PopSockets Has Lost A Major Lawsuit to Quest and The Trademark Trial and Appeals Board Has Revoked PopSockets 031 Accordion Grip Design


#1

Great news for sellers who have been trademark bullied by PopSockets. The Trademark Trial and Appeals Board revoked PopSockets patent rights to the accordion style collapsible grip on 8-12-19. This means PopSockets can no longer pursue litigation against sellers who sell PopSockets items. The PopSockets name will also become a noun instead of an adjective and anyone can make a PopSockets item and call it a PopSocket.

Here is the case details if you want to google and read up on the case.

Case # IPR2018-00497
Patent 8,560,031

I have the 96 page order and can email to anybody who wants to read the order since I am not allowed to post links here.

Also plan to file the TTAB order with the court and ask the court to take judicial notice of the case and order.


I am highly frustrated and upset - my listing is suspended
#2

Sounds like you have a lot of information here.

I am not familiar with PopSockets. Can you elaborate?


#3

PopSockets, the accordion phone grip circle thing that goes on the back on cell phones. PopSockets is a Trademark Bully who goes after Amazon sellers by sending them baseless cease and desist letters which threaten to sue the seller if the seller does not stop selling the PopSockets online. PopSockets threatens to sue you and will sue any seller who does not comply or respond to their baseless letters.


#4

Sounds like they got what they deserved


#5

David Barnett, CEO of PopSockets also committed fraud with the USPTO and claimed he was the inventor and owner of the PopSockets grip when in fact he is not. You can google PopSockets vs Quest to read all about the details.


#6

Popsocket is requesting a rehearing, so be careful about putting out “popsocket” products as you may get caught out should the ruling be overturned.


#7

PopSockets is trying to appeal the decision but they are not going to prevail.


#8

Here is what the TTAB ordered.

IV. ORDER
In consideration of the foregoing, it is hereby
ORDERED that claims 9–11, 16, and 17 of the ’031 patent are unpatentable;
FURTHER ORDERED that Patent Owner’s Motion to File Under Seal and Enter Proposed Protective Order (Paper 22) and Patent Owner’s Second Motion to File Under Seal (Paper 31) are granted;
FURTHER ORDERED that the proposed Protective Order (Paper 2090) is hereby entered in this proceeding;
FURTHER ORDERED that Petitioner’s Motion to Exclude Evidence under 37 C.F.R. § 42.64© (Paper 40) is dismissed as moot; and
FURTHER ORDERED that because this is a final written decision, parties to the proceeding seeking judicial review of the decision must comply with the notice and service requirements of 37 C.F.R. § 90.2.


#9

Research on Google will also show Molly Hobbs was the original inventor of the PopSockets concept. Barnett likes to take credit as the founder and originator of the concept. If you read what is online and the motions filed with the Quest PopSockets lawsuit, Quest clearly defines the PopSockets fraud and misrepresentations made to the USPTO by Barnett and Kelly Fraser. Barnett and Molly Hobbs had a disagreement and parted ways. Barnett swindled Hobbs to assign the PopSockets patent to him for $5k.


#10

Here are the Quest cases so encase you want to research and read upon on PopSockets.

PopSockets LLC (pla) 1:2018mc00222 PopSockets LLC v. Quest USA Corp. et al| Colorado District Court 12/07/2018 04/02/2019

PopSockets LLC (cd) 1:2017cv03653 PopSockets LLC v. Quest USA Corp. et al New York Eastern District Court 06/16/2017

PopSockets LLC (pla) 1:2017cv03653 PopSockets LLC v. Quest USA Corp. et al| New York Eastern District Court 06/16/2017

PopSockets LLC (pla) 1:2018cv02584 PopSockets LLC v. Quest USA Corp. et al| New York Eastern District Court 05/01/2018

|PopSockets LLC (cd) 1:2018cv02584 PopSockets LLC v. Quest USA Corp. et al| New York Eastern District Court 05/01/2018

PopSockets LLC (pla) 1:2018cv05546 PopSockets LLC v. Quest USA Corp. et al| New York Eastern District Court 10/03/2018

PopSockets LLC (cd) 1:2018cv05546 PopSockets LLC v. Quest USA Corp. et al| New York Eastern District Court 10/03/2018


#11

PopSockets also has another case pending before the Trial Trademark and Appeals Board. The case # is IPR2018-01294. A decision on this case is due by 01-23-2020. Here is an excerpt from the petition filed by Quest.

Quest USA Corp. (“Petitioner”) requests inter partes review (“IPR”) of claims 1–3 and 6 (“the challenged claims”) of U.S. Patent No. 8,560,031 (“the ‘031 patent”) (Ex. 1001) in accordance with 35 U.S.C. §§ 311–319 and 37 C.F.R. § 42.100 et seq. According to USPTO records, the ‘031 patent is assigned to PopSockets LLC (“Patent Owner”).
The ‘031 patent is at issue in a co-pending litigation captioned as PopSockets LLC v. Quest USA Corp., et al., Case No. 1:17-cv-03653 (E.D.N.Y.) Under the Scheduling Order in that case, Patent Owner served its original infringement contentions on Petitioner on December 8, 2017, the deadline for doing so. Those contentions asserted infringement of only claims 9–11, 16, and 17 against the accused product. On January 15, 2018 Petitioner filed a petition for IPR, Case No. IPR2018-00497, challenging the patentability and requesting cancellation of those claims. On January 31, 2018, Patent Owner served “supplemental” infringement contentions directed at the same product. In those contentions, Patent Owner asserted claims 1–3 and 6 against the same exact accused product. Patent Owner’s unexpected assertion of these additional claims, after the deadline in the Scheduling Order, necessitated the filing of this additional petition to challenge the patentability of those claims.


#12

I remember when we started selling them when they first came out, they contacted us and purchased all of our inventory on Amazon then told us never to sell it again, I increased my inventory to 50 pieces each and they bought it all…


#14

Here is PopSockets and Vorys Lawfirm case information for the complaint I have lodged against PopSockets and Vorys Lawfirm with the Texas Attorney General. Please feel free to share your PopSockets/ Vorys experience and evidence with the Texas AG or any other brand Vorys has harassed or sued you over. There is strength in numbers. Just be sure to reference “complaint number - CGS-214140” in the subject line of your email. You can send all files types: pdfs, photos, jpeg, Word doc ect. You can also go online and supplement the case.

The chief complaints against Vorys and PopSockets are: Violations of the Sherman Anti-Trust Act, unfair competition, fraud, deception, malicious prosecution, tortious interference with your Amazon contract, conspiracy, restraining trade, deceptive trade practices, racketeering, defamation per se, fraud upon the court and duress.

complaint number is CGS-214140.
Consumer Protection Division
Office of the Texas Attorney General, Ken Paxton


#15

The complaint filed with the Texas Attorney General will also be filed with the Colorado Attorney General (PopSockets Jurisdiction) and the Ohio Attorney General (Vorys Lawfirm Jurisdiction). Will provide the complaint numbers once they are filed. The Colorado Bar Association, Ohio Bar Association and The American Bar Association are also going to receive the complaints.