IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Civil Action No. 1:11-cv-02180-WJM-KMT

OTTER PRODUCTS, LLC, a Colorado 

Limited Liability Company, 

Plaintiff, 

v. 

TREEFROG DEVELOPMENTS INC. 

d/b/a LIFEPROOF, a Delaware 

Corporation, 

 Defendant. 

FIRST AMENDED COMPLAINT AND JURY DEMAND 

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

attorneys, for its First Amended 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 Case 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. 

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

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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 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 

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

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collect damages for its infringement. 

13. On October 27, 2009, United States Patent No. 7,609,512 (“the ’512 

Patent”), entitled “Protective Enclosure For Electronic Device,” was duly and 

legally issued to Curtis R. Richardson and Alan Morine. A true and correct copy 

of the ’512 Patent is attached as Exhibit B. 

14. The ’512 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 

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

collect damages for its infringement. 

16. 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 

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

17. The ’376 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 

’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 

19. OtterBox incorporates by reference paragraphs 1 through 18 as if set 

forth in their entirety. 

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20. 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” (“the Infringing Case”). 

21. 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 Case 

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

§ 271(a). 

22. 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. 

23. 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. Defendant’s infringement will continue unless enjoined 

by this Court. 

SECOND CLAIM FOR RELIEF

Infringement of U.S. Patent No. 7,609,512 

24. OtterBox incorporates by reference paragraphs 1 through 23 as if set 

forth in their entirety. 

25. 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 Case 

constitutes direct infringement of the ’512 Patent, in violation of 35 U.S.C. 

§ 271(a). 

26. LifeProof’s infringement of the ’512 Patent has caused and will 

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

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27. LifeProof’s infringement of the ’512 Patent has caused and will 

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

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

by this Court. 

THIRD CLAIM FOR RELIEF

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

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

forth in their entirety. 

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 Case 

constitutes direct infringement of the ’376 Patent, in violation of 35 U.S.C. 

§ 271(a). 

30. 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. 

31. 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. Defendant’s infringement will continue unless enjoined 

by this Court. 

DEMAND FOR JURY TRIAL

32. OtterBox hereby requests a trial by jury. 

PRAYER FOR RELIEF

WHEREFORE, OtterBox prays as follows on all claims:

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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 Case; 

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; 

(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: November 30, 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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Exhibit A 

United States Patent No. 6,995,976 

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Exhibit B 

United States Patent No. 7,609,512 

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Exhibit C 

United States Patent No. 7,158,376 

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