Wilson Sporting Goods V Rawlings Sporting Goods

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Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 1 of 38 PageID #:1

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
WILSON SPORTING GOODS CO.

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Plaintiff,
v.

RAWLINGS SPORTING GOODS


COMPANY, INC.
Defendant.

Civil Action No.


Judge

(Demand for Jury Trial)

COMPLAINT FOR PATENT INFRINGEMENT


NOW COMES Plaintiff Wilson Sporting Goods Co. (Wilson), by and through its
counsel, and for its Complaint against Rawlings Sporting Goods Company, Inc. (Rawlings),
avers as follows:
THE PARTIES
1.

Wilson is a Delaware corporation with its principal business offices located at

8750 W. Bryn Mawr Avenue, Chicago, Illinois.


2.

On information and belief, Rawlings is a Delaware corporation with its

headquarters and principal place of business at 510 Maryville University Dr., Suite 110, St.
Louis, Missouri. Rawlings does business in, inter alia, the State of Illinois and the County of
Cook.
JURISDICTION AND VENUE
3.

This action arises under the Patent Laws of the United States, 35 U.S.C. 271,

281, and 284.


1

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4.

Jurisdiction over this action is founded upon 28 U.S.C. 1331, 1332 and 1338.

5.

Venue is proper under 28 U.S.C. 1391 (a) and (b) and 28 U.S.C. 1400(b).

Defendant has sold infringing products in this District and routinely conducts business within
this District.
GENERAL ALLEGATIONS
6.

On June 11, 2013, United States Patent No. 8,460,135 (hereinafter the 135

Patent), was duly and legally issued for a Game Ball Cover with Improved Stripes and/or
Logos. A true and correct copy of the 135 Patent is attached hereto as Exhibit 1.
7.

Wilson is the owner by assignment of the 135 Patent and has the right to bring

actions for infringement of the patent and to recover damages therefor.


8.

One of the named inventors of the 135 Patent, Douglas G. Guenther, was an

employee of Wilson when the 135 Patent was filed.


9.

In his capacity as a named inventor and during the application process for the

135 Patent, Mr. Guenther made declarations regarding the patentability of the invention
disclosure of the 135 Patent.
10.

Mr. Guenther was also an employee of Wilson when the invention of the 135

Patent was placed into practice by Wilson in one of Wilsons most successful footballs, the
GST model.
11.

The Wilson GST football includes white stripes on the football.

12.

The white stripes of the Wilson GST football are formed of a more grippable

material than the rest of the football cover.


13.

In 2014, Mr. Guenther became an employee of Rawlings. Mr. Guenthers current

title with Rawlings is Senior Director of Innovation & Product Development.

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 3 of 38 PageID #:3

14.

At the time Mr. Guenther commenced his employment at Rawlings, Rawlings did

not sell a football with highly grippable stripes as claimed in the 135 Patent.
15.

After the commencement of Mr. Guenthers employment at Rawlings, Rawlings

began selling its model R-2 football in the United States, with stripes formed of more grippable
material than the rest of the football as claimed in the 135 Patent.
16.

The Rawlings R-2 football competes directly for sales with the Wilson GST

football.
17.

Rawlings made its R-2 football to look like the Wilson GST football, with the

highly grippable, stitched white stripes, in order to compete with Wilsons GST football:

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 4 of 38 PageID #:4

18.

On December 9, 2014, United States Patent No. 8,905,876 (hereinafter the 876

Patent), was duly and legally issued for a game ball with improved stripes. A true and correct
copy of the 876 Patent is attached hereto as Exhibit 2.
19.

Wilson is the owner by assignment of the 876 Patent and has the right to bring

actions for infringement of the patent and to recover damages therefor.


20.

In his capacity as a named inventor and during the application process for the

876 Patent, Mr. Guenther made declarations regarding the patentability of the invention
disclosure of the 876 Patent.
21.

After the commencement of Mr. Guenthers employment at Rawlings, Rawlings

began selling its model R-2 football in the United States, with stripes formed of more grippable
material than the rest of the football as claimed in the 876 Patent.
FIRST CLAIM
22.

Wilson hereby incorporates all of the averments contained in paragraphs 1

through 21 hereof as though fully set forth herein.


23.

Rawlings has itself, or through its agents, infringed the 135 Patent literally and/or

under the doctrine of equivalents, by making, using, offering to sell and selling within the United
States and/or by importing into the United States footballs, marketed as the R2, which embody
and fall within the scope of the 135 Patent, and Rawlings will continue to so infringe unless
enjoined by this Court.
24.

Rawlings infringement causes, or is likely to cause, Wilson competitive or

commercial injury, entitling Wilson to lost profits and/or other relief under 35 U.S.C. 284.
25.

On information and belief, Rawlings had actual notice of the 135 Patent, and its

infringement is willful and deliberate. Rawlings knew about the 135 Patent and acted despite an
objectively high likelihood that its actions constituted infringement of a valid patent.
4

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 5 of 38 PageID #:5

SECOND CLAIM
26.

Wilson hereby incorporates all of the averments contained in paragraphs 1

through 25 hereof as though fully set forth herein.


27.

Rawlings has itself, or through its agents, infringed the 876 Patent literally and/or

under the doctrine of equivalents, by making, using, offering to sell and selling within the United
States and/or by importing into the United States footballs, marketed as the R2 model, which
embody and fall within the scope of the 876 Patent, and Rawlings will continue to so infringe
unless enjoined by this Court.
28.

Rawlings infringement causes, or is likely to cause, Wilson competitive or

commercial injury, entitling Wilson to lost profits and/or other relief under 35 U.S.C. 284.
29.

On information and belief, Rawlings had actual notice of the 876 Patent, and

their infringement is willful and deliberate. Rawlings knew about the 876 Patent and acted
despite an objectively high likelihood that its actions constituted infringement of a valid patent.
WHEREFORE, Plaintiff Wilson Sporting Goods Co. prays for:
A.

A preliminary and permanent injunction against Rawlingss continued

infringement of United States Patent No. 8,460,135;


B.

A preliminary and permanent injunction against Rawlingss continued

infringement of United States Patent No. 8,905,876;


C.

An award of damages for Rawlingss infringement;

D.

An order trebling the amount of damages for intentional infringement;

E.

An award of Wilsons costs, prejudgment interest, and attorneys fees and such

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 6 of 38 PageID #:6

other and further relief as this Court deems just and appropriate.

Dated: August 3, 2015


/s/ Jeffery A. Key_____________
Jeffery A. Key, Esq. (#6269206)
KEY & ASSOCIATES
500 N. Clark Street, Suite 500
Chicago, Illinois 60601
(312) 560-2148
jakey@key-and-associates.com
Attorney for Plaintiff
Wilson Sporting Goods Co.

JURY DEMAND
Plaintiff hereby demands a trial by the maximum number of jurors permitted by law.
/s/ Jeffery A. Key________________
Jeffery A. Key, Esq. (#6269206)
Attorney for Plaintiff Wilson Sporting Goods Co.

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 7 of 38 PageID #:7

EXHIBIT 1

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 8 of 38 PageID #:8


111111
1111111111111111111111111111111111111111111111111111111111111
US008460 135B2

c12)

United States Patent

(10)

Guenther et al.

(45)

Patent No.:
US 8,460,135 B2
Date of Patent:
*Jun. 11, 2013

(56)

(54)

GAME BALL COVER WITH IMPROVED


STRIPES AND/OR LOGOS

(75)

Inventors: Douglas G. Guenther, Wheaton, IL


(US); Kevin L. Krysiak, Chicago, IL
(US); Ming Hsin Lee, Taipei (TW)

(73)

Assignee: Wilson Sporting Goods Co., Chicago,


IL (US)

( *)

Notice:

References Cited

U.S. PATENT DOCUMENTS


1,487,658
1,559,117
1,931,429
2,011,760
2,182,053
2,325,128
2,448,731
3,917,271
3,953,030
4,515,852
4,822,041
4,867,452
4,869,504
4,928,962
5,098,097
5,127,648
5,133,550
5,183,263
5,195,745
5,228,687
5,310,178
5,316,294
5,383,660
5,451,046
5,570,882
5,577,724

Subject to any disclaimer, the term of this


patent is extended or adjusted under 35
U.S.C. 154(b) by 942 days.
This patent is subject to a terminal disclaimer.

(21)

Appl. No.: 12/220,569

(22)

Filed:

(65)

Jul. 25, 2008


Prior Publication Data

US 2008/0287230 AI

Nov. 20, 2008

Related U.S. Application Data

(63)

(51)
(52)
(58)

Continuation of application No. 11/404,986, filed on


Apr. 14, 2006, now abandoned, which is a
continuation-in-part of application No. 10/325,421,
filed on Dec. 20, 2002, now Pat. No. 7,029,407.
Int. Cl.
A63B 41108
(2006.01)
U.S. Cl.
USPC ............................ 473/597; 473/599; 473/603
Field of Classification Search
USPC ................. 473/595-597, 599, 603-605, 615,
473/574
See application file for complete search history.

A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A

*
*
*
*
*

*
*
*
*
*
*

3/1924
10/1924
10/1933
8/1935
12/1939
7/1943
9/1948
1111975
4/1976
5/1985
4/1989
9/1989
9/1989
5/1990
3/1992
7/1992
7/1992
2/1993
3/1993
7/1993
5/1994
5/1994
111995
9/1995
1111996
1111996

(Continued)
Primary Examiner- Steven Wong
(74) Attorney, Agent, or Firm- Terence P. O'Brien
(57)

ABSTRACT

An inflatable game ball including a carcass, a cover and at

least one thin member. The cover has inner and outer surfaces.
The inner surface of the cover is coupled to the carcass. At
least one recess is formed into the outer surface of the cover.
At least one thin member is coupled to the cover at the at least
one recess. The member substantially fills the recess. The
member has inner and outer portions. The outer portion is
formed of a highly gripable material.
27 Claims, 7 Drawing Sheets

10

28

26

Jensen .......................... 473/599


Maynard ......................... 273/65
Buckner et a!. ................. 273/65
Gallinant ...................... 473/596
Reach ............................. 273/65
Grady ........................... 473/597
Park .............................. 473/596
Lemelson et a!. ............ 473/573
Muchnick .................. 273/348.4
Katabe eta!. ................. 428/246
Molitor ........................... 273/60
Finley ............................. 273/65
Kralik ............................. 273/65
Finley ............................. 273/65
Kennedy et a!. ................ 273/65
Mallick . .......................... 273/65
Handy ............................ 273/65
Kuebler ........................ 473/573
Rudell eta!. .................. 473/573
Luecke eta!. .................. 273/65
Walker eta!. ................. 473/605
Turangan ...................... 473/573
Adler eta!. ..................... 273/65
Batton .......................... 473/470
Horkan ......................... 473/438
Gandolfo ........................ 273/65

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 9 of 38 PageID #:9


US 8,460,135 B2
Page 2
U.S. PATENT DOCUMENTS
5,681,233
5,888,157
5,931,752
5,941,785
5,984,812
6,200,239
6,500,082

A * 10/1997 Guenther et al. .............


A
3/1999 Guenther et al. .............
A * 8/1999 Guenther et al. .............
A
8/1999 Bartels ..........................
A
1111999 Sassak ..........................
B1* 3/2001 Kennedy et a!. ..............
B1* 12/2002 Ou ................................

473/605
473/604
473/597
473/597
473/596
473/604
473/599

6,520,877
6,634,970
D505,462
D505,463
7,028,407
7,029,407
8,168,026

B1* 2/2003 Yang ............................. 473/604


B2 * 10/2003 Jiminez ......................... 473/597
s * 5/2005 Horkan eta!. ............... D211712
s * 5/2005 Horkan eta!. ............... D211712
B2 * 4/2006 Ehrlich et al. .................. 30/526
B2 * 4/2006 Lee eta!. ...................... 473/597
B1* 5/2012 Brown eta!.
156/245

* cited by examiner

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 10 of 38 PageID #:10

U.S. Patent

Jun. 11, 2013

US 8,460,135 B2

Sheet 1 of7

10

12

32

18

FIG.

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 11 of 38 PageID #:11

U.S. Patent

Jun. 11, 2013

Sheet 2 of7

US 8,460,135 B2

FIG.2

42

10

28

26

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 12 of 38 PageID #:12

U.S. Patent

Jun. 11, 2013

US 8,460,135 B2

Sheet 3 of7

10

FIG.3
46

18

/
52
50

14

42

18

FIG.6

18

FIG.7

56

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 13 of 38 PageID #:13

U.S. Patent

Jun. 11, 2013

US 8,460,135 B2

Sheet 4 of 7

FIG.4
54

18

24

44

FIG.5
18

~-

44

24

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 14 of 38 PageID #:14

U.S. Patent

Jun. 11, 2013

US 8,460,135 B2

Sheet 5 of7

FIG. a

10

118

57

/
52
50

14

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 15 of 38 PageID #:15

U.S. Patent

Jun. 11, 2013

US 8,460,135 B2

Sheet 6 of7

FIG.9
60

62

10

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 16 of 38 PageID #:16

U.S. Patent

Jun. 11, 2013

Sheet 7 of7

US 8,460,135 B2

FIG.10
100

60

20

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 17 of 38 PageID #:17


US 8,460,135 B2
1

GAME BALL COVER WITH IMPROVED


STRIPES AND/OR LOGOS

control a ball, particularly during inclement weather. Further,


it would be advantageous to provide football stripes, or game
ball logos, trademarks or symbols that are more durable and
peel resistant. It would also be advantageous to provide game
ball logos, trademarks and/or symbols, which improve the
gripping and tactile characteristics of the game ball.

RELATED U.S. APPLICATION DATA


The present invention is a continuation of U.S. patent
application Ser. No. 11/404,986 filed on Apr. 14, 2006
entitled "Game Ball Cover With Improved Stripes And/or
Logos," now abandoned which is a continuation-in-part of
U.S. patent application Ser. No. 10/325,421 entitled "Game
Ball Cover With Improved Stripes And/or Logos," filed on
Dec. 20, 2002 by Lee eta!., now U.S. Pat. No. 7,029,407.

SUMMARY OF THE INVENTION


10

FIELD OF THE INVENTION


15

The present invention relates generally to a game ball. In


particular, the present invention relates to a game ball including a cover and at least one sheet-like member coupled to the
cover wherein the static coefficient of friction of an outer
surface of the sheet-like member is greater than the static
coefficient of friction of an outer surface of the cover.

20

BACKGROUND OF THE INVENTION


Inflatable game balls, such as footballs, basketballs, volleyballs and soccer balls, are well known and typically
include an inner inflatable air bladder and an outer cover. The
cover can be formed of one or more cover panels. Many
footballs include covers with stripes. In fact, many organized
football associations, such as the National Collegiate Athletic
Association ("NCAA") and many state high school athletic
associations, require stripes on their footballs. In particular,
the NCAA requires footballs to include two l-inch white
stripes that are three to three and one-quarter inches from the
end of the ball and are located only on the two cover panels
adjacent to the laces. The outer cover of footballs and other
types of game balls also typically include trademarks, symbols and logos. The stripes, trademarks, logos and/or symbols
on game balls can extend over a significant percentage of the
outer surface area of the ball.
In football and basketball, as in many other sports, the
gripping and tactile characteristics of the ball can considerably affect the performance of the participating players. In
particular, the tactile characteristics of the outer surface of the
game ball significantly effect the player's ability to catch,
pass or otherwise control the ball accurately and reliably.
Football stripes are commonly applied by painting or transferring on a thin layer of paint, dye or other coating. These
stripes typically have a smooth and slick outer surface which,
particularly in inclement weather, can negatively affect the
players ability to catch, pass and otherwise control the ball.
Many painted on or transferred on stripes are also susceptible
to peeling and can wear easily. As a result, the appearance of
many striped footballs overtime can be negatively affected by
stripes that have partially worn or flaked off. Even premium
game balls using striping material that is less slick and more
durable than typical striping material, result in stripes with
outer surfaces that have lower tactility than the other portions
of the ball. Logos, trademarks and other symbols commonly
applied to the outer surface of game balls also can have a
smooth, slick outer surface and can flake or wear away easily.
Thus, there is a need for football stripes that have improved
gripping and tactile characteristics, or frictional interaction
with the hands of a user, without deviating or radically departing from the ball's traditional design and organized play
equipment requirements. What is needed is football stripes
that improves a player's ability to pass, catch or otherwise

25

30

35

40

45

50

55

60

The present invention provides an inflatable game ball


including a carcass, a cover and at least one thin member. The
cover has inner and outer surfaces. The inner surface of the
cover is coupled to the carcass. At least one recess is formed
into the outer surface of the cover. At least one thin member is
coupled to the cover at the at least one recess. The member
substantially fills the recess. The member has inner and outer
portions. The outer portion is formed of a highly grippable
material.
According to a principal aspect of a preferred form of the
invention, an inflatable football includes a cover and at least
first and second stripes. The cover has an outer surface. At
least first and second recesses are formed into the outer surface of the cover. The first and second stripes are coupled to
the cover at the first and second recesses, respectively. The
first and second stripes substantially fill the first and second
recesses, respectively. Each of the first and second stripes has
inner and outer portions. The outer portion of each of the first
and second stripes is formed of an outer material that is
compressible, resilient and tactile.
According to another preferred aspect of the invention a
football includes a cover having an outer surface formed of a
first material and at least first and second stripes coupled to
the cover. Each of the first and second stripes has an outer
surface formed of a second material. The second material has
greater tactility than the first material such that the outer
surface of the first and second stripes is more easily grippable
than the outer surface of the cover.
According to another preferred aspect of the invention
provides a method of manufacturing an inflatable game ball.
The method includes the steps of obtaining a carcass, obtaining a cover having inner and outer surfaces, forming at least
one recess into the outer surface of the cover, coupling the
inner surface of the cover to the carcass, and substantially
filling the recess with a thin member having an outer portion
formed of an outer material that is compressible, resilient, and
tactile.
According to another preferred aspect of the invention a
game ball is configured for direct contact with a user's hands.
The game ball includes a cover having an outer surface
formed of a first material, and at least one sheet-like member
fixedly coupled to the cover. The sheet-like member has an
outer surface formed of a second material. The second material has a static coefficient of friction that is greater than the
static coefficient of friction of the first material when measured in accordance with the standard test method for static
coefficient of friction of ASTM D1894-01.
This invention will become more fully understood from the
following detailed description, taken in conjunction with the
accompanying drawings described herein below, and wherein
like reference numerals refer to like parts.
BRIEF DESCRIPTION OF THE DRAWINGS

65

FIG. 1 is a top perspective view of an American football in


accordance with a preferred embodiment of the present
invention.

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 18 of 38 PageID #:18


US 8,460,135 B2

FIG. 2 is a top, partially exploded, perspective view of the


football of FIG. 1.
FIG. 3 is a sectional of the football taken along lines 3-3 of
FIG. 1.
FIG. 4 is a top view of a portion of the outer surface of the
football within the circle 4 of FIG. 1.
FIG. 5 is a top view of a portion of the outer surface of a
football in accordance with an alternative preferred embodiment of the present invention.
FIG. 6 is a sectional view of a football stripe in accordance
with an alternative preferred embodiment of the present
invention.
FIG. 7 is a sectional view of a football stripe in accordance
with another alternative preferred embodiment of the present
invention.
FIG. 8 is a sectional view of a football in accordance with
another alternative preferred embodiment of the present
invention.
FIG. 9 is a top, partially exploded, perspective view of the
football of FIG. 1.
FIG. 10 is a partially exploded, perspective view of a basketball in accordance with another preferred embodiment of
the present invention.

0.2 to 2.0 millimeters. In a particularly preferred embodiment, the depth of the recesses 36, 38, 40 and 42 is within the
range of 0.5 to 1.0 millimeters. In yet another particularly
preferred embodiment, the recesses have a depth within the
range of0.65 to 0.8 millimeters.
The stripe recesses 36, 38, 40 and 42 can be positioned at
any position about the cover panels and can have any width or
length dimension. Preferably, the position, width and length
of the stripe recesses 36, 38, 40 and 42 are located and sized
in accordance with stripe requirements of a particular athletic
association requirement. For example, the NCAA requires
two 1-inch white stripes that are three to three and one-quarter
inches from the end of the ball and are located only on the two
cover panels adjacent to the laces. Therefore, the stripe
recesses can be positioned and sized to correspond with the
NCAA stripe requirements. Alternatively, the stripe
recesses can be positioned and sized to match the stripe
requirements of other organizations, such as state high school
athletic associations.
In alternative preferred embodiments, the stripe recesses
can be formed on any one or more of the cover panels 22, 24,
26 and 28. In another alternative embodiment, the stripe
recesses can be formed by milling, stripping or otherwise
removing material from the outer surface of the cover panel to
form the recess. In another alternative preferred embodiment,
the cover, including the cover panels, can be formed without
recesses.
Referring to FIG. 1, the bladder 14 is an inflatable air tube
preferably having a prolate spheroidal shape. The bladder 14
is inserted into the cover 12 through the slot 32. The bladder
14 includes a valve 37 that extends through the valve aperture
34 of the cover 12 for access by a user.
The lacing 16 is used to secure the first and second cover
panels 22 and 24 and to close the slot 32. The lacing 16 also
provides raised surfaces for a player to contact when passing,
catching or holding onto the footballlO.
Referring to FIG. 2, the stripe 18 is an elongate thin member sized and positioned to substantially fill one of the stripe
recesses 36, 38, 40 and 42. The stripes 18 are also preferably
positioned and sized to match the position and size of the
stripe recesses. In a particularly preferred embodiment, the
stripes 18 are sized to meet a specific association or organization requirements for stripes, such as, for example, the
NCAA and state high school associations. The stripes 18
are preferably formed with a thickness within the range of0.2
to 2.0 millimeters. In a particularly preferred embodiment,
the thickness of the stripes is within the range of 0.5 to 1.0
millimeters. In yet another particularly preferred embodiment, the thickness of the stripes 18 is within the range of0.65
to 0.8 millimeters. In another preferred embodiment, the
thickness of the stripe 18 can be selected to substantially fill
and slightly outwardly extend from cover panel. In another
alternative preferred embodiment, the stripe 18 is applied
directly to the outer surface of the cover or cover panel of the
football without a recess. In this embodiment, the stripe can
outwardly extend from the outer surface of the cover or cover
panel by a predetermined amount, such as, for example, 0.2 to
2.0mm.
Each stripe 18 is permanently (not removeably) attached to
one of the cover panels 22 and 24. Preferably, the stripe is
attached to one of the cover panels through adhesive bonding,
thermal bonding, chemical bonding, stitching, sewing, pressfitting, and combinations thereof. In a particularly preferred
embodiment, the stripe 18 is attached to the cover panel by
stitching, or sewing, and adhesive bonding. An adhesive is
applied to one or both of the inner surface of the stripe 18 and
the exposed surface of the stripe recess. The stripe 18 is

DETAILED DESCRIPTION OF THE PREFERRED


EMBODIMENTS
Referring to FIG. 1, an American football is indicated
generally at 10. The footballlO is one example of an inflatable
game ball. The present invention is directly applicable to
other inflatable game balls, such as, for example, basketballs,
volleyballs, soccer balls and rugby balls. The game balls are
configured to be contacted directly by the hands of one or
more users, although the game balls can also be used by one
or more gloved users.
The football 10 is a generally prolate spheroidal shaped
inflatable object having a major longitudinal dimension and a
minor transverse dimension. The football! 0 includes, a cover
12, a bladder 14, a lacing 16, four stripes 18 and a plurality of
logos 20. The cover 12 is a prolate spheroidal shaped outer
body preferably formed from first, second, third and fourth
cover panels 22, 24, 26 and 28 that are joined to one another
along longitudinal seams 30. The longitudinal seam 30 connecting the first and second cover panels 22 and 24 includes a
longitudinally extending slot 32. The second cover panel 24
includes a valve aperture 34. In alternative preferred embodiments, the cover 12 can be formed of a single piece or of two,
three, five or other numbers of cover panels. The cover 12
provides the balllO with a durable and grippable outer surface. The cover 12 is typically made of leather, rubber or a
synthetic polymeric plastic material. An outer surface of the
cover 12 preferably includes a pebbled texture for enhancing
the grip and improving the aesthetics of the footballlO.
Referring to FIG. 2, first, second, third and fourth stripe
recesses 36, 38, 40 and 42 are formed into the first and second
cover panels 22 and 24. The recesses 36, 38, 40 and 42 are
preferably formed by embossing or pressing the cover panels
22 and 24 to produce the recesses 36, 38, 40 and 42. By
embossing or pressing the cover panels to form the strip
recesses, no cover panel material is removed, rather, the cover
panels are simply compressed under heat and/or pressure to
produce the recesses. Embossing or pressing the cover panels
enables the cover panels to retain their strength, structural
integrity and durability. The recesses 36, 38, 40 and 42
inwardly extend into the cover panels 22 and 24 from an outer
surface of the cover panels 22 and 24. The recesses 36, 38, 40
and 42 preferably are formed with a depth within the range of

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US 8,460,135 B2

stitched or sewn at each end adjacent to the respective longitudinal seam 3 0. In one preferred embodiment, the stripe 18 is
laid over a portion of the cover panel and stitched to the cover
panel. In another alternative preferred embodiment, the cover
panel is formed of two or more sub-panels. One side edge of
the stripe is stitched to an edge of one of the sub-panels and
another side edge of the stripe is stitched to an edge of another
sub-panel. In this alternative preferred embodiment, the stripe
does not fully overlap the cover or cover panel, rather the
stripe serves as a portion of the cover panel. In this embodiment, stitching of the edges is preferred, but the stripe and
cover sub-panels can also be coupled through other conventional means, such as, for example, bonding, welting, adhesives, etc. In an alternative preferred embodiment, the stripe
18 can be applied to the stripe recess in a liquid state and then
allowed to cure.
In a preferred embodiment, the stripe 18 includes outer and
inner portions 44 and 46. The outer portion 44 is formed of a
compressible, resilient and tactile (as in tacky) material, preferably, a polyurethane. In alternative preferred embodiments,
the outer portion 44 can be formed of other materials, such as,
for example, a polyvinylchloride, a rubber, a leather, a synthetic leather, an elastomer and combinations thereof. The
stripe 18 is not formed of a hook and/or loop material, or a
loose sand-like material that is glued to the cover 12. The
outer portion 44 is preferably formed in a white color. Alternatively, the outer portion 44 can be formed in any other color
or color combination. In a preferred embodiment, the tactile
characteristics and the frictional interaction of the outer portion 44 of the stripe 18 with the hands of a user are greater than
or equal to the tactile characteristics and frictional interaction
of outer surface of the cover 12 or the cover panels 22, 24, 26
and 28 with the hands of a user. In one particularly preferred
embodiment, the outer portion 44 of the stripe 18 is formed of
a polyurethane or other highly grippable material and is used
on a ball1 0 having a leather, composite leather, or a synthetic
leather material with less tactility (or tackiness).
The inner portion 46 of the stripe 18 is a backing layer
configured to strengthen and facilitate attachment of the
stripe to the cover 12. The inner portion 46 is fixedly connected to the outer portion through bonding, impregnation, or
other conventional means. The inner portion 46 is preferably
formed of a strong, tear resistant material, such as, a woven or
unwoven fabric. The fabric of the inner portion 46 can be
impregnated with a polymer, such as a latex.
The outer portion 44 of the stripe 18 improves the overall
feel of the stripes and the ball, and increases the frictional
interaction between the stripe 18 and the hands of the player.
This increased frictional interaction enables the stripe 18 to
improve or increase the gripability or tactility of the football
10, thereby improving a player's ability to pass, catch, hold
on to, and otherwise control the ball 10, particularly in
inclement weather. The stripe 18 of the present invention
eliminates the smooth and slick outer surface of the stripe
present on many existing balls. The stripe 18 is also more
durable, more wear resistant and less susceptible to peeling
than conventional football stripes. The stripe 18 is configured
to withstand the stresses encountered during normal use without peeling or significantly wearing, and to improve the overall feel of the stripe 18 and the ball10totheuser.Additionally,
the stripe 18 of the present invention improves the feel and
playability of the ball without deviating from the traditional
look of a game ball or the football requirements of athletic
associations.
FIG. 3 illustrates the football 10 in greater detail. The
football10 is a multi-layered structure preferably including a
carcass 48 and the cover 12. In one preferred embodiment, the

carcass 48 includes the bladder 14, a windings layer 50 and a


padding layer 52. The carcass 48 enables the football10 to
retain its desired shape, and a predetermined amount of air
thereby achieving the desired firnmess to the football10. The
carcass 48 also improves the strength, reliability and feel of
the ball10. In alternative preferred embodiments, the carcass
can include other combinations of materials and layers. The
stripe recess 42 (or stripe recesses 36, 38 or40) preferably has
aU-shaped cross-section for receiving the stripe 18. In alternative, preferred embodiments, the stripe recess can take
other cross-sectional shapes, such as for example, polygonal,
arcuate, irregular and combinations thereof.
The stripe 18 substantially fills the stripe recess 42. In an
alternative preferred embodiment, the stripe 18 can partially
fill the recess thereby providing a recessed outer surface. In
another alternative preferred embodiment, the stripe 18 can
fill the recess and slightly outwardly extend from the recess
thereby providing a raised stripe look and feel to the ball.
FIG. 4 illustrates the cover 12 and the stripe 18 in greater
detail. In a preferred embodiment, the outer surface of the
outer portion 44 of the stripe 18 has a pebbled texture including a plurality of pebble-like projections 54. The outer surface
of the cover 12 also preferably includes a pebbled texture and
a plurality of pebble-like projections 55, which are substantially similar to the pebble-like projections 54 of the stripe 18.
The pebble-like projections 54 provide the outer surface of
the stripe 18 with a pebbled texture that is substantially similar to the grip enhancing pebbled outer surface present on the
cover 12 of conventional footballs and basketballs. The
pebble-like projections 54 are preferably convex, rounded
and spaced apart from one another. The pebble-like projections 54 further improve the player's ability to grip the football 10. In an alternative preferred embodiment, the outer
surface 52 of the stripe 18 can include a plurality of concave
pebble-like projections. Referring to FIG. 5, in an alternative
preferred embodiment, the outer surface of the stripe 18 can
be generally smooth and free of pebble-like projections. In
other embodiments, the outer surface 52 can be crosshatched, grainy, grooved or otherwise irregular to roughen the
texture of the outer surface of the stripe 18.
Referring to FIGS. 6 and 7, alternative preferred embodiments of the stripe 18 are illustrated. FIG. 6 illustrates one
preferred alternative embodiment, wherein the stripe 18 is
formed of one continuous material. The material is substantially similar to the materials used for the outer portion 44 of
the stripe 18 discussed above. Referring to FIG. 7, another
alternative preferred embodiment of the stripe 18 is illustrated. The stripe 18 can be multi-layered with the outer and
inner portions 44 and 46, as discussed above separated by an
intermediate layer 56. The intermediate layer can be formed
of any suitable material. The material of the intermediate
layer 56 can vary from one ball to the next depending upon the
desired characteristics of the stripe (compressibility, durability, softness, etc.).
Referring to FIG. 8, an alternative preferred embodiment
of the stripe 18 applied to the cover panel 22 is illustrated. In
this embodiment, a stripe 18 is attached directly to the outer
surface of a portion of the cover 12 or one of the cover panels
22, 24, 26 or 28. The stripe 118 is substantially similar to the
stripe 18 described above. The stripe 118 can be attached to
the cover and cover panel by chemical, thermal, or mechanical bonding, stitching, sewing or other conventional means.
The stripe 118 can be formed of the same materials as the
stripe 18. The stripe 118 is shown as being formed of a single
continuous material, alternatively, the stripe 118 can include
a backing or multiple layers. The outer surface of the stripe
118 can be pebbled, smooth or have other outer surface con-

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Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 20 of 38 PageID #:20


US 8,460,135 B2

figurations such as those described above for the stripe 18.


The portion of the cover 12 or cover panel contacting the
stripe is not recessed. As such the stripe 118 outwardly
extends from outer surface of the cover 12 or coverpanel22.
Each side of the stripe 118 preferably includes a tapered edge
57 in order to eliminate a shape raised corner edge.
The outer surface of the stripe 118 is preferably made of a
material that is more tactile (or tacky), or has greater tactility
(or tackiness), than the material the outer surface of the cover
12 or cover panel. The outer surface of the stripe 118 also has
a greater frictional interaction with the hands of a user than
the outer surface of the cover 12. In other words, the material
of the outer surface of stripe 118 is preferably formed of a
material that is more grippable than the material of the outer
surface of the cover 12 or the cover panel. For example, the
cover panel or cover 12 can be formed of a leather and the
stripe 118 can be formed of a polyurethane. The stripes 118
are preferably formed with a thickness within the range of 0.2
to 2.0 millimeters. In a particularly preferred embodiment,
the thickness of the stripes 118 is within the range of0.5 to 1.0
millimeters. In yet another particularly preferred embodiment, the thickness of the stripes 118 is within the range of
0.65 to 0.8 millimeters.
Referring to FIGS. 9 and 10, the present invention is also
applicable to logos, trademarks or symbols applied to a game
ball, such as, for example, the "Wilson" logo and trademark
20. The game ball can be a football, a basketball or any other
type of game ball. In a preferred embodiment, the cover 12
includes a logo recess 58. The logo recess 58 is produced and
has similar depth limitations as the stripe recesses 36, 38, 40
and 42 described above. The logo recess 58 is positioned at a
desired position(s) on the cover 12 and is formed to generally
correspond to the shape of the logo 20 or any other desired
logo, trademark or symbol.
The logo 20 is preferably similar to the stripe 18 discussed
above. In a preferred embodiment the logo 20 includes outer
and inner portions 60 and 62, which are similar in construction and operation to the outer and inner portions 44 and 46 of
the stripe 18. The logo 20 can be single or multi-colored, and
can be representative of any alpha-numeric or graphical
image. The outer surface of the outer portion 60 of the logo 20
can be smooth, pebbled or have other types of three dimensional outer surface configuration. The logo 20 is preferably
connected to the cover 12 at the secondary recess 58 in a
manner similar to the connection of the stripe 18 to the stripe
recess 42.
The game balll 0 can be formed by first obtaining the cover
12 formed of one or more cover panels. The stripe recesses 42
and/or logo recesses 58 are then formed into the outer surface
of the cover or cover panel. In a preferred embodiment, the
recesses 42 and 58 are formed by embossing or pressing the
outer surface of the cover. The cover or cover panel may have
a pebbled texture before the formation of the recesses through
embossing or pressing. In alternative preferred embodiments,
the recesses 42 and 58 can be formed by milling, stripping or
other conventional means for removing material. The stripe
18 and/or logo 20 is laid-in to the corresponding recess 42 or
58 and secured through adhesive bonding, thermal bonding,
chemical bonding, stitching, sewing, press-fitting and combinations thereof. If the cover 12 is formed of two or more
cover panels, the cover panels can be connected together
through stitching or other means, and the cover is then positioned about the carcass.
The outer portion 44 of the stripe 18, and/or the outer
portion 60 of the logo 20, is formed of a material that has a

higher static coefficient of friction than the static coefficient


offriction of the material used to form the outer surface of the
cover 12, or the cover panels. The static coefficient of friction
is measured in accordance with ASTM Standard D 1894-01
entitled "Standard Test Method for Static and Kinetic Coefficients ofFriction ofPlastic Film and Sheeting" promulgated
by ASTM International located at 100 Barr Harbor Drive,
West Conshohocken, Pa. 19428-2959.
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In accordance with ASTM Std. D 1894-01, material


samples are preferably trimmed to 2.5" widthx2.5" length. A
metal sled is used having a size of approximately 2.5' lengthx
2.5'widthx0.25'thickness. The bottomofthe sled is lined with
a high density foam (having a nominal density of0.25 g/cm3 ).
Prior to testing, the sled is weighed. A plane or runway is also
used and placed onto a smooth supporting base. The runway
is formed of a metal. In one example, the runway is formed of
304 Stainless Steel having a #8 Mirror Surface. The runway is
cleaned with isopropyl alcohol and dried with a soft, lint-free
cloth. The sample to be tested is attached to the sled. The sled
is pulled across the runway at a speed of152.4 mm per minute
for a total distance of 200 mm. The initial force to start sled
movement and the average force from the 25 mm distance to
the 17 5 mm distance is recorded. The force measuring device
is capable of measuring frictional force to +1-5% of its value,
and can be a spring gage, a universal testing machine, or a
strain gage. The sled weight is then divided into the force
values (force values divided by the sled weight) to obtain the
Static and Kinetic Coefficient of Friction values at the respective sled positions. Five specimens are tested for each material.
In a preferred embodiment, the static coefficient of friction
of the material used to form the outer surface of the game ball,
such as the footballlO, is less or lower than the static coefficient of friction of the material used to form the outer surface
of the stripe 18 and/or the logo 20. Ina preferred embodiment,
the static coefficient of friction of the material used to form
the outer surface of the game ball, such as the footballlO, is
equal to or less than 0.50, and the static coefficient offriction
of the material used to form the outer surface of the stripe 18
and/or logo 20 is greater than 0.50. In other alternative preferred embodiments, the static coefficient of friction of the
material used to form the outer surface of the stripe 18 and/or
the logo 20 is greater than 1.0, greater than 2.0, greater than
3.0, or greater than 3.5. In another alternative preferred
embodiment, the static coefficient of friction of the material
used to form the outer surface of the football! 0, is equal to or
less than 1.00, and the static coefficient of friction of the
material used to form the outer surface of the stripe 18 and/or
logo 20 is greater than 1.00.
In an independent test, Applicants obtained static coefficient of friction values for a variety of materials in accordance
withASTM Standard No. D 1894-01, and as described above.
The materials tested included a white single tone polyurethane ("PU") material used to form stripes and/or logos on a
football; a brown dual-tone PU material used to form part or
all of the outer surface of a football; pieces of genuine leather
used to form the cover or cover panels of a leather football;
representative specimens of a Velcro loop material; representative specimens of a Velcro hook material; and a
smooth plate of glass.
The results identified from testing the static coefficient of
friction of five specimens of each of the above listed materials
in accordance withASTM D 1894-01 are shown below.

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US 8,460,135 B2
9

10

TABLE 1

the remaining two of the first, second, third and fourth


stripes being coupled to the second cover panel, the first
and second cover panels each having exposed end
regions and an exposed central region, the exposed end
regions of the first cover panel being spaced apart from
the exposed central region of the first cover panel by the
two of the first, second, third and fourth stripes, and the
exposed end regions of the second cover panel being
spaced apart from the exposed central region of the
second cover panel by the remaining two of the first,
second, third and fourth stripes, the at least first, second,
third and fourth stripes not extending over the third cover
panel or over the fourth cover panel.
2. The football of claim 1, wherein each of the at least first,
second, third and fourth sheet-like flexible stripes laterally
extends over at least a quarter of the circumference of the ball.
3. The football of claim 1, wherein the static coefficient of
friction of the second material used to form the outer surface
of the at least one of the stripes is equal to or greater than 0.50
and the first material used to form the outer surface of the
cover has a static coefficient of friction that is less than 0.50.
4. The football of claim 1, wherein the static coefficient of
friction of the second material used to form the outer surface
of the at least one of the stripes is greater than or equal to 1.0.
5. The football of claim 1, wherein the static coefficient of
friction of the second material used to form the outer surface
of the at least one of the stripes is greater than or equal to 2.0.
6. The football of claim 1, wherein the static coefficient of
friction of the second material used to form the outer surface
of the at least one of the stripes is greater than or equal to 3 .0.
7. The football of claim 3, wherein the static coefficient of
friction of the second material used to form the outer surface
of the at least one of the stripes is greater than or equal to 1.0.
8. The football of claim 7, wherein the static coefficient of
friction of the second material is greater than or equal to 2.0.
9. The football of claim 7, wherein the static coefficient of
friction of the second material is greater than or equal to 3.0.
10. The football of claim 1, wherein the static coefficient of
friction of the second material used to form the outer surface
of the at least one of the stripes is equal to or greater than 1.0
and the first material used to form the outer surface of the
cover has a static coefficient of friction that is less than 1.0.
11. The football of claim 10, wherein the static coefficient
of friction of the second material is greater than or equal to
2.0.
12. The football of claim 10, wherein the static coefficient
of friction of the second material is greater than or equal to
3.0.
13. A game ball configured for direct contact with a user's
hands, the game ball comprising:
a cover having an outer surface formed of a first material;
and
at least two sheet-like flexible, non fully circumferential
and laterally extending members fixedly and non-removably attached to, and positioned over, the outer surface of the cover without forming a recess in the outer
surface of the cover, the at least two members outwardly
extending from the cover by at least 0.2 millimeters, the
at least two members having an outer surface formed of
a second material, the second material having a static
coefficient offriction that is greater than the static coefficient of friction of the first material when measured in
accordance with the standard test method for static coefficient of friction of ASTM D1894-01, the frictional
interaction between the outer surface of the at least one
member and the hands of the user being greater than the
frictional interaction between the outer surface of the

STATIC COEFFICIENT OF FRICTION


Sample
No

2
4
Avg.
Std.
Dev.

White
PU
Material

Brown
PU
Material

Genuine
Leather

Velcro
Hook
Material

Velcro
Loop
Material

Smooth
Plate of
Glass

3.57
4.22
4.43
3.95
3.95
4.02
0.32

3.20
3.43
3.28
3.35
4.13
3.48
0.37

0.39
0.36
0.40
0.40
0.39
0.39
0.02

0.14
0.12
0.12
0.13
0.12
0.13
0.01

0.19
0.18
0.18
0.17
0.18
0.18
0.00

0.15
0.16
0.16
0.16
0.17
0.16
0.01

The white PU material is an example of the type of material


that can be used under the present invention to form the outer
surface of the stripe 18 and/or logo 20. Alternatively, the
brown PU material can also be used to form the outer surface
of the stripe 18 and/or the logo 20. Alternatively, other materials can also be used, such as, for example, a polyvinylchloride, a rubber, a leather, a synthetic leather, an elastomer and
combinations thereof. The static coefficient of friction of such
materials can vary, and can fall within the range of0.40to 5.0
or higher provided that the static coefficient of friction of the
material used to form the outer surface of the stripe 18 or the
logo 20 is higher than the static coefficient of friction used to
form the outer surface of the game ball.
The genuine leather specimens listed in Table 1 were the
same leather that is used to produce the covers of leather
footballs. It is important to note that the leather on leather
footballs typically becomes more grippable over time as the
leather is used and breaks in. Accordingly, the static coefficient of friction value of genuine leather is anticipated to
increase over time as the material is used. In contrast, the
static coefficient of friction other materials, such as the hook
and loop materials is not expected to increase over time or
use.
While the preferred embodiments of the present invention
have been described and illustrated, numerous departures
therefrom can be contemplated by persons skilled in the art.
Therefore, the present invention is not limited to the foregoing description but only by the scope and spirit of the
appended claims.
What is claimed is:
1. An inflatable American football having a major longitudinal dimension and a minor transverse dimension, the football configured for direct contact with a user's hands, the
football comprising:
a cover having an outer surface formed of a first material,
the cover including at least first, second, third and fourth
cover panels; and
at least first, second, third and fourth sheet-like flexible,
non fully circumferential and transversely extending
non-circular stripes fixedly and non-removably coupled
to the cover, the at least first, second, third and fourth
stripes having an outer surface formed of a second material, the second material having a static coefficient of
friction that is greater than the static coefficient of friction of the first material when measured in accordance
with the standard test method for static coefficient of
friction of ASTM D1894-01, the frictional interaction
between the outer surface of the at least one of the stripes
and the hands of the user being greater than the frictional
interaction between the outer surface of the cover and
the hands of the user, two of the first, second, third and
fourth stripes being coupled to the first cover panel, and

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US 8,460,135 B2
11

12

cover and the hands of the user, wherein the at least first
and second stripes include first, second, third and fourth
stripes, and wherein the cover includes first second
third and fourth cover panels, and wherein t~o of th~
first, second, third and fourth stripes are connected to the
first cover panel, and wherein the remaining of the first,
second, third and fourth stripes are connected to the
second cover panel.
14. The football of claim 1, wherein the second material of
the at least one of the stripes is selected from a group consisting of a polyurethane, a polyvinylchloride, a rubber, a leather,
a synthetic leather, an elastomer and combinations thereof.
15. The football of claim 1, wherein the outer surface of the
at least one of the stripes includes an exposed surface having
a pebbled texture.
16. The football of claim 1, wherein the at least one of the
stripes has a thickness between the range of0.2 to 2.0 millimeters.
17. The football of claim 1, wherein the at least one of the
stripes has a thickness between the range of0.5 to 1.0 millimeters.
18. The football of claim 1, wherein the at least one of the
stripes is coupled to the cover in a method selected from the
group consisting of adhesively bonded, thermally bonded,
chemically bonded, stitched, sewn, and combinations
thereof.
19. A game ball configured for direct contact with a user's
hands, the game ball comprising:
a cover having an outer surface formed of a first material
and
'
at least two sheet-like flexible, non fully circumferential
and laterally extending members fixedly and non-removably attached to, and positioned over, the outer surface of the cover without forming a recess in the outer
surface of the cover, the at least two members outwardly
extending from the cover by at least 0.2 millimeters, the
at least two members having an outer surface formed of
a second material, the second material having a static
coefficient of friction that is greater than the static coefficient of friction of the first material when measured in
accordance with the standard test method for static coefficient of friction of ASTM D1894-01, the frictional
interaction between the outer surface of the at least one
member and the hands of the user being greater than the
frictional interaction between the outer surface of the
cover and the hands of the user, wherein the at least one
sheet-like member is at least first and second stripes,
wherein each of the at least first and second stripes
include at least one tapered edge.
20. A game ball configured for direct contact with a user's
hands, the game ball comprising:
a cover having an outer surface formed of a first material
and
'
at least two sheet-like flexible, non fully circumferential
and laterally extending members fixedly and non-removably attached to, and positioned over, the outer surface of the cover without forming a recess in the outer
surface of the cover, the at least two members outwardly
extending from the cover by at least 0.2 millimeters, the

at least two members having an outer surface formed of


a second material, the second material having a static
coefficient offriction that is greater than the static coefficient of friction of the first material when measured in
accordance with the standard test method for static coefficient of friction of ASTM D1894-01, the frictional
interaction between the outer surface of the at least one
member and the hands of the user being greater than the
frictional interaction between the outer surface of the
cover and the hands of the user, wherein the at least one
member has an inner portion, and wherein the inner
portion includes a backing layer.
21. The game ball of claim 1, wherein at least one of the
cover panels defines an aperture for facilitating inflation.
22. The football of claim 1, wherein at least one of the at
least first, second, third and fourth stripes includes at least one
tapered edge.
23. The football of claim 1, wherein at least one of the first
second, third and fourth stripes has an inner portion, and
wherein the inner portion includes a backing layer.
~4. An .inflat~ble American football having a major longitudmal d1mens10n and a minor transverse dimension the
football configured for direct contact with a user's hand~ the
football comprising:
'
a cover including a plurality of cover panels, the cover
panels having an outer surface formed of a first material
at least one of the cover panels being formed of at leas~
first and second sub-panels; and
at least first and second sheet-like flexible, non fully circumferential and transversely extending stripes, each of
the stripes including side edges, one of the side edges of
the first stripe being fixedly and non-removably coupled
to the first sub-panel and the otherofthe side edges of the
first stripe being fixedly and non-removably coupled to
the second sub-panel such that the first stripe does not
fully overlap the outer surface of the cover panel, the at
least first and second stripes having an outer surface
formed of a second material, the second material having
a static coefficient of friction that is greater than the
static coefficient of friction of the first material when
measured in accordance with the standard test method
for static coefficient offriction of ASTM D1894-0l the
frictional interaction between the outer surface of the at
least one of the stripes and the hands of the user being
greater than the frictional interaction between the outer
surface of the cover and the hands of the user.
25. The football of claim 24, wherein the side edges are
coupled to the first and second sub-panels in a manner
selected from the group consisting of stitching, bonding,
adhesives and combinations thereof.
26. The football of claim 24, wherein the static coefficient
of friction of the second material used to form the outer
surface of the at least one of the stripes is greater than or equal
to 1.0.
27. The football of claim 24, wherein the outer surface of
the at least one of the stripes includes an exposed surface
having a pebbled texture.

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* * * * *

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 23 of 38 PageID #:23

EXHIBIT 2

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 24 of 38 PageID #:24


111111
1111111111111111111111111111111111111111111111111111111111111
US008905876B2

c12)

(54)

United States Patent

(10)

Guenther et al.

(45)

GAME BALL COVER WITH IMPROVED


STRIPES

(58)

(71)

Applicant: Wilson Sporting Goods Co., Chicago,


IL (US)

(72)

Inventors: Douglas G. Guenther, Wheaton, IL


(US); Kevin L. Krysiak, Chicago, IL
(US); Ming Hsin Lee, Taipei (TW)

(73)

Assignee: Wilson Sporting Goods Co., Chicago,


IL (US)

( *)

Notice:

(22)

Filed:

1,487,658
1,559,117
1,931,429
2,011,760
2,182,053
2,194,674
2,325,128

Sep. 5, 2013

Related U.S. Application Data

(63)

(51)

Continuation of application No. 12/220,569, filed on


Jul. 25, 2008, now Pat. No. 8,460,135, and a
continuation of application No. 11/404,986, filed on
Apr.
14, 2006, now abandoned, and a
continuation-in-part of application No. 10/325,421,
filed on Dec. 20, 2002, now Pat. No. 7,029,407.
Int. Cl.

(2006.01)
(2006.01)
A63B 43/00
U.S. Cl.
CPC ............... A63B 41108 (2013.01); A63B 43/008
(2013.01); A63B 2243/0037 (2013.01); A63B
2243/007 (2013.01)

A63B 41108

(52)

3/1924
10/1924
10/1933
8/1935
12/1939
3/1940
7/1943

Jensen .......................... 473/599


Maynard ......................... 273/65
Buckner eta!. ................. 273/65
Gallinant ...................... 473/596
Reach ............................. 273/65
Riddell ......................... 473/597
Grady ........................... 473/597

(Continued)

(57)

Prior Publication Data

US 2013/0231206 Al

A
A
A
A
A
A
A

Primary Examiner- Steven Wong


(74) Attorney, Agent, or Firm- Terence P. O'Brien

Apr. 19, 2013

(65)

References Cited

U.S. PATENT DOCUMENTS

This patent is subject to a terminal disclaimer.


Appl. No.: 13/866,196

USPC ............................ 473/597; 473/599; 473/603


Field of Classification Search
CPC .... A63B 41/08; A63B 43/002; A63B 43/008;
A63B 2243/007
USPC .......... 473/595-597, 599, 603-605, 615, 574
See application file for complete search history.

(56)

Subject to any disclaimer, the term of this


patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days.

(21)

Patent No.:
US 8,905,876 B2
Date of Patent:
*Dec. 9, 2014

ABSTRACT

An American football is configured for direct contact with a


user's hands and includes first and second transversely
extending stripes and a plurality of cover panels. The cover
panels have an outer surface formed of a first material. One of
the cover panels is formed of first, second and third subpanels. One of the side edges of the first and second stripes is
fixedly coupled to one of the first and second sub-panels,
respectively, and the other of the side edges of the first and
second stripes is fixedly coupled to one of the second and
third sub-panels, respectively. The stripes having an outer
surface formed of a second material. The second material has
a static coefficient of friction that is greater than the static
coefficient of friction of the first material when measured in
accordance with the standard test method for static coefficient
offriction of ASTM D1894-0l.

20 Claims, 7 Drawing Sheets

10

28

26

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US 8,905,876 B2
Page 2

References Cited

(56)

U.S. PATENT DOCUMENTS


2,448,731
3,917,271
3,953,030
4,515,852
4,822,041
4,867,452
4,869,504
4,928,962
5,098,097
5,127,648
5,133,550
5,183,263
5,195,745
5,228,687
5,310,178
5,316,294

A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A

9/1948
1111975
4/1976
5/1985
4/1989
9/1989
9/1989
5/1990
3/1992
7/1992
7/1992
2/1993
3/1993
7/1993
5/1994
5/1994

Park .............................. 473/596


Lemelson et a!. ............ 473/573
Muchnick .................. 273/348.4
Katabe eta!. ................. 428/246
Molitor ........................... 273/60
Finley ............................. 273/65
Kralik ............................. 273/65
Finley ............................. 273/65
Kennedy et a!. ................ 273/65
Mallick ........................... 273/65
Handy ............................ 273/65
Kuebler ........................ 473/573
Rudell eta!. .................. 473/573
Luecke eta!. .................. 273/65
Walker et al . ................. 473/605
Turangan ...................... 473/573

5,383,660
5,451,046
5,570,882
5,577,724
5,681,233
5,888,157
5,931,752
5,941,785
5,984,812
6,200,239
6,500,082
6,514,164
6,520,877
6,634,970
D505,462
D505,463
7,029,407
8,168,026
8,460,135

111995
9/1995
1111996
1111996
10/1997
3/1999
8/1999
8/1999
1111999
3/2001
12/2002
2/2003
2/2003
10/2003
s
5/2005
5/2005
s
B2
4/2006
B1
5/2012
B2 * 6/2013
A
A
A
A
A
A
A
A
A
B1
B1
B1*
B1
B2

* cited by examiner

Adler eta!. ..................... 273/65


Batton .......................... 473/470
Horkan ......................... 473/438
Gandolfo ........................ 273/65
Guenther et a!. ............. 473/605
Guenther et a!. ............. 473/604
Guenther et a!. ............. 473/597
Bartels .......................... 473/597
Sassak .......................... 473/596
Kennedy et a!. .............. 473/604
Ou ................................ 473/599
Parrett .......................... 473/603
Yang ............................. 473/604
Jiminez ......................... 473/597
Horkan eta!.
D211712
Horkan eta!. ............... D211712
Lee eta!. ...................... 473/597
Brown eta!.
156/245
Guenther et a!. ............. 473/597

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U.S. Patent

Dec. 9, 2014

US 8,905,876 B2

Sheet 1 of7

FIG.1
10

12

18

32

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U.S. Patent

Dec. 9, 2014

Sheet 2 of7

US 8,905,876 B2

FIG.2

12

36

38
10

28

26

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U.S. Patent

Dec. 9, 2014

US 8,905,876 B2

Sheet 3 of7

10
46

18

FIG.3

12

52
50
14

FIG.3A

22

29

42

27

/18

FIG.6

FIG.7
44

56

46

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U.S. Patent

Dec. 9, 2014

US 8,905,876 B2

Sheet 4 of7

FIG.4
54

18

24

44

FIG.5
18

~-

"

44

24

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U.S. Patent

Dec. 9, 2014

US 8,905,876 B2

Sheet 5 of7

FIG.8

10

118

57
22

/
52
50

14

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U.S. Patent

US 8,905,876 B2

Sheet 6 of7

Dec. 9, 2014

FIG.9

60

62

10

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U.S. Patent

Dec. 9, 2014

Sheet 7 of7

US 8,905,876 B2

FIG.10
100

60

20

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US 8,905,876 B2
1

GAME BALL COVER WITH IMPROVED


STRIPES

that improve a player's ability to pass, catch or otherwise


control a ball, particularly during inclement weather. Further,
it would be advantageous to provide football stripes, or game
ball logos, trademarks or symbols that are more durable and
peel resistant. It would also be advantageous to provide game
ball logos, trademarks and/or symbols, which improve the
gripping and tactile characteristics of the game ball.

CROSS-REFERENCE TO RELATED
APPLICATION
This application is a continuation application of U.S.
patent application Ser. No. 12/220,569 filed on Jul. 25, 2008,
which is a continuation application ofU.S. patent application
Ser. No. 11/404,986 filed on Apr. 14, 2006, now abandoned,
which is a continuation-in-part of application Ser. No.
10/325,421 filed on Dec. 20, 2002, now U.S. Pat. No. 7,029,
407.

10

FIELD OF THE INVENTION

15

The present invention relates generally to a game ball. In


particular, the present invention relates to a game ball including a cover and at least one sheet-like member coupled to the
cover wherein the static coefficient of friction of an outer
surface of the sheet-like member is greater than the static
coefficient of friction of an outer surface of the cover.

SUMMARY OF THE INVENTION

20

BACKGROUND OF THE INVENTION


25

Inflatable game balls, such as footballs, basketballs, volleyballs and soccer balls, are well known and typically
include an inner inflatable air bladder and an outer cover. The
cover can be formed of one or more cover panels. Many
footballs include covers with stripes. In fact, many organized
football associations, such as the National Collegiate Athletic
Association ("NCAA") and many state high school athletic
associations, require stripes on their footballs. In particular,
the NCAA requires footballs to include two l-inch white
stripes that are three to three and one-quarter inches from the
end of the ball and are located only on the two cover panels
adjacent to the laces. The outer cover of footballs and other
types of game balls also typically include trademarks, symbols and logos. The stripes, trademarks, logos and/or symbols
on game balls can extend over a significant percentage of the
outer surface area of the ball.
In football and basketball, as in many other sports, the
gripping and tactile characteristics of the ball can considerably affect the performance of the participating players. In
particular, the tactile characteristics of the outer surface of the
game ball significantly affect the player's ability to catch,
pass or otherwise control the ball accurately and reliably.
Football stripes are commonly applied by painting or transferring on a thin layer of paint, dye or other coating. These
stripes typically have a smooth and slick outer surface which,
particularly in inclement weather, can negatively affect the
player's ability to catch, pass and otherwise control the ball.
Many painted on or transferred on stripes are also susceptible
to peeling and can wear easily. As a result, the appearance of
many striped footballs overtime can be negatively affected by
stripes that have partially worn or flaked off. Even premium
game balls using striping material that is less slick and more
durable than typical striping material, result in stripes with
outer surfaces that have lower tactility than the other portions
of the ball. Logos, trademarks and other symbols commonly
applied to the outer surface of game balls also can have a
smooth, slick outer surface and can flake or wear away easily.
Thus, there is a need for football stripes that have improved
gripping and tactile characteristics, or frictional interaction
with the hands of a user, without deviating or radically departing from the ball's traditional design and organized play
equipment requirements. What is needed is football stripes

30

35

40

45

50

55

60

The present invention provides an inflatable game ball


including a carcass, a cover and at least one thin member. The
cover has inner and outer surfaces. The inner surface of the
cover is coupled to the carcass. At least one recess is formed
into the outer surface of the cover. At least one thin member is
coupled to the cover at the at least one recess. The member
substantially fills the recess. The member has inner and outer
portions. The outer portion is formed of a highly grippable
material.
According to a principal aspect of a preferred form of the
invention, an inflatable football includes a cover and at least
first and second stripes. The cover has an outer surface. At
least first and second recesses are formed into the outer surface of the cover. The first and second stripes are coupled to
the cover at the first and second recesses, respectively. The
first and second stripes substantially fill the first and second
recesses, respectively. Each of the first and second stripes has
inner and outer portions. The outer portion of each of the first
and second stripes is formed of an outer material that is
compressible, resilient and tactile.
According to another preferred aspect of the invention a
football includes a cover having an outer surface formed of a
first material and at least first and second stripes coupled to
the cover. Each of the first and second stripes has an outer
surface formed of a second material. The second material has
greater tactility than the first material such that the outer
surface of the first and second stripes is more easily grippable
than the outer surface of the cover.
According to another preferred aspect of the invention
provides a method of manufacturing an inflatable game ball.
The method includes the steps of obtaining a carcass, obtaining a cover having inner and outer surfaces, forming at least
one recess into the outer surface of the cover, coupling the
inner surface of the cover to the carcass, and substantially
filling the recess with a thin member having an outer portion
formed of an outer material that is compressible, resilient, and
tactile.
According to another preferred aspect of the invention a
game ball is configured for direct contact with a user's hands.
The game ball includes a cover having an outer surface
formed of a first material, and at least one sheet-like member
fixedly coupled to the cover. The sheet-like member has an
outer surface formed of a second material. The second material has a static coefficient of friction that is greater than the
static coefficient of friction of the first material when measured in accordance with the standard test method for static
coefficient of friction of ASTM D1894-0l.
This invention will become more fully understood from the
following detailed description, taken in conjunction with the
accompanying drawings described herein below, and wherein
like reference numerals refer to like parts.
BRIEF DESCRIPTION OF THE DRAWINGS

65

FIG. 1 is a top perspective view of an American football in


accordance with a preferred embodiment of the present
invention.

Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 34 of 38 PageID #:34


US 8,905,876 B2

FIG. 2 is a top, partially exploded, perspective view of the


football of FIG. 1.
FIG. 3 is a sectional view of the football taken along lines
3-3 of FIG. 1.
FIG. 3A is a sectional view of the cover of the football
taken along lines 3-3 of FIG. 1 in accordance with an alternative preferred embodiment of the present invention.
FIG. 4 is a top view of a portion of the outer surface of the
football within the circle 4 of FIG. 1.
FIG. 5 is a top view of a portion of the outer surface of a
football in accordance with an alternative preferred embodiment of the present invention.
FIG. 6 is a sectional view of a football stripe in accordance
with an alternative preferred embodiment of the present
invention.
FIG. 7 is a sectional view of a football stripe in accordance
with another alternative preferred embodiment of the present
invention.
FIG. 8 is a sectional view of a football in accordance with
another alternative preferred embodiment of the present
invention.
FIG. 9 is a top, partially exploded, perspective view of the
football of FIG. 1.
FIG. 10 is a partially exploded, perspective view of a basketball in accordance with another preferred embodiment of
the present invention.

inwardly extend into the cover panels 22 and 24 from an outer


surface of the cover panels 22 and 24. The recesses 36, 38, 40
and 42 preferably are formed with a depth within the range of
0.2 to 2.0 millimeters. In a particularly preferred embodiment, the depth of the recesses 36, 38, 40 and 42 is within the
range of 0.5 to 1.0 millimeters. In yet another particularly
preferred embodiment, the recesses have a depth within the
range of0.65 to 0.8 millimeters.
The stripe recesses 36, 38, 40 and 42 can be positioned at
any position about the cover panels and can have any width or
length dimension. Preferably, the position, width and length
of the stripe recesses 36, 38, 40 and 42 are located and sized
in accordance with stripe requirements of a particular athletic
association requirement. For example, the NCAA requires
two 1-inch white stripes that are three to three and one-quarter
inches from the end of the ball and are located only on the two
cover panels adjacent to the laces. Therefore, the stripe
recesses can be positioned and sized to correspond with the
NCAA stripe requirements. Alternatively, the stripe
recesses can be positioned and sized to match the stripe
requirements of other organizations, such as state high school
athletic associations.
In alternative preferred embodiments, the stripe recesses
can be formed on any one or more of the cover panels 22, 24,
26 and 28. In another alternative embodiment, the stripe
recesses can be formed by milling, stripping or otherwise
removing material from the outer surface of the cover panel to
form the recess. In another alternative preferred embodiment,
the cover, including the cover panels, can be formed without
recesses.
Referring to FIG. 1, the bladder 14 is an inflatable air tube
preferably having a prolate spheroidal shape. The bladder 14
is inserted into the cover 12 through the slot 32. The bladder
14 includes a valve 37 that extends through the valve aperture
34 of the cover 12 for access by a user.
The lacing 16 is used to secure the first and second cover
panels 22 and 24 and to close the slot 32. The lacing 6 also
provides raised surfaces for a player to contact when passing,
catching or holding onto the footballlO.
Referring to FIG. 2, the stripe 18 is an elongate thin member sized and positioned to substantially fill one of the stripe
recesses 36, 38, 40 and 42. The stripes 18 are also preferably
positioned and sized to match the position and size of the
stripe recesses. In a particularly preferred embodiment, the
stripes 18 are sized to meet a specific association or organization requirements for stripes, such as, for example, the
NCAA and state high school associations. The stripes 18
are preferably formed with a thickness within the range of0.2
to 2.0 millimeters. In a particularly preferred embodiment,
the thickness of the stripes is within the range of 0.5 to 1.0
millimeters. In yet another particularly preferred embodiment, the thickness of the strips 18 is within the range of0.65
to 0.8 millimeters. In another preferred embodiment, the
thickness of the stripe 18 can be selected to substantially fill
and slightly outwardly extend from cover panel. In another
alternative preferred embodiment, the stripe 18 is applied
directly to the outer surface of the cover or cover and of the
football without a recess. In this embodiment, the stripe can
outwardly extend front the outer surface of the cover or cover
panel by a predetermined amount, such as, for example, 0.2 to
2.0mm.
Each stripe 18 is permanently (not removeably) attached to
one of the cover panels 22 and 24. Preferably, the stripe is
attached to one of the cover panels through adhesive bonding,
thermal bonding, chemical bonding, stitching, sewing, pressfitting, and combinations thereof. In a particularly preferred
embodiment, the stripe 18 is attached to the cover panel by

10

15

20

25

DETAILED DESCRIPTION OF THE PREFERRED


EMBODIMENTS
30

Referring to FIG. 1, an American football is indicated


generally at 10. The footballlO is one example of an inflatable
game ball. The present invention is directly applicable to
other inflatable game balls, such as, for example, basketballs,
volleyballs, soccer balls and rugby balls. The game balls are
configured to be contacted directly by the hands of one or
more users, although the game balls can also be used by one
or more gloved users.
The football 10 is a generally prolate spheroidal shaped
inflatable object having a major longitudinal dimension and a
minor transverse dimension. The football! 0 includes, a cover
12, a bladder 14, a lacing 16, four stripes 18 and a plurality of
logos 20. The cover 12 is a prolate spheroidal shaped outer
body preferably formed from first, second, third and fourth
cover panels 22, 24, 26 and 28 that are joined to one another
along longitudinal seams 30. The longitudinal seam 30 connecting the first and second cover panels 22 and 24 includes a
longitudinally extending slot 32. The second cover panel 24
includes a valve aperture 34. In alternative preferred embodiments, the cover 12 can be formed of a single piece or of two,
three, five or other numbers of cover panels. The cover 12
provides the balllO with a durable and grippable outer surface. The cover 12 is typically made of leather, rubber or a
synthetic polymeric plastic material. An outer surface of the
cover 12 preferably includes a pebbled texture for enhancing
the grip and improving the aesthetics of the footballlO.
Referring to FIG. 2, first, second, third and fourth stripe
recesses 36, 38, 40 and 42 are formed into the first and second
cover panels 22 and 24. The recesses 36, 38, 40 and 42 are
preferably formed by embossing or pressing the cover panels
22 and 24 to produce the recesses 36, 38, 40 and 42. By
embossing or pressing the cover panels to form the strip
recesses, no cover panel material is removed, rather, the cover
panels are simply compressed under heat and/or pressure to
produce the recesses. Embossing or pressing the cover panels
enables the cover panels to retain their strength, structural
integrity and durability. The recesses 36, 38, 40 and 42

35

40

45

50

55

60

65

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US 8,905,876 B2

stitching, or sewing, and adhesive bonding. An adhesive is


applied to one or both of the inner surface of the stripe 18 and
the exposed surface of the stripe recess. The stripe 18 is
stitched or sewn at each end adjacent to the respective longitudinal seam 3 0. In one preferred embodiment, the stripe 18 is
laid over a portion of the cover panel and stitched to the cover
panel. Referring to FIG. 3A, in another alternative preferred
embodiment, the cover panel 22 is formed of two or more
sub-panels 23 and 25. One side edge 27 of the stripe 18 is
stitched to an edge 29 of one of the sub-panels 23 and another
side edge 31 of the stripe 18 is stitched to an edge 33 of
another sub-panel 25. In this alternative preferred embodiment, the stripe 18 does not fully overlap the cover 12 or cover
panel22, rather the stripe 18 serves as a portion of the cover
panel 22. In this embodiment, stitching of the edges is preferred, but the stripe and cover sub-panels can also be coupled
through other conventional means, such as, for example,
bonding, welting, adhesives, etc. In an alternative preferred
embodiment, the stripe 18 can be applied to the stripe recess
in a liquid state and then allowed to cure.
In a preferred embodiment, the stripe 18 includes outer and
inner portions 44 and 46. The outer portion 44 is formed of a
compressible, resilient and tactile (as in tacky) material, preferably, a polyurethane. In alternative preferred embodiments,
the outer portion 44 can be formed of other materials, such as,
for example, a polyvinylchloride, a rubber, a leather, a synthetic leather, an elastomer and combinations thereof. The
stripe 18 is not formed of a hook and/or loop material, or a
loose sand-like material that is glued to the cover 12. The
outer portion 44 is preferably formed in a white color. Alternatively, the outer portion 44 can be formed in any other color
or color combination. In a preferred embodiment, the tactile
characteristics and the frictional interaction of the outer portion44 of the stripe 18with the hands of a user are greater than
or equal to the tactile characteristics and frictional interaction
of outer surface of the cover 12 or the cover panels 22, 24, 26
and 28 with the hands of a user. In one particularly preferred
embodiment, the outer portion 44 of the stripe 18 is formed of
a polyurethane or other highly grippable material and is used
on a ball1 0 having a leather, composite leather, or a synthetic
leather material with less tactility (or tackiness).
The inner portion 46 of the stripe 18 is a backing layer
configured to strengthen and facilitate attachment of the
stripe to the cover 12. The inner portion 46 is fixedly connected to the outer portion through bonding, impregnation, or
other conventional means. The inner portion 46 is preferably
formed of a strong, tear resistant material, such as, a woven or
unwoven fabric. The fabric of the inner portion 46 can be
impregnated with a polymer, such as a latex.
The outer portion 44 of the stripe 18 improves the overall
feel of the stripes and the ball, and increases the frictional
interaction between the stripe 18 and the hands of the player.
This increased frictional interaction enables the stripe 18 to
improve or increase the gripability or tactility of the football
10, thereby improving a player's ability to pass, catch, hold
on to, and otherwise control the ball 10, particularly in
inclement weather. The stripe 18 of the present invention
eliminates the smooth and slick outer surface of the stripe
present on many existing balls. The stripe 18 is also more
durable, more wear resistant and less susceptible to peeling
than conventional football stripes. The stripe 18 is configured
to withstand the stresses encountered during normal use without peeling or significantly wearing, and to improve the overall feel of the stripe 18 and the ball1 0 to the user. Additionally,
the stripe 18 of the present invention improves the feel and

playability of the ball without deviating from the traditional


look of a game ball or the football requirements of athletic
associations.
FIG. 3 illustrates the football 10 in greater detail. The
football10 is a multi-layered structure preferably including a
carcass 48 and the cover 12. In one preferred embodiment, the
carcass 48 includes the bladder 14, a windings layer 50 and a
padding layer 52. The carcass 48 enables the football10 to
retain its desired shape, and a predetermined amount of air
thereby achieving the desired firnmess to the football10. The
carcass 48 also improves the strength, reliability and feel of
the ball10. In alternative preferred embodiments, the carcass
can include other combinations of materials and layers. The
stripe recess 42 (or stripe recesses 36, 38 or40) preferably has
aU-shaped cross-section for receiving the stripe 18. In alternative, preferred embodiments, the stripe recess can take
other cross-sectional shapes, such as for example, polygonal,
arcuate, irregular and combinations thereof.
The stripe 18 substantially fills the stripe recess 42. In an
alternative preferred embodiment, the stripe 18 can partially
fill the recess thereby providing a recessed outer surface. In
another alternative preferred embodiment, the stripe 18 can
fill the recess and slightly outwardly extend from the recess
thereby providing a raised stripe look and feel to the ball.
FIG. 4 illustrates the cover 12 and the stripe 18 in greater
detail. In a preferred embodiment, the outer surface of the
outer portion 44 of the stripe 18 has a pebbled texture including a plurality of pebble-like projections 54. The outer surface
of the cover 12 also preferably includes a pebbled texture and
a plurality of pebble-like projections 55, which are substantially similar to the pebble-like projections 54 of the stripe 18.
The pebble-like projections 54 provide the outer surface of
the stripe 18 with a pebbled texture that is substantially similar to the grip enhancing pebbled outer surface present on the
cover 12 of conventional footballs and basketballs. The
pebble-like projections 54 are preferably convex, rounded
and spaced apart from one another. The pebble-like projections 54 further improve the player's ability to grip the football 10. In an alternative preferred embodiment, the outer
surface 52 of the stripe 18 can include a plurality of concave
pebble-like projections. Referring to FIG. 5, in an alternative
preferred embodiment, the outer surface of the stripe 18 can
be generally smooth and free of pebble-like projections. In
other embodiments, the outer surface 52 can be crosshatched, grainy, grooved or otherwise irregular to roughen the
texture of the outer surface of the stripe 18.
Referring to FIGS. 6 and 7, alternative preferred embodiments of the stripe 18 are illustrated. FIG. 6 illustrates one
preferred alternative embodiment, wherein the stripe 18 is
formed of one continuous material. The material is substantially similar to the materials used for the outer portion 44 of
the stripe 18 discussed above. Referring to FIG. 7, another
alternative preferred embodiment of the stripe 18 is illustrated. The stripe 18 can be multi-layered with the outer and
inner portions 44 and 46, as discussed above separated by an
intermediate layer 56. The intermediate layer can be formed
of any suitable material. The material of the intermediate
layer 56 can vary from one ball to the next depending upon the
desired characteristics of the stripe (compressibility, durability, softness, etc.).
Referring to FIG. 8, an alternative preferred embodiment
of the stripe 18 applied to the cover panel 22 is illustrated. In
this embodiment, a stripe 18 is attached directly to the outer
surface of a portion of the cover 12 or one of the cover panels
22, 24, 26 or 28. The stripe 118 is substantially similar to the
stripe 18 described above. The stripe 118 can be attached to
the cover and cover panel by chemical, thermal, or mechani-

10

15

20

25

30

35

40

45

50

55

60

65

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US 8,905,876 B2
7

cal bonding, stitching, sewing or other conventional means.


The stripe 118 can be formed of the same materials as the
stripe 18. The stripe 118 is shown as being formed of a single
continuous material, alternatively, the stripe 118 can include
a backing or multiple layers. The outer surface of the stripe
118 can be pebbled, smooth or have other outer surface configurations such as those described above for the stripe 18.
The portion of the cover 12 or cover panel contacting the
stripe is not recessed. As such the stripe 118 outwardly
extends from outer surface of the cover 12 or coverpanel22.
Each side of the stripe 118 preferably includes a tapered edge
57 in order to eliminate a shape raised corner edge.
The outer surface of the stripe 118 is preferably made of a
material that is more tactile (or tacky), or has greater tactility
(or tackiness), than the material the outer surface of the cover
12 or cover panel. The outer surface of the stripe 118 also has
a greater frictional interaction with the hands of a user than
the outer surface of the cover 12. In other words, the material
of the outer surface of stripe 118 is preferably formed of a
material that is more grippable than the material of the outer
surface of the cover 12 or the cover panel. For example, the
cover panel or cover 12 can be formed of a leather and the
stripe 118 can be formed of a polyurethane. The stripes 118
are preferably formed with a thickness within the range of 0.2
to 2.0 millimeters. In a particularly preferred embodiment,
the thickness of the stripes 118 is within the range of0.5 to 1.0
millimeters. In yet another particularly preferred embodiment, the thickness of the stripes 118 is within the range of
0.65 to 0.8 millimeters.
Referring to FIGS. 9 and 10, the present invention is also
applicable to logos, trademarks or symbols applied to a game
ball, such as, for example, the "Wilson" logo and trademark
20. The game ball can be a football, a basketball or any other
type of game ball. In a preferred embodiment, the cover 12
includes a logo recess 58. The logo recess 58 is produced and
has similar depth limitations as the stripe recesses 36, 38, 40
and 42 described above. The logo recess 58 is positioned at a
desired position(s) on the cover 12 and is formed to generally
correspond to the shape of the logo 20 or any other desired
logo, trademark or symbol.
The logo 20 is preferably similar to the stripe 18 discussed
above. In a preferred embodiment the logo 20 includes outer
and inner portions 60 and 62, which are similar in construction and operation to the outer and inner portions 44 and 46 of
the stripe 18. The logo 20 can be single or multi-colored, and
can be representative of any alpha-numeric or graphical
image. The outer surface of the outer portion 60 of the logo 20
can be smooth, pebbled or have other types of three dimensional outer surface configuration. The logo 20 is preferably
connected to the cover 12 at the secondary recess 58 in a
manner similar to the connection of the stripe 18 to the stripe
recess 42.
The game balll 0 can be formed by first obtaining the cover
12 formed of one or more cover panels. The stripe recesses 42
and/or logo recesses 58 are then formed into the outer surface
of the cover or cover panel. In a preferred embodiment, the
recesses 42 and 58 are formed by embossing or pressing the
outer surface of the cover. The cover or cover panel may have
a pebbled texture before the formation of the recesses through
embossing or pressing. In alternative preferred embodiments,
the recesses 42 and 58 can be formed by milling, stripping or
other conventional means for removing material. The stripe
18 and/or logo 20 is laid-in to the corresponding recess 42 or
58 and secured through adhesive bonding, thermal bonding,
chemical bonding, stitching, sewing, press-fitting and combinations thereof. If the cover 12 is formed of two or more

cover panels, the cover panels can be connected together


through stitching or other means, and the cover is then positioned about the carcass.
The outer portion 44 of the stripe 18, and/or the outer
portion 60 of the logo 20, is formed of a material that has a
higher static coefficient of friction than the static coefficient
offriction of the material used to form the outer surface of the
cover 12, or the cover panels. The static coefficient of friction
is measured in accordance with ASTM Standard D 1894-01
entitled "Standard Test Method for Static and Kinetic Coefficients ofFriction ofPlastic Film and Sheeting" promulgated
by ASTM International located at 100 Barr Harbor Drive,
West Conshohocken, Pa. 19428-2959.
In accordance with ASTM Std. D 1894-01, material
samples are preferably trimmed to 2.5" width.times.2.5"
length. A metal sled is used having a size of approximately
2.5' length.times.2.5' width.times.0.25' thickness. The bottom
of the sled is lined with a high density foam (having a nominal
density of 0.25 g/cm.sup.3). Prior to testing, the sled is
weighed. A plane or runway is also used and placed onto a
smooth supporting base. The runway is formed of a metal. In
one example, the runway is formed of 304 Stainless Steel
having a #8 Mirror Surface. The runway is cleaned with
isopropyl alcohol and dried with a soft, lint-free cloth. The
sample to be tested is attached to the sled. The sled is pulled
across the runway at a speed of 152.4 mm per minute for a
total distance of 200 mm. The initial force to start sled movement and the average force from the 25 mm distance to the
175 mm distance is recorded. The force measuring device is
capable of measuring frictional force to +I -5% of its value,
and can be a spring gage, a universal testing machine, or a
strain gage. The sled weight is then divided into the force
values (force values divided by the sled weight) to obtain the
Static and Kinetic Coefficient of Friction values at the respective sled positions. Five specimens are tested for each material.
In a preferred embodiment, the static coefficient of friction
of the material used to form the outer surface of the game ball,
such as the footballlO, is less or lower than the static coefficient of friction of the material used to form the outer surface
of the stripe 18 and/or the logo 20. Ina preferred embodiment,
the static coefficient of friction of the material used to form
the outer surface of the game ball, such as the footballlO, is
equal to or less than 0.50, and the static coefficient offriction
of the material used to form the outer surface of the stripe 18
and/or logo 20 is greater than 0.50. In other alternative preferred embodiments, the static coefficient of friction of the
material used to form the outer surface of the stripe 18 and/or
the logo 20 is greater than 1.0, greater than 2.0, greater than
3.0, or greater than 3.5. In another alternative preferred
embodiment, the static coefficient of friction of the material
used to form the outer surface of the football! 0, is equal to or
less than 1.00, and the static coefficient of friction of the
material used to form the outer surface of the stripe 18 and/or
logo 20 is greater than 1.00.
In an independent test, Applicants obtained static coefficient of friction values for a variety of materials in accordance
withASTM Standard No. D 1894-01, and as described above.
The materials tested included a white single tone polyurethane ("PU") material used to form stripes and/or logos on a
football; a brown dual-tone PU material used to form part or
all of the outer surface of a football; pieces of genuine leather
used to form the cover or cover panels of a leather football;
representative specimens of a Velcro loop material; representative specimens of a Velcro hook material; and a
smooth plate of glass.

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Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 37 of 38 PageID #:37


US 8,905,876 B2
9

10

The results identified from testing the static coefficient of


friction of five specimens of each of the above listed materials
in accordance withASTM D 1894-01 are shown below.

second material having a static coefficient offriction that


is greater than the static coefficient of friction of the first
material when measured in accordance with the standard
test method for static coefficient of friction of ASTM
D1894-01, the at least first and second stripes not fully
overlapping the at least one cover panel, the second
material being a non-hook and/or loop material.
2. The football of claim 1, wherein the frictional interaction
between the outer surface of the at least one of the stripes and
the hands of the user is greater than the frictional interaction
between the outer surface of the cover and the hands of the
user.
3. The football of claim 1, wherein one of the side edges of
the first stripe is stitched to the first sub-panel.
4. The football of claim 3, wherein the other of the side
edges of the first stripe is stitched to the second sub-panel.
5. The football of claim 1, further comprising a bladder and
a lining positioned over the bladder.
6. The football of claim 1, wherein the side edges of the first
stripe are fixedly and non-removably coupled to the first and
second sub-panels in a manner selected from the group consisting of adhesive bonding, thermal bonding, chemical
bonding, stitching, sewing, press-fitting and combinations
thereof.
7. The football of claim 1, wherein the static coefficient of
friction of the second material used to form the outer surface
of the at least one of the stripes is greater than or equal to 1.0.
8. The football of claim 1, wherein the outer surface of the
at least one of the stripes includes an exposed surface having
a pebbled texture.
9. The football of claim 1, wherein the cover includes at
least first, second, third and fourth cover panels, wherein the
at least first and second stripes include first, second, third and
fourth stripes, wherein the first and second stripes are coupled
to the first panel, and wherein the third and fourth stripes are
coupled to the second cover panel.
10. The football of claim 9, wherein each of the first,
second, third and fourth stripes transversely extend over at
least a quarter of the circumference of the football.
11. The football of claim 1, wherein the static coefficient of
friction of the second material is equal to or greater than 0.50
and the first material has a static coefficient of friction that is
less than 0.50.
12. The football of claim 1, wherein the static coefficient of
friction of the second material used to form the outer surface
of the at least one of the stripes is greater than or equal to 2.0.
13. The football of claim 1, wherein the static coefficient of
friction of the second material is equal to or greater than 1.0
and the first material has a static coefficient of friction that is
less than 1.0.
14. The football of claim 1, wherein the at least one of the
stripes has a thickness between the range of0.2 to 2.0 millimeters.
15. The football of claim 1, wherein the second material of
the at least one of the stripes is selected from a group consisting of a polyurethane, a polyvinylchloride, a rubber, a leather,
a synthetic leather, an elastomer and combinations thereof.
16. The football of claim 1, wherein at least one of the
stripes has an inner portion, and wherein the inner portion
includes a backing layer.
17. The football of claim 1, further comprising a lacing, and
wherein the lacing is longitudinally spaced apart from the first
and second stripes.
18. The football of claim 1, wherein at least one of the first
and second stripes is multi-layered.
19. The football of claim 18, wherein the at least one
multilayered stripe includes an outer portion and an inner

TABLE 1
STATIC COEFFICIENT OF FRICTION

White
Sample
PU
Brown PU Genuine
No.
Material Material Leather

2
4
Avg.
Std.
Dev.

3.57
4.22
4.43
3.95
3.95
4.02
0.32

3.20
3.43
3.28
3.35
4.13
3.48
0.37

0.39
0.36
0.40
0.40
0.39
0.39
0.02

Velcro
Hook
Material

Velcro
Loop
Material

Smooth
Plate of
Glass

0.14
0.12
0.12
0.13
0.12
0.13
0.01

0.19
0.18
0.18
0.17
0.18
0.18
0.00

0.15
0.16
0.16
0.16
0.17
0.16
0.01

The white PU material is an example of the type of material


that can be used under the present invention to form the outer
surface of the stripe 18 and/or logo 20. Alternatively, the
brown PU material can also be used to form the outer surface
of the stripe 18 and/or the logo 20. Alternatively, other materials can also be used, such as, for example, a polyvinylchloride, a rubber, a leather, a synthetic leather, an elastomer and
combinations thereof. The static coefficient of friction of such
materials can vary, and can fall within the range of0.40to 5.0
or higher provided that the static coefficient of friction of the
material used to form the outer surface of the stripe 18 or the
logo 20 is higher than the static coefficient of friction used to
form the outer surface of the game ball.
The genuine leather specimens listed in Table 1 were the
same leather that is used to produce the covers of leather
footballs. It is important to note that the leather on leather
footballs typically becomes more grippable over time as the
leather is used and breaks in. Accordingly, the static coefficient of friction value of genuine leather is anticipated to
increase over time as the material is used. In contrast, the
static coefficient of friction other materials, such as the hook
and loop materials is not expected to increase over time or
use.
While the preferred embodiments of the present invention
have been described and illustrated, numerous departures
therefrom can be contemplated by persons skilled in the art.
Therefore, the present invention is not limited to the foregoing description but only by the scope and spirit of the
appended claims.
What is claimed is:
1. An inflatable American football having a major longitudinal dimension and a minor transverse dimension, the football configured for direct contact with a user's hands, the
football comprising:
a cover including a plurality of cover panels, the cover
panels having an outer surface formed of a first material,
at least one of the cover panels being formed of at least
first, second and third sub-panels; and
at least first and second flexible, transversely extending
stripes, each of the stripes including side edges, one of
the side edges of the first stripe being fixedly coupled to
the first sub-panel and the other of the side edges of the
first stripe being fixedly coupled to the second subpanel, one of the side edges of the second stripe being
fixedly coupled to the second sub-panel and the other of
the side edges of the second stripe being fixedly coupled
to the third sub-panel, the at least first and second stripes
having an outer surface formed of a second material, the

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Case: 1:15-cv-06760 Document #: 1 Filed: 08/03/15 Page 38 of 38 PageID #:38


US 8,905,876 B2
11
portion, wherein the inner and outer portions of the stripe are
separated by an intermediate layer.
20. The football of claim 1, wherein the plurality of cover
panels form longitudinal seams, wherein at least one of the
first and second stripes is stitched at each end adjacent to
respective longitudinal seams.

* * * * *

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