My Evidence Matters
Both the "LotsofLoveBuddies" and "CloudPets"
use a smartphone to send messages to a plush toy via
Bluetooth Low Energy , also known as
"BTLE" or "BT4.0"
Mark Meyers in Declaration states:
"Spiral Toys started engineering the CloudPets Product technology in September of 2011."
Ninth Circuit Nevada Federal Court Case No. 2:15-cv-01576 (Dkt 10-1)
"CloudPets" was named "Toy-Fi" overseas
The Spiral Toys' Invoice below, is a QUOTE for
Stage 1 BT4.0 [BTLE technology] Firmware Development
dated July 7, 2013
In a Supplemental Declaration Meyers States,
"Spiral Toys first invented the
toy communication technology that is at the core
of its current line of interactive plush toys known as "CloudPets"
(the "Cloud Pets Product")
in the fall of 2011, with working prototypes." (Dkt 112)
At the Preliminary Injunction on October 14, 2015,
Since Meyers did not bring any of his alleged prototypes
I questioned him about the Iphone 4s
(which is the first and only smartphone in 2011 to have BTLE)
Ninth Circuit Nevada Federal Court Case No. 2:15-cv-01576 (Dkt 77 pgs 37-38)
Shana: Okay, so you talk about the iphone 4s.
Shana: Do you know when the iphone 4s came out?
Shana: When was it released?
… (Page 38)
Shana: It came out actually in October of 2011.
In addition, entered into the Court record at the Preliminary Injunction were Two Spiral Toys Documents:
1) a Spiral Toys' 2015 Corporate Presentation which states,
"January 2014: Initial Spiral technology development complete"
2) a Spiral Toys' 2015 Investor Presentation which states,
"January 2014: Spiral Technology Development Completed"
Mark Meyers Response (at the Preliminary Injunction) regarding the dates in the Timelines claiming technology development completed in 2014 to investors.
Mr. Ryan [On Demand's Counsel]: Well, why don't you just explain to the Court what those entries mean.
MEYERS: Sure. I mean, these decs are put together to get investors excited about the company. They - - at the same time, we're trying to get some distance. Toy-Fi went out. We sold 80,000 units" ... "It wasn't marketed at all" ... "and we wanted to get some distance from it" ... "It's not necessarily that we're developing new technology. I mean, it's the same technology.
We are just trying to rebrand it as fresh and new."
(Dkt 77 pg 27 of PI transcripts)
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