This document is a complaint filed in the United States District Court for the District of Delaware alleging patent infringement by Dillard's Inc. and William E. Connor & Associates Ltd. of two patents related to Bug-A-Salt guns owned by Skell Inc. and inventor Loren Maggiore. The complaint provides background on the patented invention, its commercial success, and asserts that the defendants have infringed the patents without authorization by making, using, selling, or offering to sell products covered by the patent claims. Plaintiffs are seeking remedies including damages and injunctive relief.
This document is a complaint filed in the United States District Court for the District of Delaware alleging patent infringement by Dillard's Inc. and William E. Connor & Associates Ltd. of two patents related to Bug-A-Salt guns owned by Skell Inc. and inventor Loren Maggiore. The complaint provides background on the patented invention, its commercial success, and asserts that the defendants have infringed the patents without authorization by making, using, selling, or offering to sell products covered by the patent claims. Plaintiffs are seeking remedies including damages and injunctive relief.
This document is a complaint filed in the United States District Court for the District of Delaware alleging patent infringement by Dillard's Inc. and William E. Connor & Associates Ltd. of two patents related to Bug-A-Salt guns owned by Skell Inc. and inventor Loren Maggiore. The complaint provides background on the patented invention, its commercial success, and asserts that the defendants have infringed the patents without authorization by making, using, selling, or offering to sell products covered by the patent claims. Plaintiffs are seeking remedies including damages and injunctive relief.
This document is a complaint filed in the United States District Court for the District of Delaware alleging patent infringement by Dillard's Inc. and William E. Connor & Associates Ltd. of two patents related to Bug-A-Salt guns owned by Skell Inc. and inventor Loren Maggiore. The complaint provides background on the patented invention, its commercial success, and asserts that the defendants have infringed the patents without authorization by making, using, selling, or offering to sell products covered by the patent claims. Plaintiffs are seeking remedies including damages and injunctive relief.
Street Journal, Oct. 19, 2012). Mr. Maggiore designed a “gun” to use table salt as particulate
projectiles to stun or kill insects, particularly flies. Using salt as the projectiles makes the
product safe to use around food, and allows for stunning the insect rather than the smashing mess
created by a fly swatter. The invention allows the user to get the insect off the table and other
unwanted places. In 2018, Plaintiff sold nearly one million Bug-A-Salt guns. Mr. Maggiore
explained the story of his innovation to CNBC as follows:
. . . [Mr. Maggiore] always had this idea to make a gun to kill flies. “It’s fun, and it’s ridiculous,” Maggiore says. “I couldn’t let it go.” He tried to make and market one in the ’90s, but it didn’t go anywhere. “It was really crude.” Then, in 2009, [Maggiore] . . . decided . . . to give the idea one last shot . . . . Maggiore maxed out his credit cards and went to China to spend two months working with a prototype toy maker. He would eventually spend $70,000 of profits from his
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wallpaper hanging business, along with about $30,000 from an angel investor he met through a friend of the family. Finally, the prototype was completed. “I’m just sitting in the hotel looking at this thing that I’ve done,” he recalls, laughing. “It’s ready for the world, but I have nowhere to sell it. I have no plan!”
A friend suggested Maggiore make a video for Kickstarter to raise money for production. “I said, ‘What’s Kickstarter?’” In 2012, he put together a hilarious short video demonstrating the effectiveness of the Bug-A-Salt with a lot of slo-mo action shots. . . .
The original video has been viewed more than 3.5 million times. . . .
Finally, the Bug-A-Salt, a dream he’d had since he was a teenager, was a real thing. Over the last seven years, sales have grown as Maggiore continued to improve the product (and make more hilarious videos). The company says 2018 revenues reached $27 million. Maggiore says most customers buy the weapon as a gimmick then discover it works, and then they become addicted to it. “They always say, ‘We don’t have any flies to shoot, so now we leave the doors and windows open.’ Now they want flies to come in,” he laughs. The company now has around 20 employees based in [Santa Monica], California . . . Along the way, he spent $80,000 on a patent . . . .
(Amazon BUG-A-SALT 3.0 Customer reviews) (last visited October 19, 2020).
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Unauthorized counterfeits, or knock-off, of Mr. Maggiore’s patented inventions
for a salt-shooting gun, targeted for killing flies, could threaten the reputation and success of
Mr. Maggiore and his invention, as well as that of Skell and the BUG-A-SALT product.
Defendants’ Infringing and Willful Activities
Sometime around December 3, 2019, Skell first became aware of the sales within
the United States of the counterfeit “Salt War” product (the “Accused Instrumentalities”) at
Dillard’s stores.
On December 3, 2019, Skell (d/b/a BUG-A-SALT) notified Dillard’s legal
department by email of this patent infringement issue as follows:
I am writing to you from BUG-A-SALT, the legit manufacturer and patent holder for the BUG-A-SALT insect eradication device. Please see below. One of our wholesale customers today notified us the “SALT WAR” gun is listed for sale at Dillard’s. Since you are a legit business, we were rather shocked to find this is true. We have a room full of these “SALT WAR” guns here (we’ve had removed from Amazon + Ebay) . . .
Please cease & desist from selling this counterfeit product from China immediately. We’d love to sell to Dillard’s in a legitimate fashion, so please let us know if you’d like to sign up for our wholesale program. We look forward to your prompt response & swift resolution to this matter. Please see below for proof of purchase.
(Exhibit E, at p. 10.)
On December 4, 2019, Dillard’s acknowledged Skell’s communication.
(Exhibit E, at p. 9.)
On December 13, 2019, Dillard’s represented that it had ordered the removal of
all unsold counterfeit “Salt War” products from Dillard’s physical and online stores.
A week later, on December 20, 2019, Skell confirmed that Dillard’s had, in fact,
not removed all remaining “Salt War” guns from its stores. For example, Skell confirmed that
Dillard’s stores in Florida were still selling the counterfeit products. Skell again emailed
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Dillard’s legal department demanding that all remaining products be removed from Dillard’s
stores by the end of the day and for an updated accounting of sales of the counterfeit products.
(Exhibit E, at p. 1.) The same day, Dillard’s responded that there must have been a breakdown
in communication with its stores. (Exhibit E, at p. 1.)
On January 16, 2020, having received no communications from Dillard’s since
the December 20, 2019 communications, Skell again contacted Dillard’s, stating that it was
aware that Dillard’s had knowingly sold the counterfeit products in brick and mortar stores
through the holiday season and demanded a current accounting of all counterfeit “Salt War”
products sold to date. (Exhibit F, at p. 2.)
Later that day, January 16, 2020, Dillard’s represented to Skell that the counterfeit
product had been removed from the physical stores’ sales floors and estimated that Dillard’s still
maintained approximately 2,000 units of the counterfeit product on-hand. Dillard’s also
estimated that it had, at that time, sold approximately 370 units, more than doubling its sales of
the counterfeit product after representing that it would remove the counterfeit product from
Dillard’s stores. (Exhibit F, at p. 1.)
On January 31, 2020, Skell sent a letter to Dillard’s demanding that all remaining
products on-hand at Dillard’s stores be mailed to Skell for proper destruction. (Exhibit G.)
Upon information and belief, Dillard’s infringing sales of the “Salt War” products
continued, knowingly and willfully, through December 2019 as evidenced by Skell’s posting of
the following “COUNTERFEIT ALERT!” waring on its Facebook page:
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Upon information and belief, Maxx Maison obtained and/or assisted in the
distribution to Dillard’s of the “Salt War” products, by working with a Chinese manufacturer
known as “Xi’an Zoniu Electronics Technology Company, Ltd.,” hereinafter “Xi’an Zoniu”.
Upon information and belief, Xi’an Zoniu is the manufacturer of the “Salt War”
products.
As demonstrated in the claim charts attached hereto as Exhibit C and D, the “Salt
War” product infringes one or more claims of each of the patents in suit.
Defendants and their agents were on at least constructive notice of infringement
of at least the ’051 patent because the ’051 patent has been and continues to be marked on
Skell’s BUG-A-SALT product, in a clear and continuous manner.
Specifically, the ‘051 patent has been and continues to be marked on the BUG-A-
SALT gun since at least 2013, as evidence in this screenshot of a demonstration recorded on
YouTube:
See https://www.youtube.com/watch?v=63K1_qB0J1I (last visited October 19, 2020).
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See https://www.northerntool.com/shop/tools/product_200829749_200829749 (last visited
October 19, 2020).
By all objective measures, the “Salt War” product design was intentionally copied
to create a counterfeit, or “knock-off”, of the popular Bug-A-Salt gun invented and patented by
Maggiore and sold by Skell.
For example, the following is an illustrative comparison of Figure 4 of the ’051
patent with a photograph of the internal components of the “Salt War” gun, revealing the striking similarity of the intricate internal design components and evidencing the degree of copying.
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As yet another example, the following is an illustrative comparison of Figure 10
of the ’051 patent with another photograph of the internal components of the “Salt War” product,
this with the piston and spring exposed, to further reveal the striking similarity of the designs and
further evidencing copying.
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Upon information and belief, the foregoing reveal a knowledge of the patents in
suit by the original designer/manufacture of the “Salt War” product, which knowledge, upon
information and belief, was made know to Defendants before they sold and/or imported the “Salt
War” products into the United States.
Specifically, upon information and belief, Dillard’s was aware of at least the ’051
patent before it sold any “Salt War” products in the United States.
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Upon information and belief, W.E. Connor was aware of at least the ’051 patent
before it assisted Dillard’s in acquiring “Salt War” products for importation and/or sale in the
United States.
Upon information and belief, vendor Maxx Maison Mode Corporation, was aware
of at least the ’051 patent before it provided or assisted in providing “Salt War” products for
importation and sale in the United States.
Upon information and belief, Xi’an Zoniu Electronics Technology Company,
Ltd., was all aware of at least the ’051 patent before it designed and/or made that “Salt Wars”
products that were eventually sold by Dillard’s within the United States.
As noted above, this awareness by Defendants, and their associates, is evidenced
by on the closeness of the “Salt War” gun design to the designs disclosed in the patents in suit,
which appear to be an intentional copy of the innovation disclosed in the patents in suit.
Notably, Skell demanded that Dillard’s and W.E. Connor produce documents,
including but not limited to, bills of lading, purchase orders, proof of purchase, and related
writings to prove the (1) origin of the “Salt War” product, (2) the quantities purchased and
(3) the stores to which W.E. Connor sold “Salt War” products.
None of these documents have been provided by either Defendant.
COUNT I – INFRINGEMENT OF U.S. PATENT NO. 8,251,051
The allegations set forth in the foregoing paragraphs are incorporated into this
COUNT I.
The ’051 patent is valid and enforceable.
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Upon information and belief, Dillard’s has directly infringed at least claim 1 of
the ’051 patent by offering to sell and selling the “Salt War” gun during the pendency of the ’051
patent.
Upon information and belief, W.E. Connor has directly infringed at least claim 1
of the ’051 patent by selling and/or importing the “Salt War” products into the United States
during the pendency of the ’051 patent.
Upon information and belief, W.E. Connor has indirectly infringed at least
claim 1 of the ’923 patent by assisting Dillard’s in its acquisition of the “Salt War” products to
allow Dillard’s to sell these products within the United States during the pendency of the ’051
patent.
An exemplary infringement analysis showing infringement of at least claim 1 of
the ’051 patent is set forth in Exhibit C. This infringement analysis is necessarily preliminary, as
it is provided in advance of any discovery in this action. Skell reserves all rights to amend,
supplement and modify this preliminary infringement analysis. Nothing in the chart attached as
Exhibit C should be construed as any express or implied contention or admission regarding the
construction of any term or phrase of the claims of the ’051 patent.
To the extent Dillard’s continues to offer to sell or sells the “Salt War” gun going
forward, such offers and sales of this Accused Instrumentality will continue to infringe at least
claim 1 of the ’051 patent.
Upon information and belief, both Dillard’s and W.E. Connor’s infringement of
the ’051 patent has been knowing and willful.
Skell has been harmed by the Dillard’s infringing activities.
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COUNT II – INFRINGEMENT OF U.S. DESIGN PATENT NO. D676,923
The allegations set forth in the foregoing paragraphs are incorporated into this
COUNT II.
The ’923 patent is valid and enforceable.
Upon information and belief, Dillard’s has directly infringed the claim of the ’923
patent by offering to sell and selling the “Salt War” gun during the pendency of the ’923 patent.
Upon information and belief, W.E. Connor has directly infringed the claim of the
’923 patent by selling and/or importing the “Salt War” products into the United States during the
pendency of the ’923 patent.
Upon information and belief, W.E. Connor has indirectly infringed the claim of
the ’923 patent by assisting Dillard’s in its acquisition of the “Salt War” products to allow
Dillard’s to sell these products within the United States during the pendency of the ’923 patent.
The overall appearance and placement of the “Salt War” product is substantially
the same as the design claimed in the ’923 Patent. For example, the overall appearance and
placement of the exterior markings, muzzle brake etchings and mock-rifle components of the
Salt War product are substantially the same as the design claimed in the ’923 Patent. An
ordinary observer will perceive the substantial similarity of the ’923 patent and the
corresponding design of the “Salt War” product.
Exemplary infringement analysis showing infringement of the claim of the ’923
patent is set forth in Exhibit D. This infringement analysis is necessarily preliminary, as it is
provided in advance of any discovery in this action. Skell reserves all rights to amend,
supplement and modify this preliminary infringement analysis. Nothing in the chart attached as
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Exhibit D should be construed as any express or implied contention or admission regarding the
construction of any term or phrase of the claims of the ’923 patent.
To the extent Dillard’s continues to offer to sell or sells the “Salt War” gun going
forward, such offers and sales of this Accused Instrumentality will continue to infringe the claim
of the ’923 patent.
Skell has been harmed by the Dillard’s infringing activities.
JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Skell demands a trial by jury
on all issues triable as such.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs demand judgment for itself and against Defendants as follows:
A. An adjudication that Defendants have infringed the patents in suit;
B. An award of damages to be paid by Defendants adequate to compensate Plaintiffs
for Defendants’ past infringement of the patents in suit, and any continuing or future
infringement through the date such judgment is entered, including interest, costs, expenses and
an accounting of all infringing acts including, but not limited to, those acts not presented at trial;
C. An adjudication that Defendants’ infringement the patents in suit was intentional
and willful;
D. A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of
Skell’s reasonable attorneys’ fees; and
E. An award to Plaintiffs of such further relief at law or in equity as the Court deems
just and proper.
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Dated: November 20, 2020 DEVLIN LAW FIRM LLC
/s/ James M. Lennon
Timothy Devlin (No. 4241) James M. Lennon (No. 4570) 1526 Gilpin Avenue Wilmington, Delaware 19806 Telephone: (302) 449-9010 Facsimile: (302) 353-4251 [email protected] [email protected]
Attorneys for Plaintiffs Skell, Inc.
and Loren Maggiore
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Exhibit A Case 1:20-cv-01567-UNA Document 1-1 Filed 11/20/20 Page 2 of 29 PageID #: 20
US0082.51051B2
(12) United States Patent (10) Patent No.: US 8,251,051 B2
Maggiore (45) Date of Patent: Aug. 28, 2012 (54) BUG KILLING GUN 6,220.237 B1 * 4/2001 Johnson et al. ................. 124f73 6,247.995 B1* 6/2001 Bryan ........................... 446/473 6,393,992 B1 5, 2002 Vasel et al. (76) Inventor: Loren Maggiore, Santa Monica, CA 6,772,694 B1 8, 2004 III et al. (US) 7,185,645 B1* 3/2007 Neumeir et al. ................ 124,71 7,207,497 B2 4/2007 Clark (*) Notice: Subject to any disclaimer, the term of this 20065. R ck 1939, S. son, Jr.Jr. etet ar obinson, al. 124,72 patent 1S extended O adjusted under 35 2004/O149275 A1* 8, 2004 Vincent ... ... ... .... ... ... ... . 124/41.1
U.S.C. 154(b) by 392 days. 2006/0070610 A1* 4/2006 Reeves ............................ 124,72 2006/0254570 A1* 11/2006 Dillon ............................. 124f69 (21) Appl. No.: 12/723,355 2006/0283433 A1 12/2006 Gerardo 2009, 0255434 A1 10, 2009 Pawloski (22) Filed: Mar 12, 2010 2010/0275895 A1* 11/2010 Wenaas et al. .................. 124f74 * cited by examiner (65) Prior Publication Data f Primary Examiner — Bret Hayes US 2011 FO220O88A1 Sep. 15, 2011 (74) Attorney, Agent, or Firm — David A. Belasco; Belasco (51) Int. Cl Jacobs & Townsley, LLP F4IB II/02 (2006.01) (57) ABSTRACT F4IB II/06 (2006.01) -- - - AOIM 2700 (2006.01) A bug killing gun includes a compressed gas source fluidly AOIM 5/02 (2006.01) ted to a chamber COCOO COCCCO) a Cal connected to ata barrel. A compressed al. A COSS as release mechan1Sm 1S COnnected to the COmoreSSed gaS (52) U.S. Cl. ................. 124/76; 124/40: 124/45; 43/141 E. AE Storage N. S. RE (58) Field of Classifications, 76. jectiles and is located adjacent the chamber. A projectile S lication file f let s als h hi t s loading mechanism moves the projectiles into the chamber ee appl1cauon Ille Ior complete searcn n1Story. from the magazine. A cocking mechanism is mechanically (56) References Cited connected to the compressed gas source, the compressed gas release mechanism, and the projectile loading mechanism. A U.S. PATENT DOCUMENTS stock houses and Supports the compressed gas source, the compressed gas release mechanism, the barrel, the chamber, S. A 1333 St.ten the projectile storage magazine, the cocking mechanism and 3,672,301 A 6, 1972 Abbott the projectile loading mechanism. When the gun is cocked, 3,704,981. A 12, 1972 Pohr the projectile loading mechanism loads a predetermined 3,791,303 A 2, 1974 Sweeney et al. quantity of the particulate projectiles into the chamber. When 4,653,433 A 3/1987 Comparetti the compressed gas release mechanism is activated the pro 5,460,154 A * 10/1995 Mattern et al. .................. 124/56 iectil 5,515,838 A * 5/1996 Anderson ........ ... 124f76 jectiles are ejectedd ffrom the he chamber i he b 1 and chamber 1nto the barrel an 5,722,383 A * 3/1998 Tippmann et al. 124/76 expelled from the gun. 5,743,246 A * 4/1998 Mattern ... 124/56 5,785,038 A * 7/1998 Mattern ... ... 124/56 22 Claims, 16 Drawing Sheets
1O S4 86 426 422 78 50 66
4N QQQC C 7O
f --- -- d d C D 74 626 -
622 --- - 142
614 358 --- -- ---
610 ---
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U.S. Patent Aug. 28, 2012 Sheet 1 of 16
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U.S. Patent Aug. 28, 2012 Sheet 2 of 16 US 8,251,051 B2
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U.S. Patent Aug. 28, 2012 Sheet 3 of 16 US 8,251,051 B2
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U.S. Patent Aug. 28, 2012 Sheet 4 of 16 US 8,251,051 B2
50 82 78 166 17O N R 162 194 178 F
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U.S. Patent Aug. 28, 2012 Sheet 5 of 16 US 8,251,051 B2
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U.S. Patent US 8,251,051 B2
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U.S. Patent Aug. 28, 2012 Sheet 7 of 16 US 8,251,051 B2
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U.S. Patent Aug. 28, 2012 Sheet 8 of 16 US 8,251,051 B2
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U.S. Patent Aug. 28, 2012 Sheet 9 of 16 US 8,251,051 B2
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U.S. Patent Aug. 28, 2012 Sheet 10 of 16 US 8,251,051 B2
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U.S. Patent Aug. 28, 2012 Sheet 11 of 16 US 8,251,051 B2
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U.S. Patent US 8,251,051 B2
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U.S. Patent US 8,251,051 B2
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U.S. Patent Aug. 28, 2012 Sheet 14 of 16 US 8,251,051 B2
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U.S. Patent Aug. 28, 2012 Sheet 15 of 16 US 8,251,051 B2
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U.S. Patent US 8,251,051 B2
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US 8,251,051 B2 1. 2 BUG KILLING GUN Sure and connected to gun and when the trigger is operated. Gas flows from the control valve through nozzle which causes FIELD OF INVENTION the flakes to be dispersed through conduit. It is an objective of the present invention to provide a This invention relates to the fields of weaponry and insect 5 device for killing flying insects. It is a further objective to control, and more specifically to a device for killing insects at provide Such a device that uses non-toxic means for killing a distance without use of toxic chemicals. the insects. It is a still further objective of the invention to provide an insect killing device that incorporates positive BACKGROUND OF THE INVENTION safety features. It is yet a further objective to provide such a 10 device that is entertaining to use and inexpensive to operate. Many methods and devices have been developed for deal Finally, it is an objective of the present invention to provide an ing with insect pests. Many people are particularly interested insect killing device that is durable, inexpensive and simple in dealing with flying insects as they tend to be very visible, for the user to master. Sometimes noisy and often possessing the capability to bite or While some of the objectives of the present invention are sting. Traditional means for killing flying insects include 15 disclosed in the prior art, none of the inventions found include devices such as fly Swatters and their equivalent or chemical all of the requirements identified. sprays. The former requires a certain skill and agility to be effective and the latter leaves a potentially harmful chemical SUMMARY OF THE INVENTION residue in the area where used. The present invention addresses these concerns and also provides entertainment to 20 The present invention addresses all of the deficiencies of those tasked with removal of insect pests in the form of a gun prior art bug killing gun inventions and satisfies all of the designed for shooting flying insects. Other devices developed objectives described above. to provide insect removal in a related fashion include the (1) A bug killing gun providing the desired features may be following inventions. constructed from the following components. A compressed U.S. Pat. No. 1,611,533, issued to Kirsten, is directed to an 25 gas source is provided. A chamber is provided. The chamber insect shootingapparatus wherein a spring-loaded pistol-type is fluidly connected to the compressed gas source. A barrel is device is used to dispense a shot or bead of material in order provided. The barrel is located at a distal end of the chamber. to exterminate various household insects such as flies. The A compressed gas release mechanism is provided. The device takes the form of a gun or pistol with a piston that is release mechanism is connected to the compressed gas operated through a linkage mechanism and released under 30 Source. A projectile storage magazine is provided. The maga spring actuation by means of trigger. The movement ofpiston Zine stores particulate projectiles and is located adjacent the in a forward direction ultimately causes release of a shot chamber. A projectile loading mechanism is provided. The holding a nozzle from a tapered end of the barrel. A shot loading mechanism moves the particulate projectiles into the holding nozzle contains a liquid which when dispersed upon chamber from the magazine. A cocking mechanism is an insect such as a fly and exterminates same. 35 mechanically connected to the compressed gas source, the U.S. Pat. No. 4,653,433, issued to Comparetti is directed to compressed gas release mechanism, and the projectile load a flea Zapper which takes the form of a pistol and when ing mechanism. A stock is provided. The stock houses and activated by a triggered mechanism releases a powder mate Supports the compressed gas source, the compressed gas rial for controlling insects Such as fleas normally found on release mechanism, the barrel, the chamber, the projectile furry animals. The flea Zapper takes the form of a handgun 40 storage magazine, the cocking mechanism and the projectile with a pistol-type handle with a trigger to be operated by the loading mechanism. When the gun is cocked by the cocking finger of the user. When the trigger is operated, a sample of mechanism, the projectile loading mechanism gathers a pre powder is released from the powder chamber through the determined quantity of the particulate projectiles and posi barrel portion through an opening and dispensed onto the tions the projectiles in the chamber. When the compressed gas animal. 45 release mechanism is activated the projectiles are ejected U.S. Patent No. Sweeny et al., issued to Sweeny et al. is from the chamber into the barrel and expelled from the gun. directed to deterrent ammunition which takes the form of a (2) In a variant of the invention, the bug killing gun further liquid-filled hollow ball. The projectile assembly is fired from includes a safety mechanism. The safety mechanism is an oversized tubular barrel extension on the end of a shotgun. moved from a firing permitting position to a firing preventing The projectile assembly contains deterrent ammunition 50 position by the gun cocking action. The firing preventing which upon rupture may control flies or other insects. position prevents activation of the compressed gas release U.S. Patent Application No. 2006/0283433, published for mechanism and is indicated to a user by automatic movement Gerardo is directed to a projection apparatus using pressur of a primary external safety lever to a first, safe position. The ized air. The device comprises a gun-like device, an air cham firing permitting position permits activation of the com ber with a trigger with a valve inside of connector that con- 55 pressed gas release mechanism and is indicated to the user by nects the air chamber to the barrel. The air chamber can be manual movement by the user of the external safety lever to a filled with compressed air and after loading the gun with an second, firing position. object to be fired from barrel the operator then opens the valve (3) In another variant, a secondary safety indicator is pro to allow the air pressure out of chamber releasing the air from vided. The secondary safety indicator is moved from a hidden the chamber under operation of trigger and the projectile is 60 position to a visible position by the gun cocking action and is released from the barrel. moved to the hidden position by activation of the compressed U.S. Pat. No. 7,207,497, issued to Clark is directed to a dry gas release mechanism. flake sprayer and method which is used to spray dry flakes (4) In still another variant, the compressed gas source is utilizing a pressurized gas source. The flake spraying device selected from the group that includes a prefilled CO car includes a spray module and a gun module wherein the spray 65 tridge, a refillable compressed gas cylinder, a pneumatically module comprises an enclosure with a gas flow conduit and a pumped gas reservoir, a spring-activated compressed gas flake conduit. A Supply of dry flakes is placed into the enclo chamber and an external compressed gas line. Case 1:20-cv-01567-UNA Document 1-1 Filed 11/20/20 Page 20 of 29 PageID #: 38
US 8,251,051 B2 3 4 (5) In yet another variant, the spring-activated compressed release mechanism. This permits the compressed gas to eject gas chamber further includes a cylinder. The cylinder has a the particulate projectiles from the chamber and through the front end and a rear end and is fluidly connected to the cham barrel. ber at the front end. A piston is provided. The piston fits (9) In another variant of the invention, the projectile load sealably in the cylinder and is located within it. A compres ing mechanism further includes a mid-chamber pipe. The sion spring is provided. The compression spring urges the pipe extends downwardly from a lower end of the magazine. piston toward the front end. A spring compression mecha A lower portion of the pipe provides a stop for one end of a nism is provided. The compression mechanism urges the return compression spring. A trajectory guide is provided. piston towards the rear end and compresses the compression 10 The guide is located below the lower end of the magazine, has spring. A latching mechanism is provided. The latching a hollow bore sized to fit slidably about the pipe and has a mechanism releasably retains the piston adjacent the rear end vertical slot that extends downwardly from the lower end for and retains the compression spring in a compressed State. A a first predetermined distance. The slot terminates in a stop user performs the gun cocking action, the spring compression ping Surface. The trajectory guide is located about the pipe mechanism is operated, the piston is urged toward the rear end 15 and provides a Support platform for attachment of the projec of the cylinder, the spring is compressed and the spring and tile storage magazine. A metering rod is provided. The rod is the piston are retained by the latching mechanism until cylindrical in shape and is sized to fit slidably within the pipe released, allowing the piston to move rapidly toward the front and has an orthogonal activation bar extending from its lower end of the cylinder. This provides a burst of compressed gas in end. The metering rod has a through hole located above the the cylinder and to the connected chamber. activation bar. The through hole is orthogonal to the bar and (6) In a further variant, the compressed gas release mecha sized and located to align with the chamber when the bar is nism further includes a trigger. The trigger is urged forward positioned against the stopping Surface. The return compres by a trigger return spring. The trigger has an upper notch. The sion spring urges the metering rod upwardly to rest against the upper notch engages an internal safety pivot. The safety pivot lower end of the vertical circular opening in the chamber. A prevents release of the latching mechanism unless the cock 25 subordination pole is provided. The pole has a first end and a ing action is completed. The trigger has an elevating ramp second end and is pivotally mounted to a cover for the com located rewardly of the upper notch. The elevating ramp urges pressed gas source. The first end of the Subordination pole a releasing bracket of the latching mechanism upwardly bears against an upper Surface of the activation bar. The against a downwardly urging compression spring as the trig second end of the Subordination pole is urged upwardly by a ger is moved rearwardly. The releasing bracket moves slid 30 cam upon activation of the gas release mechanism. Upward ably within a vertical channel in the Supporting stock and has movement of the second end of the subordination pole moves a downwardly facing rib. The rib releasably engages an the activation bar downwardly, compresses the return com upwardly facing control notch in a main pole of the latching pression spring and aligns the through hole of the metering mechanism. rod with the chamber. This permits the compressed gas to The main pole is attached to the piston, has an upwardly 35 drive the particulate projectiles out of the chamber and angled ramp at a rear end, located behind the control notch. through the barrel. Downward movement of the second end of The ramp guides the rib into the control notch. The main pole the subordination pole permits the activation bar to move moves rearwardly in a channel in the Supporting stock during upwardly as urged by the return compression spring. This the cocking action. The releasing bracket retains the main allows the particulate projectiles to fill the through hole of the pole in a first, cocked position as the rib engages the control 40 metering rod as it rises in the projectile storage magazine notch. The bracket releases the main pole to a second, fired Surrounded by the particulate projectiles. position as the trigger is moved rearwardly, elevating the (10) In still another variant, the spring compression mecha releasing bracket and raising the rib from the control notch. nism further includes a primary gear rack. The gear rack is This allows the main pole and the piston to move forward as slidably located in a channel in the Supporting Stock, has gear urged by the compression spring, pressurizing the cylinder. 45 teeth located upon an upper Surface and has mounting fixtures (7) In still a further variant, the projectile storage magazine adjacent a forward end for attachment of a slide handle. A further includes an upward facing conical container. The con reduction gear drive is provided. The gear drive is mounted to tainer has a circular opening at a lower end. The lower end is an outer cover of the cylinder. A secondary gear rack is fitted Sealably to an upper end of a vertical circular opening provided. The secondary rack is attached indirectly to the through the chamber. The container has a sealing lid remov 50 piston and is located slidably in a slot in the outer cover above ably attached at an upper end. the reduction gear drive. The primary gear rack engages the (8) In yet a further variant, the projectile loading mecha reduction gear drive and the reduction gear drive engaging the nism further includes a metering rod. The metering rod is secondary gear rack. Rearward movement of the slide handle sized and shaped to fit sealably through the vertical circular moves the primary gear rack rearward, rotates the reduction opening through the chamber and has an orthogonal activa 55 gear drive, moves the secondary gear rack rearward and tion bar extending from its lower end and a through hole moves the piston rearward, compressing the compression located above the activation bar. The through hole is orthogo Spring. nal to the bar and sized and located to align with the chamber (11) In yet another variant, the upper Surface of the primary when the bar is positioned against a stopping Surface. The gear rack maintains a first end of an internal safety pivot in an activation bar is urged upwardly by a return compression 60 elevated position during rearward movement. This causes a spring to rest against the lower end of the vertical circular second end of the pivot, which has a downward facing notch, opening in the chamber. to engage an upper notch at an upper end of a trigger of the The through hole fills with the particulate projectiles when compressed gas release mechanism, thereby preventing acti located above the chamber in the conical container during the Vation of the mechanism. The upper Surface permits down cocking action. The activation bar is urged downwardly by a 65 ward movement of the internal safety pivot, as urged by a coil pivotally mounted Subordination pole to rest against the stop spring, upon completion of forward movement of the primary ping Surface just after activation of the compressed gas gear rack. The downward movement permits release of the Case 1:20-cv-01567-UNA Document 1-1 Filed 11/20/20 Page 21 of 29 PageID #: 39
US 8,251,051 B2 5 6 downward facing notch from the trigger and permits activa and is in a closed position as the piston moves from the tion of the gas release mechanism. extended position to the compressed position. The outlet (12) In a further variant, completion of forward movement valve is in a closed position as the piston moves from the of the primary gear rack is indicated to a user by an auditory compressed position to the extended position and is in an indicator. The indicator includes a spring-driven pin and a open position as the piston moves from the extended position receiving detent. The detent is located at a distal end of a side to the compressed position. Surface of the primary gear rack and the spring-driven pin is The air reservoir is fluidly connected to the outlet valve and located on an interior Surface of the Support stock adjacent the the chamber. The projectile loading mechanism permits a primary gear rack. The spring-driven pin enters the detent predetermined charge of compressed gas to enter the chamber upon completion of forward movement of the primary gear 10 upon activation of the compressed gas release mechanism. rack providing an auditory signal to the user. Repeated movement of the piston by the pumping mechanism (13) In still a further variant, the support stock further from the extended position to the compressed position within includes a sight glass. The sight glass is positioned adjacent the cylinder will increase pressure within the air reservoir, the magazine and permits a view of a level of the particulate permitting the particulate projectiles to be ejected from the projectiles contained in the magazine. 15 chamber with increased force upon release of the pressure by (14) In yet a further variant, the gun uses a prefilled CO, the compressed gas release mechanism. cartridge as a compressed gas source and the gun further (17) In still another variant, the compressed gas release includes a cylindrical cartridge chamber. The cartridge cham mechanism further includes a trigger. The trigger is urged ber is sized and shaped to enclose a CO cartridge and has a forward by a trigger return spring. The trigger has an upper sealable opening at a first end for introduction of the car notch. The upper notch engages an internal safety pivot. The tridge. A concave seat located at a second end is provided. The safety pivot prevents activation of the compressed gas release seat is sized and shaped to fit sealably about a discharging end mechanism unless the cocking action is completed. The trig of the cartridge. A hollow puncturing needle is located within ger has an elevating ramp located rewardly of the upper notch. the seat. A sealing cap is provided. The cap is removably The elevating ramp urges a releasing bracket of the latching attached to the cartridge chamber by mating screw threads. 25 mechanism upwardly against a downwardly urging compres Tightening of the cap urges the cartridge against the punctur sion spring as the trigger is moved rearwardly. The releasing ing needle. A pressure vessel is provided. The pressure vessel bracket moves slidably within a vertical channel in the Sup is fluidly connected to a metering device. The metering device porting Stock and has a downwardly facing rib. The rib releas permits a predetermined charge of compressed gas to enter ably engages an upwardly facing control notch in a loading the chamber upon activation of the compressed gas release 30 rod. The loading rod is urged forward by a loading coil spring, mechanism. has an upwardly angled ramp at a rear end, located behind the (15) In still a further variant, the compressed gas release control notch. The ramp guides the rib into the control notch. mechanism further includes a trigger. The trigger is urged The loading rod moves rearwardly in a channel in the forward by a trigger return spring. The trigger has an upper Supporting stock during the cocking action. The releasing notch. The upper notch engages an internal safety pivot. The 35 bracket retains the loading rod in a first, cocked position as the safety pivot prevents activation of the compressed gas release rib engages the control notch. The releasing bracket releases mechanism unless the cocking action is completed. The trig the loading rod to a second, fired position as the trigger is ger has an elevating ramp located rewardly of the upper notch. moved rearwardly, elevating the releasing bracket and raising The elevating ramp urges a releasing bracket of the latching the rib from the control notch. This allows the loading rod to mechanism upwardly against a downwardly urging compres 40 move forward as urged by the loading coil spring. The loading sion spring as the trigger is moved rearwardly. The releasing rod activates the projectile loading mechanism. bracket moves slidably within a vertical channel in the Sup (18) In yet another variant, the gun uses a refillable com porting Stock and has a downwardly facing rib. The rib releas pressed gas cylinder as a compressed gas source. The cylinder ably engages an upwardly facing control notch in a loading has a shut off valve and an attachment fitting located adjacent rod. The loading rod is urged forward by a loading coil spring, 45 a first end. A mating attachment fitting is provided. The mat has an upwardly angled ramp at a rear end, located behind the ing fitting is mounted to the Support stock and is fluidly control notch. The ramp guides the rib into the control notch. connected to a metering device. The metering device is fluidly The loading rod moves rearwardly in a channel in the connected to the chamber and the metering device permits a Supporting stock during the cocking action. The releasing predetermined charge of compressed gas to enter the chamber bracket retains the loading rod in a first, cocked position as the 50 upon activation of the compressed gas release mechanism. A rib engages the control notch. The releasing bracket releases charged refillable compressed gas cylinder is attached to the the loading rod to a second, fired position as the trigger is mating attachment fitting, the shut off valve is opened and the moved rearwardly, elevating the releasing bracket and raising compressed gas is released by the metering device upon acti the rib from the control notch. This allows the loading rod to Vation of the compressed gas release mechanism. move forward as urged by the loading coil spring. The loading 55 (19) Inafurther variant, the compressed gas release mecha rod activates the projectile loading mechanism and the meter nism further includes a trigger. The trigger is urged forward ing device. by a trigger return spring. The trigger has an upper notch. The (16) In another variant of the invention, the gun uses a upper notch engages an internal safety pivot. The safety pivot pneumatically pumped air reservoir as a compressed gas prevents activation of the compressed gas release mechanism Source and the gun further includes a gas cylinder. The cyl 60 unless the cocking action is completed. The trigger has an inder has an inlet valve and an outlet valve. A piston is elevating ramp located rewardly of the upper notch. The provided. The piston fits sealably within the cylinder. A elevating ramp urges a releasing bracket of the latching pumping mechanism is provided. The pumping mechanism is mechanism upwardly against a downwardly urging compres mechanically linked to the piston and moves the piston from sion spring as the trigger is moved rearwardly. The releasing an extended position to a compressed position within the 65 bracket moves slidably within a vertical channel in the Sup cylinder. The inlet valve is in an open position as the piston porting Stock and has a downwardly facing rib. The rib releas moves from the compressed position to the extended position ably engages an upwardly facing control notch in a loading Case 1:20-cv-01567-UNA Document 1-1 Filed 11/20/20 Page 22 of 29 PageID #: 40
US 8,251,051 B2 7 8 rod. The loading rod is urged forward by a loading coil spring, FIG. 2 is a side elevation of the FIG. 1 embodiment illus has an upwardly angled ramp at a rear end, located behind the trating the flattened lower Surfaces of the pistol grip and control notch. The ramp guides the rib into the control notch. forearm and the external safety; The loading rod moves rearwardly in a channel in the FIG. 3 is a side elevational cross-section of the FIG. 1 Supporting stock during the cocking action. The releasing embodiment illustrating the projectile loading mechanism in bracket retains the loading rod in a first, cocked position as the the firing position; rib engages the control notch. The releasing bracket releases FIG. 3A is a partial side elevational cross-section of the the loading rod to a second, fired position as the trigger is FIG. 1 embodiment illustrating details of the trigger and moved rearwardly, elevating the releasing bracket and raising latching mechanism; the rib from the control notch. This allows the loading rod to 10 FIG. 3B is a partial side elevational cross-section of the move forward as urged by the loading coil spring. The loading FIG. 1 embodiment illustrating details of the auditory indi rod activates the projectile loading mechanism and the meter cator for completed forward movement of the primary gear ing device. rack; (20) In yet a further variant, the gun uses an external com FIG.3C is a cross-sectional detailed view of the projectile pressed gas line as a compressed gas source and the gun storage magazine and projectile loading mechanism in the 15 firing position taken along the line 3C-3C: further includes an external compressed gas line. The line is connected to a compressed gas source and has a shut off valve FIG. 3D is a cross-sectional detailed view of the projectile and an attachment fitting located adjacent a first end. A mat storage magazine and projectile loading mechanism in the ing attachment fitting is provided. The mating fitting is projectile loading position taken along the line 3C-3C: mounted to the Support stock and is fluidly connected to a FIG. 4 is a side elevational cross-section of the FIG. 1 metering device. The metering device is fluidly connected to embodiment illustrating the projectile loading mechanism in the chamber. The metering device permits a predetermined the loading position; charge of compressed gas to enter the chamber upon activa FIG. 5 is a partial side elevational cross-section of the FIG. tion of the compressed gas release mechanism. The external 1 embodiment further illustrating details of the trigger and compressed gas line is attached to the mating attachment latching mechanism in the cocked position and illustrating fitting, the shut off valve is opened and the compressed gas is 25 the sight/firing ready indicator in the elevated position; released by the metering device upon activation of the com FIG. 6 is a partial side elevational cross-section of the FIG. pressed gas release mechanism. 1 embodiment further illustrating details of the trigger and (21) In still a further variant, the compressed gas release latching mechanism in the cocked position and illustrating mechanism further includes a trigger. The trigger is urged the sight/firing ready indicator in the lowered position; forward by a trigger return spring. The trigger has an upper 30 FIG. 7 is a side cross-sectional view of the manual safety in notch. The upper notch engages an internal safety pivot. The the safe position illustrating the blocking of movement of the safety pivot prevents activation of the compressed gas release trigger, mechanism unless the cocking action is completed. The trig FIG. 8 is a side cross-sectional view of the manual safety in ger has an elevating ramp located rewardly of the upper notch. the fire position illustrating the unblocking of movement of The elevating ramp urges a releasing bracket of the latching the trigger prior to firing; mechanism upwardly against a downwardly urging compres 35 FIG.9 is a side cross-sectional view of the manual safety in sion spring as the trigger is moved rearwardly. The releasing the fire position illustrating rearward movement of the trigger bracket moves slidably within a vertical channel in the Sup during firing; porting Stock and has a downwardly facing rib. The rib releas FIG.10 is a side cross-sectional view of the FIG. 1 embodi ably engages an upwardly facing control notch in a loading ment illustrating the spring-activated compressed gas cham rod. The loading rod is urged forward by a loading coil spring, 40 ber as the bug gun is firing; has an upwardly angled ramp at a rear end, located behind the FIG.11 is a side cross-sectional view of the FIG. 1 embodi control notch. The ramp guides the rib into the control notch. ment illustrating the spring-activated compressed gas cham The loading rod moves rearwardly in a channel in the ber with the bug gun in cocked position; Supporting stock during the cocking action. The releasing FIG. 12 is a side cross-sectional view of a CO powered bracket retains the loading rod in a first, cocked position as the 45 embodiment of the bug gun illustrating the metering device rib engages the control notch. The releasing bracket releases and latching mechanism in the cocked position; the loading rod to a second, fired position as the trigger is FIG. 13 is a side cross-sectional view of the FIG. 12 moved rearwardly, elevating the releasing bracket and raising embodiment of bug gun illustrating the metering device and the rib from the control notch. This allows the loading rod to latching mechanism in the fired position; move forward as urged by the loading coil spring. The loading 50 FIG. 14 is a side cross-sectional view of a refillable air rod activates the projectile loading mechanism and the meter cylinder powered embodiment of the bug gun illustrating ing device. attachment of the cylinder and connection to the metering (22) In a final variant of the invention, a pistol grip and a device; forearm of the support stock have flattened lower surfaces. FIG. 15 is a side cross-sectional view of an external com The flattened surfaces permit the bug killing gun to be bal 55 pressed gas line powered embodiment of the bug gun illus anced in an upright position for adding the particulate pro trating attachment of the gas line and connection to the meter jectiles to the projectile storage magazine. ing device; and An appreciation of the other aims and objectives of the FIG. 16 is a side cross-sectional view of a pneumatically present invention and an understanding of it may be achieved pump powered embodiment of the bug gun illustrating the by referring to the accompanying drawings and the detailed 60 pumping mechanism and Valving connecting to the metering description of a preferred embodiment. device. DESCRIPTION OF THE DRAWINGS DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENT FIG. 1 is a perspective view of the preferred embodiment of 65 the invention including an illustration of the magazine and (1) FIGS. 1-11 illustrate a bug killing gun 10 providing the sightglass: desired features that may be constructed from the following Case 1:20-cv-01567-UNA Document 1-1 Filed 11/20/20 Page 23 of 29 PageID #: 41
US 8,251,051 B2 10 components. As illustrated in FIGS. 10 and 11, a compressed the spring tensioning mechanism 126 is operated, the piston gas source 14 is provided. A chamber 18 is provided. The 118 is urged toward the rear end 114 of the cylinder 106, the chamber 18 is fluidly connected to the compressed gas source spring 122 is stretched and the spring 122 and the piston 118 14. A barrel 22 is provided. The barrel 22 is located at a distal are retained by the latching mechanism 130 until released, end 26 of the chamber 18. As illustrated in FIGS. 5 and 6, a allowing the piston 118 to move rapidly toward the front end compressed gas release mechanism 30 is provided. The 110 of the cylinder 106. This provides a burst of compressed release mechanism 30 is connected to the compressed gas gas 138 in the cylinder 106 and to the connected chamber 18. source 14. As illustrated in FIGS. 1-4, 10 and 11, a projectile (6) In a further variant, as illustrated in FIGS. 5 and 6, the storage magazine 34 is provided. The magazine 34 stores compressed gas release mechanism 30 further includes a particulate projectiles 38 and is located adjacent the chamber 10 trigger 142. The trigger 142 is urged forward by a trigger 18. A projectile loading mechanism 42 is provided. The load return spring 146. The trigger 142 has an upper notch 150. ing mechanism 42 moves the particulate projectiles 38 into The upper notch 150 engages an internal safety pivot 154. The the chamber 18 from the magazine 34. A cocking mechanism safety pivot 154 prevents release of the latching mechanism 46 is mechanically connected to the compressed gas source 14, the compressed gas release mechanism 30, and the pro 15 130 unless the cocking action is completed. The trigger 142 jectile loading mechanism 42. A stock 50 is provided. The has an elevating ramp 158 located rewardly of the upper notch stock 50 houses and Supports the compressed gas source 14, 150. The elevating ramp 158 urges a releasing bracket 162 of the compressed gas release mechanism 30, the barrel 22, the the latching mechanism 130 upwardly against a downwardly chamber 18, the projectile storage magazine 34, the cocking urging compression spring 166 as the trigger 142 is moved mechanism 46 and the projectile loading mechanism 42. rearwardly. The releasing bracket 162 moves slidably within When the gun 10 is cocked by the cocking mechanism 46, the a vertical channel 170 in the supporting stock 50 and has a projectile loading mechanism 42 gathers a predetermined downwardly facing rib 174. The rib 174 releasably engages quantity of the particulate projectiles 38 and positions the an upwardly facing control notch 178 in a main pole 182 of projectiles 38 in the chamber 18. When the compressed gas the latching mechanism 130. release mechanism 30 is activated the projectiles 38 are 25 As illustrated in FIGS. 10 and 11, the main pole 182 is ejected from the chamber 18 into the barrel 22 and expelled attached to the piston 118, has an upwardly angled ramp 186 from the gun 10. at a rear end 190, located behind the control notch 178. The (2) In a variant of the invention, as illustrated in FIGS. 7-9, ramp 186 guides the rib 174 into the control notch 178. The the bug killing gun 10 further includes a safety mechanism 54. main pole 182 moves rearwardly in a channel 194 in the The safety mechanism 54 is moved from a firing permitting 30 Supporting Stock 50 during the cocking action, as illustrated position 58 to a firing preventing position 62 by the gun in FIGS. 3A, 5 and 6. The releasing bracket 162 retains the cocking action. The firing preventing position 62 prevents main pole 182 in a first, cocked position 198 as the rib 174 activation of the compressed gas release mechanism 30 and is engages the control notch 178. The bracket 162 releases the indicated to a user by automatic movement of a primary main pole 182 to a second, fired position 202 as the trigger external safety lever 66 to a first, safe position 70. The firing 35 142 is moved rearwardly, elevating the releasing bracket 162 permitting position 58 permits activation of the compressed and raising the rib 174 from the control notch 178. This allows gas release mechanism 30 and is indicated to the user by the main pole 182 and the piston 118 to move forward as manual movement by the user of the external safety lever 66 urged by the tension spring 122, pressurizing the cylinder to a second, firing position 74, as illustrated in FIG. 2. 106. (3) In another variant, as illustrated in FIGS. 1, 2,3A, 5 and 40 (7) In still a further variant, the projectile storage magazine 6, a secondary safety indicator 78 is provided. The secondary 34 further includes an upward facing conical container 206. safety indicator 78 is moved from a hidden position 82 to a The container 206 has a circular opening 210 at a lower end visible position 86 by the gun cocking action and is moved to 214. The lower end 214 is fitted sealably to an upper end 218 the hidden position 82 by activation of the compressed gas of a vertical circular opening 222 through the chamber 18. release mechanism 30. 45 The container 206 has a sealing lid 226 removably attached at (4) In still another variant, the compressed gas source 14 is an upper end 230. selected from the group that includes a prefilled CO, cartridge (8) In yet a further variant, as illustrated in FIGS. 3,3C, 3D, 88 as illustrated in FIGS. 12 and 13, a refillable compressed 4, 10 and 11, the projectile loading mechanism 42 further gas cylinder 90 as illustrated in FIG. 14, a pneumatically includes a metering rod 234. The metering rod 234 is sized pumped air reservoir 94 as illustrated in FIG. 16, a spring 50 and shaped to fit sealably through the vertical circular open activated compressed gas chamber 98, as illustrated in FIGS. ing 222 through the chamber 18 and has an orthogonal acti 10 and 11, and an external compressed gas line 102 as illus vation bar 238 extending from its lower end 242 and a through trated in FIG. 15. hole 246 located above the activation bar 238. The through (5) In yet another variant, as illustrated in FIGS. 10 and 11, hole 246 is orthogonal to the bar 238 and sized and located to the spring-activated compressed gas chamber 98 further 55 align with the chamber 18 when the bar 238 is positioned includes a cylinder 106. The cylinder 106 has a front end 110 against a stopping surface 250. The activation bar 238 is urged and a rear end 114 and is fluidly connected to the chamber 18 upwardly by a return compression spring 254 to rest against a at the front end 110. A piston 118 is provided. The piston 118 lower end 258 of the vertical circular opening 222 in the fits sealably in the cylinder 106 and is located within it. A chamber 18. tension spring 122 is provided. The tension spring 122 urges 60 The through hole 246 fills with the particulate projectiles the piston 118 toward the front end 110. A spring tensioning 38 when located above the chamber 18 in the conical con mechanism 126 is provided. The tensioning mechanism 126 tainer 206 during the cocking action. The activation bar 238 is urges the piston 118 towards the rear end 114 and stretches the urged downwardly by a pivotally mounted Subordination pole tension spring 122. A latching mechanism 130 is provided. 262 to rest against the stopping surface 250 just after activa The latching mechanism 130 releasably retains the piston 118 65 tion of the compressed gas release mechanism 30. This per adjacent the rear end 114 and retains the tension spring 122 in mits the compressed gas 138 to eject the particulate projec a stretched State 134. A user performs the gun cocking action, tiles 38 from the chamber 18 and through the barrel 22. Case 1:20-cv-01567-UNA Document 1-1 Filed 11/20/20 Page 24 of 29 PageID #: 42
US 8,251,051 B2 11 12 (9) In another variant of the invention, the projectile load of a trigger 142 of the compressed gas release mechanism 30, ing mechanism 42 further includes a mid-chamber pipe 266. thereby preventing activation of the mechanism30. The upper The pipe 266 extends downwardly from a lower end 258 of surface 346 permits downward movement of the internal the magazine 34. A lower portion 282 of the pipe 266 provides safety pivot 154, as urged by a coil spring 394, upon comple a stop 286 for one end 290 of a return compression spring 294. tion of forward movement of the primary gear rack 334. The A trajectory guide 298 is provided. The guide 298 is located downward movement permits release of the downward facing below the lower end 258 of the magazine 34, has a hollow notch 386 from the trigger 142 and permits activation of the bore 302 sized to fit slidably about the pipe 266 and has a gas release mechanism 30. vertical slot306 that extends downwardly from the lower end (12) In a further variant, as illustrated in FIG. 3B, comple 258 for a first predetermined distance 308. The slot 306 ter 10 tion of forward movement of the primary gear rack 334 is minates in a stopping surface 250. The trajectory guide 298 is indicated to a user by an auditory indicator 398. The indicator located about the pipe 266 and provides a support platform 398 includes a spring-driven pin 402 and a receiving detent 310 for attachment of the projectile storage magazine 34. A 406. The detent 406 is located at a distal end 410 of a side metering rod 234 is provided. The rod 234 is cylindrical in Surface 414 of the primary gear rack 334 and the spring shape and is sized to fit slidably within the pipe 266 and has an 15 driven pin 402 is located on an interior surface 418 of the orthogonal activation bar 238 extending from its lower end support stock 50 adjacent the primary gear rack 334. The 242. The metering rod 234 has a through hole 246 located spring-driven pin 402 enters the detent 406 upon completion above the activation bar 238. The through hole 246 is orthogo of forward movement of the primary gear rack 334 providing nal to the bar 238 and sized and located to align with the an auditory signal to the user. chamber 18 when the bar 238 is positioned against the stop (13) In still a further variant, as illustrated in FIGS. 1 and 2. ping Surface 250. A return compression spring 254 urges the the support stock 50 further includes a sight glass 422. The metering rod 234 upwardly to rest against a lower end 258 of sight glass 422 is positioned adjacent the magazine 34 and the vertical circular opening 222 in the chamber 18. A subor permits a view of a level 426 of the particulate projectiles 38 dination pole 262 is provided. The pole 262 has a first end 314 contained in the magazine 34. and a second end 318 and is pivotally mounted to a cover 322 25 (14) In yet a further variant, as illustrated in FIGS. 12 and for the compressed gas source 14. The first end 314 of the 13, the gun 10 uses a prefilled CO cartridge 88 as a com subordination pole 262 bears against an upper surface 326 of pressed gas source 14 and the gun 10 further includes a the activation bar 238. The second end 318 of the subordina cylindrical cartridge chamber 434. The cartridge chamber tion pole 262 is urged upwardly by a cam 330 upon activation 434 is sized and shaped to enclose the CO cartridge 88 and of the gas release mechanism 30. Upward movement of the 30 has a sealable opening 438 at a first end 442 for introduction second end 318 of the subordination pole 262 moves the of the cartridge 88. A concave seat 446 located at a second end activation bar 238 downwardly, compresses the return com 450 is provided. The seat 446 is sized and shaped to fit pression spring 254 and aligns the through hole 246 of the sealably about a discharging end 454 of the cartridge 88. A metering rod 234 with the chamber 18. This permits the hollow puncturing needle 458 is located within the seat 446 A compressed gas 138 to drive the particulate projectiles 38 out 35 sealing cap 466 is provided. The cap 466 is removably of the chamber 18 and through the barrel 22. Downward attached to the cartridge chamber 434 by mating screw movement of the second end 318 of the subordination pole threads 470. Tightening of the cap 466 urges the cartridge 88 262 permits the activation bar 238 to move upwardly as urged against the puncturing needle 458. A pressure vessel 474 is by the return compression spring 254. This allows the par provided. The pressure vessel 474 is fluidly connected to a ticulate projectiles 38 to fill the through hole 246 of the 40 metering device 478. The metering device 478 permits a metering rod 234 as it rises in the projectile storage magazine predetermined charge of compressed gas 138 to enter the 34 surrounded by the particulate projectiles 38. chamber 18 upon activation of the compressed gas release (10) In still another variant, as illustrated in FIGS. 1, 2, 4, mechanism 30. 10 and 11, the spring compression mechanism 126 further (15) In still a further variant, as illustrated in FIGS. 3A, 5, includes a primary gear rack 334. The gear rack 334 is slid 45 6, 12 and 13, the compressed gas release mechanism 30 ably located in a channel 338 in the supporting stock 50, has further includes a trigger 142. The trigger 142 is urged for gear teeth 342 located upon an upper Surface 346 and has ward by a trigger return spring 146. The trigger has an upper mounting fixtures 350 adjacent a forward end 354 for attach notch 150. The upper notch 150 engages an internal safety ment of a slide handle 358. A reduction gear drive 362 is pivot 154. The safety pivot 154 prevents activation of the provided. The gear drive 362 is mounted to an outer cover 366 50 compressed gas release mechanism 30 unless the cocking of the cylinder 106. A secondary gear rack 370 is provided. action is completed. The trigger 142 has an elevating ramp The secondary rack 370 is attached indirectly to the piston 158 located rewardly of the upper notch 150. The elevating 118 and is located slidably in a slot (not shown) in the outer ramp 158 urges a releasing bracket 162 of the latching mecha cover 366 above the reduction gear drive 362. The primary nism 130 upwardly against a downwardly urging compres gear rack 334 engages the reduction gear drive 362 and the 55 sion spring 166 as the trigger 142 is moved rearwardly. The reduction gear drive 362 engages the secondary gear rack releasing bracket 162 moves slidably within a vertical chan 370. Rearward movement of the slide handle 358 moves the nel 170 in the supporting stock 50 and has a downwardly primary gear rack rearward 334, rotates the reduction gear facing rib 174. The rib 174 releasably engages an upwardly drive 362, moves the secondary gear rack 370 rearward and facing control notch 482 in a loading rod 486. The loading rod moves the piston 118 rearward, compressing the compression 60 486 is urged forward by a loading coil spring 490, has an spring 122. upwardly angled ramp 494 at a rear end 498, located behind (11) In yet another variant, as illustrated in FIGS. 3 and 4, the control notch 482. The ramp 494 guides the rib 174 into the upper surface 346 of the primary gear rack 334 maintains the control notch 482. a first end 374 of an internal safety pivot 154 in an elevated The loading rod 486 moves rearwardly in a channel (not position 378 during rearward movement. This causes a sec 65 shown) in the Supporting stock 50 during the cocking action. ond end 382 of the pivot 154, which has a downward facing The releasing bracket 162 retains the loading rod 486 in a first, notch 386, to engage an upper notch 150 at an upper end 390 cocked position 502 as the rib 174 engages the control notch Case 1:20-cv-01567-UNA Document 1-1 Filed 11/20/20 Page 25 of 29 PageID #: 43
US 8,251,051 B2 13 14 482. The releasing bracket 162 releases the loading rod 486 to (18) In yet another variant, as illustrated in FIG. 14, the gun a second, fired position 506 as the trigger 142 is moved 10 uses a refillable compressed gas cylinder 90 as a com rearwardly, elevating the releasing bracket 162 and raising the pressed gas source 14. The cylinder 90 has a shutoff valve 574 rib 174 from the control notch 482. This allows the loading and an attachment fitting 578 located adjacent a first end 582. rod 486 to move forward as urged by the loading coil spring A mating attachment fitting 586 is provided. The mating 490. The loading rod 486 activates the projectile loading fitting 586 is mounted to the support stock 50 and is fluidly mechanism 42 and the metering device 478. connected to a metering device 478. The metering device 478 (16) In another variant of the invention, as illustrated in is fluidly connected to the chamber 18 and the metering FIG.16, the gun 10 uses a pneumatically pumped air reservoir device 478 permits a predetermined charge of compressed 94 as a compressed gas source 14 and the gun 10 further 10 gas 138 to enter the chamber 18 upon activation of the com includes a gas cylinder 514. The cylinder 514 has an inlet pressed gas release mechanism 30. A charged refillable com valve 518 and an outlet valve 522. A piston 526 is provided. pressed gas cylinder 90 is attached to the mating attachment The piston 526 fits sealably within the cylinder 514. A pump fitting 586, the shut off valve 574 is opened and the com ing mechanism 530 is provided. The pumping mechanism pressed gas 138 is released by the metering device 478 upon 530 is mechanically linked to the piston 526 and moves the 15 activation of the compressed gas release mechanism 30. piston 526 from an extended position 534 to a compressed (19). In a further variant, as illustrated in FIGS. 3A, 5, 6, 12 position 538 within the cylinder 514. The inlet valve 518 is in and 13, the compressed gas release mechanism 30 further an open position 542 as the piston 526 moves from the com includes a trigger 142. The trigger 142 is urged forward by a pressed position 538 to the extended position 534 and is in a trigger return spring 146. The trigger has an upper notch 150. closed position (not shown) as the piston 526 moves from the The upper notch 150 engages an internal safety pivot 154. The extended position 534 to the compressed position 538. The safety pivot 154 prevents activation of the compressed gas outlet valve 522 is in a closed position 550 as the piston moves release mechanism 30 unless the cocking action is completed. 526 from the compressed position 538 to the extended posi The trigger 142 has an elevating ramp 158 located rewardly of tion 534 and is in an open position (not shown) as the piston the upper notch 150. The elevating ramp 158 urges a releasing 526 moves from the extended position 534 to the compressed 25 bracket 162 of the latching mechanism 130 upwardly against position 538. a downwardly urging compression spring 166 as the trigger The air reservoir 94 is fluidly connected to the outlet valve 142 is moved rearwardly. The releasing bracket 162 moves 522 and said chamber 18. The projectile loading mechanism slidably within a vertical channel 170 in the supporting stock 42 permits a predetermined charge of compressed gas 138 to 50 and has a downwardly facing rib 174. The rib 174 releas enter the chamber 18 upon activation of the compressed gas 30 ably engages an upwardly facing control notch 482 in a load release mechanism 30. Repeated movement of the piston 526 ing rod 486. The loading rod 486 is urged forward by a by the pumping mechanism 530 from the extended position loading coil spring 490, has an upwardly angled ramp 494 at 534 to the compressed position 538 within the cylinder 514 a rear end 498, located behind the control notch 482. The will increase pressure within the air reservoir 94, permitting ramp 494 guides the rib 174 into the control notch 482. the particulate projectiles 38 to be ejected from the chamber 35 The loading rod 486 moves rearwardly in a channel 498 in 18 with increased force upon release of the pressure by the the Supporting Stock 50 during the cocking action. The releas compressed gas release mechanism 30. ing bracket 162 retains the loading rod 486 in a first, cocked (17) In still another variant, as illustrated in FIGS. 3A, 5, 6, position502 as the rib 174 engages the control notch 482. The 12 and 13, the compressed gas release mechanism 30 further releasing bracket 162 releases the loading rod 486 to a sec includes a trigger 142. The trigger 142 is urged forward by a 40 ond, fired position 506 as the trigger 142 is moved rearwardly, trigger return spring 146. The trigger has an upper notch 150. elevating the releasing bracket 162 and raising the rib 174 The upper notch 150 engages an internal safety pivot 154. The from the control notch 482. This allows the loading rod 486 to safety pivot 154 prevents activation of the compressed gas move forward as urged by the loading coil spring 490. The release mechanism 30 unless the cocking action is completed. loading rod 486 activates the projectile loading mechanism The trigger 142 has an elevating ramp 158 located rewardly of 45 42 and the metering device 478. the upper notch 150. The elevating ramp 158 urges a releasing (20) In yet a further variant, as illustrated in FIG. 15, the bracket 162 of the latching mechanism 130 upwardly against gun 10 uses an external compressed gas line 102 as a com a downwardly urging compression spring 166 as the trigger pressed gas source 14. The line 102 is connected to a com 142 is moved rearwardly. The releasing bracket 162 moves pressed gas source 592 and has a shut off valve 594 and an slidably within a vertical channel 170 in the supporting stock 50 attachment fitting 598 located adjacent a first end 602. A 50 and has a downwardly facing rib 174. The rib 174 releas mating attachment fitting 606 is provided. The mating fitting ably engages an upwardly facing control notch 482 in a load 606 is mounted to the support stock 50 and is fluidly con ing rod 486. The loading rod 486 is urged forward by a nected to a metering device 478. The metering device 478 is loading coil spring 490, has an upwardly angled ramp 494 at fluidly connected to the chamber 18. The metering device 478 a rear end 498, located behind the control notch 482. The 55 permits a predetermined charge of compressed gas 138 to ramp 494 guides the rib 174 into the control notch 482. enter the chamber 18 upon activation of the compressed gas The loading rod 486 moves rearwardly in a channel 498 in release mechanism 30. The external compressed gas line 102 the Supporting Stock 50 during the cocking action. The releas is attached to the mating attachment fitting 606, the shut off ing bracket 162 retains the loading rod 486 in a first, cocked valve 594 is opened and the compressed gas 138 is released by position502 as the rib 174 engages the control notch 482. The 60 the metering device 478 upon activation of the compressed releasing bracket 162 releases the loading rod 486 to a sec gas release mechanism 30. ond, fired position 506 as the trigger 142 is moved rearwardly, (21) In still a further variant, as illustrated in FIGS. 3A, 5, elevating the releasing bracket 162 and raising the rib 174 6, 12 and 13, 9, the compressed gas release mechanism 30 from the control notch 482. This allows the loading rod 486 to further includes a trigger 142. The trigger 142 is urged for move forward as urged by the loading coil spring 490. The 65 ward by a trigger return spring 146. The trigger has an upper loading rod 486 activates the projectile loading mechanism notch 150. The upper notch 150 engages an internal safety 42. pivot 154. The safety pivot 154 prevents activation of the Case 1:20-cv-01567-UNA Document 1-1 Filed 11/20/20 Page 26 of 29 PageID #: 44
US 8,251,051 B2 15 16 compressed gas release mechanism 30 unless the cocking a safety mechanism, said safety mechanism being moved action is completed. The trigger 142 has an elevating ramp from a firing permitting position to a firing preventing 158 located rewardly of the upper notch 150. The elevating position by said gun cocking action; ramp 158 urges a releasing bracket 162 of the latching mecha said firing preventing position preventing activation of said nism 130 upwardly against a downwardly urging compres compressed gas release mechanism and being indicated sion spring 166 as the trigger 142 is moved rearwardly. The to a user by automatic movement of a primary external releasing bracket 162 moves slidably within a vertical chan safety lever to a first, safe position; and nel 170 in the supporting stock 50 and has a downwardly said firing permitting position permitting activation of said facing rib 174. The rib 174 releasably engages an upwardly compressed gas release mechanism and being indicated facing control notch 482 in a loading rod 486. The loading rod 10 to said user by manual movement by said user of said 486 is urged forward by a loading coil spring 490, has an external safety lever to a second, firing position. upwardly angled ramp 494 at a rear end 498, located behind 3. The bug killing gun, as described in claim 2, further the control notch 482. The ramp 494 guides the rib 174 into comprising a secondary safety indicator, said secondary the control notch 482. The loading rod 486 moves rearwardly in a channel 498 in 15 safety indicator being moved from a hidden position to a the Supporting Stock 50 during the cocking action. The releas visible position by said gun cocking action and being moved ing bracket 162 retains the loading rod 486 in a first, cocked to said hidden position by activation of said compressed gas position502 as the rib 174 engages the control notch 482. The release mechanism. releasing bracket 162 releases the loading rod 486 to a sec 4. The bug killing gun, as described in claim 1, wherein ond, fired position 506 as the trigger 142 is moved rearwardly, said compressed gas source is selected from the group com elevating the releasing bracket 162 and raising the rib 174 prising: from the control notch 482. This allows the loading rod 486 to a prefilled CO cartridge, a refillable compressed gas cyl move forward as urged by the loading coil spring 490. The inder, a pneumatically pumped gas reservoir, a spring loading rod 486 activates the projectile loading mechanism activated compressed gas chamber and an external com 42 and the metering device 478. 25 pressed gas line. (22) In a final variant of the invention, as illustrated in FIG. 5. The bug killing gun, as described in claim 4, wherein 2, a pistol grip 610 and a forearm 614 of the support stock 50 said spring-activated compressed gas chamber further com have flattened lower surfaces 618, 622. The flattened surfaces prises: 618, 622 permit the bug killing gun 10 to be balanced in an a cylinder, said cylinder having a front end and a rear end upright position 626 for adding the particulate projectiles 38 30 and being fluidly connected to said chamber at said front to the projectile storage magazine 34. end; The bug killinggun 10 has been described with reference to a piston, said piston fitting sealably in said cylinder and particular embodiments. Other modifications and enhance being disposed therein; ments can be made without departing from the spirit and a compression spring, said compression spring urging said scope of the claims that follow. 35 piston toward said front end; The invention claimed is: a spring compression mechanism, said compression 1. A bug killing gun, comprising: mechanism urging said piston towards said rear end and a compressed gas source, compressing said compression spring: a chamber, said chamber fluidly connected to said com a latching mechanism, said latching mechanism releasably pressed gas source; 40 retaining said piston adjacent said rear end and retaining a barrel, said barrel disposed at a distal end of said cham said compression spring in a compressed state; and ber; wherein a user performs said gun cocking action, said a compressed gas release mechanism, said release mecha spring compression mechanism is operated, said piston nism connected to said compressed gas source: is urged toward said rear end of said cylinder, said spring a projectile storage magazine, said magazine storing par 45 is compressed and said spring and said piston are ticulate projectiles and being disposed adjacent said retained by said latching mechanism until released chamber; allowing said piston to move rapidly toward said front a projectile loading mechanism, said loading mechanism end of said cylinder, providing a burst of compressed gas moving said particulate projectiles into said chamber in said cylinder and to said connected chamber. from said magazine; 50 6. The bug killing gun, as described in claim 5, wherein a cocking mechanism mechanically connecting said com said compressed gas release mechanism further comprises: pressed gas source, said compressed gas release mecha a trigger, said trigger being urged forward by a trigger nism, and said projectile loading mechanism; return spring; a stock, said stockhousing and Supporting said compressed said trigger having an upper notch, said upper notch engag gas source, said compressed gas release mechanism, 55 ing an internal safety pivot, said safety pivot preventing said barrel, said chamber, said projectile storage maga release of said latching mechanism unless said cocking Zine, said cocking mechanism and said projectile load action is completed; ing mechanism; said trigger having an elevating ramp disposed rewardly of wherein, when said gun is cocked by said cocking mecha said upper notch, said elevating ramp urging a releasing nism, said projectile loading mechanism gathers a pre 60 bracket of said latching mechanism upwardly against a determined quantity of said particulate projectiles and downwardly urging compression spring as said trigger is positions said projectiles in said chamber; and when said moved rearwardly; compressed gas release mechanism is activated said pro said releasing bracket moving slidably within a vertical jectiles are ejected from said chamber into said barrel channel in said Supporting stock and having a down and expelled from said gun. 65 wardly facing rib, said rib releasably engaging an 2. The bug killing gun, as described in claim 1, further upwardly facing control notch in a main pole of said comprising: latching mechanism; Case 1:20-cv-01567-UNA Document 1-1 Filed 11/20/20 Page 27 of 29 PageID #: 45
US 8,251,051 B2 17 18 said main pole being attached to said piston, having an end, said seat being sized and shaped to fit sealably about upwardly angled ramp at a rear end, disposed behind a discharging end of said cartridge, a hollow puncturing said control notch, said ramp guiding said rib into said needle disposed within said seat; control notch, said main pole moving rearwardly in a a sealing cap, said cap being removably attached to said channel in said Supporting Stock during said cocking cartridge chamber by mating screw threads, tightening action; and of said cap urging said cartridge against said puncturing said releasing bracket retaining said main pole in a first, needle; cocked position as said rib engages said control notch a pressure vessel, said pressure vessel being fluidly con and releasing said main pole to a second, fired position as said trigger is moved rearwardly elevating said releas- 10 saidnected to a metering device; and metering device permitting a predetermined charge of ing bracket and raising said rib from said control notch, compressed gas to enter said chamber upon activation of allowing said main pole and said piston to move forward said compressed gas release mechanism. as urged by said compression spring, pressurizing said cylinder. 11. The bug killing gun, as described in claim 10, wherein 7. The bug killing gun, as described in claim 5, wherein 15 saida trigger, compressed gas release mechanism further comprises: said trigger being urged forward by a trigger said spring compression mechanism further comprises: a primary gear rack, said gear rack being slidably disposed return spring; in a channel in said Supporting Stock, having gear teeth said trigger having an upper notch, said upper notch engag disposed upon an upper Surface and having mounting ing an internal safety pivot, said safety pivot preventing fixtures adjacent a forward end for attachment of a slide activation of said compressed gas release mechanism handle; unless said cocking action is completed; a reduction gear drive, said gear drive mounted to an outer said trigger having an elevating ramp disposed rewardly of cover of said cylinder; said upper notch, said elevating ramp urging a releasing a secondary gear rack, said secondary rack attached indi bracket of said latching mechanism upwardly against a rectly to said piston and being disposed slidably in a slot 25 downwardly urging compression spring as said trigger is in said outer cover above said reduction gear drive; moved rearwardly; said primary gear rack engaging said reduction gear drive said releasing bracket moving slidably within a vertical and said reduction gear drive engaging said secondary channel in said Supporting stock and having a down gear rack; and wardly facing rib, said rib releasably engaging an wherein rearward movement of said slide handle moves 30 upwardly facing control notch in a loading rod; said primary gear rack rearward, rotates said reduction said loading rod being urged forward by a loading coil gear drive, moves said secondary gear rack rearward and spring, having an upwardly angled ramp at a rear end, moves said piston rearward, compressing said compres disposed behind said control notch, said ramp guiding Sion spring. 8. The bug killing gun, as described in claim 7, wherein: 35 said rib into said control notch, said loading rod moving said upper Surface of said primary gear rack maintains a rearwardly in a channel in said Supporting stock during first end of an internal safety pivotin an elevated position said cocking action; and during rearward movement, causing a second end of said said releasing bracket retaining said loading rod in a first, pivot, said second end having a downward facing notch, cocked position as said rib engages said control notch to engage an upper notch at an upper end of a trigger of 40 and releasing said loading rod to a second, fired position said compressed gas release mechanism, thereby pre as said trigger is moved rearwardly elevating said releas venting activation of said mechanism; and ing bracket and raising said rib from said control notch, said upper Surface permitting downward movement of said allowing said loading rod to move forward as urged by internal safety pivot, as urged by a coil spring, upon said loading coil spring, said loading rodactivating said completion of forward movement of said primary gear 45 projectile loading mechanism and said metering device. rack, said downward movement permitting release of 12. The bug killing gun, as described in claim 4, wherein said downward facing notch from said trigger and per said gun uses a pneumatically pumped air reservoir as a mitting activation of said gas release mechanism. compressed gas source, said gun further comprising: 9. The bug killing gun, as described in claim 8, wherein a gas cylinder, said cylinder having an inlet valve and an completion of forward movement of said primary gear rack is 50 outlet valve; indicated to a user by an auditory indicator, said indicator a piston, said piston fitting sealably within said cylinder, comprising: a pumping mechanism, said pumping mechanism a spring-driven pin and a receiving detent, said detent dis mechanically linked to said piston, and moving said posedata distalendofa side Surface of said primary gear piston from an extended position to a compressed posi rack and said spring-driven pin disposed on an interior 55 tion within said cylinder; Surface of said Support stock adjacent said primary gear said inlet valve being in an open position as said piston rack; and moves from said compressed position to said extended wherein said spring-driven pin enters said detent upon position and being in a closed position as said piston completion of forward movement of said primary gear moves from said extended position to said compressed rack providing an auditory signal to said user. 60 position; 10. The bug killing gun, as described in claim 4, wherein said outlet valve being in a closed position as said piston said gun uses a prefilled CO cartridge as a compressed gas moves from said compressed position to said extended Source, said gun further comprising: position and being in an open position as said piston a cylindrical cartridge chamber, said cartridge chamber moves from said extended position to said compressed being sized and shaped to enclose the CO cartridge, 65 position; having a sealable opening at a first end for introduction said air reservoir being fluidly connected to said outlet of said cartridge, a concave seat disposed at a second valve and said chamber; Case 1:20-cv-01567-UNA Document 1-1 Filed 11/20/20 Page 28 of 29 PageID #: 46
US 8,251,051 B2 19 20 said projectile loading mechanism permitting a predeter activation of said compressed gas release mechanism mined charge of compressed gas to enter said chamber unless said cocking action is completed; upon activation of said compressed gas release mecha said trigger having an elevating ramp disposed rewardly of nism; and said upper notch, said elevating ramp urging a releasing wherein repeated movement of said piston by said pump bracket of said latching mechanism upwardly against a ing mechanism from said extended position to said com downwardly urging compression spring as said trigger is pressed position within said cylinder will increase pres moved rearwardly; Sure within said air reservoir, permitting said particulate said releasing bracket moving slidably within a vertical projectiles to be ejected from said chamber with channel in said Supporting stock and having a down increased force upon release of said pressure by said 10 wardly facing rib, said rib releasably engaging an compressed gas release mechanism. upwardly facing control notch in a loading rod; 13. The bug killing gun, as described in claim 12, wherein said loading rod being urged forward by a loading coil said compressed gas release mechanism further comprises: spring, having an upwardly angled ramp at a rear end, a trigger, said trigger being urged forward by a trigger disposed behind said control notch, said ramp guiding return spring; 15 said rib into said control notch, said loading rod moving said trigger having an upper notch, said upper notch engag rearwardly in a channel in said Supporting stock during ing an internal safety pivot, said safety pivot preventing said cocking action; and activation of said compressed gas release mechanism said releasing bracket retaining said loading rod in a first, unless said cocking action is completed; cocked position as said rib engages said control notch said trigger having an elevating ramp disposed rewardly of and releasing said loading rod to a second, fired position said upper notch, said elevating ramp urging a releasing as said trigger is moved rearwardly elevating said releas bracket of said latching mechanism upwardly against a ing bracket and raising said rib from said control notch, downwardly urging compression spring as said trigger is allowing said loading rod to move forward as urged by moved rearwardly; said loading coil spring, said loading rodactivating said said releasing bracket moving slidably within a vertical 25 projectile loading mechanism and said metering device. channel in said Supporting stock and having a down 16. The bug killing gun, as described in claim 4, wherein wardly facing rib, said rib releasably engaging an said gun uses an external compressed gas line as a com upwardly facing control notch in a loading rod; pressed gas source, said gun further comprising: said loading rod being urged forward by a loading coil an external compressed gas line, said line being connected spring, having an upwardly angled ramp at a rear end, 30 to a compressed gas source and having a shut off valve disposed behind said control notch, said ramp guiding and an attachment fitting disposed adjacent a first end; said rib into said control notch, said loading rod moving a mating attachment fitting, said mating fitting mounted to rearwardly in a channel in said Supporting stock during said Support stock and being fluidly connected to a said cocking action; and metering device; said releasing bracket retaining said loading rod in a first, 35 said metering device being fluidly connected to said cham cocked position as said rib engages said control notch ber and said metering device permitting a predetermined and releasing said loading rod to a second, fired position charge of compressed gas to enter said chamber upon as said trigger is moved rearwardly elevating said releas activation of said compressed gas release mechanism; ing bracket and raising said rib from said control notch, and allowing said loading rod to move forward as urged by 40 wherein said external compressed gas line is attached to said loading coil spring, said loading rodactivating said said mating attachment fitting, said shut off valve is projectile loading mechanism. opened and said compressed gas is released by said 14. The bug killing gun, as described in claim 4, wherein metering device upon activation of said compressed gas said gun uses a refillable compressed gas cylinder as a com release mechanism. pressed gas source, said gun further comprising: 45 17. The bug killing gun, as described in claim 16, wherein a refillable compressed gas cylinder, said cylinder having a said compressed gas release mechanism further comprises: shut off valve and an attachment fitting disposed adja a trigger, said trigger being urged forward by a trigger cent a first end; return spring; a mating attachment fitting, said mating fitting mounted to said trigger having an upper notch, said upper notch engag said Support stock and being fluidly connected to a 50 ing an internal safety pivot, said safety pivot preventing metering device; activation of said compressed gas release mechanism said metering device being fluidly connected to said cham unless said cocking action is completed; ber and said metering device permitting a predetermined said trigger having an elevating ramp disposed rewardly of charge of compressed gas to enter said chamber upon said upper notch, said elevating ramp urging a releasing activation of said compressed gas release mechanism; 55 bracket of said latching mechanism upwardly against a and downwardly urging compression spring as said trigger is wherein a charged refillable compressed gas cylinder is moved rearwardly; attached to said mating attachment fitting, said shut off said releasing bracket moving slidably within a vertical valve is opened and said compressed gas is released by channel in said Supporting stock and having a down said metering device upon activation of said compressed 60 wardly facing rib, said rib releasably engaging an gas release mechanism. upwardly facing control notch in a loading rod; 15. The bug killing gun, as described in claim 14, wherein said loading rod being urged forward by a loading coil said compressed gas release mechanism further comprises: spring, having an upwardly angled ramp at a rear end, a trigger, said trigger being urged forward by a trigger disposed behind said control notch, said ramp guiding return spring; 65 said rib into said control notch, said loading rod moving said trigger having an upper notch, said upper notch engag rearwardly in a channel in said Supporting stock during ing an internal safety pivot, said safety pivot preventing said cocking action; and Case 1:20-cv-01567-UNA Document 1-1 Filed 11/20/20 Page 29 of 29 PageID #: 47
US 8,251,051 B2 21 22 said releasing bracket retaining said loading rod in a first, from said lower end for a first predetermined distance cocked position as said rib engages said control notch and terminating in a stopping Surface; and releasing said loading rod to a second, fired position said trajectory guide being disposed about said pipe and as said trigger is moved rearwardly elevating said releas providing a Support platform for attachment of said pro ing bracket and raising said rib from said control notch, jectile storage magazine; allowing said loading rod to move forward as urged by a metering rod, said rod being cylindrical in shape and said loading coil spring, said loading rodactivating said being sized to fit slidably within said pipe and having an projectile loading mechanism and said metering device. orthogonal activation bar extending from a lower end 18. The bug killing gun, as described in claim 1, wherein thereof and a through hole disposed above said activa said projectile storage magazine further comprises: 10 tion bar, said through hole being orthogonal to said bar an upward facing conical container, said container having and sized and disposed to align with said chamber when a circular opening at a lower end; said bar is positioned against said stopping Surface; said lower end fitted sealably to an upper end of a vertical said return compression spring urging said metering rod circular opening through said chamber; and upwardly to rest against said lower end of said vertical said container having a sealing lid removably attached at an 15 circular opening in said chamber, and upper end. a Subordination pole, said pole having a first end and a 19. The bug killing gun, as described in claim 18, wherein second end, being pivotally mounted to a cover for said said projectile loading mechanism further comprises: compressed gas source, said first end bearing against an a metering rod, said metering rod being sized and shaped to upper Surface of said activation bar, said second end fit sealably through said vertical circular opening being urged upwardly by a cam upon activation of said through said chamber and having an orthogonal activa gas release mechanism; tion bar extending from a lower end thereof and a wherein upward movement of said second end of said through hole disposed above said activation bar, said Subordination pole moves said activation bar down through hole being orthogonal to said bar and sized and wardly, compressing said return compression spring and disposed to align with said chamber when said bar is 25 aligning said through hole of said metering rod with said positioned against a stopping Surface; chamber, permitting said compressed gas to drive said said activation bar being urged upwardly by a return com particulate projectiles out of said chamber and through pression spring to rest against said lower end of said said barrel; Vertical circular opening in said chamber, wherein downward movement of said second end of said said through hole filling with said particulate projectiles 30 Subordination pole permits said activation bar to move when disposed above said chamber in said conical con upwardly as urged by said return compression spring, tainer during said cocking action; and said particulate projectiles filling said through hole of said activation bar being urged downwardly by a pivotally said metering rod as it rises in said projectile storage mounted Subordination pole to rest against said stopping magazine Surrounded by said particulate projectiles. Surface just after activation of said compressed gas 35 21. The bug killing gun, as described in claim 1, wherein release mechanism, permitting said compressed gas to said Support stock further comprises a sight glass, said sight eject said particulate projectiles from said chamber and glass positioned adjacent said magazine and permitting a through said barrel. view of a level of said particulate projectiles contained 20. The bug killing gun, as described in claim 18, wherein therein. said projectile loading mechanism further comprises: 40 22. The bug killing gun, as described in claim 1, wherein a a mid-chamber pipe, said pipe extending downwardly from pistol grip and a forearm of said Support stock have flattened a lower end of said magazine; lower Surfaces, said flattened Surfaces permitting said bug a lower portion of said pipe providing a stop for one end of killing gun to be balanced in an upright position for adding a return compression spring; said particulate projectiles to said projectile storage maga a trajectory guide, said guide disposed below said maga 45 Z10. zine, having a hollow bore sized to fit slidably about said pipe and having a vertical slot extending downwardly Case 1:20-cv-01567-UNA Document 1-2 Filed 11/20/20 Page 1 of 5 PageID #: 48
Exhibit B Case 1:20-cv-01567-UNA Document 1-2 Filed 11/20/20 Page 2 of 5 PageID #: 49
USOOD676923S
(12) United States Design Patent (10) Patent No.: US D676,923 S
Maggiore (45) Date of Patent: Feb. 26, 2013 (54) BUG-A-SALT GUN D593,623 S 6/2009 Halmone D639,352 S 6, 2011 Chan (76) Inventor: Lorenzo Maggiore, Santa Monica, CA D661,356 S * 6/2012 Kleinkopfet al. ........... D21,574 (US) * cited by examiner (**) Term: 14 Years Primary Examiner — Catheri Oliver-Garcia (74) Attorney, Agent, or Firm — Law Office of Ken Dallara; (21) Appl. No. 29/423,823 Ken Dallara (22) Filed: Jun. 5, 2012 (57) CLAM (51) LOC (9) Cl. .................................................. 22-06 An ornamental design for a bug-a-salt gun, as shown and (52) U.S. Cl. ...................................................... D22A122 described. (58) Field of Classification Search ......... D22/119-124; 43/136-137, 132.1; D21/574-575 DESCRIPTION See application file for complete search history. FIG. 1 is the left side elevation view of the bug-a-salt gun (56) References Cited showing our new design; FIG. 2 is the right side elevation view of the gun, thereof; U.S. PATENT DOCUMENTS FIG. 3 is the rear elevation of the gun, thereof; 4,850,133 A 7, 1989 Burzdak FIG. 4 is the frontal elevation of the gun, thereof; D339,841 S * g 1993 E. ideal." D22/122 FIG. 5 is a bottom plan view of the gun thereof; D418, 177 S ck 12,5/2001 D442,254 S 1999 Lebensfeld et al. Konno ......................... D22/122 FIG. 6 is a top plan view of the gun thereof; and, D449,354 S 10/2001 Hornsby et al. FIG. 7 is an isometric view of the upper left side thereof. D513,301 S * 12/2005 Bennebroek ................. D22/122 D527,774 S 9, 2006 Belokinet al. 1 Claim, 3 Drawing Sheets Case 1:20-cv-01567-UNA Document 1-2 Filed 11/20/20 Page 3 of 5 PageID #: 50
U.S. Patent Feb. 26, 2013 Sheet 1 of 3 US D676,923 S
Case 1:20-cv-01567-UNA Document 1-2 Filed 11/20/20 Page 4 of 5 PageID #: 51
U.S. Patent Feb. 26, 2013 Sheet 2 of 3 US D676,923 S
:: 3 Case 1:20-cv-01567-UNA Document 1-2 Filed 11/20/20 Page 5 of 5 PageID #: 52
U.S. Patent Feb. 26, 2013 Sheet 3 of 3 US D676,923 S
Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 1 of 19 PageID #: 53
Exhibit C Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 2 of 19 PageID #: 54
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Skell, Inc. (“Skell”) provides evidence of infringement of at least claim 1 of U.S. Patent No. 8,251,051 (hereinafter “the ’051 patent”) by Dillard’s, Inc.’s (“Dillard’s”) sale of the ‘Salt War’ product. In support thereof, Skell provides the following claim charts. “Accused Instrumentality/Instrumentalities” as used herein refers to at least the Salt War gun sold by Dillard’s, and as seen online at this website: https://www.saltwar.co.za/. The following images of the Accused Instrumentality are available from the online sources referenced below:
Photograph taken at a Dillard’s store and posted with a “COUNTERFEIT Source: https://www.facebook.com/BugASalt/posts/3393580944048078 ALERT!” notice on Facebook by Skell (d/b/a “Bug-A-Salt”). Source:https://www.facebook.com/BugASalt/posts/3393580944048078
The following claim charts demonstrate Dillard’s’s infringement by comparing each element of the asserted claims to corresponding compondents, aspects, and/or features of the Accused Instrumentalities. These claim charts are not intended to constitute an expert report on infringement. These claim charts include information provided by way of example, and not by way of limitation. The analysis set forth below is based only upon information from publicly available resources regarding the Accused Instrumentalities, as Dillard’s has not yet provided any non-public information. An analysis of additional materials and/or documentation may assist in fully identify all infringing features and functionality. Accordingly, Skell reserves the right to supplement this infringement analysis once such information is made available to Skell. Furthermore, Skell reserves the right to revise this infringement analysis, as appropriate, upon issuance of a court order construing any terms recited in the asserted claims. Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 3 of 19 PageID #: 55 Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Unless otherwise noted, Skell contends that Dillard’s directly infringes the ’051 patent in violation of 35 U.S.C. § 271(a) by selling, offering to sell, making, using, and/or importing the Accused Instrumentalities. The following exemplary analysis demonstrates that infringement. Unless otherwise noted, Skell further contends that the evidence below supports a finding of indirect infringement under 35 U.S.C. §§ 271(b) and/or (c), in conjunction with other evidence of liability under one or more of those subsections. Dillard’s makes, uses, sells, imports, or offers for sale in the United States, or has made, used, sold, imported, or offered for sale in the past, without authority, or induces others to make, use, sell, import, or offer for sale in the United States, or has induced others to make, use, sell, import, or offer for sale in the past, without authority products, equipment, or services that infringe at least claim 1 of the ’051 patent, including without limitation, the Accused Instrumentalities. Unless otherwise noted, Skell believes and contends that each element of each claim asserted herein is literally met through Dillard’s’s provision of the Accused Instrumentalities. However, to the extent that Dillard’s attempts to allege that any asserted claim element is not literally met, Skell believes and contends that such elements are met under the doctrine of equivalents. More specifically, in its investigation and analysis of the Accused Instrumentalities, Skell did not identify any substantial differences between the elements of the patent claims and the corresponding features of the Accused Instrumentalities, as set forth herein. In each instance, the identified feature of the Accused Instrumentalities performs at least substantially the same function in substantially the same way to achieve substantially the same result as the corresponding claim element. To the extent the chart of an asserted claim relies on evidence about certain specifically-identified Accused Instrumentalities, Skell asserts that, on information and belief, any similarly-functioning instrumentalities also infringes the charted claim. Skell reserves the right to amend this infringement analysis based on other products made, used, sold, imported, or offered for sale by Dillard’s. Skell also reserves the right to amend this infringement analysis by citing other claims of the ’051 patent, not listed in the claim chart, that are infringed by the Accused Instrumentalities. Skell further reserves the right to amend this infringement analysis by adding, subtracting, or otherwise modifying content in the “Accused Instrumentalities” column of each chart. Caveat: The notes and/or cited excerpts utilized herein are set forth for illustrative purposes only and are not meant to be limiting in any manner. For example, the notes and/or cited excerpts, may or may not be supplemented or substituted with different excerpt(s) of the relevant reference(s), as appropriate. Further, to the extent any error(s) and/or omission(s) exist herein, all rights are reserved to correct the same.
2 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 4 of 19 PageID #: 56
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 1 Accused Instrumentalities
A bug killing As is shown from this photo of the packagage of the the ‘Salt War’ gun, this product is promoted as a “new and fun way to get gun, rid of disgusting flies!” and a “Fantastic way to hunt flies, mosquitoes, and other insects”. comprising:
3 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 5 of 19 PageID #: 57
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 1 Accused Instrumentalities
a compressed Disassembly of the ‘Salt War’ gun reveals a “compressed Column 9, lines 1-27 of the ’051 patent describe an gas source, gas source” formed by spring loaded piston (red) fit within emobidment of the inventions claimed in the ‘051 patent. an air-tight hollow cylinder (white) filled with ambient air The “compressed gas source” is recited here and also (gas source) compressed by the spring-loaded piston when associated with component “14” in FIGS. 10 and 11. the cocked gun is fired to spring-release the piston into the cylinder, as illustrated below:
4 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 6 of 19 PageID #: 58
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 1 Accused Instrumentalities
a chamber, Disassembly of the ‘Salt War’ gun reveals a “chamber Column 9, lines 1-27 of the ’051 patent describe an said chamber fluidly connected to said compressed gas source”, as emobidment of the inventions claimed in the ‘051 patent. fluidly illustrated below: The “chamber” is recited here and also associated with connected to component “18” in FIGS. 10 and 11. said compressed gas source;
5 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 7 of 19 PageID #: 59
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 1 Accused Instrumentalities
a barrel, said Disassembly of the ‘Salt War’ gun reveals a “barrel Column 9, lines 1-27 of the ’051 patent describe an barrel disposed at a distal end of said chamber”, as illustrated emobidment of the inventions claimed in the ‘051 patent. disposed at a below: The “barrel” is recited here and also associated with distal end of component “22” in FIGS. 10 and 11. said chamber;
6 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 8 of 19 PageID #: 60
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 1 Accused Instrumentalities
a compressed Disassembly of the ‘Salt War’ gun reveals a “compressed Column 9, lines 1-27 of the ’051 patent describe an gas release gas release mechanism . . . connected to said compressed emobidment of the inventions claimed in the ‘051 patent. mechanism, gas source”, as illustrated below: The “compressed gas release mechanism . . . connected to said release said compressed gas source” is recited here and also mechanism associated with component “30” in FIGS. 5 and 6. connected to said compressed gas source;
7 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 9 of 19 PageID #: 61
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 1 Accused Instrumentalities
a projectile Disassembly of the ‘Salt War’ gun reveals “a projectile Column 9, lines 1-27 describe an emobidment of the storage storage magazine . . . [for] storing particulate projectiles inventions claimed in the ‘051 patent. The “projectile storage magazine, and being disposed adjacent said chamber”, as illustrated magazine . . . [for] storing particulate projectiles and being said magazine below: disposed adjacent said chamber”, is also associated with storing component “34” in FIG. 3D, which “is a cross-sectional particulate detailed view of the projectile storage magazine and projectiles projectile loading mechanism”. and being disposed adjacent said chamber;
The ‘Salt War’ gun package instructs to store particles of
salt, “particulate projectiles”, in the projectile storage magazine (“Open the lid, add the salt and then close the lid.”)
8 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 10 of 19 PageID #: 62
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 1 Accused Instrumentalities
a projectile Disassembly of the ‘Salt War’ gun reveals “a projectile Column 9, lines 1-27 describe an emobidment of the loading loading mechanism, . . . [for] moving said particulate inventions claimed in the ‘051 patent. The “cocking mechanism, projectiles into said chamber from said magazine”, as mechanism mechanically connecting said compressed gas said loading illustrated below: source, said compressed gas release mechanism, and said mechanism projectile loading mechanism”, is also associated with moving said component “46” in FIG. 3D, which “is a cross-sectional particulate detailed view of the projectile storage magazine and projectiles projectile loading mechanism”. into said . . . (col 9, lines 10-13): chamber from said magazine; ‘Salt War’ gun loading ‘Salt War’ gun loading mechanism extend so that mechanism depressed so . . . (col 10, lines 47-51): hole in rod may fill with salt that salt particles in hole particles stored in magazine: are moved into chamber:
9 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 11 of 19 PageID #: 63
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 1 Accused Instrumentalities
a cocking Disassembly of the ‘Salt War’ gun reveals “a cocking Column 9, lines 1-27 describe an emobidment of the mechanism mechanism mechanically connecting said compressed gas inventions claimed in the ‘051 patent. The “cocking mechanically source, said compressed gas release mechanism, and said mechanism mechanically connecting said compressed gas connecting projectile loading mechanism”, as illustrated below: source, said compressed gas release mechanism, and said said projectile loading mechanism”, is also associated with compressed component “46” in FIG. 11. gas source, . . . (col 9, lines 13-16): said compressed gas release mechanism, and said projectile ‘Salt War’ gun cocking ‘Salt War’ gun cocking loading mechanism is connected to mechanism is connected to mechanism; the compressed gas source the projectile loading and release mechanism: mechnism:
The cocking mechism of the ‘Salt War’ gun is
demonstrated in the video available from this source: https://devlinlawfirm.sharefile.com/d-s5502fb7553249bea
10 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 12 of 19 PageID #: 64
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 1 Accused Instrumentalities
a stock, said Disassembly of the ‘Salt War’ gun reveals “a stock . . . Column 9, lines 1-27 describe an emobidment of the stock housing [for] housing and supporting said compressed gas source, inventions claimed in the ‘051 patent. The “cocking and said compressed gas release mechanism, said barrel, said mechanism mechanically connecting said compressed gas supporting chamber, said projectile storage magazine, said cocking source, said compressed gas release mechanism, and said said mechanism and said projectile loading mechanism”, as projectile loading mechanism”, is also associated with compressed illustrated below: component “46” in FIG. 11. gas source, . . . (col 9, lines 16-20): said compressed gas release mechanism, said barrel, said chamber, said projectile storage magazine, said cocking mechanism and said projectile loading mechanism;
wherein, The cocking mechism of the ‘Salt War’ gun is demonstrated in the video available from this source: when said https://devlinlawfirm.sharefile.com/d-s5502fb7553249bea gun is cocked by said cocking mechanism,
11 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 13 of 19 PageID #: 65
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
said projectile As noted above, disassembly of the ‘Salt War’ gun reveal that the “projectile loading mechanism [is configured with a hole so as loading to ]gather[] a predetermined quantity of . . . particulate projectiles” and futher configured to “position[] the particulate mechanism projecticles” (salt) in the “chamber”, as illustrated below: gathers a ‘Salt War’ gun loading mechanism extend so that hole in rod predetermined may fill with salt particles stored in magazine: quantity of said particulate projectiles and positions said projectiles in ‘Salt War’ gun loading mechanism depressed so that a said chamber; predetermined quantity of salt particles filling the hole is and moved into chamber:
12 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 14 of 19 PageID #: 66
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 1 Accused Instrumentalities
when said The compressed gas release mechanism of the ‘Salt War’ gun is activiated by pulling the trigger, which leads to the ejection of compressed the projectivles from the chamber, into the barrel, from which the projectiles are ultimately expelled from the ‘Salt War’ gun as gas release demonstrated in the video available from this source: mechanism is https://devlinlawfirm.sharefile.com/d-sa7202306b2748ab9 activated said projectiles are ejected from said chamber into said barrel and expelled from said gun.
Claim 4 Accused Instrumentalities
The bug killing gun, as As noted above, the ‘Salt War’ gun is a bug killing gun, as described in claim 1. Moreover, as also noted described in claim 1, wherein above, disassembly of the ‘Salt War’ gun reveals that the compressed gas source for the gun is a spring- said compressed gas source is activated compressed gas chamber. selected from the group comprising: a prefilled CO2 cartridge, a refillable compressed gas cylinder, a pneumatically pumped gas reservoir, a spring-activated compressed gas chamber and an external compressed gas line.
13 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 15 of 19 PageID #: 67
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 5 Accused Instrumentalities
The bug killing gun, as As noted above, disassembly of the ‘Salt War’ gun reveals that the ‘Salt War’ gun is a bug killing gun, as described in claim 4, wherein described above with respect to claim 1, with a spring-activated compressed gas chamber as described with said spring-activated respectd to claim 4, as illustrated below. compressed gas chamber further comprises:
14 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 16 of 19 PageID #: 68
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
a cylinder, said cylinder having As noted above, disassembly of the ‘Salt War’ gun reveals that the gun has “a cylinder . . . having a front end a front end and a rear end and and a rear end and being fluidly connected to said chamber at said front end”, as illustrated below. being fluidly connected to said chamber at said front end;
15 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 17 of 19 PageID #: 69
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 5 Accused Instrumentalities
a piston, said piston fitting As noted above, disassembly of the ‘Salt War’ gun reveals that the gun has “a piston . . . [which fits] sealably sealably in said cylinder and in said cylinder” and is disposed therein, as illustrated below. being disposed therein;
16 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 18 of 19 PageID #: 70
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 5 Accused Instrumentalities
a compression spring, said As noted above, disassembly of the ‘Salt War’ gun reveals that the gun has “compression spring . . . [for] compression spring urging said urging said piston toward said front end” and is disposed therein, as illustrated below. piston toward said front end;
a spring compression As noted above, disassembly of the ‘Salt War’ gun reveals that the gun has a “compression spring”; operation mechanism, said compression of the ‘Salt War’ gun, as illustrated by the video af the following link, reveals that the “spring compression mechanism urging said piston mechanism . . . urg[es the] piston towards said rear end and compress[es the] compression spring”, which towards said rear end and allows the cocked gun to fire the piston upon triggering. compressing said compression spring; https://devlinlawfirm.sharefile.com/d-sa7202306b2748ab9
17 of 18 Case 1:20-cv-01567-UNA Document 1-3 Filed 11/20/20 Page 19 of 19 PageID #: 71
Skell, Inc.’s Analysis of Infringement of U.S. Patent No. 8,251,051 by the ‘Salt War’ Product
Claim 5 Accused Instrumentalities
a latching mechanism, said As noted above, operation of the ‘Salt War’ gun reveals that the gun has “a latching mechanism . . . [to] latching mechanism releasably releasably retain[ the] piston adjacent said rear end and retain[ the] compression spring in a compressed state”; retaining said piston adjacent operation of the ‘Salt War’ gun, as illustrated by the video af the following link, reveals that the “latching said rear end and retaining said mechanism” retains the piston in a position adjacent to the rear end and retains the compression spring in a compression spring in a “compressed state”, which is when the gun is cocked. compressed state; and https://devlinlawfirm.sharefile.com/d-sa7202306b2748ab9 wherein a user performs said As noted above, operation of the ‘Salt War’ gun reveals that when “a user performs said gun cocking action”. gun cocking action, said spring as illustrated by the video af the following link, the “spring compression mechanism is operated, said piston is compression mechanism is urged toward said rear end of said cylinder, said spring is compressed and said spring and said piston are operated, said piston is urged retained by said latching mechanism”. toward said rear end of said cylinder, said spring is https://devlinlawfirm.sharefile.com/d-sa7202306b2748ab9 compressed and said spring and said piston are retained by said latching mechanism until released allowing said As noted above, operation of the ‘Salt War’ gun reveals that the gun remains cocked “until released”, which piston to move rapidly toward release “allow[s the] piston to move rapidly toward said front end of said cylinder, providing a burst of said front end of said cylinder, compressed gas in said cylinder and to said connected chamber”, as illustrated by the video af the following providing a burst of compressed link. gas in said cylinder and to said connected chamber. https://devlinlawfirm.sharefile.com/d-sa7202306b2748ab9
18 of 18 Case 1:20-cv-01567-UNA Document 1-4 Filed 11/20/20 Page 1 of 7 PageID #: 72
Exhibit D Case 1:20-cv-01567-UNA Document 1-4 Filed 11/20/20 Page 2 of 7 PageID #: 73
Skell, Inc.’s Analysis of Infringement of U.S. Design Patent No. D676,923 by the ‘Salt War’ Product
Skell, Inc. (“Skell”) provides evidence of infringement of claim 1 of U.S. Design Patent No. D676,923 (hereinafter “the ‘923 patent”) by Dillard’s, Inc.’s (“Dillard’s”) sale of the ‘Salt War’ product. In support thereof, Skell provides the following claim charts. “Accused Instrumentality/Instrumentalities” as used herein refers to at least the Salt War gun sold by Dillard’s, and as seen online at this website: https://www.saltwar.co.za/. The following images of the Accused Instrumentality are available from the online sources referenced below:
Photograph taken at a Dillard’s store and posted with a “COUNTERFEIT Source: https://www.facebook.com/BugASalt/posts/3393580944048078 ALERT!” notice on Facebook by Skell (d/b/a “Bug-A-Salt”). Source:https://www.facebook.com/BugASalt/posts/3393580944048078
The following claim charts demonstrate Dillard’s’s infringement by comparing each element of the asserted claims to corresponding compondents, aspects, and/or features of the Accused Instrumentalities. These claim charts are not intended to constitute an expert report on infringement. These claim charts include information provided by way of example, and not by way of limitation. The analysis set forth below is based only upon information from publicly available resources regarding the Accused Instrumentalities, as Dillard’s has not yet provided any non-public information. An analysis of additional materials and/or documentation may assist in fully identify all infringing features and functionality. Accordingly, Skell reserves the right to supplement this infringement analysis once such information is made available to Skell. Furthermore, Skell reserves the right to revise this infringement analysis, as appropriate, upon issuance of a court order construing any terms recited in the asserted claims. Case 1:20-cv-01567-UNA Document 1-4 Filed 11/20/20 Page 3 of 7 PageID #: 74 Skell, Inc.’s Analysis of Infringement of U.S. Design Patent No. D676,923 by the ‘Salt War’ Product
Unless otherwise noted, Skell contends that Dillard’s directly infringes the ‘923 patent in violation of 35 U.S.C. § 271(a) by selling, offering to sell, making, using, and/or importing the Accused Instrumentalities. The following exemplary analysis demonstrates that infringement. Unless otherwise noted, Skell further contends that the evidence below supports a finding of indirect infringement under 35 U.S.C. §§ 271(b) and/or (c), in conjunction with other evidence of liability under one or more of those subsections. Dillard’s makes, uses, sells, imports, or offers for sale in the United States, or has made, used, sold, imported, or offered for sale in the past, without authority, or induces others to make, use, sell, import, or offer for sale in the United States, or has induced others to make, use, sell, import, or offer for sale in the past, without authority products, equipment, or services that infringe claim 1 of the ‘923 patent, including without limitation, the Accused Instrumentalities. Unless otherwise noted, Skell believes and contends that each element of each claim asserted herein is literally met through Dillard’s’s provision of the Accused Instrumentalities. However, to the extent that Dillard’s attempts to allege that any asserted claim element is not literally met, Skell believes and contends that such elements are met under the doctrine of equivalents. More specifically, in its investigation and analysis of the Accused Instrumentalities, Skell did not identify any substantial differences between the elements of the patent claims and the corresponding features of the Accused Instrumentalities, as set forth herein. In each instance, the identified feature of the Accused Instrumentalities performs at least substantially the same function in substantially the same way to achieve substantially the same result as the corresponding claim element. To the extent the chart of an asserted claim relies on evidence about certain specifically-identified Accused Instrumentalities, Skell asserts that, on information and belief, any similarly-functioning instrumentalities also infringes the charted claim. Skell reserves the right to amend this infringement analysis based on other products made, used, sold, imported, or offered for sale by Dillard’s. Skell also reserves the right to amend this infringement analysis by citing other claims of the ‘923 patent, not listed in the claim chart, that are infringed by the Accused Instrumentalities. Skell further reserves the right to amend this infringement analysis by adding, subtracting, or otherwise modifying content in the “Accused Instrumentalities” column of each chart. Caveat: The notes and/or cited excerpts utilized herein are set forth for illustrative purposes only and are not meant to be limiting in any manner. For example, the notes and/or cited excerpts, may or may not be supplemented or substituted with different excerpt(s) of the relevant reference(s), as appropriate. Further, to the extent any error(s) and/or omission(s) exist herein, all rights are reserved to correct the same.
2 of 6 Case 1:20-cv-01567-UNA Document 1-4 Filed 11/20/20 Page 4 of 7 PageID #: 75
Skell, Inc.’s Analysis of Infringement of U.S. Design Patent No. D676,923 by the ‘Salt War’ Product
Claim # 1 of the ‘923 patent Accused Instrumentalities
“FIG. 1 is the left side elevation view of the bug-a-salt gun showing our new design;”
https://www.saltwar.co.za/ “FIG. 2 is the right side elevation view of the gun, thereof;”
3 of 6 Case 1:20-cv-01567-UNA Document 1-4 Filed 11/20/20 Page 5 of 7 PageID #: 76
Skell, Inc.’s Analysis of Infringement of U.S. Design Patent No. D676,923 by the ‘Salt War’ Product
Claim # 1 of the ‘923 patent Accused Instrumentalities
“FIG. 3 is the rear elevation of the gun, thereof;”
4 of 6 Case 1:20-cv-01567-UNA Document 1-4 Filed 11/20/20 Page 6 of 7 PageID #: 77
Skell, Inc.’s Analysis of Infringement of U.S. Design Patent No. D676,923 by the ‘Salt War’ Product
Claim # 1 of the ‘923 patent Accused Instrumentalities
“FIG. 4 is the frontal elevation of the gun, thereof;”
5 of 6 Case 1:20-cv-01567-UNA Document 1-4 Filed 11/20/20 Page 7 of 7 PageID #: 78
Skell, Inc.’s Analysis of Infringement of U.S. Design Patent No. D676,923 by the ‘Salt War’ Product
Claim # 1 of the ‘923 patent Accused Instrumentalities
“FIG. 5 is a bottom plan view of the gun thereof;”
“FIG. 6 is a top plan view of the gun thereof;”
https://sport.woot.com/offers/saltpacolypse-salt-shooting-bug- gun?ref=w_cnt_odet_pic_1#fullsize-0 “FIG. 7 is an isometric view of the upper left side thereof.”
6 of 6 Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 1 of 13 PageID #: 79
Exhibit E Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 2 of 13 PageID #: 80
I apologize, there must have been a breakdown in internal communications on our part. I will reiterate to the stores that the product must be immediately removed from the sales floor. I can re-run the sales and on-hand reports next week to ensure that we capture all sales. Again, we have no issue with turning over our profits to settle this matter.
It appears your order to remove remaining products from Dillards store floors has not reached the store level. Attached is a photo taken this morning in Iowa of stacks of the fake salt war guns still on sale at Dillards.
This makes your other assertions and reporting as to units sold suspect.
We take our intellectual property rights seriously and hoped Dillards would as well.
We would like to see proof that you have instructed all stores to remove the product from their floors, an assertion you made exactly one week ago. We would also like to see updated calculations of sales. We want all product removed by end of business today, Friday December 20, 2019 as tomorrow is Super Saturday and if the goods are still being sold we will file a lawsuit.
We have our people throughout the United States going into Dillards and we will provide more pictures of the product as we find them. This will not bode well for a settlement.
Please get your house in order and get back to us with the confirmations and new numbers we request. All rights reserved. Liat
Liat Cohen, Esquire
LIAT COHEN LAW OFFICES P.C. Office: 818.579.9996 Cell: 818.917.0133 www.LiatLaw.com 17547 Ventura Boulevard, Suite 301, Encino, CA 91316 The information contained in this e-mail is information protected by attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail 1 Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 3 of 13 PageID #: 81 Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 4 of 13 PageID #: 82
We didn’t open it yet. But we will and film the opening of it tomorrow.
Steven – any news on your front regarding quantity of inventory here you have in stock?
On another note – looks like the gun we ordered from your website will arrive tomorrow or Tuesday. In the meantime, Lorenzo took apart one of the old “Salt Wars” guns we have (this one also rips off AVENGERS IP).
3 Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 5 of 13 PageID #: 83
As you can see here, the operating mechanism inside the device is identical. We will video tape the package when it arrives (and document we are opening the one from Dillard’s of course).
I also suggest you check the legitimate bugasalt website and see for yourself what the original guns versus the counterfeits look like.
We can arrange for a letter from our Patent attorney but we don't necessarily want to escalate this dispute especially until we know what your issues are. 4 Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 6 of 13 PageID #: 84
If you require specific information that you do not already have please let us know what you need and we will provide it.
All rights reserved.
Liat
Liat Cohen, Esquire
LIAT COHEN LAW OFFICES P.C.
Office: 818.579.9996
Cell: 818.917.0133
www.LiatLaw.com
PLEASE NOTE THE NEW ADDRESS:
17547 Ventura Boulevard, Suite 301, Encino, CA 91316
The information contained in this e-mail is information protected by attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error please immediately notify us by telephone.
I can give David one of the other SALT WARS guns we have lying around and he can “prove” it with a letter. But I’d prefer to wait until the one I ordered (to document things) arrives – just so everyone can all be on the same page here. 5 Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 7 of 13 PageID #: 85
In our possession or not, trust me these SALT WAR guns and this manufacturer in China have been around for years. I’ve reported them to Disney & Marvel because they used to rip off their IP too (on the SALT WARS gun). I’ve reported them to Amazon & Ebay (dozens of times). I even threatened to call the police on a guy who had them in Long Beach (and was selling them on Amazon) a few years ago.
Not sure how a reputable company like Dillard’s got mixed up in this mess… I guess you’d have to ask your buyer(s).
6 Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 8 of 13 PageID #: 86
Liat,
Erika's original email mentioned verification that the product in question infringes Bug-A- Salt's patent. Do you have any additional information/documentation you can provide me?
Thank you,
Steven Duke Assistant General Counsel Dillard's, Inc. 1600 Cantrell Rd. Little Rock, AR 72201 501-399-7434 (phone) 501-210-9581 (fax)
This e-mail message contains confidential, privileged information intended solely for the addressee. Please do not read, copy, or disseminate it unless you are the addressee.
IF YOU ARE A DILLARD'S EMPLOYEE YOU ARE PROHIBITED FROM FORWARDING OR
SHARING THIS EMAIL OR ANY ATTACHMENTS HERETO WITH ANYONE ELSE UNLESS AUTHORIZED TO DO SO BY THE DILLARD'S LEGAL DEPARTMENT.
If you have received this email in error, please forward it back to me and delete it from your system.
On Wed, Dec 4, 2019 at 2:01 PM LIAT COHEN <[email protected]> wrote:
Steven,
We are requesting an accounting of the number of these counterfeit items Dillards has sold and the amount of money made from said sales.
Also we want to know how many you are still carrying in inventory and we will need assurances and confirmation that all those units are properly destroyed.
If you have any questions or need additional information please contact us.
Thank you
Liat 7 Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 9 of 13 PageID #: 87
Liat Cohen, Esquire
LIAT COHEN LAW OFFICES P.C.
Office: 818.579.9996
Cell: 818.917.0133
www.LiatLaw.com
17547 Ventura Boulevard, Suite 301, Encino, CA 91316
The information contained in this e-mail is information protected by attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error please immediately notify us by telephone.
Thank you for your email and voicemail. Please be assured that it is Dillard's policy to respect the intellectual property rights of others. I have already started my investigation into this matter and should have a response soon. Do you have any additional information you may provide me regarding your claim?
Thank you,
Steven Duke Assistant General Counsel Dillard's, Inc. 1600 Cantrell Rd. Little Rock, AR 72201 501-399-7434 (phone) 501-210-9581 (fax)
This e-mail message contains confidential, privileged information intended solely for the addressee. Please do not read, copy, or disseminate it unless you are the addressee.
IF YOU ARE A DILLARD'S EMPLOYEE YOU ARE PROHIBITED FROM
FORWARDING OR SHARING THIS EMAIL OR ANY ATTACHMENTS HERETO WITH ANYONE ELSE UNLESS AUTHORIZED TO DO SO BY THE DILLARD'S LEGAL DEPARTMENT.
If you have received this email in error, please forward it back to me and delete it from your system.
---------- Forwarded message ---------
From: Legal Dept <[email protected]> Date: Tue, Dec 3, 2019 at 5:57 PM Subject: Fwd: COUNTERFIET PRODUCT - PLEASE CEASE & DESIST SALES ITEM # 20001770 To: Steven Duke <[email protected]>, Jamie Dorsey <[email protected]>
---------- Forwarded message ---------
From: Erika Schimik <[email protected]> 9 Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 11 of 13 PageID #: 89
I am writing to you from BUG-A-SALT, the legit manufacturer and patent holder for the BUG-A-SALT insect eradication device. Please see below. One of our wholesale customers today notified us the “SALT WAR” gun is listed for sale at Dillard’s. Since you are a legit business, we were rather shocked to find this is true.
We have a room full of these “SALT WAR” guns here (we’ve had removed from Amazon + Ebay), and can verify (without a doubt) they violate our patented salt pin. US Patent # 9,939,227 BUG-A-SALT 2.0
Please cease & desist from selling this counterfeit product from China immediately. We’d love to sell to Dillard’s in a legitimate fashion, so please let us know if you’d like to sign up for our wholesale program.
We look forward to your prompt response & swift resolution to this matter. Please see below for proof of purchase.
Sincerely,
Erika Schimik
President, Skell Inc.
<image001.jpg>
2401 Lincoln Blvd. Upstairs #C
10 Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 12 of 13 PageID #: 90 Case 1:20-cv-01567-UNA Document 1-5 Filed 11/20/20 Page 13 of 13 PageID #: 91
DESCRIPTION QTY UNIT PRICE TOTAL
Dillard's Salt Gun Size: One Size Color: White 1 $60.00 $60.00 Item No: 20001770 DMS: 0524 139 GP0263
To: LIAT COHEN <[email protected]> Cc: jaimie.dorsey <[email protected]>; erika <[email protected]>; Lorenzo Maggiore <[email protected]>; dbelasco <[email protected]> Date: Thu, Jan 16, 2020 2:09 pm Attachments Sales.xlsx (31 KB) on hand (not complet...xlsx (21 KB) AuthorizeDocument.pdf (479 KB) product inner compar...docx (1.2 MB) GP0263 Salt War Gun ...pdf (1.3 MB) PatentDocument.pdf (881 KB) ChinaPatent2013-1.pdf (817 KB) difference layout.pdf (2.1 MB) Liat,
Thank you for taking my call earlier today. Please find attached a sales report, on-hand report and information regarding the manufacturer of the product in question. Dillard's purchased the product in question through its buying agent, W.E. Connor. WEC purchased the gun from Maxx Maison Mode Corporation.
As we discussed, the on-hand report is not accurate because some stores conducted annual inventory before receiving the order to mark the product in question out of inventory (the product had already been removed from the sales floor). Although we do not have a true count at this time, I estimate we have ~2,000 units on hand. Please let me know if we should destroy in field or ship to your client.
Dillard's sold ~370 units for ~$16,000, which Dillard's is willing to pay to resolve this matter. Additionally, I am happy to put your client in touch with the appropriate Dillard's buyer to discuss potential future business. Please let me know if this is acceptable.
As I said during our telephone conversation, please let me know if you and your client would like to discuss any of the documentation. I am happy to have a call tomorrow to answer any questions.
Thank you, Steven Duke Assistant General Counsel Dillard's, Inc. 1600 Cantrell Rd. Little Rock, AR 72201 501-399-7434 (phone) 501-210-9581 (fax)
Page 1 of 2 Case 1:20-cv-01567-UNA Document 1-6 Filed 11/20/20 Page 3 of 3 PageID #: 94
We have not heard from you since our request of December 20, 2019 below. We demand the documentation sought.
We are aware that Dillards continued to sell counterfeit product throughout the holiday period in more than one brick and mortar store location. We demand a full accounting by no later than January 30, 2020 or we will be forced to escalate this matter into litigation. A $5,000.00 settlement is no longer going to cut it based on Dillards' bad faith actions. Punitive damages are in order.
Nothing contained herein should be considered a full recitation of facts or law all of which may be supplemented at any time. All rights are expressly reserved. Liat
Liat Cohen, Esquire
LIAT COHEN LAW OFFICES P.C. Office: 818.579.9996 Cell: 818.917.0133 www.LiatLaw.com 17547 Ventura Boulevard, Suite 301, Encino, CA 91316 The information contained in this e-mail is information protected by attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e- mail. If the person actually receiving this e-mail or any other reader of the e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error please immediately notify us by telephone.
Page 2 of 2 Case 1:20-cv-01567-UNA Document 1-7 Filed 11/20/20 Page 1 of 4 PageID #: 95
Exhibit G Case 1:20-cv-01567-UNA Document 1-7 Filed 11/20/20 Page 2 of 4 PageID #: 96
Steven Duke Assistant General Counsel Dillard's, Inc. 1600 Cantrell Rd. Little Rock, AR 72201
RE: Sale of Infringing Product – Salt War Gun
Dear Mr. Duke:
This letter is in response to your email and attachments of January 16, 2020. We would like to formally address some of the issues you have raised.
First, with regards to where you obtained the product we require clarification on the following:
1. Who is the exact manufacture of the Salt War Gun and what contact and address information do you have for the manufacturer?
2. We want to see any contracts, bills of lading, invoices, accounts payable and receivables or other documents including emails you have exchanged with the manufacturer or any other entity in the distribution line.
3. With regard to W.E. Connor – Is this link to the same company?
https://www.weconnor.com/about/ and what address and contact information do you have for them?
4. As far as Maxx Maison Mode Corporation, it appears per your email, that they sold to W.E. Conner who is the sourcing company with Dillard’s as its client. Is this correct? Please provide address and full contact information for Maxx Maison Mode Corporation.
5. Is Xi’ an Zoniu Electronics Technology Co; Ltd the patent holder in China? Are they also the manufacturers who then authorize Maxx Maison Mode Corp to sell to the global sourcing agent? We require their full contact and address information as well. Case 1:20-cv-01567-UNA Document 1-7 Filed 11/20/20 Page 3 of 4 PageID #: 97
Dillard’s Inc. RE: Sale of Infringing Product – Salt War Gun
January 31, 2020 Page Two
6. As far as Ningbo LST Optoelectronic Technology Company Ltd. are concerned it
looks like they handled transport for your deal but on the internet they appear to be a lighting company. Is this the same entity - http://www.nbgdgd.com/About.asp and how have they been involved in your deal? We will require contact and full address information for them as well.
Skell Inc. has attorneys in China and we plan to pursue all of the above entities for patent infringement including sending cease and desist notices, taking administrative and legal action and conducting factory raids as necessary.
We are disappointed with the position you have taken in sending us the Chinese patent as well as product comparison to the Bug-A-Salt. Who are you trying to convince that the Salt War Gun is not a violation of our patent? Bug-A-Salt or Dillard’s? Or are you justifying Dillard’s clear patent infringement?
In fact, permit us to be crystal clear. In general, the differences in the system Dillard’s points out (for example powdered coated versus not for the spring) are completely irrelevant. The items you note side-track from the real issues and the functionality described in Bug-A-Salt’s utility patent(s).
The patent No. 8,251,051 (for the original 1.0 SALT GUN) would cover our product and confirm the following violations committed by the Salt War gun design:
a. Compressed gas source. The Salt War gun clearly uses a compressed gas source. b. This Salt War gun also has a chamber & barrel (as described in our original and subsequent patents). c. Clearly the Salt War gun also incorporates a compressed gas release mechanism (connected to the gas source exactly as described in our original patent). d. The projectile storage magazine & loading magazine are identical to our original 1.0 model (and 2.0 model) guns. e. The Salt War gun also features a cocking mechanism (loading mechanism moving said particulate projectiles into said chamber from said magazine). f. This cocking mechanism (featured in Salt War gun) is mechanically connected to the compressed gas source (said compressed gas release mechanism, said barrel, said chamber, said projectile storage magazine, said cocking mechanism and said projectile loading mechanism).
And so on and so forth just as described in the original patent, the Salt War gun operates exactly the same as the Bug-A-Salt. Attached is a copy of the Bug-A-Salt U.S. patent for your review. Case 1:20-cv-01567-UNA Document 1-7 Filed 11/20/20 Page 4 of 4 PageID #: 98
Dillard’s Inc. RE: Sale of Infringing Product – Salt War Gun
January 31, 2020 Page Three
With regard to destroying the infringing product or sending the approximately 2,000 guns to us, we must demand that you ship all of your inventory from every store, at your expense, to Skell Inc. located at 2401 Lincoln Boulevard, #C, Santa Monica California 90405. Please make sure this is done within the next ten days. This will also be a way for you to confirm the guns have not “accidently” made their way back onto shelves as they did during the holiday period.
With regard to your settlement offer of $16,000.00 it is rejected. If as you say you sold 370 units you actually made over $22,000.00 and offering us your alleged net profit in settlement is not going to cut it.
If we receive all the information we have requested and the guns in the next ten days, then we will settle this dispute with Dillard’s Inc. for the sum of one hundred thousand dollars ($100,000.00). If we do not receive everything requested in this letter we will pursue a patent infringement case and ask for punitive damages.
You asserted that Dillard’s Inc. was acting in good faith. Now is the time to prove it.
Nothing contained herein should be considered a full recitation of all facts or law all of which may be supplemented at any time. All rights are expressly reserved. Thank you for your anticipated cooperation.
LIAT COHEN LAW OFFICES P.C.
LIAT COHEN, ESQ.
Enclosures cc: Skell Inc. Case 1:20-cv-01567-UNA Document 1-8 Filed 11/20/20 Page 1 of 1 PageID #: 99
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