Mity Lite v. Blumenthal - Complaint

Case 2:17-cv-00459-RJS Document 2 Filed 05/22/17 Page 1 of 19
Peter M. de Jonge (7185)

Jed H. Hansen (10679)
THORPE, NORTH & WESTERN, LLP
175 S. Main Street, Suite 900
Salt Lake City, UT 84111
Telephone: (801) 566-6633
Facsimile: (801) 566-0750
Attorneys for Plaintiff Mity-Lite, Inc.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DISTRICT
MITY-LITE, INC., a Utah corporation
Plaintiff COMPLAINT
v.
BLUMENTHAL DISTRIBUTING, INC., Case No. 2:17-cv-00459

d/b/a OFFICE STAR PRODUCTS, a
California corporation, Judge Robert J. Shelby
Defendant.
Plaintiff Mity-Lite, Inc. (Mity-Lite) by and through its counsel hereby files this
Complaint with Jury Demand against Defendant Blumenthal Distributing, Inc. d/b/a Office Star
Products (OSP or Defendant).
COMPLAINT
Plaintiff complains and alleges as follows:
PARTIES, JURISDICTION, AND VENUE
1. Mity-Lite is a Utah corporation having a principal place of business at 1301 W
400 N, Orem, Utah 84057.
2. Upon information and belief, Defendant is a California company with its principal
place of business at 1901 Archibald Avenue, Ontario, CA 91761.
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3. Plaintiff brings this action under U.S. patent laws, 35 U.S.C. 1 et seq.
4. This Court has subject matter jurisdiction over this action under 28 U.S.C.
1331 and 1338.
5. Upon information and belief, this Court has specific personal jurisdiction over
Defendant as Defendant has purposefully directed its activities toward the state of Utah by
selling the products at issue in this case into the state of Utah.
6. This Court has supplemental jurisdiction over any state law, or statutory and
common law claims pursuant to 28 U.S.C. 1367.
7. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 because
Defendant conducts business in this district directly related to the patents at issue in this case, is
subject to the courts personal jurisdiction in this case, and a substantial part of the infringing
activity giving rise to the Plaintiffs causes of action occurred in this judicial district.
MITY-LITES RELATED PATENTS
8. Mity-Lite is in the business of designing, manufacturing, marketing, distributing,
and selling furniture products.
9. For nearly 30 years, Mity-Lite has manufactured and sold tables, chairs, carts,
flooring, staging, and partitions for a variety of markets, including without limitation the
hospitality, higher education, religious worship, government, healthcare, and restaurant
industries.
10. Mity-Lite is a pioneer in the development of furniture products, in particular,
folding chairs.
11. Many of Mity-Lites innovative products are covered by various utility and design
patents. One such product is a folding chair that has a mesh patterned plastic seat and backrest
2
that flexes to support the person sitting in the chair while reducing the weight of the chair and
remaining easy to clean.
12. Mity-Lite has expended the resources to seek patent protection for many of its
innovative products.
13. Among the patents that Mity-Lite has been awarded are the utility patents and
design patent listed below (the Patents-in-Suit), attached as Exhibits 1-5.
Patent Number Title

8,029,059 (the 059 Patent) Folding and Stacking Mesh Chair System
8,033,598 (the 598 Patent) Mesh Folding Chair
8,033,612 (the 612 Patent) Comfortable Mesh Folding Chair
9,492,014 (the 014 Patent) Mesh Folding Chair
D599,127 (the 127 Design Mesh Folding Chair

Patent)
DEFENDANT INFRINGES MITY-LITES PATENTS
14. Upon information and belief, Defendant is in the business of making, using,
selling, offering for sale, and/or importing into the United States a variety of consumer products,
including home and office furniture.
15. Upon information and belief, Defendant sells home and office furniture under the
Office Star Products and Work Smart brands, including chairs, tables, sofas, loveseats, storage
shelves, and storage dollys for chairs and tables.
16. Upon information and belief, Defendants products are sold through online
retailers and various distributors, where they are purchased by consumers throughout the United
States, including the State of Utah.
3
17. Upon information and belief, Defendant makes, uses, sells, offers for sale, and/or
imports into the United States at least two color variations of a Folding Chair with Screen Seat
and Back (items # FC8105NS-7/FC8105NP-3) under the Work Smart brand (the Screen
Infringing Chair). Two images of an example of the Screen Infringing Chair are shown below.
18. Upon information and belief, Defendant makes, uses, sells, offers for sale, and/or
imports into the United States at least two color variations of a folding chair featuring a
Ventilated seat and back (item # FC8105NS-7/FC8105NP-3) under the Work Smart brand (the
Ventilated Infringing Chair). Two images of an example of the Ventilated Infringing Chair are
shown below.
4
19. Upon information and belief, Defendant makes, uses, sells, offers for sale,
imports, and/or distributes the Screen Infringing Chair and the Ventilated Infringing Chair in the
United States, including the State of Utah.
20. The Screen Infringing Chair and the Ventilated Infringing Chair are representative
of OSP products that infringe Mity-Lites patent rights (the Accused Products).
21. Defendant has not obtained permission from Mity-Lite to use any of the rights
attendant to the Patents-in-Suit in connection with the Accused Products.
22. Upon information and belief, Defendants continued manufacture, use, sale, offer
for sale, import, and distribution of the Accused Products has injured, is injuring, and will
continue to cause irreparable injury to Mity-Lite.
23. Upon information and belief, Mity-Lite has been and continues to be significantly
damaged by Defendants actions. So long as Defendant continues performing the unlawful and
improper actions described in this Complaint, Mity-Lite will continue to suffer irreparable harm
that will not be fully compensable by money damages.
5
FIRST CAUSE OF ACTION

(Infringement of the 059 Patent)
24. Mity-Lite hereby incorporates by reference each and every preceding allegation of
this Complaint as if set forth fully herein.
25. Upon information and belief, at least one of the Accused Products infringes at
least one claim of the 059 Patent.
26. Upon information and belief, by making, using, selling, offering for sale, and/or
importing into the United States products, including at least the Ventilated Infringing Chair,
Defendant has in the past, does now, and continues to directly infringe, contributorily infringe,
and/or induce others to infringe the claims of the 059 Patent literally and/or under the doctrine
of equivalents, in violation of 35 U.S.C. 271.
27. Claim 1 of the 059 Patent is a representative claim. This claim states as follows:
A folding and stacking chair system comprising a plurality of folding and stacking chairs
having an unfolded seating position in which the chairs are configured for sitting upon,
and a folded and stacked position in which the chairs are folded and stacked together,
each chair comprising:
a) a seat and a backrest carried between opposite frame sides each with a backrest
support, a front leg and a rear leg, with the seat extending from the frame sides and
the front and rear legs moved apart in the unfolded seating position, and with the
seat pivoted towards the frame sides and the front and rear legs moved together in
the folded and stacked position;
b) the backrest having a continuous sheet of flexible and elastic mesh or patterned
open texture plastic held between the backrest supports of the frame sides;
c) the seat having a continuous sheet of flexible and elastic mesh or patterned open
texture plastic held between a seat frame fixed between the frame sides;
d) the rear legs of the frame sides have a tubular configuration with an open top end;
e) a pair of top stops each one disposed in a different one of the open top ends of the
rear legs; and
f) each top stop having an abutment surface to abut the front leg of an adjacent stacked
chair and an outer fin and an inner fin forming a stacking channel to receive the
front leg of the adjacent stacked chair.
6
28. A claim chart cross referencing the elements of Claim 1 with an explanation of
the infringing aspects of the Ventilated Infringing Chairan exemplary infringing productis
attached hereto as Exhibit 6 and is incorporated by reference herein.
29. Upon information and belief, Defendants customers and others are using, selling,
offering for sale or importing the Ventilated Infringing Chair and at no time has Mity-Lite
granted Defendants customers and other users of the Ventilated Infringing Chair permission,
license, or authorization to use, sell, offer for sale, or import the Ventilated Infringing Chair or to
practice the claims of the 059 Patent.
30. Accordingly, Defendants customers and users of the Ventilated Infringing Chair
have infringed and are directly infringing the 059 Patent.
31. Upon information and belief, Defendant was aware of the 059 Patent.
32. Upon information and belief, Defendant intended for its customers and others
who use, sell, offer for sale, or import the Ventilated Infringing Chair to use, sell, offer for sale,
or import the Ventilated Infringing Chair in a manner that Defendant knew, or should have
known, would infringe the 059 Patent.
33. Accordingly, Defendant has induced and is inducing its customers to infringe at
least claim 1 of the 059 Patent.
34. Furthermore, upon information and belief, features of the Ventilated Infringing
Chair marketed and sold by Defendant are a material part of the invention claimed by the 059
Patent and do not have a substantial non-infringing use.
35. Accordingly, Defendant has contributed and is contributing to the infringement of
the 059 Patent.
7
36. Upon information and belief, Defendants infringing activities have damaged
Mity-Lite in an amount to be proven at trial. Among other remedies, Mity-Lite is entitled to its
lost profits or, in the alternative, a reasonable royalty to adequately compensate it for
Defendants infringing activities. Additionally, the harm to Mity-Lite arising from these acts by
Defendant is not fully compensable by money damages. Mity-Lite has suffered, and continue to
suffer, irreparable harm that has no adequate remedy at law and that will continue unless this
infringing conduct by Defendant is preliminarily and permanently enjoined.
37. Upon information and belief, Defendant acted in an objectively reckless manner
with respect to Mity-Lites patent rights. Upon information and belief, Defendant made, used,
sold, and offered for sale its Ventilated Infringing Chair knowing that it was highly likely that its
acts would induce and contribute to the infringement of a valid patent. As a consequence,
Defendant has engaged in willful infringement of the 059 Patent. Mity-Lite is therefore entitled
to treble damages and attorneys fees as well as costs incurred in this action along with
prejudgment interest under 35 U.S.C. 284 and 285.
SECOND CAUSE OF ACTION

importing into the United States products, including at least the Screen Infringing Chair,
8
A folding chair, comprising:

support, a front leg and a rear leg, and having an unfolded seating position in which
the seat pivots to extend from the frame sides and bottoms of the front and rear legs
move apart, and a folded position in which the seat pivots toward the frame sides
and the front and rear legs move together;
b) the seat having a continuous sheet of flexible and elastic mesh or patterned open
texture plastic held across and substantially covering an opening in an all-plastic
seat hoop;
c) a pair of plastic lobes formed as one piece with the seat hoop on opposite sides
thereof and extending downwardly from the seat hoop in the unfolded seating
position;
d) the seat hoop being pivotally coupled between the frame sides with the front legs
pivotally coupled to the pair of plastic lobes and the rear legs pivotally coupled to
the all-plastic seat hoop; and
e) a plastic seat-support bar formed as one piece with the seat hoop and the pair of
plastic lobes and laterally traversing the seat hoop and extending from the seat hoop
and the pair of plastic lobes in front of the front legs when the seat hoop is in the
unfolded seating position.
the infringing aspects of the Screen Infringing Chairan exemplary infringing productis
offering for sale or importing the Screen Infringing Chair and at no time has Mity-Lite granted
Defendants customers and other users of the Screen Infringing Chair permission, license, or
authorization to use, sell, offer for sale, or import the Screen Infringing Chair or to practice the
claims of the 598 Patent.
44. Accordingly, Defendants customers and users of the Screen Infringing Chair
9
who use, sell, offer for sale, or import the Screen Infringing Chair to use, sell, offer for sale, or
import the Screen Infringing Chair in a manner that Defendant knew, or should have known,
would infringe the 598 Patent.
48. Furthermore, upon information and belief, features of the Screen Infringing Chair
marketed and sold by Defendant are a material part of the invention claimed by the 598 Patent
and do not have a substantial non-infringing use.
the 598 Patent.
sold, and offered for sale its Screen Infringing Chair knowing that it was highly likely that its
10
THIRD CAUSE OF ACTION

importing into the United States products, including at least the Screen Infringing Chair,

and the front and rear legs move together;
b) the seat having a continuous sheet of flexible and elastic mesh or patterned open
texture plastic held across and substantially covering an opening in an all-plastic
seat hoop;
c) a pair of plastic lobes formed as one piece with the seat hoop on opposite sides
thereof and extending downwardly from the seat hoop in the unfolded seating
position;
d) the seat hoop being pivotally coupled between the frame sides with the front legs
pivotally coupled to the pair of plastic lobes and the rear legs pivotally coupled to
the all-plastic seat hoop;
e) a plastic seat-support bar formed as one piece with the seat hoop and the pair of
plastic lobes and laterally traversing the seat hoop and extending from the seat hoop
11
and the pair of plastic lobes in front of the front legs when the seat hoop is in the
unfolded seating position;
f) the all-plastic seat hoop of the seat having:
i) opposite, parallel, substantially straight, hoop sides coupled to the frame sides;
and
ii) a front extending between the hoop sides and arcing downward with respect to
the chair in the unfolded seating position; and
g) the sheet of mesh or plastic forming a longitudinally convex arc leg relief near the
front of the seat hoop.
the infringing aspects of the Screen Infringing Chairan exemplary infringing productis
offering for sale or importing the Screen Infringing Chair and at no time has Mity-Lite granted
Defendants customers and other users of the Screen Infringing Chair permission, license, or
authorization to use, sell, offer for sale, or import the Screen Infringing Chair or to practice the
58. Accordingly, Defendants customers and users of the Screen Infringing Chair
who use, sell, offer for sale, or import the Screen Infringing Chair to use, sell, offer for sale, or
import the Screen Infringing Chair in a manner that Defendant knew, or should have known,
would infringe the 612 Patent.
12
62. Furthermore, upon information and belief, features of the Screen Infringing Chair
marketed and sold by Defendant are a material part of the invention claimed by the 612 Patent
and do not have a substantial non-infringing use.
the 612 Patent.
sold, and offered for sale its Screen Infringing Chair knowing that it was highly likely that its
FOURTH CAUSE OF ACTION

13
importing into the United States products, including, but not limited to the Ventilated Infringing
Chair and the Screen Infringing Chair, Defendant has in the past, does now, and continues to
directly infringe, contributorily infringe, and/or induce others to infringe the claims of the 014
Patent literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. 271.

and the front and rear legs move together; and
b) one or both of the seat and the backrest having a continuous sheet of flexible and
elastic patterned open texture plastic held taut across and substantially covering an
opening in an all-plastic hoop fixed between the frame sides, wherein the sheet of
patterned open texture plastic is formed together with the all-plastic hoop as a single
unit by injection molding.
the infringing aspects of the Ventilated Infringing Chair and the Screen Infringing Product
exemplary infringing productsis attached hereto as Exhibit 9 and is incorporated by reference
herein.
offering for sale or importing the Ventilated Infringing Chair or the Screen Infringing Chair and
at no time has Mity-Lite granted Defendants customers and other users of the Ventilated
Infringing Chair or the Screen Infringing Chair, license, or authorization to use, sell, offer for
14
sale, or import the Ventilated Infringing Chair or the Screen Infringing Chair or to practice the
and users of the Screen Infringing Chair have infringed and are directly infringing the 014
Patent.
who use, sell, offer for sale, or import the Ventilated Infringing Chair or the Screen Infringing
Chair to use, sell, offer for sale, or import the Ventilated Infringing Chair or the Screen
Infringing Chair in a manner that Defendant knew, or should have known, would infringe the
014 Patent.
76. Furthermore, upon information and belief, features of the Ventilated Infringing
Chair and the Screen Infringing Chair marketed and sold by Defendant are material parts of the
invention claimed by the 014 Patent and do not have substantial non-infringing uses.
the 014 Patent.
15
sold, and offered for sale its Ventilated Infringing Chair and Screen Infringing Chair knowing
that it was highly likely that its acts would induce and contribute to the infringement of a valid
patent. As a consequence, Defendant has engaged in willful infringement of the 014 Patent.
Mity-Lite is therefore entitled to treble damages and attorneys fees as well as costs incurred in
this action along with prejudgment interest under 35 U.S.C. 284 and 285.
FIFTH CAUSE OF ACTION

(Infringement of the 127 Design Patent)
least one embodiment of the 127 Design Patent.
importing into the United States products, including, but not limited to the Ventilated Infringing
Chair and the Screen Infringing Chair, Defendant has in the past, does now, and continues to
directly infringe, contributorily infringe, and/or induce others to infringe the ornamental design
covered by the 127 Design Patent in violation of 35 U.S.C. 271.
83. A chart comparing the embodiments of 127 Design Patent to the Ventilated
Infringing Chair and the Screen Infringing Productexemplary infringing productsis attached
hereto as Exhibit 10 and is incorporated by reference herein.
16
offering for sale or importing the Ventilated Infringing Chair or the Screen Infringing Chair and
at no time has Mity-Lite granted Defendants customers and other users of the Ventilated
Infringing Chair or the Screen Infringing Chair, license, or authorization to use, sell, offer for
sale, or import the Ventilated Infringing Chair or the Screen Infringing Chair or to utilize the
embodiments of the 127 Design Patent.
and users of the Screen Infringing Chair have infringed the ornamental design covered by the
127 Design Patent.
86. Upon information and belief, Defendant was aware of the 127 Design Patent.
who use, sell, offer for sale, or import the Ventilated Infringing Chair or the Screen Infringing
Chair to use, sell, offer for sale, or import the Ventilated Infringing Chair or the Screen
Infringing Chair in a manner that Defendant knew, or should have known, would infringe the
127 Design Patent.
least one embodiment of the 127 Design Patent.
89. Defendant infringes the 127 Design Patent because, inter alia, in the eye of an
ordinary observer, giving such attention as purchaser usually gives, the ornamental design of the
127 patent and the designs of the Accused Products, including but without limitation to the
designs of the Screen Infringing Chair and Ventilated Infringing Chair are substantially the same,
the resemblance being such as to deceive an ordinary observer, inducing him to purchase one
supposing it to be the other.
17
the 127 Design Patent.
sold, and offered for sale its Ventilated Infringing Chair and Screen Infringing Chair knowing
that it was highly likely that its acts would induce and contribute to the infringement of a valid
patent. As a consequence, Defendant has engaged in willful infringement of the 127 Design
Patent. Mity-Lite is therefore entitled to treble damages and attorneys fees as well as costs
incurred in this action along with prejudgment interest under 35 U.S.C. 284 and 285.
WHEREFORE, it is respectfully requested that the Court enter judgment in favor of
Plaintiffs as follows:
A. That the Court enter judgment that Defendant has infringed the Patents-in-Suit
either directly and/or by the doctrine of equivalents;
B. That the Court enter judgment that Defendant has induced the infringement of the
Patents-in-Suit;
18
C. That the Court enter judgment that Defendant has contributorily infringed the
Patents-in-Suit;
D. That Defendant be ordered to pay damages to Mity-Lite, together with interest, in
an amount to be determined by this Court;
E. That the Court award Mity-Lite treble damages pursuant to 35 U.S.C. 284;
F. That the Court award Mity-Lite punitive damages;
G. That the Court award Mity-Lite costs and attorneys fees related to this action
pursuant to 35 U.S.C. 285;
H. That the Court award Mity-Lite prejudgment interest;
I. That Mity-Lite has such other and further relief as shall seem just and proper to
the Court; and
J. That the Court grant preliminary and permanent injunctive relief enjoining
Defendant, its officers, directors, principals, agents, servants, employees, successors and assigns,
and all other aiding, abetting, or acting in concert or active participation therewith, from directly
or indirectly infringing the Patents-in-Suit, including with limitation, precluding Defendant from
making, using, selling, offering for sale, or importing the Accused Products.
JURY DEMAND
Mity-Lite demands that all claims and causes of action raised in this Complaint be tried to a
jury to the fullest extent possible under the United States and Utah Constitutions.
DATED this 22nd day of May, 2017 THORPE NORTH & WESTERN, LLP
/s/ Peter M. de Jonge

Peter M. de Jonge
Jed H. Hansen
Attorneys for Plaintiff Mity-Lite, Inc.
19
Case
Case2:17-cv-00459-RJS
2:17-cv-00459-RJS Document
Document2-1
1 Filed
Filed05/22/17
05/22/17 Page
Page11ofof11
JS 44 (Rev 08/16) CIVIL COVER SHEET
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 INS71WCT!ONS ON NEXT PAGE OF THIS FORI\lf)
I. (a) PLAINTIFFS DEFENDANTS

Mity-Lite, Inc. Blumenthal Distributing, Inc., d/b/a Office Start Products
(b) County of Residence of First Listed Plaintiff _U_t_a_h_C_o_u_nt~y______ County of Residence of First Listed Defendant
(l:XCEPT IN US PLAINTIFF CASES) (IN US PL4/NTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOL YEO.
( C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (!{Known)

Peter M. de Jonge Thorpe North & Western, LLP
Jed H. Hansen 175 South Main Street, Suite 900
Salt Lake City, UT 84111
II. BASIS OF JURISDICTION (Place an "X" mone Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" m One Boxfiir Plaintiff
(For !J1versity Cases Only) and One Boxfbr Defendant)
0 I U.S. Government ~ 3 Federal Question PTF DEF PTF DEF
Plaintiff (11.S Gowrnment Nol a }'arty) Citizen of This State 0 I 0 Incorporated or Principal Place 0 4 0 4
of Business In This State
0 2 U.S. Government 0 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 0 5
Defendant (Indicate Citizenship o/Parlles in Item ff!) of Business In Another State
Citizen or Subject of a 0 0 3 Foreign Nation 0 6 0 6

Forei n Coun
IV. NATURE OF SUIT (Place an "X" in one Box Only) Click here for: Nature of Sult ( ode l )escriptions.
I CONTRACT TORTS FORFEJTUK1c1.-ENALTY BANKRUPTCY OTHER STATUTES I
0 11 O Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure o 422 Appeal 28 use 158 0 375 False Claims Act
0 120 Marine 0 3 I 0 Airplane 0 365 Personal Injury - of Property 21 USC 881 0 423 Withdrawal 0 376 Qui Tam (31 USC
n 130 Miller Act 0 3 15 Airplane Product Product Liability 0 690 Other 28USCl57 3729(a))
0 140 Negotiable Instrument Liability 0 367 Health Care/ 0 400 State Reapportionment
0 150 Recovery of Overpayment
& Enforcement of Judgment
0 320 Assault, Libel &
Slander
Pharmaceutical
Personal Injury
.
0 820 Copyrights
- -- "" 0 410 Antitrust
D 430 Banks and Banking
0 15 I Medicare Act 0 330 Federal Employers' Product Liability ~ 830 Patent 0 450 Commerce
0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 840 Trademark 0 460 Deportation
Student Loans 0 340 Marine Injury Product 0 470 Racketeer Influenced and
(Excludes Veterans) 0 345 Marine Product liability J,A\.RflR "',.,. ..... SEr 'llKITY Corrupt Organizations
n 153 Recovery of Overpayment Liability PERSONAL PROPERTY 0 710 Fair Labor Standards 0 861 HIA (1395ff) 0 480 Consumer Credit
of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) 0 490 Cable/Sat TV
0 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 Truth in Lending 0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) 0 850 Securities/Commodities/
0 190 Other Contract Product Liability 0 380 Other Personal Relations 0 864 SSID Title XVI Exchange
CJ 195 Contract Product Liability 0 360 Other Personal Property Damage 0 740 Railway Labor Act 0 865 RSI (405(g)) 0 890 Other Statutory Actions
:"1 196 Franchise Injury 0 385 Property Damage 0 751 Family and Medical 0 891 Agricultural Acts
0 362 Personal Injury - Product Liability Leave Act 0 893 Environmental Matters
Medical Malpractice 0 790 Other Labor Litigation 0 895 Freedom of Information
I REAL PROPERTY CIVIL RIGHTS PRISONER PETmONS 0 791 Employee Retirement FEDERAL 'I'AX SUITS Act
0 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes (U.S. Plaintiff 0 896 Arbitration
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee or Defendant) 0 899 Administrative Procedure
0 230 Rent Lease & Ejectment 0 442 Employment CJ 510 Motions to Vacate 0 871 IRS--Third Party Act/Review or Appeal of
0 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 Agency Decision
0 245 Tort Product Liability Accommodations 0 530 General 0 950 Constitutionality of
D 290 All Other Real Property 0 445 Amer. w/Disabilities - 0 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 0 462 Naturalization Application
0 446 Amer. w/Disabilities - 0 540 Mandamus & Other 0 465 Other Immigration
Other 0 550 Civil Rights Actions
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee -
Conditions of
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~I Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict 0 8 Multidistrict
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(1pecifY) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271
1--------------------------------------
VI. CAUSE OF ACTION Brief description of cause
Infringement of Patent
VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND$ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: M Yes 0 No
VIII. RELATED CASE(S)
(See instrucltons):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
05/22/2017 Isl Peter M. de Jonge
FOR OFFICE USE ONLY Case: 2:17-cv-00459
RECEIPT# AMOUNT APPL YING IFP Assigned To : Shelby, Robert J.
Assign. Date : 5/22/2017
Description: Mity-Lite v. Blumenthal
Case 2:17-cv-00459-RJS Document 2-2 Filed 05/22/17 Page 1 of 32
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
059 Patent Claim 1 Ventilated Infringing Chair
A folding and stacking chair system comprising a plurality of folding The Ventilated Infringing Chair is promoted as a folding chair that can
and stacking chairs having an unfolded seating position in which the be stacked together.
chairs are configured for sitting upon, and a folded and stacked
position in which the chairs are folded and stacked together, each chair
comprising:
a seat and a backrest carried between opposite frame sides each The Ventilated Infringing Chair has a seat and a backrest supported
with a backrest support, a front leg and a rear leg, with the seat between opposite frame sides. Each side of the frame has two legs, a
extending from the frame sides and the front and rear legs moved front leg and a rear leg. When the Infringing Chair is unfolded, the
apart in the unfolded seating position, and with the seat pivoted seat folds down and extends away from the sides of the frame while
towards the frame sides and the front and rear legs moved together the bottoms of the front and rear legs move apart. When the Infringing
in the folded and stacked position; Chair is folded up, the seat folds up and rests between the two sides of
the frame while the front and rear legs on each side come together.
the backrest having a continuous sheet of flexible and elastic mesh The backrest of the Ventilated Infringing Chair is made of flexible and
or patterned open texture plastic held between the backrest continuous sheet of patterned open texture plastic. The backrest is
supports of the frame sides; held between the backrest supports of the frame sides.
the seat having a continuous sheet of flexible and elastic mesh or The seat of the Ventilated Infringing Chair is made of flexible and
patterned open texture plastic held between a seat frame fixed continuous sheet of patterned open texture plastic. The seat is held
between the frame sides; between a seat frame, between the frame sides.
the rear legs of the frame sides have a tubular configuration with Upon information and belief, the rear legs of the frame sides have a
an open top end; tubular configuration with an open top end.
a pair of top stops each one disposed in a different one of the open Each leg holds a top stop at the end of the open top end.
top ends of the rear legs; and
each top stop having an abutment surface to abut the front leg of Each top stop utilizes an abutment surface to abut the front leg of the
an adjacent stacked chair and an outer fin and an inner fin forming adjacent stacked chair. These abutment surfaces contain inner and
a stacking channel to receive the front leg of the adjacent stacked outer fins to form stacking channels. These stacking channels are used
chair. to receive the front leg of the adjacent stacked chair.
Exhibit 7
598 Patent Claim 1 Screen Infringing Chair
a seat and a backrest carried between The Screen Infringing Chair has a seat and a backrest supported between opposite frame
opposite frame sides each with a backrest sides. Each side of the frame has two legs, a front leg and a rear leg. When the Infringing
support, a front leg and a rear leg, and Chair is unfolded, the seat folds down and extends away from the sides of the frame while
having an unfolded seating position in the bottoms of the front and rear legs move apart. When the Infringing Chair is folded up, the
which the seat pivots to extend from the seat folds up and rests between the two sides of the frame while the front and rear legs on
frame sides and bottoms of the front and each side come together.
rear legs move apart, and a folded position
in which the seat pivots toward the frame
sides and the front and rear legs move
together;
the seat having a continuous sheet of The seat of the Screen Infringing Chair is made of a flexible and continuous sheet of
flexible and elastic mesh or patterned open patterned open texture plastic. The open texture plastic is held across and substantially
texture plastic held across and substantially covers an opening in the all-plastic seat hoop.
covering an opening in an all-plastic seat
hoop;
a pair of plastic lobes formed as one piece The seat of the Screen Infringing Chair contains a pair of plastic lobes. The lobes are formed
with the seat hoop on opposite sides thereof as one piece with the seat hoop. The lobes are on opposite sides of the seat hoop and extend
and extending downwardly from the seat down from the seat hoop when in the unfolded seating position.
hoop in the unfolded seating position;
the seat hoop being pivotally coupled The seat hoop of the Screen Infringing Chair is pivotally attached between the frame sides.
between the frame sides with the front legs The front legs of the Screen Infringing Chair are pivotally attached to the plastic lobes. The
pivotally coupled to the pair of plastic lobes rear legs of the Screen Infringing Chair are pivotally attached to the seat hoop.
and the rear legs pivotally coupled to the all-
plastic seat hoop; and
a plastic seat-support bar formed as one The plastic seat of the Screen Infringing Chair utilizes a series of seat-support bars. These
piece with the seat hoop and the pair of seat support bars are formed as one piece with the seat hoop and the plastic lobes. The seat-
plastic lobes and laterally traversing the seat support bars laterally traverse the seat hood. At least one seat support bar extends from the
hoop and extending from the seat hoop and seat hood and the pair of plastic lobes in front of the legs when the seat hoop is in the
the pair of plastic lobes in front of the front unfolded seating position.
legs when the seat hoop is in the unfolded
seating position.
Exhibit 8
together;
the seat having a continuous sheet of The seat of the Screen Infringing Chair is made of a flexible and continuous sheet of
flexible and elastic mesh or patterned open patterned open texture plastic. The open texture plastic is held across and substantially
texture plastic held across and substantially covers an opening in the all-plastic seat hoop.
covering an opening in an all-plastic seat
hoop;
a pair of plastic lobes formed as one piece The seat of the Screen Infringing Chair contains a pair of plastic lobes. The lobes are formed
with the seat hoop on opposite sides thereof as one piece with the seat hoop. The lobes are on opposite sides of the seat hoop and extend
and extending downwardly from the seat down from the seat hoop when in the unfolded seating position.
hoop in the unfolded seating position;
the seat hoop being pivotally coupled The seat hoop of the Screen Infringing Chair is pivotally attached between the frame sides.
between the frame sides with the front legs The front legs of the Screen Infringing Chair are pivotally attached to the plastic lobes. The
pivotally coupled to the pair of plastic lobes rear legs of the Screen Infringing Chair are pivotally attached to the seat hoop.
and the rear legs pivotally coupled to the all-
plastic seat hoop;
a plastic seat-support bar formed as one The plastic seat of the Screen Infringing Chair utilizes a series of seat-support bars. These
piece with the seat hoop and the pair of seat support bars are formed as one piece with the seat hoop and the plastic lobes. The seat-
plastic lobes and laterally traversing the seat support bars laterally traverse the seat hood. At least one seat support bar extends from the
hoop and extending from the seat hoop and seat hood and the pair of plastic lobes in front of the legs when the seat hoop is in the
the pair of plastic lobes in front of the front unfolded seating position.
legs when the seat hoop is in the unfolded
seating position;
the all-plastic seat hoop of the seat having:
opposite, parallel, substantially straight, The all-plastic seat hoop utilizes opposite, parallel and substantially straight hoop sides that
hoop sides coupled to the frame sides; and are attached to the frame sides.
a front extending between the hoop sides The front of the all-plastic seat extends between the hoop sides and arcs downward, with
and arcing downward with respect to the respect to the chair in the unfolded position.
chair in the unfolded seating position; and
the sheet of mesh or plastic forming a The sheet of plastic forms a longitudinally convex arc at the front of the seat hoop. This arc
longitudinally convex arc leg relief near the is formed to provide comfort and leg relief for the user.
front of the seat hoop.
Exhibit 9
014 Patent Claim 1 Ventilated Infringing Chair

a seat and a backrest carried between The Ventilated Infringing Chair has a seat and a backrest supported between opposite frame
together; and
one or both of the seat and the backrest The seat and backrest of the Ventilated Infringing Chair are made of a flexible plastic resin.
having a continuous sheet of flexible and The seat and backrest each have a solid perimeter with a mesh patterned inner surface. The
elastic patterned open texture plastic held perimeter of the seat and backrest forms a hoop, and the openings are covered in large part
taut across and substantially covering an by a patterned mesh made of plastic resin. The seat and backrest of the Ventilated Infringing
opening in an all-plastic hoop fixed between Chair is formed as a single piece by injection molding.
the frame sides, wherein the sheet of
patterned open texture plastic is formed
together with the all-plastic hoop as a single

together; and
one or both of the seat and the backrest At least the seat of the Screen Infringing Chair is made of a flexible plastic resin. The seat
having a continuous sheet of flexible and and backrest each have a solid perimeter with a mesh patterned inner surface. At least the
elastic patterned open texture plastic held perimeter of the seat forms a hoop, and the opening is covered in large part by a patterned
taut across and substantially covering an mesh made of plastic resin. The seat of the Screen Infringing Chair is formed as a single
opening in an all-plastic hoop fixed between piece by injection molding.
the frame sides, wherein the sheet of
patterned open texture plastic is formed
together with the all-plastic hoop as a single
Exhibit 10
127 Design Patent Screen Infringing Chair

127 Design Patent Ventilated Infringing Chair

Mity Lite v. Blumenthal - Complaint

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Case 2:17-cv-00459-RJS Document 2 Filed 05/22/17 Page 1 of 19

Peter M. de Jonge (7185)

Attorneys for Plaintiff Mity-Lite, Inc.

IN THE UNITED STATES DISTRICT COURT

MITY-LITE, INC., a Utah corporation

BLUMENTHAL DISTRIBUTING, INC., Case No. 2:17-cv-00459

Products (OSP or Defendant).

Plaintiff complains and alleges as follows:

PARTIES, JURISDICTION, AND VENUE

1. Mity-Lite is a Utah corporation having a principal place of business at 1301 W

400 N, Orem, Utah 84057.

place of business at 1901 Archibald Avenue, Ontario, CA 91761.

1331 and 1338.

common law claims pursuant to 28 U.S.C. 1367.

7. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 because

MITY-LITES RELATED PATENTS

8. Mity-Lite is in the business of designing, manufacturing, marketing, distributing,

and selling furniture products.

hospitality, higher education, religious worship, government, healthcare, and restaurant

10. Mity-Lite is a pioneer in the development of furniture products, in particular,

remaining easy to clean.

design patent listed below (the Patents-in-Suit), attached as Exhibits 1-5.

Patent Number Title

8,033,598 (the 598 Patent) Mesh Folding Chair

8,033,612 (the 612 Patent) Comfortable Mesh Folding Chair

9,492,014 (the 014 Patent) Mesh Folding Chair

D599,127 (the 127 Design Mesh Folding Chair

DEFENDANT INFRINGES MITY-LITES PATENTS

including home and office furniture.

shelves, and storage dollys for chairs and tables.

States, including the State of Utah.

United States, including the State of Utah.

attendant to the Patents-in-Suit in connection with the Accused Products.

continue to cause irreparable injury to Mity-Lite.

that will not be fully compensable by money damages.

FIRST CAUSE OF ACTION

this Complaint as if set forth fully herein.

least one claim of the 059 Patent.

of equivalents, in violation of 35 U.S.C. 271.

attached hereto as Exhibit 6 and is incorporated by reference herein.

practice the claims of the 059 Patent.

have infringed and are directly infringing the 059 Patent.

known, would infringe the 059 Patent.

least claim 1 of the 059 Patent.

Patent and do not have a substantial non-infringing use.

35. Accordingly, Defendant has contributed and is contributing to the infringement of

the 059 Patent.

infringing conduct by Defendant is preliminarily and permanently enjoined.

prejudgment interest under 35 U.S.C. 284 and 285.

SECOND CAUSE OF ACTION

this Complaint as if set forth fully herein.

least one claim of the 598 Patent.

of equivalents, in violation of 35 U.S.C. 271.

A folding chair, comprising:

attached hereto as Exhibit 7 and is incorporated by reference herein.

claims of the 598 Patent.

have infringed and are directly infringing the 598 Patent.

would infringe the 598 Patent.

least claim 1 of the 598 Patent.

and do not have a substantial non-infringing use.

49. Accordingly, Defendant has contributed and is contributing to the infringement of

the 598 Patent.

infringing conduct by Defendant is preliminarily and permanently enjoined.

prejudgment interest under 35 U.S.C. 284 and 285.