IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Civil Action No. _________

OTTER PRODUCTS, LLC, a Colorado 

Limited Liability Company, 

Plaintiff, 

v. 

TREEFROG DEVELOPMENTS INC. 

d/b/a LIFEPROOF, a Delaware 

Corporation, 

 Defendant. 

COMPLAINT AND JURY DEMAND 

Plaintiff Otter Products, LLC (“OtterBox”), by and through its undersigned 

attorneys, for its Complaint against Treefrog Developments Inc. d/b/a LifeProof 

(“LifeProof”) states as follows: 

PARTIES

1. Plaintiff OtterBox is a Colorado limited liability company with its 

principal place of business at 209 S. Meldrum Street, Fort Collins, Colorado 

80521. 

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2. Upon information and belief, Defendant LifeProof is a Delaware 

Corporation with a principle place of business at 4719 Viewridge Ave. Suite 150, 

San Diego, California 92123. 

JURISDICTION AND VENUE

3. This is a civil action for patent infringement arising under the patent 

laws of the United States, 35 U.S.C. § 101, et seq.

4. This court has jurisdiction over the subject matter of this action under 

28 U.S.C. §§ 1338, 1367. 

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

and 28 U.S.C. § 1400 because LifeProof is engaged in the regular, continuous, and 

systematic transaction of business in this judicial district, including the 

distribution, sale, and/or offer for sale of the Infringing Cases and Infringing 

Adapters (specifically identified below) through its website. This Court also has 

specific jurisdiction over LifeProof as LifeProof has sold infringing products in 

this judicial district. 

OTTERBOX & THE TECHNOLOGY AT-ISSUE

6. OtterBox was founded by current CEO Curtis (“Curt”) Richardson in 

his garage in Ft. Collins, Colorado. In that garage, Mr. Richardson created a first 

of its kind prototype of a waterproof case. The OtterBox waterproof product line 

was a rapid success, and soon OtterBox was creating waterproof cases as well as 

specially designed cases for electronic products that allow users to protect their 

devices without sacrificing access to the device’s controls or hampering the use of 

the device. 

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7. OtterBox was then and is now known as a leading innovator in device 

protection and interaction. In 2010 alone, OtterBox won National Geographic’s 

“Gear of the Year Award” the United States’ Postal Services’ “Creative Business 

Solutions Award” and TESSCO Technology’s “Innovator Award.” 

8. The OtterBox inventions at-issue in this matter pertain to innovations 

tracing back to OtterBox’s roots: waterproof protective devices. Otterbox 

products based on and stemming from the waterproof patent family have won 

many awards, including “Best of WES” (Wireless Exposition Symposium) (2006) 

and “Editor’s Choice” from Best of PC Magazine (2006). 

9. The asserted OtterBox patents claim groundbreaking innovations that 

teach the design, manufacture, and use of electronic devices that are water-resistant 

and impact-resistant but still allow full sensory interaction with and use of the 

enclosed device. OtterBox’s innovations solved long-standing problems and its 

products were and are incredibly well-received in the market place and copied with 

an astonishing regularity. 

OTTERBOX’S INTELLECTUAL PROPERTY

10. On February 7, 2006 United States Patent No. 6,995,976 (“the ’976 

Patent”), entitled “Protective Membrane For Touch Screen Device,” was duly and 

legally issued to Curtis R. Richardson. A true and correct copy of the ’976 Patent 

is attached as Exhibit A. 

11. The ’976 Patent is enforceable and, pursuant to 35 U.S.C. § 282, 

carries a statutory presumption of validity. 

12. By assignment, OtterBox owns all rights, title, and interests in the 

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’976 Patent, including, without limitation, the right to enforce this patent and 

collect damages for its infringement. 

13. On February 20, 2007, United States Patent No. 7,180,735 (“the ’735 

Patent”), entitled “Protective Enclosure And Watertight Adapter For An Interactive 

Flat-Panel Controlled Device,” was duly and legally issued to Curtis R. Richardson 

et. al. A true and correct copy of the ’735 Patent is attached as Exhibit B. 

14. The ’735 Patent is enforceable and, pursuant to 35 U.S.C. § 282, 

carries a statutory presumption of validity. 

15. By assignment, OtterBox owns all rights, title, and interests in the 

’735 Patent, including, without limitation, the right to enforce this patent and 

collect damages for its infringement. 

16. On December 25, 2007, United States Patent No. 7,312,984 (“the ’984 

Patent”), entitled “Protective Enclosure And Watertight Adapter For An Interactive 

Flat-Panel Controlled Device,” was duly and legally issued to Curtis R. Richardson 

et. al. A true and correct copy of the ’984 Patent is attached as Exhibit C. 

17. The ’984 Patent is enforceable and, pursuant to 35 U.S.C. § 282, 

carries a statutory presumption of validity. 

18. By assignment, OtterBox owns all rights, title, and interests in the 

’984 Patent, including, without limitation, the right to enforce this patent and 

collect damages for its infringement. 

19. On January 2, 2007, United States Patent No. 7,158,376 (“the ’376 

Patent”), entitled “Protective Enclosure For An Interactive Flat-Panel Controlled 

Device,” was duly and legally issued to Curtis R. Richardson et. al. A true and 

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correct copy of the ’984 Patent is attached as Exhibit D. 

20. The ’376 Patent is enforceable and, pursuant to 35 U.S.C. § 282, 

carries a statutory presumption of validity. 

21. By assignment, OtterBox owns all rights, title, and interests in the 

’376 Patent, including, without limitation, the right to enforce this patent and 

collect damages for its infringement. 

FIRST CLAIM FOR RELIEF

Infringement of U.S. Patent No. 6,995,976 

22. OtterBox incorporates by reference paragraphs 1 through 21 as if set 

forth in their entirety. 

23. LifeProof is making, using, selling, and/or offering to sell in the 

United States and/or importing into the United States the “iPhone 4 LifeProof 

Case” and the “iPad 2 LifeProof Case” (collectively, “the Infringing Cases”). 

24. LifeProof’s activities in making, using, selling, and/or offering to sell 

in the United States and/or importing into the United States the Infringing Cases 

constitutes infringement of the ’976 Patent, in violation of 35 U.S.C. § 271. 

25. LifeProof’s infringement of the ’976 Patent has caused and will 

continue to cause damage to OtterBox in an amount to be determined at trial. 

26. LifeProof’s infringement of the ’976 Patent has caused and will 

continue to cause irreparable injury to OtterBox as to which there exists no 

adequate remedy at law. Defendants’ infringement will continue unless enjoined 

by this Court. 

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SECOND CLAIM FOR RELIEF

Infringement of U.S. Patent No. 7,180,735 

27. OtterBox incorporates by reference paragraphs 1 through 26 as if set 

forth in their entirety. 

28. LifeProof sells or offers for sale the Infringing Cases, the “Swimming 

Headphone Adapter,” and the “General Use Headphone Adapter” (collectively, 

“the Infringing Adapters”) together and, upon information and belief, the 

Infringing Adapters are specifically designed for and can only be used with the 

Infringing Cases. 

29. LifeProof’s activities in making, using, selling, and/or offering to sell 

in the United States and/or importing into the United States the Infringing Cases 

and the Infringing Adapters constitutes infringement of the ’735 Patent, in 

violation of 35 U.S.C. § 271. 

30. There are acts of direct infringement of the ’735 Patents, including 

when LifeProof sells or offers for sale the Infringing Cases and Adapters together, 

and additionally when the end-user uses the Infringing Cases and Infringing 

Adapters together. 

31. Upon information and belief, LifeProof makes, uses, or sells the 

Infringing Adapters in the United States with knowledge that the component is 

especially designed for use in a patented invention, and is not a staple article of 

commerce suitable for substantial non-infringing use. 

32. Moreover, because LifeProof makes and/or sells the Infringing 

Adapters, which are only adapted to be used in a patented combination, LifeProof 

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is presumed to intend the natural consequences of its acts; LifeProof is presumed to 

intend that the Infringing Cases and Adapters shall be used in the combination of 

the ’735 patent. 

33. LifeProof’s infringement of the ’735 Patent has caused and will 

continue to cause damage to OtterBox in an amount to be determined at trial. 

34. LifeProof’s infringement of the ’735 Patent has caused and will 

continue to cause irreparable injury to OtterBox as to which there exists no 

adequate remedy at law. LifeProof’s infringement will continue unless enjoined 

by this Court. 

THIRD CLAIM FOR RELIEF

Infringement of U.S. Patent No. 7,312,984 

35. OtterBox incorporates by reference paragraphs 1 through 34 as if set 

forth in their entirety. 

36. LifeProof sells or offers for sale the Infringing Adapters and 

Infringing Cases together and, upon information and belief, the Infringing 

Adapters are specifically designed for and can only be used with the Infringing 

Cases. 

37. LifeProof’s activities in making, using, selling, and/or offering to sell 

in the United States and/or importing into the United States the Infringing Cases 

and the Infringing Adapters constitutes infringement of the ’984 Patent, in 

violation of 35 U.S.C. § 271. 

38. There are acts of direct infringement of the ’984 Patents, including 

when LifeProof sells or offers for sale the Infringing Cases and Adapters together, 

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and additionally when the end-user uses the Infringing Cases and Infringing 

Adapters together. 

39. Upon information and belief, LifeProof makes, uses, or sells the 

Infringing Adapters in the United States with knowledge that the component is 

especially designed for use in a patented invention, and is not a staple article of 

commerce suitable for substantial non-infringing use. 

40. Moreover, because LifeProof makes and/or sells the Infringing 

Adapters, which are only adapted to be used in a patented combination, LifeProof 

is presumed to intend the natural consequences of its acts; LifeProof is presumed to 

intend that the Infringing Cases and Infringing Adapters shall be used in the 

combination of the ’984 patent. 

41. LifeProof’s infringement of the ’984 Patent has caused and will 

continue to cause damage to OtterBox in an amount to be determined at trial. 

42. LifeProof’s infringement of the ’984 Patent has caused and will 

continue to cause irreparable injury to OtterBox as to which there exists no 

adequate remedy at law. Defendants’ infringement will continue unless enjoined 

by this Court. 

FOURTH CLAIM FOR RELIEF

Infringement of U.S. Patent No. 7,158,376

43. OtterBox incorporates by reference paragraphs 1 through 42 as if set 

forth in their entirety. 

44. LifeProof is making, using, selling, and/or offering to sell in the 

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United States and/or importing into the United States the “iPad 2 LifeProof Case”. 

45. LifeProof’s activities in making, using, selling, and/or offering to sell 

in the United States and/or importing into the United States the “iPad 2 LifeProof 

Case” constitutes infringement of the ’376 Patent, in violation of 35 U.S.C. § 271. 

46. LifeProof’s infringement of the ’376 Patent has caused and will 

continue to cause damage to OtterBox in an amount to be determined at trial. 

47. LifeProof’s infringement of the ’376 Patent has caused and will 

continue to cause irreparable injury to OtterBox as to which there exists no 

adequate remedy at law. Defendants’ infringement will continue unless enjoined 

by this Court. 

DEMAND FOR JURY TRIAL

48. OtterBox hereby requests a trial by jury. 

PRAYER FOR RELIEF

WHEREFORE, OtterBox prays as follows on all claims:

A. For a temporary restraining order, and preliminary and permanent 

injunctions enjoining and restraining LifeProof, and all related entities 

or persons acting in concert with them, from manufacturing, selling, 

or offering for sale the Infringing Cases and Infringing Adapters; 

B. For an award of OtterBox’s damages as appropriate under the patent 

laws of the United States, comprising: 

(i) Lost profits, in an amount to be ascertained at trial; 

(ii) A reasonably royalty, in an amount to be ascertained at trial; 

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(iii) Treble damages; 

C. For its reasonable attorneys’ fees and costs; and 

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

DATED: August 21, 2011 TURNER BOYD LLP 

/s Rachael D. Lamkin 

Rachael D. Lamkin 

Karen I. Boyd 

James W. Beard 

lamkin@turnerboyd.com 

boyd@turnerboyd.com 

beard@turnerboyd.com 

2570 W. El Camino Real, Suite 380 

Mountain View, CA 94040 

Telephone: (650) 521-5939 

Facsimile: (650) 52105931 

Attorneys for Otter Products, LLC, 

d/b/a OtterBox

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