2:23-cv-02941
SherryWear LLC v. Rabbit LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: SherryWear, LLC (Florida)
- Defendant: Rabbit, LLC (California)
- Plaintiff’s Counsel: CALDWELL
- Case Identification: 2:23-cv-02941, C.D. Cal., 04/19/2023
- Venue Allegations: Venue is based on Defendant's residence as a California limited liability company with its principal place of business in the district, and on the allegation that it has committed acts of infringement within the district.
- Core Dispute: Plaintiff alleges that Defendant’s line of sports bras and crop tops with integrated pockets infringes three patents related to "Pocket Bra Systems."
- Technical Context: The technology concerns apparel, specifically bras, designed with pockets to allow wearers to carry personal items like phones and nutrition products, primarily in an athletic context.
- Key Procedural History: The complaint alleges that Plaintiff provided Defendant with notice of infringement via a letter on September 23, 2022, approximately seven months prior to filing the suit. This allegation forms the basis for the claim of willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2011-04-26 | Earliest Priority Date Asserted for ’561 Patent |
| 2014-04-07 | Earliest Priority Date Asserted for ’800 and ’510 Patents |
| 2019-04-02 | U.S. Patent No. 10,244,800 Issues |
| 2020-12-22 | U.S. Patent No. 10,869,510 Issues |
| 2021-07-06 | U.S. Patent No. 11,051,561 Issues |
| 2022-09-23 | Plaintiff Sends Defendant Notice of Infringement |
| 2023-04-19 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 11,051,561 - "POCKET BRA SYSTEM," issued July 6, 2021
The Invention Explained
- Problem Addressed: The patent identifies a need for a "safe, convenient and economical manner" to carry a "hand-held electronic device" or other small items while wearing a bra, without resorting to separate bags or accessories (ʼ561 Patent, col. 1:12-18).
- The Patented Solution: The invention describes various pocket configurations integrated into a bra. An alternate embodiment, which is the focus of the asserted claim, discloses a pocket located on a shoulder strap of the bra (ʼ561 Patent, col. 4:34-41, Fig. 4). This design places a storage location in an accessible but secure area of the garment.
- Technical Importance: This approach provides a discrete storage solution for small personal effects (the patent suggests pills) for individuals engaged in activities where carrying items is cumbersome (ʼ561 Patent, col. 4:40-41).
Key Claims at a Glance
- The complaint asserts independent claim 19 (Compl. ¶45).
- Essential elements of Claim 19 include:
- A pocket bra comprising a strap assembly (chest and shoulder straps) and cups.
- A "pocket on one of the two shoulder straps".
- The pocket has an opening for "repeated receiving and removal of an item".
- A negative limitation: "wherein no sealing device is attached to the opening".
- The complaint does not explicitly reserve the right to assert other claims of the ’561 Patent.
U.S. Patent No. 10,869,510 - "BRA POCKET SYSTEM," issued December 22, 2020
The Invention Explained
- Problem Addressed: The patent addresses the same general problem of conveniently carrying items in a bra (ʼ510 Patent, col. 1:7-13).
- The Patented Solution: The invention teaches a pocket located on the back of the bra, specifically at a "central area" where the shoulder straps join, a common feature in "racerback" style sports bras (ʼ510 Patent, col. 7:1-4, Fig. 13). The pocket is described as being made of "stretchable fabric" and having an opening that is "biased in a closed position at rest," suggesting an elastic or slit-like design that naturally stays closed (ʼ510 Patent, col. 7:8-13).
- Technical Importance: This design utilizes the stable, broad surface area on the back of a sports bra to create a secure pocket large enough for items like smartphones, which may be too heavy or bulky for other locations on the garment (ʼ510 Patent, col. 2:42-53).
Key Claims at a Glance
- The complaint asserts independent claims 1 and 12 (Compl. ¶¶ 54, 62).
- Essential elements of Claim 1 include:
- A strap assembly joining at a "central area" on the wearer's back.
- A bra portion with cups.
- A "back pocket formed entirely of stretchable fabric" positioned on the "central area".
- The pocket has an opening that is "biased in a closed position at rest".
- Essential elements of Claim 12 are similar, but describe the opening as a "slit".
- The complaint also asserts numerous dependent claims (Compl. ¶¶ 54, 62).
U.S. Patent No. 10,244,800 - "BRA POCKET SYSTEM," issued April 2, 2019
Technology Synopsis
This patent, part of the same family as the '510 patent, describes a pocket bra system for carrying personal items (Compl. ¶9; ’800 Patent, col. 2:40-53). The invention focuses on a back pocket made of stretchable fabric positioned on the back portion of the bra's strap assembly, featuring a slit opening that is held in a closed orientation (’800 Patent, col. 7:31-44).
Asserted Claims
The complaint asserts independent claims 1 and 17, along with several dependent claims (Compl. ¶¶ 75, 80).
Accused Features
The back pockets of the "Bunny Hop Support & Pocket," "Crop Hop Support & Pocket," "Crop Hop Support & Pocket Tech," "Strappy Pocket Bra," and "UtiliBRA-vo" products are accused of infringement (Compl. ¶¶ 75, 80).
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are six apparel products: "Crusher Crop," "Bunny Hop Support & Pocket," "Crop Hop Support & Pocket," "Crop Hop Support & Pocket Tech," "Strappy Pocket Bra," and "UtiliBRA-vo" (Compl. ¶¶4, 12).
Functionality and Market Context
The complaint describes the products as "sports bras & crops" (Compl. ¶15). The "Crusher Crop" is alleged to feature "2 front nutrition pockets" (Compl. ¶17). The remaining five products are alleged to feature a "back pocket" (Compl. ¶¶19, 23, 27, 31, 35), with the "UtiliBRA-vo" pocket specifically described as a "laser-cut back pocket [that] fits most phones" (Compl. ¶35). The complaint includes Exhibit 7, a webpage for the "Bunny Hop Support & Pocket" bra, which shows an item being inserted into a back pocket (Compl. ¶22, Ex. 7). These products are allegedly sold nationwide through Rabbit's website and third-party retailers, with one advertised as a "best seller" (Compl. ¶¶14, 41).
IV. Analysis of Infringement Allegations
’561 Patent Infringement Allegations
| Claim Element (from Independent Claim 19) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a pocket bra comprising: a strap assembly comprising a chest strap and two shoulder straps, and comprising left and right cups... | The accused "Crusher Crop" is a sports bra with a "built-in sports bra" structure, which includes straps and cups. | ¶17 | col. 3:26-34 |
| a pocket on one of the two shoulder straps... | The "Crusher Crop" is marketed as having "2 front nutrition pockets." The complaint alleges these pockets infringe this limitation. | ¶17 | col. 4:34-41 |
| the pocket having an opening capable of repeated receiving and removal of an item when being worn by the wearer... | The pockets are described as "nutrition pockets," indicating they are designed to hold and provide access to items. The complaint references Exhibit 6, a webpage showing the "Crusher Crop" bra, which supports the allegation of it being a sports bra with pockets. | ¶¶17-18, Ex. 6 | col. 7:1-4 |
| wherein no sealing device is attached to the opening. | The complaint alleges infringement of the claim, which includes this negative limitation. | ¶18 | col. 7:4-5 |
’510 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a strap assembly including a chest strap and shoulder straps, the strap assembly joining the chest strap and shoulder straps at a central area adapted to be positioned on a back of a wearer when worn... | The accused products are sports bras, which commonly feature a "racerback" design where straps join at a central point on the back. | ¶¶19, 23 | col. 7:1-4 |
| a bra portion comprising left and right cups... | The accused products are described as sports bras with a "built-in sports bra." | ¶¶19, 23 | col. 7:5-8 |
| a back pocket formed entirely of stretchable fabric positioned on the central area... | The products are alleged to have a "back pocket that fits most phones." Athletic apparel pockets are typically made of stretchable fabric. | ¶¶19, 23, 27 | col. 7:8-12 |
| the back pocket having an opening that is biased in a closed position at rest. | The "UtiliBRA-vo" is alleged to have a "laser-cut back pocket," which may imply a slit-like opening that is naturally biased closed by the fabric's elasticity. | ¶¶20, 35 | col. 7:12-13 |
Identified Points of Contention
- Scope Questions: A primary dispute for the ’561 patent may concern the definition of "on one of the two shoulder straps." The court may need to determine if the "front nutrition pockets" of the accused product are located on the strap itself, as opposed to the bra cup or chest band. For the ’510 patent, the scope of "central area" may be contested, raising the question of whether the accused back pockets are located at the specific strap junction point described in the patent.
- Technical Questions: For the ’510 patent, a key question is what evidence demonstrates that the accused pocket opening is "biased in a closed position at rest." The analysis will require evidence of the pocket's material properties and construction to determine if it meets this functional limitation, especially for the "laser-cut" pocket design.
V. Key Claim Terms for Construction
The Term: "pocket on one of the two shoulder straps" (’561 Patent, Claim 19)
Context and Importance
The infringement case against the "Crusher Crop" product hinges on this locational term. Practitioners may focus on this term because the product's "front nutrition pockets" could be argued by a defendant to be part of the bra's frontal portion rather than distinctly "on" the shoulder strap.
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The specification describes "an upper patch 120 is provided on each shoulder strap," which could be interpreted to encompass any pocket integrated with the strap structure as it extends over the shoulder (ʼ561 Patent, col. 4:34-35).
- Evidence for a Narrower Interpretation: Figure 4 of the patent depicts the pocket (120) on the vertical, load-bearing portion of the strap, clearly distinct from and above the bra cup. This could support an argument that the term is limited to this specific non-cup location.
The Term: "central area" (’510 Patent, Claim 1)
Context and Importance
This term defines the required location for the back pocket. Its construction is critical because if the accused pocket is located on the back but not at the "central area" where the straps join, infringement may be avoided.
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The claim language describes the "central area" as being "adapted to be positioned on a back of a wearer when worn," which a plaintiff might argue covers the general upper-middle back region typical of sports bras (’510 Patent, col. 7:2-4).
- Evidence for a Narrower Interpretation: The specification states that "two shoulder straps 306... extend away from a central area 305," and Figure 13 illustrates this as a distinct junction. A defendant may argue this limits the term to the specific point of convergence, not the wider back panel of the bra (’510 Patent, col. 6:5-7, Fig. 13).
VI. Other Allegations
Indirect Infringement
The complaint alleges that Defendant induces infringement by providing marketing materials and product designs that encourage end-users to perform the claimed actions (Compl. ¶¶ 42, 59). Specifically, it alleges that touting the back pocket's ability to hold items like phones intentionally induces customers to insert such items, thereby infringing method claims (Compl. ¶¶ 59, 78).
Willful Infringement
The complaint asserts that Defendant had pre-suit knowledge of the patents-in-suit as of September 23, 2022, from a notice letter sent by Plaintiff (Compl. ¶40). The willfulness allegation is based on Defendant’s alleged continued infringing conduct after receiving this notice (Compl. ¶¶41, 60-61, 85-86).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of locational scope: can the term "on one of the two shoulder straps" in the ’561 patent be construed to cover the "front nutrition pockets" on the accused "Crusher Crop," and can the term "central area" in the ’510 patent read on the specific placement of the back pockets in Defendant's various bra models?
- A key evidentiary question will be one of functional operation: does the accused "laser-cut back pocket" operate in a way that meets the ’510 patent's requirement for an opening that is "biased in a closed position at rest," or is there a fundamental mismatch in the technical mechanism?
- A third central question will concern willfulness: given the allegation of a pre-suit notice letter, the court will likely examine whether Defendant's conduct after September 23, 2022, rises to the level of objective recklessness required to support a finding of willful infringement and potential enhanced damages.