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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 1 of 24

1 Brett L. Dunkelman, No. 006740


Eric M. Fraser, No. 027241
2 Osborn Maledon, P.A.
2929 N. Central Avenue, Suite 2100
3 Phoenix, Arizona 85012-2793
(602) 640-9000
4 bdunkelman@omlaw.com
efraser@omlaw.com
5
Brent P. Lorimer (pro hac vice pending)
6 Brian N. Platt (pro hac vice pending)
7 Workman | Nydegger
60 E. South Temple, Suite 1000
8 Salt Lake City, Utah 84111
blorimer@wnlw.com
9 bplatt@wnlaw.com

10 Attorneys for Plaintiff

11
12 IN THE UNITED STATES DISTRICT COURT
13 FOR THE DISTRICT OF ARIZONA
14
15 The Neck Hammock, Inc., a Delaware Case No:
corporation,
16
Plaintiff, COMPLAINT
17
vs. (JURY TRIAL DEMANDED)
18
Soothehammock, LLC, an Arizona
19 limited liability company, and Sebastian
Ghiorghiu, an individual,
20
Defendants.
21
22
23 Plaintiff The Neck Hammock, Inc. (“Neck Hammock”) complains and alleges

24 as follows against Defendants SootheHammock LLC and Sebastian Ghiorghiu

25 (“Defendants” or “SootheHammock”):

26 THE NATURE OF THE ACTION

27 1. Dr. Steve Sudell Jr., DPT, ATC (“Dr. Sudell”) is a physical therapist and

28 the founder and President of Neck Hammock.


Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 2 of 24

1 2. While working as a licensed physical therapist, Dr. Sudell repeatedly


2 treated individuals suffering from compression-related neck pain. Based on his years
3 of experience, Dr. Sudell knew that cervical traction almost always provided substantial
4 relief for those suffering from neck pain and was routinely performing cervical traction
5 on his patients during physical therapy sessions. Dr. Sudell wanted his patients to be
6 able to continue experiencing the therapeutic benefits of cervical traction in between
7 their physical therapy sessions and even after their routine physical therapy sessions
8 had ended, but after looking through the array of at-home cervical traction devices
9 available on the market, Dr. Sudell could not with a good conscience recommend any
10 at-home cervical traction device to his patients. All of the products available at that
11 time were either too expensive and too bulky or were cheaply made and ineffective.
12 3. Instead of watching his clients suffer for lack of an adequate replacement
13 for professionally-performed cervical traction, Dr. Sudell invested his time and energy
14 into inventing and developing an economical alternative that was – above all – effective
15 to provide therapeutic cervical traction but that was also comfortable and economically
16 priced. Dr. Sudell coined his inventive portable cervical traction device the Neck
17 Hammock®.
18 4. The ingenious design of the Neck Hammock® (e.g., as shown in Figure 1
19 below) allows individuals suffering from a variety of conditions, including neck
20 arthritis, a herniated/bulging disc in the neck, pinched nerves, neck strains and cervical
21 muscle spasms to experience therapeutic relief through cervical traction that would
22 normally be administered in the office of a physical therapist.
23
Figure 1
24
25
26
27
28

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 3 of 24

1 5. As illustrated in Figure 2 below, the Neck Hammock® includes shock-


2 absorbing cords attached to opposite ends of a sling that cradles the user’s head. The
3 shock-absorbing cords are anchorable to an environmental object, such as a door or
4 railing, and together with the force of gravity, the tension of the cords provides gentle,
5 therapeutic cervical traction to the user.
6
Figure 2
7
8
9
10
11
12
13
14
15 6. Used in this way, the Neck Hammock® gradually stretches muscles and
16 ligaments around the vertebrae of the spine, expanding space between vertebrae. In the
17 end, pinched nerves are released, herniated and bulging discs relax as pressure is
18 relieved, and blood circulation improves to the structures of the cervical spine, which
19 may help oxygenate muscles, nerves, tendons and ligaments.
20 7. These, and other health benefits that are enabled by the use of the Neck
21 Hammock® result in this device being categorized as a “medical device” according to
22 the Federal Drug Administration (FDA). Such devices require FDA approval for
23 unencumbered commercialization, and Dr. Sudell abided by the applicable laws and
24 regulations to receive FDA approval of the Neck Hammock® as a medical device.
25 8. On October 24, 2017, Neck Hammock launched a campaign on
26 kickstarter.com, which was fully funded within three hours. By December 1, 2017,
27 Neck Hammock successfully raised $901,058 in its Kickstarter campaign – more than
28 4,500% over its original goal of $20,000. Neck Hammock had a sister crowdfunding

3
Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 4 of 24

1 campaign for the Neck Hammock® that they launched on indiegogo.com. This
2 campaign was also extremely successful and fully funded far in advance – for a total
3 $1,642,934 in crowd-sourced, pre-paid orders.
4 9. The revolutionary Neck Hammock® was not only widely received by
5 consumers on crowdfunding websites but in the media as well. The Neck Hammock®
6 was featured on the Dr. Oz Show as one of the best health finds of 2018. The Neck
7 Hammock® received a spotlight article in Forbes and was widely covered by myriad
8 other news and personal health sites.
9 10. However, eager consumers and media outlets were not the only parties
10 interested in the market success of the Neck Hammock®. Unfortunately, after the
11 crowdfunding campaigns launched – but before the successful campaigns had even
12 ended – infringers began copying Neck Hammock’s design and selling cheaply made
13 knock-off products. The Neck Hammock took great care in sourcing the materials and
14 selecting trusted manufacturers that would ensure the production of a consistently safe
15 and reliable product. The shameless copycats that flooded the market in an attempt to
16 ride the coattails of Neck Hammock’s success were not so concerned about functional
17 or safe products and often resulted in mechanical failures and consumer injury when
18 the products were used.
19 11. Neck Hammock was forced to expedite its intellectual property
20 protections to combat the widespread copying of the Neck Hammock® device,
21 branding, and marketing materials. Neck Hammock’s creative achievement resulted in
22 broad intellectual property protection for the Neck Hammock® and associated brand,
23 including utility and design patents, trademarks, and copyright protections.
24 Nevertheless, Neck Hammock’s product innovations have been the subject of
25 widespread copying. Unscrupulous competitors have attempted to capitalize on Neck
26 Hammock’s success by co-opting Neck Hammock’s copyrighted works and patented
27 designs and by misappropriating Neck Hammock’s trademark, including its flagship
28 “Neck Hammock®” mark. To date, over 8,000 unauthorized product listings infringing

4
Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 5 of 24

1 one or more of Neck Hammock’s intellectual property rights have been removed, but
2 the endless whack-a-mole continues despite Neck Hammock’s efforts to police the
3 marketplace.
4 12. Defendants are some of the principal offenders selling knock-off Neck
5 Hammock® devices, infringing Neck Hammock’s patented designs, misappropriating
6 its trademarks, and in some instances, even blatantly ripping off Neck Hammock’s
7 registered copyrights. Defendants sell their infringing products on eCommerce
8 platforms, including https://soothehammock.com.
9 13. With this action, Neck Hammock seeks to put a stop to Defendants’
10 illegal conduct and to obtain compensation for infringement that has occurred thus far.
11 THE PARTIES
12 14. Plaintiff The Neck Hammock, Inc. is a Delaware corporation with a
13 principal place of business at 830 Hill Street, Apt. E, Santa Monica, California. Neck
14 Hammock does business, has customers, and has suffered injury in the District of
15 Arizona.
16 15. Defendant SootheHammock LLC (“SootheHammock”) is an Arizona
17 limited liability corporation with a principal place of business at 6850 E. McDowell
18 Rd., Unit 20, Scottsdale, Arizona 85257.
19 16. Defendant Sebastian Ghiorghiu (“Ghiorghiu”) is an individual and
20 resident of the State of Arizona, with a residential address of 6850 E. McDowell Rd.,
21 Unit 20, Scottsdale, Arizona 85257. Ghiorghiu is the sole manager and member of
22 SootheHammock.
23 JURISDICTION
24 17. This Court has subject matter jurisdiction under 15 U.S.C. § 1121 (action
25 arising under the Lanham Act); 28 U.S.C. § 1331 (federal question); 28 U.S.C.
26 § 1338(a) (any Act of Congress relating to patents or trademarks); 28 U.S.C. § 1338(b)
27 (action asserting claim of unfair competition joined with a substantial and related claim
28 under the trademark laws); and 28 U.S.C. § 1367 (supplemental jurisdiction).

5
Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 6 of 24

1 18. This Court has personal jurisdiction over Defendants Soothehammock


2 and Ghiorghiu because each Defendant has committed and continues to commit acts of
3 infringement in violation of 35 U.S.C. § 271 and 15 U.S.C. §§ 1114 and 1125 in this
4 District, and because each Defendant resides or maintains a principal place of business
5 within this district. In addition, the infringing acts by Defendants cause substantial
6 injury to Neck Hammock in this District. On information and belief, Defendants derive
7 substantial revenue from their sale of infringing products within this District, expect
8 their actions to have consequences within this District, and derive substantial revenue
9 from interstate and international commerce directed to and from this District.
10 VENUE
11 19. Venue is proper in this District under 28 U.S.C. §§ 1391(b) and 1400(b)
12 because Defendants are residents in this District and because a substantial part of the
13 complained of infringing conduct took place in this District. In addition, Neck
14 Hammock suffered harm in this District and Defendants transact business within this
15 District.
16 BACKGROUND
17 20. Neck Hammock is a world-leading manufacturer of innovative portable
18 devices designed to offer pain relief, including the cervical traction device designed to
19 offer neck pain relief widely known as the Neck Hammock® cervical traction device.
20 Neck Hammock’s business is dedicated to the development of portable pain relief
21 devices. In its short time providing affordable pain relief devices, Neck Hammock has
22 filled an important niche in the physical therapy market by offering innovative home-
23 solutions to physical health problems.
24 21. Cervical traction generally refers to methods of applying force to relieve
25 neck pain for individuals suffering from various ailments, including neck arthritis,
26 herniated/bulging discs in the neck, pinched nerves, neck strains, or cervical muscle
27 spasms. Cervical traction entails gently urging the head away from the neck, and
28 gradually stretching muscles and ligaments around the vertebrae of the spine and

6
Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 7 of 24

1 expanding space between vertebrae. Cervical traction may release pinched nerves,
2 relax herniated and bulging discs by relieving pressure, improve blood circulation to
3 the structures for the cervical spine, and help oxygenate muscles, nerves, tendons and
4 ligaments in the head and neck area.
5 22. Traditionally, individuals could only receive cervical traction at a medical
6 facility or office. Such visits were often time-consuming, inconvenient, and costly.
7 Moreover, due to the cost, patients could generally only afford such visits periodically.
8 23. Modern at-home cervical traction devices are available in the market.
9 However, many of these devices are complex, cumbersome, bulky, expensive and
10 potentially unsafe. For example, many home cervical traction devices include headgear
11 which includes straps around the user’s forehead, head, and chin. Such headgear is
12 cumbersome, constricting, and inconvenient; in addition, such products exert stress at
13 the jaw that may lead to or exacerbate temporomandibular disorders. Moreover, many
14 such devices require weights and pulleys to exert tension, which are at the very least
15 bulky, cumbersome, and inconvenient but which are also potentially dangerous. Other
16 similar devices include clamps and brackets for attachment to doors and furniture,
17 which can mar surface finishes and interfere with use of the door or furniture.
18 24. While working as a physical therapist, Dr. Sudell worked with and helped
19 patients experiencing, inter alia, neck pain. Based on his work, Dr. Sudell recognized
20 the need for an easy to use, compact, non-marring, and effective traction device that
21 minimized discomfort and avoided potentially injurious stresses, while remaining an
22 economically feasible option for users. Consequently, Dr. Sudell invented the widely
23 recognized device known as the Neck Hammock® cervical traction device (shown
24 below in Figure 3) and founded the corporation known as “The Neck Hammock.”
25
26
27
28

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 8 of 24

1
2
3
4
5
6
7
8
9
10
Figure 3
11
12
25. Neck Hammock has protected its innovative designs through a broad
13
range of intellectual property rights. Among those rights are the patents listed below
14
(the “Neck Hammock Patents”):
15
16 Patent Number Title

17
10,307,284 (“’284 Patent”) Portable Traction Device with Sling
18
19 D824,035 (“’D035 Patent”) Portable Traction Device

20
D845,492 (“’D492 Patent”) Portable Traction Device
21
22 D845,494 (“’D494 Patent”) Portable Traction Device
23
24 26. Neck Hammock obtained U.S. trademarks related to physical therapy
25 and cervical traction, including the registered trademarks listed below (the “Neck
26 Hammock Trademarks”):
27
28

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 9 of 24

1
Trademark
Registration Number
2
3 Neck Hammock
5,626,795 (“’795 Trademark”)
4
The Neck Hammock
5 5,439,768 (“’768 Trademark”)

6 5,557,079 (“’079 Trademark”)


7
8
9
10 27. Rather than innovate and develop their own technology and products,
11 Defendants copied Neck Hammock’s patented technology and designs, and market
12 those infringing designs using the Neck Hammock’s own copyrighted text and website
13 descriptions to unfairly compete with Neck Hammock. Defendants sell or advertise the
14 Accused Products online at URLs including at their website:
15 https://soothehammock.com.
16
17 FIRST CAUSE OF ACTION
Unfair Competition
18
15 U.S.C. § 1125(a)
19 28. Neck Hammock incorporates and realleges each and every allegation in
20 the preceding paragraphs, as if fully set forth herein.
21 29. Neck Hammock owns the Neck Hammock Trademarks.
22 30. Neck Hammock registered the Neck Hammock Trademarks with the
23 United States Patent and Trademark Office.
24 31. The Neck Hammock Trademarks are valid and subsisting trademarks in
25 full force and effect.
26 32. Neck Hammock owns a website at the URL: https://neckhammock.com/.
27
28

9
Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 10 of 24

1 33. Neck Hammock also manages other websites, including the Kickstarter
2 pages for the initial product launch for Neck Hammock® products.
3 34. Defendants engage in unfair competition with Neck Hammock by making
4 virtually identical copies of Neck Hammock’s web pages and by making false
5 representations to customers.
6
7
8
9
10
11
12
13
14
SootheHammock
15 Neck Hammock
(www.soothehammock.com)
(www.neckhammock.com)
16
17 35. The example above shows how Defendants’ SootheHammock website
18 copies many aspects of Plaintiff’s Neck Hammock website. Defendants’ scheme to
19 confuse consumers includes false and fraudulent representations to customers. For
20 example, Defendants represent that their products were featured on other websites
21 including Mashable, TrendHunter, Kickstarter, and Digital Trends. These
22 representations to customers are false and fraudulent and constitute unfair competition.
23 36. Additional examples show how Defendants compete unfairly by stealing
24 nearly every aspect of Plaintiff’s description of its products. The two examples below
25 – one from Neck Hammock and one from the copycat SootheHammock – with word
26 for word identical copying.
27
28

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 11 of 24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15 Neck Hammock - Kickstarter
(https://www.kickstarter.com/proje SootheHammock
16 (www.soothehammock.com)
cts/neckhammock/the-neck-
17 hammock-best-neck-pain-relief)
18 37. Defendants’ unauthorized use of the Neck Hammock promotional and
19 commercial materials, and copyrighted text, are likely to cause confusion, to cause
20 mistake, or to deceive the consumer as to the affiliation, connection, or association of
21 Defendant’s knock-off products with Neck Hammock, or as to the origin, or approval
22 by Neck Hammock of Defendants’ goods, services, or commercial activities, in
23 violation of 15 U.S.C. § 1125(a).
24 38. Defendants’ unauthorized use of the Neck Hammock materials and
25 unique product descriptions enables Defendants to benefit unfairly from Neck
26 Hammock’s good reputation and wide-spread success, thereby giving Defendants
27 infringing product sales and commercial value they would not have otherwise received,
28 in violation of 15 U.S.C. § 1125(a).

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 12 of 24

1 39. Defendants’ unauthorized use of the Neck Hammock materials and


2 unique product descriptions as described herein has been and continues to be
3 intentional, willful, and without regard to Neck Hammock’s rights.
4 40. Neck Hammock is suffering irreparable harm from Defendants’
5 infringement of the Neck Hammock materials and unique product descriptions insofar
6 as Neck Hammock’s good will is being eroded by Defendants’ continued infringement.
7 Neck Hammock has no adequate remedy at law to compensate it for the loss of business
8 reputation, customers, market position, confusion of potential customers, and goodwill
9 flowing from Defendants’ infringing activities. Pursuant to 15 U.S.C. § 1116, Neck
10 Hammock is entitled to an injunction against Defendants’ continuing unfair
11 competition.
12 41. Because Defendants’ actions have been committed with intent to damage
13 Neck Hammock and to confuse and deceive the public, Neck Hammock is entitled to
14 treble its actual damages or Defendants’ profits, whichever is greater, and to an award
15 of costs and, this being an exceptional case, reasonable attorneys’ fees pursuant to 15
16 U.S.C. § 1117(a) and 1117(b).
17
SECOND CAUSE OF ACTION
18 Infringement of the ’284 Patent
35 U.S.C. § 271
19
20 42. Neck Hammock incorporates and realleges each and every allegation in
21 the preceding paragraphs, as if fully set forth herein.
22 43. On June 14, 2018, United States Patent No. 10,307,284 was duly and
23 legally issued by the United States Patent and Trademark Office for an invention
24 entitled “Portable Traction Device with Sling.” A true and correct copy of the ’284
25 Patent is attached as Exhibit A.
26 44. Neck Hammock is the owner of the ’284 Patent.
27 45. Defendants have infringed one or more claims of the ’284 Patent under
28 35 U.S.C. § 271(a) by, among other things, offering for sale, selling, importing, and/or

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 13 of 24

1 distributing the Accused Products in the United States.


2 46. Neck Hammock has provided Defendants with actual notice of their
3 infringement of the ’284 Patent.
4 47. The Accused Products include “a sling assembly” as required by claim 1
5 of the ’284 Patent, the “sling comprising flexible material and having a first side, a
6 second side opposite the first side, a superior edge, and an inferior edge,” as required
7 by claim 1 of the ’284 Patent.
Superior Edge
8
9 First Side Second Side
10 Flexible 
Material
11
12
13
14
15  Inferior Edge
Accused Product
16 (https://soothehammock.com)

17
48. The Accused Products include “the sling being elongated and sized to
18
cradle and engage an occipital bone portion of a user’s head via at least a frictional
19
portion of the sling disposed between the superior edge and the inferior edge of the
20
sling when the first side extends to a first side of the user’s head and the second side
21
extends to a second side of the user’s head,” as required by claim 1 of the ’284 Patent.
22
23
24
25
26
27
28

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 14 of 24
Elongated and sized to  Frictional 
cradle and engage an  portion 
1 occipital bone.
2
3
4
5
6
7
8
9
10
11
12
13
14 Accused Product
(https://soothehammock.com)
15
16 49. The Accused Products include “a base cushion attached to the sling
17 between the superior edge and the inferior edge and approximately centered between
18 the first and second sides of the sling,” as required by claim 1 of the ’284 Patent.
19 Base Cushion
20
21
22
23
24
25
Accused Product
26 (https://soothehammock.com)
27
28

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 15 of 24

1 50. The Accused Products include “a first side cushion disposed between the
2
base cushion and the and the first side of the sling,” and “a second side cushion disposed
3
between the base cushion and the second side of the sling,” as required by claim 1 of
4
5 the ’284 Patent.

6
7
8
9
10
11
12 First Side  Second Side 
13 Cushion Cushion
Accused Product
14 (https://soothehammock.com)
15
16 51. The Accused Products include “a pair of side attachments comprising a

17 first side attachment extending from the first side of the sling and a second side

18 attachment extending from the second side of the sling,” as required by claim 1 of the

19 ’284 Patent.

20
21
22
23
24
25
First Side  Second Side 
26
Attachment Attachment
27 Accused Product
(https://soothehammock.com)
28

15
Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 16 of 24

1 52. The Accused Products include “flexible elastic tethers operable to


2 selectively attach to the pair of side attachments via first ends of the flexible elastic
3 tethers,” as required by claim 1 of the ’284 Patent.
Flexible Elastic Tethers 
4
5
6
7
8
9
10
11
12
13
14
15
16 Accused Product
(https://soothehammock.com)
17
18 53. The Accused Products include “an anchor operable to selectively attach
19 to the sling and to an anchoring object, wherein the anchor comprises: an anchor tab;
20 an anchor connector operable to selectively attach to second ends of the flexible elastic
21 tethers; and an anchor strap disposed between and connecting the anchor tab and the
22 anchor connector.” as required by claim 1 of the ’284 Patent.
23
24
25
26
27
28

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 17 of 24

1
2
3
4
5
Anchor Tab(s)
6
7
8
9 Anchor  
Connector(s) Anchor Strap(s)
10
11
12
13
Accused Product
14 (https://soothehammock.com)
15
16 54. Defendants have infringed at least claim 1 of the ’284 Patent and one or
17 more additional claims of the ’284 Patent under 35 U.S.C. § 271 by offering for sale,
18 selling, importing, and/or distributing the Accused Products in the United States.
19 55. Defendants have willfully infringed the ’284 Patent with knowledge of
20 the ’284 Patent or were willfully blind to the patent and the risk of infringement.
21 56. Defendants’ infringement of the ’284 Patent has caused and continues to
22 cause damages to Neck Hammock.
23 57. As a result of the Defendants’ infringement, Neck Hammock has been
24 damaged and is entitled to damages, costs, and attorneys’ fees, in an amount to be
25 proven at trial.
26 58. Defendants’ infringement of the ’284 Patent has caused and continues to
27 cause irreparable harm to Neck Hammock.
28

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 18 of 24

1 59. As a result of the Defendants’ past and ongoing infringement, Neck


2 Hammock is entitled to injunctive relief.
3 THIRD CAUSE OF ACTION
4 Infringement of the ’D035 Patent
35 U.S.C. § 271
5
6 60. Neck Hammock incorporates and realleges each and every allegation in
7 the preceding paragraphs, as if fully set forth herein.
8 61. On July 24, 2018, United States Design Patent No. D824,035 was duly
9 and legally issued by the United States Patent and Trademark Office. A true and correct
10 copy of the ’D035 Patent is attached as Exhibit B.
11 62. Neck Hammock is the owner of the ’D035 Patent.
12 63. Defendants have infringed and continue to infringe the ’D035 Patent by
13 using, selling and/or offering to sell in the United States, and/or importing into the
14 United States one or more of the Accused Products identified in this Complaint, such
15 that an ordinary observer, familiar with the prior art, would be deceived into thinking
16 that the accused design was the same as the patented design, as detailed below.
17
18 U.S. Patent No. D842,035 Accused Product
19
20
21
22
23
24
25 (https://soothehammock.com)

26
27
28

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 19 of 24

1
2
3
4
5 (https://soothehammock.com)

6
7 64. Defendants have willfully infringed the ’D035 Patent with knowledge of
8 the ’D035 Patent or were willfully blind to the patent and the risk of infringement.
9 65. Defendants’ infringement of the ’D035 Patent has caused and continues
10 to cause damages to Neck Hammock.
11 66. As a result of the Defendants’ infringement, Neck Hammock has been
12 damaged and is entitled to damages, costs, and attorneys’ fees, in an amount to be
13 proven at trial.
14 67. Defendants’ infringement of the ’D035 Patent has caused and continues
15 to cause irreparable harm to Neck Hammock.
16 68. As a result of the Defendants’ past and ongoing infringement, Neck
17 Hammock is entitled to injunctive relief.
18
FOURTH CAUSE OF ACTION
19 Infringement of the ’D492 Patent
35 U.S.C. § 271
20
21 69. Neck Hammock incorporates and realleges each and every allegation in
22 the preceding paragraphs, as if fully set forth herein.
23 70. On April 9, 2019, United States Design Patent No. D824,492 was duly
24 and legally issued by the United States Patent and Trademark Office. A true and
25 correct copy of the ’D492 Patent is attached as Exhibit C.
26 71. Neck Hammock is the owner of the ’D492 Patent.
27 72. Defendants have infringed and continue to infringe the ’D492 Patent by
28 using, selling and/or offering to sell in the United States, and/or importing into the

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 20 of 24

1 United States one or more of the Accused Products identified in this Complaint, such
2 that an ordinary observer, familiar with the prior art, would be deceived into thinking
3 that the accused design was the same as the patented design, as detailed below.
4 U.S. Patent No. D845,492 Accused Product
5
6
7
8
9
10
11 (https://soothehammock.com)
12
13
14
15
(https://soothehammock.com)
16
17 73. Defendants have willfully infringed the ’D492 Patent with knowledge of
18 the ’D492 Patent or were willfully blind to the patent and the risk of infringement.
19 74. Defendants’ infringement of the ’D492 Patent has caused and continues
20 to cause damages to Neck Hammock.
21 75. As a result of the Defendants’ infringement, Neck Hammock has been
22 damaged and is entitled to damages, costs, and attorneys’ fees, in an amount to be
23 proven at trial.
24 76. Defendants’ infringement of the ’D492 Patent has caused and continues
25 to cause irreparable harm to Neck Hammock.
26 77. As a result of the Defendants’ past and ongoing infringement, Neck
27 Hammock is entitled to injunctive relief.
28

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Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 21 of 24

1 FIFTH CAUSE OF ACTION


2 Infringement of the ’D494 Patent
35 U.S.C. § 271
3
4 78. Neck Hammock incorporates and realleges each and every allegation in
5 the preceding paragraphs, as if fully set forth herein.
6 79. On April 9, 2019, United States Design Patent No. D824,494 was duly
7 and legally issued by the United States Patent and Trademark Office. A true and correct
8 copy of the ’D494 Patent is attached as Exhibit D.
9 80. Neck Hammock is the owner of the ’D494 Patent.
10 81. Defendants have infringed and continue to infringe the ’D494 Patent by
11 using, selling and/or offering to sell in the United States, and/or importing into the
12 United States one or more of the Accused Products identified in this Complaint, such
13 that an ordinary observer, familiar with the prior art, would be deceived into thinking
14 that the accused design was the same as the patented design, as detailed below.
15 U.S. Patent No. D845,494 Accused Product
16
17
18
19
20
21
22 (https://soothehammock.com)
23
24
25
26
(https://soothehammock.com)
27
28

21
Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 22 of 24

1 82. Defendants have willfully infringed the ’D494 Patent with knowledge of
2 the ’D494 Patent or were willfully blind to the patent and the risk of infringement.
3 83. Defendants’ infringement of the ’D494 Patent has caused and continues
4 to cause damages to Neck Hammock.
5 84. As a result of the Defendants’ infringement, Neck Hammock has been
6 damaged and is entitled to damages, costs, and attorneys’ fees, in an amount to be
7 proven at trial.
8 85. Defendants’ infringement of the ’D494 Patent has caused and continues
9 to cause irreparable harm to Neck Hammock.
10 86. As a result of the Defendants’ past and ongoing infringement, Neck
11 Hammock is entitled to injunctive relief.
12 PRAYER FOR RELIEF
13 Wherefore, Neck Hammock respectfully prays that the Court enter judgment in
14 its favor and award the following relief against Defendants:
15 A. A judgment in favor of Neck Hammock that Defendants engaged in
16 unfair competition and unfair trade practices in violation of 15 U.S.C. § 1125.
17 B. An order and judgment enjoining Defendants and its officers, directors,
18 employees, agents, licensees, representatives, affiliates, related companies, servants,
19 successors and assigns, and any and all persons acting in privity or in concert with any
20 of them, from infringing the registered Neck Hammock Trademarks; from passing off
21 Defendants’ products as associated with or sponsored or affiliated with Neck
22 Hammock; for the destruction of any infringing articles; and for reasonable funds for
23 corrective advertising to correct Defendants’ misleading association with Neck
24 Hammock;
25 C. A judgment awarding Neck Hammock damages in an amount to be
26 determined at trial, an accounting of Defendants’ profits, and costs of the action
27 pursuant to 15 U.S.C. § 1117.
28

22
Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 23 of 24

1
D. Any other remedy to which Neck Hammock may be entitled, including
2
all remedies provided for in 15 U.S.C. § 1117 et seq.
3
E. A judgment in favor of Neck Hammock that Defendants infringed one or
4
more claims of each of the Neck Hammock Patents;
5
F. A judgment in favor of Neck Hammock that Defendants willfully
6
infringed each of the Neck Hammock Patents;
7
G. An order and judgment preliminarily and permanently enjoining
8
Defendants and its officers, directors, employees, agents, licensees, representatives,
9
affiliates, related companies, servants, successors and assigns, and any and all persons
10
acting in privity or in concert with any of them, from further acts of infringement of the
11
Neck Hammock Patents;
12
H. A judgment awarding Neck Hammock damages for infringement of the
13
Neck Hammock Patents pursuant to 35 U.S.C. § 284, together with prejudgment
14
interest;
15
I. A judgment trebling damages pursuant to 15 U.S.C. § 1117 and 35 U.S.C.
16
§ 284;
17
J. A judgment that this is an exceptional case, pursuant to 15 U.S.C. § 1117
18
and 35 U.S.C. § 285, together with an award of Plaintiff’s reasonable attorneys’ fees.
19
K. Any other relief the Court deems just and proper under all the
20
circumstances.
21
22
23
24
25
26
27
28

23
Case 2:20-cv-00060-JZB Document 1 Filed 01/09/20 Page 24 of 24

1
Demand for Trial by Jury
2
Neck Hammock demands a jury trial on all matters triable to a jury.
3
4 DATED this 9th day of January 2020.

5 OSBORN MALEDON, P.A.


6
By s/ Brett L. Dunkelman
7 Brett L. Dunkelman
Eric M. Fraser
8 2929 N. Central Avenue, Suite 2100
Phoenix, Arizona 85012-2793
9
Brent P. Lorimer
10 Brian N. Platt
Workman | Nydegger
11 60 East South Temple, Suite 1000
Salt Lake City, Utah 84111
12 Telephone: (801) 533-9800
13 Attorneys for Plaintiff
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

24
Page 1 of 2
Case 2:20-cv-00060-JZB Document 1-1 Filed 01/09/20 Page 1 of 2

UNITED STATES DISTRICT COURT


DISTRICT OF ARIZONA

Civil Cover Sheet


This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in
September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet.
The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as
required by law. This form is authorized for use only in the District of Arizona.

The completed cover sheet must be printed directly to PDF and filed as an
attachment to the Complaint or Notice of Removal.

Plaintiff(s): Defendant(s): Soothehammock, LLC ;


Neck Hammock, Inc.
Sebastian Ghiorghiu
County of Residence: Outside the State of
County of Residence: Maricopa
Arizona
County Where Claim For Relief Arose: Maricopa

Plaintiff's Atty(s): Defendant's Atty(s):


Brett Dunkelman
Eric M. Fraser
Osborn Maledon, P.A.
2929 N Central Ave., Suite 2100
Phoenix, Arizona 85012
602-640-9000

II. Basis of Jurisdiction: 3. Federal Question (U.S. not a party)

III. Citizenship of Principal


Parties (Diversity Cases Only)
Plaintiff:- N/A
Defendant:- N/A

IV. Origin : 1. Original Proceeding

V. Nature of Suit: 830 Patent

VI.Cause of Action: 35 U.S.C. Sec 271; patent infringement

VII. Requested in Complaint


Class Action: No
Dollar Demand:

http://www.azd.uscourts.gov/cgi-bin/generate_civil_js44.pl 1/9/2020
Page 2 of 2
Case 2:20-cv-00060-JZB Document 1-1 Filed 01/09/20 Page 2 of 2

Jury Demand: Yes

VIII. This case is not related to another case.

Signature: s/ Brett L. Dunkelman

Date: Jan. 9, 2020

If any of this information is incorrect, please go back to the Civil Cover Sheet Input form using the Back button in
your browser and change it. Once correct, save this form as a PDF and include it as an attachment to your case
opening documents.

Revised: 01/2014

http://www.azd.uscourts.gov/cgi-bin/generate_civil_js44.pl 1/9/2020
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 1 of 41

Exhibit A
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 2 of 41
US010307284B2

(12) United States Patent ( 10) Patent No.: US 10 ,307,284 B2


Sudell (45 ) Date of Patent : * Jun. 4 , 2019
(54 ) PORTABLE TRACTION DEVICE WITH (58 ) Field of Classification Search
SLING CPC .. A61F 5 /055 ; A61F 5 /024 ; A61H 2201 /1607
USPC . .. . ... ... ............... 602/ 35 – 36 , 18
(71) Applicant: THE NECK HAMMOCK , INC ., See application file for complete search history .
Wilmington , DE (US )
(72 ) Inventor: Steven Sudell, Santa Monica, CA (US) (56 ) References Cited
U .S . PATENT DOCUMENTS
(73) Assignee : THE NECK HAMMOCK , INC.,
Wilmington , DE (US ) 2 ,674 ,996 A
3 ,033 , 198 A
4 / 1954 Stowell et al.
5 / 1962 Jensen
3 , 118 ,443 A 1/ 1964 Dykinga
( * ) Notice : Subject to any disclaimer , the term of this 3 ,221,735 A * 12 / 1965 Goodman A61H 1/00
patent is extended or adjusted under 35 602 /33
U .S . C . 154 (b ) by 0 days. D213 ,478 S 3/ 1969 Nightingale
This patent is subject to a terminal dis 4 , 220 , 147 A 9 / 1980 Allen
D332 ,495 S 1/ 1993 Lake
claimer . (Continued )
(21 ) Appl. No.: 16 /008 ,247 FOREIGN PATENT DOCUMENTS
(22 ) Filed : Jun. 14, 2018 GB 1315519 A * 5 / 1973 ........... A61H 1/0218
(65 ) Prior Publication Data OTHER PUBLICATIONS
US 2018 /0289525 A1 Oct . 11, 2018
International Search Report and Written Opinion issued in PCT/
Related U .S . Application Data US2018 /015415 dated Mar. 22 , 2018 .
(63 ) Continuation of application No. 15 /600 , 901, filed on (Continued )
May 22, 2017
(60 ) Provisional application No. 62/ 374,259, filed on Aug .
Primary Examiner - Kim M Lewis
12 , 2016 .
(74 ) Attorney, Agent, or Firm — Workman Nydegger
(57) ABSTRACT
(51) Int. Ci. A sling of a portable traction device cradles a user's head
A61F 5 /00 ( 2006 .01)
A61F 5 /055 (2006 .01) and includes a pair of shock cords attached at opposite ends
A61F 5 /042 (2006 .01) of the sling . The ends of the shock cords opposite shock
A61H 1/02 ( 2006 .01) cords are anchored is anchored to a structure, such as a
A61F 5 /048 ( 2006 .01) closed door at the hinged side of the door, between the door
(52) U .S. CI. and door frame, using an anchor, at a height, to generate a
CPC .............. A61F 5 /055 ( 2013 .01); A61F 5 /042 tension vector at an acute angle relative to the floor. The
( 2013 .01) ; A61H 1 /0218 ( 2013 .01); A61F tension applies cervical traction .
5 /048 (2013 .01); A61H 2201/0123 (2013 .01);
A61H 2201/ 1611 (2013.01 ) 18 Claims, 11 Drawing Sheets

420

415
??? .

.
-

315
310

210
205 300 305
505
100

MS 500
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 3 of 41

US 10 ,Page
307,2284 B2

(56 ) References Cited D790 ,072


9 ,668, 906
S
B26
6 / 2017
/ 2017
Hiebert
Thorsteindottir
U . S . PATENT DOCUMENTS 9 ,713 ,546 B2 7 /2017 Thorsteindottir
D794 ,809 S 8 / 2017 Gramza
5 ,451,202 A * 9 / 1995 Miller ... .. .......... A61H 1/0218 D812 ,236 S 3/ 2018 Burke
602 /35 2005 /0113728 Al * 5 /2005 Heinz .. .. . .. . . A61F 5 / 055
5 ,479 ,667 A 1/ 1996 Nelson et al. 602/ 18
D422,710 S 4 / 2000 Maynard 2006 /0288490 A1 12 /2006 Mikkelsen et al.
6 , 113 ,564 A * 9 / 2000 McGuire . ... A61H 1/0229 2010 / 0222729 AL 9 /2010 Chin et al.
482 / 131 2014 /0249461 A1* 9 /2014 Bissell ... A61H 1/0218
6 , 183,501 B1 2 / 2001 Latham 602/ 36
6 , 939, 269 B2 9 / 2005 Makofsky 2018 /0028389 A1 * 2 / 2018 Adimari .............. A61H 1/0292
D550 ,847 S 9 / 2007 Kixmiller 2018 /0042757 A1 2/2018 Sudell
D626 ,244 S 10/2010 Sagnip
8 ,657 ,774 B1 2 / 2014 Fisher OTHER PUBLICATIONS
8 ,782 ,831 B2 7 / 2014 Houston
D713 ,049 S 9 /2014 Shah Selenechen Hammock for Neck , Neck Massager for Men Women ,
D713 ,535 S 9 / 2014 Chiang et al.
D749,230 S 2/ 2016 Safko Relaxation Massager Great for Neck Pain Relief Amazon .
9 ,526 , 965 B2 * 12 / 2016 Gatherer ............ A63B 71/0054 U .S . Appl. No. 29/640 , 156 , Apr. 12 , 2018 , Office Action .
D784 ,546 S 4 /2017 Gordon
D789 ,546 S 6 / 2017 Matfus * cited by examiner
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 4 of 41

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Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 15 of 41

US 10 , 307 ,284 B2
PORTABLE TRACTION DEVICE WITH to cradle and engage an occipital bone portion of a user 's
SLING head via at least a frictional portion of the sling disposed
between the superior edge and the inferior edge of the sling
RELATED APPLICATION when the first side extends to a first side of the user 's head
5 and the second side extends to a second side of the user 's
This application is a continuation of U .S . patent applica - head. The sling assembly can also include a base cushion
tion Ser. No . 15 /600 , 901 filed on May 22 , 2017 , entitled attached to the sling between the superior edge and the
“ PORTABLE TRACTION DEVICE WITH SLING ” , which inferior edge and approximately centered between the first
claimsthe benefit of priority of U .S . Provisional Application and second sides of the sling, a first side cushion disposed
62/ 374 , 259 filed on Aug. 12 , 2016 , entitled “ PORTABLE 10 between the base cushion and the first side of the sling, and
TRACTION DEVICE WITH SLING ” . a second side cushion disposed between the base cushion
and the second side of the sling. The sling assembly can also
FIELD OF THE INVENTION include a pair of side attachments that include a first side
attachment extending from the first side of the sling and a
This invention relates generally to cervical traction , and, 15 second side attachment extending from the second side of
more particularly , to a portable device to apply cervical the sling. The portable traction device can additionally
traction . include flexible elastic tethers operable to selectively attach
to the pair of side attachments via first ends of the flexible
BACKGROUND elastic tethers and an anchor operable to selectively attach to
20 the sling and to an anchoring object.
Cervical traction is a method of applying force to relieve Embodiments of the present disclosure additionally
neck pain for individuals suffering from neck arthritis , a include methods of applying cervical traction to a user using
herniated /bulging disc in the neck , pinched nerves , neck the exemplary portable traction device . An exemplary
strains and cervicalmuscle spasms. Cervical traction entails method includes steps of attaching the anchor to the anchor
urging the head away from the neck . Doing so , gradually 25 ing object, at a height above the floor ; stretching the pair of
stretches muscles and ligaments around the vertebrae of the flexible elastic tethers at an acute angle relative to the floor
spine and expands space between vertebrae . Pinched nerves to produce a tensile force including a vector component
are released . Herniated and bulging discs relax as pressure parallel to the floor towards the anchor, and a vector com
is relieved . Blood circulation improves to the structures of ponent perpendicular to the floor and upward ; and cradling ,
the cervical spine , helping to oxygenate muscles , nerves , 30 with the sling, while the pair of flexible elastic tethers is
tendons and ligaments . stretched , the head of the user, the user being substantially
In the past, individuals were relegated to visiting a physi- supine on a floor, with the user' s head spaced apart from and
cal therapist for neck traction . Such visits are time consum - aimed towards the anchoring object, and the user ' s feet
ing, often inconvenient and costly . Additionally , patients can aimed away from the anchoring object. The height above the
afford such visits only periodically . 35 floor can be about at least two feet. Additionally , the tensile
Today, home cervical traction devices are legion . Using force can be at least five pounds.
such a device, an individual apply traction effectively , con - A portable traction device according to principles of the
veniently and frequently . Unfortunately , however , many of invention thus provides an easy to use , compact, portable ,
the devices are complex , cumbersome, bulky, costly and stowable , non -marring, effective traction device that mini
potentially injurious. 40 mizes discomfort and avoids potentially injurious stresses.
As one example , many home traction devices include
headgear which include straps around the user's forehead BRIEF DESCRIPTION OF THE DRAWINGS
head and chin . Such headgear is not only cumbersome,
constricting and inconvenient, but may also exert stresses at The foregoing and other aspects, objects, features and
the jaw that may lead to or exacerbate temporomandibular 45 advantages of the invention will become better understood
disorders. As another example, many such devices require with reference to the following description , appended
weights and pulleys to exert tension . Such devices are bulky , claims, and accompanying drawings, where :
cumbersome and inconvenient. As yet another example , FIG . 1 is a top perspective view that conceptually illus
many devices include clamps and brackets for attachment to trates a traction device in use according to principles of the
doors and furniture . Such hardware mars surface finishes 50 invention ; and
and interferes with use of the door or furniture . FIG . 2 is a side view that conceptually illustrates a
What is needed is an easy to use , compact, non -marring, traction device in use according to principles of the inven
effective traction device that minimizes discomfort and tion ; and
avoids potentially injurious stresses. FIG . 3 is a bottom perspective view that conceptually
The invention is directed to overcoming one or more of 55 illustrates a traction device in use according to principles of
the problems and solving one or more of the needs as set the invention ; and
forth above . FIG . 4 is a top perspective view that conceptually illus
trates a sling assembly for a traction device in use according
SUMMARY OF THE INVENTION to principles of the invention ; and
60 FIG . 5 is a bottom perspective view that conceptually
To solve one or more of the problems set forth above, in illustrates a sling assembly for a traction device in use
an exemplary implementation of the invention, a portable according to principles of the invention ; and
traction device according to principles of the invention FIG . 6 is a top perspective view that conceptually illus
includes a sling assembly . The sling assembly includes a trates a door anchor, in use , for a traction device according
sling made of or including flexible material and having a first 65 to principles of the invention ; and
side , a second side opposite the first side , a superior edge , FIG . 7 is a plan view of a door anchor for a traction device
and an inferior edge. The sling can be elongated and sized according to principles of the invention ; and
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 16 of 41

US 10 , 307,284 B2
FIG . 8 is a top perspective view of a door anchor for a opposite end 207, 212 to a door anchor 300, where the ends
traction device according to principles of the invention ; and 207 , 212 converge . The door anchor 300 is described in
FIG . 9 is a side view of a door anchor for a traction device greater detail below with reference to FIGS. 7 through 9 .
according to principles of the invention ; and The door anchor 300 is locked between the hinged edge of
FIG . 10 is a top perspective view of a leg anchor, in use , 5 the door 400 and the door frame 405 , when the door 400 is
for a traction device according to principles of the invention . closed . In such an embodiment, the closed door is deemed
FIG . 11 is a plan view of an alternative anchor for a an anchoring object while the sling assembly 100 is in use .
traction device according to principles of the invention ; and With reference to FIG . 2 , net tension exerted by the shock
FIG . 12 is a top perspective view of an alternative anchor cords 205 , 210 is directed from the cradled portion of the
for a traction device according to principles of the invention ; 10 user ' s head 505 to the anchor 300 , at an acute angle 0
and ( greater than 0° but less than 90° , preferably between 15°
FIG . 13 is a side view of an alternative anchor for a and 609) relative to a planar (e . g ., horizontal floor) surface .
traction device according to principles of the invention ; and Thus the tensile force vector includes a horizontal compo
FIG . 14 is a side view that conceptually illustrates a nent away from the user 's head 505 towards the door 400 ,
traction device in use according to principles of the inven - 15 and a vertical component upwardly from the floor. The
tion ; and vertical component helps to ensure that the sling 100 does
FIG . 15 is a bottom perspective view that conceptually not slip off and disengage the user 's head 505 . The vertical
illustrates a sling assembly for a traction device in use component of the tensile force and friction between the
according to principles of the invention . user' s head and the sling assembly 100 obviate need for a
Those skilled in the art will appreciate that the figures are 20 chin strap or other cumbersome head attachment. A portion
not intended to be drawn to any particular scale; nor are the of the sling 100 that cradles the user ' s head , particularly at
figures intended to illustrate every embodiment of the inven the occipital bone portion of the user's head situated at the
tion . The invention is not limited to the exemplary embodi - back and lower part of the skull, is a frictionally engaging
ments depicted in the figures or the specific components, portion that does not slide off the head during normal use .
configurations, shapes , relative sizes , ornamental aspects or 25 During normal use , the sling assembly 100 will not slide out
proportions as shown in the figures . from beneath the user 's head 505 . The angle 8 and horizon
tal and vertical components of the force vector may be
DETAILED DESCRIPTION varied by adjusting d , the distance from the door, and h , the
height of the anchor.
A portable traction device according to principles of the 30 While the Figures may illustrate the user's head against
invention provides an easy to use , compact, non -marring, (or nearly against) the floor, it is understood that the vertical
effective traction device that minimizes discomfort and component of the tensile force may pull the user 's head
avoids potentially injurious stresses . A sling cradles a user 's upward from the floor. Such lifting of the user 's head 505
head , particularly the occipital bone portion of the user 's provides considerable comfort to the user without apprecia
head situated at the back and lower part of the skull. The 35 bly compromising the horizontal component of the tensile
sling includes cushions for comfort and enhanced frictional force . A user may counteract the lifting force by urging his
engagement of the user ' s head . The sling also includes an or her head against the floor. However, such counteraction is
arched portion that extends beyond the occipital bone por- unnecessary .
tion of the user ' s head to the lambdoid suture and lateral In the bottom - up perspective view of FIG . 3 , the sling
portion of the parietal bones of the user ' s head . The sling is 40 assembly 100 relative to the head 505 is more clearly
attached to one end of each of a pair of shock cords. The illustrated . The sling assembly 100 cradles the user' s 500
other end of each of the pair of shock cords is anchored to head 505 , particularly the occipital bone portion of the user 's
a fixed or immovable object (i.e., an anchoring object) such head situated at the back and lower part of the skull. The
as a closed door at the hinged side of the door, between the sling assembly 100 extends beyond the occipital bone por
door and door frame, using a door anchor. The door anchor 45 tion of the user ' s head to the lambdoid suture and lateral
is positioned at a height near the middle of the door. Tension portion of the parietal bones of the user ' s head .
exerted by the shock cords is directed from the cradled While the illustrated door 400 includes three hinges 410 ,
portion of the user's head to the anchor, at an acute angle 415 , 420 with the anchor 300 above the intermediate hinge
relative to a horizontal floor surface. Thus the tensile force 415 , the invention is not limited to such a configuration .
vector includes a horizontal component away from the 50 Rather , the invention may be used with doors having fewer
user' s head towards the door, and a vertical component or more hinges . Even without an intermediate hinge 415 , the
upwardly from the floor. The upward component helps to anchor 300 may be frictionally secured (i. e ., clamped )
ensure that the sling does not slip off and disengage the between the door 400 and frame 405 at a height above the
user ' s head . The invention is not limited to attachment to a bottom of the door. Structures other than a door may be used
door . Other elevated structures such as furniture , including 55 for anchoring in accordance with principles of the invention ,
table legs , may be used for anchoring . as discussed in more detail below with reference to FIG . 10 .
Referring to FIGS. 1 through 3 a traction device in use Referring now to FIGS. 4 and 5 , the sling assembly 100
according to principles of the invention is conceptually and shock cords 205 , 210 are more clearly shown . Each
illustrated . A sling assembly 100 , which is described in shock cord 205 , 210 includes an elastic cord 175 , 180
greater detail below with reference to FIGS. 4 and 5 , cradles 60 composed of one or more elastic strands forming a core ,
a user 's 500 head 505, particularly the occipital bone portion covered in a woven sheath . While the sheath does not extend
of the user 's head situated at the back and lower part of the elastically , its strands spiral around the core so that a
skull . The sling assembly 100 extends beyond the occipital longitudinal pull causes it to squeeze the core, transmitting
bone portion of the user 's head to the lambdoid suture and the core ' s elastic compression to the longitudinal extension
lateral portion of the parietal bones of the user ' s head . Each 65 of the sheath and cord . Elastic cords other than sheathed
of a plurality ( e . g ., an even number ) of shock cords 205 , 210 shock cords may be utilized without departing from the
is attached at one end to the sling assembly , and at the scope of the invention . Non limiting examples include
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 17 of 41

US 10 , 307 , 284 B2
elastic straps such as EPDM and natural rubber tarp straps inches in thickness, or folded and sewn lawyers ofwebbing
equipped with S -hooks at each end . with stitched seams, or other rigid structures including
The shock cords 205 , 210 or other elastic cords exert a hardwood , metal and composite prismatic polyhedron
tension when stretched . The tensile force is preferably at shaped tab -like structures of appropriate size . The strap 310
least 5 lbs for cervical traction, more preferably 10 to 30 5 is thin enough to allow closure of the door with the strap 310
pounds , and up to 5 % to 10 % of the user' s body weight. A between the hinged edge and frame of the door. While a
plurality of ( e. g., 2 , 4 , 6 or 8 ) shock cords may be used to D - ring 305 is illustrated for attachment to shock cord 205 ,
achieve a desired tensile force . Additionally, tension is a 210 , other attachments such as carabiners, shackles , loops,
function of the strain (i. e ., AL /L , where L is the original
length and AL is the elongation ) of the shock cord or elastic 10 spring clips, buckles and the like may be utilized within the
scope of the invention .
cord , with tension increasing with increasing strain . Thus , Attachment to a door is preferred , as doors are ubiquitous .
tensile force may be adjusted by adjusting the strain .
Each shock cord 205 , 210 includes a metal or plastic hook as a table, anleganchor
However
700
may be attached to other structures such
as conceptually illustrated in FIG . 10 . In
165 , 185 and 170 , 190 attached to each end of the cord 205 ,
210. The hooks 165 , 185 and 170 , 190 , may be opened or 15 this embodiment, the anchor 600 is comprised of a strap 605
closed . Attachments other than hooks, such as shackles , with D - rings 610 , 620 at each end, and a segment of the strap
carabiners and straps may be utilized , at either or both ends 615 threaded through one of the D - rings 610 to define a slip
of each shock cord to guard against unintentional disengage knot or noose surrounding the periphery of the leg 700 at a
ment of the shock cord . certain height. In such an implementation , one D -ring 610
A pair of flexible strap ends 145 , 150 extend from 20 may also serve as an anchor tab for use with a door.
opposite side edges 135 , 140 of the sling assembly. A FIG . 11 is a plan view of an alternative anchor 800 for a
nonlimiting example of a suitable flexible strap is nylon traction device according to principles of the invention . FIG .
webbing. Attachments , such as D -rings 155 , 160 are 12 is a top perspective view of the alternative anchor 800
attached to the free ends of the strap ends 145 , 150. Shock illustrated in FIG . 11 , and FIG . 13 is a side view of the
cords 205 , 210 connect to the attachments , i. e., to the 25 alternative anchor 800 illustrated in FIG . 11 . As shown in
D -rings 155 , 160 . As shown in FIG . 5 , the strap ends 145, FIGS. 11 - 13 , the alternative anchor 800 includes a strap 810
150 may be opposite ends of strap 147 that extends across with an attachment ( e . g., D - ring ) 805 at one end of the strap
the bottom of sling assembly 100 . The strap 147 may be 810 . The other end of the strap 810 forms a loop 820 defined
permanently or removably attached to the sling assembly , by a portion of the strap 810 folded over and secured to itself
such as with stitching, hook and loop fasteners , or belt loops. 3030 at anchor
The base 125 of the sling assembly 100 includes a top than othertabportions 815 . As shown, the anchor tab 815 is thicker
edge 105 with an arched (convex ) section , an opposite multiple layers of theofstrap the strap 810 due to the overlay of
810 .
bottom edge 130, and opposite side edges 135 , 140 . The base FIG . 14 is a side view that conceptually illustrates the
125 is substantially planar. It may be comprised of any
flexible fabric , including natural or synthetic fiber fabrics , 35 4the invention . As shown in FIG . 14according
traction device of FIG . 15 in use to principles of
, the sling assembly 100
that is comfortable , strong and durable . Nylon webbing,
ballistic nylon fabric , nylon pack cloth , nylon canvass are cradles a user ' s 500 head 505 when the cord 910 is attached
non - limiting examples . to the sling assembly 100 and to a door anchor 300 . FIG . 15
Aplurality of cushions 110 , 115 , and 120 are provided for illustrates a bottom perspective view that conceptually illus
comfort at all pressure points . While three cushions are 40 trates the sling assembly 100 associated with cord 910 . As
illustrated , one large cushion or several separate cushions shown , the cord 910 includes a first end 165 with a hook that
may be used . Base cushion 110 is positioned where the attaches to a D -ring 155 associated with one end 145 of the
occipital bone portion of the user's head will be located strap 147 . The cord 910 also includes a second end 170 with
during normal use . Side cushions 115 , 120 are positioned to a hook that attaches to a D -ring 160 associated with the other
cushion the sides of a user' s head , below the ears , where the 45 end 150 of the strap 147 .
lambdoid suture and lateral portions of the parietal bones of While an exemplary embodiment of the invention has
the user ' s head are located . been described , it should be apparent that modifications and
In an exemplary implementation , an anchor is attached to variations thereto are possible , all of which fall within the
a door 400 , actually between the hinged side of the door 400 true spirit and scope of the invention . With respect to the
and the door frame 405 . When the door is opened as shown 50 above description then , it is to be realized that the optimum
in FIG . 6 , an anchor tab 315 of an anchor 300 is slipped relationships for the components and steps of the invention ,
through the space 417 exposed between the hinged edge of including variations in order, form , content, function and
the door 400 and the door frame 405 , at a desired height. manner of operation, are deemed readily apparent and
When the door 400 is closed , the space 417 is reduced or obvious to one skilled in the art , and all equivalent relation
eliminated to prevent dislodging the anchor tab 315 . 55 ships to those illustrated in the drawings and described in the
With reference to FIGS. 7 through 9 an exemplary door specification are intended to be encompassed by the present
anchor 300 for a traction device according to principles of invention . The above description and drawings are illustra
the invention is conceptually illustrated . The anchor tive of modifications that can be made without departing
includes a flexible strap 310 (e . g ., nylon webbing ) with an from the present invention , the scope of which is to be
attachment ( e . g ., D - ring ) 305 at one end , and an anchor tab 60 limited only by the following claims. Therefore , the fore
315 at the opposite end . The anchor tab 315 is sized to fit going is considered as illustrative only of the principles of
through the space exposed between the hinged edge of a the invention. Further, since numerous modifications and
door and a door frame, when the door is open . However, the changes will readily occur to those skilled in the art, it is not
anchor is thick enough to resist withdrawal through the desired to limit the invention to the exact construction and
space when the door is closed . The anchor tab 315 is firmly 65 operation shown and described , and accordingly, all suitable
attached to the end of the strap 310 to prevent disconnection . modifications and equivalents are intended to fall within the
The anchor tab may comprise a plastic tab of 0 .1 to 0 .5 scope of the invention as claimed .
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 18 of 41

US 10 ,307 ,284 B2
What is claimed is : the floor and towards the anchor, and a vector compo
1. A portable for providing cervical traction , the portable nent perpendicular to the floor and upward ; and
traction device comprising: attaching the anchor to the anchoring object, at a height
a sling assembly , comprising : above the floor ; stretching the flexible elastic tethers at
a sling comprising flexible material and having a first 5 an acute angle relative to the floor to produce a tensile
side, a second side opposite the first side , a superior force including a vector component parallel to the floor
edge, and an inferior edge, the sling being elongated and towards the anchor , and a vector component per
and sized to cradle and engage an occipital bone pendicular to the floor and upward ; and
portion of a user's head via at least a frictional cradling a head of a supine user with the while the flexible
portion of the sling disposed between the superior elastic tethers are stretched .
edge and the inferior edge of the sling when the first 8 . The method of claim 7 , wherein the tensile force
side extends to a first side of the user 's head and the produced by stretching the flexible elastic tethers is at least
second side extends to a second side of the user ' s five pounds .
head ; 9 . The method of claim 8 , wherein the head of the supine
a base cushion attached to the sling between the supe user is spaced apart from and aimed towards the anchoring
rior edge and the inferior edge and approximately object, and feet of the supine user are aimed away from the
centered between the first and second sides of the anchoring object.
sling ; 10 . The portable traction device of claim 1, wherein each
a first side cushion disposed between the base cushion 20 of the flexible elastic tethers comprises a shock cord .
and the and the first side of the sling ; 11 . The portable traction device of claim 10 , the first ends
a second side cushion disposed between the base cush - of the flexible elastic tethers each comprise a hook or a clip
ion and the second side of the sling ; and configured to selectively attach to one or more of the first or
a pair of side attachments comprising a first side second side attachments .
attachment extending from the first side of the sling 25 12 . The portable traction device of claim 11, wherein each
and a second side attachment extending from the of the pair of side attachments comprise a ring.
second side of the sling; 13 . The portable traction device of claim 11 , wherein each
flexible elastic tethers operable to selectively attach to the of the pair of side attachments comprise a carabiner.
pair of side attachments via first ends of the flexible 14 . A portable traction device for providing cervical
elastic tethers ; and 30 traction , the portable traction device comprising:
an anchor operable to selectively attach to the sling and to a sling comprising flexible material and having a first side ,
an anchoring object, wherein the anchor comprises : a second side opposite the first side , a superior edge,
an anchor tab ; and an inferior edge , the sling being elongated and
an anchor connector operable to selectively attach to sized to cradle and engage an occipital bone portion of
second ends of the flexible elastic tethers , and 35 a user ' s head via at least a frictional portion of the sling
an anchor strap disposed between and connecting the disposed between the superior edge and the inferior
anchor tab and the anchor connector. edge of the sling when the first side extends to a first
2 . The portable traction device of claim 1, wherein the side of the user 's head and the second side extends to
pair of side attachments each comprise at least one of a a second side of the user ' s head ;
shackle , a ring, a hook or a clip . 40 a pair of side attachments comprising a first side attach
3 . The portable traction device of claim 2 , wherein the ment extending from the first side of the sling and a
pair of side attachments each comprise the ring and the first second side attachment extending from the second side
ends of the flexible elastic tethers each comprise a comple of the sling ;
mentary hook or clip configured to selectively attach to the flexible elastic tethers comprising first ends and second
ring. 45 ends, the first ends being associated with the pair of
4 . The portable traction device of claim 3 , wherein the side attachments ; and
flexible elastic tethers are strained and at an acute angle an anchor operable for selective attachment to an anchor
relative to a floor while the portable traction device is in use , ing object at a height above a floor while the portable
the strained flexible elastic tethers producing a tensile force traction device is in use , the second ends of the flexible
in a direction of the acute angle. 50 elastic tethers being associated with the anchor,
5 . The portable traction device of claim 1, wherein the wherein the flexible elastic tethers are strained and at an
sling comprises an inner first layer, a second layer, and an acute angle relative to the floor while the portable
exterior third layer, the inner first layer and the exterior third traction device is in use , the strained flexible elastic
layer comprising the flexible material and the second layer tethers producing a tensile force in a direction of the
comprising a flexible cushioning material disposed between 55 acute angle , and
the inner first layer and the exterior third layer. wherein the anchor comprises:
6 . The portable traction device of claim 1 , wherein the an anchor tab ;
anchor tab is sized and shaped (i) to fit through a space an anchor connector operable to selectively attach to
exposed between a hinged edge of a door and a door frame second ends of the flexible elastic tethers ; and
when the door is open and (ii) to resist withdrawal through 60 an anchor strap disposed between and connecting the
the space when the door is closed . anchor tab and the anchor connector.
7 . A method of applying cervical traction , comprising: 15 . The portable traction device of claim 14 , wherein the
providing the portable traction device of claim 1; sling comprises an inner first layer, a second layer, and an
attaching the anchor to the anchoring object, at a height exterior third layer, the inner first layer and the exterior third
above a floor ; stretching the pair of flexible elastic 65 layer comprising flexible fabric and the second layer com
tethers at an acute angle relative to the floor to produce prising a flexible cushioning material disposed between the
a tensile force including a vector component parallel to inner first layer and the exterior third layer.
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 19 of 41

US 10 , 307,284 B2
16 . The portable traction device of claim 14 , further
comprising at least one cushion , the at least one cushion
including a base cushion attached to the sling between the
superior edge and the inferior edge and approximately
centered between the first side of the sling and the second 5
side17 of. The
theportable
sling . traction device of claim 16 , wherein the
at least one cushion further comprises a first side cushion
and a second side cushion , the first side cushion being
disposed between the base cushion and the first side of the 10
sling , and the second side cushion being disposed between
the base cushion and the second side of the sling.
18 . The portable traction device of claim 14 , wherein the
tensile force is greater than 5 pounds.
15
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 20 of 41

Exhibit B
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 21 of 41
MINULLA UTTILATA RADITIONATA
USOOD8240355

(12 ) Sudell
United States Design Patent ( 10) Patent No.: US D824 ,035 S
(45) Date of Patent: * * Jul. 24 , 2018
(54) PORTABLE TRACTION DEVICE (74 ) Attorney, Agent, or Firm — Workman Nydegger
(71 ) Applicant: The Neck Hammock , Inc .,
Wilmington, DE (US ) (57) CLAIM
(72 ) Inventor : Steven Sudell , Santa Monica , CA (US) The ornamental design for a portable traction device, as
shown and described .
(73 ) Assignee : THE NECK HAMMOCK , INC .,
Wilmington , DE (US)
DESCRIPTION
(** ) Term : 15 Years FIG . 1 illustrates a top , right perspective view of an exem
(21) Appl. No.: 29 /640, 156 plary use of a portable traction device incorporating a first
embodiment of the new design ;
(22 ) Filed : Mar. 12, 2018 FIG . 2 illustrates a top , right perspective view of the portable
traction device of FIG . 1 incorporating a first embodiment of
Related U .S . Application Data the new design , shown configured for use without a user
(63) Continuation of application No. 29/628 , 190 , filed on associated therewith ;
Dec. 1 , 2017 , which is a continuation -in - part of FIG . 3 illustrates a top , right perspective view of the portable
application No. 15 /600 , 901 , filed on May 22 , 2017 . traction device incorporating the first embodiment of the
new design , the portable traction device illustrated in a flat,
(51) LOC ( 11) CI. .... ...... 24 -01 supine configuration ;
(52) U . S . CI. FIG . 4 illustrates a front elevation view thereof;
USPC . . . . . . . . . . . . . .... D24 /191 FIG . 5 illustrates a rear elevation view thereof;
(58 ) Field of Classification Search FIG . 6 illustrates a top plan view thereof;
USPC ... ........... D24 / 189 – 192 FIG . 7 illustrates a bottom plan view thereof;
CPC ....... A61F 5 /028 ; A61F 5/055 ; A61F 5 /3738; FIG . 8 illustrates a left side elevation view thereof;
A61F 13/ 108 ; A61F 13/062 FIG . 9 illustrates a right side elevation view thereof;
See application file for complete search history. FIG . 10 illustrates a top , right perspective view of a portable
traction device incorporating a second embodiment of the
(56) References Cited new design , the portable traction device illustrated in a flat,
U .S . PATENT DOCUMENTS supine configuration ;
FIG . 11 illustrates a front elevation view thereof;
2 ,674 ,996 A 4 / 1954 Stowell et al . FIG . 12 illustrates a rear elevation view thereof;
3 ,033 , 198 A 5 / 1962 Jensen FIG . 13 illustrates a top plan view thereof;
3 ,118 ,443 A 1/ 1964 Dykinga FIG . 14 illustrates a bottom plan view thereof;
(Continued ) FIG . 15 illustrates a left side elevation view thereof; and,
FIG . 16 illustrates a right side elevation view thereof.
OTHER PUBLICATIONS In the drawings, the broken lines depict portions of the
portable traction device that form no part of the claimed
International Search Report and Written Opinion issued in PCT/ design . The broken line showing of a human figure in FIG .
US2018/015415 dated Mar. 22 , 2018 . 1 is for the purpose of illustrating environment and forms no
part of the claim .
Primary Examiner — George D . Kirschbaum
Assistant Examiner — Jennifer L Watkins 1 Claim , 5 Drawing Sheets

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Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 22 of 41

US D824 ,035 S
Page 2

(56 ) References Cited


U . S . PATENT DOCUMENTS
D213 ,478 S 3/ 1969 Nightingale
4 ,220 , 147 A 9 / 1980 Allen
D332 ,495 S 1/ 1993 Lake
5 ,479,667 A 1/ 1996 Nelson et al.
D422,710 S * 4 /2000 Maynard ** * ** * ** * ** D24 / 190
6 , 183 ,501 B1 2 / 2001 Latham
6 ,939 ,269 B2 * 9 /2005 Makofsky ........... A63B 21/ 154
482/ 10
D550 .847 S 9 /2007 Kixmiller
D626 ,244 S * 10 /2010 Sagnip D24 / 190
8 ,782,831 B2 * 7 /2014 Houston A41B 13/ 06
5 /482
D713 , 049 S * 9 / 2014 Shah ...... D24 /200
D713 ,535 S 9 /2014 Chiang et al.
D749,230 S * 2 /2016 Safko . . .. . . . .. . D24 / 190
D784,546 S * 4 /2017 Gordon D24 / 190
D789 ,546 S * 6 / 2017 Matfus .... ... . ........ ... .. ... D24 / 190
D790 ,072 S 6 /2017 Hiebert
9 , 668,906 B2 * 6 / 2017 Thorgilsdottir ......... A61F 5 / 055
9 ,713 ,546 B2 * 7/ 2017 Thorsteinsdottir ..... A61F 5 /055
D794 ,809 S * 8 /2017 Gramza ....................... D24 / 190
D812 ,236 S * 3 / 2018 Burke D24 / 190
2006 /0288490 Al 12 / 2006 Mikkelsen et al.
2010 / 0222729 AL 9 / 2010 Chin et al.
2018/ 0042757 AL 2/ 2018 Sudell
* cited by examiner
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 23 of 41

U . S . Patent Jul. 24, 2018 Sheet 1 of 5 US D824 ,035 S

sin

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Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 24 of 41

1.5.Paent ma masu menos


atent Jul. 24, 2018 Sheet 2 of 5 US D824,035 S

D FIG . 3

Primnimt

FIG . 4

FIG . 5
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 25 of 41

U . S . Patent Jul. 24, 2018 Sheet 3 of 5 US D824,035 S

S * * ** * * *

FIG . 6

FIG . 7

kohtu

FIG . 8
bilanwedrs
FIG . 9
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 26 of 41

atent Jul. 24, 2018 Sheet 4 of 5 US D824,035 S

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Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 27 of 41

U . S . Patent Jul. 24 , 2018 Sheet 5 of 5 US D824,035 S

without w
Dar HORRORROR SHORROR RRRRRRRRRRRRRRRRRRRRinoin

FIG . 13

men
ccccccccc wwwwwwwwwwwwwwwwwwwwww
????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
ijijijijijijijijijijijijijiji j ????????????????????????????????????????????????????????????????????????
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Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 28 of 41

Exhibit C
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 29 of 41
USOOD845492S

(12 ) Sudell
United States Design Patent ( 10) Patent No.: US D845 ,492 S
(45) Date of Patent: * * Apr . 9, 2019
(54 ) PORTABLE TRACTION DEVICE International Search Report and Written Opinion issued in PCT/
US2018 /015415 dated Mar. 22 , 2018 .
(71) Applicant: THE NECK HAMMOCK , INC ., (Continued )
Wilmington, DE (US)
Primary Examiner — Jennifer L Watkins
(72 ) Inventor : Steven Sudell , Santa Monica , CA (US) (74 ) Attorney, Agent, or Firm — Workman Nydegger
(73 ) Assignee : THE NECK HAMMOCK , INC .,
Wilmington , DE (US ) (57) CLAIM
(** ) Term : 15 Years The ornamental design for a portable traction device , as
shown and described .
(21 ) Appl . No.: 29/628, 190
DESCRIPTION
(22 ) Filed : Dec. 1, 2017
Related U .S . Application Data FIG . 1 illustrates a top , right perspective view of an exem
plary use of a portable traction device incorporating a first
(63) Continuation - in -part of application No. 15 /600 , 901, embodiment of the new design ;
filed on May 22 , 2017 . FIG . 2 illustrates a top , right perspective view of the portable
(51) LOC (11) Cl. .... ........... 24 -01 traction device incorporating the first embodiment of the
(52) U . S . CI. new design , the portable traction device illustrated in a flat,
USPC D24 / 190 supine configuration ;
(58 ) Field of Classification Search FIG . 3 illustrates a front plan view thereof;
USPC ... D24 /189 – 192 FIG . 4 illustrates a rear plan view thereof ;
CPC ........ A61F 5/028 ; A61F 5 /055; A61F 5 /3738 ; FIG . 5 illustrates a top elevation view thereof;
A61F 13 / 108 ; A61F 13 /062 FIG . 6 illustrates a bottom elevation view thereof;
See application file for complete search history . FIG . 7 illustrates a left side elevation view thereof;
FIG . 8 illustrates a right side elevation view thereof;
(56 ) References Cited FIG . 9 illustrates a top , right perspective view of a portable
traction device incorporating an alternative embodiment of
U . S . PATENT DOCUMENTS the new design , the portable traction device illustrated in a
flat, supine configuration ;
2 ,674, 996 A 4 / 1954 Stowell et al. FIG . 10 illustrates a front plan view thereof;
3 ,033, 198 A 5 / 1962 Jensen FIG . 11 illustrates a rear plan view thereof;
3 , 118 , 443 A 1 / 1964 Dykinga
D213 ,478 S 3 / 1969 Nightingale
4 .220 ,147 A 9 / 1980 Allen FIG . 13 illustrates a bottom elevation view thereof;
D332,495 S 1/ 1993 Lake FIG . 14 illustrates a left side elevation view thereof; and ,
(Continued ) FIG . 15 illustrates a right side elevation view thereof .
The broken lines in FIG . 1 depicting a user are for the
OTHER PUBLICATIONS purpose of illustrating environment and form no part of the
claim . All other broken lines depict stitching and portions of
YouTube The Neck Hammock , announced Nov . 28 , 2017 , [online ], the portable traction device and form no part of the claim .
[site visited Oct. 4 , 2018 ]. Available from Internet, < URL : https://
www . youtube. com /watch ?v = CdpecklmCCw > * 1 Claim , 5 Drawing Sheets

-
-
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 30 of 41

US D845 ,492 S
Page 2

References Cited 9 ,668,906 B2


9 ,713 ,546 B2
6 /2017 Thorsteindottir
7 /2017 Thorsteindottir
U . S . PATENT DOCUMENTS D794 ,809 S 8 / 2017 Gramza
D812 , 236 S 3 / 2018 Burke
5 ,421, 809 A * 6 / 1995 Rise ........................ A61F 5 /028 9 ,930 ,882 B2 4 /2018 Owen
128 /876 D817 ,664 S * 5 /2018 Kim D6 /601
5 ,479 ,667 A 1/ 1996 Nelson et al. D824 ,035 S * 7/2018 Sudell ...... .. D24 / 191
D373 , 803 S 9 / 1996 Winans 2006 / 0264302 A1 11/ 2006 Sjodin
5 ,908 ,206 A 6 / 1999 LoPresti 2006 / 0288490 A112 / 2006 Mikkelsen et al.
D422 ,710 S 4 / 2000 Maynard 2010 / 0222729 A1 9 / 2010 Chin et al.
6 , 183, 501 B1 2 / 2001 Latham 2012 /0329620 Al 12 /2012 White et al.
6 ,939, 269 B2 9 / 2005 Makofsky 2013 / 0005544 AL 1/ 2013 Butler et al.
D550 ,847 S 9 / 2007 Kixmiller 2018/0042757 A1 2 /2018 Sudell
D626 , 244 S 10 / 2010 Sagnip
D631,924 S 2 / 2011 Baldwin OTHER PUBLICATIONS
D636 ,036 S 4 /2011 Rios
D654 , 124 S 2 / 2012 Davis Selenechen Hammock for Neck , Neck Massager for Men Women ,
D660 ,439 S * 5 /2012 Chen .... D24 / 190 Relaxation Massager Great for Neck Pain Relief Amazon .
8 , 782 , 831 B2 7 /2014 Houston
D713,049 S 9 / 2014 Shah U . S . Appl. No. 29/640 , 156 , Apr. 12 , 2018 , Office Action .
D713 ,535 S 9 / 2014 Chiang et al. Amazon , The Neck Hammock 2 . 0 , reviewed Apr. 2018 [ online ] [ site
D726 , 262 S 4 / 2015 Linkjendal visited Oct. 4 , 2018 ] URL : https://www .amazon. com /Neck -Hammock
D742 ,461 S 11/ 2015 Baldwin 2 -0 -Original-Relaxation /dpB07FX5CXKC /ref = cm _ cr _ arp _ d _ product_
S 2 /2016 Safko top ? ie = UTF8.
9 ,386 ,943 B2 7 / 2016 Strickland Office Action issued in U . S . Appl. No. 29 /643 ,079 dated Jul. 26 ,
9 ,420 ,905 B2 * 8 / 2016 Willingham ............. A476 9 / 10 2018 .
9 ,498 ,675 B2 * 11/2016 Walworth ............ A63B 23/025 Office Action issued in U .S . Appl. No. 29/653, 232 dated Oct. 11,
9 , 526 , 965 B2 * 12 / 2016 Gatherer ............ A63B 71/ 0054 2018 .
9 ,586 ,074 B2 3 / 2017 Autogue
9 ,597 ,541 B2 3 / 2017 Hinds Office Action issued in U .S . Appl. No. 29 /643 ,079 dated Oct. 11 ,
D784, 546 S 4 / 2017 Gordon 2018 .
D789,546 S 6 / 2017 Matfus
D790 ,072 S 6 / 2017 Hiebert * cited by examiner
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 31 of 41

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Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 36 of 41

Exhibit D
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 37 of 41
USOOD8454945

(12 ) Sudell
United States Design Patent ( 10) Patent No.: US D845 ,494 S
US Dept ,2015
(45) Date of Patent : * * Apr. 9 , 2019
(54) PORTABLE TRACTION DEVICE 5 ,479 ,667 A
D373 ,803 S
1/ 1996 Nelson et al.
9 / 1996 Winans
(71 ) Applicant: The Neck Hammock , Inc ., 5 ,908 ,206 A 6 /1999 LoPresti
Wilmington, DE (US ) D422 ,710 S 4 /2000 Maynard
6 , 183 ,501 B1 2 /2001 Latham
(72 ) Inventor: Steven Sudell , Santa Monica, CA (US)
(73 ) Assignee : THE NECK HAMMOCK , INC ., OTHER PUBLICATIONS
Wilmington , DE (US) YouTube The Neck Hammock , announced Nov . 28 , 2017 , [ online ],
(** ) Term : 15 Years [site visited Oct. 4 , 2018 ]. Available from Internet, < URL : https://
www .youtube.com /watch ?v = CdpecklmCCw > *
(21 ) Appl . No.: 29/653,232 (Continued )
( 22 ) Filed : Jun . 13, 2018 Primary Examiner - Jennifer L Watkins
(74 ) Attorney, Agent, or Firm — Workman Nydegger
Related U . S. Application Data
(60 ) Division of application No. 29/640 , 156 , filed on Mar. (57 ) CLAIM
12 , 2018 , now Pat. No . Des . 824 ,035 , which is a The ornamental design for a portable traction device , as
continuation of application No. 29 /628 , 190 , filed on shown and described .
Dec . 1 , 2017 , which is a continuation - in -part of
application No. 15 /600 , 901 , filed on May 22 , 2017 .
DESCRIPTION
(51 ) LOC (11) Ci. ... 24 -01
( 52 ) U .S . CI. FIG . 1 illustrates a top , right perspective view of an exem
USPC ........... D24 / 190 plary use of a portable traction device showing the new
(58 ) Field of Classification Search design ;
USPC ..... D24 /189– 192 FIG . 2 illustrates a top, right perspective view of the portable
CPC ........ A61F 5 /028 ; A61F 5 /055; A61F 5 /3738 ; traction device showing the new design , the portable traction
A61F 13 / 108 ; A61F 13 /062 device illustrated in a flat , supine configuration ;
See application file for complete search history. FIG . 3 illustrates a front plan view thereof;
FIG . 4 illustrates a rear plan view thereof;
(56 ) References Cited FIG . 5 illustrates a top elevation view thereof;
U . S . PATENT DOCUMENTS FIG . 6 illustrates a bottom elevation view thereof;
FIG . 7 illustrates a left side elevation view thereof; and ,
2 ,674, 996 A 4 / 1954 Stowell et al. FIG . 8 illustrates a right side elevation view thereof.
3 ,033, 198 A 5 / 1962 Jensen The broken lines in FIG . 1 depicting a user are for the
3 , 118 ,443 A 1 / 1964 Dykinga purpose of illustrating environment and form no part of the
D213 ,478 S 3 / 1969 Nightingale claim . All other broken lines depict stitching and portions of
4 ,220 , 147 A 9 / 1980 Allen
D332, 495 S 1 / 1993 Lake the portable traction device and form no part of the claim .
5 ,421, 809 A * 6 / 1995 Rise A61F 5 /028
128 /876 1 Claim , 3 Drawing Sheets

-
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 38 of 41

US D845 ,494 S
Page 2

(56 ) References Cited D817 ,664 S *


D824 ,035 S *
5 / 2018
7 / 2018
Kim ...**.*.*.*.................... ......... D6 /601
Sudell ... ... .......... D24 / 191
U . S . PATENT DOCUMENTS 2006 /0264302 AL 11/2006 Sjodin
2006 /0288490 A1 12/2006 Mikkelsen et al.
6 ,939 ,269 B2 9 / 2005 Makofsky 2010 /0222729 AL 9 /2010 Chin et al.
D550 , 847 S 9 / 2007 Kixmiller 2012 /0329620 A112/2012 White et al.
D626 , 244 S 10 / 2010 Sagnip 2013 /0005544 AL 1/ 2013 Butler et al.
D631 ,924 S 2 / 2011 Baldwin 2018 /0042757 AL 2 /2018 Sudell
D636 , 036 S 4 / 2011 Rios
D654 , 124 S 2/ 2012 Davis OTHER PUBLICATIONS
D660 ,439 S * 5 /2012 Chen D24 / 190
8 ,782, 831 B2 7 / 2014 Houston International Search Report and Written Opinion issued in PCT/
D713 ,049 S 9 / 2014 Shah
D713 ,535 S 9 / 2014 Chiang et al. US2018 /015415 dated Mar. 22 , 2018 .
D726 ,262 S 4 / 2015 Linkjendal Selenechen Hammock for Neck , Neck Massager for Men Women ,
D742 ,461 S 11/ 2015 Baldwin Relaxation Massager Great for Neck Pain Relief Amazon.
D749,230 S 2 /2016 Safko U . S . Appl. No. 29 /640,156 , dated Apr. 12, 2018 , Office Action .
9 ,386 ,943 B2 7 / 2016 Strickland Amazon , The Neck Hammock 2 .0 , reviewed Apr. 2018 [online ] [site
9 , 420 ,905 B2 * 8 / 2016 Willingham ............. A47G 9 / 10
9 ,498,675 B2 * 11/ 2016 Walworth ............ A63B 23/ 025 visited Oct. 4, 2018 ] URL: https://www .amazon .com Neck -Hammock
9 ,526 , 965 B2 * 12 / 2016 Gatherer ............ A63B 71/0054 2 -0 -Original-Relaxation /dpB07FX5CXKC/ref= cm _ cr_ arp _ d _ product_
9 ,586 ,074 B2 3 / 2017 Autogue top ? ie = UTF8.
9 ,597 ,541 B2 3 /2017 Hinds Office Action issued in U .S . Appl. No. 29 /643,079 dated Jul. 26 ,
D784 ,546 S 4 / 2017 Gordon 2018 .
D789 ,546 S 6 / 2017 Matfus Office Action issued in U .S . Appl. No. 29/628 , 190 dated Oct. 11 ,
D790 ,072 S 6 / 2017 Hiebert 2018 .
9 ,668, 906 B2 6 / 2017 Thorsteindottir
9 ,713 ,546 B2 7 /2017 Thorsteindottir Office Action issued in U .S . Appl. No. 29 /643 ,079 dated Oct. 11,
D794 , 809 S 8 /2017 Gramza 2018.
D812 , 236 S 3 / 2018 Burke
9 , 930 ,882 B2 4 / 2018 Owen * cited by examiner
Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 39 of 41

U . S . Patent Apr. 9 , 2019 Sheet 1 of 3 US D845 ,494 S

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Case 2:20-cv-00060-JZB Document 1-2 Filed 01/09/20 Page 40 of 41

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