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Case 2:15-cv-03069-MAK Document 1 Filed 06/01/15 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE


EASTERN DISTRICT OF PENNSYLVANIA

KNOLL, INC.,
1235 Water Street,
East Greenville, PA, 18041,

JURY TRIAL DEMANDED

CIVIL ACTION
Plaintiff,
No.
v.

BELNICK, INC. D/B/A


FLASH FURNITURE,
4350 Ball Ground Highway,
Canton, GA 30114,
Defendant.
VERIFIED COMPLAINT

Plaintiff Knoll, Inc. ("Knoll"), by its undersigned counsel, files this Complaint against
Defendant Belnick, Inc. d/b/a Flash Furniture ("Flash Furniture") for patent infringement and
unfair competition, and avers as follows :
PRELIMINARY STATEMENT

1.

Knoll is the worldwide, exclusive sub-licensee (excluding Asia (except for Japan),

Australia, and New Zealand) of the intellectual property rights to use and enforce the Patent No.
D638,232 S (the "'232 Patent"), a true and correct copy of which is attached as Exhibit A. The
MultiGeneration by Knoll Stacking Base Chair (the "MultiGeneration Chair") is the subject of
the '232 Patent, which claims exclusive rights to the chair design therein. Knoll pays royalties
for the right to use this design, and has enjoyed great success for this product.
2.

Defendant Flash Furniture is seeking to piggy-back off of Knoll's proprietary and

patent-protected design by marketing, promoting, and selling through its own website and
through other national retailers, such as Sears, Staples, and Amazon substantially similar chairs,

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126636.00 I 0011 00433840v.3

Case 2:15-cv-03069-MAK Document 1 Filed 06/01/15 Page 2 of 6

known as the Hercules Series 770 lb. Capacity Designer Stack Chair with Frame (the "Hercules
Series 770 Designer Chairs"). Flash Furniture' s infringement is causing Knoll immediate and
irreparable harm, and must be enjoined.
THE PARTIES
3.

Plaintiff Knoll is a corporation organized and existing under the laws of the State

of Delaware with its principal place of business located at 1235 Water Street, East Greenville,
Pennsylvania, 18041.
4.

Upon information and belief, Defendant Belnick, Inc. d/b/a Flash Furniture is a

corporation organized and existing under the laws of the State of Georgia with its principal place
of business located at 4350 Ball Ground Highway, Canton, Georgia 30114, and has committed
acts of infringement in this judicial district and is subject to personal jurisdiction in this district.
JURISDICTION AND VENUE
5.

This action arises under the patent laws of the United States, Title 35 of the

United States Code, and thus subject matter jurisdiction exists pursuant to 28 U.S.C. 1331 and
1338, and 35 U.S.C. 281. Subject matter jurisdiction further exists pursuant to 28 U.S.C.
1332, as the amount in controversy exceeds the sum or value of$75,000.00, exclusive of interest
and costs, and is between citizens of different states.
6.

Venue is proper in the Eastern District of Pennsylvania under 28 U.S.C.

1391.

BACKGROUND
7.

Knoll is a leading designer and manufacturer of branded furniture .

8.

One such example of a Knoll proprietary design is the Multi Generation Chair.

9.

The MultiGeneration Chair is the subject of the '232 Patent, which claims

exclusive rights to the chair design therein.


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126636.00 I 00/ 100433840v.3

Case 2:15-cv-03069-MAK Document 1 Filed 06/01/15 Page 3 of 6

10.

The '232 Patent is owned by Formway Furniture Limited, based in Wellington,

New Zealand, and to which patent, Formway Furniture Limited has granted to Formway Design
Studio Limited, also based in Wellington, New Zealand, an exclusive, irrevocable, perpetual
license (including the right to sub-license).
11 .

Knoll is the exclusive sub-licensee of the ' 232 Patent worldwide to manufacture,

distribute, promote, use, and supply the product covered by the ' 232 Patent-excluding New
Zealand, Australia, and Asia (except for Japan}-pursuant to a certain sub-license agreement
among Formway Furniture Limited (the owner), Formway Design Studio Limited (the exclusive
licensee), and Knoll (as the exclusive sub-licensee) (the "Exclusive Sub-License Agreement").
12.

Knoll pays royalties for the right to use this design, and has enjoyed great success

for this product.


13.

Pursuant to the Exclusive Sub-License Agreement, Knoll has the right to take

action against any third party in its Exclusive Territory in the event of any infringement or
potential infringement of the ' 232 Patent.
14.

Upon information and belief, Defendant Flash Furniture has advertised and

offered for sale, and sold the Hercules Series 770 Designer Chairs on its website at
http://www.flashfurniture.com/.
15.

The Hercules Series 770 Designer Chairs are substantially similar to Knoll ' s

MultiGeneration Chair, which is the exclusive design claimed in the ' 232 Patent.
16.

Upon information and belief, in addition to selling the Hercules Series 770

Designer Chairs on its website, Flash Furniture has promoted, marketed, and/or sold the Hercules
Series 770 Designer Chairs nationwide and in this district through retailers and these retailers '

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126636.00 I00/1 00433 840v.3

Case 2:15-cv-03069-MAK Document 1 Filed 06/01/15 Page 4 of 6

websites, including, but not limited to, Staples, The Simple Stores, Houzz Inc., Sears, Walmart,
bizchair.com, and Amazon.

COUNT I- PATENT INFRINGEMENT


17.

Knoll hereby incorporates by reference all preceding paragraphs of this Complaint

as though the same were set forth at length herein.


18.

Upon information and belief, Defendant Flash Furniture has infringed and

continues to infringe, the '232 Patent, by, inter alia, making, using, offering for sale, selling,
importing, distributing, marketing, and/or advertising the Hercules Series 770 Designer Chairs in
the Eastern District of Pennsylvania and elsewhere in the United States.
19.

Defendant Flash Furniture has infringed and continues to infringe the '232 Patent,

by, inter alia, practicing the design claimed in the '232 Patent.
20.

Flash Furniture has sold at least the following models of the Hercules Series 770

Designer Chairs that infringe the '232 Patent: rut-358-bk-gg; rut-358-gn-gg; rut-358-or-gg; and
rut-358-yl-gg.
21.

Knoll has suffered immediate and irreparable harm by Flash Furniture's

infringement of the '232 Patent, and will continue to suffer said injury unless and until Flash
Furniture is enjoined from the infringing conduct.
22.

Knoll further seeks damages no less than a reasonable royalty or all profits earned

on the sales of Flash Furniture's infringing products.


23.

Upon information and belief, Defendant Flash Furniture has knowingly, willfully,

and deliberately infringed the '232 Patent in conscious disregard of Knoll's rights, making this
case exceptional within the meaning of 35 U.S.C. 285 and justifying treble damages pursuant
to 35 U.S.C. 284.

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Case 2:15-cv-03069-MAK Document 1 Filed 06/01/15 Page 5 of 6

COUNT II- UNFAIR COMPETITION


24.

Knoll hereby incorporates by reference all preceding paragraphs of this Complaint

as though the same were set forth at length herein.


25.

As a result of Flash Furniture' s improper sale of the Hercules Series 770 Designer

Chairs that are the subject of Knoll's ' 232 Patent, the furniture trade and the purchasing public
are likely to buy Flash Furniture' s products in the erroneous belief that they are authorized
products of the design claimed in the '232 Patent or that the Hercules Series 770 Designer Chairs
are otherwise associated with Knoll.
26.

Upon information and belief, Flash Furniture has intentionally misappropriated

the designs that are the subject of Knoll ' s ' 232 Patent with the intention of causing confusion,
mistake and deception among consumers and the trade as to the source of the goods and/or with
the intent to unfairly profit from Knoll's design and goodwill at Knoll ' s expense.
27.

Flash Furniture' s actions constitute unfair competition which have had and will

continue to have a detrimental effect on both the general consuming public and Knoll.
28.

Knoll has no adequate remedy at law, and is suffering irreparable harm, as well as

damages caused by the wrongful acts of Flash Furniture.


JURY DEMAND

29.

Pursuant to Rule 38 ofthe Federal Rules of Civil Procedure, Plaintiff Knoll

demands that the issues in this case be tried by a jury.


WHEREFORE, Plaintiff Knoll demands judgment in its favor and against Defendant
Flash Furniture for :
a.

A permanent injunction enjoining Flash Furniture, its officers, directors,


agents, and employees from further acts of infringement of U.S. Patent
No. D638,232 S, and ordering Flash Furniture to recall and surrender for
5

126636.00 10011 00433840v.3

Case 2:15-cv-03069-MAK Document 1 Filed 06/01/15 Page 6 of 6

destruction all infringing products and to recall, destroy, and remove all
items referencing, showing, advertising, or promoting said infringing
products;
b.

An award of damages for Flash Furniture's infringement and unfair

competition, together with interest and costs;


c.

An increase in the damages awarded to three times the actual damages


pursuant to 35 U.S.C. 284;

d.

An award of the reasonable expenses incurred in this action by Knoll,

including attorneys ' fees, costs, and expenses pursuant to 35 U.S.C. 285;
e.

An award of punitive damages; and

f.

All such other relief as this Court deems appropriate.

BLANK ROME LLP

By d~ ~
SON .
D RMAN
STEPHEN E. G OSS
MATTHEW A. HOMYK
One Logan Square
Philadelphia, PA 19103
Snyderman@blankrome.com
(215) 569-5500- phone
(215) 832-5371- fax

Dated: June 1, 2015

Attorneys for Knoll, Inc.

6
126636.00 I 0011 00433840v.3

Case 2:15-cv-03069-MAK Document 1-1 Filed 06/01/15 Page 1 of 1

CIVIL COVER SHEET

JS 44 (Rev. 12112)

The JS 44 civil cover sheet and the infonnation 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 fonn, approved by the Judicial Conference of the United States in September 1974, is requtred for the use of the Clerk of Court for the
pwpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

DEFENDANTS

I. (a) PLAINTIFFS

Belnick, Inc. d/b/a Flash Furniture

Knoll, Inc.

Montgomery County, PA

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

Cherokee County. GA

(IN U.S. PLAINTIFF CASES ONLY)


NOTE:

(C) Attorneys {Firm Name, Address, and Telephone Number)


Jason A. Snyderman, Blank Rome, LLP, One Logan Square,
Philadelphia, PA 19103, 215-569-5500

IN LAND CONDEMNATION CASES, USE TiiE LOCATION OF


TiiE TRACT OF LAND INVOLVED.

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an "X" inOneBOJCOnly)

Ill. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One BOJ:for Plaintiff


and One BOJC for Defendant)

(For Diversity Cases Only)


0

~ 3

U.S. Government

Federal Question

(U.S. Government Not a Party)

Plaintiff

0 2

U.S. Government
Defendant

0 4

Diversity

0
0
0
0
0

0
0
0
0
0
0

1!1 2

Incotparatcd and Principal Place


of Business In Another State

(II

Citizen or Subject of a
Forei m Coun

Foreign Nation

0 6

TORTS

110 Insurance
120 Marine
130 MiUer Act
140 Negotiable lnstnancnt
ISO Recovery of Overpayment
& Enforcement of Judgment
lSI Medicare Act
IS2 Recovery of Defaulted
Student Loans
(Excludes Veterans)
I S3 Recovery of Overpayment
ofVetcran's Benefits
160 Stockholders' Suits
190 Other Contract
19S Contract Product Liability
196 Franchise

0
0
0
0
0
0
0
0
0
0

Citizen of Another State

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
24S Ton Product Liability
290 All Other Real Property

0
0
0
0
0
0
0

Incotparated or Principal Place


of Business In This State

PTF
II 4

DEF
0 4

''''in one Box Only)

CONTRACT

0
0

DEF
0
I

(Indicate Citizenship ofParties in Item Ill)

IV NATURE OF SUIT (Place an


0
0
0
0
0

Citizen of This State

PTF
(II I

PERSONAL INJURY
310 Airplane
31 S Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340 Marine
34S Marine Product
Liability
3SO Motor Vehicle
3SS Motor Vehicle
Product Liability
360 Other Personal
lnjwy
362 Personal lnjwy
Medi cal Malpractice
CIVIL RIGHTS
440 Other Civil RighiB
441 Voting
442 Employment
443 Housing!
Accommodations
44S Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEIT RE/ PENALTY

PERSONAL INJURY
0 36S Personallnjwy
Product Liability
0 367 Health Care/
Pharmaceutical
Personal lnjwy
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Cor pus:
0 463 Alien Detainee
0 S 10 Motions to Vacate
Sentence
0 S30 General
0 S3S Death Penalty
Other:
0 S40 Mandamus & Other
0 SSO Civil RighiB
0 SSS Prison Condition
0 S60 Civil DetaineeConditions of
Confinement

0 62S Drug Related Seizure


ofProperty 21 USC 881
0 690 Other

BANKRUPTCY
0 422 Appeal 28 USC I S8
0 423 Withdrawal
28 USC IS7
PROPERTYRI HTS
0 820 Copyrights
~ 830 Patent
0 840 Trademark

0
0
0
0
0
0

.AROR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
7S I Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

0
0
0
0
0

SOCIAL SE
R 'Y
86 1 HIA (I 395ft)
862 Black Lung (923)
863 DIWC/DIWW (40S{g)}
864 SSID Title XVI
86S RSI (40S(g))

FEDERAL TAX SU ITS


0 870 Taxes (U.S. Plainti ff
or Defendant)
0 871 IRS-Third Party
26
7609

usc

OTHER STATUTES
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

37S False Claims Act


400 State Reapportiorunent
410 Antitrust
430 Banks and Banking
4 S0 COilllliCI'CC
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
8~0 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agticultw'lll Acts
893 Environmental Maners
89S Freedom of Information
Act
896 Arl>itration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
9SO Constitutionality of
State Statutes

IMMIGRATION
0 462 Naturalization Application
0 46S Other Immigration Actions

V. 0 Rl GIN (Place an "X" in One Box Only)


)II( I Original
Proceeding

0 2 Removed from
State Court

Remanded from
Appellate Court

0 4 Reinstated or
Reopened

0 5 Transferred from
Another District
(.r

dfy)

0 6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are fili ng (Do not citej urisdiclionalstaflltes unless di-.enity):

VI. CAUSE OF ACTION

35 U.S. Code

271

1-:B~r:..
ie~
f ;.;.
de=.s:....
cr=.
i p.;:;ti.;:;
o=.
n _.
ofr,.;c=.a:....us:....e: -----------------------------------

Patent Infringement and Unfair Competition.


DEMAND$
75,000.00

VII. REQUESTED IN
0 CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See imtruclions):
IF ANY

CHECK YES only if demanded in com plaint:


JURY DEMAND:
)It Yes
0 No
DOCKET NUMBER

DATE

05/29/2015
FOR OFFICE USE ONL
RECEIPT#

AMOUNT

MAG. JUDGE

Case 2:15-cv-03069-MAK Document 1-2 Filed 06/01/15 Page 1 of 2


IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CASE MANAGEMENT TRACK DESIGNATION

I<~ORM

CIVIL ACTION

Knoll, Inc.

v.
Belnick, Inc. d/b/a Flash Furniture

NO.

In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for
plaintiff shall complete a Case Management Track Designation Form in all civil cases at the time of
filing the complaint and serve a copy on all defendants. (See 1:03 of the plan set forth on the reverse
side of this form.) In the event that a defendant does not agree with the plaintiff regarding said
designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on
the plaintiff and all other parties, a Case Management Track Designation Form specifYing the track
to which that defendant believes the case should be assigned.
SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS:
(a) Habeas Corpus- Cases brought under 28 U.S.C. 2241 through 2255.

( )

(b) Social Security- Cases requesting review of a decision of the Secretary of Health
and Human Services denying plaintiff Social Security Benefits.

( )

(c) Arbitration- Cases required to be designated for arbitration under Local Civil Rule 53.2.

( )

(d) Asbestos- Cases involving claims for personal injury or property damage from
exposure to asbestos.

( )

(e) Special Management- Cases that do not fall into tracks (a) through (d) that are
commonly referred to as complex and that need special or intense management by
the court. (See reverse side of this form for a detailed explanation of special
management cases.)

( ./)

(f) Standard Management- Cases that do not fall into any one of the other tracks.

( )

5/29/2015

Date
215-569-577 4

Telephone

(Civ. 660) 10/02

Jason A. Snyderman

Attorney-at-law
215-832-5774

FAX Number

Knoll, Inc.

Attorney for
Snyderman@blankrome.com

E-Mail Address

Case 2:15-cv-03069-MAK Document 1-2 Filed 06/01/15 Page 2 of 2

Civil Justice Expense and Delay Reduction Plan


Section 1:03- Assignment to a Management Track
(a)

The clerk of court will assign cases to tracks (a) through (d) based on the initial pleading.

(b)
In all cases not appropriate for assignment by the clerk of court to tracks (a) through (d), the
plaintiff shall submit to the clerk of court and serve with the complaint on all defendants a case management
track designation form specifying that the plaintiff believes the case requires Standard Management or
Special Management. In the event that a defendant does not agree with the plaintiff regarding said
designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on the
plaintiff and all other parties, a case management track designation form specifying the track to which that
defendant believes the case should be assigned.
(c)
The court may, on its own initiative or upon the request of any party, change the track
assignment of any case at any time.
(d)
Nothing in this Plan is intended to abrogate or limit a judicial officer's authority in any case
pending before that judicial officer, to direct pretrial and trial proceedings that are more stringent than those
of the Plan and that are designed to accomplish cost and delay reduction.
(e)
Nothing in this Plan is intended to supersede Local Civil Rules 40.1 and 72.1, or the
procedure for random assignment of Habeas Corpus and Social Security cases referred to magistrate judges
of the court.

SPECIAL MANAGEMENT CASE ASSIGNMENTS


(See L02 (e) Management Track Definitions of the
Civil ,Justice Expense and Delay Reduction Plan)
Special Management cases will usually include that class of cases commonly referred to as "complex
litigation" as that term has been used in the Manuals for Complex Litigation. The first manual was prepared
in 1969 and the Manual for Complex Litigation Second. MCL 2d was prepared in 1985. This term is
intended to include cases that present unusual problems and require extraordinary treatment. See 0.1 of the
first manual. Cases may require special or intense management by the court due to one or more of the
following factors: ( l) large number of parties; (2) large number of claims or defenses; (3) complex factual
issues; (4) large volume of evidence; (5) problems locating or preserving evidence; (6) extensive discovery;
(7) exceptionally long time needed to prepare for disposition; (8) decision needed within an exceptionally
short time; and (9) need to decide preliminary issues before final disposition. It may include two or more
related cases. Complex litigation typically includes such cases as antitrust cases; cases involving a large
number of parties or an unincorporated association of large membership; cases involving requests for
injunctive relief affecting the operation of large business entities; patent cases; copyright and trademark
cases; common disaster cases such as those arising from aircraft crashes or marine disasters; actions brought
by individual stockholders; stockholder's derivative and stockholder's representative actions; class actions or
potential class actions; and other civil (and criminal) cases involving unusual multiplicity or complexity of
factual issues. See 0.22 of the first Manual for Complex Litigation and Manual for Complex Litigation
Second, Chapter 33.

Case 2:15-cv-03069-MAK Document 1-3 Filed 06/01/15 Page 1 of 1


UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PEl":'\! SYLVANIA
assignment to appropriate calendar.

DESIGNATION FORM to be used by counsel to indicate the category of the case for the purpose of

Address
Address ofDefendant Belnick. Inc. d/b/a Flash Furniture: 4350 Ball Ground Highway, Canton, GA 30114
Place of Accident, Incident or

(Attach two copies of the Disclosure Statement Form in accordance with Fed.R.Civ.P. 7.1 (a))
Does this case involve multidistrict litigation possibilities 0

YesD

Nor.zl

YesD

NJZl

RELATED CASE. IF ANY:

Case N u m b e r : - - - - - - - - - - - - Judge _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date T e r m i n a t e d : - - - - - - - - - - - - - - - - - - - - Civil cases are deemed related when yes is answered to any of the followmg questions:
l. Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in this coul1''
YcsD
"'oiZI
2. Does this case involve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year previously terminated
action in this court?
NoiZl
YesCl
3. Does this case involve the validity or infringement of a patent already in suit or any earlier numbered case pending or within one year previously
terminated action in this court?

YesD

Nol2l

4. Is this case a second or successive habeas corpus, social security appeaL or pro sc civil rights case filed by the same individual?
YesD
CIVIL: (Place
A

Nor.zl

V in ONE CATEGORY O"'L Y}

Federal Question Cases:

B. Diversity Jurisdiction Cases:

I. D Indemnity Contract, Marine Contract, and All Other Contracts

I. D Insurance Contract and Other Contracts

2. D FELA

2. 0 Airplane Personal Injury

3. D Jones Act-Personal Injury

3. 0 Assault, Defamation

4. DAntitrust

4. 0 Marine Personal Injury

5. 1Z1 Patent

5. 0 Motor Vehicle Personal Injury

6. D Labor-Management Relations

6.

D Other Personal Injury (Please specify)

7. D Civil Rights

7. 0 Products Liability

8. D Habeas Corpus

8.

9. D Securities Act(s) Cases

9. 0 All other Diversity Cases

l 0. D Social Security Review Cases

0 Products Liability

Asbestos

(Please specify)

11.0 All other Federal Question Cases


(Please s p e c i f y ) - - - - - - - - - - - - - - - - - - - -

ARBITRATION CERTIFICATION
(Check Appropriate Categm:v)

I,_,J:.:a:.:s::.:o::.:n..:...:..A.:.:._S=n"-y.::d..:e:.:_rm=a:.:n.:_____________, counsel of record do hereby certify:

[2] Pursuant to Local Civil Rule 53.2, Section 3(c)(2). that to the best of my knowledge and belief. the damages recoverable in this civil action case exceed the sum of
$150,000.00 exclusive of interest and costs;
0 Relief other than monetary damages is sought.
80239
Attorney-at-Law
Attorney J.D.#
"'OTE: A trial de novo will be a trial by jury only if there has been compliance with F.R.C.P. 38.
I certify that, to my knowledge, the within case is not related to any case now pending or within one year previously terminated action in this court
except as noted above.

Jason A. Snyderman
Attorney-at-Law
CIV. 609 (512012)

Attorney I. D.#

Case 2:15-cv-03069-MAK Document 1-4 Filed 06/01/15 Page 1 of 8

EXHIBIT A

Case 2:15-cv-03069-MAK Document 1-4 Filed 06/01/15 Page 2 of 8

lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
USOOD638232S
(12)

United States Design Patent

(10)

Roy

(45)

(54)

CHAIR

(75)

Inventor:

(73)

Assignee: Formway Furniture Limited,


Wellington (NZ)

(**)

Term:

(21 l

Appl. No.: 29/356,360

(22)

Filed:

(51)
(52)
(58)

LOC (9) Cl. . ................................................. 06-01


U.S. Cl . ........................................................ 1>6/376
Field of Classification Search ........... 06/334-335,
06/364-367, 369, 374-3RO, 500-502; 297/2R4.4,
2971411.28,452.15,452.21,452.29, 452.3,
297/452.31' 452.46
Sec <~pplicatiun 11le fur ~.:omplt:te sear~.:h history.

Leif Robert John Roy, Lower HuH (NZ)

14 Years

Feb. 24, 2010

(56)

References Cited
U.S. PATENT DOCUMENTS
[)327,783
0354,631
!)177.431
0386.023
0407,576
D420,523
0422,802
D453.079
1)456,164
D457,739
1)465,345
6,536,841
6.623,079
6,729,691
1)493,626
!)505.801
0507,423
0510,488
0511,418
0512,574

s *
s *
s *

711992
l/1995
!il997
S 11/1997
s
4/1999
S 212000
s
412000
s
1/2002
s * 412002
S 512002
s I 1/2002
Bl* J!2003
B2 + 912003
B2* 5/2004
s X/2004
s 612005
712005
s
s J()/2005
s 1!12005
s !2!2005
9/2006
D528,!!ll s
D544,720 S
6/2007

..
.

06.'372
061366
[)6i500
IJ6!500
D61500
D6/372
061J66
D6/366
1)61:174
D6/366
06/372
297/316
Pearce ct aL
Gregory .................. 297!440.11
. 2971452.56
Koepke ct a1
!)6!166
.lames
])6/379
( csaroni ct a!.
Beaulieu d al.
D61366
D6/J66
Su .
06/366
Breen
Tsai
06/366
06/366
Giugiaro .
06/366
Bcrbega l Perez
Currimjee
Orlandini eta!.
Stumpf et al.
Stumpf et al.
Ritch et al .....
Stumpfet al.
Deacon ........
Ma

Patent No.:
Date of Patent:

0549.018
[)555,924
0558,995
0559.572
056!.485
0564.768
0572.948
D582.170
D586.577
[)587.915
D59.U.l7
0595.971
])600.936
])603.632
1)604.535
0611.265
D6lJ.084
[)616.213
0618.469
D627.98J
2006 10006715
2009/0127914

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US D638,232 S

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May 24, 2011

Glass ct al.
Igarashi
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Igarashi
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Hock
Glass et al.
Wakasugi et al.
Chi
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Romero
Wakasugi ct al.
Chadwick ct al.
Igarashi et al.

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* cited by examiner
Primary Examiner- Elizabeth A. Albert
Assistant Examiner ~- Kelley A Donnelly
(74) AflornL')'. Agem. or Firm
Workman Nydegger
(57)
CLAIM
The ornamental design for a chair, as shown and described.
DESCRII'TION
FIG. 1 is a front elevational view of a chair showing my new
design:
FIG. 2 is a left side elevational view thereof:
FIG. 3 is a rear elevmional view thereof:
FIG. 4 is a right side elevmional vk'W thereof;
FIG. 5 is a lop plan view thereof; aml.
FIG. 6 is a perspective view thereof.
The broken line showing of components is fi.1r the purpose of
illustrating environmental structure and forms no part of the
claimed design.
1 Claim, 6 Brawing Sheets

Case 2:15-cv-03069-MAK Document 1-4 Filed 06/01/15 Page 3 of 8

U.S. Patent

May 24, 2011

Sheet 1 of 6

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US D638,232 S

Case 2:15-cv-03069-MAK Document 1-4 Filed 06/01/15 Page 4 of 8

US D63S,232 S
Sbeet 2 of6

U.S. Patent

MaY 24,2011

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Case 2:15-cv-03069-MAK Document 1-4 Filed 06/01/15 Page 5 of 8

U.S. Patent

May 24,2011

US D638,232 S

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U.S. Patent

May 24,2011

Sheet 4 of6

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Case 2:15-cv-03069-MAK Document 1-4 Filed 06/01/15 Page 7 of 8

U.S. Patent

May 24,2011

Sheet 5 of6

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