Case 2:15-cv-06759-KAM-AKT Document 1 Filed 11/24/15 Page 1 of 20 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF NEW YORK
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`Case No.: 1:15-cv-6759
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`COMPLAINT
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`JURY TRIAL DEMANDED
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`§§§§§§§§§§§§
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`BEDGEAR, LLC
`
`Plaintiff,
`
`v.
`
`FREDMAN BROS. FURNITURE COMPANY,
`INC. D/B/A GLIDEAWAY SLEEP
`PRODUCTS
`
`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`This is an action for patent infringement in which plaintiff, Bedgear, LLC (“Bedgear”),
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`by its counsel, Bryan Cave LLP, makes the following allegations in support of its Complaint
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`against defendant, Fredman Bros. Furniture Company, Inc. d/b/a Glideaway Sleep Products
`
`(“Glideaway”):
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`PARTIES
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`1.
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`Bedgear is a Delaware limited liability company with its principal place of
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`business at 110 Bi-County Blvd., Suite 101, Farmingdale, NY. Bedgear draws on its proprietary
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`technology to innovate and develop various bedding products and accessories, including pillows,
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`mattress protectors, and bed sheets. Among other things, Bedgear’s bedding products provide
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`advanced functional properties that enhance performance and facilitate recovery during sleep.
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`As a result of its innovations, Bedgear has become the market leader in the performance bedding
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`industry.
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`2.
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`On information and belief, Glideaway is a Missouri corporation with its principal
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`place of business at 8226 Lackland Road, St. Louis, MO 63114.
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`3.
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`Glideaway manufactures, imports, offers for sale, sells, and/or distributes bedding
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`products, including pillows, that directly or indirectly infringe Bedgear’s patents.
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`JURISDICTION AND VENUE
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`4.
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`This action arises under the patent laws of the United States, Title 35 U.S.C. §§ 1,
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`et seq. Accordingly, this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`5.
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`On information and belief, Glideaway is subject to this Court’s specific and
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`general personal jurisdiction, pursuant to due process and/or the New York Long Arm Statute,
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`due at least to its substantial ongoing business activities in this forum, including regularly doing
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`or soliciting business, engaging in other persistent courses of conduct, and/or deriving substantial
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`revenue from goods and services provided to persons or entities in New York and this District.
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`On information and belief, Glideaway maintains and operates websites on the Internet, including
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`http://www.glideaway.com, which are operational twenty-four (24) hours a day, seven days a
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`week, are accessible to and regularly accessed by residents of this District and other persons
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`throughout the United States, and through which Glideaway promotes and advertises its
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`infringing products and directs consumers to purchase its infringing products from authorized
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`third party distributors and resellers. On information and belief, Glideaway has, through its
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`websites and/or various other authorized third party websites, repeatedly transacted business with
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`customers throughout the United States, including customers within this District, and has
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`advertised, promoted, sold, and shipped infringing products into this District without Bedgear’s
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`authorization or permission. Further, on information and belief, Glideaway has derived
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`substantial revenue from interstate commerce and has interjected itself into this District by its
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`operation of a nationwide business through commercial websites and third party distributors or
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`resellers whereby Glideaway has sold and continues to sell infringing products. Thus, this
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`Court’s exercise of jurisdiction over Glideaway will not offend traditional notions of fair play
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`and substantial justice.
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`6.
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`Venue is proper in this District under 28 U.S.C. §§ 1391(b), 1391(c), and 1400(b)
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`at least because Glideaway is subject to personal jurisdiction in this District, does business in the
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`State of New York and this District, and has committed and continues to commit acts of
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`infringement in this District.
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`BACKGROUND
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`Bedgear’s Bedding Innovations
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`7.
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`Bedgear is a leading manufacturer of specialty bedding products and sleep
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`essentials, including pillows, pillow protectors, mattress protectors and encasements, mattress
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`toppers, blankets, and sheets.
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`8.
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`Bedgear’s philosophy is centered around designing, developing, and delivering
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`bedding products that provide individuals with improved recovery during sleep in order to
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`enhance their active lifestyles.
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`9.
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`Bedgear was founded by nationally-recognized entrepreneur, Eugene Alletto,
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`whose two decades of prior expertise with home furnishings and textiles laid the foundation for
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`Bedgear’s unique approach to fabrics and manufacturing techniques, as well as its innovations
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`across a wide array of specialty bedding products.
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`10.
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`Since its inception, Bedgear has been dedicated to developing and perfecting
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`bedding products and sleep essentials that are engineered using advanced textile fabrication
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`techniques. Bedgear utilizes these proprietary technologies and techniques to provide consumers
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`with a variety of high-tech, high-quality bedding products that have new and improved
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`functional characteristics designed to improve sleep quality.
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`11.
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`Due to its many innovations and novel high-tech approach to bedding products,
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`Bedgear is well-known for being a pioneer of performance bedding.
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`12.
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`For example, Bedgear has been referred to in the media as “the company that
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`invented ‘performance sleep,’” based on its performance branded line of bedding products.
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`(Bloomberg, “Small to Big” video segment, “The Company That Invented ‘Performance Sleep,’”
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`November 4, 2014). Bedgear and its performance branded bedding products have also been
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`featured on numerous other media networks and outlets, including NBC (NBC Weekend Today
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`New York, “Best Gifts for Mother’s Day,” May 3, 2015), KHONTV (KHONTV, “Is Your
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`Pillow Right For You,” February 27, 2015), FIOS1 (FIOS1, “Money & Main$treet,” January 29,
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`2015), ABC (ABC World News Now, “Sweet Dreams – High-Tech Bedding,” October 23,
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`2014), and The Daily (The Daily news app, “Sleeping on a Fortune,” December 11, 2012).
`
`13.
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`Bedgear has also been selected as the specialty bedding partner of a number of
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`nationally-recognized professional sports teams, including the New York Mets, the Detroit
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`Tigers, the San Diego Padres, the Denver Broncos, and the New York Islanders.
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`14.
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`One area in which Bedgear has devoted considerable resources and effort is in
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`creating and developing pillows and pillow covers. Bedgear’s founder, Eugene Alletto, came up
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`with the idea of performance pillows and invented ground-breaking solutions that substantially
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`improve an individual’s sleep environment and sleep quality through novel pillow designs and
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`innovative fabrics and materials.
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`15.
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`Bedgear was the first to develop and introduce a line of performance pillows that
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`utilize and implement these significant innovations. Among other things, Bedgear’s inventive
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`performance pillows provide improved head and neck support for different types of sleepers,
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`enhance ventilation and air flow through the pillows, and provide a cooling and wicking effect
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`during use.
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`16.
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`Bedgear has protected various aspects of its inventive solutions and cutting-edge
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`technologies with a range of intellectual property rights. In particular, as a result of its
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`significant innovations, Bedgear has been granted a number of patents by the U.S. Patent and
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`Trademark Office (“the Patent Office”), which protect various aspects of its novel performance
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`pillows.
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`17.
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`Among the patents that Bedgear has been awarded is U.S. Patent No. 8,646,134
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`(“the ’134 Patent”), entitled “Pillow with Gusset of Open Cell Construction.” The ’134 Patent
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`was filed on June 22, 2012 and issued on February 11, 2014.
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`18.
`
`Bedgear is the owner by assignment of the ’134 Patent, with ownership of all
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`substantial rights in the ’134 Patent, including the right to exclude others and to sue and recover
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`damages for the past and future infringement thereof. A true and correct copy of the ’134 Patent
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`is attached hereto as Exhibit A.
`
`19.
`
`The claims of the ’134 Patent are directed to, inter alia, new and improved
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`pillows that support the head and/or neck of a person. For example, certain of these novel
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`pillows include a cover having two opposing panels, a gusset that perimetrically bounds and
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`joins the two panels and is formed of an open cell construction, and a compliant fill material that
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`is disposed within the cover.
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`20.
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`Bedgear’s patents on this technology also include U.S. Patent No. 8,887,332 (“the
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`’332 Patent”), entitled “Pillow with Gusset of Open Cell Construction.” The ’332 Patent was
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`filed on December 16, 2013 and issued on November 18, 2014.
`
`21.
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`Bedgear is the owner by assignment of the ’332 Patent, with ownership of all
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`substantial rights in the ’332 Patent, including the right to exclude others and to sue and recover
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`damages for the past and future infringement thereof. A true and correct copy of the ’332 Patent
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`is attached hereto as Exhibit B.
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`22.
`
`The claims of the ’332 Patent are directed to, inter alia, new and improved
`
`pillows that support the head and/or neck of a person. For example, certain of these novel
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`pillows include two panels that both include an edge defining a perimeter, and a gusset that joins
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`the two panels, which includes a material having greater porosity than a porous material that is
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`included in the two panels.
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`23.
`
`Bedgear’s patents on this technology also include U.S. Patent No. 9,015,883 (“the
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`’883 Patent”), entitled “Pillow with Gusset of Open Cell Construction.” The ’883 Patent was
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`filed on July 10, 2014 and issued on April 28, 2015.
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`24.
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`Bedgear is the owner by assignment of the ’883 Patent, with ownership of all
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`substantial rights in the ’883 Patent, including the right to exclude others and to sue and recover
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`damages for the past and future infringement thereof. A true and correct copy of the ’883 Patent
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`is attached hereto as Exhibit C.
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`25.
`
`The claims of the ’883 Patent are directed to, inter alia, new and improved
`
`pillows that support the head and/or neck of a person. For example, certain of these novel
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`pillows include two panels both of which include an edge defining a perimeter, a gusset that
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`joins the two panels, and an inner cavity that is defined by the inner surfaces of the two panels
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`and the gusset. In certain embodiments, the pillow is configured to have air enter the cavity
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`through pores in the two panels and exit the cavity through pores in the gusset.
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`26.
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`Bedgear’s patents on this technology further include U.S. Patent No. 9,155,408
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`(“the ’408 Patent” and, together with the ’134, ’332, and ’883 Patents, “the Asserted Patents”),
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`entitled “Pillow Protector.” The ’408 Patent was filed on January 10, 2014 and issued on
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`October 13, 2015.
`
`27.
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`Bedgear is the owner by assignment of the ’408 Patent, with ownership of all
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`substantial rights in the ’408 Patent, including the right to exclude others and to sue and recover
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`damages for the past and future infringement thereof. A true and correct copy of the ’408 Patent
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`is attached hereto as Exhibit D.
`
`28.
`
`The claims of the ’408 Patent are directed to, inter alia, new and improved
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`bedding systems and pillow covers for covering and protecting pillows. For example, certain of
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`these novel pillow covers include a first panel, a second panel that is perimetrically joined with
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`the first panel such that their inner surfaces define a cavity, an opening extending through the
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`inner surface and an outer surface of the first panel, a patch covering the opening that is made
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`from a different material than the two panels, and a filter that engages the inner surface of the
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`first panel. In certain embodiments, the opening is positioned between the patch and the filter
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`and the filter includes pores that alternate with pores included in the patch. In certain
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`embodiments, the second panel does not include any openings that are the same size, shape and
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`arrangement as the opening in the first panel.
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`29.
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`The Patent Office examined the Asserted Patents over a period of several years.
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`After this thorough examination, the Patent Office found that the inventions described and
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`claimed in the Asserted Patents are both new and not obvious in light of prior patents,
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`publications, and other references.
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`30.
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`Bedgear filed its initial patent application on this technology on June 22, 2011,
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`and the first of the Asserted Patents, the ’134 Patent issued on February 11, 2014. The
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`applications that issued as the ’332, ’883, and ’408 Patents, were published, and available to the
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`public, on April 10th, October 30th, and July 10th, 2014, respectively.
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`31.
`
`Bedgear began selling performance pillow and pillow cover products that utilize
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`its patented technology in 2011.
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`32.
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`As a result of its proprietary technology and products, Bedgear has become
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`known as the leader in performance pillows and other performance bedding products. Bedgear’s
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`innovative performance pillows have received considerable media attention and industry
`
`recognition, and have achieved significant commercial success.
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`Glideaway’s Infringing Activities
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`33.
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`On information and belief, Defendant Glideaway is a furniture and bedding
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`company, which manufactures, imports, sells, offers for sale, and/or distributes, a range of bed
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`products, including bed frames, mattresses, protectors, and pillows.
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`34.
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`On information and belief, Glideaway was originally focused on developing and
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`selling bed frames and, although it expanded its business in the 1990s to include other bedding
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`products, such as mattresses, and conventional protectors and pillows, it did not offer any
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`performance pillows or other performance bedding products.
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`35.
`
`On information and belief, in or about August 2015, Glideaway introduced and
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`began offering “Sleepharmony Revolution Tech Pillows,” which are described as a collection of
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`pillows that “address[es] a consumer’s need for support, cooling, and comfort benefits” and
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`“feature Feran Ice and breathable Air+ mesh for cooling and breathability.” See
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`http://glideaway.com/in-the-news/glideaway-introduces-newest-additions/. Glideaway continues
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`to sell, offer for sale and distribute these pillow products. These Glideaway products, and any
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`equivalent products under different names are referred to herein as the “Accused Products.”
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`36.
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`On information and belief, rather than pursuing independent product development
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`in connection with this new line of Revolution Tech Pillows, Glideaway deliberately copied
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`Bedgear’s patented technology and products with utter disregard for Bedgear’s intellectual
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`property rights. On information and belief, Glideaway copied and used the same elements and
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`features as Bedgear’s performance pillows, including Bedgear’s patented inventions, and even
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`copied many of the features of the packaging, marketing and advertising materials used by
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`Bedgear in connection with its performance pillows.
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`37.
`
`On information and belief, Glideaway’s infringing Revolution Tech Pillow
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`products include, among other things, pillows having a cover with two or more panels that are
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`joined together by a gusset and an inner cavity that includes a fill material. On information and
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`belief, certain of these infringing products include a gusset that perimetrically bounds two
`
`panels, is made of a material with greater porosity than the panels, and/or has an open cell
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`construction. On information and belief, certain of these infringing products are configured to
`
`allow air to flow into a cavity through pores in the panels and out of the cavity through pores in
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`the gusset. On information and belief, certain of these infringing products include two panels, a
`
`first panel having an opening that is positioned between a patch and a filter, wherein the patch is
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`made from a different material than the panel and includes pores that alternate with pores in the
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`filter, and the second panel does not include any openings that have the same size, shape, and
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`arrangement as the first panel.
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`38.
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`By way of example, on information and belief, these infringing products include
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`Glideaway’s so-called Inspire pillow product, shown below:
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`See http://www.glideaway.com/
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`39.
`
`As stated on Glideaway’s website, the Inspire pillow includes “Premium
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`Ventilated Latex,” and “Feran Ice and Air+ Mesh Panels [with] breathable and wicking fabrics
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`[that] keep you cool and fresh.” See http://glideaway.com/product/inspire/. According to
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`Glideaway’s website, the “Air+ Mesh material, gel-beads and ventilation promote breathability
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`and aid Cooling components.” See http://glideaway.com/products/pillows/revolution-tech-
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`pillows/.
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`40.
`
`On information and belief, Glideaway’s Inspire pillow product includes, among
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`other things, a cover that has two opposing panels both with edges that define a perimeter, a
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`gusset that joins and/or perimetrically bounds the two panels and is formed of an open cell
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`construction and a base material, and an inner cavity defined by inner surfaces of the two panels
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`and the gusset, which includes a fill material. On information and belief, the Inspire pillow
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`allows air to enter the inner cavity through pores in the two panels and exit the inner cavity
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`through pores in the gusset.
`
`41.
`
`As another example, on information and belief, these infringing products also
`
`include Glideaway’s so-called Legend pillow product, shown below:
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`See http://www.glideaway.com/
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`42.
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`Similar to its Inspire product, Glideaway’s website states that the Legend pillow
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`includes “Charcoal Infused Memory Foam,” and “Ventilated, Feran Ice, and Air+ Mesh Panels
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`[with] breathability and wicking fabrics [that] keep you cool and fresh.” See
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`http://glideaway.com/product/legend/.
`
`43.
`
`On information and belief, Glideaway’s Legend pillow product includes, among
`
`other things, a cover that has two opposing panels both with edges that define a perimeter, a
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`gusset that joins the two panels and is formed of an open cell construction and a base material,
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`and an inner cavity defined by inner surfaces of the two panels and the gusset, which includes a
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`fill material. On information and belief, the Legend pillow allows air to enter the inner cavity
`
`through pores in the two panels and exit the inner cavity through pores in the gusset. On
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`information and belief, the Legend pillow further includes an opening extending through inner
`
`and outer surfaces of one of the panels, a patch covering the opening that is made from a
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`different material than the panels, a filter that engages the inner surface of the panel such that the
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`opening is positioned between the patch and the filter and pores in the patch alternate with pores
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`in the filter, and a second panel that does not include any openings with the same size shape and
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`arrangement as the opening in the first panel.
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`44.
`
`Glideaway has not sought permission to use Bedgear’s patented inventions and is
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`not licensed under any of the Asserted Patents. As a result, each instance of Glideaway has
`
`infringed and continues to infringe Bedgear’s patents by making, using, selling, offering for sale
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`or importing its Accused Products and/or having its Accused Products made, sold, offered for
`
`sale, distributed, or imported on its behalf by third parties, such as manufacturers, resellers and
`
`distributors.
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`45.
`
`On information and belief, Glideaway has at all relevant times been aware of
`
`Bedgear’s performance pillow products and patents and chose to disregard and knowingly
`
`infringe Bedgear’s intellectual property rights. At least since the filing date of this complaint,
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`Glideaway has been fully aware of Bedgear’s rights in the Asserted Patents and has continued to
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`act despite an objectively high likelihood that its actions constitute infringement of the Asserted
`
`Patents and knew or should of known of that objectively high risk.
`
`46.
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`Bedgear is forced to file this lawsuit to protect its patented technology and
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`innovations and seek redress for Glideaway’s ongoing, willful infringement.
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`Glideaway’s Infringement Irreparably Harms Bedgear
`
`47.
`
`Bedgear is harmed by Glideaway’s use of Bedgear’s patented technologies in a
`
`way that cannot be remedied by monetary damages alone. Glideaway has received substantial
`
`revenue and increased market share by selling and distributing (and having others sell and
`
`distribute) products that practice the technology described in the ’134, ’332, ’883, and ’408
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`Patents without having to incur the costs of developing or licensing this technology.
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`48.
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`On information and belief, Glideaway’s infringement has caused Bedgear to
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`suffer irreparable harm due to, among other things, lost business opportunities, lost market share,
`
`and price erosion. Even if Glideaway were to subsequently pay past due royalties, lost profits, or
`
`other damages, there is no reason to believe that Glideaway would stop infringing, and it would
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`still enjoy the market share it has developed while infringing upon, the ’134, ’332, ’883, and
`
`’408 Patents. Due to the difficulty in predicting whether, if at all, Bedgear can recover this
`
`market share, Bedgear’s harm cannot be compensated by payment of monetary damages alone.
`
`COUNT I
`(Infringement of U.S. Patent No. 8,646,134)
`
`49.
`
`Bedgear incorporates by reference and realleges the averments set forth in the
`
`preceding paragraphs.
`
`50.
`
`On February 11, 2014, the Patent Office duly and legally issued the ’134 Patent.
`
`Bedgear is the owner, by assignment, of all right, title, and interest in and to the ’134 Patent,
`
`including the right to recover damages for past and future infringement.
`
`51.
`
`Glideaway has infringed and continues to infringe the ’134 Patent in this District
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`and throughout the United States in violation of 35 U.S.C. § 271 by making, using, selling,
`
`offering for sale, importing and/or causing others to make, use, sell, offer for sale and/or import,
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`one or more of the Accused Products that practice one or more claims of the ’134 Patent.
`
`52.
`
`For example, Glideaway has infringed and continues to infringe the ’134 Patent
`
`by making, using, selling, offering for sale, and/or importing its Sleepharmony Revolution Tech
`
`Pillow products, including, but not limited to, its Inspire pillow product, that include each and
`
`every feature recited in at least claims 11, 12, 13, and 15 of the ’134 Patent.
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`53.
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`As a direct and proximate result of Glideaway’s infringement of the ’134 Patent,
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`Bedgear has suffered and continues to suffer damage. Bedgear is entitled to recover damages
`
`from Glideaway to compensate for such infringement, in an amount to be determined at trial.
`
`54.
`
`By notice of this complaint, at least, Glideaway’s ongoing acts of infringement of
`
`the ’134 Patent have been committed and are being committed with full knowledge of Bedgear’s
`
`rights in the ’134 Patent, and Glideaway has acted and is continuing to act despite an objectively
`
`high likelihood that its actions constitute infringement of the ’134 Patent and Glideaway knew or
`
`should of known of that objectively high risk. At least since the filing date of the complaint,
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`Glideaway’s acts constitute willful and deliberate infringement.
`
`55.
`
`To the extent that facts uncovered during discovery show that Glideaway’s past
`
`infringement of the ’134 Patent has been willful, Bedgear reserves the right to seek enhanced
`
`damages under 35 U.S.C. § 284, as well as reasonable attorneys’ fees and costs.
`
`56.
`
`The acts of infringement by Glideaway identified herein have caused and will
`
`continue to cause irreparable injury to Bedgear, for which it has no adequate remedy at law,
`
`unless and until Glideaway is enjoined from further infringement by this Court in accordance
`
`with 35 U.S.C. § 283. Considering the competitive relationship and balance of the hardships
`
`between the parties, a remedy in equity, such as a permanent injunction is warranted and would
`
`be in the public interest.
`
`COUNT II
`(Infringement of U.S. Patent No. 8,887,332)
`
`57.
`
`Bedgear incorporates by reference and realleges the averments set forth in the
`
`preceding paragraphs.
`
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`Case 2:15-cv-06759-KAM-AKT Document 1 Filed 11/24/15 Page 15 of 20 PageID #: 15
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`58.
`
`On November 18, 2014, the Patent Office duly and legally issued the ’332 Patent.
`
`Bedgear is the owner, by assignment, of all right, title, and interest in and to the ’332 Patent,
`
`including the right to recover damages for past and future infringement.
`
`59.
`
`Glideaway has infringed and continues to infringe the ’332 Patent in this District
`
`and throughout the United States in violation of 35 U.S.C. § 271 by making, using, selling,
`
`offering for sale, importing and/or causing others to make, use, sell, offer for sale and/or import,
`
`one or more of the Accused Products that practice one or more claims of the ’332 Patent.
`
`60.
`
`For example, Glideaway has infringed and continues to infringe the ’332 Patent
`
`by making, using, selling, offering for sale, and/or importing its Sleepharmony Revolution Tech
`
`Pillow products, including, but not limited to, its Inspire and Legend pillow products, that
`
`include each and every feature recited in at least claims 1, 6-9, 16, 22, 29, 31, and 34 of the ’332
`
`Patent.
`
`61.
`
`As a direct and proximate result of Glideaway’s infringement of the ’332 Patent,
`
`Bedgear has suffered and continues to suffer damage. Bedgear is entitled to recover damages
`
`from Glideaway to compensate for such infringement, in an amount to be determined at trial.
`
`62.
`
`By notice of this complaint, at least, Glideaway’s ongoing acts of infringement of
`
`the ’332 Patent have been committed and are being committed with full knowledge of Bedgear’s
`
`rights in the ’332 Patent, and Glideaway has acted and is continuing to act despite an objectively
`
`high likelihood that its actions constitute infringement of the ’332 Patent and Glideaway knew or
`
`should of known of that objectively high risk. At least since the filing date of the complaint,
`
`Glideaway’s acts constitute willful and deliberate infringement.
`
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`Case 2:15-cv-06759-KAM-AKT Document 1 Filed 11/24/15 Page 16 of 20 PageID #: 16
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`63.
`
`To the extent that facts uncovered during discovery show that Glideaway’s past
`
`infringement of the ’332 Patent has been willful, Bedgear reserves the right to seek enhanced
`
`damages under 35 U.S.C. § 284, as well as reasonable attorneys’ fees and costs.
`
`64.
`
`The acts of infringement by Glideaway identified herein have caused and will
`
`continue to cause irreparable injury to Bedgear, for which it has no adequate remedy at law,
`
`unless and until Glideaway is enjoined from further infringement by this Court in accordance
`
`with 35 U.S.C. § 283. Considering the competitive relationship and balance of the hardships
`
`between the parties, a remedy in equity, such as a permanent injunction is warranted and would
`
`be in the public interest.
`
`COUNT III
`(Infringement of U.S. Patent No. 9,015,883)
`
`65.
`
`Bedgear incorporates by reference and realleges the averments set forth in the
`
`preceding paragraphs.
`
`66.
`
`On April 28, 2015, the Patent Office duly and legally issued the ’883 Patent.
`
`Bedgear is the owner, by assignment, of all right, title, and interest in and to the ’883 Patent,
`
`including the right to recover damages for past and future infringement.
`
`67.
`
`Glideaway has infringed and continues to infringe the ’883 Patent in this District
`
`and throughout the United States in violation of 35 U.S.C. § 271 by making, using, selling,
`
`offering for sale, importing and/or causing others to make, use, sell, offer for sale and/or import,
`
`one or more of the Accused Products that practice one or more claims of the ’883 Patent.
`
`68.
`
`For example, Glideaway has infringed and continues to infringe the ’883 Patent
`
`by making, using, selling, offering for sale, and/or importing its Sleepharmony Revolution Tech
`
`Pillow products, including, but not limited to, its Inspire and Legend pillow products, that
`
`include each and every feature recited in at least claims 1-10 and 14 of the ’883 Patent.
`
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`Case 2:15-cv-06759-KAM-AKT Document 1 Filed 11/24/15 Page 17 of 20 PageID #: 17
`
`69.
`
`As a direct and proximate result of Glideaway’s infringement of the ’883 Patent,
`
`Bedgear has suffered and continues to suffer damage. Bedgear is entitled to recover damages
`
`from Glideaway to compensate for such infringement, in an amount to be determined at trial.
`
`70.
`
`By notice of this complaint, at least, Glideaway’s ongoing acts of infringement of
`
`the ’883 Patent have been committed and are being committed with full knowledge of Bedgear’s
`
`rights in the ’883 Patent, and Glideaway has acted and is continuing to act despite an objectively
`
`high likelihood that its actions constitute infringement of the ’883 Patent and Glideaway knew or
`
`should of known of that objectively high risk. At least since the filing date of the complaint,
`
`Glideaway’s acts constitute willful and deliberate infringement.
`
`71.
`
`To the extent that facts uncovered during discovery show that Glideaway’s past
`
`infringement of the ’883 Patent has been willful, Bedgear reserves the right to seek enhanced
`
`damages under 35 U.S.C. § 284, as well as reasonable attorneys’ fees and costs.
`
`72.
`
`The acts of infringement by Glideaway identified herein have caused and will
`
`continue to cause irreparable injury to Bedgear, for which it has no adequate remedy at law,
`
`unless and until Glideaway is enjoined from further infringement by this Court in accordance
`
`with 35 U.S.C. § 283. Considering the competitive relationship and balance of the hardships
`
`between the parties, a remedy in equity, such as a permanent injunction is warranted and would
`
`be in the public interest.
`
`COUNT IV
`(Infringement of U.S. Patent No. 9,155,408)
`
`73.
`
`Bedgear incorporates by reference and realleges the averments set forth in the
`
`preceding paragraphs.
`
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`Case 2:15-cv-06759-KAM-AKT Document 1 Filed 11/24/15 Page 18 of 20 PageID #: 18
`
`74.
`
`On October 13, 2015, the Patent Office duly and legally issued the ’408 Patent.
`
`Bedgear is the owner, by assignment, of all right, title, and interest in and to the ’408 Patent,
`
`including the right to recover damages for past and future infringement.
`
`75.
`
`Glideaway has infringed and continues to infringe the ’408 Patent in this District
`
`and throughout the United States in violation of 35 U.S.C. § 271 by making, using, selling,
`
`offering for sale, importing and/or causing others to make, use, sell, offer for sale and/or import,
`
`one or more of the Accused Products that practice one or more claims of the ’408 Patent.
`
`76.
`
`For example, Glideaway has infringed and continues to infringe the ’408 Patent
`
`by making, using, selling, offering for sale, and/or importing its Sleepharmony Revolution Tech
`
`Pillow products, including, but not limited to, its Legend pillow product, that include each and
`
`every feature recited in at least claims 1, 4, 5, 10, and 11 of