Gravitron v. Braveman - Complaint

Case 1:19-cv-00712-RP Document 1 Filed 07/17/19 Page 1 of 9
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
GRAVITRON, LLC, §
§
Plaintiff, §
§ Civil Action No. 1:19-cv-00712
V. §
§
JONATHAN S. BRAVEMAN; §
VOLO TRADE, INC., § JURY TRIAL DEMANDED
§
§
Defendants. §
PLAINTIFF GRAVITRON, LLC’S COMPLAINT FOR DECLARATORY JUDGMENT

OF NON-INFRINGEMENT AND INVALIDITY
Plaintiff Gravitron, LLC (“GRAV”), by and through its attorneys, files this Complaint
against Jonathan Braveman (“Braveman”), Volo Trade, Inc., (“VOLO”) (collectively,
“Defendants”), and hereby alleges as follows:
NATURE OF THE ACTION
1. This is a civil action for declaratory judgment of invalidity and non-infringement
of U.S. Design Patent No. D657,091 (“the ‘091 Patent”), and that this is an exceptional case under
35 USC § 285.
2. A true and correct copy of the ’091 Patent is attached hereto as Exhibit 1.
PARTIES
3. Gravitron, LLC is a Texas limited liability company, with its principal place of
business located in Austin, Texas.
4. Jonathan S. Braveman is a residing in and domiciled in Scottsdale, Arizona.

5. Volo Trade, Inc. is a Florida corporation, with its principal place of business located
at 382 NE 191st Street, #14752, Miami, Florida 33179.
6. On information and belief, VOLO has conducted, and is doing business under the
brand name RYOT. On further information and belief, RYOT is the alter ego of VOLO and VOLO
has disregarded all corporate formalities such that VOLO and RYOT are one in the same.
JURISDICTION AND VENUE
7. GRAV brings this action under Title 35 of the United States Code, and under 28
U.S.C. §§ 2201 and 2202, to obtain a declaration of non-infringement and invalidity of the ’091
Patent, and that this is an exceptional case. This Court has jurisdiction over GRAV’s declaratory
judgment claims pursuant to 28 U.S.C. §§ 2201 et seq. based on Defendants repeated threats to
sue GRAV for patent infringement, thereby giving rise to an actual case or controversy under 28
U.S.C. §§ 2201 and 2202.
8. This action arises under 35 U.S.C. § 1, et seq. and this Court has subject matter
jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
9. This Court has personal jurisdiction over Braveman at least because he has
continuous and systematic contacts with the state of Texas, including conducting substantial and
regular business in the State of Texas and this judicial district through the marketing and sales of
products, such as the commercial embodiment of the ’091 Patent; by accusing GRAV’s products
of infringing the ’091 Patent; making threats to sue GRAV for over one-hundred thousand dollars
in damages for willfully infringing the ’091 Patent; and by demanding money to resolve the matter
through a series of written and telephonic conversations Braveman directed at GRAV and/or its
attorneys located in Austin, Texas with the intent and result of injuring GRAV within, and causing
harm within this judicial district. A true and correct copy of these communications are attached
COMPLAINT 2
hereto as Exhibit 2 and Exhibit 3.
10. This Court has personal jurisdiction over VOLO at least because he has continuous
and systematic contacts with the state of Texas, including conducting substantial and regular
business in the State of Texas and this judicial district through the marketing and sales of products,
such as the commercial embodiment of the ’091 Patent; by accusing GRAV’s products of
infringing the ’091 Patent; making threats to sue GRAV for over one-hundred thousand dollars in
damages for willfully infringing the ’091 Patent; and by demanding money to resolve the matter
through a series of written and telephonic conversations VOLO directed at GRAV and/or its
attorneys located in Austin, Texas with the intent and result of injuring GRAV within, and causing
harm within this judicial district. A true and correct copy of these communications are attached
hereto as Exhibit 2 and Exhibit 3.
11. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b), (c), and
1400(b) because, in part, Braveman conducts or has regularly conducted business in this judicial
district, and/or a substantial part of the events or omissions giving rise to this action occurred in
this judicial district, and Braveman has sufficient contacts with this district for personal
jurisdiction.
12. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b), (c), and
1400(b) because, in part, VOLO conducts or has regularly conducted business in this judicial
district, and/or a substantial part of the events or omissions giving rise to this action occurred in
this judicial district, and VOLO has sufficient contacts with this district for personal jurisdiction.
THE ’091 PATENT-IN-SUIT
13. On information and belief, Jonathan Braveman is the owner of the ’091 Patent,
which is entitled “smoking article” and issued on April 3, 2012 from U.S. Patent Application No.
COMPLAINT 3
29/368,583 filed on August 25, 2010. See Exhibit 1.
14. On information and belief, Braveman is the owner of United States Patent No.
8,813,758 (“the ’758 Patent”), which is entitled “smoking or vaporizing implement”, and issued
on August 26, 2014 from United States Patent Application No. 12/951,046 filed on November 21,
2010. A true and correct copy of the ’758 Patent is attached hereto as Exhibit 4.
THE SUBSTANTIAL CONTROVERSY BETWEEN THE PARTIES
15. On or around November 20, 2018, Braveman contacted GRAV concerning
Braveman’s purportedly patented “Digger One Hitter” product. Braveman accused GRAV’s one
hitter products of infringing his patent but wanted to reach a licensing agreement instead of
pursuing litigation.
16. On or around December 12, 2018, GRAV and Braveman, through counsel,
discussed telephonically and through electronic mail Braveman’s claims of infringement and
demands. Braveman demanded GRAV turn over all profits for sales of GRAV’s one hitter products
or provide a term sheet for a license to Braveman’s patents.
17. GRAV informed Braveman it respects intellectual property rights of others and
engages in fair and reasonable licensing agreements when warranted. GRAV requested Braveman
to identify the accused products as well as the specific patent and claims alleged to be infringed
by GRAV before it could evaluate Braveman’s claims, demands for money and a license.
18. On or around December 14, 2018, Braveman transmitted an electronic mail to
GRAV attaching United States Patent No. D657,091S, entitled “Smoking Article”, and accusing
GRAV’s “Grav 3.75” Dugout” and “Grav Dugout Taster” of infringing the claim in the ’091
Patent. Braveman further stated it “may” consider licensing the patented design for a reasonable
royalty with the demand that “The Digger” trademark be placed on all related advertising for the
COMPLAINT 4
GRAV accused products.
19. On or around January 8, 2019, GRAV responded to Braveman’s assertion of
infringement. GRAV informed Braveman the ’091 Patent did not claim a design for a smoking
article but functional features for gripping and holding material within the one-hitter.
20. Without admitting liability for infringement, validity or enforceability of the ’091
Patent, and to avoid an unnecessary and protracted lawsuit, GRAV offered to take a license to all
of Braveman’s patents concerning a “one-hitter”.
21. GRAV never received a response to this communication.
22. On June 3, 2019, Braveman and VOLO served GRAV’s attorney, located in Austin,
Texas, by Federal Express, with a notice of infringement of the ’091 Patent and attached but unfiled
complaint against GRAV for willful patent infringement. See Exhibit 2. Defendants unequivocally
stated that unless GRAV responds within fourteen (14) days of receiving the letter, litigation would
ensue.
23. GRAV contacted Defendants on or around June 7, 2019 seeking clarification on
Defendants’ threat to sue for infringement of the ’091 Patent. Defendants rejected GRAV’s
contention the design was purely functional and GRAV’s license offer to settle the dispute.
24. GRAV reached out on June 27, 2019 via electronic mail seeking clarification on
Defendants threat to sue for infringement of the ’091 Patent and expressing a good faith effort to
settle the dispute. See Exhibit 3.
25. VOLO responded via electronic mail on even date accusing GRAV of knowingly
infringing the ’091 Patent. VOLO further dismissed GRAV’s contention the ’091 Patent is invalid,
and the license terms offered to Braveman to settle the dispute. Id.
26. Defendants insisted GRAV was liable for six figures in past damages, stating
COMPLAINT 5
“we’re talking some $ to resolve…”. Id. VOLO gave GRAV an unequivocal ultimatum: pay
money or challenge the validity of the patent through litigation. Id.
27. GRAV has not infringed and does not infringe, either directly or indirectly, any
valid and enforceable claim of the ’091 Patent, under any theory of infringement.
28. In light of the accusations and demands, including but not limited to the demand to
pay significant sums of money to license an unenforceable patent covering an inexpensive novelty
smoking accessory, Defendants have placed a cloud over GRAV’s business and has created a
concrete and immediate justiciable controversy between GRAV and Defendants.
29. There exists an actual controversy between GRAV, on one hand, and Defendants
on the other hand, for claims under the Patent Laws of the United States of America, 35 U.S.C. §
1 et seq. GRAV seeks relief pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and
2202.
FIRST CLAIM FOR RELIEF – DECLARATORY JUDGMENT OF NON-

INFRINGEMENT OF THE ’091 PATENT
30. GRAV realleges and incorporates herein by reference the allegations in paragraphs
1-29.
31. Defendants wrongfully allege GRAV’s “Grav 3.75” Dugout” and “Grav Dugout
Taster” infringes the ’091 Patent, and thereby causing GRAV irreparable injury and damage.
32. GRAV does not infringe, directly or indirectly, any valid and enforceable claim of
the ’091 patent under any theory of infringement because in one non-limiting example, the GRAV
Accused Product does not depict the same ornamental design of the triangular shaped teeth at the
distal end of the one-hitter smoking article as that depicted in the ’091 Patent. In another non-
limiting example, the claimed design is purely functional and necessary to carry out the claimed
COMPLAINT 6
function of cutting and gripping material to be consumed by the smoking article as disclosed in
the ’758 Patent.
33. As a result of the acts described in the foregoing paragraphs, an actual, substantial
and justiciable controversy of sufficient immediacy and reality exists regarding the non-
infringement of the ’091 Patent to warrant the issuance of a declaratory judgment.
34. Absent a declaration of non-infringement, Defendants will continue to wrongfully
accuse GRAV of infringing the invalid ’091 Patent, and thereby cause GRAV irreparable injury
and damage. A declaration of non-infringement is thus necessary for GRAV to ascertain its rights
regarding the ’091 Patent.
35. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., GRAV
request a declaration by the Court that GRAV does not infringe any valid and enforceable claim
of the ’091 Patent under any theory of liability.
36. This is an exceptional case entitling GRAV to an award of its attorneys’ fees, costs
and expenses incurred in connection with this action pursuant to 35 U.S.C. § 285.
SECOND CLAIM FOR RELIEF – DECLARATORY JUDGMENT

OF INVALIDITY OF THE ’091 PATENT
37. GRAV realleges and incorporates herein by reference the allegations in paragraphs
1-36.
38. Defendants wrongfully allege GRAV’s “Grav 3.75” Dugout” and “Grav Dugout
Taster” infringes the ’091 Patent.
39. As a result of the acts described in the foregoing paragraphs, an actual, substantial
and justiciable controversy of sufficient immediacy and reality exists regarding the validity of the
’091 Patent to warrant the issuance of a declaratory judgment.
40. The claim of the ’091 Patent is void and invalid for failure to comply with the
COMPLAINT 7
requirements of Title 35, United States Code, including but not limited to Sections 101, 102, 103
and/or 112 and the rules, regulations and laws pertaining thereto. In one non-limiting example, the
claimed design is purely functional and required to carry out the function of cutting and gripping
material to be consumed by the smoking article as disclosed in the ’758 Patent.
41. Absent a declaration of invalidity, Defendants will continue to wrongfully accuse
GRAV of infringing the invalid and unenforceable ’091 Patent, and thereby cause GRAV
irreparable injury and damage. A declaration of non-infringement is thus necessary for GRAV to
ascertain its rights regarding the ’091 Patent.
42. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 et seq. GRAV
requests a declaration by the Court that the claims of the ’091 patent is invalid and unenforceable.
43. This is an exceptional case entitling GRAV to an award of its attorneys’ fees, costs
and expenses incurred in connection with this action pursuant to 35 U.S.C. § 285.
PRAYER FOR RELIEF
44. Wherefore, GRAV prays this Court enter judgment against Defendants as follows:
a. That Judgement be entered in favor of GRAV and against Defendants,
jointly and severally, on each and every count of the Complaint;
b. That Judgment be entered declaring that the accused products and services
do not infringe and will not infringe any claim of the ’091 Patent under any theory of
liability;
c. That Judgment be entered declaring the ’091 Patent invalid and/or not
directed at patent eligible subject matter;
d. That Judgement be entered permanently enjoining and restraining
Defendants, its officers, agents, servants, employees, and attorneys, and all others acting
COMPLAINT 8
for, or on behalf of, or in active concert with any of them, from stating, implying, or
suggesting that Plaintiff’s and/or their products or services infringe the ’091 Patent;
e. That Judgment be entered declaring this case is exceptional in favor of
GRAV under 35 U.S.C. § 285, as well the precedent of Octane Fitness, LLC v. ICON
Health & Fitness, Inc., 134 S. Ct. 1749 (2014) and Highmark Inc. v. Allcare Health Mgmt.
Sys., 134 S. Ct. 1744 (2014), and accordingly award GRAV reasonable attorneys’ fees and
expenses incurred pursuing this claim;
f. That GRAV be awarded its costs in this action;
g. That GRAV be awarded such other and further relief as the Court may deem
just and proper;
JURY DEMAND
Pursuant to Federal Rule 38(b), GRAV hereby demands a trial by jury for all issues so
triable.
DATED: July 17, 2019 Respectfully,
/s/ Mateo Z. Fowler

Mateo Z. Fowler
Texas Bar No. 24062726
MZF Law, PLLC
1105 Nueces Street, Ste. A
Tel: 281-546-5172
Email: mateofowler@mzflaw.com
COUNSEL FOR PLAINTIFF

GRAVITRON, LLC
COMPLAINT 9
Case 1:19-cv-00712-RP Document 1-1 Filed 07/17/19 Page 1 of 3
EXHIBIT 1
USOOD657091S
(12) United States Design Patent (10) Patent No.: US D657,091 S

Braveman (45) Date of Patent: Apr. 3, 2012
(54) SMOKING ARTICLE 4,340,072 A * 7/1982 Bolt et al. ..................... 131,273
4,553,556 A * 1 1/1985 Lephardt ........ ... 131,336
4,620,557 A * 1 1/1986 Cantrell et al. ............... 131/336
(76) Inventor: gathan S. Braveman, Scottsdale, AZ 4,989,619 A * 2/1991 Clearman et al. .. ... 131,194
(US) D318,029 S * 7/1991 Weder ................ ... D11 (164
5,042,510 A * 8/1991 Curtiss et al. ... 131,273
(**) Term: 14 Years 5,044,381 A * 9/1991 Thomas ...... ... 131.361
5,069,231 A * 12/1991 Rutherford ... ... 131,335
(21) Appl. No. 29/368,583 5,076,297 A * 12/1991 Farrier et al. .. ... 131,369
5,105,837 A * 4/1992 Barnes et al. .. ... 131,365
1-1. 5,443,560 A * 8/1995 Deevi et al. ... ... 131,359
(22) Filed: Aug. 25, 2010 D402,197 S * 12/1998 Poulin ............................ D9,712
(51) LOC (9) Cl. .................................................. 27-01 6,601,586 B2 8/2003 Herrick
D613.902 S 4/2010 Kaliura ........................ D27,101
(52) U.S. Cl. ...................................................... D27/101
(58) Field of Classification Search ................. D27/163, OTHER PUBLICATIONS
'131/191,
' 351,
' 194,331,
' ' 349,' 256,347,
' 'T' 365,
Onene. Hitter Dugout Cigarette Pipe. Internet website. http:/
Hi E. EN Ipe, internet we SNES
31,335,361,364,215.12153,202,205, "SP""" itter-dugout-cigarette-pipe-p-5141.html, Aug.
13 1/206, 163, 180, 181, 162, 173,330, 186, a WW-1
131f187 * cited by examiner
See application file for complete search history.
Primary Examiner — Kevin Rudzinski
(56) References Cited (74) Attorney, Agent, or Firm — Andra Vaccaro
U.S. PATENT DOCUMENTS (57) CLAM
D10,018 S 5, 1877 Demuth The ornamental design for a Smoking article, as shown and
D35,637 S 1/1902 Comstock described.
1916,799 A * 7/1933 Hughes ......................... 131.361
2,047,804 A * 7/1936 Shapiro ......................... 229, 138
D143,786 S 5, 1945 Arnold DESCRIPTION
D167,231 S 4, 1952 Rehfeld
2.911,979 A * 1 1/1959 Bramhill ....................... 131.361 FIG. 1 is a perspective view of a Smoking article showing my
3,040,752 A 6, 1962 Ganz ............................. 131,331 new design;
RE25,355 E * 3/1963 Touton .......................... 131.361
3,232.469 A * 2, 1966 Piazze ........................... 215/251 FIG. 2 is a front view thereof, enlarged for clarity;
3.253,767 A * 5, 1966 Pellaton ........................ 229, 109 FIG. 3 is a rear view thereof, enlarged for clarity; and,
3,396,733 A * 8, 1968 Allseits et al. ................ 131,336 FIG. 4 is a side elevational view thereof.
3,752,166 A * 8/1973 Lyon et al. .................... 131 340 The dash-dot-dash lines in the drawing disclosure indicate the
3,863,647 A 2/1975 Unger bounds of the claimed design and form no part of the claimed
D247,121 S 1/1978 Graham
D253,997 S 1/1980 Kaspar design.
4,227,540 A * 10/1980 Edison .......................... 131,187
4,319,590 A * 3/1982 Patarra .......................... 131,331 1 Claim, 1 Drawing Sheet
U.S. Patent Apr. 3, 2012 US D657,091 S
FG. 4
EXHIBIT 2
EXHIBIT 3
7/16/2019 Grav Mail1-3
Case 1:19-cv-00712-RP Document - TasterFiled
bat with 07/17/19
teeth Page 2 of 3
David Daily <dave@grav.com>
Taster bat with teeth

Mark Staiano <mark@ryot.com> Thu, Jun 27, 2019 at 9:34 PM
To: Dave Daily <dave@grav.com>
I appreciate your email and hear you about the legal, but I feel that was a great position 6 months ago. From our
perspective, you produced this knowingly and then once confronted by JB with a c&d, discounted it as invalid. I then
offered my thoughts in an email. Still you continued to infringe while offering JB .01 as a license. It’s only by pulling the
legal lever that we now I believe have your attention. I’ve seen your dugouts in many many places. I’m not sure how well
they’re selling in those places, but certainly we expect that you’ve sold enough into the market to add up to what our legal
team sees as a 6 figure claim for past infringement to date.

Look, I’m super tied up atm. Wife just had a surprise surgery, so juggling more than expected right now. But happy to
hop on a call the week after next to discuss options. For sure, we’ll want an accounting of sales and from there could
create a settlement based on infringing past sales, and then if we can agree there, establish a go forward license if you’re
interested in that.
But again we’re talking some $ to resolve... if your head isn’t there or if you think a validity challenge is the play, then the
legal option is all there is I’m afraid. That said lmk your thoughts and maybe we can resolve directly?
Best,
On Thu, Jun 27, 2019 at 11:08 AM Dave Daily <dave@grav.com> wrote:

Hi, Mark.
I saw the legal stuff come through on the teeth issue thing.
I'd love the opportunity to talk about these things before we throw a bunch of legal at it.
Is your intention for me to stop making them with teeth?

Do you want to know how many we're selling?
Do you want a royalty?
My hope is that we can resolve this without spending money on legal.
We don't sell a lot of these things and it's not worth fighting.
Looks like things are going great for you guys. Congrats on all the success.
--
DAVID DAILY
Founder & CEO
dave@grav.com

GRAV.COM
--
Mark Staiano | Founder and CEO
P: Toll Free 866-420-0420 ext 420

C: 706-254-2686
E: mark@ryot.com
https://mail.google.com/mail/u/1?ik=82fe71dd06&view=pt&search=all&permmsgid=msg-f%3A1637549892661706576&dsqt=1&simpl=msg-f%3A1637549892661… 1/2
7/16/2019 Grav Mail1-3
Case 1:19-cv-00712-RP Document - TasterFiled
bat with 07/17/19
teeth Page 3 of 3
CONFIDENTIALITY NOTICE
The information contained in this e-mail message is legally privileged and confidential, and is intended only for the use of the
addressee. If you are not the intended recipient, please be aware that any dissemination, distribution or copy of this e-mail is
prohibited. If you have received this e-mail in error, please immediately notify us by reply e-mail and delete this message and any
attachments. Thank you.
embail header.jpg
575K
https://mail.google.com/mail/u/1?ik=82fe71dd06&view=pt&search=all&permmsgid=msg-f%3A1637549892661706576&dsqt=1&simpl=msg-f%3A1637549892661… 2/2
EXHIBIT 4
US008813758B2
(12) United States Patent (10) Patent No.: US 8,813,758 B2

Braveman (45) Date of Patent: Aug. 26, 2014
(54) SMOKING ORVAPORIZING IMPLEMENT (56) References Cited
(76) Inventor: Jonathan S Braveman, Scottsdale, CA U.S. PATENT DOCUMENTS
(US) 2,708,593 A * 5, 1955 Benoist ........................ 294, 50.7
6,601,586 B2 * 8/2003 Herrick ......................... 131, 191
( c ) Notice: Subject tO any disclaimer, the term of this 2005/0028369 A1* 2/2005 Cocchiarella et al. ......... 30, 29.5
patent is extended or adjusted under 35 * cited by examiner
U.S.C. 154(b) by 800 days. Primary Examiner — Michael J Felton
21) Appl. No.: 12/951,046 (74) Attorney, Agent, or Firm — Andra M. Vaccaro, Esq.
(21) Appl. No.: 9 (57) ABSTRACT
1-1. The present invention is a combined Smoking/vaporizing,
(22) Filed: Nov. 21, 2010 grinding and storage implement used for inhaling burning or
vaporized herb, tobacco or other plant material. The imple
(65) Prior Publication Data ment has an end around which Serrated saw like teeth are
US 2012/O125350 A1 MaV 24, 2012 located. The serrated teeth are bent slightly inward. When the
y 24, implement is placed in a container of herb, tobacco or other
plant material and is torqued, the teeth grind it into Smaller
(51) Int. Cl. pieces that are caught within the teeth Such that the ground
A24F 47/00 (2006.01) material eventually can fill up a compartment located within
(52) U.S. Cl. the implement and are enclosed therein by the teeth. An
USPC ........................................... 131/202; 131/226 alternate embodiment further comprises a filter on the inha
(58) Field of Classification Search lation end for filtering the smoke or vapor caused by the
CPC ........ AFSoo. AF4700. A24F 270004 burning or vaporizing of the ground material.
See application file for complete search history. 11 Claims, 1 Drawing Sheet
24
f2
22a
U.S. Patent Aug. 26, 2014 US 8,813,758 B2
f4 22a FIG. 2
22 14b
FIG. 3
US 8,813,758 B2
1. 2
SMOKING ORVAPORIZING IMPLEMENT ground material that can later be Smoked or vaporized therein.
In an alternative preferred embodiment of the present inven
FIELD OF THE INVENTION tion, the first end also comprises a filter compartment, into
which a filter is placed so that it filters the smoke or vapor
The present invention generally relates to Smoking or 5 flowing through the channel during use. After the filter has
vaporizing implements in which ground material is burned or been used, it can easily be removed and replaced. In yet a
vaporized and then inhaled by the user. More specifically, the further alternate embodiment, the filter compartment may
present invention is drawn to a Smoking or vaporizing imple comprise the filter itself and can be removed and replaced.
ment having a grinder at one end which permits easy and
efficient grinding of herb, tobacco and other related materials 10 BRIEF DESCRIPTION OF THE DRAWINGS
and a second end which provides a filter such that when the
implement is used, it purifies the Smoke emanating therefrom. A detailed description of the invention will be made with
reference to the accompanying drawings, where like numer
BACKGROUND OF THE INVENTION als refer to like parts and in which:
15 FIG. 1 is a perspective view of a preferred embodiment of
Prior art Smoking and/or vaporizing implements usually the present invention.
require that the tobacco, herb or other plant material be FIG. 2 is a side view of an alternate embodiment of the
ground up and then placed therein by hand. In many device of the present invention in which there is a filter com
instances, the user first grinds the material and then packs it partment.
into the Smoking or vaporizing apparatus. This procedure is FIG. 3 is an end view of the serrated edge of a preferred
messy and often results in lost material, especially if the embodiment of the present invention.
apparatus is Small.
One prior art device disclosed in U.S. Pat. No. 6,601,586 DETAILED DESCRIPTION OF THE PREFERRED
(Henner) comprises a tube-shaped member having multiple, EMBODIMENTS
evenly spaced slots around the peripheral edge of one end 25
extending parallel with the longitudinal axis, which create a In the following descriptions of the invention, terms such
plurality of teeth for cutting tobacco. The problem with this as “top”, “bottom.” first “end” and “second end”, “horizon
device is that because the teeth are parallel with said longitu tal”, “longitudinal, and the like are used herein merely for
dinal axis and are substantially rectangular in shape and have ease of description and refer to the orientation of the compo
gaps in between the teeth, they do not contain the Smoking 30 nents shown in the figures and are not meant to limit the
material within the device when it is in use. Likewise, there is invention in any way.
no means for filtering the Smoke or vapor emanating there Generally, the present invention may be briefly described
from while the device is in use. as follows. Referring first to FIGS. 1 and 2, the device 10 of
the present invention is shown. The device 10 comprises a
SUMMARY OF THE PREFERRED 35 member 12 having a first end 12a and a second end 12b. The
EMBODIMENTS first end 12a is connected to the second end 12b through a
channel 16 that extends between end 12a and end 12b. The
One preferred embodiment of the present invention is a first end 16a of channel 16 comprises an opening that extends
combined Smoking/vaporizing, grinding and storage appara through the first end 12a and the second end 16b of channel 16
tus comprising a first opening therein at a first end extending 40 comprises an opening that extends through the second end
to a second opening located elsewhere in the apparatus. In a 12b of member 12. Immediately adjacent to the second end
preferred embodiment, the apparatus is cannular with the first 16b of channel 16 is a chamber 14 that, in a preferred embodi
opening extending from the first end to an opening in the ment is fabricated so that it has a greater cross section than the
second end. A preferred embodiment further comprises a opening of channel 16. In an alternate embodiment, the cham
chamber into which the Smoking material is placed for Smok 45 ber 14 and the channel 16 have the same cross sectional area.
ing, vaporizing or storage. The chamber is either externally In a preferred embodiment, chamber 14 is a concavity
connected to the second opening or located therein. formed within first end 12a having an opening 14a which
The apparatus of a preferred embodiment can be any shape connects the chamber 14 with the channel 16. In an alternate
So long as there is at least one channel therein connecting the embodiment, chamber 14 could be fabricated separately and
chamber to the first end. In a preferred embodiment, the 50 placed within the concavity formed within first end 12a with
chamber is located within the second end of the cannular Suitable modifications.
member and has a larger diameter than the opening to which In a preferred embodiment member 12 is cannular, how
the chamber is connected. In a preferred embodiment which ever, member 12 may be can be any shape so long as there is
is not cannular, the chamber has a cross section that is larger a channel 16 therein connecting the opening 14a in the cham
than the opening therein which connects it to the first end. In 55 ber 14 to the opening at the second end 16b of channel 16.
a preferred embodiment, the chamber is comprised of a first Chamber 14 has an outer opening 14b, which in the preferred
end and a second end. The first end of the chamber is con embodiment is larger than the opening at the second end 16b
nected to the channel. The second end comprises an opening of channel 16.
having an outer rim with a serrated edge that bends slightly In a preferred embodiment chamber 14 is substantially
inward so as to slightly enclose the interior of the chamber. 60 bowl shaped. However, in an alternate embodiment, chamber
In a preferred embodiment, the Serrated edge is comprised 14 may be any shape so long as it has a rim 20. Rim 20 is
of a plurality of Substantially triangular shaped members that comprised of a serrated edge 22. In a preferred embodiment,
bend slightly inward and have sharp points thereon which are Serrated edge 22 is comprised of a plurality of Substantially
capable of grinding herb, plant matter, tobacco and the like. triangular-shaped teeth 22a which extend from the outside of
Due to the slight inward bend of the serrated edge, the ground 65 chamber 14 So that they bend at a slight inward angle, so that
material will be caught within the chamber. Thus, the device they partially enclose the outside opening of chamber 14. In a
of the present invention is capable of grinding and storing preferred embodiment in which member 12 is cannular, teeth
US 8,813,758 B2
3 4
22a are equal in size and dimension. In an alternate preferred The invention claimed is:
embodiment, teeth 22a are trapezoidally shaped. 1. An implement for Smoking or vaporizing a material
In a preferred embodiment, the thickness of the teeth 22a is through inhalation, comprising:
gradually and slightly reduced towards the narrower ends of a first member having a first end opening and a second end
the teeth. Because the teeth 22a are saw shaped and bend 5 opening,
inward at a very slight inward angle, they resemble claws. a channel connecting the first end opening of the first
Teeth 22a are capable of grinding material that is external to member with the second end opening,
the device 10 and then enclosing the ground material within a first chamber having a first opening and a second opening
the chamber 14. Specifically, when the teeth 22a are placed having a rim, the rim comprising a plurality of saw-like
within a container of herb, plant matter, tobacco or other 10
teeth which are slightly angled over the first chamber
Smoking or vaporizing material and torqued within that mate and the first opening of the first chamber connected to
rial in a clockwise or counterclockwise or combination fash
ion, the teeth 22a grind the material into Smaller pieces. As the first end opening of the channel, and
material is being ground, due to the configuration of the teeth a second chamber having a first opening and a second open
22a over the chamber, material is forced upward into the 15 ing, the first opening connected to the channel and the second
chamber 14. This process continues until the chamber 14 is as opening being accessible to the user of the implement Such
full as the user would like. that while the material is either burned or vaporized, the user
In an alternate preferred embodiment such as shown in will be able to inhale smoke or vapor thereto, wherein the
FIG. 2, member 12 further comprises a second chamber 24. second chamber is removably connected to the first member
Second chamber 24 has a first opening 24a that is connected wherein the second chamber contains filtering material.
to the first end 16a of channel 16. Second chamber 24 has a 2. The implement of claim 1, wherein the filtering material
second opening 24b through which the Smoke or vapor is is removable and replaceable.
inhaled when the apparatus of the present invention is being 3. The implement of claim 1 wherein the first chamber is
used. removable and replaceable.
In a preferred embodiment, member 12 had threads thereon 25 4. The implement of claim 1, wherein the saw-like teethare
at second end 12b and second chamber 24 has threads thereon capable of grinding herb, tobacco or other plant material by
at first opening 24a Such that second chamber 24 can be torquing the teethin a containerthereof. Such that upon grind
tightly screwed onto member 12. However, any means to ing, the herb, tobacco or other plant material will be enclosed
tightly but removable connect second chamber 24 to member in the first chamber.
12 may be used such as, by way of illustration and not limi 30
5. The implement of claim 1, wherein the saw-like teeth
tation, male and female connectors, reusable epoxies, slots, gradually taper in thickness towards their points.
hinges, etc. 6. An implement for Smoking or vaporizing a material
In an alternate preferred embodiment, second chamber 24 through inhalation, comprising:
contains a removable filter 26. Filter 26 may be comprised of a first member having a first end opening and a second end
cotton, charcoal, crepe paper, cellulose, cellulose acetate or 35
opening,
any other material that can reduce the amount of tar, and fine a channel connecting the first end opening of the first
particles inhaled during the combustion of material in the first member with the second end opening,
chamber a cigarette. Filter 26 also reduce the harshness of the a first chamber contained within the first end of the first
smoke and will keep the burning material out of the user's member, wherein the first chamber comprises a first
mouth. In another alternate embodiment, second chamber 24 40
opening and a second opening having a rim, the rim
may contain flavor packets in lieu of or in addition to the comprising a plurality of saw-like teeth which are
filters or the filters may be flavored so that the smoke or vapor slightly angled over the first chamber and the first open
being inhaled by the user is flavored. ing of the first chamber connected to first end opening of
In a preferred embodiment, member 12 of the present the channel, and
invention may be uniformly hollow from end to end to create 45
a second chamber having a first opening and a second
a tube-like structure extending from the first end to the second opening, the first opening connected to the channel and
end, while in other preferred embodiments, member 12 may the second opening being accessible to the user of the
have other chambers of various sizes interconnected so that
smoke can flow throughout in substantially a direct flow. implement such that while the material is either burned
Regardless of the external design, each of the embodiments of 50 or vaporized, the user will be able to inhale smoke or
the invention allow for a clear path of smoke or vapor when it vapor therefrom, wherein the second chamber contains
is in use. filtering material.
The presently disclosed embodiments are to be considered 7. The implement of claim 6, wherein the filtering material
in all respects as illustrative and not restrictive, the scope of is removable and replaceable.
the invention being indicated by the appended claims, rather 55 8. The implement of claim 6 wherein the first chamber is
than the foregoing description, and all changes which come removable and replaceable.
within the meaning and range of equivalency of the claims are 9. The implement of claim 6, wherein said first member is
therefore intended to be embraced therein. The embodiments cannular.
and methods described above are exemplary embodiments of 10. The implement of claim 6, wherein the saw-like teeth
the present invention. Those skilled in the art may now make 60 are capable of grinding herb, tobacco or other plant material
numerous uses of, and departures from, the above-described by torquing the teeth in a container thereof. Such that upon
embodiments without departing from the inventive concepts grinding, the herb, tobacco or other plant material will be
enclosed in the first chamber.
disclosed herein. Thus, the construction of the embodiments
disclosed herein are not limitations of the invention. Accord 11. The implement of claim 6, wherein the saw-like teeth
ingly, the present invention is to be defined solely by the scope 65 gradually taper in thickness towards their points.
of the following claims. k k k k k
JS 44 (Rev. 06/17) CIVIL COVER SHEET
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.)
I. (a) PLAINTIFFS DEFENDANTS

GRAVITRON, LLC JONATHAN BRAVEMAN; VOLO TRADE, INC.
(b) County of Residence of First Listed Plaintiff TRAVIS County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Mateo Z. Fowler, MZF Law Firm, PLLC, 1105 Nueces Street, Ste. A, Edward F. McHale, McHale & Slavin, P.A., 2855 PGA Blvd., Palm
Austin, Texas, 78701; (281) 546-5172 Beach Gardens, Florida 33410; (561) 625-6575
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. §§ 2201, et seq.; 35 U.S.C. § 1 et seq
VI. CAUSE OF ACTION Brief description of cause:
Action for declaratory judgment of invalidity and non-infringement of U.S. Design Patent No. D657,091.
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 06/17) Case 1:19-cv-00712-RP Document 1-5 Filed 07/17/19 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Gravitron v. Braveman - Complaint

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Gravitron v. Braveman - Complaint

Uploaded by

Copyright:

Available Formats

Case 1:19-cv-00712-RP Document 1 Filed 07/17/19 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT

PLAINTIFF GRAVITRON, LLC’S COMPLAINT FOR DECLARATORY JUDGMENT

against Jonathan Braveman (“Braveman”), Volo Trade, Inc., (“VOLO”) (collectively,

“Defendants”), and hereby alleges as follows:

NATURE OF THE ACTION

1. This is a civil action for declaratory judgment of invalidity and non-infringement

business located in Austin, Texas.

4. Jonathan S. Braveman is a residing in and domiciled in Scottsdale, Arizona.

at 382 NE 191st Street, #14752, Miami, Florida 33179.

JURISDICTION AND VENUE

U.S.C. §§ 2201 and 2202.

jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).

hereto as Exhibit 2 and Exhibit 3.

hereto as Exhibit 2 and Exhibit 3.

THE ’091 PATENT-IN-SUIT

29/368,583 filed on August 25, 2010. See Exhibit 1.

THE SUBSTANTIAL CONTROVERSY BETWEEN THE PARTIES

15. On or around November 20, 2018, Braveman contacted GRAV concerning

or provide a term sheet for a license to Braveman’s patents.

18. On or around December 14, 2018, Braveman transmitted an electronic mail to

GRAV accused products.

19. On or around January 8, 2019, GRAV responded to Braveman’s assertion of

of Braveman’s patents concerning a “one-hitter”.

21. GRAV never received a response to this communication.

23. GRAV contacted Defendants on or around June 7, 2019 seeking clarification on

settle the dispute. See Exhibit 3.

money or challenge the validity of the patent through litigation. Id.

concrete and immediate justiciable controversy between GRAV and Defendants.

FIRST CLAIM FOR RELIEF – DECLARATORY JUDGMENT OF NON-

the ’758 Patent.

infringement of the ’091 Patent to warrant the issuance of a declaratory judgment.

34. Absent a declaration of non-infringement, Defendants will continue to wrongfully

regarding the ’091 Patent.

of the ’091 Patent under any theory of liability.

SECOND CLAIM FOR RELIEF – DECLARATORY JUDGMENT

Taster” infringes the ’091 Patent.

’091 Patent to warrant the issuance of a declaratory judgment.

material to be consumed by the smoking article as disclosed in the ’758 Patent.

41. Absent a declaration of invalidity, Defendants will continue to wrongfully accuse

ascertain its rights regarding the ’091 Patent.

PRAYER FOR RELIEF

a. That Judgement be entered in favor of GRAV and against Defendants,

jointly and severally, on each and every count of the Complaint;

directed at patent eligible subject matter;

d. That Judgement be entered permanently enjoining and restraining

e. That Judgment be entered declaring this case is exceptional in favor of

expenses incurred pursuing this claim;

f. That GRAV be awarded its costs in this action;

just and proper;

DATED: July 17, 2019 Respectfully,

/s/ Mateo Z. Fowler

COUNSEL FOR PLAINTIFF

(12) United States Design Patent (10) Patent No.: US D657,091 S

U.S. Patent Apr. 3, 2012 US D657,091 S

David Daily <dave@grav.com>

Taster bat with teeth

On Thu, Jun 27, 2019 at 11:08 AM Dave Daily <dave@grav.com> wrote:

Is your intention for me to stop making them with teeth?

My hope is that we can resolve this without spending money on legal.

P: Toll Free 866-420-0420 ext 420

(12) United States Patent (10) Patent No.: US 8,813,758 B2

U.S. Patent Aug. 26, 2014 US 8,813,758 B2