Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 1 of 23 Page ID #:1

1 Zheng “Andy” Liu (SBN 279327)

Jingyi Guo (SBN 335448)
2 Aptum Law
3 1660 S Amphlett Blvd., Suite 315
San Mateo, CA 94402
4 Tel.: (650) 475-6289
Email: Andy.Liu@AptumLaw.us
5 Jingyi.Guo@AptumLaw.us
6 Keren Hu (SBN 252725)
7 Javalon Law, PC
405 El Camino Real # 558
8 Menlo Park, CA 94025-5240
Tel.: (650) 608-5726
9 Email: kerenhu@javalonlaw.com
10
Attorneys for Plaintiff Cixi City Liyuan
11 Auto Parts Co. Ltd.

12

13

14 UNITED STATES DISTRICT COURT

15
CENTRAL DISTRICT OF CALIFORNIA
16

17

18 Case No.: _____________

CIXI CITY LIYUAN AUTO PARTS
19 CO., LTD. COMPLAINT FOR PATENT
INFRINGEMENT
20 Plaintiff,
21 v. JURY TRIAL DEMANDED

22
YITA, LLC, and DOES 1-20
23

24
Defendants.
25

26

27

28

COMPLAINT FOR PATENT INFRINGEMENT

 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 2 of 23 Page ID #:2

1 Plaintiff Cixi City Liyuan Auto Parts Co. Ltd. complains against Defendant Yita, LLC
2 doing business as Yitamotor for patent infringement as follows:
3

4 NATURE OF THE ACTION

5 1. This is a patent infringement case.

6 2. Having made significant research and development efforts, Plaintiff Cixi Auto
7
invented and patented various truck cover systems. Plaintiff Cixi Auto’s patented truck cover
8
systems earned high customer reviews and strong sales proceeds.
9

10

11

12

13

14

15

16

17

18

19

20

21 Plaintiff Cixi Auto’s patent truck cover systems currently on sale on Amazon.com

22

23 3. Defendant Yita, LLC is operated by unknown individuals residing in China.

24
Defendant Yita operates several Amazon storefronts designed to appear to be selling genuine
25
products, while actually selling Infringing Products to unwitting consumers. Defendant Yita’s
26
Amazon Stores use similar product images and specifications, advertising, and sell similar
27

28 2
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 3 of 23 Page ID #:3

1 Infringing Products.
2 4. Plaintiff Cixi Auto is forced to file this suit to stop Defendant Yita’s from
3
infringing on its patented technologies, as well as to protect innocent California consumers from
4
unknowingly purchasing Infringing Products on Amazon.
5
5. Plaintiff Cixi Auto has been and continues to be irreparably damaged from the
6

7 loss of its lawful patent rights to exclude others from making, using, selling, offering for sale,

8 and importing its patented features as a result of Defendant Yita’s actions and seeks injunctive

9 and monetary relief.

10
JURISDICTION AND VENUE
11
6. This Court has original subject matter jurisdiction over this case under the Patent
12
Act, 35 U.S.C. § 1, et seq., 28 U.S.C. § 1338(a)-(b) and 28 U.S.C. § 1331.
13
7. This Court may properly exercise personal jurisdiction over Defendant Yita.
14

15 Because Defendant Yita’s principal place of business is located at 3990 S Riverside Ave,

16 Colton, CA, 92324.

17 8. Although initially formed as a Washington State Limited Liability Company,
18
Defendant Yita’s registered address in the State of Washington (3834 136th Ave SE, Bellevue,
19
WA 98006) is a single-family house.
20
9. In its most recent filing with the Secretary of State of California, Defendant Yita
21

22 declares under the penalty of perjury that its sole manager or member, and CEO is Ms. Yaqin

23 Tao, whose address is 3990 S Riverside Ave Rialto, CA 92324. Defendant Yita further declares

24 under the penalty of perjury that it has no other corporate officers.

25 10. Defendant Yita also maintains a storage and shipping hub at 11177 White Birch
26
Ave., Rancho Cucamonga, CA 91730.
27

28 3
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 4 of 23 Page ID #:4

1 11. Defendant Yita stores a substantial number of Infringing Products at its Colton
2 and Rancho Cucamonga, CA locations and ships a substantial number of Infringing Products
3
from its Colton and Rancho Cucamonga, CA locations.
4
12. Further, Defendant Yita hires a substantial number of employees and contractors
5
at its Colton and Rancho Cucamonga, CA locations. For example, Defendant Yita has hired
6

7 and continues to hire various shipping clerks at its Colton and Rancho Cucamonga, CA

8 locations.

9 13. Next, Defendant Yita directly targets its business activities toward California
10
consumers. Specifically, Defendant Yita purposefully targets California residents by fulfilling
11
customer orders placed through its various Amazon Stores directly from its Colton and Rancho
12
Cucamonga, CA locations.
13
14. Venue is proper in this District under 28 U.S.C. § 1391: as explained above,
14

15 Defendant Yita conducts substantial business at its Colton and Rancho Cucamonga, CA

16 locations.
17 THE PARTIES
18
15. Plaintiff Cixi Auto is a China limited company. Plaintiff owns the United States
19
Utility Patent No. 9,981,537, a true and correct copy of which is attached as Exhibit A to this
20
Complaint (the ’537 Patent).
21

22 16. Defendant Yita is controlled by individuals and corporate entities residing in

23 China. Defendant Yita imports and distributes automobile parts and products from manufactures

24 in China.
25 17. At all relevant times, Plaintiff Cixi Auto is ignorant of the true names and
26
capacities of the defendants named herein as Does 1 through 20, inclusive, and therefore names
27

28 4
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 5 of 23 Page ID #:5

1 these defendants by such fictitious names. Plaintiff Cixi Auto will amend or will seek leave to
2 amend this Complaint to allege the true names and capacities of said defendants when they are
3
ascertained. Bach of the fictitiously named defendants is responsible in some manner for the
4
matters alleged herein.
5
FACTUAL ALLEGATIONS
6

7 18. The ’537 Patent was filed on February 14, 2017 and duly issued on May 29, 2018.

8 19. The claim 1 of the ‘537 Patent reads as follows:

9 A truck cover system, comprising:

10
a rail configured to couple to a truck, the rail comprising:
11
a rail body defining a cover slot configured to couple to a cover that
12
extends over a truck bed;
13
a wall extending away from the rail body with alignment indicia;
14

15 a latch system configured to couple to the rail, the latch system, comprising

16 a latch housing comprising a tongue aperture;

17 a tongue configured to move axially within the tongue aperture;
18
a tongue fastener coupled to the tongue to secure the tongue to the latch
19
housing, wherein the tongue fastener couples to the tongue;
20
a spring surrounding a portion of the tongue fastener, wherein the spring
21

22 axially biases the tongue into engagement with the rail; and

23 a latch positioner configured to couple to the rail and to the latch housing to

24 enable rotation of the latch housing, wherein the alignment indicia facilitate
25 alignment of the latch positioner on the rail.
26
20. Plaintiff Cixi Auto’s patented products as claimed in the ‘537 Patent are sold
27

28 5
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 6 of 23 Page ID #:6

1 under the Liyuan Autoparts brand on Amazon.com. The Liyuan Autoparts brand is well
2 established on Amazon.com and enjoys quality customer reviews and high ratings, earning 4.7
3
stars on Amazon with around 2,727 user reviews.
4
21. Plaintiff Cixi Auto has not granted a license or any other form of permission to
5
Defendant Yita to practice its ’537 Patent.
6

7 22. Further, infringers such as Defendant Yita typically operate multiple credit card

8 merchant accounts and PayPal accounts behind layers of payment gateways so that they can

9 continue operation despite Plaintiff Cixi Auto’s enforcement efforts, such as take down notices.
10
On information and belief, Defendant Yita maintains off-shore bank accounts and regularly
11
moves funds from its PayPal accounts or other financial accounts to off-shore bank accounts
12
outside the jurisdiction of this Court. Indeed, an analysis of PayPal transaction logs from
13
previous similar cases indicates that offshore infringers regularly move funds from U.S.-based
14

15 PayPal accounts to China-based bank accounts outside the jurisdiction of this Court.

16 23. Defendant Yita, without any authorization or license from Plaintiff Cixi Auto,
17 has knowingly and willfully offered for sale, sold, and/or imported into the United States for
18
subsequent resale or use products that infringe the ‘537 Patent, and continues to do so via its
19
various Amazon Stores. Each of Defendant Yita’s Amazon Store offers shipping to California
20
and each, on information and belief, has sold Infringing Products into California.
21

22 24. Defendant Yita’s infringement of the ‘537 Patent in the offering to sell, selling,

23 or importing of the Infringing Products is willful.

24 25. Defendant Yita’s infringement of the ‘537 Patent in connection with the offering
25 to sell, selling, or importing of the Infringing Products, including the offering for sale and sale
26
of Infringing Products in California, is irreparably harming Plaintiff Cixi Auto.
27

28 6
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 7 of 23 Page ID #:7

1 COUNT I: UTILITY PATENT INFRINGEMENT

2 (35 U.S.C. § 271)

3 26. Plaintiff Cixi Auto hereby re-alleges and incorporates by reference the
4 allegations set forth in the preceding paragraphs.
5
27. Defendant Yita offers for sale, sell, and/or import into the United States for
6
subsequent resale or use Infringing Products that infringe the truck cover system claimed in the
7

8 ‘537 Patent, i.e., the truck bed features, as exemplified below:

9 Claimed Exemplary Basis of Infringement

Features
10 A truck cover system, comprising:
11
a rail configured to couple to a truck, the rail
12
comprising:
13
a rail body defining a cover slot configured to
14
couple to a cover that extends over a truck bed;
15

16 a wall extending away from the rail body with

17 alignment indicia;
18 a latch system configured to couple to the rail,
19
the latch system, comprising
20
a latch housing comprising a tongue
21
aperture;
22

23 a tongue configured to move axially

24 within the tongue aperture;

25 a tongue fastener coupled to the tongue

26 to secure the tongue to the latch housing,
27

28 7
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 8 of 23 Page ID #:8

1 wherein the tongue fastener couples to

2 the tongue;
3
a spring surrounding a portion of the
4
tongue fastener, wherein the spring
5
axially biases the tongue into
6

7 engagement with the rail; and

8 a latch positioner configured to couple to the

9 rail and to the latch housing to enable rotation

10
of the latch housing, wherein the alignment
11
indicia facilitate alignment of the latch
12
positioner on the rail.
13

14

15
///
16
///
17
///
18

19 ///

20 ///

21 ///

22 ///
23
///
24
///
25
///
26
///
27

28 8
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 9 of 23 Page ID #:9

1 Claimed Features Shown In The Exemplary Basis Of Infringement

Specification Of The ‘537 Patent
2

10

11

12

13

14

15

16

17 28. Defendant Yita has infringed the ‘537 Patent through the acts described in this
18
Complaint and will continue to do so unless enjoined by this Court. Defendant Yita’s infringing
19
conduct has caused Plaintiff Cixi Auto to suffer irreparable harm resulting from the loss of its
20
lawful patent rights to exclude others from making, using, selling, offering for sale, and
21

22 importing the patented invention. Plaintiff is entitled to injunctive relief pursuant to 35 U.S.C.

23 § 283.

24 29. Unless a preliminary and permanent injunction is issued enjoining Defendant

25 Yita and all others acting on in active concert therewith from infringing the ‘537 Patent,
26
Plaintiff Cixi Auto will continue to be irreparably harmed.
27

28 9
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 10 of 23 Page ID #:10

1 30. Plaintiff Cixi Auto is entitled to recover damages adequate to compensate for
2 the infringement, including Defendant Yita’s profits pursuant to 35 U.S.C. § 289. Plaintiff Cixi
3
Auto is also entitled to recover any other damages as appropriate pursuant to 35 U.S.C. § 284.
4

5 PRAYER FOR RELIEF

6 WHEREFORE, Plaintiff Cixi Auto prays for a judgment against Defendant Yita and
7
DOES 1-20 as follows:
8
1) That Defendant Yita, their affiliates, officers, agents, servants, employees,
9
attorneys, confederates, and all persons acting for, with, by, through, under or in active
10
concert with them be temporarily, preliminarily, and permanently enjoined and restrained
11

12 from:

13 a. offering for sale, selling, and importing any products not authorized by
14 Plaintiff that embody or practice any feature of the truck cover system as
15
claimed in the ‘537 Patent;
16
b. aiding, abetting, contributing to, or otherwise assisting anyone in
17
infringing upon the ‘537 Patent; and
18

19 c. effecting assignments or transfers, forming new entities or associations or

20 utilizing any other device for the purpose of circumventing or otherwise

21 avoiding the prohibitions set forth in Subparagraphs (a) and (b).

22 2) Entry of an Order that, upon Plaintiff Cixi Auto’s request, those in privity with
23
Defendant Yita and those with notice of the injunction, including, without limitation, any
24
online marketplace platforms such as iOffer, eBay, AliExpress, Alibaba, Amazon,
25
Wish.com, Walmart.com, and Dhgate, web hosts, sponsored search engine or ad-word
26

27 providers, credit cards, banks, merchant account providers, third party processors and

28 10
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 11 of 23 Page ID #:11

1 other payment processing service providers, Amazon search engines such as Google,
2 Bing and Yahoo (collectively, the “Third Party Providers”) shall:
3
a. disable and cease providing services being used by Defendant Yita,
4
currently or in the future, to engage in the sale of goods that infringe the
5

6 patented features;

7 b. disable and cease displaying any advertisements used by or associated

8 with Defendant Yita in connection with the sale of infringing goods using
9
the patented features; and
10
c. take all steps necessary to prevent links to the Defendant Yita’s Amazon
11
Stores identified on Exhibit B attached to this Complaint from displaying
12
in search results, including, but not limited to, removing links to the
13

14 Defendant Yita’s Amazon Stores from any search index.

15 3) That Plaintiff Cixi Auto be awarded such damages as it shall prove at trial against
16 Defendant that are adequate to compensate Plaintiff Cixi Auto for infringement of the
17
‘537 Patent, including and not limited to all of the profits realized by Defendant, or others
18
acting in concert or participation with Defendant `, from Defendant Yita’s infringement
19
of the ‘537 Patent;
20

21 4) That the Court increase the damages up to three times the amount found or

22 assessed, after an accounting, pursuant to 35 USC § 284;

23 5) That Plaintiff Cixi Auto be awarded its reasonable attorneys’ fees and costs; and
24 6) Any and all other relief that this Court deems just and proper.
25
///
26
///
27

28 11
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 12 of 23 Page ID #:12

1 DEMAND FOR JURY TRIAL

2 Plaintiff Cixi Auto hereby demands a jury trial on all issues so triable.
3
Dated: December 18, 2023 Respectfully submitted,
4

9
By: ______________________________
10 Zheng “Andy” Liu (SBN 279327)
Jingyi Guo (SBN 335448)
11 Aptum Law
1660 S Amphlett Blvd., Suite 315
12 San Mateo, CA 94402
Tel.: (650) 475-6289
13
Email: Andy.Liu@AptumLaw.us
14
Keren Hu (SBN 252725)
15 Javalon Law, PC
405 El Camino Real # 558
16 Menlo Park, CA 94025-5240
Tel.: (650) 608-5726
17
Email: kerenhu@javalonlaw.com
18
Attorneys for Plaintiff Cixi City Liyuan Auto Parts Co. Ltd.
19

20

21

22

23

24

25

26

27

28 12
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 13 of 23 Page ID #:13

8
EXHIBIT A
9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 13
COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 14 of 23 Page ID #:14
UNKANA NA NA MATATANI
US009981537B2

(12) United States Patent (10) Patent No.: US 9 ,981,537 B2

Xu (45) Date of Patent: May 29 , 2018
(54 ) TRUCK COVER SYSTEM (56 ) References Cited
(71) Applicant: Cixi City Liyuan Auto Parts Co ., U .S . PATENT DOCUMENTS
Ltd ., Cixi (CN ) 6 ,752,449 B1 * 6/2004 Wheatley B60J 7 / 102
296 / 100 . 17
(72 ) Inventor: Enli Xu, Cixi (CN ) 7,900 ,990 B2* 3/2011 Townson .............. B60P 7 /0815
296 / 100 . 16
(73) Assignee: CIXI CITY LIYUAN AUTO PARTS 7,954,876 B2 * 6 /2011 Kosinski ... B60J 7 / 102
296 / 100 . 17
CO ., LTD ., Cixi (CN ) 8, 128 ,149 B1 * 3/2012 Wolf ............... B60J 7/ 10
Subject to any disclaimer, the term of this 160 / 371
( * ) Notice: 2008 /0106114 A1 * 5 /2008 Wheatley B60J 7 / 061
patent is extended or adjusted under 35 296 / 100 . 17
U .S .C . 154 (b ) by 0 days. days. 2017/0129316 A1* 5/2017 Williamson B60J 7 /068
( 21) Appl. No.: 15 /431,790 * cited by examiner
( 22 ) Filed : Feb . 14 , 2017 Primary Examiner — Dennis H Pedder
(74 ) Attorney, Agent, or Firm — Kilpatrick Townsend &
(65) Prior Publication Data Stockton LLP
US 2018 /0111460 A1 Apr. 26 , 2018 (57) ABSTRACT
Foreign Application Priority Data A truck cover system that includes a rail that couples to a
(30) truck . The rail includes a rail body with a cover slot that
couples to a cover and a wall that extends away from the rail
Oct. 21 , 2016 (CN ) ......................... 2016 1 0918978 body with alignment indicia . A latch system couples to the
(51) Int. Ci. rail . The latch system includes a latch housing that includes
B60J 7 / 10 ( 2006 . 01) a tongue aperture. A tongue moves axially within the tongue
B60J 7/ 185 aperture . A tongue fastener couples to the tongue to secure
( 2006 .01) the tongue to the latch housing . A spring surrounds a portion
(52) U .S. CI. of the tongue fastener and axially biases the tongue into
CPC ............. B60J 7/ 104 (2013 .01); B60J 7/ 1858 engagement with the rail. A latch positioner couples to the
( 2013 .01) rail and to the latch housing to enable rotation of the latch
(58 ) Field of Classification Search housing while the alignment indicia facilitates alignment of
CPC ............. .............. B60J 7 / 104 ; B60J 7 / 1858 the latch positioner on the rail .
USPC ......... 296 / 100 . 16 - 100 . 18
See application file for complete search history . 10 Claims, 4 Drawing Sheets

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 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 15 of 23 Page ID #:15

U . S . Patent May 29 , 2018 Sheet 1 of 4 US 9,981,537 B2

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 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 16 of 23 Page ID #:16

U . S . Patent May 29, 2018 Sheet 2 of 4 US 9,981,537 B2

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 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 17 of 23 Page ID #:17

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 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 18 of 23 Page ID #:18

U . S . Patent May 29, 2018 Sheet 4 of 4 US 9,981,537 B2

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 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 19 of 23 Page ID #:19

US 9 , 981,537 B2
TRUCK COVER SYSTEM FIG . 2 is a rear partial perspective view of an embodiment
of a truck cover system with a latch system in an unlatched
FIELD OF THE INVENTION position ;
FIG . 3 is a rear partial perspective view of an embodiment
The disclosure generally relates to a compartment cover 5 of a truck cover system with a latch system in a latched
system for trucks. position ;
FIG . 4 is a cross -sectional view of an embodiment of a
BACKGROUND OF THE INVENTION latch system along line 4 - 4 of FIG . 3 ; and
FIG . 5 is a partial perspective view of an embodiment of
This section is intended to introduce the reader to various 10 the truck cover system without the latch system .
aspects of art that may be related to various aspects of the DETAILED DESCRIPTION
present invention , which are described and /or claimed
below . This discussion is believed to be helpful in providing
the reader with background information to facilitate a better 15 tionOne or more specific embodiments of the present inven
understanding of the various aspects of the present inven exemplarybeofdescribed
will below . These embodiments are only
the present invention . Additionally, in an effort
tion . Accordingly, it should be understood that these state to provide a concise description of these exemplary embodi
ments are to be read in this light, and not as admissions of ments , all features of an actual implementation may not be
prior art. described in the specification . It should be appreciated that
Pickup trucks are widely used vehicles that enable trans- 20 in the development of any such actual implementation , as in
portation of cargo as well as passengers . Passengers are any engineering or design project, numerous implementa
typically housed in the truck cab while cargo can be stored tion -specific decisions must be made to achieve the devel
in the truck bed . The truck bed is usually rectangularly opers ' specific goals, such as compliance with system
shaped and open to the environment to facilitate loading and related and business-related constraints , which may vary
carrying of large and / or oddly shaped cargo . However, 25 from one implementation to another. Moreover, it should be
exposing the truck bed to the environment may leave the appreciated that such a development effort might be com
truck bed and/ or cargo unprotected . For example , the truck plex and time consuming, but would nevertheless be a
bed and/or cargo may be exposed to dirt , precipitation (e.g., routine undertaking of design , fabrication , and manufacture
rain , snow , hail), etc . Accordingly, some truck owners pur - for those of ordinary skill having the benefit of this disclo
chase truck covers to protect the truck bed as well as items 30 sure .
stored in the truck bed . The embodiments discussed below include a truck cover
system with a rail that includes indicia (e . g ., symbols,
SUMMARY OF THE INVENTION numbers , or a combination thereof) that facilitate alignment
of latch systems for tensioning a cover. In other words , the
The present disclosure is directed to a truck cover systemm . 335 indicia may facilitate parallel alignment of latch systems.
The truck cover system may also include a latch system with
The truck cover system includes a rail that couples to a truck . a latch housing that that receives and enables a tongue to
The rail includes a rail body with a cover slot that couples move axially within the latch housing. The latch housing
to a cover and a wall that extends away from the rail body. enables the removal of the tongue in a first direction while
The rail body includes alignment indicia . A latch system140 blocking removal of the tongue in a second direction .
couples to the rail. The latch system includes a latch housing FIG . 1 is a perspective view of an embodiment of a truck
that includes a tongue aperture. A tongue moves axially 10 with a truck cover system 12 . As illustrated , the cover
within the tongue aperture . A tongue fastener couples to the system 12 covers the compartment 14 formed by the truck
tongue to secure the tongue to the latch housing and a spring bed 16 to protect an interior of the truck bed 16 and items
surrounds a portion of the tongue fastener and axially biases 45 that may be stored in the compartment 14 . For example , the
the tongue into engagement with the rail. A latch positioner cover system 12 may block dirt and precipitation from
couples to the rail and to the latch housing to enable rotation entering the truck bed 16 . The cover system 12 includes a
of the latch housing while the alignment indicia facilitates cover 18 ( e . g ., soft cover ) that extends over the compartment
alignment of the latch positioner on the rail. 14 . The cover 18 may be made out of a variety of materials
An aspect of the disclosure includes a truck cover system 50 including fabric , plastic (e . g ., vinyl), etc . The cover 18
with a rail that couples to a truck . The rail includes a rail couples to the truck bed 16 with rails 20 that in turn couple
body with a cover slot that couples to a cover that extends to truck walls 22 (e.g., truck bed walls ). To block removal
over a truck bed and a wall that extends away from the rail of the cover 18 and / or access to the truck bed 16 , the cover
body with alignment indicia . A latch system couples to the system 12 includes one or more latch systems 24 . For
rail to tension the cover. A latch positioner couples to the rail 55 example , the cover system 12 may include two latch systems
and to the latch system , while the alignment indicia facilitate 24 one at each corner of the truck bed 16 next to the tailgate
alignment of the latch positioner on the rail . 26 . In operation , the latch systems 24 couple to the rails 20
to tension /pull the cover 18 into an extended position ( e . g .,
BRIEF DESCRIPTION OF THE DRAWINGS taught position ) that facilitates the flow of precipitation off
60 of the cover system 12 as well as enhancing the aesthetic
Various features , aspects , and advantages of the present appearance of the cover system 12 .
invention will be better understood when the following F IG . 2 is a rear partial perspective view of an embodiment
detailed description is read with reference to the accompa of
of aa
truck cover system 12 (without the cover 18 ) with a
nying figures in which like characters represent like parts latch system 24 in an unlatched position . As illustrated , the
throughout the figures , wherein : 65 rail 20 has a body 40 ( e . g ., rail body that includes a cover
FIG . 1 is a perspective view of an embodiment of a truck slot 42 and a rail wall 44 that couples to the truck 10 . In some
with a truck cover system ; embodiments , a weather seal (e.g., rubber , plastic) may rest
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 20 of 23 Page ID #:20

US 9 ,981,537 B2
between the rail wall 44 and the truck wall 22 to block dirt, FIG . 4 is a cross -sectional view of an embodiment of a
precipitation , etc . from entering the truck bed 16 between latch system 24 along line 4 - 4 of FIG . 3 . As illustrated , the
the rail 20 and the truck wall 22. The weather sealmay also latch housing 52 includes an aperture 96 (e. g., tongue
double as a cushion that protects a surface of the truck wall aperture ) with a counterbore portion 98 and a thru -hole
22 ( e . g ., protect the paint job ) . 5 portion 100 . The counterbore portion 98 has a diameter 102
As explained above, the cover system 12 includes a latch that is greater than a diameter 104 of the thru -hole portion
system 24 that couples to the rails 20 to tension and secure 100. The difference in diameters 102 and 104 enables the
the cover 18 to the truck 10 . In order to couple the latch latch housing 52 to receive the tongue 58 and block removal
system 24 to the rail 20 , the cover system 12 includes a latch of the tongue 58 in axial direction 62 . A fastener 106 couples
positioner 46 . The latch positioner 46 includes a curved slot 10 to the tongue 58 and includes a first end 108 and a second
48 that receives and enables a curved end 50 of a latch end 110 . The first end 108 defines a threaded portion 112 that
housing 52 to rotate and couple to the rail 20 . For example , threadingly couples to an aperture 114 inside of the tongue
the latch housing 52 rotates about the latch positioner 46 in 58 . The second end 110 of the fastener 106 defines an
direction 54 to secure the latch system 24 to the rail 20 , and enlarged head portion 116 with a diameter 118 that is larger
releases as the latch housing 52 rotates in direction 56 . 15 than the diameter 104 of the thru -hole portion 100 to block
To secure the latch system 24 to the rail 20, the latch removal of the fastener 106 from the latch housing 52 in
system 24 includes a tongue 58 . The tongue 58 moves axial direction 60 . In some embodiments , the aperture 114 in
axially in and out of the latch housing 52 in axial directions the tongue 58 may receive a threaded bushing 120 that is
60 and 62 to engage and disengage from the rail 20 . For welded , glued , press fit, or otherwise coupled to the tongue
example , as the latch housing 52 rotates in direction 54 the 20 58 . Therefore , instead of coupling directly to the tongue 58 ,
tongue 58 contacts the surface 64 ( e. g ., slanted , tapered , the fastener 106 threadingly couples to the threaded bushing
curved surface) on the rail body 40 . The surface 64 drives 120 .
the tongue 58 into the latch housing 52 in axial direction 62 . Surrounding the fastener 106 between the first end 108
Once the latch housing 52 rotates past the surface 64 , the and the second end 110 is a spring 122 ( e. g ., helical spring ).
tongue 58 extends out of the latch housing 52 in axial 25 The spring 122 has a first end 124 and a second end 126 with
direction 60 and into the tongue slot 66 . In this position , the the first end 124 contacting a rear face 128 of the tongue 58
tongue 58 couples/ secures the latch system 24 to the rail 20 . and the second end 126 contacting a counterbore face 130 .
While the cover 18 is not shown in FIG . 2 , the cover 18 In operation , the spring 122 biases the tongue 58 away
couples to the latch system 24 enabling the latch system 24 from the counterbore face 130 in axial direction 60 . How
to tension the cover 18 into an extended position . After 30 ever, when a force greater than the spring force of the spring
extending/tensioning the cover 18 , the cover 18 facilitates 122 contacts the tongue 58 , the spring 122 compresses in
the flow of precipitation and enhances the aesthetic appear axial direction 62 between the tongue 58 and counterbore
ance of the cover system 12 . The cover 18 couples to the rail face 130 . As the spring 122 compresses , the fastener 106
20 by sliding an end of the cover 18 into the cover slot 42 . slides in axial direction 62 through the thru -hole portion 100 ,
The cover slot 42 is formed by the rail 20 with first and 35 which drives the tongue 58 into the latch housing 52 . Once
second curved portions 67, 68 ( e. g.,hooks ) on opposite sides the force is removed , the spring 122 biases the tongue 58 in
of a recess 70 . axial direction 60, so that a portion of the tongue 58 extends
In some embodiments , the latch housing 52 may include out of the latch housing 52 (e . g ., extends into the tongue slot
a curved surface 72 that facilitates the flow of precipitation 66 ) .
off of the truck 10 , enhances the appearance of the cover 40 FIG . 5 is a perspective view of an embodiment of the
system 12 , and facilitates handling (e . g ., opening of the truck cover system 12 without the latch system 24 . As
cover system 12 ). The latch housing 52 may also include a explained above, the cover system 12 may include two latch
connector 74 that extends away from the latch housing 52 . systems 24 one for each rail 20 . In order to properly tension
The connector 74 enables the latch system 24 located at one the cover 18 , the latch systems 24 should align with one
corner of the truck bed 16 to connect to the opposing latch 45 another ( e . g ., be parallel) . To facilitate alignment, the rail 20
system 24 located at a parallel corner of the truck bed 16 . For includes indicia 150 ( e . g ., measurement, alignment indicia )
example , a bar may couple to the connectors 74 to connect that enable a user to easily determine the position of the latch
the latch systems 24 . positioner 46 with respect to an end 152, 154 of the rail 20 .
PO
FIG . 3 is a rear partialperspective view of an embodiment The indicia 150 may be located on a surface 155 of the rail
of a truck cover system 12 coupled to a truck wall 22 with 50 wall 44 and /or positioned at another location . For example ,
the latch system 24 in a latched position . As explained the indicia 150 may be on the surface 64 of the rail 20 . The
above , the tongue 58 moves axially in and out of the latch indicia 150 may be a symbol such as lines and /or other
housing 52 in axial directions 60 and 62 to engage and shapes (e . g ., circles, triangles , squares ). In some embodi
release from the rail 20 . As the latch housing 52 rotates in ments, the indicia 150 may be words and /or numbers . For
direction 54 , a surface 90 (e . g ., tapered , slanted , curved 55 example , numbers may represent measurements ( e. g .,
surface) (see FIG . 4 ) of the tongue 58 contacts the surface inches, mm ) from an end 152, 154 or a simple number ( e. g .,
64 on the rail body 40 . The surface 64 drives the tongue 58 1 , 2 , 3 ) that indicates a position with respect to the rail 20 .
in axial direction 62 and into the latch housing 52 . After the In some embodiments , the indicia 150 may be a combination
latch housing 52 rotates past the surface 64 , the tongue 58 of shapes , words, and numbers , or a subset thereof. In
extends out of the latch housing 52 in axial direction 60 and 60 Operation , a user can easily determine the position of each
into the tongue slot 66 to lock the latch system 24 in place . latch positioner 46 by referring to the indicia 150 , thus
In the latched position , a surface 92 (e .g., flat ) on the tongue avoiding the need to separately measure a distance from an
58 contacts a latch retention surface 94 (see FIGS. 2 and 4 ) end 152, 154 of each rail 20 in order to align the latch
on the rail 20 that blocks the tongue 58 and thus rotation of positioners 46 .
the latch housing 52 . Without user intervention to disengage 65 After aligning the latch positioner 46 , the latch positioner
the tongue 58 from the tongue slot 66 , the latch system 24 46 is coupled to the rail 20 . In some embodiments , the latch
remains in the latched position . positioner 46 defines one or more apertures 156 that receive
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 21 of 23 Page ID #:21

US 9 ,981,537 B2
fasteners 158 (e . g ., screws, bolts ) that threadingly engage a tongue fastener coupled to the tongue to secure the
the tongue slot 66 . In some embodiments, the fasteners 158 tongue to the latch housing , wherein the tongue
engage a protrusion 160 ( e. g ., alignment protrusion ) that fastener couples to the tongue;
extends from the rail wall 44 . As the fasteners 158 engage a spring surrounding a portion of the tongue fastener,
the protrusion 160, the fasteners 158 compress the latch 5 wherein the spring axially biases the tongue into
positioner 46 against the rail 20 ( e .g ., rail body 40 , the engagement with the rail ; and
protrusion 160 , or a combination thereof). In some embodi a latch positioner configured to couple to the rail and to
ments , the latch positioner 46 includes a slot 162 that the latch housing to enable rotation of the latch hous
receives the protrusion 160 . The rail 20 may therefore ing, wherein the alignment indicia facilitate alignment
facilitate alignment and retention of the latch positioner 46 10 2 . ofThethesystem
latch positioner on the rail.
of claim 1 , wherein the rail comprises an
as the latch positioner 46 moves/ slides between the ends alignment protrusion that extends from the wall.
152, 154 of the rail 20 over the protrusion 160 . In some 3 . The system of claim 2 , wherein the alignment protru
embodiments , the protrusion 160 is rectangular in shape sion is substantially perpendicular to the wall.
with a rounded end 164. In other embodiments, the protru 4 . The system of claim 2 , wherein the alignment protru
sion 160 may be square , semi- circular, etc . 15 sion extends from a first end of the rail to a second end of
While the invention may be susceptible to various modi- the rail.
fications and alternative forms, specific embodiments have 5 . The system of claim 2 , wherein the latch positioner
been shown by way of example in the drawings and have comprises a slot that receives the alignment protrusion ,
been described in detail herein . However, it should be wherein the latch positioner is configured to align by sliding
understood that the invention is not intended to be limited to 20 axially over the alignment protrusion .
the particular forms disclosed . Rather, the invention is to 6 . The system of claim 1 , wherein the rail defines a tongue
cover all modifications, equivalents, and alternatives falling slot that receives the tongue in a latched position .
within the spirit and scope of the invention as defined by the 7 . The system of claim 6 , wherein the latch positioner
following appended claims. defines an aperture that receives a fastener, wherein the
25 fastener is configured to extend through the aperture and into
What is claimed is : the tongue slot to couple the latch positioner to the rail .
1 . A truck cover system , comprising: 8 . The system of claim 1 , wherein the tongue aperture
comprises a thru -hole portion and a counterbore portion , and
a rail configured to couple to a truck , the rail comprising : wherein
a railbody defining a cover slot configured to couple to 30 fastener totheenter
thru -hole portion allows a first end of the tongue
the counterbore portion and blocks a second
a cover that extends over a truck bed ;
a wall extending away from the rail body withhalion
align- end of the tongue fastener from entering the counterbore
portion .
ment indicia ; 9. The system of claim 1, wherein the spring is a helical
a latch system configured to couple to the rail, the latch spring .
system , comprising :
a latch housing comprising a tongue aperture ; 35
35 10 . The system of claim 1, wherein the alignment indicia
a tongue configured to move axially within the tongue comprise at least one of numbers , letters, and symbols .
aperture ; * * * * *
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 22 of 23 Page ID #:22

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EXHIBIT B
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COMPLAINT FOR PATENT INFRINGEMENT
 Case 5:23-cv-02580 Document 1 Filed 12/19/23 Page 23 of 23 Page ID #:23

No. Store Name Infringing Product Link

1 OEDRO 2009-2023 Ram 1500 Classic Only 5.6' https://www.amazon.com/dp/B07G278MDB

2 OEDRO 2014-2018 Silverado/Sierra 1500, 5.8' https://www.amazon.com/dp/B07G2PNNRS

3 yita 2015-2022 Colorado/Canyon 5'2" https://www.amazon.com/dp/B07SWYB2M1

4 yita 2014-2018 Silverado/Sierra 1500 5.8' https://www.amazon.com/dp/B07SVWWNF1

2014-2019 Silverado/Sierra
5 OEDRO1500 (2019 Legacy/Limited ONLY), 2015-2019 Silverado Sierra
https://www.amazon.com/dp/B07YW44MDQ
2500 HD 3500 HD 6.6'

6 OEDRO 2019-2023 Chevy /GMC 1500 New Body Style 5.8' https://www.amazon.com/dp/B081T51CVJ

7 OEDRO 2019-2023 Chevy/GMC 1500 New Body Style 6.6' https://www.amazon.com/dp/B086296YPC

8 yita 2009-2023 Ram 1500 (19-23 Classic ONLY) 5.7' https://www.amazon.com/dp/B092MF8HXT

2019-2023 Silverado/Sierra 1500 New Body
9 yita https://www.amazon.com/dp/B092MHNXR4
Style 6.6'

10 yita 2015-2022 Colorado/Canyon 6'2" https://www.amazon.com/dp/B099RWVJZ4

2019-2023 Silverado/Sierra 1500 New Body Style

11 yita https://www.amazon.com/dp/B099RV8966
5.8 '
12 yita 2009-2023 Ram 1500 (19-23 Classic ONLY) 6.4' https://www.amazon.com/dp/B09BTQ14RH

13 yita 2020-2023 Gladiator JT https://www.amazon.com/dp/B09BZNX9GP

14 yita 2005-2015 Tacoma 5' https://www.amazon.com/dp/B0B14R6NSK

15 yita 2016-2023 Tacoma 6' https://www.amazon.com/dp/B0B13WFH8K

16 yita 2016-2023 Tacoma 5' https://www.amazon.com/dp/B0B146BMDT

17 yita 2005-2023 Frontier(NO México) 5' https://www.amazon.com/dp/B0B9RFC9KS

18 yita 2019-2023 Ram 1500 New Body Style 5.7' https://www.amazon.com/dp/B0C169WVHV

19 OEDRO 2019-2023 Ram 1500 New Body Style 5.6' https://www.amazon.com/dp/B0C1696Z52

20 OEDRO 2015-2023 F150 5.6' https://www.amazon.com/dp/B07G2F28KR