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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Pending - Other Pending
William E Duffin
Raffel Systems LLC
Bob's Discount Furniture LLC
Costco Wholesale Corporation
John C Scheller
Attorney at Michael Best & Friedrich LLP
1 S Pinckney St - Ste 700, Po Box 1806
Madison, WI 53701-1806
Exhibit 1 - U.S. Patent 11,089,701
Exhibit 2 - BDF infringing products
Exhibit 3 - BDF claim chart
Exhibit 4 - Macy's infringing products
Exhibit 5 - Macy's claim chart
Exhibit 6 - Costco infringing products
Exhibit 7 - Costco claim chart
Civil Cover Sheet
Summons Summons - Bob's Discount Furniture, LLC
Summons Summons - Macy's, Inc.
Summons Summons - Costco Wholesale Corporation
Docket(#2) DISCLOSURE Statement by Raffel Systems LLC. (Scheller, John)Read MoreRead Less
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)Read MoreRead Less
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)Read MoreRead Less
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