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Jaquish Biomedical v. GYP Tech. - Complaint
Jaquish Biomedical v. GYP Tech. - Complaint
against Defendant GYP Technology (HongKong) Co. Ltd. (d/b/a “Tikaton”), hereby alleges as
follows:
1. This is an action for patent infringement arising under the laws of the United
2. Jaquish Biomedical is the owner of all right, title, and interest in United States
Design Patents Nos. D902,330, D898,133, D895,739, D902,329, and D895,032 (collectively, the
3. Tikaton has used and continues to use the claimed designs of the Patents-in-Suit
in its Tikaton Resistance Bars (the “Accused Products”), which Tikaton has made, used, offered
for sale, and sold in, and/or imported into, the United States.
4. Jaquish Biomedical seeks, among other things, permanent injunctive relief to stop
Tikaton from infringing the Patents-in-Suit; damages and/or disgorgement of Tikaton’s profits
from its infringing activities; pre-judgment and post-judgment interest; costs and attorneys’ fees;
and any and all other relief the Court deems just and proper.
THE PARTIES
China with its principal place of business at Xixiang Street, Bao’an District, Shenzhen, China 5,
A Block, Central Avenue Building, Shenzhen, Guangdong, 518101 China. The official Tikaton
website also identifies the following mailing address: RM 1902 Easey Comm Bldg 253-261
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Hennessy Rd. Wanchai HK, HongKang, HongKong 999077 China. Upon information and
belief, Tikaton may be served with process, under the Hague Convention, at either address.
7. This is a civil action that arises under the Patent Laws of the United States, 35
U.S.C. § 1 et seq., including, but not limited to, 35 U.S.C. §§ 271 and 281. The Court has subject
8. The Court has personal jurisdiction over Tikaton because, on information and
belief, (1) Tikaton has done and continues to do business in Texas and the Western District of
Texas, and (2) Tikaton has committed and continues to commit acts of patent infringement in the
State of Texas and in the Western District of Texas, including making, using, offering to sell,
and/or selling the Accused Products in the State of Texas and the Western District of Texas,
inducing others to commit acts of patent infringement in the State of Texas and the Western
District of Texas, and/or committing at least a portion of any other infringement alleged herein,
and (3) Tikaton has solicited business in the State of Texas and the Western District of Texas,
transacted business within the State of Texas and the Western District of Texas, and/or attempted
to derive financial remuneration from residents of the State of Texas and the residents of this
personal jurisdiction over Tikaton in this lawsuit comports with due process and traditional
is not resident in the United States and thus may be sued in any judicial district in the United
States, including this District. Venue is also proper under 28 U.S.C. § 1391(b)(2) because
Tikaton sells and offers to sell products and services throughout the United States, including in
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this District, and introduces products and services into the stream of commerce knowing that the
products and services would be sold in this District and elsewhere in the United States.
FACTUAL ALLEGATIONS
10. Jaquish Biomedical is well known around the world for its X3 system (the “X3”).
marketing, the X3 has come to possess a distinctive design, instantly recognizable by its unique
features. These design features are essential to the X3 identity and are recognized in the
11. Jaquish Biomedical has made significant investments, both in time and resources,
in developing the X3 and securing the intellectual property rights that protect it, including the
Patents-in-Suit.
12. On Nov. 17, 2020, the United States Patent & Trademark Office (“USPTO”)
issued U.S. Design Patent No. D902,330 titled “Exercise Apparatus” (“the ’330 patent”). A true
and correct copy of the ’330 patent is attached hereto as Exhibit A-1.
13. On Oct. 6, 2020, the USPTO issued U.S. Design Patent No. D898,133, titled
“Exercise Apparatus” (“the ’133 patent”). A true and correct copy of the ’133 patent is attached
14. On Sept. 8, 2020, the USPTO issued U.S. Design Patent No. D895,739, titled
“Exercise Apparatus” (“the ’739 patent”). A true and correct copy of the ’739 patent is attached
15. On Nov. 17, 2020, the USPTO issued U.S. Design Patent No. D902,329, titled
“Exercise Apparatus” (“the ’329 patent”). A true and correct copy of the ’329 patent is attached
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16. On Sept. 1, 2020, the USPTO issued U.S. Design Patent No. D895,032, titled
“Exercise Apparatus” (“the ’032 patent”). A true and correct copy of the ’032 patent is attached
17. As shown below, the Accused Products mimic several design features protected
18. Rather than create its own distinctive product design, Tikaton chose to embark on
a campaign to systematically copy the X3 in order to improperly exploit the goodwill Jaquish
Biomedical has spent years building in the marketplace. Even a cursory comparison of the X3 to
the design of an exemplary Accused Product reveals the extent of this misappropriation of
X3 Bar
Tikaton Bar
19. Tikaton offers for sale and sells the Accused Products through its Amazon store
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20. Upon information and belief, Tikaton has made, used, offered for sale, sold,
and/or imported the Accused Products into or in the United States, and continues to make, use,
offer for sale, sell, and/or import the Accused Products into or in the United States.
21. Tikaton’s blatant infringement of the X3 Bar and the patent rights claiming that
design have caused actual confusion among the relevant consuming public. Reviews from
Tikaton customers demonstrate the extent of Tikaton’s willful infringement and damage to
22. Indeed, more than 30 customer reviews for the Accused Products on the Tikaton
Amazon store alone reference the X3 Bar. As just one example, on April 21, 2020, a Tikaton
customer identified as “Ryan” published the following 1-star review for the Accused Products on
the Tikaton Amazon store: “Cheap rip off of the X3 Bar. This is an illegal product trying to
copy the X3. The hooks do not move well and are not together. This product will be taken down
soon.”
23. Likewise, on February 29, 2020, a Tikaton customer identified as “Seth M.”
published the following 1-star review for the Accused Products on the Tikaton Amazon store:
24. As another example, on April 24, 2020, another Tikaton customer published the
following 1-star review for the Accused Products on the Tikaton Amazon store: “Do not buy this
25. Similarly, on June 11, 2020, a Tikaton customer named “Phillip M. Schlueter”
published the following 1-star review for the Accused Products on the Tikaton Amazon store:
26. As yet another example, on June 15, 2020, a Tikaton customer identified as
“Salvador” published the following 1-star review for the Accused Products on the Tikaton
the Tikaton Amazon store to Jaquish Biomedical’s customer support team and stated: “Just
wanted to let you know about a fake knock-off product, hopefully you can get it removed from
Amazon.”
Biomedical’s customer support team stating: “I'm enjoying my X3 Bar, but you have a ripoff
called - Tikaton Resistance Bar Portable Home Gym on Amazon and I think, also on ebay. It
29. Tikaton’s ongoing and unauthorized acts of patent infringement are not only
causing lost sales, they are damaging the reputation and the goodwill associated with the X3
30. On October 16, 2020, counsel for Jaquish Biomedical sent Tikaton a letter
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demonstrating that the Accused Products infringe the Patents-in-Suit, providing proof of actual
customer confusion caused by the infringement, and requesting that Tikaton immediately cease
31. Tikaton’s counsel responded on Novermber 13, 2020, contending that “GYP
Technology Co. does not think the TIKATON Resistance Bar infringe any of the Jaquish
Biomedical’s design patents” based on an improper analysis of each element of the design
separately, focusing on alleged minor differences in specific design details, rather than the
overall appearance of the Accused Products as required under the law. This letter did not dispute
the widespread confusion in the marketplace over whether the Accused Tikaton products were
made by Jaquish Biomedical and did not question that many customers have purchased the
32. Counsel for Jaquish Biomedical sent another letter to Tikaton’s counsel on
December 3, 2020 identifying the fatal deficiencies in Tikaton’s infringement analysis and once
35. Jaquish Biomedical owns all rights, title, and interest in the ’330 patent.
36. At least as early as Oct. 16, 2020, Tikaton had actual notice of its infringement of
the claimed subject matter in United States Design Patent Application No. 29/734,092 and of the
fact that a patent based on this application was expected to issue imminently. This application
issued as the ’330 patent on November 17, 2020, and Tikaton knew and/or should have know of
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37. Tikaton, without authorization from Jaquish Biomedical, has made, used, offered
for sale, sold, and/or imported into or in the United States, and continues to make, use, offer for
sale, sell, and/or import into or in the United States, the Accused Products having designs
38. Table 1 compares an exemplary figure from the ’330 patent with an advertisement
TABLE 1
The ’330 Patent Exemplary Accused Product
39. By the foregoing acts, Tikaton has infringed, literally and/or under the doctrine of
equivalents, and continues to infringe, the ’330 patent in violation of 35 U.S.C. § 271.
40. Upon information and belief, Tikaton’s infringement of the ’330 patent is, has
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been, and continues to be, undertaken knowingly, willfully, deliberately, maliciously, and in bad
faith, entitling Jaquish Biomedical to enhanced damages under 35 U.S.C. § 284 and to attorneys’
fees and expenses incurred in prosecuting this action under 35 U.S.C. § 285.
41. Upon information and belief, Tikaton has gained profits by virtue of its
42. Upon information and belief, Tikaton has obtained further investment by virtue of
43. As a direct and proximate result of Tikaton’s infringement of the ’330 patent,
Jaquish Biomedical has been and continues to be damaged in an amount yet to be determined.
44. Jaquish Biomedical will suffer and is suffering irreparable harm from Tikaton’s
infringement of the ’330 patent. Jaquish Biomedical has no adequate remedy at law and is
entitled to an injunction against Tikaton’s infringement of the ’330 patent. Unless enjoined by
this Court, Tikaton will continue its infringing conduct, thereby causing Jaquish Biomedical to
further sustain irreparable damage, loss, and injury, for which it has no adequate remedy at law.
46. Jaquish Biomedical owns all rights, title, and interest in the ’133 patent.
47. Tikaton had actual notice of its infringement of the ’133 patent at least since Oct.
16, 2020.
48. Tikaton, without authorization from Jaquish Biomedical, has made, used, offered
for sale, sold, and/or imported into or in the United States, and continues to make, use, offer for
sale, sell, and/or import into or in the United States, the Accused Products having designs
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49. Table 2 compares an exemplary figure from the ’133 patent with an advertisement
TABLE 2
The ’133 Patent Exemplary Accused Product
50. By the foregoing acts, Tikaton has infringed, literally and/or under the doctrine of
equivalents, and continues to infringe, the ’133 patent in violation of 35 U.S.C. § 271.
51. Upon information and belief, Tikaton’s infringement of the ’133 patent is, has
been, and continues to be, undertaken knowingly, willfully, deliberately, maliciously, and in bad
faith, entitling Jaquish Biomedical to enhanced damages under 35 U.S.C. § 284 and to attorneys’
fees and expenses incurred in prosecuting this action under 35 U.S.C. § 285.
52. Upon information and belief, Tikaton has gained profits by virtue of its
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53. Upon information and belief, Tikaton has obtained further investment by virtue of
54. As a direct and proximate result of Tikaton’s infringement of the ’133 patent,
Jaquish Biomedical has been and continues to be damaged in an amount yet to be determined.
55. Jaquish Biomedical will suffer and is suffering irreparable harm from Tikaton’s
infringement of the ’133 patent. Jaquish Biomedical has no adequate remedy at law and is
entitled to an injunction against Tikaton’s infringement of the ’133 patent. Unless enjoined by
this Court, Tikaton will continue its infringing conduct, thereby causing Jaquish Biomedical to
further sustain irreparable damage, loss, and injury, for which it has no adequate remedy at law.
57. Jaquish Biomedical owns all rights, title, and interest in the ’739 patent.
58. Tikaton had actual notice of its infringement of the ’739 patent since at least Oct.
16, 2020.
59. Tikaton, without authorization from Jaquish Biomedical, has made, used, offered
for sale, sold, and/or imported into or in the United States, and continues to make, use, offer for
sale, sell, and/or import into or in the United States, the Accused Products having designs
60. Table 3 compares an exemplary figure from the ’739 patent with an advertisement
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TABLE 3
The ’739 Patent Exemplary Accused Product
61. By the foregoing acts, Tikaton has infringed, literally and/or under the doctrine of
equivalents, and continues to infringe, the ’739 patent in violation of 35 U.S.C. § 271.
62. Upon information and belief, Tikaton’s infringement of the ’739 patent is, has
been, and continues to be, undertaken knowingly, willfully, deliberately, maliciously, and in bad
faith, entitling Jaquish Biomedical to enhanced damages under 35 U.S.C. § 284 and to attorneys’
fees and expenses incurred in prosecuting this action under 35 U.S.C. § 285.
63. Upon information and belief, Tikaton has gained profits by virtue of its
64. Upon information and belief, Tikaton has obtained further investment by virtue of
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65. As a direct and proximate result of Tikaton’s infringement of the ’739 patent,
Jaquish Biomedical has been and continues to be damaged in an amount yet to be determined.
66. Jaquish Biomedical will suffer and is suffering irreparable harm from Tikaton’s
infringement of the ’739 patent. Jaquish Biomedical has no adequate remedy at law and is
entitled to an injunction against Tikaton’s infringement of the ’739 patent. Unless enjoined by
this Court, Tikaton will continue its infringing conduct, thereby causing Jaquish Biomedical to
further sustain irreparable damage, loss, and injury, for which it has no adequate remedy at law.
68. Jaquish Biomedical owns all rights, title, and interest in the ’329 patent.
69. The ’329 patent issued on November 17, 2020, and Tikaton knew and/or should
have known of its infringement of the issued ’329 patent on this date.
70. Tikaton, without authorization from Jaquish Biomedical, has made, used, offered
for sale, sold, and/or imported into or in the United States, and continues to make, use, offer for
sale, sell, and/or import into or in the United States, the Accused Products having designs
71. Table 1 compares an exemplary figure from the ’329 patent with an advertisement
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TABLE 4
The ’329 Patent Exemplary Accused Product
72. By the foregoing acts, Tikaton has infringed, literally and/or under the doctrine of
equivalents, and continues to infringe, the ’329 patent in violation of 35 U.S.C. § 271.
73. Upon information and belief, Tikaton’s infringement of the ’329 patent is, has
been, and continues to be, undertaken knowingly, willfully, deliberately, maliciously, and in bad
faith, entitling Jaquish Biomedical to enhanced damages under 35 U.S.C. § 284 and to attorneys’
fees and expenses incurred in prosecuting this action under 35 U.S.C. § 285.
74. Upon information and belief, Tikaton has gained profits by virtue of its
75. Upon information and belief, Tikaton has obtained further investment by virtue of
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76. As a direct and proximate result of Tikaton’s infringement of the ’329 patent,
Jaquish Biomedical has been and continues to be damaged in an amount yet to be determined.
77. Jaquish Biomedical will suffer and is suffering irreparable harm from Tikaton’s
infringement of the ’329 patent. Jaquish Biomedical has no adequate remedy at law and is
entitled to an injunction against Tikaton’s infringement of the ’329 patent. Unless enjoined by
this Court, Tikaton will continue its infringing conduct, thereby causing Jaquish Biomedical to
further sustain irreparable damage, loss, and injury, for which it has no adequate remedy at law.
79. Jaquish Biomedical owns all rights, title, and interest in the ’032 patent.
80. Tikaton knew and/or should have known of its infringement of the ’032 patent by
81. Tikaton, without authorization from Jaquish Biomedical, has made, used, offered
for sale, sold, and/or imported into or in the United States, and continues to make, use, offer for
sale, sell, and/or import into or in the United States, the Accused Products having designs
82. Table 1 compares an exemplary figure from the ’032 patent with an advertisement
16
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TABLE 5
The ’032 Patent Exemplary Accused Product
83. By the foregoing acts, Tikaton has infringed, literally and/or under the doctrine of
equivalents, and continues to infringe, the ’032 patent in violation of 35 U.S.C. § 271.
84. Upon information and belief, Tikaton’s infringement of the ’032 patent is, has
been, and continues to be, undertaken knowingly, willfully, deliberately, maliciously, and in bad
faith, entitling Jaquish Biomedical to enhanced damages under 35 U.S.C. § 284 and to attorneys’
fees and expenses incurred in prosecuting this action under 35 U.S.C. § 285.
85. Upon information and belief, Tikaton has gained profits by virtue of its
86. Upon information and belief, Tikaton has obtained further investment by virtue of
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87. As a direct and proximate result of Tikaton’s infringement of the ’032 patent,
Jaquish Biomedical has been and continues to be damaged in an amount yet to be determined.
88. Jaquish Biomedical will suffer and is suffering irreparable harm from Tikaton’s
infringement of the ’032 patent. Jaquish Biomedical has no adequate remedy at law and is
entitled to an injunction against Tikaton’s infringement of the ’032 patent. Unless enjoined by
this Court, Tikaton will continue its infringing conduct, thereby causing Jaquish Biomedical to
further sustain irreparable damage, loss, and injury, for which it has no adequate remedy at law.
A. A judgment and order adjudicating and declaring that Tikaton has infringed each
of the Patents-in-Suit;
servants, employees, attorneys and all persons in active concert or participation with Tikaton,
D. A judgment and order that Tikaton must account and pay actual damages,
including a disgorgement of Tikaton’s profits and/or any lost profits or other harm to Jaquish
Biomedical (but no less than a reasonable royalty), to Jaquish Biomedical for Tikaton’s
E. A judgment and order awarding Jaquish Biomedical the total profits realized by
F. A judgment and order declaring that Tikaton has willfully infringed the Patents-
in-Suit;
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compensate for Tikaton’s infringement together with enhanced damages up to three times any
I. A judgment and order awarding Jaquish Biomedical its reasonable attorneys’ fees;
J. A judgment and order awarding Jaquish Biomedical its costs, expenses, and
interest, including pre-judgment and post-judgment interest, as provided for by 35 U.S.C. § 284;
appropriate;
M. A judgment and order awarding Jaquish Biomedical both pre-judgment and post-
N. Granting Jaquish Biomedical such other and further relief as the Court deems just
and appropriate, or that Jaquish Biomedical may be entitled to as a matter of law or equity.
In accordance with Federal Rule of Civil Procedure 38, Jaquish Biomedical respectfully
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EXHIBIT A-1
Case 6:21-cv-00052 Document 1-1 Filed 01/19/21 Page 2 of 56
USOOD902330S
( 12 ) Jaquish
Unitedet alStates
.
Design Patent ((4510)) Date
PatentofNoPatent
.: : US D902,330 S
** *Nov. 17, 2020
( 54 ) EXERCISE APPARATUS 4,200,281 A 4/1980 Wang
4,257,592 A 3/1981 Jones
( 71 ) Applicant: Jaquish Biomedical Corporation , 4,441,707 A 4/1984 Bosch
5,178,596 A 1/1993 McIntire
Nevada City, CA (US ) 5,197,934 A 3/1993 Wirtz
D342,771 S 12/1993 Tandberg
( 72 ) Inventors : John Paul Jaquish , Nevada City, CA D353,419 S 12/1994 Sprague
(US ) ; Paul Edward Jaquish , Nevada 5,514,058 A 5/1996 Buoni
City, CA ( US ) 5,540,642 A 7/1996 Sprague
5,653,665 A 8/1997 Neeley
5,688,213 A 11/1997 Recker
( 73 ) Assignee : Jaquish Biomedical Corporation , (Continued )
Nevada City, CA (US )
This patent is subject to a terminal dis FOREIGN PATENT DOCUMENTS
( * ) Notice :
claimer. EP 2764896 A1 8/2014
KR 10200000 5/2000
( ** ) Term : 15 Years
Primary Examiner — George D. Kirschbaum
( 21 ) Appl. No .: 29 /734,092 (74 ) Attorney, Agent, or Firm — Morgan , Lewis &
Bockius LLP
(22 ) Filed : May 8, 2020
Related U.S. Application Data ( 57 ) CLAIM
( 63 ) Continuation of application No. 35 / 001,051 , filed on The ornamental design for an exercise apparatus, as shown
and described .
Jul. 17 , 2015 (U.S. filing date under 35 U.S.C. 384 ) ,
and having an international filing date of Jul . 17 , DESCRIPTION
2015 , which is a continuation of application No.
29/ 515,595 , filed on Jan. 23 , 2015 , now Pat . No. Des .
778,374 . FIG . 1 is a first perspective view of an exercise apparatus
( 51 ) LOC ( 12) Cl . 21-02 showing our new design ;
(52) U.S. CI. FIG . 2 is a second perspective view thereof;
USPC D21 /673 FIG . 3 is a front view of the design of FIG . 2 ;
FIG . 4 is a rear view of the design of FIG . 2 ;
( 58 ) Field of Classification Search FIG . 5 is a side view of the design of FIG . 2 , wherein the
USPC D21 / 662 , 673 , 679 opposite side of the exercise apparatus is a mirror image of
CPC A63B 23/0355 ; A63B 23/03525 ; A63B the side view ;
21/0552 , A63B 21/02 , A63B 21/0004 FIG . 6 is a top view of the design of FIG . 2 ;
See application file for complete search history . FIG . 7 is an enlarged view of FIG . 1 ; and,
( 56 ) References Cited FIG . 8 is a cross - sectional view taken along the lines 8-8 of
FIG . 7 .
U.S. PATENT DOCUMENTS The broken lines depict unclaimed environmental subject
matter.
1,019,861 A 3/1912 Titus
3,193,288 A 7/1965 Vell 1 Claim , 8 Drawing Sheets
Case 6:21-cv-00052 Document 1-1 Filed 01/19/21 Page 3 of 56
US D902,330 S
Page 2
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EXHIBT A-2
Case 6:21-cv-00052 Document 1-1 Filed 01/19/21 Page 13 of 56
USOOD898133S
( 12 ) Jaquish
Unitedet alStates
.
Design Patent ((4510)) Date
PatentofNoPatent
.: : US D898,133 S
* Oct . 6 , 2020
( 54 ) EXERCISE APPARATUS 4,200,281 A 4/1980 Wang
4,257,592 A 3/1981 Jones
( 71 ) Applicant: Jaquish Biomedical Corporation , 4,441,707 A 4/1984 Bosch
5,178,596 A 1/1993 McIntire
Nevada City, CA (US ) 5,197,934 A 3/1993 Wirtz
D342,771 S 12/1993 Tandberg
( 72 ) Inventors : John Paul Jaquish , Nevada City, CA D353,419 S 12/1994 Sprague
(US ) ; Paul Edward Jaquish , Nevada 5,514,058 A 5/1996 Buoni
City, CA ( US ) 5,540,642 A 7/1996 Sprague
5,653,665 A 8/1997 Neeley
( 73 ) Assignee : Jaquish Biomedical Corporation , (Continued )
Nevada City, CA (US ) FOREIGN PATENT DOCUMENTS
( * ) Notice : This patent is subject to a terminal dis EP 2764896 A1 8/2014
claimer. KR 10200000 5/2000
( ** ) Term : 15 Years Primary Examiner George D. Kirschbaum
( 74 ) Attorney, Agent, or Firm Morgan , Lewis &
( 21 ) Appl . No .: 29 /734,091 Bockius LLP
( 22 ) Filed : May 8, 2020 ( 57 ) CLAIM
Related U.S. Application Data The ornamental design for an exercise apparatus, as shown
and described .
( 63 ) Continuation of application No. 35 / 001,051 , filed on DESCRIPTION
Jul. 17 , 2015 (U.S. filing date under 35 U.S.C. 384 ) ,
and having an international filing date of Jul . 17 ,
2015 , which is a continuation of application No. FIG . 1 is a first perspective view of an exercise apparatus
29/ 515,595 , filed on Jan. 23 , 2015 , now Pat . No. Des . showing our new design;
778,374 . FIG . 2 is a second perspective view thereof;
( 51 ) LOC ( 12) Cl . 21-02 FIG . 3 is a front view of the design of FIG . 2 ;
( 52) U.S. Cl. FIG . 4 is a rear view of the design of FIG . 2 ;
USPC D21 /673 FIG . 5 is a side view of the design of FIG . 2 , wherein the
(58) Field of Classification Search
opposite side of the exercise apparatus is a mirror image of
the side view ;
USPC D21 / 662 , 673 , 679 FIG . 6 is a top view of the design of FIG . 2 ;
CPC A63B 23/0355 ; A63B 23/03525 ; A63B FIG . 7 is a bottom view of the design of FIG . 2 ;
21/0552 ; A63B 21/02 , A63B 21/004 FIG . 8 is a first enlarged view of FIG . 1 ;
See application file for complete search history. FIG . 9 is a second enlarged view of FIG . 1 ; and,
( 56 ) References Cited FIG . 10 is a cross - sectional view taken along the lines 1-10
of FIG . 8 .
U.S. PATENT DOCUMENTS The broken lines depict unclaimed environmental subject
matter .
1,019,861 A 3/1912 Titus
3,193,288 A 7/1965 Vell 1 Claim , 9 Drawing Sheets
Case 6:21-cv-00052 Document 1-1 Filed 01/19/21 Page 14 of 56
US D898,133 S
Page 2
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EXHIBIT A-3
Case 6:21-cv-00052 Document 1-1 Filed 01/19/21 Page 25 of 56
USOOD895739S
( 12 ) Jaquish
Unitedet alStates
.
Design Patent ((4510)) Date
PatentofNoPatent
.: : US D895,739 S
*Sep. 8, 2020
( 54 ) EXERCISE APPARATUS 4,200,281 A 4/1980 Wang
4,257,592 A 3/1981 Jones
( 71 ) Applicant: Jaquish Biomedical Corporation , 4,441,707 A 4/1984 Bosch
5,178,596 A 1/1993 McIntire
Nevada City, CA (US ) 5,197,934 A 3/1993 Wirtz
D342,771 S 12/1993 Tandberg
( 72 ) Inventors : John Paul Jaquish , Nevada City, CA D353,419 S 12/1994 Sprague
(US ) ; Paul Edward Jaquish , Nevada 5,514,058 A 5/1996 Buoni
City, CA ( US ) 5,540,642 A 7/1996 Sprague
5,653,665 A 8/1997 Neeley
5,688,213 A 11/1997 Recker
( 73 ) Assignee : Jaquish Biomedical Corporation , (Continued )
Nevada City, CA (US )
This patent is subject to a terminal dis FOREIGN PATENT DOCUMENTS
( * ) Notice :
claimer. EP 2764896 A1 8/2014
KR 10200000 5/2000
( ** ) Term : 15 Years
Primary Examiner — George D. Kirschbaum
( 21 ) Appl . No .: 29 /734,014 (74 ) Attorney, Agent, or Firm — Morgan , Lewis &
Bockius LLP
(22 ) Filed : May 8, 2020
Related U.S. Application Data ( 57 ) CLAIM
( 63 ) Continuation of application No. 35 / 001,051 , filed on The ornamental design for an exercise apparatus, as shown
and described .
Jul. 17 , 2015 (U.S. filing date under 35 U.S.C. 384 ) ,
and having an international filing date of Jul . 17 , DESCRIPTION
2015 , which is a continuation of application No.
29/ 515,595 , filed on Jan. 23 , 2015 , now Pat . No. Des .
778,374 . FIG . 1 is a first perspective view of an exercise apparatus
( 51 ) LOC ( 12) Cl . 21-02 showing our new design ;
(52) U.S. CI. FIG . 2 is a second perspective view thereof;
USPC D21 /673 FIG . 3 is a front view of the design of FIG . 2 ;
FIG . 4 is a rear view of the design of FIG . 2 ;
( 58 ) Field of Classification Search FIG . 5 is a side view of the design of FIG . 2 , wherein the
USPC D21 / 662 , 673 , 679 opposite side of the exercise apparatus is a mirror image of
CPC A63B 23/0355 ; A63B 23/03525 ; A63B the side view ;
21/0552 , A63B 21/02 , A63B 21/0004 FIG . 6 is a top view of the design of FIG . 2 ;
See application file for complete search history . FIG . 7 is a bottom view of the design of FIG . 2 ;
( 56 ) References Cited FIG . 8 is a first enlarged view of FIG . 1 ; and,
FIG . 9 is a second enlarged view of FIG . 1 .
U.S. PATENT DOCUMENTS The broken lines depict unclaimed environmental subject
matter.
1,019,861 A 3/1912 Titus
3,193,288 A 7/1965 Vell 1 Claim , 8 Drawing Sheets
Case 6:21-cv-00052 Document 1-1 Filed 01/19/21 Page 26 of 56
US D895,739 S
Page 2
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EXHIBIT A-4
Case 6:21-cv-00052 Document 1-1 Filed 01/19/21 Page 36 of 56
USOOD902329S
( 12 ) Jaquish
Unitedet alStates
.
Design Patent ((4510)) Date
PatentofNoPatent
.: : US D902,329 S
** *Nov. 17, 2020
( 54 ) EXERCISE APPARATUS 4,200,281 A 4/1980 Wang
4,257,592 A 3/1981 Jones
( 71 ) Applicant: Jaquish Biomedical Corporation , 4,441,707 A 4/1984 Bosch
5,178,596 A 1/1993 McIntire
Nevada City, CA (US ) 5,197,934 A 3/1993 Wirtz
D342,771 S 12/1993 Tandberg
( 72 ) Inventors : John Paul Jaquish , Nevada City, CA D353,419 S 12/1994 Sprague
(US ) ; Paul Edward Jaquish , Nevada 5,514,058 A 5/1996 Buoni
City, CA ( US ) 5,540,642 A 7/1996 Sprague
5,653,665 A 8/1997 Neeley
5,688,213 A 11/1997 Recker
( 73 ) Assignee : Jaquish Biomedical Corporation , (Continued )
Nevada City, CA (US )
This patent is subject to a terminal dis FOREIGN PATENT DOCUMENTS
( * ) Notice :
claimer . EP 2764896 A1 8/2014
KR 10200000 5/2000
( ** ) Term : 15 Years
Primary Examiner — George D. Kirschbaum
( 21 ) Appl. No .: 29 /734,057 (74 ) Attorney, Agent, or Firm — Morgan , Lewis &
Bockius LLP
(22 ) Filed : May 8, 2020
Related U.S. Application Data ( 57 ) CLAIM
( 63 ) Continuation of application No. 35 / 001,051 , filed on The ornamental design for an exercise apparatus, as shown
and described .
Jul. 17 , 2015 (U.S. filing date under 35 U.S.C. 384 ) ,
and having an international filing date of Jul . 17 , DESCRIPTION
2015 , which is a continuation of application No.
29/ 515,595 , filed on Jan. 23 , 2015 , now Pat . No. Des .
778,374 . FIG . 1 is a first perspective view of an exercise apparatus
( 51 ) LOC ( 12) Cl . 21-02 showing our new design ;
(52) U.S. CI. FIG . 2 is a second perspective view thereof;
USPC D21 /673 FIG . 3 is a front view of the design of FIG . 2 ;
FIG . 4 is a rear view of the design of FIG . 2 ;
( 58 ) Field of Classification Search FIG . 5 is a side view of the design of FIG . 2 , wherein the
USPC D21 / 662 , 673 , 679 opposite side of the exercise apparatus is a mirror image of
CPC A63B 23/0355 ; A63B 23/03525 ; A63B the side view ;
21/0552 , A63B 21/02 , A63B 21/0004 FIG . 6 is a top view of the design of FIG . 2 ;
See application file for complete search history . FIG . 7 is an enlarged view of FIG . 1 ; and,
( 56 ) References Cited FIG . 8 is a cross - sectional view taken along the lines 8-8 of
FIG . 7 .
U.S. PATENT DOCUMENTS The broken lines depict unclaimed environmental subject
matter.
1,019,861 A 3/1912 Titus
3,193,288 A 7/1965 Vell 1 Claim , 8 Drawing Sheets
Case 6:21-cv-00052 Document 1-1 Filed 01/19/21 Page 37 of 56
US D902,329 S
Page 2
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EXHIBIT A-5
Case 6:21-cv-00052 Document 1-1 Filed 01/19/21 Page 47 of 56
USOOD8950328
( 12 ) Jaquish
Unitedet alStates
.
Design Patent ((4510)) Date
PatentofNoPatent
.: : US D895,032 S
*Sep. 1 , 2020
( 54 ) EXERCISE APPARATUS 4,200,281 A 4/1980 Wang
4,257,592 A 3/1981 Jones
( 71 ) Applicant: Jaquish Biomedical Corporation , 4,441,707 A 4/1984 Bosch
5,178,596 A 1/1993 McIntire
Nevada City, CA (US ) 5,197,934 A 3/1993 Wirtz
D342,771 S 12/1993 Tandberg
( 72 ) Inventors : John Paul Jaquish , Nevada City, CA D353,419 S 12/1994 Sprague
(US ) ; Paul Edward Jaquish , Nevada 5,514,058 A 5/1996 Buoni
City, CA ( US ) 5,540,642 A 7/1996 Sprague
5,653,665 A 8/1997 Neeley
5,688,213 A 11/1997 Recker
( 73 ) Assignee : Jaquish Biomedical Corporation , (Continued )
Nevada City, CA (US )
This patent is subject to a terminal dis FOREIGN PATENT DOCUMENTS
( * ) Notice :
claimer . EP 2764896 A1 8/2014
KR 10200000 5/2000
( ** ) Term : 15 Years
Primary Examiner — George D. Kirschbaum
( 21 ) Appl . No .: 29 /734,015 (74 ) Attorney, Agent, or Firm — Morgan , Lewis &
Bockius LLP
(22 ) Filed : May 8, 2020
Related U.S. Application Data ( 57 ) CLAIM
( 63 ) Continuation of application No. 35 / 001,051 , filed on The ornamental design for an exercise apparatus, as shown
and described .
Jul. 17 , 2015 (U.S. filing date under 35 U.S.C. 384 ) ,
and having an international filing date of Jul . 17 , DESCRIPTION
2015 , which is a continuation of application No.
29/ 515,595 , filed on Jan. 23 , 2015 , now Pat . No. Des .
778,374 . FIG . 1 is a first perspective view of an exercise apparatus
( 51 ) LOC ( 12) Cl . 21-02 showing our new design ;
(52) U.S. CI. FIG . 2 is a second perspective view thereof;
USPC D21 /673 FIG . 3 is a front view of the design of FIG . 2 ;
FIG . 4 is a rear view of the design of FIG . 2 ;
( 58 ) Field of Classification Search FIG . 5 is a side view of the design of FIG . 2 , wherein the
USPC D21 / 662 , 673 , 679 opposite side of the exercise apparatus is a mirror image of
CPC A63B 23/0355 ; A63B 23/03525 ; A63B the side view ;
21/0552 , A63B 21/02 , A63B 21/0004 FIG . 6 is a top view of the design of FIG . 2 ;
See application file for complete search history . FIG . 7 is a bottom view of the design of FIG . 2 ;
( 56 ) References Cited FIG . 8 is a first enlarged view of FIG . 1 ; and,
FIG . 9 is a second enlarged view of FIG . 1 .
U.S. PATENT DOCUMENTS The broken lines depict unclaimed environmental subject
matter.
1,019,861 A 3/1912 Titus
3,193,288 A 7/1965 Vell 1 Claim , 8 Drawing Sheets
Case 6:21-cv-00052 Document 1-1 Filed 01/19/21 Page 48 of 56
US D895,032 S
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JS 44 (Rev. 10/20) CIVIL
Case 6:21-cv-00052 COVER
Document 1-2 SHEET
Filed 01/19/21 Page 1 of 2
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
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of Business In This State
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