Case 2:12-cv—O5680-AB Document 1 Filed 10/04/12 Page 1 of 13
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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`CASE NO.:
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`JURY TRIAL DEMANDED
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`3
`
`!I
`
`1
`
`I i
`
`;
`;
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`DESTINATION MATERNITY
`
`CORPORATION
`
`Plaintiff,
`
`v.
`
`TARGET CORPORATION. CHEROKEE
`INC. AND ELIZABETH LANGE LLC
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff Destination Maternity Corporation ("DMC"), by their undersigned counsel,
`
`brings this action against defendants, Target Corporation ("Target"), Cherokee Inc. ("Cherolcee")
`
`and Elizabeth Lange LLC ("Liz Lange LLC") (collectively. "Defendants"). and in support
`
`alleges
`
`follows:
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`PARTIES
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`1. DMC is a Delaware corporation having its principal place of business at 456 North 5th
`
`Street, Philadelphia, PA 19123-4007.
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`2. Upon infonnation and belief, Target is a Minnesota corporation with its principal place of
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`business at 1000 Nicollet Mall, Minneapolis, MN 55403.
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`3. Upon information and belief, Cherokee is a Delaware corporation with its principal place
`
`of business at 6835 Valjean Avenue, Van Nuys, California 91406.
`
`EAS"1"i5 I 7530 I92
`
`i
`
`DMC Exhibit 2081_OO1
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case’ 2:12-cv-O-5680-AB Document 1 Filed 10/04/12 Page 2 of 13
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`4. Upon information and belief, Liz Lange LLC is a New York limited liability company
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`with its principal place ofbusiness at 347 West 36th Street, 2nd Floor. New York, NY 10018.
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`JURISDICTION AND VENUE
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`S. This court has jurisdiction over this action pursuant to 28 Ll_S.C. §§ 133] and l338{a)
`
`because this action arises under the patent laws of the United States, including 35 U.S.C. §§ 1 et
`
`seq.
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`6. Upon information and belief, the Court has personal jurisdiction over Defendants because
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`specific acts of infringement occurred within this judicial district.
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`7. Upon information and belief, Defendants are doing business in this judicial district and
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`the Court has personal jurisdiction for this additional reason.
`
`8. Venue is proper in this Judicial District under 28 U.S.C. §§ 1391 and 1400.
`
`FACTS
`
`Destination Maternity Background
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`9. DMC was founded in Philadelphia in 1982 as a small mail-order maternity apparel
`
`catalog. As a pioneer and innovator of maternity clothing, DMC successfully grew from its
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`humble beginnings into the United States’ largest maternity apparel retailer with more than 2,000
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`retail locations.
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`10. As DMC grew, it preserved its Philadelphia roots, maintaining its corporate headquarters
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`is in Philadelphia in the Northern Liberties section.
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`In addition, all of DMC's distribution centers
`
`EAS'l"\5 I 7580 I92
`
`I-J
`
`DMC Exhibit 2081_OO2
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv—O5680-AB Document 1 Filed 10/04/12 Page 3 of 13
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`are located in Philadelphia, including a facility in the Philadelphia Naval Business Center, which
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`is used for warehousing, distribution and raw material cutting.
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`ll. Currently, DMC employs approximately 650 people in Philadelphia.
`
`The Patents-in-Suit
`
`12. On October 19. 2010. United States Patent No. 7,814,575 (the ‘"575 Patent") for "Belly
`
`Covering Garment" was legally issued by the United States Patent and Trademark Office
`
`(“USPTO") to inventors Lisa A. Hendricl-(son, James H. Gardner Ill and Richard Adelman. A
`
`copy of the ‘S75 Patent is attached hereto as Exhibit A.
`
`13. DMC is the owner of the entire right, title. and interest in and to the ‘S75 Patent. DMC
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`andfor its predecessors in interest owned the ‘S75 Patent throughout the period of the Defendants‘
`
`infringing acts.
`
`14. On July 24, 2012, United States Patent No. RE 43,531 (the ‘"531 Patent") for "Belly
`
`Covering Garment" was legally issued by the USPTO to inventors Lisa A. Hendrickson, James
`
`H. Gardner III and Richard Adelman. A copy of the ‘S31 Patent is attached hereto as Exhibit B.
`
`15. The ‘S31 Patent is a reissue of the ‘S75 Patent.
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`16. DMC is the owner of the entire right. title. and interest in and to the ‘S31 Patent. DMC
`
`owned the ‘S31 Patent throughout the period of the Defendants‘ infringing acts and still owns the
`
`'53] Patent.
`
`17. Claims 1-25 of the ‘S31 Patent are identical to Claims 1-25 ofthe ‘S75 Patent.
`
`F.A5'|‘\S1758019.2
`
`DMC Exhibit 2081_OO3
`
`Target v. DMC
`
`|PR2013-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-O5680—AB Document 1 Filed 10/04/12 Page 4 of 13
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`18. On March 8, 20ll, United States Patent No. 7,900,276 (the ‘"276 Patent") for "Belly
`
`Covering Garment" was legally issued by the USPTO to inventors Lisa A. Hendrickson, James
`
`H. Gardner Ill and Richard Adelman. A copy of the ‘Z276 Patent is attached hereto as Exhibit C.
`
`I9. DMC is the owner of the entire right, title, and interest in and to the '276 Patent. DMC
`
`andfor its predecessors in interest owned the '276 Patent throughout the period of the Defendants’
`
`infringing acts.
`
`20. On August 7, 2012, United States Patent No. RE 43,563 (the ‘"5633 Patent") for "Belly
`
`Covering Garment" was legally issued by the USPTO to inventors Lisa A. Hendrickson. James
`
`H. Gardner Ill and Richard Adelman. A copy of the ‘S63 Patent is attached hereto as Exhibit D.
`
`21. The ‘S63 Patent is a reissue of the '276 Patent.
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`22. Claims 1-16 of the ‘S63 Patent are identical to Claims 1-16 of the '276 Patent.
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`333. DMC is the owner of the entire right, title, and interest in and to the ‘S31 Patent. DMC
`
`owned the ‘SSH Patent throughout the period of the Defendants‘ infringing acts and still owns the
`
`'53] Patent.
`
`Patent Infringame»!
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`24. The Defendants have infringed, and are still infringing, directly and indirectly, the "531
`
`Patent and the ‘S63 Patent (collectively, the "Patents-in-Suit"), including prior infringement of
`
`the ‘S75 Patent and the '2?6 Patent, by making. using, offering to sell, selling and/or importing
`
`garment bottoms that embody the Patents-in-Suit including, but not limited to. garment bottoms
`
`sold under the brand Liz Lange® (the "Accused Products").
`
`lEx’\S"l'\5 l 758(ll9_’2
`
`DMC Exhibit 2081_OO4
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-05680-AB Document 1 Filed 10/04/12 Page 5 of 13
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`25. The Accused Products include currently offered clothing named "Liz Lange® for
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`Target® Matemity Extended-Sizes Flare Jeans — Dark Wash"; "Liz Lange® for Target®
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`Maternity Beige-Band Bootcut Jeans — Kalena Blue"; "Liz Lange® for Target® Maternity Blue-
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`Band Bootcut Jeans — Kalena Blue"; and "Liz Lange® for Target® Maternity Straight-Leg Pants
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`- Light Peet."
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`26. Upon information and belief, the Accused Products are or were available, and are or were
`
`being offered for sale and sold, at stores carrying Defendants‘ products and at the following
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`Target websites, including at stores and to consumers located in this Judicial District:
`
`htt
`
`
`-extended-sizes-flare-'eans-
`:fr'wWw.tarIet.comf /liz-lan e-for-tar et-maternit
`
`
`
`
`dark—wash}'-/A-13510376
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`b. http:/fwww.Iarget.com/p/li2-lange-for—target-maternity-beige-band-bootcut—ieans—
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`kalena-blue/-/A-14171092
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`c. h_tt_p:z’:’www.1arget.corn/pfliz-1ange-foretarget-maternity-blue—band-bootcut-jcans-
`
`kalena-blue/-EA-14170948
`
`d. http:/I
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`*.ta;g§t.con1/pfliz-lange-for-target-maternity-striaght-leg-pants-light
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`Q6131;/-/A-l4l38496
`
`27. Upon information and belief, Cherokee owns the Liz Lange® brand.
`
`28. Upon information and belief, Liz Lange LLC is a subsidiary of Cherokee.
`
`[EAS'|'\5l 753019.}
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`DMC Exhibit 2081_OO5
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv—O5680-AB Document 1 Filed 10/04/12 Page 6 of 13
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`29. Upon information and belief, Target, Liz Lange LLC and/or Cherokee are or were
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`responsible for the design, manufacture, and marketing of garment bottoms sold under the Liz
`
`La.nge® brand.
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`30. Liz Lange LLC and/or Cherokee direct customers to buy products at third party stores
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`and websites, including Target, at the website http:ffwww.1izlange.com/where-to-buy/.
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`31. Upon information and belief. Liz Lange LLC and/or Cherokee direct customers to buy
`
`products at third party stores and websites with the specific intent to induce infringement of the
`
`Patents-in—Suit.
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`32. Upon information and belief, Cherokee is expanding the territory for the Liz Lange®
`
`brand.
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`33. Upon information and belief, Target sells garment bottoms under the Liz Lange® brand
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`at Targefs more than 1.700 stores nationwide and online at www.target.co1n.
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`34. Upon information and belief, maternity patents sold under the Liz Lange® brand are
`
`exclusively sold by Target.
`
`35. Target indirectly infringes the Patents-in-Suit because its customers use the Accused
`
`Products.
`
`36. Upon information and belief, Target offers to sell and sells the Accused Products to
`
`customers with the specific intent to induce infringement of the Patents-in-Suit.
`
`EX-\S'|‘s5 I 7580.! I 9.2
`
`DMC Exhibit 2081_OO6
`
`Target v. DMC
`
`|PR2013-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-05680-AB Document 1 Filed 10/04/12 Page 7 of 13
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`37. Upon information and belief, the Defendants had knowledge that the Accused Products
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`are especially made or especially adapted for use in an infringement of the Patents-in-Suit and
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`are not a staple article or commodity of commerce suitable for substantial non-infringing use.
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`38. Defendants are infringing andfor infringed the Patents-in-Suit because they are or were
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`actively inducing others to infringe by providing Accused Products to third parties who are or
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`were using, offering for sale, selling and/or importing the Accused Products.
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`39. The Defendants have infringed and are still
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`infringing, directly and indirectly,
`
`the
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`Patents-in-Suit by making, using, offering to sell, selling and/or importing pant products that
`
`embody the Patents-in—-Suit including, but not limited to, the Accused Products.
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`40. The inventions covered by the Patents—in-Suit are of great value to DMC. Defendants’
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`infringing conduct has taken place within the United States without license or permission of
`
`DMC and it is believed that such activity will continue unless enjoined by this Court.
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`4|. DMC has suffered and will continue to suffer damages from the acts of infringement
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`complained of herein.
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`Notice afPatem Infringement
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`42. Defendants‘
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`infringement has been. and continues to be, willful and deliberate.
`
`Defendants have been on constructive notice of the Patents-in-Suit by at
`
`least as early as
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`December 4, 2008, when the applications relating to the ‘S75 Patent and '276 Patent were
`
`published, and further on October 19. 2010 and March 8, 2011, when the ‘S75 Patent and '276
`
`EAS'l\5l 7S3l]l9.2
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`DMC Exhibit 2081_OO7
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv—O5680-AB Document 1 Filed 10/04/12 Page 8 of 13
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`Patent issued. respectively. The Defendants have had actual notice since at least as early as a
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`letter dated June 26. 2009 from DMC to Target.
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`43.Tl1e Defendants continue to sell
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`the Accused Products despite an objectively high
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`likelihood that their actions constitute infringement of the Patents-in-Suit. The Defendants knew
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`or should have known that
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`their actions constituted direct and indirect
`
`infringement of the
`
`Patents-in-Suit.
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`44. DMC sells products in the United States that embody the Patents—in—Suit, including under
`
`the brand name Secret Fit Be-l1y®.
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`45. DMC has complied with the statutory requirement of placing a notice of the Letters
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`Patent on all garment bottoms that it manufactures and sells embodying the Patents-in-Suit and
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`has given the Defendants written notice ofinfringement through Target.
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`46. In a letter dated June 26, 2009, DMC informed Target
`
`that DMC owned Patent
`
`Application Nos.
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`ll/756,242 (the ‘"242 Application") and 12/117,004 (the ‘"004 Application).
`
`DMC also provided Target with copies of the published ‘242 Application and ‘O04 Application.
`
`47.111 a letter dated February 22, 2011, DMC informed Target that the '242 Application
`
`issued as the ‘S75 Patent. DMC also informed Target that the ‘O04 Application was granted a
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`Notice of Allowance From the USPTO and that DMC paid the issue fee. DMC provided Target
`
`with a copy of the ‘S75 Patent and the allowed claims of the '004 Application.
`
`l'_-"A.‘S'l'tS 1 7580 I92.
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`DMC Exhibit 2081_OO8
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv—O5680-AB Document 1 Filed 10/04/12 Page 9 of 13
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`48. In its February 22., 2011 letter, DMC informed Target that "products being offered by
`
`Target under the ‘Liz Lange Maternity for Target‘ brand appear to be identical or virtually
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`identical to the Secret Fit Belly® features for which [DMC has] received patent protection."
`
`49. In a letter dated February 25, 2011, Target responded to DMC requesting additional
`
`information.
`
`50. In a letter dated March 16, 2011. counsel for DMC provided Target with additional
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`information including a claim chart and Target website print—outs showing some of the garment
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`bottoms in question. The claim charts specifically compared each claim element of the DMC
`
`patents to the identified Target garment bottoms. The identified garment bottoms in question
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`were several Liz Lange® for Target® maternity pants.
`
`51. Counsel for Target and counsel for DMC exchanged further correspondence without
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`resolution.
`
`COUNT I
`
`(Infringement Of The ‘S31 Patent)
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`52. DMC repeats and incorporates by reference the previous paragraphs of this Complaint as
`
`if set forth in full herein.
`
`53. The Accused Products infringe the ‘S31 Patent because they include the claim limitations
`
`of the ‘S31 Patent either literally or under the doctrine of equivalents.
`
`S4. The Defendants have directly and indirectly infringed, and are still directly and indirectly
`
`infringing, the ‘S31 Patent by making, using, offering to sell, selling and/or importing maternity
`
`EASTN5 I 7580 I92
`
`DMC Exhibit 2081_OO9
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-0.5680-AB Document 1 Filed 10/04/12 Page 10 of 13
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`pant products that embody the ‘S31 Patent including, but not limited to, the Accused Products.
`
`The Defendants will continue to infiinge the '53l Patent unless enjoined by this Court.
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`55. Defendants‘ infringement has irreparably injured DMC and will continue to injure DMC
`
`unless and until the Court enters an injunction prohibiting further infringement, and specifically
`
`enjoins further manufacture, use, offers for sale, sale and importation of Defendants‘ products
`
`that fall within the scope of the '53] Patent.
`
`56. Defendants‘ infringement of the ‘S31 Patent has been and continues to be willful and
`
`deliberate.
`
`57. The Defendants had actual notice of at least Claims 1-25 the '53] Patent and, despite that
`
`notice, the Defendants have persisted in infringing the '53] Patent. The Defendants have acted
`
`despite an objectively high likelihood that their actions constitute infringement of the ‘S31
`
`Patent, and knew or should have known of the risk associated with their deliberate actions.
`
`58. The Defendants‘ infringement has injured DMC, and DMC is entitled to recover damages
`
`adequate to compensate for such infringement,
`
`including, but not
`
`limited to.
`
`lost profits,
`
`at
`
`reasonable royalty award, treble damages, costs, pre and postjudgment interest at the maximum
`
`allowable rate, attorneys‘ fees, and such other and further relief this Court deems just and proper.
`
`COUNT ll
`
`(Infringement Of The ‘S63 Patent)
`
`59. DMC repeats and incorporates by reference the previous paragraphs of this Complaint as
`
`if set forth in full herein.
`
`sAst\5i75su19.2
`
`10
`
`DMC Exhibit 2081_O1O
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-0.5680-AB Document 1 Filed 10/04/12 Page 11 of 13
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`60. The Accused Products infringe the '563 Patent because they include the claim limitations
`
`of the ‘S63 Patent either literally or under the doctrine of equivalents.
`
`61. The Defendants have directly and indirectly infringed, and are still directly and indirectly
`
`infringing, the ‘S63 Patent by making, using, offering to sell, selling andfor importing maternity
`
`pant products that embody the "563 Patent including, but not limited to, the Accused Products.
`
`The Defendants will continue to infringe the ‘S63 Patent unless enjoined by this Court.
`
`62. Defendants‘ infringement has irreparably injured DMC and will continue to injure DMC
`
`unless and until the Court enters an injunction prohibiting further infringement, and specifically
`
`enjoins further manufacture, use, offers for sale, sale and importation of Defendants’ products
`
`that fall within the scope of the "563 Patent.
`
`63. Defendants’ infringement of the ‘S63 Patent has been and continues to be willful and
`
`deliberate.
`
`64. The Defendants had actual notice of at least Claims 1-16 of the ‘S63 Patent and, despite
`
`that notice, the Defendants have persisted in infringing the ‘S63 Patent. The Defendants have
`
`acted despite an objectively high likelihood that their actions constitute infringement of the ‘S63
`
`Patent, and knew or should have known ofthe risk associated with their deliberate actions.
`
`65. The Defendants’ infringement has injured DMC, and DMC is entitled to recover damages
`
`adequate to compensate for such infringement,
`
`including, but not
`
`limited to,
`
`lost profits, a
`
`reasonable royalty award, treble damages, costs, pre and post judgment interest at the maximum
`
`allowable rate. attorneys’ fees, and such other and further relief this Court deems just and proper.
`
`I1"!-\.‘:‘{I\S1?S80l9.2
`
`1 l
`
`DMC Exhibit 2081_O11
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-0.5680-AB Document 1 Filed 10/04/12 Page 12 of 13
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`PRAYER FOR RELIEF
`
`WHEREFORE. DMC respectfully demands
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`judgment against Defendants,
`
`their
`
`subsidiaries, affiliates, agents, servants, employees, attorneys and all persons in active concert or
`
`in participation with them, granting DMC the following relief:
`
`(1)
`
`A permanent injunction prohibiting Defendants from further acts of infringemeiit
`
`of the Patents-in-Suit;
`
`(2)
`
`Damages sufficient to compensate DMC for the infringement by Defendants in an
`
`amount
`
`to be proved at trial, but
`
`in no event
`
`less than a reasonable royalty,
`
`together with
`
`prejudgrnent interest from the date infringement began;
`
`('3)
`
`An award to DMC of three times the amount of damages so determined, as
`
`provided for in 35 U.S.C. § 284;
`
`(4')
`
`A finding that this case is "exceptional," and an award to DMC of its costs and
`
`reasonable attorneys’ fees, as provided in 35 U.S.C. § 285; and
`
`(5)
`
`Such other and further relief as this Court or jury may determine to be proper and
`
`just.
`
`JURY DEMAND
`
`Pursuant to Fed. R. Civ. P. 38(b), plaintiffs hereby demand atrial by a jury on all issues
`
`so triable.
`
`EASTNS I 7580 I92
`
`12
`
`DMC Exhibit 2081_O12
`
`Target v. DMC
`
`|PR2013-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-0.5680-AB Document 1 Filed 10/04/12 Page 13 of 13
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`. UC.~iU&-7C2‘
`
`"1’
`
`2317--
`
`Resp
`
`/‘
`‘
`fully sub i-tte
`
`
`
`/
`Jr]! Paul A: Taufe , Esq. PA 53,935)
`? Michael L. B
`s, Esq. (PA 204,365)
`K opn Piper LLP (US)
`Une Liberty Place
`1650 Market Street, Suite 4900
`
`Philadelphia, PA 19103
`Phone: (215) 656-3385
`Fax: (215)606-3385
`Qaul.taufer(fi1dla_rgiger.con1
`michae1.bums[t?1dlagigercom
`
`Attorneys for Destination Maternity Corporation
`
`Of Counsel:
`
`Frank W. Ryan
`Tamar Y. Duvdevani
`Melissa A. Reinckens
`
`DLA Piper LLP (US)
`1251 Avenue of the Americas
`
`New York, New York 10020-1104
`Phone: (212) 335-4500
`Fax: (212) 335-4501
`1rank.rv'a11@d1aQiQer.com
`ta1nar.duvdeva11i(2_?Jdlapiper.corn
`melissa.rei11ckens@d1a1;iper.com
`
`EAST\51 T5301‘-).2
`
`13
`
`DMC Exhibit 2081_O13
`
`Target v. DMC
`
`|PR2013-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-O5680—AB Document 1-1 Filed 10/04/12 Page 1 of 13
`
`EXHIBIT A
`
`DMC Exhibit 2081_O14
`
`Target v. DMC
`
`|PR2013-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-0.56.80-AB Document 1-1 Filed 10/04/12 Page 2 of 13
`I||||||ll|l|||||||||||||l||l|||||||Il|||||||||||l||||||l|l||||||||||||l||
`
`USOD7814575B2
`
`(13)
`
`United States Patent
`Hendrickson et al.
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 7,814,575 B2
`Oct. 19, 2010
`
`(54)
`
`(75)
`
`BELLY COVERING GARMENT
`
`Inventors: Lisa A. llendricl-tsnn, Mount Laurel, N.)
`(US): James H. Gardner, III, Ambler,
`PA (US); Richard Adelman,
`Greensboro, NC (US)
`
`(73)
`
`Assignec: Destination Maternity Corporation,
`Wilmington, DE (US)
`
`(*l
`
`Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.(?. l54(b) by 647 days.
`
`(21)
`
`App]. No: 11I'756,242
`
`(22)
`
`(65)
`
`(51)
`
`(53)
`(53)
`
`(55)
`
`Filed:
`
`May 31, 2007
`Prior Publication Data
`
`US 2008/0295225 A1
`
`Dec. 4. 2008
`
`Int. Cl.
`(2006.01)
`AJID 13/00
`(2006.01)
`A411) 9/00
`2.1227; 450/155
`U.S. Cl.
`............................... ..
`
`2/69,
`Field of Classification Search
`2.1228, 227. 238. 236. 237, 211, 212, 214;
`450/155. 96-100
`See application file for complete search history.
`References Cited
`
`U.S. PATENT DOCUMENTS
`3,045,678 A “'
`7/1962 Geimer
`4,280,229 A "‘
`7/1981 Stein
`
`
`
`450/130
`.. 21221
`
`4,506,390 A *
`5,946,730 A
`6.311.333 Bi "‘
`2004/0210987 A1
`2006/0010571 A1
`
`3/1935
`9/1999
`1112001
`1052004
`M2006
`
`Stern
`Blair
`Batra
`Carney
`Oakley
`
`2.1221
`
`2/237
`
`OTHER PUBLICATIONS
`
`1 in the Oven’slnvisiBe1[yTM Jeans. Trade Literature, Feb. 26, 2008.
`http:.".’wwW.1intheoven.com/index.php'?pj:roduct&1d?88&pztr»
`ent=26&i s_print_versi on=true.
`Intcrnati orta.l Search Report and Written Opinion dated Aug. 18, 2008
`in PCT./US2[)08/061739.
`Cody. Diablo,J’m1o. DVD. Fox Searchlight Pictures screenplay, Feb.
`2, 2008, Newmarket Press, Newrnarket Publishing and Communica-
`tions company, New York, NY.
`
`"‘ cited by examiner
`
`Primary Examiner-Gloria Hale
`(74) Attorney, Agent, or Firm—DLA Piper LLP (US)
`
`(57)
`
`ABSTRACT
`
`The present invention relates to a garment worn during dif-
`ferent stages of pregnancy and different stages ofpostpartum
`body changes. A garment upper portion has a belly panel that
`is expansible to cover and fit over a growing, abdomen during
`different stages of pregnancy. and El garment lower portion
`having a first torso encircling circumference that recedes
`downward to make way for expansion of the belly panel. The
`garment upper portion has a second torso encircling circum-
`ference to hold the garment up and in place over the torso.
`
`25 Claims, 8 Drawing Sheets
`
`
`
`104
`
`DMC Exhibit 2081_O15
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-05680-AB Document 1-1 Filed 10/04/12 Page 3 of 13
`
`U.S. Patent
`
`Oct. 19, 2010
`
`Sheet 1 M8
`
`US 7,814,575 B2
`
`134
`
`_"___—~/”
`
`130
`
`100
`
`102
`
`«'39
`
`122
`
`112
`
`FIG.
`
`1
`
`DMC Exhibit 2081_O16
`
`Target v. DMC
`
`|PR2013-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-O5680—AB Document 1-1 Filed 10/04/12 Page 4 of 13
`
`U.S. Patent
`
`Oct. 19, 2010
`
`Sheet 2 of 8
`
`Us 7,814,575 B2
`
`125 \
`
`__124
`
`1 O2
`
`108
`
`A
`12_ ‘ 1053
`
`104
`
`JM
`
`FIG. ‘IA
`
`DMC Exhibit 2081_O1?
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-O5680—AB Document 1-1 Filed 10/04/12 Page 5 of 13
`
`US. Patent
`
`Oct. 19, 2010
`
`Sheet 3 M8
`
`US 7,814,575 B2
`
`/ 134
`
`100E 1110
`
`132
`
`102
`
`208
`
`106
`
`204
`
`104
`
`r
`
`
`\
`
`110
`
`‘
`200
`
`112
`
`114
`
`116
`
`FiG.2
`
`DMC Exhibit 2081_O18
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-O5680—AB Document 1-1 Filed 10/04/12 Page 6 of 13
`
`U.S. Patent
`
`Oct. 19, 2010
`
`Sheet 4 of8
`
`US 7,814,575 B2
`
`/134 130«
`
`
`H __,_, .3
`
`100
`102
`
`v
`
`132
`
`308
`310
`
`314
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`124
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`I
`
`9
`/J}
`/J/'
`//J’, /
`
`300
`
`A
`
`1 04
`
`FIG. 3
`
`DMC Exhibit 2081_O19
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-O5680—AB Document 1-1 Filed 10/04/12 Page 7 of 13
`
`U.S. Patent
`
`Oct. 19, 2010
`
`Sheet 5 off}
`
`US 7,814,575 B2
`
`‘I 34
`
`100
`
`~— - -* “
`
`41o
`
`é414
`416
`
`41 8
`
`\
`
`10?-
`400
`
`"1
`
`402
`404
`
`5
`
`104
`
`FIG. 4
`
`DMC Exhibit 2081_O2O
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-O5680—AB Document 1-1 Filed 10/04/12 Page 8 of 13
`
`U.S. Patent
`
`0ct.19, 2010
`
`Sheet6of8
`
`US 7,814,575 B2
`
`132
`5:38“
`512
`
`_.— F
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`514 I _
`‘
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`‘I34
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`502
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`506
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`1 O2
`
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`
`FIG. 5
`
`DMC Exhibit 2081_O21
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-O5680—AB Document 1-1 Filed 10/04/12 Page 9 of 13
`
`Patent
`
`Oct. 19, 2010
`
`Sheet 7 of8
`
`US 7,314,575 B2
`
`1 34
`
`132
`604-
`
`602
`
`-—-~» '*""”/ ix‘ 500
`J W _W,,,,,
`
`124
`
`102
`
`100
`
`FIG. 6
`
`DMC Exhibit 2081_O22
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`Case 2:12-cv-05680-AB Document 1-1 Filed 10/04/12 Page 10 of 13
`
`U.S. Patent
`
`Oct. 19, 2010
`
`Sheet 3 of8
`
`Us 7,814,575 B2
`
`700
`
`100
`
`104
`
`FIG. 7
`
`DMC Exhibit 2081_O23
`
`Target v. DMC
`
`IPRZO13-00530, 531, 532, 533
`
`

`
`1
`BELLY COVERING GARMENT
`
`FIELD OF THE INVENTION
`
`The present invention relates to a garment worn during
`different stages of pregnancy and different stages of postpar-
`tum body changes.
`
`BACKGROUND OF THE INVENTION
`
`Garments intended to cover a wearer’s body below the
`abdomen or belly during various stages of pregnancy have
`been manufactured as knits or woven fabrics. Some of the
`knits orwoven fabric garments are constructed with an elastic
`belt or waist band which caused discomfort when tightened
`about the body. Some ofthe garments have stretchable fabric
`panels sewn into place with sewn seams. Such garments cause
`discomfort due to the presence of the sewn seams, urged by
`elastic stretching of the panels pressing against the torso.
`Moreover, women have complained that suchigarrnents are
`difficult to keep in place, as they gradually slip downward
`while they are being worn.
`Denim jeans or trousers have been recycled by removing
`the waistband at the front of the jeans and replacing the same
`with an elastic band that cradles a growing abdomen. Alter-
`natively. denim jeans or trousers are rnanufactured without a
`waistband at the front so that a separate hand can be attached
`at the front.
`
`Accordingly, a need exists fora garment that covers and fits
`a growing abdomen during different stages of pregnancy.
`Such a garment is required to stay up, and desirably would fit
`comfortably while being worn. Moreover, such a garment
`would stay up when worn over different body types.
`
`SUMMARY OF THE INVENTION
`
`10
`
`IS
`
`30
`
`35
`
`A purpose of the invention is to provide a garment that
`adapts to cover and fit a growing abdomen during pregnancy,
`wherein the garment stays up when worn.
`A garment comprises a garment upper portion and a gar-
`ment lower portion. The garment upper portion has a belly
`panel that is exparrsible to cover and fit over a growing abdo-
`men during different stages of pregnancy. The garment lower
`portion has a first torso encircling circumference that recedes
`downward to make way for expansion of the belly panel. The
`garment upper portion has a second torso encircling circum-
`ference lo hold the gtrrmerrt up and in place over the torso.
`An embodiment of the garment is adjustable to encircle
`different body types. Another embodiment of the invention
`provides a garment that fits comfortably while being worn.
`An embodiment of the garment comprises an adjustable
`torso encircling circumference that is adjustable in girth to
`encircle different body types.
`An entbodinrent of the upper portion of the garment com- ’
`prises a seamless tubular elastic fabric to stretch elastically
`and fit different body types.
`An embodiment of the abdomen covering area comprises
`an elastic fabric.
`
`40
`
`45
`
`50
`
`60
`
`An embodiment of the abdomen covering area comprises
`an elastic fabric that is contractible elastically to cover an
`abdomen during different
`stages of post partum body
`changes.
`According to an embodiment of the invention, an expan-
`sible tubular upper portion of the garment is seamless to fit
`comfortably while being worn.
`
`65
`
`Case 2:1.2—cv-05680-AB Document 1-1 Filed 10/04/12 Page 11 of 13
`
`US 7,814,575 B2
`
`2
`BRIEF DESCRIPTION or THE DRAWINGS
`
`FIG. 1 is a front view ofa garment according to the present
`invention.
`FIG. IA is a view similar to FIG. 1, and discloses a body
`panel covering a growing abdomen.
`FIG. 2 is a view of a backside portion of the garment
`disclosed by FIG. 1.
`FIG. 3 is View ofa front portion ofanother embodiment of
`a garment.
`FIG. 4 is view ofa backside portion ofanother embodiment
`of a garment.
`FIG. 5 is a view of a backside portion of yet another
`embodiment of a garment.
`FIG. 6 is from View ofa portion ofanother embodiment of
`a garment.
`FIG. 7 is front view of a portion ofyet another embodiment
`of a garment.
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`FIG. 1 discloses a garment I 00 for encircling a lower torso
`portion of a wearer of the garment 100. The garment 100
`comprises a garment upper portion 102 and a garment lower
`portion 104. A lower end perimeter 106 of the gannent upper
`portion 102 is attached to a corresponding upper end perim-
`eter 108 ofthe garment lower portion 104. The garment lower
`portion 104 comprises, for example, a pair of trousers, such
`as, denimje-ans. Alternatively, the garment lower portion 104
`comprises a skirt depicted in FIG. 1 in phantom outline.
`With reference to FIGS. 1 and 2, each leg ofthe pair of
`trousers is constructed with sewn seams. Outer side seams
`110, 112 extend continuously from top to bottom of the
`trousers, or ganrtent lower portion 104. Further, each leg is
`constructed with inner side seams 114, 116 joining a front
`center seam 118 ofthe trousers and a back side, curved center
`seam 200. FIG. 2, of the trousers. For example. the front
`center seam 106 defines a sewn “zipper less” fly front. The
`back side of the trousers, FIG. 2, is sewn with a back side
`perimeter seam 202 extending horizontally across the back
`side of the trousers from the outer side seams 110, 112 to the
`back side center seam 200. If pockets are desired, the legs of
`the trousers are constructed, for example, with a front pockets
`120, 122 and back pockets 204, 206.
`FIG. 2 discloses anembodiment ofthe trousers. or garment
`lower portion 104, having a partial waistband 208 joining and
`extending from the side seams 110, 112 of the trousers and
`extending across a back side ofthe trousers or garment lower
`portion 104. The waistband 208 is sewn onto the perimeter
`seam 202 on the back side, 'lhc waistband 208 tapers toward
`the side seams 110, 112 and widens across the back side, and
`has a center seam 210 to shape the waistband 208 with a
`curvature above a wearer’s pelvis, and for torso coverage
`especially when sitting or bending.
`In FIG. 1, the garment upper portion 102 has a belly panel
`124 to provide an abdomen covering area. The belly panel
`124 is expansible, for example, when made of a stretchable
`fabric, to cover and fit over a growing abdomen during dif-
`ferent stages of pregnancy, FIG. IA. The belly panel 124 has
`a bottom portion 128 that projects downward witha parabolic
`shape, especially when covering a growing abdomen, FIG.
`IA. The perimeter 108 of the garment lower portion 104
`provides a first
`torso encircling circumference 126 that
`recedes downward with a parabolic shape adjacent to and
`below the bottom portion 128 of the belly panel 124 to make
`way for expansion of the belly panel 124 when covering a
`growing abdomen during various stages of pregnancy. The
`
`DMC Exhibit 2081_O24
`
`Target v. DMC
`
`|PR2013-00530, 531, 532, 533
`
`

`
`Case 2:1.2—cv-05680-AB Document 1-1 Filed 10/04/12 Page 12 of 13
`
`US 7,814,575 B2
`
`3
`parabolic shape includes a shallow curvature, or, alternatively
`includes a more pronounced curvature. The belly panel 124
`extends at least partially under the abdomen of the garment
`wearer to meet andjoin the bottom portion 128 of the belly
`panel 124 with the parabolic receding circumference 126 of
`the garment lower portion 104.
`According to an embodiment of the invention, at least the
`beliy panel 124 comprises a stretchable fabric that is woven or
`knitted with elastic. stretchable strands. The stretchable fab-
`ric is expansible by stretching elastically to cover and fit over
`the growing abdomen, FIG. 1A. Further, the stretchable fab-
`ric is coutractible elastically to cover a shrinking abdomen
`during different stages of post partum body changes. The
`belly panel 124 also has foreseeable alternative liinctions, for
`example. to cover an abdomen during different stages oftorso
`weight gains and losses, or to lit over respective torsos of
`different body types.
`In FIGS. 1 and 2, the garment upper portion has a top
`tubular perimeter hem 130 made by folding over a top edge
`margin ofthe stretchable fabric, and either tubular knitting or
`sewing the folded fabric to the inside surface ofthe fabric, and
`to create atop perimeter knitted hem stitch 132 as disclosed in
`FIG. 1. The perimeter ofthe garment upper portion 102 has a
`torso encircling circumference 134 to hold the garment 100
`up and iii place over the torso. Advantageously, the entire
`garment 100 is held up and in place. An embodiment of the
`garment upper portion 102 comprises stretchable fabric to
`adjust the girth ofthe second torso encircling circumference
`134 in conformance with dillerent body types. According to
`an embodiment of the invention. the torso encircling circum-
`ference 134 extends along the upper end of the belly panel
`124. In FIG. 1A, the belly panel 124