IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`Case No. 4:20-cv-02652
`
`Jury Trial Requested
`
`§§§§§§§§§§
`
`GUI GLOBAL PRODUCTS, LTD.
`D/B/A GWEE
`
`Plaintiff,
`
`vs.
`
`APPLE INC.
`
`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff GUI Global Products, Ltd. d/b/a Gwee (“Gwee” or “Plaintiff”) hereby submits
`
`this Complaint for patent infringement against Defendant Apple, Inc. (“Apple” or “Defendant”)
`
`and states as follows:
`
`INTRODUCTION
`
`1.
`
`This is a patent infringement case in which Gwee seeks compensation for Apple’s
`
`infringement of Gwee’s U.S. Patent Nos. 10,589,320; 10,562,077; 10,259,021 and 10,259,020
`
`(collectively the “patents-in-suit”).
`
`2.
`
`Gwee and the Gwee® line of touchscreen, earbuds, optical microfiber cleaning
`
`products, exercise devices, and medical products are at least primarily the brainchild of inventor
`
`Walter G. Mayfield of Houston, Texas. Mr. Mayfield is the manager of GUI Global Management,
`
`LLC, which is the Managing General Partner of GUI Global Products, Ltd.
`
`3.
`
`After many weekends spent in his garage and kitchen developing prototypes, Mr.
`
`Mayfield decided that a business could be created from some of his innovative products. He then
`
`explored the commercialization of a new line of cleaning and switching products for touch screen
`
`devices and earbuds including with a magnetic cord manager that offered convenience, portability
`
`1
`
`APPLE 1100
`
`

`

`and performance. With the addition of entrepreneur and former business owner, Dan Valdez, Gwee
`
`was founded. Mr. Valdez served as President of Gwee and co-inventor on the patents-in-suit.
`
`Since its founding, Gwee has developed an even more robust portfolio of innovative products
`
`including an exercise device through its subsidiary GweeGym, LLC and a patented liquid
`
`indicating medical bandage through its subsidiary Dry See, Inc. Brand names of some of Gwee’s
`
`products, including through its subsidiaries, include Sport Guppy™, Gwee Button™, Gwee
`
`Keyring™, Gwee Leaf™, Gwee Racer™, Gwee Racercase™, Gwee Budz™, Gwee Button
`
`Dock™, Gwee Gym™, and Dry See®.
`
`4.
`
`Mr. Mayfield and Mr. Valdez combined their inventive efforts to create and refine
`
`a portfolio of Gwee products, continued to build the company, and began to implement the go-to
`
`market strategy. With the hard work of Mr. Mayfield, Mr. Valdez and others, Gwee affirmed its
`
`place in the market.
`
`5.
`
`Mr. Mayfield and Mr. Valdez have been not only entrepreneurs and successful
`
`businessmen, but also successful inventors. Mr. Mayfield is a named inventor on fifteen United
`
`States patents, including ten patents in which Mr. Valdez and Mr. Mayfield are listed as co-
`
`inventors. These ten patents include the four patents-in-suit.
`
`6.
`
`The Apple products that infringe the patents-in-suit are the various iterations of
`
`AirPods products (e.g., AirPods, AirPods (2nd Gen), AirPods Pro, and Powerbeats Pro)
`
`(collectively the “Apple Infringing Products”).
`
`2
`
`

`

`THE PATENTS-IN-SUIT
`
`7.
`
`Gwee is the owner of all right, title and interest in the patents-in-suit, including the
`
`right to sue for past, present and future infringement thereof and to collect damages for any such
`
`past, present or future infringement. The inventions disclosed and claimed in the patents-in-suit
`
`provide numerous benefits over any prior existing systems comprising magnetic portable
`
`switching devices.
`
`8.
`
`The matters described and claimed by U.S. Patent No. 10,589,320 generally include
`
`systems comprising a portable switching device selectively and magnetically coupled to a portable
`
`electronic device; wherein the electronic device comprises a circuit responsive to the switching
`
`device; the electronic device comprises at least one of beveled edges, ridges, recessed areas,
`
`grooves, slots, indented shapes, bumps, and raised shapes, which are configured to correspond to
`
`complementary surface elements on the switching device; wherein the portable switching device
`
`is configured to activate, deactivate, or send into hibernation the portable electronic device;
`
`wherein the electronic device plays or pauses a remote device; wherein the switching device
`
`includes a lid and hinge; wherein the lid is recessed to configure to the electronic device; and
`
`wherein the case of the switching device, including its hinged lid, protects the electronic device.
`
`A more specific description of the matters claimed by this patent is detailed below.
`
`9.
`
`The matters described and claimed by U.S. Patent No. 10,562,077 generally include
`
`systems comprising a portable switching device selectively and magnetically coupled to a portable
`
`electronic device; wherein the electronic device comprises a circuit responsive to the switching
`
`device; the electronic device comprises at least one of beveled edges, ridges, recessed areas,
`
`grooves, slots, indented shapes, bumps and raised shapes, which are configured to correspond to
`
`complementary surface elements on the switching device; wherein the portable switching device
`
`3
`
`

`

`is configured to activate, deactivate, or send into hibernation the portable electronic device;
`
`wherein the electronic device plays, pauses and/or controls the volume of a remote device; wherein
`
`the switching device includes a lid and hinge; wherein the lid is recessed to configure to the
`
`electronic device; and wherein the case of the switching device, including its hinged lid, protects
`
`the electronic device. A more specific description of the matters claimed by this patent is detailed
`
`below.
`
`10.
`
`The matters described and claimed by U.S. Patent No. 10,259,021 generally include
`
`systems comprising a portable switching device magnetically and selectively coupled to a portable
`
`electronic device; wherein the electronic device comprises an electronic circuit that is responsive
`
`to the switching device; the electronic device comprises at least one of beveled edges, ridges,
`
`recessed areas, grooves, slots, indented shapes, bumps, and raised shapes, which are configured to
`
`correspond to complementary surface elements on the switching device; wherein the portable
`
`switching device is configured to activate, deactivate or send into hibernation the portable
`
`electronic device; and wherein the case of the switching device functions protects the electronic
`
`device. A more specific description of the matters claimed by this patent is detailed below.
`
`11.
`
`The matters described and claimed by U.S. Patent No. 10,259,020 generally include
`
`systems comprising a portable switching device coupled to a portable electronic device; wherein:
`
`the switching device and the electronic device are configured to selectively couple to each other
`
`employing magnetic force from a first magnet disposed within the switching device; the switching
`
`device comprises a first case; the electronic device comprises a second case and an electronic
`
`circuit that is responsive to the switching device; the electronic device comprises at least one of
`
`beveled edges, ridges, recessed areas, grooves, slots, indented shapes, bumps and raised shapes
`
`which are configured to correspond to complementary surface elements on the switching device;
`
`4
`
`

`

`the portable switching device is configured to activate, deactivate or send into hibernation the
`
`portable electronic device; and wherein the electronic device protects the switching device. A
`
`more specific description of the matters claimed by this patent is detailed below.
`
`THE PARTIES
`
`12.
`
`Gwee is a Texas limited partnership having its place of business at 1819 St. James
`
`Place in Houston, Texas.
`
`13.
`
`Apple is a California corporation having a place of business in Cupertino,
`
`California, and having regular and established places of business in Houston, namely at the Apple
`
`Stores in the Houston Galleria, Memorial City Mall and Highland Village shopping center. Apple
`
`may be served with process through its registered agent for service in Texas: CT Corporation
`
`System, 1999 Bryant Street, Suite 900, Dallas, Texas 75201.
`
`JURISDICTION AND VENUE
`
`14.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. §§ 101, et
`
`seq.
`
`15.
`
`This Court has personal jurisdiction over Apple, including because it has committed
`
`acts within this State giving rise to this action and which have established minimum contacts with
`
`this forum such that the exercise of jurisdiction over Apple, including to the fullest extent of the
`
`Texas Long Arm Statute, would not offend traditional notions of fair play and substantial justice.
`
`Without limitation, Gwee’s claims of infringement, including as set forth herein, arise in part out
`
`of Apple’s infringing uses, sales and offers for sale of the Apple Infringing Products occurring in
`
`the State of Texas.
`
`5
`
`

`

`16.
`
`Venue is proper in this District, including because Apple has regular and
`
`established places of business in Houston, Texas, namely its Apple Stores in the Houston Galleria,
`
`Memorial City Mall and Highland Village shopping center, including where the Apple Infringing
`
`Products are at least sold and offered for sale. Apple’s acts of direct infringement include making,
`
`using, selling, offering for sale and importing the Apple Infringing Products, with at least some of
`
`such use and sales efforts by Apple occurring in Houston.
`
`COUNT I – INFRINGMENT OF U.S. PATENT NO. 10,589,320
`
`17.
`
`The application for U.S. Patent No. 10,589,320 (the “‘320 patent”) was filed on
`
`November 27, 2019 . The patent issued on March 17, 2020. The ‘320 patent claims priority to
`
`non-provisional and provisional filings dated as far back as August 5, 2011.
`
`18.
`
`Claim 1 of the ‘320 patent covers a system comprising “a portable switching device
`
`coupled to a portable electronic device; wherein: the switching device and the electronic device
`
`are configured to selectively couple to each other employing magnetic force; the switching device
`
`comprises a first case; the electronic device comprises a second case and an electronic circuit that
`
`is responsive to the switching device; a first magnet is fully disposed within the electronic device;
`
`the electronic device comprises at least one element selected from the group consisting of beveled
`
`edges, ridges, recessed areas, grooves, slots, indented shapes, bumps, raised shapes, and
`
`combinations thereof; configured to correspond to complementary surface elements on the
`
`switching device; wherein the second case is decoupled from the first case by overcoming
`
`magnetic force the portable switching device is configured to activate, deactivate, or send into
`
`hibernation the portable electronic device; the electronic device plays or pauses a remote device;
`
`the switching device includes a lid and hinge attaching the lid to the switching device; the lid is
`
`6
`
`

`

`recessed to configure to the electronic device; and when coupled, the first case functions to protect
`
`the second case.”
`
`19.
`
`The Apple Infringing Products comprise a portable switching device coupled to a
`
`portable electronic device, for example, the case of the AirPods, AirPods (2nd Gen), AirPods Pro
`
`(collectively “AirPods”) and the Powerbeats case function as a portable switching device and the
`
`AirPod earbud and the Powerbeats earbud are portable electronic devices. Said cases and earbuds
`
`are coupled to each other, respectively, including at least magnetically. For example, when
`
`Airpods earbuds and Powerbeats earbuds are placed into the Airpods case and Powerbeats case,
`
`respectively, they securely snap into place magnetically. Further, if an Airpods case or Powerbeats
`
`case is opened and turned upside down, the Airpods earbuds and Powerbeats earbuds are held into
`
`place magnetically and will not fall from the case. For example:
`
`,
`
`, and
`
`
`
`20.
`
`On information and belief, such coupling comprises the magnets generally marked
`
`by the beads depicted below:
`
`,
`
`, and
`
`
`
`7
`
`

`

`21.
`
`The Apple Infringing Products comprise the portable switching device (here the
`
`original charging case and/or wireless charging case, the “first case”) and the portable electronic
`
`device (here the earbud(s))earphones, the “second case”) being configured to selectively couple to
`
`each other through a magnetic force.
`
`22.
`
`The Apple Infringing Products comprise both the switching device and the
`
`electronic device, each comprising a white or black plastic outer case, as noted in the images above
`
`and below.
`
`23.
`
`The Apple Infringing Products comprise the electronic device comprising an
`
`electronic circuit that is responsive to the switching device. For example, when the Airpods or
`
`Powerbeats charging case is opened/closed and the earbuds are located inside the case, the
`
`Bluetooth communications capability of the earbuds is activated/deactivated, including as noted
`
`below:
`
`8
`
`

`

`24.
`
`The electronic device of the Apple Infringing Products comprises a first magnet
`
`that is fully disposed within the electronic device. For example, a magnet fully disposed within
`
`the electronic device is marked by beads below:
`
`,
`
` and
`
`
`
`25.
`
`The electronic device of the Apple Infringing Products comprises at least one
`
`element selected from the group consisting of bumps, raised shapes, and combinations thereof. For
`
`example:
`
`,
`
`, and
`
`
`
`26.
`
`The electronic device of the Apple Infringing Products is configured to correspond
`
`to complementary surface elements on the switching device. For example, the Airpods case and
`
`Powerbeats case, and Airpods earbuds and Powerbeats earbuds, are configured to fit together,
`
`respectively, when the earbuds are placed into the case. For example:
`
`9
`
`

`

`,
`
`, and
`
`27. With the Apple Infringing Products, the second case (including as shown below) of
`
`the AirPod earbud and Powerbeats earbud are decoupled from the first case of the Airpods case
`
`and Powerbeats case, respectively, by overcoming the magnetic force of the complementary
`
`magnets located within each case. Such magnets are already noted above.
`
`28.
`
`The switching device of the Apple Infringing Products is configured to activate,
`
`deactivate and/or send into hibernation the portable electronic device. For example, when the
`
`Airpods case or Powerbeats case is closed and an earbud is within the case, it deactivates and/or
`
`hibernates the AirPod earbud or Powerbeats earbud located inside the case, including by sending
`
`a signal that causes the earbuds to cease or stop Bluetooth communication; and when the Airpods
`
`case or Powerbeats case is opened, it activates the Airpods earbuds or Powerbeats earbuds located
`
`inside the case, including by sending a signal that causes their Bluetooth communications to
`
`commence.
`
`10
`
`

`

`29.
`
`The electronic device of the Apple Infringing Products plays or pauses a remote
`
`device. For example, the electronic device of the Apple Infringing Product may play or pause a
`
`music player on a Bluetooth connected cellular phone (e.g., an iPhone), for example, via actions
`
`such as inserting/removing the earbud into/from the ear, and/or by tapping or pressing (as
`
`applicable) the earbud.
`
`30.
`
`The switching device of the Apple Infringing Products includes a lid and hinge
`
`(noted below with vertical arrows) attaching the lid to the base of the switching device wherein
`
`the lid is recessed to correspond to the electronic device (noted below with horizontal arrows). For
`
`example:
`
`,
`
`, and
`
`
`
`31.
`
`The switching device of the Apple Infringing Products comprises the first case
`
`functioning to protect the second case. For example:
`
`,
`
`, and
`
`
`
`32.
`
`Claim 2 of the ‘320 patent covers the system of Claim 1 wherein the switching
`
`device has a first lens. The Apple Infringing Products comprise the system of claim 1 (see above),
`
`wherein the switching device has a lens. For example, on information and belief, the Airpods case
`
`and the Powerbeats case each has a lens for its LED light which indicates charge status:
`
`11
`
`

`

`33.
`
`Claim 3 of the ‘320 patent covers the system of Claim 1 wherein the electronic
`
`device has a second lens. For example, the Apple Infringing Products comprise the system of
`
`claim 1 (see above) and, on information and belief, each AirPod earbud and each Powerbeats
`
`earbud includes at least one infrared sensor and at least one laser, with each earbud comprising a
`
`lens. For example:
`
`,
`
`, and
`
`
`
`34.
`
`Claim 4 of the ‘320 patent covers the system of Claim 1 wherein the lid has a second
`
`magnet disposed within it. The Apple Infringing Products comprise the system of claim 1 (see
`
`above), wherein the lid of the switching device has a plurality of magnets disposed within it. For
`
`example (as noted by the below beads on the lids at left),
`
`12
`
`

`

`,
`
`, and
`
`
`
`35.
`
`Claim 5 of the ‘320 patent covers the system of Claim 4 wherein the lid is
`
`configured to employ the second magnet to secure the lid in a closed position by magnetically
`
`coupling to the first case. The Apple Infringing Products comprise the system of claim 4 (see
`
`above), wherein the lid of the switching device is configured to employ the second magnet to
`
`secure the lid in a closed position via magnetic coupling, with such coupling being shown as
`
`follows. For example:
`
`,
`
`, and
`
`
`
`36.
`
`Claim 7 of the ‘320 patent covers the system of Claim 3 wherein the first case is
`
`configured to be nonabrasive to the second lens. The Apple Infringing Products comprise the
`
`system of claim 3 (see above), wherein a plastic surface of the Airpods case and of the Powerbeats
`
`case is structurally configured with complementary fitting beveled edges and recesses to the
`
`earbuds, and it is composed of a material nonabrasive to the above-noted lenses, respectively.
`
`37.
`
`Claim 9 of the ‘320 patent covers the system of Claim 1 wherein the first magnet
`
`is employed in actuating the electronic circuit. The Apple Infringing Products comprise the system
`
`of claim 1 (see above), wherein the first magnet is employed in actuating the electronic circuit,
`
`including, on information and belief, wherein the magnet disposed within each earbud is used to
`13
`
`

`

`magnetically couple the earbud to the charging case, which engages electrical contact of the
`
`conducting leads of the earbud with the conducting leads of the charging case, thus, actuating the
`
`circuit responsive to the switching device. When said circuit is actuated, electrical communications
`
`occur, comprising activation of the earbud communications capability and communication of
`
`earbud battery status, including as indicated by the earbuds entering into a connected status with a
`
`phone, by LED display on the charging case, and/or by the battery status transmitted to the phone.
`
`An exemplary such magnet is noted below on each respective earbud (complementary magnets are
`
`also noted on each charging case):
`
`,
`
`, and
`
`
`
`38.
`
`Claim 10 of the ‘320 patent covers the system of Claim 4 wherein the second or a
`
`third magnet is employed in the lid to actuate the electronic circuit. The Apple Infringing Products
`
`comprise the system of claim 4 (see above), wherein the second magnet within the lid of the
`
`Airpods case is employed to actuate the electronic circuit. On information and belief, this occurs
`
`in connection with the Hall effect sensor, which senses a magnetic field associated with or
`
`modified by the second magnet.
`
`39.
`
`Claim 11 of the ‘320 patent covers the system of Claim 1 wherein the electronic
`
`device is wireless earplugs. The Apple Infringing Products comprise the system of claim 1 (see
`
`above), wherein the electronic device is wireless earbuds (see wireless earbuds noted above).
`
`40.
`
`Claim 12 of the ‘320 patent covers the system of Claim 1 wherein the system further
`
`comprises a sensor that can be activated using a magnet. The Apple Infringing Products comprise
`
`14
`
`

`

`the system of claim 1 (see above), wherein, on information and belief, a sensor, for example a
`
`Hall effect sensor in the charging case, battery level sensor, vertical-cavity surface-emitting laser
`
`sensor, infrared sensor and/or the Bluetooth sensor (i.e., receiver) each can be activated using a
`
`magnet. Bluetooth sensors, infrared sensors and VCSEL sensors in the earbuds are activated when
`
`the charging case is opened and the earbuds are located inside the case, which, on information and
`
`belief, also involves the functionality of the Hall effect sensor. Further, a battery level sensor is
`
`activated when an earbud is in electrical contact with the charging case. Without limitation, a
`
`magnet disposed within each earbud is used to magnetically couple the earbud to the charging
`
`case, which engages electrical contact of the conducting lead of the earbud with the conducting
`
`lead of the charging case, thus actuating a battery level sensor.
`
`41.
`
`Claim 13 of the ‘320 patent covers the system of Claim 5 wherein the system further
`
`comprises a sensor that can be activated using a magnet. The Apple Infringing Products comprise
`
`the system of claim 5 (see above), wherein, on information and belief, a sensor, for example, each
`
`of a Hall effect sensor in the charging case, a battery level sensor, a vertical-cavity surface-emitting
`
`laser sensor, an infrared sensor and/or a Bluetooth sensor can be activated using a magnet when
`
`the earbuds are located inside the charging case.by a magnetic switch. Bluetooth sensors, infrared
`
`sensors and VCSEL sensors in the earbuds are activated when the charging case is opened, which,
`
`on information and belief, also involves the functionality of the Hall effect sensor. Further, a
`
`battery level sensor is activated when an earbud is in electrical contact with the charging case.
`
`Without limitation, a magnet disposed within each earbud is used to magnetically couple the
`
`earbud to the charging case, which engages electrical contact of the conducting lead of the earbud
`
`with the conducting lead of the charging case, thus actuating a battery level sensor.
`
`15
`
`

`

`42.
`
`Apple has infringed, and continues to infringe, the claims of the ‘320 patent,
`
`including at least those noted above, including by making, using, offering for sale, selling and/or
`
`importing the Apple Infringing Products in violation of 35 U.S.C. § 271(a).
`
`43.
`
`Apple has also infringed, and continues to infringe, the claims of the ‘320 patent,
`
`including at least those noted above, by actively inducing others to use, offer for resale, and resell
`
`the Apple Infringing Products. Apple’s customers who use those devices in accordance with
`
`Apple’s instructions directly infringe said claims in violation of 35 U.S.C. § 271(a). Apple
`
`intentionally instructs its customers to infringe, including by and through its product sales,
`
`instructions, manuals and guides.
`
`44.
`
`Apple has had at least constructive notice of the ‘320 patent since at least its
`
`issuance. Apple will have been on actual notice of the ’320 patent since, at the latest, the service
`
`of this complaint. By the time of trial, Apple will have known and intended (since receiving such
`
`notice) that its continued actions would actively induce the infringement of the above-noted claims
`
`of the ‘320 patent.
`
`45.
`
`Gwee believes and contends that, at minimum, Apple’s knowing and intentional
`
`post-suit continuance of its unjustified, clear, and inexcusable infringement of the ‘320 patent since
`
`receiving notice of its infringement of the ‘320 patent, is necessarily willful, wanton, malicious, in
`
`bad-faith, deliberate, consciously and wrongful, and it constitutes egregious conduct worthy of a
`
`finding of willful infringement. Accordingly, since at least receiving notice of this suit, Apple has
`
`willfully infringed the ’320 patent.
`
`46.
`
`The acts of infringement by Apple have caused damage to Gwee, and Gwee is
`
`entitled to recover from Apple the damages sustained by Gwee as a result of Apple’s wrongful
`
`acts in an amount subject to proof at trial but no less than a reasonable royalty. The infringement
`
`16
`
`

`

`of Gwee’s exclusive rights under the ’320 Patent by Apple has damaged and will continue to
`
`damage Gwee, causing irreparable harm, for which there is no adequate remedy at law, unless
`
`enjoined by this Court.
`
`COUNT II - INFRINGMENT OF U.S. PATENT NO. 10,562,077
`
`47.
`
`The application for U.S. Patent No. 10,562,077 (the “‘077 patent”) was filed on
`
`July 2, 2019 . The patent issued on February 18, 2020. The ‘077 patent claims priority to non-
`
`provisional and provisional filings dated as far back as August 5, 2011.
`
`48.
`
`Claim 1 of the ’077 patent covers a system comprising “a portable switching device
`
`coupled to a portable electronic device; wherein: the switching device and the electronic device
`
`are configured to selectively couple to each other employing magnetic force; the switching device
`
`comprises a first case; the electronic device comprises a second case and an electronic circuit that
`
`is responsive to the switching device; a first magnet is fully disposed within the electronic device;
`
`the electronic device comprises at least one element selected from the group consisting of beveled
`
`edges, ridges, recessed areas, grooves, slots, indented shapes, bumps, raised shapes, and
`
`combinations thereof; configured to correspond to complementary surface elements on the
`
`switching device; the portable switching device is configured to activate, deactivate, or send into
`
`hibernation the portable electronic device; the electronic device plays, pauses and/or changes the
`
`volume of a remote device; the switching device includes a lid and hinge attaching the lid to the
`
`switching device; the lid is recessed to configure to the electronic device; and when coupled, the
`
`first case functions to protect the second case.”
`
`49.
`
`The Apple Infringing Products comprise a portable switching device coupled to a
`
`portable electronic device, for example, the case of the AirPods and the Powerbeats case function
`
`as a portable switching device and the AirPod earbud and the Powerbeats earbud are portable
`
`17
`
`

`

`electronic devices. Said cases and earbuds are coupled to each other, respectively, including at
`
`least magnetically. For example, when Airpods earbuds and Powerbeats earbuds are placed into
`
`the Airpods case and Powerbeats case, respectively, they securely snap into place magnetically.
`
`Further, if an Airpods case or Powerbeats case is opened and turned upside down, the Airpods
`
`earbuds and Powerbeats earbuds are held into place magnetically and will not fall from the case.
`
`For example:
`
`,
`
`, and
`
`
`
`50.
`
`On information and belief, such coupling comprises the magnets generally marked
`
`by the beads depicted below:
`
`,
`
`, and
`
`
`
`51.
`
`The Apple Infringing Products comprise the switching device (here the original
`
`charging case and/or wireless charging case) and the electronic device (here the earbud(s)) being
`
`configured to selectively couple to each other through a magnetic force, as noted in the above
`
`images.
`
`18
`
`

`

`52.
`
`The Apple Infringing Products comprise both the switching device and the
`
`electronic device each comprising a white or black plastic outer case, as noted in the images above
`
`and below.
`
`53.
`
`The Apple Infringing Products comprise the electronic device comprising an
`
`electronic circuit that is responsive to the switching device. For example, when the Airpods or
`
`Powerbeats charging case is opened/closed and the earbuds are located within the charging case,
`
`the Bluetooth communications capability of the earbuds is activated/deactivated, including as
`
`noted below:
`
`54.
`
`The electronic device of the Apple Infringing Products comprises a first magnet
`
`that is fully disposed within the electronic device. For example (as marked by the beads below):
`
`19
`
`

`

`,
`
` and
`
`
`
`55.
`
`The electronic device of the Apple Infringing Products comprises at least one
`
`element selected from the group consisting of bumps, raised shapes, and combinations thereof.
`
`For example:
`
`,
`
`, and
`
`
`
`56.
`
`The electronic device of the Apple Infringing Products is configured to correspond
`
`to complementary surface elements on the switching device. For example, the Airpods case and
`
`Powerbeats case, and Airpods earbuds and Powerbeats earbuds, are configured to fit together,
`
`respectively, when the earbuds are placed into the case. For example:
`
`20
`
`

`

`,
`
`, and
`
`
`
`57.
`
`The switching device of the Apple Infringing Products is configured to activate,
`
`deactivate and/or send into hibernation the portable electronic device. For example, when the
`
`Airpods case or Powerbeats case is closed and an earbud is within the case, it deactivates and/or
`
`hibernates the AirPod earbud or Powerbeats earbud located inside the case, including by sending
`
`a signal that causes the earbuds to cease or stop Bluetooth communication; and when the Airpods
`
`case or Powerbeats case is opened, it activates the Airpods earbuds or Powerbeats earbuds located
`
`inside the case, including by sending a signal that causes their Bluetooth communications to
`
`commence.
`
`58.
`
`The electronic device of the Apple Infringing Products plays, pauses and/or
`
`changes the volume of a remote device, for example the electronic device of the Apple Infringing
`
`Product may play, pause and/or change the volume of a music player on a Bluetooth connected
`
`cellular phone (e.g., an iPhone), for example, via actions such as inserting/removing the earbud
`
`into/from the ear, and/or by tapping or pressing (as applicable) the earbud.
`
`59.
`
`The switching device of the Apple Infringing Products includes a lid and hinge
`
`(noted below with vertical arrows) attaching the lid to the base of the switching device wherein
`
`the lid is recessed to correspond to the electronic device (noted below with horizontal arrows). For
`
`example:
`
`21
`
`

`

`,
`
`, and
`
`
`
`60.
`
`The switching device of the Apple Infringing Products comprises the first case
`
`functioning to protect the second case. For example:
`
`,
`
`, and
`
`
`
`61.
`
`Claim 2 of the ‘077 patent covers the system of Claim 1 wherein the switching
`
`device has a first lens. The Apple Infringing Products comprise the system of claim 1 (see above),
`
`wherein the switching device has a lens. For example, on information and belief, the Airpods case
`
`and the Powerbeats case each has a lens for its LED light which indicates charge status:
`
`62.
`
`Claim 3 of the ‘077 patent covers the system of Claim 1 wherein the electronic
`
`device has a second lens. For example, the Apple Infringing Products comprise the system of
`
`claim 1 (see above) and, on information and belief, each AirPod earbud and each Powerbeats
`22
`
`

`

`earbud includes at least one infrared sensor and at least one vertical-cavity surface-emitting laser,
`
`which each comprise a lens. For example:
`
`,
`
`, and
`
`
`
`63.
`
`Claim 4 of the ‘077 patent covers the system of Claim 1 wherein the lid has a second
`
`magnet disposed within it. The Apple Infringing Products comprise the system of claim 1 (see
`
`above), wherein the lid of the switching device has a plurality of magnets disposed within it. For
`
`example (as noted by the below beads at left),
`
`,
`
`, and
`
`
`
`64.
`
`Claim 5 of the ‘077 patent covers the system of Claim 4 wherein the lid is
`
`configured to employ the second magnet to secure the lid in a closed position. The Apple
`
`Infringing Products comprise the system of claim 4 (see above), wherein the lid of the switching
`
`device is configured to employ the second magnet to secure the lid in a closed position. For
`
`example:
`
`23
`
`

`

`,
`
`, and
`
`
`
`65.
`
`Claim 7 of the ‘077 patent covers the system of Claim 3 wherein the first case is
`
`configured to be nonabrasive to the second lens. The Apple Infringing Products comprise the
`
`system of claim 3 (see above), wherein a plastic surface of the Airpods case and of the Powerbeats
`
`case is structurally configured with complementary fitting beveled edges and recesses to the
`
`earbuds, and it is composed of a material nonabrasive to the above-noted lenses, respectively.
`
`66.
`
`Claim 9 of the ‘077 patent covers the system of Claim 1 wherein the first magnet
`
`is employed in actuating the electronic circuit. The Apple Infringing Products comprise the system
`
`of claim 1 (see above), wherein the first magnet is employed in actuating the electronic circuit,
`
`including, on information and belief, wherein the magnet disposed within each earbud is used to
`
`magnetically couple the earbud to the charging case, w