Professional Documents
Culture Documents
Defendants.
This is an action for infringement of United States Design Patent Nos. D712,670
(the 670 patent), D737,058 (the 058 patent), D737,576 (the 576 patent), D737,577 (the
577 patent), D738,630 (the 630 patent), and D713,154 (the 154 patent) (collectively, the
Asserted Patents) under 35 U.S.C. 1 et seq. On information and belief, Defendants
Wilsonart and Dorado make, use, sell and/or offer to sell or import into the United States certain
products (referred to herein as the Accused Products) that embody Cambrias patented designs.
THE PARTIES
2.
Minnesota with its principal place of business at 805 Enterprise Drive East, Suite H, Belle
Plaine, Minnesota, 56011.
3.
Cambria owns all rights and title in and to each of the Asserted Patents, including
the right to sue for all infringement thereof, including past infringement.
4.
organized under the laws of Delaware with its principal place of business at 2501 Wilsonart Dr.,
Temple, Texas, 76504.
5.
organized under the laws of Colorado with its principal place of business at 940 S. Jason St. Unit
9, Denver, Colorado, 80223.
JURISDICTION AND VENUE
6.
This action for design patent infringement arises under the Patent Laws of the
This civil action asserts claims arising under the Patent Laws of the United States,
35 U.S.C. 1 et seq. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and
1338(a).
8.
This Court has personal jurisdiction over Defendants Wilsonart and Dorado for at
with this forum such that the exercise of jurisdiction over them would not offend traditional
notions of fair play and substantial justice;
b.
in Minnesota, including but not limited to sale of the Accused Products. On information and
belief, Defendants Wilsonart and Dorado sell the Accused Products in the State of Minnesota
through company-owned and independent Minnesota distributors;
c.
into contracts with one or more Minnesota residentsspecifically, distributors and dealersto
supply products or services within the State of Minnesota; and
d.
As such, upon information and belief, Defendants Wilsonart and Dorado have
intended to benefit by doing business in the State of Minnesota, and personal jurisdiction over
them is appropriate.
10.
Venue is proper in this Judicial District under 28 U.S.C. 1391(b) and (c) and
1400(b), at least because Defendants Wilsonart and Dorado have committed acts of
infringement in this district and Cambria has suffered harm resulting from that infringement in
this district.
BACKGROUND OF THE ACTION
11.
in quartz stone products. Founded in 2000, Cambria has been at the forefront of the rapidlydeveloping United States market for quartz surface products. Cambrias quartz surface product
success has attracted numerous competitors to the marketplace, including Defendants Wilsonart
and Dorado.
12.
Upon information and belief, Defendants Wilsonart and Dorado make, use, sell
and/or offer to sell or import into the United States quartz surface products. Many of those
products embody Cambrias innovative designs, which are protected under Cambrias U.S.
design patents. Cambria owns all rights, title and interests in and to the Asserted Patents,
including the rights to recover for past, present, and future infringements and violations thereof.
By virtue of the activities set forth above, Defendants Wilsonart and Dorado infringe one or
more designs claimed in the Asserted Patents.
13.
Before launching its collection of quartz surface products in early 2015, Wilsonart
was a distributor of Cambria products for several years and had been in talks with Cambria
regarding a potential business relationship under which Cambria would manufacture and sell
quartz to Wilsonart for distribution under a Wilsonart brand. That relationship did not come to
fruition, however, and Wilsonart chose instead to end its distribution relationship with Cambria
and import and distribute quartz products manufactured by foreign suppliersmany of them
knock-offs of designs claimed in one or more of the Asserted Patents.
14.
Rather than develop its own novel designs, Wilsonart and its supplier(s) elected to
produce knock-offs of Cambrias patented designs, including at least those covered by the 670
patent, the 058 patent, the 576 patent, the 577 patent, and the 630 patent. Cambria informed
Wilsonart of its infringement of Cambrias intellectual property rights, including by a November
19, 2015 letter requesting that Wilsonart cease and desist from importing and selling quartz
products that infringe Cambrias intellectual property rights. The letter specifically identified
Wilsonarts Arno, Aurora, Badaling, Murren, and Santiago designs, among others, as
infringing Cambrias intellectual property rights. However, Wilsonart has continued to make,
use, sell, import, and/or offer to sell quartz products, including at least its Arno, Aurora,
Badaling, Murren, and Santiago designs, each of which infringes of the Asserted Patents.
15.
154 patent. However, Dorado has continued to make, use, sell, import, and/or offer to sell
quartz products, including at least its Nustone Tundra design, that infringe one or more of the
Asserted Patents.
Cambria is the lawful owner of the 670 patent, entitled Portion of a Slab. The
United States Patent and Trademark Office duly and legally issued the 670 patent on September
9, 2014. A true and correct copy of the 670 patent is attached to this Complaint as Exhibit A.
18.
On information and belief, Defendant Wilsonart has actual knowledge of the 670
patent, at least by virtue of the filing of this Complaint. In addition, Cambria informed Wilsonart,
via a November 19, 2014 cease and desist letter, that it was infringing several of the Asserted
Patents. The letter specifically identified Wilsonarts Arno, Aurora, Badaling, Murren,
and Santiago as infringing product designs. Yet, Wilsonart has continued to make, use, sell,
offer to sell, and import those products.
19.
infringing the design claimed in the 670 patent by making, using, offering for sale, and/or
selling within or importing into the United States, without authority, products embodying the
patented design claimed in the 670 patent. Specifically, Wilsonarts Arno products directly
infringe the 670 patent because an ordinary observer, giving such attention as a purchaser
usually gives, would be deceived by the substantial similarity between the designs so as to be
induced to purchase Wilsonarts Arno products believing them to be the same as the design
embodied and claimed in the 670 patent. Review of Wilsonarts Arno products demonstrates
that the products literally infringe the 670 patent:
20.
Wilsonart has actively induced and continues to induce direct infringement of the 670 patent by
others by, among other things, providing third parties, such as distributors and dealers, with the
Accused Products.
21.
Wilsonart has contributed and continues to contribute to the others infringement of the 670
patent by, among other things, providing third parties, such as distributors and dealers, with the
Accused Products.
22.
Cambria has suffered and will continue to suffer damage due to Defendant
Wilsonarts infringement of the 670 patent. Thus, under 35 U.S.C. 289, Cambria is entitled to
recover damages adequate to compensate for such infringement, including a recovery of
6
Defendant Wilsonarts total profits derived from its unlawful conduct alleged herein or lost
profits, but in no event less than a reasonable royalty for infringing the 670 patent, together with
interest and costs fixed by this Court.
23.
infringement of the 670 patent or, at the very least, a reckless disregard for Cambrias patent
rights. Defendant Wilsonarts continued infringement following notice of the 670 patent claims
qualifies as willful, and Cambria is entitled to treble damages, attorneys fees, and costs incurred
in this action, along with prejudgment interest under 35 U.S.C. 284, 285.
24.
from further infringing the 670 patent. Defendant Wilsonarts infringement of the 670 patent
has caused and will continue to cause irreparable harm to Cambria that will continue unless and
until it is enjoined by this Court.
COUNT II: INFRINGEMENT OF U.S. DESIGN PATENT NO. D737,058
(WILSONART)
25.
Cambria is the lawful owner of the 058 patent, entitled Portion of a Slab. The
058 Patent was duly and legally issued by the United States Patent and Trademark Office on
August 25, 2015. A true and correct copy of the 058 patent is attached to this Complaint as
Exhibit B.
27.
On information and belief, Defendant Wilsonart has actual knowledge of the 058
patent, at least by virtue of the filing of this Complaint. In addition, Cambria informed Wilsonart,
via a November 19, 2014 cease and desist letter, that it was infringing several of the Asserted
Patents. The letter specifically identified Wilsonarts Arno, Aurora, Badaling, Murren,
7
and Santiago as infringing product designs. Yet, Wilsonart has continued to make, use, sell,
offer to sell, and import those products.
28.
infringing the design claimed in the 058 patent by making, using, offering for sale, and/or
selling within or importing into the United States, without authority, products embodying the
patented design claimed in the 058 patent. Specifically, Wilsonarts Aurora products directly
infringe the 058 patent because an ordinary observer, giving such attention as a purchaser
usually gives, would be deceived by the substantial similarity between the designs so as to be
induced to purchase Wilsonarts Aurora products believing them to be the same as the design
embodied and claimed in the 058 patent. Review of Wilsonarts Aurora products
demonstrates that the products literally infringe the 058 patent:
Photograph Comparing Color Photograph Submitted to the USPTO for
U.S. Design Patent No. D737,058 (left) to Physical Sample of Accused
Wilsonart Aurora Product (right)
29.
Wilsonart has actively induced and continues to induce direct infringement of the 058 patent by
others by, among other things, providing third parties, such as distributors and dealers, with the
Accused Products.
30.
Wilsonart has contributed and continues to contribute to the others infringement of the 058
patent by, among other things, providing third parties, such as distributors and dealers, with the
Accused Products.
31.
Cambria has suffered and will continue to suffer damage due to Defendant
Wilsonarts infringement of the 058 patent. Thus, under 35 U.S.C. 289, Cambria is entitled to
recover damages adequate to compensate for such infringement, including a recovery of
Defendant Wilsonarts total profits derived from its unlawful conduct alleged herein or lost
profits, but in no event less than a reasonable royalty for infringing the 058 patent, together with
interest and costs fixed by this Court.
32.
infringement of the 058 patent or, at the very least, a reckless disregard for Cambrias patent
rights. Defendant Wilsonarts continued infringement following notice of the 058 patent claims
qualifies as willful, and Cambria is entitled to treble damages, attorneys fees, and costs incurred
in this action, along with prejudgment interest under 35 U.S.C. 284, 285.
33.
from further infringing the 058 patent. Defendant Wilsonarts infringement of the 058 patent
has caused and will continue to cause irreparable harm to Cambria that will continue unless and
until it is enjoined by this Court.
Cambria is the lawful owner of 576 patent, entitled Portion of a Slab. The 576
patent was duly and legally issued by the United States Patent and Trademark Office on
September 1, 2015. A true and correct copy of the 576 patent is attached to this Complaint as
Exhibit C.
36.
On information and belief, Defendant Wilsonart has actual knowledge of the 576
patent, at least by virtue of the filing of this Complaint. In addition, Cambria informed Wilsonart,
via a November 19, 2014 cease and desist letter, that it was infringing several of the Asserted
Patents. The letter specifically identified Wilsonarts Arno, Aurora, Badaling, Murren,
and Santiago as infringing product designs. Yet, Wilsonart has continued to make, use, sell,
offer to sell, and import those products.
37.
infringing the design claimed in the 576 patent by making, using, offering for sale, and/or
selling within or importing into the United States, without authority, products embodying the
patented design claimed in the 576 patent. Specifically, Wilsonarts Badaling products
directly infringe the 576 patent because an ordinary observer, giving such attention as a
purchaser usually gives, would be deceived by the substantial similarity between the designs so
as to be induced to purchase Wilsonarts Badaling products believing them to be the same as
the design embodied and claimed in the 576 patent. Review of Wilsonarts Badaling products
demonstrates that the products literally infringe the 576 patent:
10
38.
Wilsonart has actively induced and continues to induce direct infringement of the 576 patent by
others by, among other things, providing third parties, such as distributors and dealers, with the
Accused Products.
39.
Wilsonart has contributed and continues to contribute to the others infringement of the 576
patent by, among other things, providing third parties, such as distributors and dealers, with the
Accused Products.
40.
Cambria has suffered and will continue to suffer damage due to Defendant
Wilsonarts infringement of the 576 patent. Thus, under 35 U.S.C. 289, Cambria is entitled to
recover damages adequate to compensate for such infringement, including a recovery of
11
Defendant Wilsonarts total profits derived from its unlawful conduct alleged herein or lost
profits, but in no event less than a reasonable royalty for infringing the 576 patent, together with
interest and costs fixed by this Court.
41.
infringement of the 576 patent or, at the very least, a reckless disregard for Cambrias patent
rights. Defendant Wilsonarts continued infringement following notice of the 576 patent claims
qualifies as willful, and Cambria is entitled to treble damages, attorneys fees, and costs incurred
in this action, along with prejudgment interest under 35 U.S.C. 284, 285.
42.
from further infringing the 576 patent. Defendant Wilsonarts infringement of the 576 patent
has caused and will continue to cause irreparable harm to Cambria that will continue unless and
until it is enjoined by this Court.
COUNT IV: INFRINGEMENT OF U.S. DESIGN PATENT NO. D737,577
(WILSONART)
43.
Cambria is the lawful owner of the 577 patent, entitled Portion of a Slab. The
577 patent was duly and legally issued by the United States Patent and Trademark Office on
September 1, 2015. A true and correct copy of the 577 patent is attached to this Complaint as
Exhibit D.
45.
On information and belief, Defendant Wilsonart has actual knowledge of the 577
patent, at least by virtue of the filing of this Complaint. In addition, Cambria informed Wilsonart,
via a November 19, 2014 cease and desist letter, that it was infringing several of the Asserted
Patents. The letter specifically identified Wilsonarts Arno, Aurora, Badaling, Murren,
12
and Santiago as infringing product designs. Yet, Wilsonart has continued to make, use, sell,
offer to sell, and import those products.
46.
infringing the design claimed in the 577 patent by making, using, offering for sale, and/or
selling within or importing into the United States, without authority, products embodying the
patented design claimed in the 577 patent. Specifically, Wilsonarts Santiago products
directly infringe the 577 patent because an ordinary observer, giving such attention as a
purchaser usually gives, would be deceived by the substantial similarity between the designs so
as to be induced to purchase Wilsonarts Santiago products believing them to be the same as
the design embodied and claimed in the 577 patent. Review of Wilsonarts Santiago products
demonstrates that the products literally infringe the 576 patent:
Photograph Comparing Color Photograph Submitted to the USPTO for
U.S. Design Patent No. D737,577 (left) to Physical Sample of Accused
Wilsonart Santiago Product (right)
13
47.
Wilsonart has actively induced and continues to induce direct infringement of the 577 patent by
others by, among other things, providing third parties, such as distributors and dealers, with the
Accused Products.
48.
Wilsonart has contributed and continues to contribute to the others infringement of the 577
patent by, among other things, providing third parties, such as distributors and dealers, with the
Accused Products.
49.
Cambria has suffered and will continue to suffer damage due to Defendant
Wilsonarts infringement of the 577 patent. Thus, under 35 U.S.C. 289, Cambria is entitled to
recover damages adequate to compensate for such infringement, including a recovery of
Defendant Wilsonarts total profits derived from its unlawful conduct alleged herein or lost
profits, but in no event less than a reasonable royalty for infringing the 577 patent, together with
interest and costs fixed by this Court.
50.
infringement of the 577 patent or, at the very least, a reckless disregard for Cambrias patent
rights. Defendant Wilsonarts continued infringement following notice of the 577 patent claims
qualifies as willful, and Cambria is entitled to treble damages, attorneys fees, and costs incurred
in this action, along with prejudgment interest under 35 U.S.C. 284, 285.
51.
from further infringing the 577 patent. Defendant Wilsonarts infringement of the 577 patent
has caused and will continue to cause irreparable harm to Cambria that will continue unless and
until it is enjoined by this Court.
14
Cambria is the lawful owner of the 630 patent, entitled Portion of a Slab. The
630 patent was duly and legally issued by the United States Patent and Trademark Office on
September 15, 2015. A true and correct copy of the 630 patent is attached to this Complaint as
Exhibit E.
54.
On information and belief, Defendant Wilsonart has actual knowledge of the 630
patent, at least by virtue of the filing of this Complaint. In addition, Cambria informed Wilsonart,
via a November 19, 2014 cease and desist letter, that it was infringing several of the Asserted
Patents. The letter specifically identified Wilsonarts Arno, Aurora, Badaling, Murren,
and Santiago as infringing product designs. Yet, Wilsonart has continued to make, use, sell,
offer to sell, and import those products.
55.
infringing the design claimed in the 630 patent by making, using, offering for sale, and/or
selling within or importing into the United States, without authority, products embodying the
patented design claimed in the 630 patent. Specifically, Wilsonarts Murren products directly
infringe the 630 patent because an ordinary observer, giving such attention as a purchaser
usually gives, would be deceived by the substantial similarity between the designs so as to be
induced to purchase Wilsonarts Murren products believing them to be the same as the design
embodied and claimed in the 630 patent. Review of Wilsonarts Murren products
demonstrates that the products literally infringe the 630 patent:
15
56.
Wilsonart has actively induced and continues to induce direct infringement of the 630 patent by
others by, among other things, providing third parties, such as distributors and dealers, with the
Accused Products.
57.
Wilsonart has contributed and continues to contribute to the others infringement of the 630
patent by, among other things, providing third parties, such as distributors and dealers, with the
Accused Products.
58.
Cambria has suffered and will continue to suffer damage due to Defendant
Wilsonarts infringement of the 630 patent. Thus, under 35 U.S.C. 289, Cambria is entitled to
recover damages adequate to compensate for such infringement, including a recovery of
16
Defendant Wilsonarts total profits derived from its unlawful conduct alleged herein or lost
profits, but in no event less than a reasonable royalty for infringing the 630 patent, together with
interest and costs fixed by this Court.
59.
infringement of the 630 patent or, at the very least, a reckless disregard for Cambrias patent
rights. Defendant Wilsonarts continued infringement following notice of the 630 patent claims
qualifies as willful, and Cambria is entitled to treble damages, attorneys fees, and costs incurred
in this action, along with prejudgment interest under 35 U.S.C. 284, 285.
60.
from further infringing the 630 patent. Defendant Wilsonarts infringement of the 630 patent
has caused and will continue to cause irreparable harm to Cambria that will continue unless and
until it is enjoined by this Court.
COUNT VI: INFRINGEMENT OF U.S. DESIGN PATENT NO. D713,154
(DORADO)
61.
Cambria is the lawful owner of the 154 patent, entitled Portion of a Slab. The
154 patent was duly and legally issued by the United States Patent and Trademark Office on
September 11, 2014. A true and correct copy of the 154 patent is attached to this Complaint as
Exhibit F.
63.
On information and belief, Defendant Dorado has actual knowledge of the 154
patent, at least by virtue of the filing of this Complaint. In addition, Cambria sent Dorado a letter
on Mary 22, 2015, informing it of its infringement. Dorado, however, has continued to make,
17
use, offer to sell, and/or sell in or import into the United States quartz surface products that
infringe the 154 patent.
64.
On information and belief, Defendant Dorado has been and currently is infringing
the design claimed in the 154 patent by making, using, offering for sale, and/or selling within or
importing into the United States, without authority, products embodying the patented design
claimed in the 154 patent.
65.
On information and belief, Defendant Dorado has been and currently is infringing
the design claimed in the 154 patent by making, using, offering for sale, and/or selling within or
importing into the United States, without authority, products embodying the patented design
claimed in the 154 patent. Specifically, Dorados Tundra products directly infringe the 154
patent because an ordinary observer, giving such attention as a purchaser usually gives, would be
deceived by the substantial similarity between the designs so as to be induced to purchase
Dorados Tundra products believing them to be the same as the design embodied and claimed
in the 154 patent. Review of Dorados Tundra products demonstrates that the products
literally infringe the 154 patent:
18
66.
On information and belief, with knowledge of the 154 patent, Defendant Dorado
has actively induced and continues to induce direct infringement of the 154 patent by others by,
among other things, providing third parties, such as distributors and dealers, with the Accused
Products.
67.
On information and belief, with knowledge of the 154 patent, Defendant Dorado
has contributed and continues to contribute to the others infringement of the 154 patent by,
among other things, providing third parties, such as distributors and dealers, with the Accused
Products.
68.
Cambria has suffered and will continue to suffer damage due to Defendant
Dorados infringement of the 154 patent. Thus, under 35 U.S.C. 289, Cambria is entitled to
19
infringement of the 154 patent or, at the very least, a reckless disregard for Cambrias patent
rights. Defendant Dorados continued infringement following notice of the 154 patent claims
qualifies as willful, and Cambria is entitled to treble damages, attorneys fees, and costs incurred
in this action, along with prejudgment interest under 35 U.S.C. 284, 285.
70.
further infringing the 154 patent. Defendant Dorados infringement of the 154 patent has
caused and will continue to cause irreparable harm to Cambria that will continue unless and until
it is enjoined by this Court.
EXCEPTIONAL CASE
71.
72.
infringed the 670 patent, the 058 patent, the 576 patent, the 577 patent, and the 630 patent;
b.
infringement of the 670 patent, the 058 patent, the 576 patent, the 577 patent, and the 630
patent;
20
c.
to the infringement of the 670 patent, the 058 patent, the 576 patent, the 577 patent, and the
630 patent;
d.
meaning of 35 U.S.C. 285, and an award to Cambria of its reasonable attorneys fees,
expenses, and costs incurred in this action;
h.
their officers, directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries,
parents, and all others acting in active concert or participation with them, from infringing,
inducing the infringement of, or contributing to the infringement of the Asserted Patents;
i.
Cambria the extent of Defendants total profit and revenue realized and derived from their
infringement of the Assert Patents, and actual damages in an amount not less than a reasonable
royalty for Defendants infringement;
j.
An award of enhanced damages not less than three times the damages
assessed for Defendants infringement of the Asserted Patents, in accordance with 35 U.S.C.
284; and
21
k.
Any and all relief as this Court deems proper and just.
DEMAND FOR JURY TRIAL
73.
22
D 7569718
By Authority of the
Under Secretary of Commerce for Intellectual Property
and Director of the United S~(fl~P~f,~t and Tra~iernark Office
/SY,~7IA
?_LLEY
Ce~fffying H~
Officer
--
US00D712670S
PORTION OF A SLAB
(71)
4,342,805
5,023,130
5,354,596
D370,350
5,556,671
D453,629
D484,707
D501,091
D525,434
D557,902
D560,915
D615,762
D631,670
D655,094
D656,323
D663,959
MN (US)
(72)
(73)
Assignee:
(**)
Term:
14 Years
(21)
US
**
D712,670 S
Sep. 9, 2014
*
8/1982 McCartney ................... 428/151
* 6/1991 Simpson et al ............... 442/408
* 10/1994 Chewetal .................... 428/152
6/1996 Spadacini ........................ D5/32
*
*
9/1996 Miura et al ..................... 428/15
2/2002 Kraker
1/2004 Kraker
*
1/2005 McGahee ........................ D5/62
*
7/2006 Mangrum ........................ D5/36
* 12/2007 Parrish ............................. D5/26
* 2/2008 Clyeetal ........................ D5/62
*
5/2010 Kimmel ........................... D5/62
*
2/2011 Jackson ........................... D5/99
*
3/2012 Key ................................. D5/32
*
3/2012 Jeronimo ......................... D5/62
*
7/2012 Brookman ....................... D5/62
(Continued)
OTHER PUBLICATIONS
(22)
Filed:
(51)
(52)
(58)
(56)
A
S
A
S
S
A
S
A
*
*
*
*
*
*
*
*
6/1920
5/1925
8/1926
8/1933
3/1951
6/1970
8/1974
2/1981
Cambria Color ParysTM The Jewel CollectionTM Sample Book, Version 11A-0324, printed Apr. 21, 2011, 22 pages.
(Continued)
Primary Examiner -- Karen S Acker
(74) Attorney, Agent, or Firm -- Fish & Richardson P.C.
(57)
CLAIM
US D712,670 S
Page 2
References Cited
(56)
S
S
S
S
S
S
Cambria WaterstoneTM CollectionTM Sample Book, Version llA0818, printed Sep. 26, 2011, 23 pages.
* cited by examiner
,~
U.S. Patent
Sep. 9, 2014
US D712,670 S
PTO- 1683
(Rev. 7-96)
By Authority of the
Under Secretary of Commerce for Intellectual Property
and
Director of thec~//.~~/jf~/~ff,.~/United.~~es~/ea/A/~-~tand~.,~~/Tradem,
ark Office
/ Sylvia ~blley
Certifying Officer
US00D737058S
Davis et al.
References Cited
(56)
(54)
PORTION OF A SLAB
(71)
US D737,058 S
** Aug. 25, 2015
(73)
Assignee:
(**)
Term:
14 Years
(21)
(22)
Filed:
(51)
(52)
U.S. CI.
1,344,570
D67,245
1,596,482
D90,466
2,028,948
Dl13,909
D162,280
2,565,491
2,693,658
3,021,247
3,515,619
D232,595
3,864,193
D234,646
4,248,652
4,342,805
5,023,130
A
S
A
S
A
S
S
A
A
A
A
S
A
S
A
A
A
6/1920
5/t925
8/1926
8/1933
1/1936
*
* 3/1939
3/1951
*
8/1951
* 11/1954
2/1962
*
6/1970
8/1974
2/1975
*
3/1975
*
2/1981
8/1982
6/1991
Warren
Ulmer
Ewea
Willheim
Pohlmann ..................... 428/203
Horowitz ......................... D5/37
Barash
Francis, Jr ..................... 428/152
Nobis ........................... 118/120
Stephens ....................... 156/222
Bamette
Willard
Friersonetal ................ 428/133
Nugent ............................ D5/62
Civardi et al.
McCartney
Simpson et al.
(Continued)
Sep. 12, 2014
OTHER PUBLICATIONS
Cambria 2010 Collection, 2010, 44 pages.
(Continued)
CLAIM
(57)
The ornamental design for a portion of a slab, as shown and
described.
DESCRIPTION
The file of this patent contains at least one drawing]photograph executed in color. Copies of this patent with color
dmwing(s)/photograph(s) will be provided by the Office upon
request and payment of the necessary fee.
The sole FIGURE is a top plan view of a portion of a slab
showing our new design.
The portion of a slab is fiat.
1 Claim, 1 Drawing Sheet
(1 of I Drawing Sheet(s) Filed in Color)
US D737,058 S
Page 2
(56)
References Cited
U.S. PATENT DOCUMENTS
5,354,596
D370,350
5,556,671
5,927,034
D453,629
A
S
A
A *
S
10/1994
6/1996
9/1996
7/1999
2/2002
1/2004
DI~84,707 S
1/2005
01,091 S
6,933,023 B2 *
8/2005
6,946,508 B2* 9/2005
D525,434 S
7/2006
D557,902 S
12/2007
D560,915 S
2/2008
D572,845 S * 7/2008
7,645,405 B2*
1/2010
D615,762 S
5/2010
D631,670 S
2/2011
3/2012
D655,094 S
D656,323 S
3/2012
7/2012
D663,959 S
Chewetal.
Spadaclni
Miuraetal.
Cole ............................... 52/391
Kxaker
Kxaker
McGahee
Clausen et al .................. 428/17
Yuiatwaetal ................ 524/401
Mangrum
Parrish
Cryeetal.
Paxketal ..................... D25/151
Suit ............................... 264/140
Kimmel
Jackson
Key
Jeronimo
Brookrnan
D670,085
D676,979
D679,099
D685,999
D693,583
D697,319
D700,440
D705,455
D705,956
D712,667
D712,668
D724,055
2002/0016399
2004/0209009
2008/0113124
2013/0137810
2013/0168607
S
11/2012 Brookman et al.
S
2/2013 Canales et al.
S
4/2013 Johnson et al.
S
7/2013 Johnson et al.
11/2013 Georgevitch
S
S
1/2014 Brookrnan et al.
S
3/2014 Johnston
S *
5/2014 Choietal .................... D25/151
S *
5/2014 Choietal .................... D25/151
S
9/2014 Grzeskowiaketal.
S *
9/2014 Grzeskowiaketal ........... D5/44
S *
3/2015 Tice ............................. D14/216
AI*
2/2002 Mazur ........................... 524/425
A1
10/2004 Opsommer et al.
AI*
5/2008 Parketal ........................ 428/15
AI*
5/2013 Shin .............................. 524/437
AI*
7/2013 Leeetal .................. 252/301.36
OTHER PUBLICATIONS
U.S. Patent
US D737,058 S
PTO-1683
(Rev. 7-96)
D 7569~18
By Authority of the
Under Secretary of Commerce for Intellectual Property
and Director of the United Stat.g~,P~ent and Trademark Office
64
/S~%5IA HOLLEY
Ce~ifying Officer
US00D737576S
PORTION OF A SLAB
(71)
(72)
(73)
(**)
Term:
(21)
(22)
Filed:
(51)
(52)
U.S. C1.
USPC ............................................................. D5/44
(58)
14Years
US D737,576 S
** Sep. 1, 2015
References Cited
U.S. PATENT DOCUMENTS
1,344,570
1,474,653
D67,245
1,568,070
1,596,482
D90,466
2,507,020
D162,280
2,565,491
2,693,658
D190,647
3,010,859
3,021,247
A
A
S
A
A
S
A
S
A
A
S
A
A
3,515,619 A
D232,595
3,864,193
4,248,652
4,342,805
S
A
A
A
6/1920
* 11/1923
5/1925
* 1/1926
8/1926
8/1933
* 5/1950
3/1951
* 8/1951
* 11/1954
* 6/1961
* i 111961
* 2/1962
6/1970
8/1974
* 2/1975
2/1981
8/1982
Warren
Tomo ............................ 427/204
Ulmer
Jennens .......................... 264/42
Ewen
Willheim
Kullmer et al ................ 428/148
Barash
Francis, Jr..................... 428/152
Nobis ........................... 118/120
Allen ........................... D25/163
Stephens et al .............. 428/40.1
Stephens ....................... 156/222
Bamette
Willard
Frierson et al ................ 428/133
Civardietal.
McCartney
(Continued)
OTHER PUBLICATIONS
Cambria 2010 Collection, 2010, 44 pages.
(Continued)
Primary Examiner- Karen S Acker
Assistant Examiner -- Wendy Arminio
(74) Attorney, Agent, or Firm -- Fish & Richardson P.C.
(57)
CLAIM
The ornamental design for a portion of a slab, as shown and
described.
DESCRIPTION
The file of this patent contains at least one drawing/photograph executed in color. Copies of this patent with color
drawing(s)/photograph(s)willbeprovidedbytheOfficeupon
request and payment of the necessary fee.
The sole FIGURE is a top plan view of a portion of a slab
showing our new design.
1 Claim, 1 Drawing Sheet
(1 of I Drawing Sheet(s) Filed in Color)
US D737,576 S
Page 2
(56)
References Cited
U.S. PATENT DOCUMENTS
4,877,656
5,023,130
5,354,596
D370,350
5,556,671
5,927,034
D453,629
D484,707
D501,091
D525,434
D557,902
D560,915
D610,269
D615,762
D631,670
D653,357
D655,094
D656,323
D663,959
D670,085
A
A
A
S
A
A
S
S
S
S
S
S
S
S
S
S
S
S
S
S
10/1989
6/1991
10/1994
6/1996
9/1996
7/1999
2/2002
1/2004
1/2005
7/2006
12/2007
2/2008
2/2010
5/2010
2/2011
1/2012
3/2012
3/2012
7/2012
11/2012
D676,979
D679,099
D685,999
D693,583
D697,319
D700,440
D705,455
D712,665
D712,667
D712,671
D714,559
D715,562
D715,564
D716,561
D724,055
2004/0209009
2013/0137810
2013/0168607
S
S
S
S
S
S
S *
S *
S
S *
S *
S *
S *
S *
S *
A1
AI*
AI*
2/2013
4/2013
7/2013
11/2013
1/2014
3/2014
5/2014
9/2014
9/2014
9/2014
10/2014
10/2014
10/2014
11/2014
3/2015
10/2004
5/2013
7/2013
Canales et al.
Johnsonetal.
Johnson et al.
Georgevitch
Brookmanetal.
Johnston
Choietal .................... D25/151
Grzeskowiaketal ........... D5/44
Grzeskowiaketal.
Grzeskowiaketal ........... D5/44
McCuaig ......................... D5/44
Zeamer ............................ D5/44
Zeamer ............................ D5/44
Zeamer ............................ D5/44
Tice ............................. D14/216
Opsommeretal.
Shin .............................. 524/437
Leeetal .................. 252/301.36
OTHER PUBLICATIONS
Cambria 2011 Collection, 2011, 26 pages.
Cambria 2014 Collection, 2014, 42 pages.
* cited by examiner
U.S. Patent
Sep. 1, 2015
US
D737,576 S
PTO- 1683
(Rev. 7-96)
By Authority of the
Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office
Certifying Officer
US00D737577S
(71)
(73)
Assignee:
(**)
Term:
(21)
14 Years
D737,577 S
Sep. 1, 2015
References Cited
(56)
(54)
(72)
US
**
A
S
A
S
A
S
A
S
A
S
A
A
A
A
S
A
A
6/1920
5/1925
8/1926
8/1933
*
5/1950
3/1951
* 11/1954
* 6/1961
6/1970
8/1974
2/198!
8/1982
6/1991
10/1994
6/1996
9/1996
* 12/1997
Warren
Ulmer
Ewen
Willheim
Kullmer et al ................
Barash
Nobis ...........................
Allen ...........................
Barnette
Willard
Civardi et al.
McCartney
Simpsonet al.
Chew et al.
Spadacini
Miura et al.
Tramont .......................
428/148
118/120
D25/163
118/211
(Continued)
Sep. 12, 21)14
(22)
Filed:
(51)
(52)
U.S. CI.
OTHER PUBLICATIONS
Cambria 2010 Collection, 44 pages.
(Continued)
The file of this patent contains at least one drawing/photograph executed in color. Copies of this patent with color
drawing(s)/photograph(s) will be provided by the Office upon
request and payment of the necessary fee.
The sole FIGURE is a top plan view of a portion of a slab
showing our new design.
The portion of a slab is flat.
1 Claim, 1 Drawing Sheet
(1 of I Drawing Sheet(s) Filed in Color)
US D737,577 S
Page 2
References Cited
(56)
S
BI*
S
S
B2*
B2*
S
S
S
S *
S
S
S *
S *
S
S
S
S
S
S
2/2002
3/2003
1/2004
1/2005
8/2005
9/2005
7/2006
12/2007
2/2008
2/2010
5/2010
2/2011
7/2011
1/2012
3/2012
3/2012
7/2012
11/2012
2/2013
4/2013
Kraker
Prior ............................... 156/63
Kraker
McGahee
Clausenetal .................. 428/17
Yukawaetal ................ 524/401
Mangrum
Parrish
C~eetal.
Canales ....................... D25/138
Kimmel
Jackson
Valenteetal .................... D5/62
Martinetal ................. D25/138
Key
Jeronimo
Brookman
Brookman et al.
Canales et al.
Johnsonetal.
D685,999
D693,583
D697,319
D700,440
D705,455
D712,665
D712,667
D712,671
D713,154
D714,559
D715,562
D715,563
D715,564
D716,560
D724,055
2004/0209009
2013/0137810
S
S
S
S
S *
S *
S *
S *
S *
S *
S *
S *
S *
S *
S *
A1
AI*
OTHER PUBLICATIONS
Cambria2011 Collection, 26 pages.
Cambria 2014 Collection, 42 pages.
* cited by examiner
U.S. Patent
Sep. 1, 2015
US D737,577 S
PTO- 1683
(Rev. 7-96)
D 7569718
By Authority of the
Under Secretary of Commerce for Intellectual Property
and Director of the United Sta~ P~flat and Trade~grk Office
US00D738630S
PORTION OF A SLAB
(71)
(72)
(73)
Assignee:
(**)
Term:
14 Years
(21)
(22)
Filed:
(52)
U.S. CI.
USPC ............................................................. D5/44
(58)
(56)
D738,630 S
US
Cambria Color ParysTM The Jewel CollectionTM Sample Book, Vetsion 11A-0324, printed Apr. 21, 2011, 22 pages.
(Continued)
Primary Examiner -- Karen S Acker
(74) Attorney, Agent, orFirm -- Fish & Richardson P.C.
CLAIM
(57)
The ornamental design for a portion of a slab, as shown and
described.
DESCRIPTION
The file of this patent contains at least one drawing/photograph executed in color. Copies of this patent with color
drawing(s)/photograph(s) will be provided by the Office upon
request and payment of the necessary fee.
The sole FIGURE is a top plan view of a portion of a slab,
showing our new design. The portion of a slab is fiat.
1 Claim, 1 Drawing Sheet
(1 of 1 Drawing Sheet(s) Filed in Color)
US D738,630 S
Page 2
References Cited
(56)
S
S
S
S
S
S
*
*
*
*
*
*
10/2009
2/2010
11/2010
3/2012
4/2012
4/2012
2013/0157012 AI*
2015/0010730 AI*
OTHER PUBLICATIONS
Cambria WaterstoneTM CollectionTM Sample Book, Version l lA0818, printed Sep. 26, 2011, 23 pages.
* cited by examiner
U.S. Patent
US D738,630 S
PTO- 1683
(Rev. 7-96)
D 7574451
U.S. PATENT:
D713,154
By Authority of the
Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office
T. LAWRENCE
Certifying Officer
US00D713154S
PORTION OF A SLAB
(71)
(72)
(73)
Assignee:
(**)
Term:
14Years
(21)
(22)
Filed:
(51)
(52)
U.S. CI.
USPC ............................................................. D5/44
(58)
US D713,154 S
** Sep. 16, 2014
S *
6/1996 Spadacini ........................ D5/32
A *
2/1999 Keck ............................. 428/198
212000 Alfonso et al ................... D5/44
S *
S
2/2002 Kraker
S *
5/2003 Clausen et al ................... D5/62
S
1/2004 Kraker
S *
1/2004 Tuso ................................ D5/62
B1 * 11/2004 Parietti ............................ 428/17
S *
5/2010 Kimmel ........................... D5/62
S * 7/2011 Valenteetal .................... D5/62
S * 3/2012 Key ................................. D5/32
S *
5/2012 Wade ........................... Dll/165
S * 7/2012 Kennedy .......................... D5/27
S * 7/2012 Brookrnan ....................... D5/62
S * 11/2012 Brookmanetal ............... D5/62
AI* 7/2011 Ohtaetal ..................... 428/152
AI* 6/2013 Qinetal ....................... 428/153
OTHER PUBLICATIONS
References Cited
DESCRIPTION
The file of this patent contains at least one drawing/photograph executed in color. Copies of this patent with color
drawing(s)/photograph(s)willbeprovidedbytheOfficeupon
request and payment of the necessary fee.
The sole FIGURE is a top plan view of a portion of a slab,
showing our new design.
The portion of a slab is flat.
(56)
1,344,570
D100,247
D110,595
Dl12,349
Dl16,203
D121,644
D201,131
D204,181
4,248,652
5,023,130
A
S
S
S
S
S
S
S
A
A
*
*
*
*
*
*
*
*
*
*
6/1920
6/1936
7/1938
11/1938
8/1939
7/1940
5/1965
3/1966
2/1981
6/1991
U.S. Patent
US D713,154 S
PTO- 1683
(Rev. 7-96)
CASE 0:16-cv-00989
Document
1-7SHEET
Filed 04/14/16 Page 1 of 2
CIVIL
COVER
JS 44 (Rev. 12/12)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Bell
Joseph A. Herriges
Fish & Richardson P.C.
3200 RBC Plaza, 60 South 6th Street
Minneapolis, MN 55402
Tel: 612-335-5070; herriges@fr.com
U.S. Government
Plaintiff
3 Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
4 Diversity
(Indicate Citizenship of Parties in Item III)
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
Citizen or Subject of a
Foreign Country
Foreign Nation
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
DEF
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
OTHER STATUTES
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
2 Removed from
State Court
3 Remanded from
Appellate Court
Reinstated or
Reopened
5 Transferred from
Another District
6 Multidistrict
Litigation
(specify)
VI. CAUSE OF
ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271; 281-285
Brief description of cause:
Patent Infringement
CHECK YES only if demanded in complaint:
DEMAND $
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
Yes
No
JURY DEMAND:
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE
DATE
04/14/2016
DOCKET NUMBER
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at
the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In
land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,
noting in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark
this section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more
than one nature of suit, select the most definitive.
V.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII.
Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.