Mallen v. Evriholder Products

8/2/2019 Mallen v. Evriholder Products

http://slidepdf.com/reader/full/mallen-v-evriholder-products 1/18

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Stuart J. West SBN 202041West & Associates, A PC

2815 Mitchell Drive, Suite 209

Walnut Creek, CA 94598

Telephone: 925.262.2220

Facsimile: 925.262.2205Email: [email protected] for PlaintiffKenneth J. Mallen

E-tiHna

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIALB

i!v 12 13161

KENNETH J. MALLEN,

Plaintiff,

v.

EVRIHOLDER PRODUCTS, LLC, and DOES

1-100

Defendants.

iCase No:I

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COMPLAINT FOR PATENfr

INFRINGEMENT AND I

UNFAIR COMPETITION

DEMAND FOR JURY TRIAL

18 Plaintiff Kenneth J. Mallen (hereinafter, ''Plaintiff'), by and through his unddrsigned

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19 counsel, for his Complaint against Defendant Evriholder Products, LLC, and DOES 1-100

20 (hereinafter, collectively, "Defendant"), states the following. Allegations made on belief are

21 premised on the belief that the same are likely to have evidentiary support after a re8$onab1e

22 opportunity for further investigation and discovery.

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Complaint - 1



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.J THE PARTIES

2 1. Plaintiff is an individual residing at 205 South Maryland Parkway, Las Vetas, NV

3 89101.

4 2. Upon information and belief, Defendant is a limited liability company organized under

5 the laws of the State of Indiana and has an office and principal place of business at 15Qo South

6 Lewis Street, Anaheim, CA 92805.

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8 NATURE OF ACTION

9 3. This is a civil action for the infringement of United States Patent No. 7,067,73V under

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10 the patent laws of the United States, 35 U.S.C. § 1et seq.

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12 .roRISDICTION AND VENUE

13 4. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C.

I14 §§ 1331 and 1338(a) because this action arises under the patent laws of the United! States,

15 including 35 U.S.C. § 271 et seq., and pursuant to 28 U.S.C. § 1332(a). Thea m ~ u n t

in

16 question herein exceeds $75,000.

17 5. This Court has personal jurisdiction over Defendant because Defendant has conpnitted

18 acts of infringement in this District in violation of 35 U.S.C. § 271 and has placed intnging

19 products into the stream of commerce with the knowledge and/or understanding th4t such

20 products are used and sold in this District. These acts have caused and continue to cause injury

21 to Plaintiff within the District. Defendant derives substantial revenue from the ~ a l e of22 infringing products distributed within the District, and/or expects or should reasonably Iexpect

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Complaint - 2



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its actions to have consequences within the District, and derives substantial r e v e n ~ e from

interstate and international commerce.

6. Venue is proper in this judicial district as to Defendants pursuant to 28 U.S.C. §§ 1391

and 1400(b .

INTRADISTRICT ASSIGNMENT1

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7. Because thls action is an Intellectual Property Action within the meaning of Civtl Local

Rule 3-2(c), the action is to be assigned on a district-wide basis.

COUNT ONE

PATENT INFRINGEMENT

8. Plaintiff hereby realleges and incorporates by reference the allegations of parawaphs 1

through 7 of this Complaint as if fully set forth herein.

9. On June 27, 2006, United States Patent No. 7,067,737 ('"737 patent"), titled !"Cover

Plate," was duly and properly issued by the United States Patent and Trademark Office. A

copy of the '737 patent is attached hereto as Exhibit A.

10. The '737 patent is currently valid and enforceable.

11. Plaintiff is the owner of all right, title, and interest in the '737 patent, and hqlds the

right to sue and recover damages for infringement thereof, including past infringement. '

12. Upon information and belief, Plaintiff met with Defendant tbr the purpose of exlJloring

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a potential business relationship.

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13. Upon information and belief, Plaint iff disclosed the subject matter of the '737 p ~ t e n t to23 '

Defendant.

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Complaint - 3



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14. Upon information and belief, Defendant makes and/or causes to be made prod11cts sold

under the name "PLATE HOOK'R," including, but not limited to, products # PHR-,1 and #

PHR-2, photographs ofwhich are attached hereto as Exhibit B.

15. Upon information and belief, Defendant offers to sell products sold under tqe name

'"PLATE HOOK'R," including, but not limited to, products # PHR-1 and # IPHR-2,

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photographs ofwhich are attached hereto as Exhibit B. !

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16. Upon information and belief, Defendant distributes products sold under thf name

"PLATE HOOK'R," including, but not limited to, products # PHR-1 and # ~ H R - 2 , photographs ofwhich are attached hereto as Exhibit B.

17. Upon information and belief, Defendant sells products sold under the name "fLATE

HOOK'R," including, but not limited to, products # PHR-1 and # PHR-2, photogrfphs of

which are attached hereto as Exhibit B.

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18. Upon information and belief, Defendant imports into the United States p r o d u ~ t s soldI

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under the name "'PLATE HOOK'R," including, but not limited to, products# PHR-] and#!

PHR-2, photographs ofwhich are attached hereto as ExhibitB.

19. Upon information and belief, Defendant induces third parties to offer to sell ptoducts

sold under the name "PLATE HOOK'R," including, but not limited to, products# P H ~ - 1 andI

# PHR-2, photographs ofwhich are attached hereto as Exhibit B.

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QO. Upon information and belief, Defendant induces third parties to sell products s o l ~ under, I

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the name "PLATE HOOK'R," including, but not limited to, products# PHR-1 and# fHR-2,

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photographs ofwhich are attached hereto as Exhibit B.!

Complaint - 4



.,1 21. Upon information and belief, Defendant induces third parties to use products s o ~ d under

2 the name "PLATE HOOK'R," including, but not limited to, products# PHR-1 and# PHR-2,

3 photographs ofwhich are attached hereto as Exhibit B.

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22. The products sold under the name "PLATE HOOK'R," including, but not li,ited to,

products# PHR-1 and# PHR-2, photographs of which are attached hereto as Exhibit B, are

described by one or more claims of the '737 patent.1

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23. Defendant has infringed and/or induced others to infringe the '737 patent, ~ i t e r a l l y I

and/or under the doctrine of equivalents, by making, using, offering to sell, and/or sellin in the

United States, and/or importing into the United States, products that are described by one or

more claims of the '737 patent without authority and in violation of35 U.S.C. § 271.I

24. Upon information and belief, Defendant had knowledge of the '737 patent ~ r i o r toI

developing, manufacturing, offering for sale, selling, and importing "PLATE HOPK'R"

products, photographs ofwhich are attached hereto as Exhibit B.

25. Defendant has profited through infringement of the '737 patent. As a r e ~ u l t of

Defendant's unlawful infringement of the '737 patent, Plaintiff has suffered and willc ~ n t i n u e

to suffer damage.

COUNT TW O

CALIFORNIA UNFAIR COM PETITION

26. Plaintiff hereby realleges and incorporates by reference the allegations of paragttaphs 1!

through 25 ofthis Complaint as if fully set forth herein.

21 27. Upon information and belief, Defendant learned about the subject matter of tfle '737

22 patent from Plaintiff and/or investors who had met with Plaintiff.

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Complaint - 5



J 28. Defendant had constructive notice of the subject matter of the '737 patent as of the

2 issue date of the '737 patent, June 27, 2006.

3 29. Upon information and belief, Defendant incorporated the subject matter of the '737

4 patent into PLATE HOOK'R" products, photographs of which are attached hereto as ,Exhibit

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30. Upon information and belief, Defendant proceeded with developing, manufa4turing,

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offering for sale, selling, and importing "PLATE HOOK'R" products, photographs ot which

are attached hereto as Exhibit B, without entering into a license agreement with ~ l a i n t i f f I

!egarding the '73 7 patent.

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31. Defendant's activities alleged herein constitute unfair and deceptive acts and p ~ a c t i c e s

in the conduct of its trade and business in violation ofCalifornia Business & Professionis Code

§ 17200 et seq.

32. Upon information and belief, Defendant's infringing activities have caused irrepo/ableI

injury and other damage to Plaintiff. Plaintiff has no adequate remedy at law.

16 PRAYER FOR RELIEF

17 WHEREFORE, Plaintiff prays for relief as follows:

18 A. For a judgment declaring that Defendant has infringed the '737 patent;

19 B. For a judgment awarding Plaintiff compensatory damages under 35 U.S.C. § 284 and

20 California Business and Professions Code § 17203 as a result of D e f e ~ d a n t ' s

21 infringement of the '737 patent, together with interests and costs, and in no e v ~ n t less

22 than a reasonable royalty;

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Complaint - 6



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C. For a judgment declaring that Defendant 's infringement of the '737 patent Uas been'

willful and deliberate;

D. For a judgment awarding Plaintiff treble damages and pre-judgment interest tJ!nder 35

U.S.C. § 284 as a result of Defendant's willful and deliberate infringement ofr ·e '737

patent;1

E. For a judgment declaring that this case is exceptional and awarding P l a i ~ t i f f itsI

expenses, costs, and attorneys' fees in accordance with 35 U.S.C. §§ 284 and ~ 8 5 andI

Rule 54(d) ofthe Federal Rules ofCivil Procedure. I

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F. For a grant of a permanent injunction pursuant to 35 U.S.C. § 283 and c¥fornia

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Business and Professions Code § 17203, enjoining the Defendant from further acts of

Iinfringement; ,

G. For such other and further relief as the Court deems just and proper.

REQUEST FOR JURY TRIAL

Plaintiff hereby demands a trial by jury.

Dated this Ib day of March, 2012

West & Associates, A Pq2815 Mitchell Drive I

Suite 209 !

Walnut Creek, CA 9459&

Complaint - 7

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J EXHIBIT A:

2 Copy of United States Patent No. 7,067,737

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Complaint - 8

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(12) United States PatentMallen

(54) COVER PI,ATE

(76) Inventor: Kenneth J. Mallen, 18682 Paseo

Corte1, Irvine, CA (US) 92612

( • ) Notice: Subject to any disclaimer, the tem1 of his

patent is extended or adjusted under 35U.S.C. 154(b) by 0 days.

(21) Appl. No.: 101942,309

(22) Filed: Sep. 16,2004

(65) Prior PubHc:ation Data

US 2005/0109528 AI May 26, 2005

Related U.S. Applica tion Data

(60) Provisional applica tion No. 601503,256, filed on Sep.

16, 2003.

(51) Int. Cl.

H02G 3/U (2006.01)

(52) U.S. CL ........................... 174/66; 174/67; 220/241

(58) Field of Classifk:atlon Seareh .................. 174/66,

174/67; 220/241, 242Sec application file for complete search history.

(56) References Cited

U.S. PATENr DOCUMENTS

2,438,143 A

2,943,138 A3!!948 Brown

61 1960 Reaser

/'(E,

•' ·

18

v

• • • • • 1 1 f o l l • • • • ~ • (10) Patent No.:

(45) Date of Patent:US 7,067,7371 B2

Jun. 27, ~ 0 0 6 7/1967

5/197712/1980

611982

7/19821/1984

Lucci

CreamerLane

Rapps

3,331,915 A

0244,254 s4,239,167 A

4,335,863 A4,339,045 A

4.425,725 A4,702,709 A

4,921,444 A •5,594,206 A

0402.271 s0405,347 s5,914,826 A

0412,886 s6,130,384 A

6,404,569 Bl

10/1987S/19901/1997

12il998

2/1999

611999

8/1999

BodinMousta.kas et al.

SantilliCa.ma ......................... 43pi528

• cited by examiner

10/2000612002

Klas et al.

WeinbergMezeySmallwood

Doran

ES!eves et al.Bachschmid et al.

Primary Examiner-Dhiru R. Patel

(74) Attorney, Agent, or Finn-The Webb Law Finn

(57) ABSTRACT

Disclosed is a cover plate for use in connection wi•l anelectrical box. The cover plate includes a plate elemeJ 'hat

attaches to and at least partially covers a side of he electrical

box. The plate element includes at least one electricaJi box

orifice to permit access to an electrical appurtenanceciated with Jhe electrical box. The cover plate also incl es

one or more attachable elements removably attachable to a

portion of he plate element via an attachment stroctureTTheattachable elements are conligured to retain, display or

interact with an item.

27 Claims, 2 Drawing Sheets iI

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U.S. Patent Jun.27,2006 Sheet 1 of 2•.·

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32.

US 7,067, 7371B2

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U.S. Patent J u n . 2 7 ~ 2 0 0 6 Sheet 2 of 2 US 7,067,737, B2

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US 7,067,737 B2

lCOVER PLATE

CROSS REFERENCE TO RELATEDAPPLICATIONS

23,331,915 to Lucci; U.S. Pat. No. 2,438,143 to Brow¢ andU.S. Pat. No. 2,943,138 to Rcager.

However, these prior art wall-mounted k e y h o l d e r ~ · andmodified switch plates have several drawbacks. Firs and

foremost, not everyone has a cellular phone, or a P A oruses a wallet, etc. Therefore, the prior art pre-mold andmodified switch plates do not allow for any flexibil ty or

consumer options for additional modification. fore,there remains a need for a switch plate that allows fi r the

This application claims the benefit of U.S. ProvisionalPatent Application No. 60/503,256, filed Sep. 16, 2003 and

United States Provisional Patent Application entitled"Switch Plate with Cell Phone Holder, Key AccessoryHooks WitlvWithout Message Center", filed Apr. 23, 2004,which are herein incorporated by reference in their entirety.

BACKGROUND OF THE INVENTION

10 consumer, as opposed to the manufacturer, to make thedecision of what type of retaining element or attacjlableelement to use. In addition, there are certain safety conf:':"lswhen a hook is permanently attached to a modified sy.'itchplate, or integrally formed therewith. In particular, SJ\Ich a

1. Field of the Inventit1n

The present invention relates in general to cover plates foruse in connection with electrical boxes, such as electricalboxes that include wall-mounted switch plates and have one

15 hook would pose a hanging hazard and other similar:· etyissues with respect to both pets and small children. Ac ordingly, there remains a need for a modified switch pia . thatincludes the appropriate structure to safeguard one's chil-

or n:iore actuator switches and/or electrical outlets and, inparticular, to a cover plate that is positioned over one or 20

more of he electrical appurtenancesof he electrical box and

that provides a.dditional storage, display and interactivefunctionality.

2. Description of Related Art

According to the prior art, there are many electrical boxes25

available that offer various functions to the end user andelectrical access, lor example switchboxes, electrical o u t l e t ~ , combination boxes and other similar wall-mounted switchesand outlets. Presently, however, the switch plate covers and

30outlet covers for such boxes and outlets are plain plates thathave only a single function, which is to provide a protectivecover over an electrical box. Accordingly, prior art &-witch

plates do not provide any additional functionality withrelation to that specific area around or adjacent to the switch

35plate cover.

Oftentimes, people misplace or forget where they haveplaced their keys, cell phones, PDAs, wallets and othersimilar items and objects. In particular, these items are

misplaced since people do not generally have a single 40

designated place where they habitually place their keyswhen they remove them from their person. Accordingly,these items end up lost and a considerable amount of timeand resources are wasted searching for the item.

In one attempt to solve this problem, and according to the 4s

prior art, wall-mounted keyholders are available. However,these holders are designed to be permanently attached to thewall, either by nails, screws or the like, which require newholes to be drilled or punched or secured with an anchor.Next, these screws or nails must be placed into the drilled so

holes and secured with some attachment mechanism in orderto hold the wall-mounted keyholder against the wall.

In addition, certain switch plates have been developedthat may be used in place of the prior art and commonlyknown switch plates used in the vast majority of commercial 55

and residential structures. In addition, some of the.w modi

fied switch plates evidence integrally formed appurtenancesor projections that allow the switch plate to achieve variousfunctions. For example, see U.S. Pat. No. 4,335,883 to

Rapps; U.S. Pat. No. 4,425,725 to Moustakas eta!.; U.S. Pat. 60

No. 5,594,206 to Klas et al.; U.S. PaL No. 6,404,569 to

Bachschmid et al.; U.S. Pat. No. 5,914,826 to Smallwood;and U.S. Pat. No. 4,239,167 to Lane. In addition, certainswitch plates have been developed that include projectingelements or surfaces that can be used to retain a plug or a 65

cord that is associated with an electrical outlet. For example,see U.S. P a ~ . No. 4,702,709 to Santilli; U.S. Pat. No.

dren, pets, etc. i

SUMMARY OF HiE INVENTION!

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It is, therefore, an object of the present inventiqn toprovide a cover plate that overcomes the deficiencies qfthe

prior art. It is another object of the present i n v e n t i ~ n toprovide a cover plate that allows for the variable positit)ningof different retaining elements and attachable cleoJents,which allows the c o n ~ - u m e r to choose bow to c o o f i g ~ tbecover plate. It is another object of the present i n v e n t i ~ n toprovide a cover plate that breaks away or otherwise <lisen

gages :from the wall in order to ensu re the safety of vapouspersons and pets. It is a still further object of the p ~ s e n t invention to provide a cover plate that allows foJ theretainment, storage, display or interaction with various jtemsand objects. It is yet another object of the preseat invCfitionto provide a cover plate that is simple i n its manu f i t ~ andeasy in its installation. 1

Accordingly, the present invention is directed to a ~ v e r plate for use in connection with an electrical boa forexample a switchbox, an outlet box, a combined swit andoutlet box, etc. The cover plate of the presenf,inv tionincludes a plate element that attaches to and at least pru-fiallycovers a side of he electrical box, typically the side tlult haselectrical appurtenances extending therefrom, suclt asswitches, outlets, knobs, etc. The plate element i n c l u d e ~ o n e or more electrical box orifices that would permit ace s to

these electrical appurtenances. The cover plate also inc udes

one or more attachable elements that are removably a; able to a portion of the plate element via an attac entstructure. The attachable element is coofigured to in,display and/or interact with an item or object. ·

The attachable element may be a variety of vapousstructures, equipment, devices, etc. For example, the a$1chable element may be a clock, a messaging devicct, anelectronic device, a computing device, a tray, a therrncpstat,

a thermometer, a hook., an enclosure, a container, a hqlder,a bin, a change holder, a mace holder, a bathroom appljanceholder, an electrical cord retainer, a kitchen appliance hqlder,a household item holder, a remote control holder, an ~ l e c -tronic device holder, etc. In addition, the attachable el!tent

may retain an electronic device, a computing devi e, acellular phone, mail, currency, a wallet, money, a y, akeyring, an item, an object, a remote cootrol, a wi!itingutensil, etc. Therefore, the cover plate of he present iq.vention allows a user to contain, display and/or interact ~ i t h avariety of items of the user's choice. !



US 7,067,737 B2

3The present invention, both as to its construction and its

method of opcr&tion, together with the additional o ~ e c t s and advantages thereof, will best be understood from thefollowing description of exemplary embodiments when read

in connection with the accompanying dlawings.

BRIEF DESCRlPTION OF THE DRAWINGS

4devices into the electrical box 200. The knob 208 wmlld be

used to provide thermostat or ac:ljustable control of v$rious

electrical devices.

The cover plate 10 of he present invention is illuslrated

in various embodiments in FIGS. 1-10. In general, the boverplate 10 includes a plate element 12 that is attacbabld to or

at least partially covers a side 210 of he electrical b o ~ 200.In addition, the plate element 12 includes at least o l and

FIG. 1 is a schematic view of the preferred embodiment typically multiple, electrical box orifices 14 that rmitof a cover plate according to the present invention; 10 access to the electrical appurtenances 202 of the e ·cal

FIG. 2 is a perspective view of a further embodiment of box 200. Therefore, the electrical box orifices 14 ar con-a cover plate according to the present invention and an figured to allow a switch 204 or knob 208 to passelectrical box according to the prior an; through, or to otherwise allow access to an outlet 20 . The

FIG. 3 is a side sectional view of an attachable element cover plate 10 also includes at least one attachable el nt

attached to a plate element according to the present inven·15

16 that is removably attachable and engageable ith ation; portion of the plate element 12 via an attachments ture

FIG. 4 is a perspective view of a further embodiment of 18. Further, the attachable element 16 is sized and sbaJ:jed soa cover plate according to the present invention as attached that it may retain, display and/or interact with an i t ~ or

to an electrical box;20

object, as discussed in detail hereinafter. f.FIG. S is a perspective view of an attachable element In order to attach the cover plate 10 to the electric box

according to the present invention for retainingan electronic 200, the cover plate 10 also includes a securing mech ism

device; 20 for removably attaching the plate element 12 at leastFIG. 6 is a fiont view of a cover plate according to the partially over the open side 210 of he electrical box 2p0. In

present invention as attached to an electrical box and retain· 2S particular, and according to the prior art, the e l e c t r i ~ boxing and displaying various items; :ZOO includes multiple orifices 212, and these orificej; 212

FIG. 7 is a front view of a further embodiment of a cover threadedly engage with the securing mechanism 20 <l>f thepresent invention. Therefore, in one preferred and:,· non·

plate according to the present invention;limiting embodiment, the securing mechanism 20 is qne or

FIG. 8 is a front view of a still further embodiment of a30

more screws 22 to allow a user to insert the screw 12 thj-oughcover plate according to the present invention; the plate element 12 and further through the orifices ~ 1 2 of

FIG. 9 is a side and partial sectional view of an attachable the electrical box 200, and subsequently securely att afh theclement for attachment to a plate element according to the cover plate 10 over the electrical box 200.

1

present invention; and In one preferred embodiment, the attachment s t r u ~ r e 18fiG. 10 is a side and partial sectional view of an attach- 35 includes a first attaching structure 24 and a second a hing

able element attached to a plate element according to the structure 26. The first attaching structure 24 is in opera ·anal

present invention. communication with the attachable element 16, a the

DESCRlPTION OF THE PREFERRED

EMBODIMENTS

second attachment structure 26 is in operational cocation with the plate element 12. In a further prefi

40 non-limiting embodiment, and as illustrated in FIG. , thefirst attaching structure 24 is one or more projectin ele-

For purposes of the description hereinafter, the terms rnents 28 that extend from a surface 3 0 of the att hable"upper", "lower", "right", "left", "vertical", "horizontal", element 16. In addition, the second attaching struc 26 is"top", "bottom", "lateral", "longitudinal" and derivatives one or more orifices 32 that extend through the plate el entthereof shall relate to the invention as it is oriented in the 45 12 and arc configured to engage with and at least ially

dlawing figures. However, it is to be understood that the accept the projecting element 28. In yet another p ~ e r r e d invention may assume various alternative variations and step embodiment, multiple projecting elements 28 exten fromsequences, except where expressly specified to the contrary. the surface 30 of the attachable element 16, and m tipleIt is also to be understood that the specific devices and orifices 32 are configured to engage and at least ially

processes illustrated in the attached dlawings, and described so accept a respective projecting element 28. i

in the following specification, are simply exemplary In order to provide the maximum flexibility to con-embodiments of the invention. Hence, specific dimensions sumcr regarding the attachment and positioning t heand other physical characteristics related to the embodi- attachable element 16 on the plate element 12, multip andrnents disclosed herein are not to be considered as limiting. spaced orifices 32 extend through the plate element 2 for

The present invention is directed to a cover plate 10 for 5$ engaging with and accepting a projecting element 2fl in ause in connection with an electrical box 200. The electrical removable manner. See FIG. 2. Accordingly, a us4r can

box 200 is an electrical junction location that provides simply disengage the attachable element 16 from o n ~ s c t ofvarious electrical services to the consumer. For example, the orifices 32, and re-engage either a different attachab e ele-electrical box 200 may be a switchbox, an outlet box, an ment 16 in the same orifices 32, or alternatively the sameelectrical utility box, a combined switch and outlet box, etc. 60 attachable element 16 to a different set of orifices 3 . ThisAs is known in the art, the electrical box 200 would include allows the user to choose the various functions they ish to

various clcctrieal appurtenances 202 that are associated achieve with the various attachable elements 16 offered.therewith. For example, the electrical appurtenance 202 may Therefore, since the attachable element 16 is r e m o v a ~ e andbe a switch 204, an outlet 206, a knob 208, etc. Again, as is re-attachable to the plate element 12 via the attf<:hentknown in the art, the switch 204 would be used to tum the 6S structure 18, the same attachable element 16 c a n ~ posi-electricity on and off, for example, turning the lights on and tioned on multiple areas of he plate element 12 a c c o ~ g tooff. The outlet 206 would be used to plug various electrical the user's needs:. ·



US 7,067,737 B2

5As seen in FIG. 3, the attachable element 16 may be a

hook 34 extending from a hoo k base portion 36. The hook

34 would allow a user to hang an item on the hook 34, such

as keys and the like. In addition, the hook 34 may be

positioned on various portionsof

he plate element 12 usingthe various orifices 32 available.

In one ar.'Jll!Ct of the present invention, the attachable

element 16,_Jhe attachment structure 18 and/or the plateelement 12 lllclude a breakaway portion 38. In particular,

this breakaway portion 38 allows the attachable element 16 10

to break away from the plate el ement 12 upon the occurrenceof a predetermined break force. Further, the breakaway

portion 38 may be a notch, a weakened area or a releasable

adhesive material 40. Of course, any combination of breakaway portions 38 may be used to achieve the appropriate 15

breakpoint at the predetermined break force. For example,

the notch, weakened area or releasable adhesive material 40

may be configured to allow the attachable element 16, such

as the hook 34, to break: away from the plate element 12

when a five-pound force is applied. Any predetermined 20

break force may be used.

In a further preferred and non-limiting embodiment, the

attachable element 16 includes a frame portion 42 and a doorportion 44, which is movably attached or attachable to the

frame portion 42. In this manner, the door portion 44 is 2S

removable away from and towards the frame portion 42,

thereby providing access to an attachable element inner

retaining area 46. As seen in FIGS. 5 and 6, the frame

portion 42 may be sized and shaped so as to removablyretain an electronic device 300 therein. For example, the 30

electronic device 300 may be a cellular phone or a PDA,

which can be inserted into the inner retaining area 46 of theframe portion 42. In order to easi ly remove and/or insert the

electronic device 300 into the frame portion 42, the doorportion 44 is moved t o w a r d ~ and away from the frame 35

portion 42 in the direction of arrow A. This provides the use r

easy aceess to the electronic device 300.

In another embodiment, the frame portion 42 includes a

gripping structure 48 for engaging and securely holding the

electronic device 300 within the frame portion 42, and 40

specifically within the inner retaining area 46 of the frame

portion 42. In one embodiment, the gripping structure 48 is

one or more padding elements 50 that are positioned on an

inner surface 52 of the frame portion 42. Accordingly,

electronic device 300 is frictionally engaged with the frame 4S

portion 42 by inserting and contacting the electronic device300 with one or more of the padding elements 50. Thepadding elements SO may be flexible and have certain shape

memory retention characteristics, such that the padding

elements 50 are deformed when the electronic device 300 is so

inserted in the frame portion 42, and return to the original

state after the electronic device 300 is removed from the

frame portion 42.As is known in the prior art, the vast majority of electronic

devices 300 include electrical cords 302 that are used to 55

either operate or recharge the battery assodated with elec

tronic device 300. Therefore, and as best seen in FIG. S, theframe portion 42 may include one or more plug orifices 54

that provide passage of a portion of the electrical cord 302

6

frame portion 42 without first connecting the electrical,cord

302 to the electronic device 300. In essence, the ffame

portion 42 would act as a docking station and alloW the

electronic device 300 to be charged whenever it is p o s i t i ~ > n e d in the frame portion 42. While discussed in connectioniwitha cellular phone or a PDA, the electronic device 300 m4Y bea variety of devices. For example, the electronic d e v i ~ 300

may be a palmtop, a computing device, an electric r a ~ , ahairdryer, a toothbrush, a curling iron, etc. I

In a still further preferred and non-limiting embodirPem,

the cover plate 10 may include an ancillary element 56,

which is remnvably attachable to the plate element 12 ;lor

the attachable element 16. As shown in one embodim t inFIG. 4, the attachable element 16 may include a e

portion 42 that includes a slot 58 extending across a foe

of the frame element 42. In this embodiment, the anci aryelement 56 is a hook 34 having a hook base portion 3 , as

discussed above in connection with the attachable el+ent

16. However, the hook 34 of this embodimen. i nc lu i amodified projecting element 60 extending from the ookbase portion 36. This modified projecting element 0 is

receivable within and along the slot 58, such thatt h ~ e e r

may simply engage the modified projecting element 60 'th

the slot 58 and slide (in direction of an'OW B) the hoo 34

to an appropriate location along the slot 58 and attac able

element 16. Further, multiple hooks 34 may be used an slid

along the slot 58 to provide greater customizability ithrespect to the ancillary element 56 and the attac ble

element 16. Still further, as opposed to a hook 34,! any

number of various attachable elements 16 (and ancipary

elements 56) may include the modified projecting eleJ\nent

60 extending therefrom. In this manner, as opposed to usingthe orifices 32 to customize the cover plate 10, the user maysimply use the slot 58 structure discussed above with v 'ous

ancillary elements 56, such as a hook, a tray, a conta'

bin, etc.

In the further embodiment. the ancillary clement 56 is a

clock 62. As with the previously-discussed hook 34 ( hen

used as an ancillary element 56), the clock 62 inc!

appropriate attaching structure to removably attach the lock62 to a portion of he attachable element 16. In operatio the

user may simply press and engage the clock 62 against a face

of he attachable element 16 in the direction ofarrow c; and

similarly the user may also remove the clock 62 ftonj theattachable element 16. In this embodiment, the anci1Jary

element 56 is a clock 62 with a thermometer reading, a n ~ the

attachable element 16 is an electronic device holder 6*.

As seen in FIG. 6 in use, various items may be r e ~ by, attached to or otherwise displayed by the attacliable.

element 16, as connected to the plate element 12. F ~ , in · f

the embodiment of FlG. 6, the plate element 12 is atta bedto the electrical box 200, with the various appurtenanc 202

extending therethrough, including a switch 204 and mul iple

outlets 206.FIG. 7 illustrates a cover plate 10 withmultipleattac ble

of the electronic device 300. In this manner, the electronic

device 300 may be docked or otherwise placed in and

subsequently charged when positioned in the frame portion

42 and connected to the electrical cord 302 (which is

connected to an outlet 206 accessible through the plate

element 12). It is also envisioned that the frame portion 42 65

may have some other positioning structure that allows the

user to simply engage the electronic device 300 with the

elements 16 attached thereto prior to installation an

electrical box 200. In this embodiment, ooe ofthe attac bleelements 16 is a messaging device 66. In particular the

messaging device 66 allows a user to record and p l ~ a a c k 61) messages which provides even greater functionality o the

cover plate 10. When used in connection with an attac ble

element 16 that is an electronic device holder 64, such as acellular phone holder, the messaging device 66 is ·cu-

larly useful to quickly record and play back messages !as a

user is utilizing the cellular phone. As with the qther

attachable element 16, the messaging device 66 mat be

removable from the plate element 12 and placed on vaztious



US 7,067,737 B2

7cover plates 10 throughout the household that are located at

or ncar a position that the user would like to record or play

back messages.

8the preceding detailed description. It is intended the

invention be construed as including all such m o d i f i c ~ i o n s and alterations. '

The invention claimed is:s seen in FIG. 8, the plate element 12 includes appro

priate orifiCes 32 for attaching multiple attachable elements16, as well as electrical box orifices 14 for placemem over

the various electrical appurtenances 202, but providing

access thereto. Of course, the plate element 12 may be

manufactured to include a variety of separately positioned10

orifices 32, and matching electrical box orifices 14 forattachment to a specifically designed electrical box 200, as

5 1. A cover plate for use in connection with an eleclricalbox, the <..'Over plate comprising; !

is known in the art. The attachment structure 18 of he cover

plate 10, as discussed above, may take various shapes andsizes. For example, see FIGS. 9 and 10. Specifically, FIG. 9 15

illustrates a frame por tion 42 in the form of a tray, and FIG.

10 illustrates a frame portion 42 together with a door portion

44 that is openable and closeable.

In order to provide maximum flexibility, the ancillary

element 56 and the attachable element 16 may take a variety 20

of shapes, sizes, forms and functions. For example, the

ancillary element 56 and/or the attachable element 16 may

a plate element configured to attach to and at 'least

partially cover a side of he electrical box, where' the

plate element includes at least one electrical box o 'fice

configured to permit access to at least one elec rical

appwtenance associated with the electrical box; dat least one attachable clement removably anachabl to a

portion of the plate element via an attachment s ture

comprising a first attaching structure in opera onal

communication with the attachable element and sec

ond attaching structure in operational communi ' tion

with the plate element,

wherein the at least one attachable element is confi

to at least one of retain, display and interact wi

item.

2. The cover plate of claim 1, wherein the electrica box

is at least one of a switch box, an outlet box, an el rica!be a clock 62, a messaging device 66, an electronic device

300, a computing device, a t r o : ~ y , a thermostat, a thermometer,

a hook 34, an enclosure, a container, a holder, a bin, a change

holder, a mace holder, a bathroom appliance holder, anelectrical cord retainer, a ki tchen appliance holder, a house

hold item holder, a remote control holder, an electronic

device holder, etc. Accordingly, either the attachable ele·

ment 16 and/or the ancillary element 56 may be !lpecifically

configured to retain an electronic device 300, a computingdevice, a cellular phone, mail, currency, money, a wallet, akey, a keyring, an item, an object, a remote control, a writing

utensil, etc.

utility box and a combined switch and outlet box. ,

3. The cover plate of claim 1, further comprisihg a25

securing mechanism for securing the plate element at lleast

partially over an open side of the electrical box. !

4. The cover plate of claim 3, wherein the s ~ r i n g mechanism is at least one screw configured to tbreaqedly

30engage a corresponding orifice of the electrical box. I

5. The cover plate of claim 1, wherein the first a bing

structure is at least one proje<-1ing element extending f: m asurface of the attachable element and the second atta bing

structure is at least one orifice extending through the late

Turning to the manufacture of the present invention, the

cover plate 10, the plate element 12, the attachable element

35element and configured to engagingly and at least p ially

accept the projecting element.

16 and/or the attachment structure 18 may be manufactured

from a variety ofmaterials. For example, these items may be

manufactured from a plastic, a synthetic material, a polymer, 40a metallic material, wood, etc. In one preferred and non

limiting embodiment, the attachable element 16, together

with the attachment structure 18, are manufactured in amolded proce ss using a polymeric materiaL Accordingly, the

attachment element 16 and the attachment structure 18,45

specifically the first attaching structure 24, a re manufactured

as an integral unit. Still further, as discussed above, various

portions of he attachable element 16 and/or the first attach·

ing structure 24 include appropriate breakaway portions 38,

which provides important safety precaution functions. How-50

ever, any material of construction of he various componentsand subcomponents of the cover plate 10 are envisioned.

In this manner, the present invention provides a cover

plate 10 that is modified for use in <connection with an

electrical box 200. The cover plate 10 includes a removable 55

attachable element 16, and typically multiple attachable

elements 16, that provide a variety of functions for retaining,displaying or otherwise interacting with an item or object. In

addition, the multiple sets of orifices 32 allow a user tocustomize the look and function of the cover plate 10 60according to their own n e e d ~ . Further, when used in con

nection with the breakaway portions 38, the cover plate 10

includes the necessary safety precautions to prevent injuryof children, pets, etc.

This invention has been described with reference to the 65

preferred embodiments. Obvious modifications and alter·

ations will occur to others upon reading and understanding

6. The cover plate of claim 1, wherein the first ana bing

structure is a plurality of projecting elements extending rom

a surface of the attachable element and the second alta bing

structure is a plurality of spaced orifices extending ughthe plate element and configured to engagingly and at least

partially accept a respective projecting element. i

7. The cover plate of claim 1, wherein the second a ~ h -ing structure is a plurality of spaced orifices exter\ding

through the plate element and configured to e n g a g i n g ~ ) ' and

at least partially accept a projecting element in a r e m o ~ a b l e manner. :

8. The cover plate of claim 1, wherein the attac '

element is removable and attachable to the portion o

plate element via the attachment structure, such tha

attachable element may be positioned on a plurality of

on the plate element.

s

9. The cover plate of claim 1, wherein the attac able

element is a hook extending from a hook base portio and

configured to permit a user to ha ng the item on the h k.

10. The cover plate of claim 9, wherein at least a 'on

of the book is notched, such that the hook breaks away romthe hook base portion upon the occurrence predet 'ned

break force.

11. The cover plate of claim 1, wherein the ana ble

element includes a frame portion configured to remo ably

retain an electronic device therein.12. The cover plate of claim 11, wherein the frame po ·on

includes a gripping structure configured to engage' andsecurely hold the electronic device. •

13. The cover plate ofclaim 11, further c o m p r i s i n ~ a J l o o r portion movably attached to the frame po.ttion, such LIU!t the



I

I

US 7,067,737 B2 j9 10

door portion is movable away from and towards the frame wherein the at least one attachable element is confi uredportion, thereby providing access to the electronic device. to at least one of retain, display and interact with an

14. The cover plate of claim 11, wherein the frame portion item,

includes at least one plug orifice extending through a surface wherein the attachable element includes a frame pdrtionof the frame portion, the plug orifice configured to provide s and a door portion that is movably attached to the frame

passage of at least a portion of the electrical cord of the portion, such that the door portion is movable •way

electronic device. from and towards the frame portion, thereby provjding

.15. The cover plate of claim 11, wherein the electronic access to an attachable element inner retainingr·evice is at least one of a cellular phone, a personal digital 24. A cover plate for use in coiUlection with an elec ·cal

assistant, a palmtop, a computing device, an electric razor, a 10 box, the cover plate comprising:

hair dryer, a toothbrush and a curling iron. a plate elemem configured to attach to and at least16. The cover plate of claim 1, wherein the attachable partially cover a side of the electrical box, whereih the

element is at least one of a clock, a messaging device, an plate element includes at least one electrical box o#ficeelectronic device, a computing device, a tray, a thermostat, configured to permit access to at least one e l ~ c a l a thermometer, a hook, an enclosure, a container, a holder, IS appurtenance associated with the electrical box; ;l.nda bin, a change holder, a mace holder,pbathroom appliance at least one attachable element removably a t t a c b a b l ~ t o aholder, an electrical cord retainer, a kitchen appliance holder, portion of he plate element via an attachment stru ture,

a household item holder, a remote control holder and an wherein the at least one attachable element is confi

electronic device holder. to at least one of retain, display and interact wi an

17. The cover plate of claim 1, wherein the attachable 20 item, *lement is configured to retain at least one of an electronic wherein the attachable element includes a frame po ion

device, a computing device, a cellular phone, mail, currency, configured to removably retain an electronic vice

money, a wallet, a key, a keyring, an item, an object, a therein,1

remote control and writing utensil. wherein the frame portion includes a gripping stru¢ture18. The cover plate of claim 1, wherein the cover plate, 2S c o ~ g u r e d to engage and securely hold the elec!fnic

the plate element, the attachable element, the attachment device, ,

structure or any combination thereo f is manufactured from wherein the gripping structure is at least one p a ~ d i n g at least one of a plastic material, a synthetic material, a element positioned on an inner surface of the tfame

polymeric material and a metallic materiaL portion, wherein the electronic device is f r i c t i o ~ l l y 19. The cover plate of claim 1, wherein the attachable 30 engaged within the frame portion via contact w i t ~ the

element and the attachment structure are formed as an at least one padding element. •

i n t : . S ~ n i ~ o v e r plate of claim l, wherein the electrical 25. A cover plate for use in coiUlection with an electcalbox, the cover plate comprising: '

appurtenance is at least one of an electrical outlet, a switch, a plate element configured to attach to a n d ~ e a s t

a knob and an actuator. 35 partially cover a side of the electrical box, where' the21. A cover plate for use in I."'Onnection with an electrical plate element includes at least one electrical box 0 ·fice

box, the cover plate comprising: configured to permit access to at least one el ·cala plate element configured to attach to and at least appurtenance associated with the electrical box;

partially cover a side of he electrical box, wherein the at least one attachable element removably a t t a c h a b l ~ a plate elemem includes at least one electrical box orifice 40 portionof he plate element via an attachment stru ;configured to permit access to at least one electrical and Jappurtenance associated with the electrical box; and at least one ancillary-element configured to be remo ably

at least one attachable element removably attachable to a attachable to at least one of he plate element a n d . ~ : . : at

portion of he plate element via an attachment structure, least one attachable element, rwherein the at least one attachable elemem is configured 4S wherein the at least one attachable element is confi t= '

to at least one of retain, display and interact with anitem, to at least one of retain, display an d interact wi an

wherein the attachable element, the attachment structure, item. ·the plate element or any combination thereof include a 26. The cover plate of claim 25, wherein the a

breakaway portion, such that the attachable element so element includes a frame portion anda slot extending at

breaks away from the plate element upon the occur- partially across a surface of he frame element, and w inrenee of a predetermined break force. the ancillary elemem is at least one hook having a proj ting

22. The cover plate of claim 21, wherein the breakaway element extending therefrom, which is configured to age

portion is at least one of a notch, a weakened area and a and slide along the slot.releasable adhesive material. ss 27. The cover plate of claim 25, wherein the an · 1ary

23. A cover plate for use in connection with an electrical element is at least one of a clock, a messaging devi , anbox, the cover plate comprising: electronic device, a computing device, a tray, a th stat,

a plate element configured to attach to and at least a thermometer, a hook, an enclosure, a container, a lder,partially cover a side of the electrical box, wherein the a bin, a change holder, a mace holder, a bathroom app · ce

plate element includes at least one electrical box orifice 60 holder, an electrical cord retainer, a kitchen appliance der,configured to permit access to at least one electrical a household item holder, a remote control holder an

appurtenance associated with the electrical box; and electronic device bolder.

at least one attachable element removably attachable to a

portion of he plate element via an attachment structure, • • * * *



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EXHIBITB:

Photographs of Defendant Evriholder's PLATE HOOK'R products

Complaint - 9



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PLATE HOOK'R Models PHR-1 (left) and PHR-2 (right)

PLATE HOOK'R Models PHR-1 (left) and PHR-2 (right)

Complaint - 10

Mallen v. Evriholder Products

Documents

Transcript of Mallen v. Evriholder Products