This case was last updated from U.S. District Courts on 12/07/2021 at 08:54:22 (UTC).

Raffel Systems LLC v. Bob's Discount Furniture LLC et al

Case Summary

On October 8, 2021, Raffel Systems, LLC (“Raffel” or “Plaintiff”), represented by John C. Scheller of Michael Best & Friedrich LLP, filed an intellectual property lawsuit against Bob’s Discount Furniture, LLC; Macy’s, Inc.; and Costco Wholesale Corporation (collectively, “Defendants”), seeking injunctive relief and damages along with prejudgement and post-judgement interests, as well as other reliefs, for the alleged infringement of the United States Patent owned by the Plaintiff. This case was filed in U.S. District Court in the Eastern District of Wisconsin with Judge William E. Duffin presiding.

The Plaintiff filed this complaint for the alleged infringement of the United States Patent No. 11,089,701 (hereinafter “the ‘701 Patent”) entitled “Lighted Cup Holder for Seating Arrangements” owned by the Plaintiff.

In the complaint, the Plaintiff alleged that, “Upon information and belief, Bobs has infringed (literally and/or under the doctrine of equivalents) and continues to infringe the ‘701 Patent by importing, selling, and/or offering to sell its Expedition furniture collection products including, but not limited to, its Expedition Powered Reclining Sofa and Expedition Powered Reclining Loveseat, each of which are covered by at least claims 9, 10, 11, 12, 14, 15, 16, 17 and 18 of the ‘701 Patent”

The Plaintiff further alleged that, “Upon information and belief, Defendant Bobs has infringed and continues to infringe one or more claims of the ‘701 Patent with knowledge and/or reckless disregard amounting to knowledge of such infringement” and “Upon information and belief, Defendant Bobs, acting alone and/or acting in concert with and through agents and/or intermediaries, have used or sold infringing products within this judicial district and have placed products infringing one or more claims of the ‘701 Patent in the stream of commerce with knowledge that the likely destination of the infringing products is within this judicial district and throughout the United States.”

The Plaintiff also alleged that, “Bobs has been and is currently infringing the ‘701 patent by using, selling, offering for sale and / or importing infringing products within the United States” and “Bobs’ infringement of the ‘701 Patent has been and continues to be willful and deliberate.” The Plaintiff also alleged that, “As a direct and proximate consequence of Bobs’ infringement of the ‘701 Patent, Raffel has suffered, is suffering, and unless enjoined by this Court, will continue to suffer injury for which Raffel is entitled to damages pursuant to 35 U.S.C. § 284 of an amount to be proved at trial.”

Similar allegations have been laid down by the Plaintiff with reference to the alleged infringement of the Patent-in-suit against Defendants Macy’s, Inc. and Costco Wholesale Corporation.

There is one claim of relief laid down by the Plaintiff which is for the alleged infringement of the Patent-in-suit.

In the prayer for relief, the Plaintiff requested the Court for declaratory and injunctive relief along with an award for damages including supplementary damages or profits for any continuing post-verdict infringement by the Defendants for the infringement of the ’701 Patent. The Plaintiff also requested the Court for an order to pay the Plaintiff increased damages up to three times the amount found or assessed, costs and expenses along with pre-judgement and post-judgement interests and attorneys’ fees as well as any other relief the Court deems just.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01167

  • Filing Date:

    10/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

William E Duffin

 

Party Details

Plaintiff

Raffel Systems LLC

Defendants

Bob's Discount Furniture LLC

Macy's Inc

Costco Wholesale Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

John C Scheller

Attorney at Michael Best & Friedrich LLP

1 S Pinckney St - Ste 700, Po Box 1806

Madison, WI 53701-1806

David A Casimir

Attorney at Casimir Jones SC

2275 Deming Way - Ste 310

Middleton, WI 53562

Kenneth M Albridge, III

Attorney at Michael Best & Friedrich LLP

1 S Pinckney St - Ste 700, Po Box 1806

Madison, WI 53701-1806

Tyler J Sisk

Attorney at Casimir Jones SC

2275 Deming Way - Ste 310

Middleton, WI 53562

Defendant Attorneys

Clark Bakewell

Attorney at Mayer Brown LLP

1999 K St Nw

Washington, DC 20006

Gary M Hnath

Attorney at Mayer Brown LLP

1999 K St Nw

Washington, DC 20006

Hao Tan

Attorney at Arch & Lake LLP

203 N Lasalle St - Ste 2100

Chicago, IL 60601

Jennifer L Gregor

Attorney at Godfrey & Kahn SC

1 E Main St - Ste 500, Po Box 2719

Madison, WI 53701-2719

Matthew M Wuest

Attorney at Godfrey & Kahn SC

833 E Michigan St - Ste 1800

Milwaukee, WI 53202-5615

Michael Louis Lindinger

Attorney at Mayer Brown LLP

1999 K St Nw

Washington, DC 20006

 

Court Documents

#12

(#12) NOTICE of Appearance by Hao Tan on behalf of All Defendants. Attorney(s) appearing: Hao Tan (Tan, Hao)

#11

(#11) NOTICE of Appearance by Michael Louis Lindinger on behalf of Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. Attorney(s) appearing: Michael L. Lindinger (Lindinger, Michael)

#10

(#10) NOTICE of Appearance by Gary M Hnath on behalf of Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. Attorney(s) appearing: Gary M. Hnath (Hnath, Gary)

#9

(#9) NOTICE of Appearance by Clark Bakewell on behalf of Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. Attorney(s) appearing: Clark S. Bakewell (Bakewell, Clark)

#8

(#8) NOTICE of Appearance by Matthew M Wuest on behalf of All Defendants. Attorney(s) appearing: Matthew M. Wuest (Wuest, Matthew)

7 #1

Text of Proposed Order re Stipulated Motion for Extension of Time to Answer or O

#7

(#7) Stipulated MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. (Attachments: #1 Text of Proposed Order re Stipulated Motion for Extension of Time to Answer or Otherwise Respond to Complaint)(Gregor, Jennifer)

#6

(#6) NOTICE of Appearance by Jennifer L Gregor on behalf of Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. Attorney(s) appearing: Jennifer L. Gregor (Gregor, Jennifer)

5 #1

Text of Proposed Order

#5

(#5) MOTION to Re-Assign Case by Raffel Systems LLC. (Attachments: #1 Text of Proposed Order)(Scheller, John)

4 #2

Summons Amended Summons - Macy's, Inc.

4 #1

Summons Amended Summons - Costco Wholesale Corporation

#4

(#4) REQUEST for Issuance of Summons by Raffel Systems LLC (Attachments: #1 Summons Amended Summons - Costco Wholesale Corporation, #2 Summons Amended Summons - Macy's, Inc.)(Scheller, John)

#3

(#3) Report to the Commissioner of Patents and Trademarks (mlm)

#2

1 #10

Summons Summons - Macy's, Inc.

1 #9

Summons Summons - Bob's Discount Furniture, LLC

1 #5

Exhibit 5 - Macy's claim chart

19 More Documents Available
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Docket Entries

  • 11/23/2021
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  • Docket(#13) TEXT ONLY ORDER : The court finding good cause, the parties' stipulated motion for an extension of time (ECF No. #7 ) is granted. The defendants may answer or otherwise respond to plaintiff's complaint no later than December 22, 2021. Signed by Magistrate Judge William E Duffin on 11/23/2021 (cc: all counsel)(mlm)

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  • 11/17/2021
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  • Docket(#12) NOTICE of Appearance by Hao Tan on behalf of All Defendants. Attorney(s) appearing: Hao Tan (Tan, Hao)

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  • 11/17/2021
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  • Docket(#11) NOTICE of Appearance by Michael Louis Lindinger on behalf of Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. Attorney(s) appearing: Michael L. Lindinger (Lindinger, Michael)

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  • 11/17/2021
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  • Docket(#10) NOTICE of Appearance by Gary M Hnath on behalf of Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. Attorney(s) appearing: Gary M. Hnath (Hnath, Gary)

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  • 11/17/2021
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  • Docket(#9) NOTICE of Appearance by Clark Bakewell on behalf of Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. Attorney(s) appearing: Clark S. Bakewell (Bakewell, Clark)

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  • 11/16/2021
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  • Docket(#8) NOTICE of Appearance by Matthew M Wuest on behalf of All Defendants. Attorney(s) appearing: Matthew M. Wuest (Wuest, Matthew)

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  • 11/16/2021
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  • Docket(#7) Stipulated MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. (Attachments: #1 Text of Proposed Order re Stipulated Motion for Extension of Time to Answer or Otherwise Respond to Complaint)(Gregor, Jennifer)

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  • 11/16/2021
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  • Docket(#6) NOTICE of Appearance by Jennifer L Gregor on behalf of Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. Attorney(s) appearing: Jennifer L. Gregor (Gregor, Jennifer)

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  • 11/02/2021
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  • Docket(#5) MOTION to Re-Assign Case by Raffel Systems LLC. (Attachments: #1 Text of Proposed Order)(Scheller, John)

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  • 11/01/2021
  • DocketNOTICE from the clerk to Plaintiff requesting that the Consent/Refusal form to Magistrate Judge William E. Duffin be filed within 10 days; the form is available #here. (mlm)

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  • 11/01/2021
  • DocketSummons Re-Issued as to Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. (mlm)

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  • 10/28/2021
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  • Docket(#4) REQUEST for Issuance of Summons by Raffel Systems LLC (Attachments: #1 Summons Amended Summons - Costco Wholesale Corporation, #2 Summons Amended Summons - Macy's, Inc.)(Scheller, John)

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  • 10/13/2021
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  • Docket(#3) Report to the Commissioner of Patents and Trademarks (mlm)

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  • 10/13/2021
  • DocketSummons Issued as to Bob's Discount Furniture LLC, Costco Wholesale Corporation, Macy's Inc. (mlm)

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  • 10/08/2021
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  • Docket(#2) DISCLOSURE Statement by Raffel Systems LLC. (Scheller, John)

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  • 10/08/2021
  • DocketNOTICE Regarding assignment of this matter to Magistrate Judge William E Duffin; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl)

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  • 10/08/2021
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  • Docket(#1) COMPLAINT with Jury Demand; against All Defendants by Raffel Systems LLC. ( Filing Fee PAID $402 receipt number AWIEDC-3943105) (Attachments: #1 Exhibit 1 - U.S. Patent 11,089,701, #2 Exhibit 2 - BDF infringing products, #3 Exhibit 3 - BDF claim chart, #4 Exhibit 4 - Macy's infringing products, #5 Exhibit 5 - Macy's claim chart, #6 Exhibit 6 - Costco infringing products, #7 Exhibit 7 - Costco claim chart, #8 Civil Cover Sheet, #9 Summons Summons - Bob's Discount Furniture, LLC, #10 Summons Summons - Macy's, Inc., #11 Summons Summons - Costco Wholesale Corporation)(Scheller, John)

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