`U.S. Patent No. 10,244,800 (“the ‘800 Patent”)
`
`Rabbit’s using, making, offering, selling, and importing the Crop Hop Support &
`Pocket product directly and indirectly infringes Claims 1, 2, 4, 5, and 11 of the ‘800
`Patent. The Crop Hop Support & Pocket product includes all the features embodied
`in those claims literally or by the doctrine of equivalents, whenever an item is
`positioned in its back pocket—which Rabbit has done and intentionally induces
`purchasers and users of the product to do.
`
`Here are two images of the Crop Hop Support & Pocket from Rabbit’s website:1
`
`References:
`• Crop Hop Support & Pocket, RUNRABBIT.COM,
`https://www.runinrabbit.com/products/crop-hop-support-pocket (last visited April 12,
`2023).
`
`U.S. Patent No. 10,244,800
`(Claim 1)
`1. [pre] A pocket bra assembly
`comprising:
`
`Infringing Rabbit Product
`(Crop Hop Support & Pocket)
`The Crop Hop Support & Pocket
`features “built-in sports bra and back
`pocket.”2
`
`1 Strappy Bra, RUNRABBIT.COM https://www.runinrabbit.com/products/crop-hop-support-
`pocket (last visited April 12, 2023).
`2 See supra, note 1.
`
`Nike, Inc. v. SherryWear, LLC et al. IPR2024-01122 SherryWear, LLC Exhibit 2031 Page 1
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`
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`[1.1] a strap assembly including a chest
`strap and shoulder straps,
`
`The Crop Hop Support & Pocket has a
`strap assembly including a chest strap
`(1) and shoulder straps (2).
`
`
`[1.1.1] the chest strap having a front
`portion configured to be positioned on a
`front of a user, and a back portion
`configured to be positioned on a back of
`the user,
`
`
`
`The Crop Hop Support & Pocket’s chest
`strap (1) has a front portion worn on
`the user’s front:
`
`
`
`
`The Crop Hop Support & Pocket’s chest
`strap (1) has a back portion that is
`worn on the user’s back:
`
`
`Nike, Inc. v. SherryWear, LLC et al. IPR2024-01122 SherryWear, LLC Exhibit 2031 Page 2
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`
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`[1.1.2] the shoulder straps each having
`a front portion configured to be
`positioned on the front of the user, and
`a back portion configured to be
`positioned on the back of the user;
`
`
`
`
`The Crop Hop Support & Pocket’s
`shoulder straps (2) have a front portion
`positioned on the wearer’s front:
`
`
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`
`
`The Crop Hop Support & Pocket’s
`shoulder straps (2) have a back portion
`positioned on the wearer’s back:
`
`
`Nike, Inc. v. SherryWear, LLC et al. IPR2024-01122 SherryWear, LLC Exhibit 2031 Page 3
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`The Crop Hop Support & Pocket has a
`bra portion (3) that provides support
`and shapes the breasts of the wearer:
`
`
`[1.2] a bra portion, the bra portion
`configured to provide support and
`shape breasts of the user, the strap
`assembly being attached to the bra
`portion whereby the strap assembly
`holds the bra portion to the user,
`
`
`
`
`
`The Crop Hop Support & Pocket’s chest
`strap (1) and shoulder straps (2) hold
`the bra portion (3) to the wearer:
`
`
`Nike, Inc. v. SherryWear, LLC et al. IPR2024-01122 SherryWear, LLC Exhibit 2031 Page 4
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`
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`[1.2.1] with the chest strap extending
`from a first side of the bra portion
`towards the user's back and extending
`from a second opposite side of the bra
`portion towards the user's back;
`
`
`
`The Crop Hop Support & Pocket’s chest
`strap (1) extends from the sides of the
`bra portion toward the user’s back:
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`Nike, Inc. v. SherryWear, LLC et al. IPR2024-01122 SherryWear, LLC Exhibit 2031 Page 5
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`[1.3] a back pocket formed entirely of
`stretchable fabric positioned on the
`back portion of at least one of the chest
`strap and shoulder straps,
`
`The Crop Hop Support & Pocket has a
`back pocket (5) positioned on the back
`portion of at least the two shoulder
`straps (2) that is stretchable, which
`Rabbit describes as “76% polyester &
`24% spandex.”3
`
`
`[1.3.1] the back pocket having an
`opening formed that is biased in a
`closed position at rest, providing access
`to a pocket interior; and
`
`
`
`The Crop Hop Support & Pocket’s back
`pocket opening (7) is biased in a closed
`position at rest, lying flat against the
`bra’s back area in a closed position until
`an item is inserted into the opening:
`
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`3 See supra, note 1.
`
`Nike, Inc. v. SherryWear, LLC et al. IPR2024-01122 SherryWear, LLC Exhibit 2031 Page 6
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`[1.4] an item positioned within the back
`pocket.
`
`Rabbit’s marketing materials show a
`phone inserted into the back pocket of
`the Crop Hop Support & Pocket:
`
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` U.S. Patent No. 10,244,800
`(Claim 2)
`2. The pocket bra assembly of claim 1
`wherein the bra is a sports bra.
`
`Infringing Rabbit Product
`(Crop Hop Support & Pocket)
`Rabbit advertises the Crop Hop
`Support & Pocket to have “a built-in
`sports bra.”4
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` 4
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` See supra, note 1.
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`Nike, Inc. v. SherryWear, LLC et al. IPR2024-01122 SherryWear, LLC Exhibit 2031 Page 7
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`
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`U.S. Patent No. 10,244,800
`(Claim 4)
`4. The pocket bra assembly of claim 1
`wherein the back pocket is positioned
`on the back portion of one of the
`shoulder straps.
`
`Infringing Rabbit Product
`(Crop Hop Support & Pocket)
`The Crop Hop Support & Pocket ’s back
`pocket (5) is on the back portion of its
`shoulder straps (2):
`
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`U.S. Patent No. 10,244,800
`(Claim 5)
`5. The pocket bra assembly of claim 1
`wherein the back portion of each of the
`shoulder straps join together to form a
`central area, the back pocket positioned
`on the central area.
`
`Infringing Rabbit Product
`(Crop Hop Support & Pocket)
`The back portion of Crop Hop Support
`& Pocket ’s shoulder straps (2) join to
`form a central area (4) on which the
`back pocket (5) is positioned:
`
`
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`
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`Nike, Inc. v. SherryWear, LLC et al. IPR2024-01122 SherryWear, LLC Exhibit 2031 Page 8
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`U.S. Patent No. 10,244,800
`(Claim 11)
`11. The pocket bra assembly of claim
`1 wherein the back pocket is formed by
`a patch connected to the back portion of
`the at least one of the chest strap and
`shoulder straps by stitching about an
`entire perimeter of the patch, the patch
`having a slit opening formed in its
`surface in close proximity to a top of the
`patch providing access to the pocket
`interior formed by the patch.
`
`Infringing Rabbit Product
`(Crop Hop Support & Pocket)
`The Crop Hop Support & Pocket ’s back
`pocket is formed by a patch connected
`to the back portion of the shoulder
`straps by stitching. On information and
`belief, the stitching is on the interior.
`
`
`
`
`The patch has a slit opening at its top
`which provides access to the pocket
`interior:
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`Nike, Inc. v. SherryWear, LLC et al. IPR2024-01122 SherryWear, LLC Exhibit 2031 Page 9
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