` Case 3:17-cv-03518-M Document 1 Filed 12/29/17 Page 1 of 16 PageID 1
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`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`
`
`
`
`
`Civil Action No. 3:17-cv-3518
`
`JURY TRIAL DEMANDED
`
`Plaintiff,
`
`v.
`
`SLEEP NUMBER CORPORATION,
`
`
`
`
`
`SIZEWISE RENTALS, L.L.C.
`
`
`
`
`Defendant.
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Sleep Number Corporation (“Sleep Number”), by and through its undersigned
`
`counsel, files this complaint against Sizewise Rentals, L.L.C. (“Sizewise” or “Defendant”) for
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`infringement of United States Patent Nos. 5,904,172 (“the ’172 patent”), 9,737,154 (“the ’154
`
`patent”), and 8,769,747 (“the ’747 patent”) (collectively, “the patents-in-suit”).
`
`THE PARTIES
`
`Plaintiff
`
`1.
`
`Sleep Number is a Minnesota corporation with a principal place of business at
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`1001 Third Avenue South, Minneapolis, Minnesota 55404.
`2.
`
`Sleep Number is in the business of designing, manufacturing, and selling
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`adjustable air mattress systems, most notably the Sleep Number® bed, and components thereof,
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`including products that practice the patents-in-suit.
`
`Sizewise Rentals, L.L.C.
`
`3.
`
`On information and belief, Defendant Sizewise Rentals, L.L.C. (“Sizewise”) is a
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`Nevada Limited Liability Company organized and existing under the laws of Nevada with a
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`principal place of business at 206 Jefferson Street, Ellis, Kansas 67637. Sizewise may be served
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`via its registered agent for service of process in Texas: Registered Agent Solutions, Inc., 1701
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`Directors Boulevard, Suite 300, Austin, Texas 78744.
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`
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`Sleep Number Corp.
`EXHIBIT 2011
`IPR2019-00500
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`4.
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`On information and belief, Sizewise is in the business of distributing and leasing
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`medical air bed systems and components thereof in the United States.
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`NATURE OF THE ACTION, JURISDICTION, AND VENUE
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`5.
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`Sleep Number brings this action for patent infringement under the patent laws of
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`the United States, 35 U.S.C. § 271 et seq.
`6.
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`This Court has subject matter jurisdiction over the subject matter of this action
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`pursuant to 28 U.S.C. §§ 1331 and 1338(a) because the action arises under the patent laws of the
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`United States.
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`Sizewise
`
`7.
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`This Court has personal jurisdiction over Sizewise at least in part because
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`Sizewise is present in and/or transacts and conducts business in and with residents of this District
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`and the State of Texas. For example, on information and belief, Sizewise has significant
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`operations in Texas and in this District, including a manufacturing and/or distribution facility in
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`Arlington, Texas.
`8.
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`This Court has specific personal jurisdiction over Sizewise pursuant to the Texas
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`Long Arm Statute because, on information and belief, Sizewise, directly or through
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`intermediaries, has conducted and conducts substantial business in this forum, including but not
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`limited to: (i) engaging in at least part of the infringing acts alleged herein; (ii) purposefully and
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`voluntarily placing one or more infringing products into the stream of commerce with the
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`expectation that they will be purchased and/or used by consumers in this forum; and/or
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`(iii) regularly doing or soliciting business or deriving substantial revenue from goods provided to
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`individuals in the State of Texas and in this District. In addition, Sizewise maintains highly
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`interactive and commercial websites, such as http://sizewise.com/, which is accessible to
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`residents of Texas and this District, through which Sizewise promotes its products, including
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`products that infringe the patents-in-suit.
`9.
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`Venue is proper is this District under 28 U.S.C. § 1400(b) for the reasons set forth
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`above. In addition, venue is proper because acts of infringement are occurring in this District
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`and because Sizewise has a regular and established place of business in this District. For
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`example, on information and belief, Sizewise has a manufacturing and/or distribution plant
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`located at 805 Avenue H, E #503, Arlington, Texas 76011.
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`FACTUAL BACKGROUND
`
`Sleep Number
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`10.
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`Sleep Number provides products and services, including air mattress systems,
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`most notably the Sleep Number® bed, and components thereof, including pumps for air
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`mattresses, valve enclosure assemblies, and air bladders to consumers throughout the United
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`States and the world.
`11.
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`Sleep Number’s air mattress systems are market successes. Specifically, Sleep
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`Number’s air mattress systems have significantly changed the specialty sleep industry by
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`providing an alternative to traditional innerspring and foam mattresses, and have repeatedly
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`improved the technology behind air mattresses, transforming them from noisy and uncomfortable
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`substitutes for innerspring or foam mattresses into luxury items that give consumers precise
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`control over the firmness of their mattress.
`12.
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`Sleep Number has invested significantly in the acquisition and maintenance of
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`equipment used to engineer and manufacture the Sleep Number® bed systems. Sleep Number
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`employs thousands of individuals in the United States in relation to the design, engineering,
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`research and development, manufacture, marketing, and sale of the Sleep Number® bed systems.
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`Sleep Number invests substantially in the design, engineering, and research and development of
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`the Sleep Number® bed systems.
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`The Technology At Issue
`
`13.
`
`The technology at issue relates to systems and methods for adjusting the pressure
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`in an air mattress system, and components thereof. Traditional mattresses offer a static level of
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`firmness to consumers, so if the bed is shared, both persons using it must agree on the firmness
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`level. Further, even if the mattress is not shared, some people may wish to adjust the firmness of
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`their mattress periodically, without buying an entirely new mattress. Traditional innerspring and
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`foam mattresses cannot solve this problem; such mattresses have uniform, constant firmness.
`14.
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`An air mattress system, on the other hand, can be designed to allow for
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`individualized comfort sections, which allows those with different firmness preferences to share
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`the same bed without compromising comfort. Further, an air mattress system allows a mattress’s
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`firmness to be changed over time, allowing persons whose desired firmness changes to have, for
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`example, a relatively firm mattress one night and a soft one the next.
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`PATENTS-IN-SUIT
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`15.
`
`On May 18, 1999, the United States Patent & Trademark Office (“PTO”) duly
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`and lawfully issued U.S. Patent No. 5,904,172 (“the ’172 patent”), entitled “Valve Enclosure
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`Assembly.” Sleep Number is the sole owner by assignment of the ’172 patent, a copy of which
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`is attached hereto as Exhibit 1.
`16.
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`The ’172 patent relates generally to an improved valve enclosure assembly. The
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`improved assembly is used with an air mattress system such as the Sleep Number® bed. The
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`’172 patent describes improvements over prior art valve enclosure assemblies that have problems
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`with air leakage due to counter pressure in the air bladder and overheating. The ’172 patent also
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`describes embodiments of a valve enclosure assembly that is able to monitor the pressure inside
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`the air mattress during an inflate/deflate cycle, which prior art valve enclosure assemblies were
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`unable to accomplish. The ’172 patent also describes a method of achieving a desired firmness
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`in an air mattress system through the use of an improved valve enclosure assembly.
`17.
`
`On August 22, 2017, the PTO duly and lawfully issued U.S. Patent No. 9,737,154
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`(“the ’154 patent”), entitled “System and Method for Improved Pressure Adjustment.” Sleep
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`Number is the sole owner by assignment of the ’154 patent, a copy of which is attached hereto as
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`Exhibit 2. The ’154 patent relates generally to a system and method for adjusting the pressure in
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`an air bed.
`18.
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`On July 8, 2014, the PTO duly and lawfully issued U.S. Patent No. 8,769,747
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`(“the ’747 patent”), entitled “System and Method for Improved Pressure Adjustment.” Sleep
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`Number is the sole owner by assignment of the ’747 patent, a copy of which is attached hereto as
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`Exhibit 3. The ’747 patent relates generally to a system and method for adjusting the pressure in
`
`an air bed.
`19.
`
`in-suit.
`20.
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`Sleep Number is the exclusive owner of all rights, title, and interest in the patents-
`
`Sleep Number implements the technology claimed in the patents-in-suit in its
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`Sleep Number® bed systems.
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`DEFENDANT’S KNOWLEDGE OF THE ’172 PATENT AND INFRINGEMENT
`21.
`
`On October 16, 2015, Select Comfort Corporation and Select Comfort SC
`
`Corporation (collectively, “Select Comfort”)1 filed a complaint to institute an investigation in the
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`United States International Trade Commission (“ITC”). Select Comfort alleged that Sizewise
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`infringed the ’172 patent by unlawfully importing certain accused devices into the United States.
`22.
`
`The ITC instituted an investigation on November 20, 2015, Inv. No. 337-TA-971,
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`Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same, to
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`determine inter alia:
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`[W]hether there is a violation of subsection (a)(1)(B) of section 337 in the
`importation into the United States, the sale for importation, or the sale within the
`United States after importation of certain air mattress systems, components
`thereof, and methods of using the same by reason of infringement of one or more
`of claims 2, 6, 9, 12, 16, 20 and 22-241 of the ’172 patent . . .
`
`
`80 Fed. Reg. 72,738 (Nov. 20, 2015).
`23.
`An evidentiary hearing was held on August 8-12, 2016.
`24.
`
`The Administrative Law Judge (“ALJ”) issued an Initial Determination (“ID”)
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`that “Respondents infringe claims 12 and 16 of U.S. Patent No. 5,904,172” and that claims 12
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`and 16 of the ’172 patent are not invalid.
`
`
`1 On October 27, 2017, Select Comfort Corporation amended its articles of incorporation to
`change its name to Sleep Number Corporation.
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`25.
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`Despite finding infringement of Claims 12 and 16 of the ’172 patent by Sizewise,
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`the ALJ additionally found that the domestic industry requirement had not been satisfied and
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`thus, a violation of Section 337 of the Tariff Act had not been established.
`26.
`
`Select Comfort petitioned the ITC to review that aspect of the ALJ’s ID, and the
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`Commission determined to review this portion of the ID, among others. On May 17, 2017, on
`
`review, the Commission reversed the ALJ’s ID that a violation of Section 337 of the Tariff Act
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`had not been established.
`27.
`
`Sizewise also petitioned the ITC to review the ALJ’s determination that claims 12
`
`and 16 of ’172 patent were infringed and that the ’172 patent is not invalid, but the ITC declined
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`to review these aspects of the ID.
`28.
`
`During the Commission’s review of the ALJ’s ID, Sizewise continued to infringe
`
`the ’172 patent, which caused irreparable harm to Sleep Number.
`29.
`
`Sizewise appealed the Commission’s final determination to the Federal Circuit,
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`which the ITC moved to dismiss as moot after the ‘172 patent expired. On December 26, 2017,
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`the Federal Circuit held the appeal was moot in light of the ‘172 patent having expired and
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`remanded to the Commission to address Sizewise’s request to vacate the Commission’s final
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`determination.
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`FIRST CLAIM FOR RELIEF
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`(Infringement of U.S. Patent No. 5,904,172)
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`30.
`
`Sleep Number re-alleges and incorporates by reference the allegations of
`
`paragraphs 1 through 29 of this Complaint as though fully set forth herein.
`31.
`
`By way of assignment, Sleep Number owns all right, title, and interest in the ’172
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`patent, including the exclusive right to seek damages for past infringement thereof. The ’172
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`patent was valid and enforceable at the time of Sizewise’s infringement thereof.
`32.
`
`Sizewise had actual knowledge of its infringement of the ’172 patent at least by
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`prior written notice mailed on October 15, 2015, and/or service of the complaint to institute an
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`investigation in the ITC filed on October 16, 2015.
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`33.
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`Sizewise directly infringed, literally or under the doctrine of equivalents, at least
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`claims 12 and 16 of the ’172 patent by making, using, selling, offering for sale, and/or importing
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`into the United States air mattress bed systems that include assembly components such as an air
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`bladder(s) and an air controller, including but not limited to the Platinum 5000 and Platinum
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`6000 and other versions of those air controllers, (“Accused Products”) in violation of 35 U.S.C. §
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`271(a).
`34.
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`Sizewise directly infringed, literally or under the doctrine of equivalents, at least
`
`claims 12 and 16 of the ’172 patent by making, using, selling, offering for sale, and/or importing
`
`the Accused Products to customers in the United States.
`35.
`
`On information and belief, Sizewise directly infringed, literally or under the
`
`doctrine of equivalents, at least claims 12 and 16 of the ’172 patent by advertising the Accused
`
`Products to customers in the United States. On information and belief, Sizewise directly
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`infringed, literally or under the doctrine of equivalents, at least claims 12 and 16 of the ’172
`
`patent by performing quality control testing of the Accused Products in the United States.
`36.
`
`Sizewise also indirectly infringed at least claims 12 and 16 of the ’172 patent by
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`active inducement under 35 U.S.C. § 271(b) and by contributory infringement under 35 U.S.C.
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`§ 271(c).
`37.
`
`On information and belief, Sizewise induced infringement of at least claims 12
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`and 16 of the ’172 patent in violation of 35 U.S.C. § 271(b), by knowingly encouraging and
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`instructing others, including customers, resellers, and end users, to make, use, sell, or offer to sell
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`the Accused Products in the United States, or to import the Accused Products into the United
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`States, without license or authority from Sleep Number. On information and belief, Sizewise
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`provided instructions to customers, resellers, and end users on how to use and operate the
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`Accused Products. For example, on information and belief, Sizewise provided instructional
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`materials, such as user guides, owner manuals, and similar online resources, on how to use and
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`operate the Accused Products with specific intent of inducing customers, resellers, and end users
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`to infringe at least claims 12 and 16 of the ’172 patent. By providing such instructions, Sizewise
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`knew, or should have known, that its actions actively induced infringement of at least claims 12
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`and 16 of the ’172 patent.
`38.
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`On information and belief, Sizewise contributorily infringed at least claims 12 and
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`16 of the ’172 patent in violation of 35 U.S.C. § 271(c) by selling and offering for sale, in this
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`judicial District and throughout the United States, the Accused Products, which embodied a
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`material component of the inventions claimed in at least claims 12 and 16 the ’172 patent, were
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`known by Sizewise to be especially made or especially adapted for use in infringement of at least
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`claims 12 and 16 of the ’172 patent, and were not staple articles of commerce or commodities
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`suitable for a substantial, non-infringing use. On information and belief, the Accused Products
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`were used to practice the claimed inventions of the ’172 patent and were especially made and
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`designed to infringe at least claims 12 and 16 of the ’172 patent. On information and belief,
`
`there were no substantial non-infringing uses. On information and belief, Sizewise’s actions
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`contributed to the direct infringement of at least claims 12 and 16 of the ’172 patent by others,
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`including customers, resellers, and end users of the Accused Products in violation of 35 U.S.C. §
`
`271(c).
`39.
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`As a result of Sizewise’s infringement of the ’172 patent, Sleep Number was
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`irreparably injured with respect to its business and intellectual property rights, and is entitled to
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`recover damages for such injuries pursuant to 35 U.S.C. § 284 in an amount to be determined at
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`trial.
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`40.
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`On information and belief, Sizewise’s infringement of the ’172 patent was willful
`
`and deliberate. For example, despite having knowledge of the ’172 patent, and knowledge that it
`
`was directly and/or indirectly infringing one or more claims of the ’172 patent, Sizewise
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`nevertheless continued its infringing conduct in an egregious manner. This includes, but is not
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`limited to: (i) Sizewise’s collective willful blindness, including its steadfast refusal to investigate
`
`whether the Accused Products infringed at least claims 12 and 16 of the ’172 patent; and (ii)
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`Sizewise’s active participation as Respondent in the prior ITC Investigation in which it failed to
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`prove that at least claims 12 and 16 of the ’172 patent were invalid and not infringed. For at
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`least these reasons, Sizewise’s infringing activities detailed above were willful, wanton, and
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`deliberate in disregard of Sleep Number’s rights. Accordingly, Sleep Number is entitled to
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`enhanced damages pursuant to 35 U.S.C. § 284 and to an award of attorney’s fees and costs
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`incurred in prosecuting this action pursuant to 35 U.S.C. § 285.
`
`SECOND CLAIM FOR RELIEF
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`(Infringement of U.S. Patent No. 9,737,154)
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`41.
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`Sleep Number re-alleges and incorporates by reference the allegations of
`
`paragraphs 1 through 40 of this Complaint as though fully set forth herein.
`42.
`
`By way of assignment, Sleep Number owns all right, title, and interest in the ’154
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`patent, including the exclusive right to seek damages for past, current, and future infringement
`
`thereof. The ’154 patent is valid and enforceable.
`43.
`
`Sizewise has had actual notice of its infringement of the ’154 patent no later than
`
`the time of service of this Complaint.
`44.
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`Sizewise has directly infringed and continues to directly infringe, literally or
`
`under the doctrine of equivalents, at least claim 1 of the ’154 patent by making, using, selling,
`
`offering for sale, and/or importing into the United States the Accused Products in violation of 35
`
`U.S.C. § 271(a).
`45.
`
`Sizewise has directly infringed and continues to directly infringe, literally or
`
`under the doctrine of equivalents, at least claim 1 of the ’154 patent by making, using, selling,
`
`offering for sale, and/or importing the Accused Products to customers in the United States.
`46.
`
`On information and belief, Sizewise has directly infringed and continues to
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`directly infringe, literally or under the doctrine of equivalents, at least claim 1 of the ’154 patent
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`by advertising the Accused Products to customers in the United States. On information and
`
`belief, Sizewise has directly infringed and continues to directly infringe, literally or under the
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`doctrine of equivalents, at least claim 1 of the ’154 patent by performing quality control testing
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`of the Accused Products in the United States.
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`47.
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`Sizewise has also indirectly infringed and continues to indirectly infringe at least
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`claim 1 of the ’154 patent by active inducement under 35 U.S.C. § 271(b) and by contributory
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`infringement under 35 U.S.C. § 271(c).
`48.
`
`On information and belief, Sizewise has been, and currently is, inducing
`
`infringement of at least claim 1 of the ’154 patent in violation of 35 U.S.C. § 271(b), by
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`knowingly encouraging and instructing others, including customers, resellers, and end users, to
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`make, use, sell, or offer to sell the Accused Products in the United States, or to import the
`
`Accused Products into the United States, without license or authority from Sleep Number. On
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`information and belief, Sizewise provides instructions to customers, resellers, and end users on
`
`how to use and operate the Accused Products. For example, on information and belief, Sizewise
`
`provides instructional materials, such as user guides, owner manuals, and similar online
`
`resources, on how to use and operate the Accused Products with specific intent of inducing
`
`customers, resellers, and end users to infringe at least claim 1 of the ’154 patent. By providing
`
`such instructions, Sizewise knows (and has known), or should know (and should have known),
`
`that its actions have, and continue to, actively induce infringement of at least claim 1 of the ’154
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`patent.
`
`49.
`
`On information and belief, Sizewise has been, and currently is, contributorily
`
`infringing at least claim 1 of the ’154 patent in violation of 35 U.S.C. § 271(c) by selling and
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`offering for sale, in this judicial District and throughout the United States, the Accused Products,
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`which embody a material component of the inventions claimed in at least claim 1 of the ’154
`
`patent, are known by Sizewise to be especially made or especially adapted for use in
`
`infringement of at least claim 1 of the ’154 patent, and are not staple articles of commerce or
`
`commodities suitable for a substantial, non-infringing use. On information and belief, the
`
`Accused Products are used to practice the claimed inventions of the ’154 patent and are
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`especially made and designed to infringe at least claim 1 of the ’154 patent. On information and
`
`belief, there are no substantial non-infringing uses. On information and belief, Sizewise’s
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`actions contribute to the direct infringement of at least claim 1 of the ’154 patent by others,
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`including customers, resellers, and end users of the Accused Products in violation of 35 U.S.C. §
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`271(c).
`50.
`
`Unless enjoined by this Court, Sizewise will continue to infringe at least claim 1
`
`of the ’154 patent, and Sleep Number will continue to suffer irreparable harm for which there is
`
`no adequate remedy at law. Accordingly, Sleep Number is entitled to preliminary and/or
`
`permanent relief against such infringement pursuant to 35 U.S.C. § 283.
`51.
`
`As a result of Sizewise’s infringement of the ’154 patent, Sleep Number has been
`
`and continues to be irreparably injured with respect to its business and intellectual property
`
`rights, and is entitled to recover damages for such injuries pursuant to 35 U.S.C.§ 284 in an
`
`amount to be determined at trial.
`52.
`
`On information and belief, Sizewise’s infringement of the ’154 patent is willful
`
`and deliberate. For example, despite having knowledge of the ’154 patent, and knowledge that it
`
`is directly and/or indirectly infringing at least claim 1 of the ’154 patent, Sizewise has
`
`nevertheless continued its infringing conduct in an egregious manner. For at least these reasons,
`
`Sizewise’s infringing activities detailed above have been, and continue to be, willful, wanton,
`
`and deliberate in disregard of Sleep Number’s rights. Accordingly, Sleep Number is entitled to
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`enhanced damages pursuant to 35 U.S.C. § 284 and to an award of attorney’s fees and costs
`
`incurred in prosecuting this action pursuant to 35 U.S.C. § 285.
`
`THIRD CLAIM FOR RELIEF
`
`(Infringement of U.S. Patent No. 8,769,747)
`
`53.
`
`Sleep Number re-alleges and incorporates by reference the allegations of
`
`paragraphs 1 through 52 of this Complaint as though fully set forth herein.
`54.
`
`By way of assignment, Sleep Number owns all right, title, and interest in the ’747
`
`patent, including the exclusive right to seek damages for past, current, and future infringement
`
`thereof. The ’747 patent is valid and enforceable.
`55.
`
`Sizewise has had actual notice of its infringement of the ’747 patent no later than
`
`the time of service of this Complaint.
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`56.
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`Sizewise has directly infringed and continues to directly infringe, literally or
`
`under the doctrine of equivalents, at least claim 1 of the ’747 patent by making, using, selling,
`
`offering for sale, and/or importing into the United States the Accused Products in violation of 35
`
`U.S.C. § 271(a).
`57.
`
`Sizewise has directly infringed and continues to directly infringe, literally or
`
`under the doctrine of equivalents, at least claim 1 of the ’747 patent by making, using, selling,
`
`offering for sale, and/or importing the Accused Products to customers in the United States.
`58.
`
`On information and belief, Sizewise has directly infringed and continues to
`
`directly infringe, literally or under the doctrine of equivalents, at least claim 1 of the ’747 patent
`
`by advertising the Accused Products to customers in the United States. On information and
`
`belief, Sizewise has directly infringed and continues to directly infringe, literally or under the
`
`doctrine of equivalents, at least claim 1 of the ’747 patent by performing quality control testing
`
`of the Accused Products in the United States.
`59.
`
`Sizewise has also indirectly infringed and continues to indirectly infringe at least
`
`claim 1 of the ’747 patent by active inducement under 35 U.S.C. § 271(b) and by contributory
`
`infringement under 35 U.S.C. § 271(c).
`60.
`
`On information and belief, Sizewise has been, and currently is, inducing
`
`infringement of at least claim 1 of the ’747 patent in violation of 35 U.S.C. § 271(b), by
`
`knowingly encouraging and instructing others, including customers, resellers, and end users, to
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`make, use, sell, or offer to sell the Accused Products in the United States, or to import the
`
`Accused Products into the United States, without license or authority from Sleep Number. On
`
`information and belief, Sizewise provides instructions to customers, resellers, and end users on
`
`how to use and operate the Accused Products. For example, on information and belief, Sizewise
`
`provides instructional materials, such as user guides, owner manuals, and similar online
`
`resources, on how to use and operate the Accused Products with specific intent of inducing
`
`customers, resellers, and end users to infringe at least claim 1 of the ’747 patent. By providing
`
`such instructions, Sizewise knows (and has known), or should know (and should have known),
`
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`that its actions have, and continue to, actively induce infringement of at least claim 1 of the ’747
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`patent.
`
`61.
`
`On information and belief, Sizewise has been, and currently is, contributorily
`
`infringing at least claim 1 of the ’747 patent in violation of 35 U.S.C. § 271(c) by selling and
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`offering for sale, in this judicial District and throughout the United States, the Accused Products,
`
`which embody a material component of the inventions claimed in at least claim 1 of the ’747
`
`patent, are known by Sizewise to be especially made or especially adapted for use in
`
`infringement of at least claim 1 of the ’747 patent, and are not staple articles of commerce or
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`commodities suitable for a substantial, non-infringing use. On information and belief, the
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`Accused Products are used to practice the claimed inventions of the ’747 patent and are
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`especially made and designed to infringe at least claim 1 of the ’747 patent. On information and
`
`belief, there are no substantial non-infringing uses. On information and belief, Sizewise’s
`
`actions contribute to the direct infringement of at least claim 1 of the ’747 patent by others,
`
`including customers, resellers, and end users of the Accused Products in violation of 35 U.S.C. §
`
`271(c).
`62.
`
`Unless enjoined by this Court, Sizewise will continue to infringe at least claim 1
`
`of the ’747 patent, and Sleep Number will continue to suffer irreparable harm for which there is
`
`no adequate remedy at law. Accordingly, Sleep Number is entitled to preliminary and/or
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`permanent relief against such infringement pursuant to 35 U.S.C. § 283.
`63.
`
`As a result of Sizewise’s infringement of the ’747 patent, Sleep Number has been
`
`and continues to be irreparably injured with respect to its business and intellectual property
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`rights, and is entitled to recover damages for such injuries pursuant to 35 U.S.C.§ 284 in an
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`amount to be determined at trial.
`64.
`
`On information and belief, Sizewise’s infringement of the ’747 patent is willful
`
`and deliberate. For example, despite having knowledge of the ’747 patent, and knowledge that it
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`is directly and/or indirectly infringing at least claim 1 of the ’747 patent, Sizewise has
`
`nevertheless continued its infringing conduct in an egregious manner. For at least these reasons,
`
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`Sizewise’s infringing activities detailed above have been, and continue to be, willful, wanton,
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`and deliberate in disregard of Sleep Number’s rights. Accordingly, Sleep Number is entitled to
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`enhanced damages pursuant to 35 U.S.C. § 284 and to an award of attorney’s fees and costs
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`incurred in prosecuting this action pursuant to 35 U.S.C. § 285.
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Sleep Number prays for judgment against Defendant as follows:
`
`A.
`
`A judgment declaring that Defendant has infringed one or more claims of each
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`of the patents-in-suit in this litigation pursuant to 35 U.S.C. §§ 271(a), 271(b), and/or 271(c);
`
`B.
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`A judgment pursuant to 35 U.S.C. § 283, preliminary and permanently enjoining
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`Defendant, its officers, directors, attorneys, agents, servants, employees, parties in privity
`
`with, and all persons in active concert or participation with any of the foregoing, from continued
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`acts of direct or indirect infringement of any claim of the ’154 and ’747 patents;
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`C. A judgment requiring Defendant to make an accounting of damages resulting from
`
`Defendant’s infringement of the patents-in-suit;
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`D. A judgment awarding Sleep Number damages resulting from Defendant’s
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`infringement in accordance with 35 U.S.C. § 284;
`
`E.
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`A judgment that Defendant’s infringement of the patents-in-suit is willful from
`
`the time that Defendant became aware of the infringing nature of the Acc