Steelcase v. Haskell Office - Complaint

Case 1:17-cv-00182 ECF No. 1 filed 02/27/17 PageID.
1 Page 1 of 41
UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MICHIGAN
STEELCASE, INC.,
Plaintiff, Civil Action No.
v. Judge:
HASKELL OFFICE LLC JURY TRIAL DEMANDED
Defendant.
COMPLAINT
Plaintiff Steelcase, Inc. (Steelcase) alleges the following claims against Defendant
Haskell Office LLC (Haskell):
THE PARTIES
1. Steelcase is a Michigan corporation, having a principal place of business at 901
44th Street, S.E., Grand Rapids, Michigan 49508.
2. Upon information and belief, Haskell is a Pennsylvania Corporation, having a
principal place of business at 298 Levering Mill Rd # 2, Bala Cynwyd, Pennsylvania 19004.
JURISDICTION AND VENUE
3. This is a civil action for patent infringement 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).
4. This Court has personal jurisdiction over Haskell because Haskell is doing
business and has committed one or more infringing acts complained of herein within this State
and Judicial District. More specifically, upon information and belief, Haskell has sold, offered
for sale, distributed to and/or shipped the accused infringing products into this Judicial District.
Case 1:17-cv-00182 ECF No. 1 filed 02/27/17 PageID.2 Page 2 of 41
In addition, upon information and belief, Haskell has knowingly and intentionally placed
products into the stream of commerce through established distribution channels expecting them
to be shipped into and purchased by customers in this Judicial District.
5. Venue is proper in this District under 28 U.S.C. 1391 (b) and/or (c) and
1400(b). Upon information and belief, Haskell conducts business in this Judicial District, and
wrongful acts of patent infringement by Haskell have taken place and are continuing to take
place in this Judicial District.
GENERAL ALLEGATIONS
STEELCASES LEGACY OF INNOVATION
6. Steelcase is a company founded over 100 years ago in 1912 as the Metal Office
Furniture Company in Grand Rapids, Michigan. Steelcase now is a global, industry-leading
manufacturer of office furniture and office space solutions.
7. Steelcases innovations have resulted in a comprehensive portfolio of products,
furnishings and servicessolutions addressing: interior architecture, furniture and technology
for use in the workplace, healthcare and education spaces.
8. Among Steelcases current product offerings is its Node chair (the Node
Chair). The Node Chair is considered to be a pioneer in collaborative learning furniture.
9. Also among Steelcases current product offerings is its Verb series of product
which include classroom table and desk solutions designed to support different learning modes
that integrate whiteboards, easels, and storage that facilitate effective display and presentation in
the classroom setting.
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10. Steelcase currently owns several patents on innovations in the educational
furniture industry, including several patents asserted herein covering Steelcases Node Chair and
Verb series of products.
THE ASSERTED PATENTS
11. Steelcase is the assignee and owner of all right, title and interest in and to U.S.
Patent No. 9,060,609 which was issued by the United States Patent and Trademark Office on
June 23, 2015 and is entitled Seat Assembly (the 609 patent). A true and accurate copy of
the 609 patent is attached as Exhibit 1.
August 16, 2016 and is entitled Seat Assembly (the 686 patent). A true and accurate copy
of the 686 patent is attached as Exhibit 2.
June 2, 2015 and is entitled Seat Assembly (the 087 patent). A true and accurate copy of
the 087 patent is attached as Exhibit 3.
March 8, 2016 and is entitled Node Seat to Base Mounting Assembly (the 825 patent). A
true and accurate copy of the 825 patent is attached as Exhibit 4.
August 16, 2016 and is entitled Node Seat to Base Mounting Assembly (the 685 patent). A
true and accurate copy of the 685 patent is attached as Exhibit 5.
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Design Patent No. D679,923 which was issued by the United States Patent and Trademark Office
on April 16, 2013 and is entitled Base for Seating Unit (the 923 patent). A true and
accurate copy of the 923 patent is attached as Exhibit 6.
January 5, 2016 and is entitled Learning Suite Furniture System (the 578 patent). A true
and accurate copy of the 578 patent is attached as Exhibit 7.
June 30, 2015 and is entitled Learning Suite Furniture System (the 589 patent). A true and
accurate copy of the 589 patent is attached as Exhibit 8.
19. The 609 patent, the 686 patent, the 087 patent, the 825 patent, the 685 patent,
the 923 patent, the 578 patent, and the 589 patent are collectively referred to herein as the
Steelcase Patents.
20. Steelcase is the owner of all right, title and interest in and to the Steelcase Patents.
21. The Steelcase Patents are valid and enforceable under the United States Patent
Laws.
22. Steelcase has complied with the statutory notice provisions of 35 U.S.C. 287
with respect to each of the Steelcase Patents.
HASKELLS INFRINGING ACTS
23. Haskell designs and manufactures furniture for use in business, education,
government and institutional enterprises.
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24. Haskell sells seating solutions it markets under its Ethos brand, including its
Ethos Chair Series (Ethos Chair). A true and correct copy of literature describing the Ethos
Chair is publicly available at http://www.haskelloffice.com/resources/PDFs/Literature_Ethos.pdf
and attached as Exhibit 9.
FIG. A FIG. B FIG. C
25. The Ethos Chair is marketed as a seating solution that serves as a teaching
assistant which simplifies a Think-Pair-Share lesson plan. Exhibit 9. Haskell describes its
Ethos Chair as more than a chair because it is a contemporary design chair that has
swiveling capability, mobility, and personal storage. Id. The Ethos Chair sells in a
variety of colors or finishes for, what Haskell calls, the 21st century classroom. Id.
26. ConfigurableClassroom.com is a website that posts articles and opinions of
industry experts specializing in educational resources for the 21st Century Learning
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Environments. Its mission is to assist educators by providing real world insights to aid in the
process of creating the most effective student-centered, configurable classrooms. See
http://configurableclassroom.com/about-us/
27. In October 2014, ConfigurableClassroom.com posted a review of the Haskell
Ethos chairs, stating with respect to the Haskell Ethos collection line that it is obvious they are
taking on the Steelcase Node. The October 2014 post further highlights the [a]ttractive
design of the Haskell Ethos chair and states, [t]he design does look similar to the Steelcase
Node. A true and correct copy of the October 2014 post from ConfigurableClassroom.com is
available at http://configurableclassroom.com/21st-century-classroom-seating-haskell-ethos/ and
attached hereto as Exhibit 10.
28. Haskell also sells tables and desks it markets under its Echo Series brand (herein
after referred to as Echo Series or the Echo Series products). A true and correct copy of
literature describing the Echo Series is publicly available at
http://www.haskelloffice.com/resources/PDFs/Literature_ECHO.pdf and attached as Exhibit 11.
29. As pictured in Figure D, the Echo Series products include tables, desks and
display systems, such as whiteboards and easels that are marketed to seamlessly transition the
classroom environment from lectures to group work, private study and discussion. Exhibit 11.
Indeed, Haskell markets its Echo Series products as being beyond the desk in that it
incorporates individual whiteboards and a fully integrated whiteboard system. Id.
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FIG. D
30. The Echo Series products are available in a variety of colors and, according to
Haskell, are not only essential to the complete classroom but are also companion products to
the Ethos Chairs, as pictured in Figure E, below. See Exhibit 11.
FIG. E
31. The Ethos Chair and the Echo Series products are collectively referred to herein
as the Accused Products.
32. Without Steelcases authorization, Haskell has made, used, sold, offered for sale
in the United States and/or imported into the United States, products, including at least the
Accused Products, covered by one or more claims of each of the Steelcase Patents.
33. On or about October 11, 2013, Steelcase sent Douglas Brown of Haskell Office a
letter advising Haskell that Steelcase is the legal owner of several U.S. Patents, including the
923 patent. In that October 11, 2013 letter, Steelcase warned Haskell that Steelcase believed the
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Ethos Chair were covered by the 923 patent. A true and accurate copy of the Steelcases
October 11, 2013 letter to Mr. Brown is attached as Exhibit 12.
34. In that October 11, 2013 letter, Steelcase also requested that Haskell immediately
refrain from making using, offering to sell or selling any product incorporating the designs
claimed in the 923 patent.
35. About a year later, on October 10, 2014, Steelcase, by and through its attorneys,
sent Haskells attorney, Mr. Robert F. Zielinski, Esq. correspondence via email and U.S. Mail
putting Haskell on notice of certain published patent applications, including U.S. Patent
Application No. 2014/0210237 A1 (the 237 Application) which published on July 31, 2014.
A true and accurate copy of the 237 Application is attached as Exhibit 13.
36. Steelcases October 10, 2014 correspondence further put Haskell on notice that its
Ethos Chair (or any other chairs having the claimed structures) may be liable for infringement
upon issuance of patents from the 237 Application. A true and accurate copy of the Steelcases
October 10, 2014 letter to Mr. Zielinski is attached as Exhibit 14.
37. Then, on January 13, 2016, Steelcase, by and through its attorneys, sent Haskells
attorney further correspondence, again putting Haskell on notice that its Ethos Chair covered by
one or more claims of certain Steelcase patents, including the 087 patent, the 923 patent and the
609 patent (as well as the published claims of the 237 Application). A true and accurate copy
of the Steelcases January 13, 2016 letter to Mr. Zielinski is attached as Exhibit 15.
38. In that January 13, 2016 letter to Haskell, Steelcase also put Haskell on notice that
its Echo Series products were also covered by one or more claims of certain patents owned by
Steelcase, including the 578 patent and the 589 patent.
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39. In that January 13, 2016 letter, Steelcase again demanded that Haskell cease and
desist its importation, offering for sale and/or sale of the Ethos Chair. Steelcase also demanded
that Haskell cease and desist its importation, offering for sale and/or sale of the Echo Series
products.
40. Despite the unequivocal notice provided by Steelcase, Haskell continues to
willfully make, have made, sale, offer for sale and/or imported into the United States the
Accused Products without Steelcases authorization knowing the Accused Products to be
covered by at least one claim of each of the Steelcase Patents.
41. Upon information and belief, Haskell has continued knowingly to make, have
made, sell, offer for sale in the United States, and/or import into the United States office and
classroom furniture and seating solutions, including the Ethos Chair, it knows to be covered by at
least one claim of each of the Steelcase Patents.
COUNT I
(PATENT INFRINGEMENT OF U.S. PATENT NO. 9,060,609)
42. Steelcase incorporates each of the foregoing paragraphs and allegations as if fully
set forth herein.
43. Steelcase is the owner of all right, title, and interest in and to the design covered
by the 609 patent. Steelcase is entitled to enforce the 609 patent and to receive all damages and
the benefits of all other remedies, including injunctive relief, for Haskells infringement.
44. As a complete and first ground for relief, Steelcase hereby charges Haskell with
infringement of the 609 patent under 35 U.S.C. 271 et seq.
45. Haskell has at no time been licensed under the 609 patent.
46. On information and belief, Haskell has and continues to directly infringe the 609
patent by making, using, selling, offering to sell in the United States and/or importing into the
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United States, without authority, office and classroom furniture and seating solutions, including,
but not limited to, the Ethos Chair, that are covered by one or more claims of the 609 patent.
47. For example, Haskell directly infringes at least claim 1 of the 609 patent, which
states:
The invention claimed is:
1. A base assembly for supporting a chair, the chair including a seat and a mounting
assembly mounted to an underside of the seat, the base assembly comprising:
(i) a pan member having a top surface, a bottom surface, an outer edge, a central
portion and a peripheral portion that surrounds the central portion and that is
adjacent the outer edge, the outer edge forming a shape of the pan member, the
top surface concave upward with the peripheral portion at a height above a height
of the central portion, the pan member forming a plurality of openings that are
spaced about the peripheral portion, each opening located at a height above the
bottom surface of the central portion;
(ii) a bottom ring forming a loop having a shape that is substantially similar to the
shape of the pan member and having an undersurface, a plurality of pintle mounts
extending downward from the undersurface of the bottom ring, the bottom ring
mounted to the top surface of the pan member with the bottom ring contacting the
peripheral portion of the pan member and each pintle mount extending through
one of the openings formed in the pan member;
(iii) a central hub forming a substantially flat top surface and forming an opening
in the top surface for receiving a lower portion of the mounting assembly;
(iv) a plurality of leg members that extend upward and inward from spaced apart
locations of the bottom ring to the central hub spaced from and to support the
central hub above the central portion of the pan member; and
(v) a plurality of casters, a separate caster mounted to each of the pintle mounts.
Exhibit 1 (the 609 patent) at col. 9:64-10:29.
48. Specifically, but without limitation, the Ethos Chair has a base assembly for
supporting a chair that includes a seat and a mounting assembly mounted to an underside of the
seat.
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49. The Ethos Chair base assembly includes a pan member that has a top surface, a
bottom surface, an outer edge, a central portion and a peripheral portion that surrounds the
central portion to form a shape of a pan. See FIGs. C and F (below); see also, Exhibit 9.
FIG. C FIG. F
50. The outer edge of the pan member of the Ethos Chair base assemby forms the
shape of the pan member and has a top surface that is concave upward with a peripheral portion
above the central portion of the pan member. See e.g., FIGs. C and F.
51. The pan member of the Ethos Chair base assembly includes a plurality of
openings spaced about the peripheral portion of the pan member. Each opening is located above
the bottom surface of the central portion of the pan member. See e.g., FIGs. C and F.
52. The Ethos Chair base assembly has a bottom ring that forms a loop having a
shape substantially similar to the shape of the pan member with an undersurface from whence a
plurality of pintle mounts extend downward. See FIGs. F, G and H (below).
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FIG. G FIG. H
53. The bottom ring of the Ethos Chair base assembly is mounted to the top surface of
the pan member of the Ethos Chair base assembly, the bottom ring contacts the peripheral
portion of the pan member and each pintle mount extends through one of the openings formed in
the pan member. See FIGs. F, G and H.
54. The central hub of the Ethos Chair base assembly forms a substantially flat top
surface and an opening in the top surface for receiving a lower portion of the mounting
assembly. See FIGs. F (above), L and M (below):
FIG. L FIG. M
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55. Moreover, the Ethos Chair base assembly also has a plurality of leg members that
extend upward and inward from spaced apart locations of the bottom ring to the central hub to
support the central hub above the central portion of the pan member. See FIGs. C and F.
56. The Ethos Chair base assembly also has a plurality of casters mounted to each of
the pintle mounts. See FIGs. C, F, G, and H.
57. Since at least as early as January 2016, Haskell and certain of its officers, agents,
and employees have been aware of the existence of the 609 patent and, despite such knowledge,
Haskell has continued to willfully make, have made, use, sell, offer for sale and/or import the
Ethos Chair into the United States knowing those acts to infringe at least one claim of the 609
patent.
58. Upon information and belief, Haskells acts of infringement have been, and
continue to be, undertaken with knowledge of the 609 patent. Such acts constitute willful
infringement and make this case exceptional pursuant to 35 U.S.C. 284 and 285, and entitle
Steelcase to enhanced damages and reasonable attorney fees.
59. On information and belief, Haskell has also indirectly infringed the 609 patent by
way of inducing infringement of one or more claims of the 609 patent by its customers,
including, but not limited, to Haskells dealers, distributors, re-sellers, and direct end-customers
to use, sell, offer for sale and/or import the Ethos Chair into the United States knowing it
infringes one or more claims of the 609 patent.
60. On information and belief, Haskell has engaged in such actions with the specific
intent to cause infringement or with willful blindness to the resulting infringement of the 609
patent because Haskell had actual knowledge of the 609 patent and knowledge that its acts were
inducing infringement of the 609 patent.
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61. Steelcase has been and continues to be injured and damaged by Haskells
infringement of the 609 patent in an amount to be determined at trial.
62. Haskells infringement has also caused irreparable harm to Steelcase for which
Steelcase has no adequate remedies at law and Steelcase will continue to suffer such irreparable
harm unless and until Haskells infringement is permanently enjoined by this Court.
COUNT II
set forth herein.
68. For example, Haskell infringes at least claim 1 of the 686 patent, which states:
1. A seating assembly comprising:
a seating structure including a seat member having an undersurface and a seat

edge;
a mounting bracket mounted to the undersurface of the seat member;
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a base including a central hub and plurality of leg members extending downward
from the central hub to lower leg ends, the mounting bracket mounted to the base
spaced above the central hub, a first vertical axis passing through the central hub;
a base tube mounted to and extending upward along the first vertical axis from the
central hub;
a mounting collar mounted to the base tube for rotation about the first vertical
axis, the mounting collar positioned proximate and below the mounting bracket
and located at the least in part between the mounting bracket and the central hub;
a support arm having first and second ends, the first end mounted to the mounting
collar for rotation therewith about the vertical axis, the support arm extending
radially outward from the mounting collar along the under-surface of the seat
member and upward to the second end;
a tablet member having a top surface, the tablet member mounted to the second
end of the support arm with the top surface substantially horizontal; and
at least one storage pan mounted to at least first and second of the plurality of leg
members, an upward facing surface of the storage pan providing a support surface
for storing items.
Exhibit 2 (686 patent) at 10:1-38.
69. Specifically, but without limitation, the Ethos Chair is a seating assembly that
includes a seat structure, a mounting bracket, a base, a base tube, a mounting collar, a support
arm, a tablet member, and at least one storage pan. See FIGs. B and C.
70. The Ethos Chair has a seat structure that includes a seat member having an
undersurface and a seat edge, as well as a mounting bracket mounted to the undersurface of the
seat member. See e.g., FIGs. B, C, and L.
71. The Ethos Chair has a base that includes a central hub and a plurality of legs
extending downward from the central hub to the lower leg ends. See e.g., FIGs. C and F.
72. The mounting bracket of the Ethos Chair is mounted to the base that is spaced
above the central hub of the Ethos Chair, which has a vertical axis passing through it. See e.g.,
FIGs. F and L.
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73. The Ethos Chair also includes a base tube mounted to and extending upward
along the vertical axis from the central hub. See e.g., FIGs. F, L, and M.
74. The Ethos Chair also includes a mounting collar mounted to the base tube for
rotation about the vertical axis, where the mounting collar is positioned proximate and below the
mounting bracket. The mounting collar is located at least in part between the mounting bracket
and the central hub of the Ethos Chair. See e.g., FIGs. F, L, and M.
75. The Ethos Chair includes a support arm with a first and second end. The first end
of the support arm is mounted to the mounting collar for rotation about the vertical axis. The
support arm of the Ethos Chair extends radially outward from the mounting collar along the
undersurface of the seat member of the Ethos Chair. The support arm of the Ethos Chair seating
assembly also extends upward to the second end upon which a tablet member is mounted with
the top surface of the table member is substantially horizontal. See e.g., FIGs. B, C (above) and
N (pictured below):
FIG. N
76. The Ethos Chair also includes at least one storage pan that is mounted to at least
first and second of the plurality of leg members and is upward facing to provide a support
surface for storing items. See e.g., FIGs. C and F.
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continues to be, undertaken with knowledge of the 686 patent and knowing those acts infringe at
least one claim of the 686 patent. Such acts constitute willful infringement and make this case
exceptional pursuant to 35 U.S.C. 284 and 285, and entitle Steelcase to enhanced damages
and reasonable attorney fees.
COUNT III
(PATENT INFRINGEMENT OF U.S. PATENT NO 9,044,087)
set forth herein.
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1. a seating assembly comprising:
a base comprising:
a plurality of casters;
a bottom ring supported by the casters;
a pan supported by the bottom ring and adapted to support articles above the floor
surface;
a central hub forming an upwardly opening cavity;
a plurality of legs extending outward and downward from the central hub to the
bottom ring and wherein the locations at which the legs connect to the bottom ring
are offset from the positions of the casters;
a one-piece molded seat shell comprising:
a seat member having an undersurface and four protrusions molded into and
extending downward from the undersurface of the seat member, each protrusion
adapted to receive a fastener;
a backrest; and
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first and second armrests;
a mounting bracket forming four apertures and including a female connector and
at least one rib member that extends downward adjacent the female connector, the
at least one rib member including end edges that forms first and second stop
surfaces, the mounting bracket attached to the bottom on the seat by passing
fasteners through the apertures and into the protrusions;
a support arm having first and second ends;
a mounting assembly including:
a cup member received in the upwardly opening cavity formed by the central hub,
the cup member forming an upwardly opening cavity;
a base tube having upper and lower ends, the lower end received in the upwardly
opening cavity formed by the cup member and the upper end engaging the female
connector;
a annular mounting collar supported by the cup member for rotation about a
substantially vertical axis, the support arm connected to the mounting collar and
extending to one side of an external surface of the mounting collar; and
a pivot cover forming an upwardly opening annular channel and an inverted U-

shaped opening, the pivot cover attached to the mounting collar with the first end
of the support arm extending through the inverted U-shaped opening and the at
least one rib member received within the annular channel; and
a tablet supported at the second end of the support arm.
Exhibit 3 (the 087 patent) at 9:62-10:44.
88. Specifically, but without limitation, the Ethos Chair is a seating assembly that
includes a base, a pan adapted to support articles above the floor and is supported by a bottom
ring, which is supported by a plurality of casters. See e.g., FIGs. C, F, and G.
89. The Ethos Chair also has a central hub that forms an upwardly opening cavity
with a plurality of legs extending outward and downward from the central hub to the bottom
ring. The plurality of legs are connected to the bottom ring but the locations at which the legs
connect are offset from the positions of the casters. See e.g., FIGs. F, G, and H.
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90. The Ethos Chair includes a seat member, which is a one-piece molded seat shell
with an undersurface, a backrest and two armrests. The seat member also has four protrusions
which are molded into and extending downward from the undersurface and adapted to receive a
fastener. See e.g., I, J and K (below):
FIG. I FIG. J FIG. K
91. The Ethos Chair includes a support arm having first and second ends. See e.g.,
FIGs. B, C and N.
92. The Ethos Chair also includes a mounting bracket that forms four apertures, a
female connector and at least one rib member that extends downward adjacent the female
connector. The mounting bracket is attached to the bottom of the seat by passing fasteners
through the apertures and into the protrusions. The rib member includes end edges that forms
first and second stop surfaces. See e.g., FIGs. F, K, and M (below):
FIG. F FIG. K FIG. M
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93. The Ethos Chair has a mounting assembly that includes a cup member which
forms an upwardly opening cavity formed by the central hub, a base tube where the lower end of
the tube is received in the upwardly opening cavity of the cup member and the upper end of the
tube is received by the female connector. The cup member supports an annular mounting collar
for rotation about a substantially vertical axis. The mounting collar is attached to a pivot cover
that forms an upwardly opening annular channel and an inverted U-shaped opening. See e.g.,
FIGs. F, K, and M.
94. Finally, the Ethos Chair has a tablet supported at the end of the support arm. See
e.g., FIGs. B, C and N.
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harm unless and until Haskells infringement is permanently enjoined by this Court
COUNT IV
(PATENT INFRINGEMENT OF U.S. PATENT NO 9,277,825)
set forth herein.
1. A seating unit for use in a space including a supporting floor surface, the
seating unit comprising:
a seat structure comprising a mounting bracket having a female connector;
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a tablet assembly comprising a support arm having a mounting collar on an end;

and
a base having a lower end to be supported by the floor surface and including a
base mounting assembly; and
wherein the base mounting assembly comprises a cup attached to the base, a base
tube having a first end inserted into the cup and a second end extending through
the mounting collar and mateably engaging the female connector; and
wherein the tablet assembly further comprises a bushing inserted into a bottom of
the mounting collar and a pivot cover nested over a top of the mounting collar and
the end of the support arm.
Exhibit 4 (the 825 patent) at 9:63-10:13.
106. Specifically, but without limitation, the Ethos Chair is a seating unit with a
supporting floor surface. The Ethos Chair has a seat structure that includes a mounting bracket
with a connector, a tablet assembly with a support arm and a mounting collar, and a base. See
e.g., FIGs. A-C, F, and M.
107. The base of the Ethos Chair has a lower end supported by the floor surface and
includes a base mounting assembly. See e.g., FIG. F.
108. The base mounting assembly of the Ethos Chair has a cup attached to the base
with one end of a base tube inserted into the cup while the other end extends through the
mounting collar to the connector. See e.g., FIGs. F, L, and M.
109. The Ethos Chair further includes a tablet assembly. See e.g., B, C, and N.
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COUNT V
set forth herein.
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119. Haskell had actual notice of the 237 Application under 35 U.S.C. 154(d).
patent by making, using, selling, offering to sell in the United States, and/or importing into the
United States, without authority, office and classroom furniture and seating solutions including,
121. For example, Haskell directly infringes at least claim 1 of the 685 patent, which
states:
The invention claimed is
1. A seating unit for use in a space including a floor surface, the seating unit
comprising:
a base including a continuous bottom ring adapted to be supported above the floor
surface, a pan attached to the bottom ring and including a top pan surface adapted
to support articles above the floor surface, the continuous bottom ring forming a
continuous and unbroken peripheral barrier about the top pan surface that extends
upward from the top pan surface and forming a top ring surface at a height above
the top pan surface, a central hub positioned above the pan and legs extending
from the central hub and connected at lower ends to the top ring surface, the top
pan surface disposed at a height lower than the top ring surface, the base further
including casters mounted below the bottom ring and supporting the bottom ring
above the floor surface; and
a seat structure comprising a one-piece seat shell rotatably attached to and

positioned above the central hub for rotation about a first vertical axis.
Exhibit 5 (685 patent) at col. 10:1-21.
122. Specifically, but without limitation, the Ethos Chair is a seating unit for use in a
space including a floor surface. See e.g., FIGs. A-C.
123. The Ethos Chair has a base with a continuous bottom ring adapted to be supported
above the surface of the floor and a pan attached to the bottom ring. See e.g., FIGs. C and F.
124. The pan attached to the bottom ring of the Ethos Chair base has a top surface
adapted to support articles above the floor. See e.g., FIGs. C and F.
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125. The bottom ring of the Ethos Chair base is continuous and forms an unbroken
peripheral barrier about the top pan surface that extends upward from the top pan surface and
forms a top ring surface above the top pan surface. See e.g., FIG. F.
126. The Ethos Chair base includes a central hub positioned above the pan and has
legs extending from it and connected at lower ends to the top ring surface. See e.g., FIG. F.
127. The top pan surface of the Ethos Chair base is disposed at a height lower than the
top ring surface. See e.g., FIG. F.
128. The base of the Ethos Chair base includes casters mounted below the bottom ring
and supports the bottom ring above the floor surface. See e.g., FIGs. C, F, G and H.
129. The Ethos Chair includes a seat structure that includes a one-piece seat shell
rotatably attached to and positioned above the central hub for rotation about a vertical axis. See
e.g., FIGs. A, F, I, J, and M.
130. Haskell and certain of its officers, agents, and employees have been aware of the
existence of the 237 Application since at least October 10, 2014, and the 685 patent since
March 8, 2016. Despite such knowledge, Haskell has continued to willfully engage in acts of
infringement without regard to the 237 Application and without regard to the 685 patent and
knowing those acts to infringe at least one claim of the 685 patent.
131. Upon information and belief, Haskells acts of infringement have been and
continues to be undertaken with knowledge of the 685 patent. Such acts constitute willful
infringement and make this case exceptional pursuant to 35 U.S.C. 284 and 285, and entitle
Steelcase to enhanced damages and reasonable attorney fees.
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infringement in an amount to be determined at trial.
COUNT VI
(PATENT INFRINGEMENT OF U.S. DESIGN PATENT NO. D679,923)
set forth herein.
137. The 923 patent is valid and enforceable.
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United States, without authority, office and classroom furniture and seating solutions that are
covered by one or more claims of the 923 patent, including but not limited to the Ethos Chair.
See Exhibit 16.
142. Haskells Ethos Chair base has an overall appearance that is substantially the
same as the claimed design in the 923 patent and incorporates the ornamental features claimed
therein.
143. An ordinary observer, giving such attention as a purchaser usually gives, would
be deceived and induced into purchasing the Ethos Chair believing it to be the design claimed in
the 923 patent.
144. Since at least October 11, 2013, Haskell and certain of its officers, agents, and
employees have been aware of the existence of the 923 patent and, despite such knowledge, has
continued to willfully engage in acts of infringement without regard to the 923 patent and
knowing those acts to infringe the claimed design of the 923 patent.
145. Upon information and belief, Haskells acts of infringement have been or will be
undertaken with knowledge of the 923 patent. Such acts constitute willful infringement and
make this case exceptional pursuant to 35 U.S.C. 284 and 285, and entitle Steelcase to
enhanced damages and reasonable attorney fees.
- 28 -
infringes the 923 patent.
COUNT VII
set forth herein.
- 29 -
but not limited to, the Echo Series products, that are covered by one or more claims of the 578
patent.
What is claimed is:
1. A display board system comprising:
a table including a top member and at least a first leg support member, the top
member forming a substantially flat top surface and circumscribed by an outer
edge, the at least one leg support member supporting the top member in a
substantially horizontal position;
a table dock secured to the top member adjacent a portion of the outer edge with a
portion of the table dock extending upward adjacent the outer edge, the table dock
forming an elongated table dock channel having a dock length dimension between
first and second ends, the dock channel opening upwardly and opening
horizontally at the first and second ends and having a base wall member at a
height below the substantially flat top surface of the top member, the dock
channel unobstructed by the top member; and
at least a first substantially flat display panel including a display surface on at

least a first of first and second oppositely facing and substantially parallel side
surfaces, the panel circumscribed by a panel edge, the panel edge having at least
one straight edge having a panel length dimension, the dock length dimension less
than panel length dimension;
wherein at least a portion of the straight edge of the panel is receivable within the
table dock channel with the panel extending out the open first and second ends of
the channel to support the display panel in a substantially upright orientation with
at least a portion of the display panel extending to a height above the flat top
surface.
Exhibit 7 (578 patent) at col. 21:54-22:17.
156. Specifically, but without limitation, the Echo Series products include a display
board system that has a top member with at least a leg support member, a table dock secured to
the top member, and at least a first substantially flat display panel wherein at least a portion of
the straight edge of the panel is receivable within the table dock. See Exhibit 11; see also, FIGs.
D-E (above), O and P (below):
- 30 -
FIG. O FIG. P
157. The Echo Series display board system has a table that includes a top member with
a substantially flat top surface with an outer edge and at least one leg support member supporting
the table in a substantially horizontal position. See e.g., FIGs. D, E, O and P; see Exhibit 11.
158. The Echo Series display board system further includes a table dock that is secured
to the top member. The table dock of the Echo Series display board system is adjacent to the
portion of the outer edge of the top member and a portion of the table dock extends upward
adjacent to the outer edge. See Exhibit 11; see e.g., FIGs. Q and R (below):
FIG. Q FIG. R
159. The table dock of the Echo Series display board system has two ends (a first and
second) that forms an elongated table dock channel that opens upwardly and horizontally. The
- 31 -
dock channel of the Echo Series display board system has a base wall member that is below the
substantially flat top surface of the top member and is unobstructed by the top member. See e.g.,
FIGs. Q and R; see also Exhibit 11.
160. The Echo Series display board system also includes at least a first substantially
flat display panel. The display panel of the Echo Series display board system is circumstanced
by a panel edge and has a display surface on at least a first of first and second oppositely facing
and substantially parallel side surfaces. The display panel edge has at least one straight edge that
is the length of the display panel and the dimension of the table dock is less than the display
panel length. See e.g., FIGs. D-E (above) and S (below); see also Exhibit 11.
FIG. S
161. At least a portion of the straight edge of the display panel of the Echo Series
display board system is receivable within the table dock channel with the display panel extending
out of the open first and second ends of the dock channel to support the display panel in a
substantially upright orientation and at least a portion of the display panel extending to a height
above the flat top surface. See e.g., FIGs. D-E, and S; see also Exhibit 11.
162. Since at least January 2016, Haskell and certain of its officers, agents, and
knowing those acts infringe at least one claim of the 578 patent.
- 32 -
to use, sell, offer for sale and/or import the Echo Series products, including the display board
system, into the United States knowing it infringes the 578 patent.
way of contributing to the infringement of one or more claims of the 578 patent by its
customers, including, but not limited, to Haskells dealers, distributors, re-sellers, and direct end-
customers to use, sell, offer for sale and/or import Haskells Echo Series products, including the
display board system and any component thereof into the United States knowing it infringes one
or more claims of the 578 patent. For example, Haskell contributes to this infringement by
making, using, selling, offering for sale and importing into the United States its Echo Series
products as well as by promoting, advertising, and/or instructing customers and potential
customers about its Echo Series products. See e.g., Exhibit 11.
- 33 -
COUNT VIII
set forth herein.
but not limited to, the Echo Series products, that are covered by one or more claims of the 589
patent.
A furniture configuration comprising:
a table assembly including a top member and a leg structure, the top member
forming a substantially flat top surface and circumscribed by an outer edge, the
leg structure supporting the top member in a substantially horizontal position at a
first height;
- 34 -
a first table dock supported by the table assembly adjacent the top surface and
forming a table dock channel that opens upwardly that is unobstructed by the top
member;
at least a first substantially flat display panel having a display surface on at least a
first of first and second oppositely facing and substantially parallel side surfaces,
the panel circumscribed by a panel edge; and
a first storage coupler supported by the table assembly at a second height below
the first height, the first storage coupler configured to releaseably receive at the
least a first panel;
Wherein the display panel is positionable in at least a first use position with a
portion of the panel edge gripped in the dock channel and the display panel
extending vertically upward adjacent the top surface of the top member and a
second storage position with the display panel engaged by the first storage coupler
and located below the top member and below the first height.
Exhibit 6 (the 589 patent) at col. 23:59-24:17.
175. Specifically, but without limitation, the Echo Series is a furniture configuration
that includes a table assembly, a first table dock, at least a first substantially flat display panel,
and first storage coupler. See e.g., FIGs. D-E, Q-S (above), T and U (below); see also Exhibit
11.
FIG. T FIG. U
176. The Echo Series furniture configuration includes a table assembly that has a top
member that has a substantially flat top surface that is circumscribed by an outer edge, and a leg
structure that supports the top member in a substantially horizontal position. See e.g., FIGs. D-E,
and O-P; see also Exhibit 11.
- 35 -
177. The Echo Series furniture configuration further includes a first table dock that is
supported by the table assembly adjacent to the top surface of the table assembly of the Echo
Series furniture configuration. The first table dock of the Echo Series furniture configuration
forms a table dock channel that opens upwardly and is unobstructed by the top member. See
e.g., FIGs. D-E, O-P, and Q-R; see also Exhibit 11.
178. The Echo Series furniture configuration includes at least a first substantially flat
display panel that is circumscribed by a panel edge and has a display surface on at least a first of
a first and second oppositely facing and substantially parallel side surfaces. See e.g., FIGs. D-E,
and S; see also Exhibit 11.
179. The table assembly of the Echo Series furniture configuration supports a first
storage coupler that is configured to releaseably receive at least the first display panel. The first
storage coupler is at a second height below the first height. See e.g., FIGs. E, U (above), and T
(below); see also Exhibit 11.
FIG. T
180. The display panel of the Echo Series furniture configuration is positionable in at
least a first use position with a portion of the display panel edge gripped in the dock channel and
extending vertically upward adjacent the top surface of the top member of the Echo Series
furniture configuration. See e.g., FIGs. S (below); see also Exhibit 11.
- 36 -
FIG. S
181. The display panel of the Echo Series furniture configuration provides a second
storage position with the display panel engaged by the first storage coupler and located below the
top member and below the first height. See e.g., FIG. U (below); see also Exhibit 11.
FIG. U
182. Since at least January 2016, Haskell and certain of its officers, agents, and
knowing those acts to infringe at least one claim of the 589 patent.
- 37 -
to use, sell, offer for sale and/or import the Echo Series products into the United States knowing
it infringes the 589 patent.
way of contributing to the infringement of one or more claims of the 589 patent by its
customers, including, but not limited, to Haskells dealers, distributors, re-sellers, and direct end-
customers to use, sell, offer for sale and/or import Haskells Echo Series products and any
component thereof into the United States knowing it infringes one or more claims of the 589
patent. For example, Haskell contributes to this infringement by making, using, selling, offering
for sale and importing into the United States its Echo Series products as well as by promoting,
advertising, and/or instructing customers and potential customers about its Echo Series products
and the infringing Echo Series furniture configuration. See e.g., Exhibit 11.
- 38 -
PRAYER FOR RELIEF
WHEREFORE, Steelcase prays for a Judgment that:
A. Haskell has infringed the 609 patent by making, using, selling, offering for sale
in the United States and/or importing into the United States products that are covered by the
claim of the 609 patent;
B. Haskell has infringed the 686 patent by making, using, selling, offering for sale
C. Haskell has infringed the 087 patent by making, using, selling, offering for sale
D. Haskell has infringed the 825 patent by making, using, selling, offering for sale
E. Haskell has infringed the 685 patent by making, using, selling, offering for sale
F. Haskell has infringed the 923 patent by making, using, selling, offering for sale
G. Haskell has infringed the 578 patent by making, using, selling, offering for sale
- 39 -
H. Haskell has infringed the 589 patent by making, using, selling, offering for sale
Haskell, its officers, directors, employees, agents, subsidiaries, licensees, servants,
successors and assigns, and any and all persons acting in privity or in concert or participation
with Defendant, be preliminarily and permanently enjoined from infringement all and/or any of
the Steelcase Patents under 35 U.S.C. 283;
I. An award of monetary damages adequate to compensate Steelcase for Haskells
infringement of all and/or any of the Steelcase Patents pursuant to 35 U.S.C. 284, including
provisional damages pursuant to 35 U.S.C. 154(d), together with pre-judgment and post-
judgment interest.
J. Additional remedies under 35 U.S.C. 289 for Haskells infringement of the 923
patent.
K. Enhanced damages pursuant to 35 U.S.C. 284 of up to three times the amount
found or assessed based on Haskells willful infringement;
L. An award of Steelcases reasonable attorneys fees and costs pursuant to 35
U.S.C. 285 or as otherwise permitted by law; and
M. For such other and further relief as the Court may deem just and proper.
- 40 -
JURY DEMAND
Steelcase hereby demands a trial by jury on all issues triable by jury.
Respectfully submitted,
Dated: February 27, 2017 By: /s/ Mark S. Pendery

Mark S. Pendery
MILLER, JOHNSON, SNELL & CUMMISKEY, P.L.C.
45 Ottawa Ave, SW Suite 1100
Grand Rapids, MI 49503
Telephone: 616.831.1700
Facsimile: 616.831.1701
Brent A. Hawkins (pro hac pending)

Teri H.P. Nguyen (pro hac pending)
MCDERMOTT WILL & EMERY LLP
275 Middlefield Road, Suite 100
Menlo Park, California 94025
Telephone: 650.815.7400
Facsimile: 650.815.7401
Attorneys for Plaintiff Steelcase, Inc.
- 41 -
MJ_DMS 28547664v1 88100-636

Steelcase v. Haskell Office - Complaint

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Case 1:17-cv-00182 ECF No. 1 filed 02/27/17 PageID.

UNITED STATES DISTRICT COURT

Plaintiff, Civil Action No.

HASKELL OFFICE LLC JURY TRIAL DEMANDED

Haskell Office LLC (Haskell):

1. Steelcase is a Michigan corporation, having a principal place of business at 901

44th Street, S.E., Grand Rapids, Michigan 49508.

2. Upon information and belief, Haskell is a Pennsylvania Corporation, having a

JURISDICTION AND VENUE

1331 and 1338(a).

to be shipped into and purchased by customers in this Judicial District.

place in this Judicial District.

STEELCASES LEGACY OF INNOVATION

Furniture Company in Grand Rapids, Michigan. Steelcase now is a global, industry-leading

manufacturer of office furniture and office space solutions.

7. Steelcases innovations have resulted in a comprehensive portfolio of products,

furnishings and servicessolutions addressing: interior architecture, furniture and technology

for use in the workplace, healthcare and education spaces.

Chair). The Node Chair is considered to be a pioneer in collaborative learning furniture.

the classroom setting.

10. Steelcase currently owns several patents on innovations in the educational

Verb series of products.

THE ASSERTED PATENTS

the 609 patent is attached as Exhibit 1.

of the 686 patent is attached as Exhibit 2.

the 087 patent is attached as Exhibit 3.

true and accurate copy of the 825 patent is attached as Exhibit 4.

true and accurate copy of the 685 patent is attached as Exhibit 5.

accurate copy of the 923 patent is attached as Exhibit 6.

and accurate copy of the 578 patent is attached as Exhibit 7.

accurate copy of the 589 patent is attached as Exhibit 8.

with respect to each of the Steelcase Patents.

HASKELLS INFRINGING ACTS

government and institutional enterprises.

Chair is publicly available at http://www.haskelloffice.com/resources/PDFs/Literature_Ethos.pdf

and attached as Exhibit 9.

FIG. A FIG. B FIG. C

26. ConfigurableClassroom.com is a website that posts articles and opinions of

process of creating the most effective student-centered, configurable classrooms. See

27. In October 2014, ConfigurableClassroom.com posted a review of the Haskell

available at http://configurableclassroom.com/21st-century-classroom-seating-haskell-ethos/ and

attached hereto as Exhibit 10.

literature describing the Echo Series is publicly available at

http://www.haskelloffice.com/resources/PDFs/Literature_ECHO.pdf and attached as Exhibit 11.

incorporates individual whiteboards and a fully integrated whiteboard system. Id.

the Ethos Chairs, as pictured in Figure E, below. See Exhibit 11.

as the Accused Products.

October 11, 2013 letter to Mr. Brown is attached as Exhibit 12.

claimed in the 923 patent.

October 10, 2014 letter to Mr. Zielinski is attached as Exhibit 14.

Steelcase, including the 578 patent and the 589 patent.

40. Despite the unequivocal notice provided by Steelcase, Haskell continues to

Accused Products without Steelcases authorization knowing the Accused Products to be

covered by at least one claim of each of the Steelcase Patents.

least one claim of each of the Steelcase Patents.

set forth herein.

infringement of the 609 patent under 35 U.S.C. 271 et seq.

The invention claimed is:

Exhibit 1 (the 609 patent) at col. 9:64-10:29.

plurality of pintle mounts extend downward. See FIGs. F, G and H (below).

the pan member. See FIGs. F, G and H.

assembly. See FIGs. F (above), L and M (below):

the pintle mounts. See FIGs. C, F, G, and H.

Steelcase to enhanced damages and reasonable attorney fees.