Select Comfort v. Tempur Sealy International

8/13/2019 Select Comfort v. Tempur Sealy International

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UNITED ST TES DISTRICT COURTDISTRICT OF MINNESOT

Select Comfort Corporation, ourt File No.Plaintiff,

VS OMPL INT

Tempur Sealy International, Inc., d/b/a/ URY TRI L DEM NDEDTempur-Pedic

Defendants.

Plaintiff Select Comfort Corporation ( Select Comfort ) for its Complaint againstDefendant Tempur-Sealy International, Inc. d/b/a Tempur-Pedic ( Tempur-Pedic )states:

N TURE OF THIS CTION1 This is an action arising under the United States Patent Act, 35 U.S.C. 1

et seq. for infringement of Select Comfort's U.S. Patent No. 5,904,172 (the '172Patent ).

THE P RTIES2. Select Comfort is a Minnesota corporation with its principal place of

business in Minnesota. Select Comfort designs, manufactures, and markets unique airbed products, many features of which are protected by the patent laws of the UnitedStates. Select Comfort's Sleep Number beds use uniquely designed air chambers toprovide a gentle cushion of support that can be adjusted to an individual's preference,comfort, and firmness.

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3. Tempur-Pedic is a Delaware corporation, with its principal place ofbusiness in Lexington, Kentucky. According to Tempur-Pedic, it is a leadingmanufacturer, marketer, and distributor of premium mattresses and pillows. Tempur-Pedic markets and sells its products to consumers through multiple channels in the UnitedStates, including online and through bedding retailers and department stores.

JURISDICTION AND VENUE4. This is an action for patent infringement under the Patent Act, 35 U.S.C.

et seq. This Court has original subject matter jurisdiction over this action under 28U.S.C. 1331, 1332, and 1338. Venue lies in this District under 28 U.S.C. 1391 B)and C).

5. This Court has personal jurisdiction over Tempur-Pedic. On informationand belief, Tempur-Pedic has purposefully, continuously, and systematically conductedbusiness in Minnesota by, inter alia advertising, promoting, and selling its beddingproducts in Minnesota. On information and belief, Tempur-Pedic transacts business withMinnesota residents over the internet and through retail outlets, enters into contracts withMinnesota residents, and collects payment for products from Minnesota residents.

GENERAL ALLEGATIONS6. Select Comfort was founded in 1987 in Minneapolis, Minnesota to develop,

manufacture, and sell air beds. The company has grown from having only three retailstores in 1992 to becoming a large and successful manufacturer and retailer with over 375stores across the United States today.

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7. Select Comfort's current line of products represents over 25 years ofresearch and development by the company to improve and revolutionize the way peoplesleep. Select Comfort's air beds come with a firmness control system which allows aperson to wirelessly and easily customize the firmness of the mattress at the touch of abutton. Many of Select Comfort's air beds are available with independent air chambersfor each side of the mattress, allowing customized firmness for each sleep partner.

8. Select Comfort maintains its own research and development departmentand developed its innovative firmness and wireless control system, its improved valveenclosure assembly system, and its sleep surface adjustment system and methods at itsown expense.

9. On May 18, 1999, the United States Patent and Trademark Office issuedthe '172 Patent entitled VALVE ENCLOSURE ASSEMBLY. A copy of the '172Patent is attached as Exhibit 1.

10. A valve enclosure assembly is critical to an adjustable air bed because itprovides a means to adjust the firmness of the bed by adding or subtracting air from theair chamber(s) located inside the bed.

11. The '172 Patent lists James Edwin Gifft and Paul Mahoney as inventors.Mr. Gifft and Mr. Mahoney were Select Comfort employees and assigned all rights, title,and interest in the '172 Patent to Select Comfort.

12. Tempur-Pedic began selling an adjustable air bed known as Tempur-Choicein 2013. The Tempur-Choice bed also allows users to adjust the firmness of their bed by


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inflating or deflating the air chambers. The valve enclosure assembly used to accomplishthis on Tempur-Choice beds infringes the 172 Patent.

13. Tempur-Pedic has had knowledge of the 172 Patent since at least the filingof this complaint.

14. The 172 Patent was subjected to an ex parte re-examination in 2012.Certain claims were confirmed, including claims that cover Tempur-Pedic s valveenclosure assembly. The Ex Parte Reexamination Certificate is attached as Exhibit 2.

CLAIM FOR RELIEF FOR INFRINGEMENT OF THE 172 PATENT15. Select Comfort restates and realleges paragraphs 1 through 13.16. Tempur-Pedic has infringed in the past and continues to infringe the 172

Patent in violation of 35 U.S.C. 271(a) by making, using, selling, offering to sell, and/orimporting a valve enclosure assembly with its Tempur-Choice line of beds, which iscovered by one or more claims of the 172 Patent, and therefore infringes the 172 Patentunder 35 U.S.C. 271(a).

17. Due to Tempur-Pedic s infringement of the 172 Patent, Select Comfort hassuffered and continues to suffer great and irreparable injury, for which it has no adequateremedy at law.

18. Tempur-Pedic s acts of infringement were undertaken without permissionor license from Select Comfort.

PRAYER FOR RELIEFWHEREFORE, Select Comfort requests the following relief:19. A judgment that Tempur-Pedic has infringed the 172 Patent.


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20. Preliminary and permanent injunctions under 35 U.S.C. 283 enjoiningand restraining Tempur-Pedic and all others acting through or in concert with Tempur-Pedic from infringing the '172 Patent.

21. A judgment requiring Tempur-Pedic to pay damages, with interest.22. A judgment requiring Tempur-Pedic to pay all costs and attorneys' fees;

and23. Such further relief as the Court may deem just and proper.

JURY DEMANDPursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Select Comfort

requests a trial by jury on all claims and issues triable by jury.Dated: January 24, 2014 PPENHEIMER WOLFF & DONNELLY LLP

By: s/ Archana NathEdward M. Laine ( 59535)Andrew S. Hansen ( 285894)Samuel R. Hellfeld ( 309954)Archana Nath ( 387662)

Campbell Mithun Tower, Suite 2000222 South Ninth StreetMinneapolis, Minnesota 55402Telephone: (612) 607-7000Fax Telephone: (612) 607-7100ATTORNEYS FOR PLAINTIFF SELECTCOMFORT CORPORATION

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Select Comfort v. Tempur Sealy International

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