Professional Documents
Culture Documents
Seville Classics v. Honey-Can-Do - Complaint
Seville Classics v. Honey-Can-Do - Complaint
Seville Classics v. Honey-Can-Do - Complaint
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Defendant.
HONEY-CAN-DO
INTERNATIONAL, LLC, an Illinois
limited liability company,
v.
Plaintiff,
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Seville is the owner of all right, title and interest in the 332 Patent,
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and has been the owner of the 332 Patent since its date of issuance.
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States Patent and Trademark Office. A true and correct copy of the 332 Patent
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allegations set forth in Paragraphs 1-5 above as if set forth fully herein.
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including in this Judicial District, and has committed the acts complained of in
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This action arises under the patent laws of the United States, 35
U.S.C. 100, et seq. Accordingly, this Court has subject matter jurisdiction
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2.
1.
PARTIES
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and 5 of the 332 Patent by making, using, selling, offering for sale, and
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shoe rack under the name Honey Can Do 3 Tier Stackable Shoe Rack. A
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Seville is the owner of all right, title and interest in the D356
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Patent, and has been the owner of the D356 Patent since its date of issuance.
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hereto as Exhibit 3.
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Trademark Office. A true and correct copy of the D356 Patent is attached
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(the D356 Patent) was duly and legally issued by the United States Patent and
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allegations set forth in Paragraphs 1-5 and 9 above as if set forth fully herein.
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35 U.S.C. 285.
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damages under 35 U.S.C. 284 and attorneys fees and non-taxable costs under
of the 332 Patent was and is willful and deliberate, entitling Seville to enhanced
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B.
C.
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other enhancement of the award of damages that the Court deems appropriate;
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A.
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enhanced damages under 35 U.S.C. 284 and attorneys fees and non-taxable
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of the D356 Patent was and is willful and deliberate, entitling Seville to
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D356 Patent by making, using, selling, offering for sale, and importing its 3 Tier
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Dated: August 26, 2016
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proper.
Respectfully submitted,
Such other and further relief as this Court may deem just and
J.
I.
H.
U.S.C. 285;
D356 Patents has been willful, and that this is an exceptional case under 35
G.
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Respectfully submitted,
Seville Classics, Inc. hereby demands a trial by jury on all issues so triable.
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a rear support
having two
vertical bars
and at least
one horizontal
bar extending
between the
vertical bars;
a frame
having:
Claim
Limitations
1. A rack for
holding
articles,
comprising:
The frame has a rear support having two vertical bars and at least one horizontal bar
extending between the vertical bars. As shown in the image below, the frames rear
support comprises two horizontal bars extending between the vertical bars.
The Accused Product is a three-tier storage rack for holding articles, e.g. shoes, as
shown in the image below.
Claim Chart Illustrating Honey-Can-Dos Infringement of Claim 1 of U.S. Pat. No. 9,144,332
Exhibit 2
EXHIBIT 2
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The frame has a left support having a plurality of left support horizontal bars extending
between two left support vertical bars. As shown in the image below, the frames left
support comprises two left support horizontal bars extending between two left support
vertical bars.
The frame has a right support having a plurality of right support horizontal bars
extending between two right support vertical bars. As shown in the image below, the
frames right support comprises two right support horizontal bars extending between
two right support vertical bars.
The left support is pivotably connected to a vertical bar of the rear support. The right
support is pivotably connected to a vertical bar of the rear support. As shown in the
image below, the left and right supports are connected to, and pivot about, the left and
right vertical bars of the rear support.
a left support
having a
plurality of left
support
horizontal
bars
extending
between two
left support
vertical bars;
a right
support
having a
plurality of
right support
horizontal
bars
extending
between two
right support
vertical bars;
wherein the
left support is
pivotably
connected to
one of the
vertical bars
of the rear
support and
the right
support is
pivotably
connected to
the other
vertical bar of
the rear
support;
EXHIBIT 2
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wherein each
second side
has a planar
top surface
and a planar
bottom
surface;
with each
second side
having an
interior
defined by a
first surface
and a second
surface that is
opposite to
the first
surface,
Each second side has a planar top surface and a planar bottom surface.
Second surface
First surface
Each second side has an interior defined by a first surface and a second surface
opposite to the first surface. As shown in the image below, the top and bottom interior
surfaces define the interior of each second side.
First side
Each of the plurality of shelves has an enclosing member consisting of two opposing
first sides connected by two opposing second sides.
an enclosing
frame
member that
has two
opposing first
sides
connected by
two opposing
second sides,
Second side
a plurality of
shelves, each
shelf having:
EXHIBIT 2
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each slat
having a
plurality of
outer
surfaces that
encircle a
cross-section
so that the
cross-section
of each slat is
retained
at least one
slot provided
on each of
the first
surfaces of
the second
sides, each
slot defining
an opening
located
entirely
between the
planar top
surface and
the planar
bottom
surface of the
correspondin
g second
side;
a plurality of
separate
elongated
slats, each
slat having a
length that is
greater than
its width,
Slot
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a connecting
bar that is
connected to
all the slats;
and
inside a slot
of the at least
one slot,
each slat
having
opposing
ends that are
positioned at
opposing
slots at the
second sides
in a manner
such that
each end of
each slat is
retained
inside the
interior of a
correspondin
g second
side,
with the
second
surface
completely
covering the
interior so
that the ends
of the slats
are not visible
from outside
the second
surface;.
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wherein each
of the left
support, the
rear support
and the right
support has
at least one
horizontal bar
that is
positioned at
a vertical
level that is
higher than
the highest
shelf.
at least one
connector for
removably
connecting
one second
side of a shelf
to the left
support, and
another of the
at least one
connector
removably
connects the
other second
side of the
shelf to the
right support;
and
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The shelves have connectors as shown, into which hooks, on the supports, are inserted
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