`
`amount no less than a reasonable royalty for the use made of the invention by FOR];
`
`D.
`
`That such damages be trebled under 35 U.S.C. § 284 by reason of FORJ’s willful,
`
`NJ 226,620,86'4v1 2-18-09
`
`4
`
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`
`V
`
`deliberate and intentional infringement of the ‘274 and ‘762 Patents;
`
`E.
`
`That Audiovox be awarded prejudgment interest and post—judgment interest on
`
`any damages awarded by reason of FORJ’s infringement of the ‘274 and ‘762 Patents;
`
`F.
`
`That this case be found “exceptional”, and that Audiovox be awarded costs,
`
`disbursements and attorneys’ fees in accordance with the provisions of 35 U.S.C. § 285; and
`
`G.
`
`That Audiovox be awarded such other and further relief as this Court may deem
`
`just, proper and equitable.
`
`Dated: February 18, 2009
`
`GREENBERG TRAURIG, LLP
`
`Michael A. Nicoderna (MN 2949)
`Douglas Weider (DW 53: 96)
`
`GREENBERG TRAURIG, LLP
`200 Park Avenue
`
`Florham Park, New Jersey 07932
`Tel: (973) 360-7900
`Fax: (973) 301-8410
`
`Attorneysfor Plaim‘Ifl"Audi0v0x
`Corporation
`
`NJ 225,620,854!!! 2-18-09
`
`5
`
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`Page 13 of 329
`
`PETITIONER'S EXHIBIT 1002
`
`

`
`Case 2:08-cv-05263-DRH-ARL Documént 2
`
`Fifed 01/1 3!2009
`
`Page ‘I OH
`
`
`
`
`REPORT ON THE
`
`FILING DR DETERMINATION OF AN
`Director at‘ the US. Patient and 'I'ra.dema.rli; Dfflce
`ACTION REGARDING?-X PATENT DIR
`P.'0~ BOX 1450
`
`
`
`TRADEMARK
`Pdexand-.1'l_a. VA 32313-1450
`
`
`
`In _Complian<':'e war: 35 U,S.C.'§ 290 andfor 1'-5 u._s.c.'§ u ui
`you are hereby advised that: court action has been
`EDNY
`
`Piatenlsnr
`_on _1]1e;tfn11n\_wing
`[3 Tradernarlcs:
`filed in the 11.5. Disuiq com
`
`
`
`EDNY
`
`nnzlmnnarwr
`TMI PRODUCTS. lNC.g_s
`
`
`
`DATE or PATENT‘
`‘man MARK
`
`
`
`i
`I
`*
`
`
`
`‘In the above—-emideii casé. the following pamIIt(s)Ihad;1‘ia1kIs) have balm included:
`DATE INCLUDED
`INCl..UDED'B.‘x’
`
`El Answei
`
`El Cross 13:11
`
`3
`
`HOLDER OP PATENT oit""t'RAD1miARK
`
`.
`E] Qfl1a1'Plm¢£:l
`
` %
`
`PATENT on
`‘TRADEMARK No.
`
`El Amendment
`DATE or PATENT‘
`on TRADEMARK
`
`DECISIGNIJUDGEMENI
`
`
`
`1I1:5f2009
`
`DAT-.E
`
`ofaction’. mail this tupy to Dircator
`Cop; 1——Upou Initiation ofu':flon,.mall thhenpy tb.Dh"ectnr Copy 8—:;Upnn
`Copy’!!-Casefll_ecu.py
`Copy Z—Upou filing’ documt adding putmflfi). anal this cupy to Directin-
`
`Page 14 of 329
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`PETITIONER'S EXHIBIT 1002
`
`Page 14 of 329
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`PETITIONER'S EXHIBIT 1002
`
`

`
`§ A0 120 Rev. 3/04
`
`TO‘
`'
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.0. Box 1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`TRADEMARK
`
`Alexandria, VA 22313-1450
`
`In Compliance with 35 U.S.C. § 290 and/or I5 U.S.C. § I 116 you are hereby advised that a coun action has been
`
`filed in the U.S. District Court
`
`Eastern District of New York
`
`on the following
`
`X Patents or
`
`Cl Trademarks:
`
`DOCKET NO.
`08cvI289 LDW
`PLAINTIFF
`
`DATE FILED
`3/28/2008
`
`U.S. DISTRICT COURT
`
`DEFENDANT
`
`Eastern District of New York
`
`Invision Industries, Inc.
` Audiovox Corporation
`
`
`
`
`
`——
`
`——
`
`In the above—‘-’—entitled' case, the following patent(s)/ trademark(s) have been included:
`
`I] Cross Bill
`
`El Amendment
`
`I] Answer
`
`C] Other Pleading
`
`In the above—entitled case, the following decision has been rendered orjudgement issued:
`DECISION/JUDGEMENT
`
` n
`Robert C. Heinemann
`
`CLERK
`
`‘ _
`~.
`
`..
`
`é/opy to Director; ; (:33/ipy 3—Upon termination of action, mail this copy to Director
`‘
`I‘
`Copy 2—Upon filing document adding patent(s)’, mail this c_o';5y. to Director
`Copy 4-Case file copy
`
`Page 15 of 329
`
`I
`
`*
`
`PETITIONER'S EXHIBIT 1002
`
`Page 15 of 329
`
`PETITIONER'S EXHIBIT 1002
`
`

`
`Case 2:08—cv—01289—LDW—W
`%AO I20 Rev 3104
`
`DW Document 2
`
`Filed 04/01/2008
`
`Page 1 of 1
`
`TRADEMARK
`
`REPORT ON THE
`
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`TO:
`
`Mail Stop 8
`Director of the US. Patent and Trademark Office
`P.0. Box I450
`Alexandria, VA 22313-1450
`
`In Compliance with 35 U.S.C. § 290 and/or I5 U.S.C. § ill6 you are hereby advised that a court action has been
`U Trademarks:
`Eastern District of New York
`on the following
`X Patents or
`filed in the U.S. District Court
`
`
`
`Fl LED
`
`
`
`U.S. DISTRICT COURT
`
`Eastern District ofNcw York
`IN
`DEFENDANT
`U.S. D
`
`
`
`
`
`DATE FILED
`3/2R!2008
`
`
`
`DOCKET NO.
`08cvl289 LDW
`PLAINTIFF
`
`
`Audiovox Corporation
`
`lnvision Industries, Inc.
`
`* MAR 2 8 2008
`
`
`
`HOLDER OF PATENT ORAN D
`
`DATE OF‘ PATENT
`OR TRADEMARK
`
`
`
`PATENT OR
`TRADEMARK NO.
`
`1
`
`US D448,009 S
`
`9] I 3l200l
`
`Audiovox Corporation
`
`
`
`
`
`7
`
`‘r
`
`‘I E
`
`
`
`2
`
`3
`
`US 6,899,365 B2
`
`US 7,245,274 B2
`
`5/3 I/2005
`
`7ll7/2007
`
`Audiovox Corporation
`
`Audiovox Corporation
`
`
`
`
`
`
`
`
`in thc above——entiticd case, the following patcnI(s)l trndcma.rk(s) have been included:
`
` DATE INCLUDED
`
`PATENT OR
`TRADEMARK N0.
`
`INCLUDED BY
`
`El Amendment
`DATE OF PATENT
`
`[I Answer
`
`[I Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`OR TRADEMARK El Cross Bill
`
`
`In the abovc—entit|cd case. the following decision has been rendered orjudgemcnt issued:
`
`DECISION/JUDGEMENT
`
`CLERK
`
`'
`
`Robert C. Heinemann
`
`(BY) DEPUTY CLERK
`3iCiS'
`
`DATE
`
`-- rnaor
`
`“"’2°°“
`
`Copy 3—Upon termination of action, mail this copy to Director
`Copy l—Upon initiation of action. mail this copy to Director
`Copy 4-Case file copy
`Copy 2—Upon filing document adding pntent(s). mail this copy to Director
`
`Page 16 of 329
`
`PETITIONER'S EXHIBIT 1002
`
`Page 16 of 329
`
`PETITIONER'S EXHIBIT 1002
`
`

`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`10/438,724
`
`ISSUE DATE
`
`07/17/2007
`
`22150
`
`7590
`
`06/27/2007
`
`F. CHAU & ASSOCIATES, LLC
`130 WOODBURY ROAD
`WOODBURY, NY 11797
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`7245274
`
`8002A—80
`
`6312
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 398 day(s). Any patent to issue from the above—identified application will
`include an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Customer Service Center of the Office of Patent Publication at
`(571)-272-4200.
`
`APPLICANT(S) (Please see PAIR WEB site http://pair.uspto. gov for additional applicants):
`
`George C. Schedivy, Aquebogue, NY;
`
`112103 (Rev. 11/05)
`Page 17 of 329
`
`PETITIONER'S EXHIBIT 1002
`
`Page 17 of 329
`
`PETITIONER'S EXHIBIT 1002
`
`

`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Offlce
`Address: COMMISSIONER FOR PATENTS
`PO. Box I450
`Alexandria. Virginia 22313-1450
`wwwiusplo.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`I0/438.724
`
`05/I 5/2003
`
`I George C. Schcdivy
`
`8002A-80
`
`63I2
`
`22|50
`7590
`05/22/2007
`F. CHAU&ASSOClATES, LLC
`I30 WOODBURY ROAD
`
`WOODBURY, NY 11797
`
`PATEL. NITIN
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`ART UNIT
`
`2629
`
`MAIL DATE
`
`05/22/2007
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Page 18 of 329
`
`.
`
`PETITIONER'S EXHIBIT 1002
`
`Page 18 of 329
`
`PETITIONER'S EXHIBIT 1002
`
`

`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`U.S. Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`APPLICATION NO./
`CONTROL NO.
`
`FILING DATE
`
`FIRST NAMED INVENTORI
`PATENT IN REEXAMINATION
`
`A
`
`ATTORNEY DOCKET NO.
`
`10438724
`
`5/15/03
`
`SCHEDIVY, GEORGE C.
`
`8002A-80
`
`F. CHAU & ASSOCIATES, LLC
`130 WOODBURY ROAD
`WOODBURY, NY 11797
`
`EXAMINER
`
`‘
`
`-
`
`«
`
`NW“ '°a‘e'
`
`ART_ UNIT
`
`PAPER
`
`2629
`
`20070509
`
`DATE MAILED:
`
`Please find below andlor attached an Office communication concerning this application or
`proceeding.
`
`'
`
`Commissioner for Patents
`
`IDS filed on 9/ 19/2006 has been considered and signed by examiner.
`
`NITIN I. PATEL
`PRIMARV :;x/us./m\u;n
`
`Nitin Patel
`
`Primary Examiner
`Art Unit: 2629
`
`PTO-90C (Rev.04-03)
`
`Page 19 of 329
`
`-
`
`PETITIONER'S EXHIBIT 1002
`
`Page 19 of 329
`
`PETITIONER'S EXHIBIT 1002
`
`

`
`Form PTO-1449
`
`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`
`ATTY. DOCKET NO.
`
`SERIAL NO.
`
`8002A-80
`
`'
`
`10/433 724
`
`Sheet 1 of 1
`
`GROUP ART UNIT .
`
`APPLICANT
`
`Geo e C. schedi
`
`FILING DATE
`
`Ma 15. 2003
`
`2629
`
`'
`
`
`
`U.S. PATENT DOCUMENTS
`
`DOCUMENT
`NUMBER
`
`DATE
`
`CLASS
`
`FILING DATE
`IF APPROPRIATE
`
`681
`
`637
`
`6 081 420
`06-2000
`Rosen John a.
`1 ,4’ _ 09-2001
`6 292 236
`x .,. W Ma Ha:-xuan
`E
`M
`04-1995
`M
`07.2001 @ u
`r 1’
`03-2000
`297
`_ -
`297
`217.3
`Vottero-Fin et al.
`— —
`Lobanofi
`FOREIGN PATENT DOCUMENTS
`
`6102476
`.982 996
`4 702 519
`
`10-1987
`
`\
`
`ml
`
`PUBLICATION
`
`DATE
`
`COUNTRY
`
`CLASS
`
`SUBCLASS
`
`ABSTRACT
`TRANSLATION
`
`YES
`
`O6-2002
`FR 2817812
`o7-zooo
`wo oo/38951
`OTHER PRIOR ART (Including Author. Title. Date, Pertinent Pages, Etc.)
`
`France
`
`P’I._5
`NUMBER
`él
`iiA
`
`SUBCLASSIIIIIiilililll
`
`
`
`
`
`
`
`DATE CONSIDERED
`.
`
`A
`
`5ia’f°9r~
`
`
`
`Initial if reference considered. whether or not citation is in contormance with MPEP 609. Draw line through
`' EXAMINER:
`citation it not in conformance and not considered.
`Include copy of this form with next communication to applicant.
`Fonn PTO-1449 6-4
`
`
`
`
`
`Page 20 of 329
`
`PETITIONER'S EXHIBIT 1002
`
`B
`
`Page 20 of 329
`
`PETITIONER'S EXHIBIT 1002
`
`

`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FIEE
`‘
`Commissioner for Patents
`PAD. Box 1450
`Alexandria, Virginia 22311.3--l4l»50
`(571)-273-2885
`
`
`or E_a_ig
`
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`_ap ropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current corres ondence address as
`maintenance fee notifications.
`in icated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) inclieating a separate " EE ADDRESS" for
`
`CURRENT CORRESPONDENCE Ani)Rr.ss (Note: Use Block 1 for any change ofaddress)
`
`22150
`
`7590
`
`04/04/2007
`
`F. CHAU &
`130 WOODBURY ROAD
`VVOODBURY, NY 1 1797
`
`LLC
`
`
`
`APPLICATION NO.
`
`FILING DATE
`
`7
`
`FIRST NAMED INVENTOR
`
`can only M used f0T d0m€StiC m3iliI1gS Of 1116
`Note: A certificate of _mai1ir_i
`Fee(s) Transmittal._ This certi icate cannot be used for any other accompanying
`papers. Each add_itional paper, such as an assignment or formal drawing, must
`ave its own certificate oi mailing or transmission.
`
`Certificate of Mailing or Transmission
`‘
`that this }I:ee(s Transmittal isf befi_ng dcipositedlwith the Unlited
`I hereby cerltif
`ervice wit
`suf icient postage or
`irst c ass mai
`in an enve 0 e
`States Posta
`addressed to the Mail Sto
`ISSUE FEE address above, or bein
`facsimile
`transmitted to the USPTO ( 71) 273-2885, on the date indicated be ow.
` (Depositor's name)
`
`
`
`ATTORNEY DOCKET NO.
`
`1
`
`O5/15/2003
`10/438,724
`TITLE OF INVENTION: HEADREST MOUNTABLE VIDEO SYSTEM
`
`George C. Schedivy
`
`l0i02A<-80
`
`6312
`
`
`
`APPLN. TYPE
`
`nonprovisional
`
`
`
`SMALL ENTITY
`
`NO
`
`
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`$1400
`
`$300
`
`
`
`PREV. PAID ISSUE FEE
`
`$0
`
`$1700
`
`07/05/2007
`
`
`
`i
`
`'
`
`
`
`EXAMINER 1 CLASS-SUBCLAS
`PATEL, NITIN
`2629
`345—007000
`2. For printing on the patent front page, list
`
`(1) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`2.
`(2) the name of a single Finn (having as a member a
`registered attorney or agent) and the names of up to
`:I "Fee Address" indication (or "Fee Address" Indication form
`“TO/SB/47; Rev 03-02 or more recent) attached. Use ofa Customer
`*2-
`2 registered patent attorneys or agents. If no name is
`Number is required.
`listed, no name will be printed.
`
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`reeordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME or ASSIGNEE
`(B) RESIDENCE: (CITY and STATE 0R COUNTRY)
`
`1 F " Chau 8‘ Associates I LL€"’
`
`1. Change of correspondence address or indication of "Fee Address" (37
`
`
`
`ci=R 1.363).
`:l Chan e of corres ondence address (or Change of Correspondence
`Address orm PTO/ B/122) attached.
`
`
`
`?\udiovoX Corporation
`
`Hauppauge , NY
`
`Please check the appro riate assi nee category or categories (will not be
`13
`E
`
`P
`
`rinted on the atent
`13
`
`: D Individual
`
`Co oration or other
`F13
`
`P
`
`rivate rou entit 3 Government
`g
`P
`Y
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`4a. The following fee(s) are submitted:
`D A check is enclosed.
`M Issue Fee
`El Payment by credit card. Fonn PTO—2038 is attached.
`X] Publication Fee (No small entity discount permitted)
`w Advance Order - # of Copies
`The Director is hereby authorized to charge the req ired fee(s). any deficiency, or credit any
`'M:—'—“T*
`overpayment, to Deposit Account Number 50
`'
`(enclose an