Knoll v. HNI - Complaint

Case 2:18-cv-00019-JP Document 1 Filed 01/03/18 Page 1 of 25
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA
:
KNOLL, INC., AND :
FORMWAY FURNITURE LIMITED :
: CIVIL ACTION NO. ______________
Plaintiffs, :
:
v. :
:
HNI CORPORATION AND :
ALLSTEEL, INC. :
:
Defendants. :
:
COMPLAINT FOR DESIGN PATENT INFRINGEMENT
1. Plaintiffs Knoll, Inc. (“Knoll”) and Formway Furniture Limited (“Formway”)
(collectively referred to as “Plaintiffs”) by and through its undersigned counsel hereby assert
their Complaint against Defendants HNI Corporation (“HNI”) and Allsteel, Inc. (“Allsteel”)
(collectively referred to herein as “Defendants”) and hereby alleges as follows:
NATURE OF THE ACTION
2. This is an action for patent infringement arising under the Patent Laws of the
United States, 35 U.S.C. § 1 et seq.
THE PARTIES
3. Knoll is a corporation organized under the laws of the State of Delaware with a
place of business at 1235 Water St., East Greenville, Pennsylvania 18041.
4. Knoll does business in Pennsylvania and the Eastern District of Pennsylvania.
5. Formway is a corporation organized under the laws of New Zealand with a place
of business at 43b Seaview Road, Seaview, Lower Hutt. 5010 New Zealand.
6. Formway is the owner of U.S. Patent No. D638,232, a true and correct copy of
which is attached hereto as Exhibit A.
7. HNI Corp. (also referred to as “HNI”) does business in Pennsylvania and in the
Eastern District of Pennsylvania. HNI has a place of business at 600 East Second Street,
Muscatine, Iowa 52761.
8. HNI offers for sale, sells, distributes, makes, and/or imports office furniture into
the United States, in Pennsylvania, and this judicial district.
9. HNI has personnel located in Pennsylvania and in the Eastern District of
Pennsylvania who are responsible for regularly working in Pennsylvania and in this judicial
district.
10. HNI has and/or operates at least one place of business located in Pennsylvania
and at least one place of business in this judicial district from which its personnel regularly
conducts business in this judicial district.
11. For example, Elizabeth C. Guillory, Vice President of HNI Strategic Accounts, is
located in the Philadelphia region, works in the Philadelphia region, and is responsible for the
marketing, pricing, distribution, and strategic direction across all markets and furniture brands of
HNI. These furniture brands include the Allsteel brand. (Elizabeth C. Guillory public Linkedin
Profile, a printout of which is attached hereto as Exhibit B). Ms. Guillory works on behalf of
HNI at an HNI location within Pennsylvania and this judicial district to provide strategic
direction on behalf of HNI that is to be implemented by HNI’s furniture operating divisions,
which includes Allsteel. (Ex. B).
12. HNI personnel include Dena Hlatky, who is the Group Human Resources
Manager at HNI and is located in the greater Philadelphia area. Ms. Hlatky works on behalf of
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HNI at an HNI location located within Pennsylvania. (Dena Hlatky public Linkedin Profile, a
printout of which is attached hereto as Exhibit C). The work that Ms. Hlatky performs for HNI
includes human resources related work that helps support HNI’s Fireside Hearth and Home
brand. On information and belief, Ms. Hlatky works on behalf of HNI to serve as a strategic
business partner to the senior vice president of HNI’s Fireside Hearth and Home division to
facilitate this operating divisions operational goals and needs. (Ex. C).
13. On information and belief, HNI at least has managerial personnel located in this
judicial district and in Pennsylvania that are responsible for HNI business operations in this
judicial district and engage in business operations and services on behalf of HNI in this judicial
district.
14. The work performed by HNI personnel in Pennsylvania and in this judicial district
are performed in a steady, uniform, orderly, and methodical manner in connection with HNI’s
operations. Further, the HNI personnel, which includes at least Ms. Hlatky and Ms. Guillory,
are performed at one or more HNI places of business located in Pennsylvania. At least one
such place of business is also within this judicial district.
15. On information and belief, HNI offers for sale, sells, distributes, makes, and/or
imports office furniture into the United States, Pennsylvania, and this judicial district.
16. Allsteel, Inc. (also referred to herein as “Allsteel”) is an operating unit of HNI.
Allsteel has a place of business at 2210 Second Avenue, Muscatine, Iowa 52761.
17. Allsteel does business in Pennsylvania and in the Eastern District of
Pennsylvania.
18. Allsteel has personnel located in Pennsylvania and in the Eastern District of
Pennsylvania who are responsible for regularly working in this judicial district.
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19. Allsteel has and/or operates at least one place of business located in Pennsylvania
and at least one place of business in this judicial district from which its personnel regularly
conducts business in Pennsylvania and in this judicial district.
20. For example, Allsteel at least has business development managers who are located
in Pennsylvania and in this judicial district that are responsible for Allsteel business operations in
Pennsylvania and in this judicial district and engage in business operations and services on
behalf of Allsteel in Pennsylvania and in this judicial district.
21. Allsteel personnel, which include at least its business development manager
personnel, engage in regular and continuous business operations in Pennsylvania and in this
judicial district that includes facilitating corporate relationships Allsteel has with its customers in
this judicial district, assisting customers in identifying ways Allsteel’s products and services
meet their customers’ office furniture needs consistent with Allsteel’s corporate objectives.
Allsteel personnel conduct these operations on behalf of Allsteel as a representative, employee,
and agent of Allsteel and HNI.
22. Allsteel advises its customers and potential customers to utilize their business
development mangers located in Pennsylvania and this judicial district to obtain Allsteel’s
products and/or services.
23. Allsteel offers for sale, sells, distributes, makes, and/or imports office furniture
into the United States and this judicial district.
JURISDICTION AND VENUE
24. This is an action for patent infringement arising under the Patent laws of the
United States, Title 35 of the United States Code.
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25. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§
1331 and 1338.
26. Defendants have and are engaged in business in Pennsylvania and the Eastern
District of Pennsylvania, including advertising and offering to sell their infringing Lyric Multi-
Purpose chairs in this judicial district, shipping said chairs directly or indirectly into or through
Pennsylvania, including through this judicial district, and having sold and/or participated in the
sale of said chairs in this judicial district.
27. Defendants directly and/or through their coordinated distribution network
regularly place their Lyric Multi-Purpose chairs in the stream of commerce with the knowledge
and/or understanding that such products will be sold and used in this judicial district.
Defendants are subject to the general jurisdiction of this Court because they have regular and
systemic contacts with this forum such that the exercise of jurisdiction over it will not offend
the traditional notions of fair play and substantial justice.
28. Further, this Court has personal jurisdiction over Defendants because Defendants
have established minimum contacts with the forum such that the exercise of personal
jurisdiction over Defendants will not offend the traditional notions of fair play and substantial
justice.
29. In addition, this Court has personal jurisdiction over Defendants because
Defendants have knowingly and actively engaged in acts that have infringed and will infringe
and/or contribute, induce, aid, and/or abet the direct infringement of claims of the U.S. Patent
No. D638,232 in this judicial district.
30. Venue is proper pursuant to 28 U.S.C. § 1400(b) because Defendants have
committed acts of infringement in this judicial district, do business in this judicial District, and
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have at least one regular and established place of business in Pennsylvania. See e.g. In re Cray
Inc. 2017 WL 4201535, *5-6, -- F.3d -- (Fed. Cir. 2017).
31. For example, as alleged herein, each of Defendants have at least one physical,
geographical location in Pennsylvania and at least one physical geographical location in this
judicial district from which the business of the Defendants is carried out. For each Defendant,
the place of business is a regular and established place of business in which the Defendant
operates in a steady, uniform, orderly, and methodical manner in connection with their
operations in Pennsylvania. Further, each of the Defendants’ place of business in Pennsylvania
(including the location(s) in this judicial district) is a place of business of the Defendant.
FACTUAL BACKGROUND
32. Knoll develops, sells, markets, and supports furniture, including office furniture.
Knoll is famous throughout the world for its design and development of furniture, which
includes iconic chairs such as Knoll’s Barcelona chair, the Womb chair, and many other iconic,
well known articles of furniture.
33. Formway has been designing furniture for more than five decades. Formway’s
designs are informed by insight gained through the observation and consideration of human
behavior.
34. Formway owns U.S. Design Patent No. D638,232 (“the ‘232 Patent”), which
lawfully issued on May 24, 2011. This patent is also referred to herein as “the Patent-in-Suit”.
35. Knoll has an exclusive license to the ‘232 Patent. Under its license with
Formway, Knoll makes and sells its MultiGeneration by Knoll® chair throughout the U.S.
36. Formway worked with Knoll to design the MultiGeneration by Knoll® chair for
manufacture, distribution and sale of this chair.
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37. An illustrative picture of a MultiGeneration by Knoll® chair having armrests is
shown below:
38. The MultiGeneration by Knoll® chair is also sold having castors at the ends of
the legs of the chairs. An illustrative picture of this chair made and sold by Knoll is shown
below:
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39. An illustrative picture of a group of stacked MultiGeneration by Knoll® chairs is
shown below:
40. The MultiGeneration by Knoll® chair is also made and sold without armrests.
Below is an illustrative picture of one such a version of a MultiGeneration by Knoll® chair:
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41. HNI is a developer, manufacturer, distributor, and importer of a wide variety of
furniture products, including chairs.
42. HNI and its operating division Allsteel makes and sells a newly introduced line of
Lyric chairs.
43. The Lyric chairs include a chair called the “Lyric Multi-Purpose” chair. This
chair was included in an exhibit in the Allsteel showroom at the trade show referred to as
NeoCon that took place in the Chicago Merchandise Mart located in Chicago, Illinois on June
12, 2017 to June 14, 2017.
44. Below is an image of a Lyric Multi-Purpose chair having castors:
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45. Below is an image of the Lyric Multi-Purpose chair that does not have castors:
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46. The Lyric Multi-Purpose chair looks almost identical to the MultiGeneration by
Knoll® chair, as can be appreciated from the below comparisons:
Lyric Multi-Purpose Chair MultiGeneration by Knoll® Chair
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47. The below table provides a comparison of the Lyric Multi-Purpose chair and the
ornamental appearance of the Formway design protected by the ‘232 Patent:
Lyric Multi-Purpose Chair U.S. Design Pat. No. D638,232
48. The Lyric Multi-Purpose chair has an ornamental appearance that is almost
identical to the ornamental appearance of the design shown, described and claimed in the ‘232
Patent.
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49. Consumers of chairs are likely to be confused into thinking that the Lyric Multi-
Purpose chair is the chair shown, described, and claimed in the ‘232 Patent.
50. An ordinary observer, familiar with prior art to the ‘232 Patent, would be
deceived into thinking that the Lyric Multi-Purpose chair was the same as the patented design
claimed in the ‘232 Patent. Egyptian Goddess, Inc. v. Swisa, Inc. 543 F.3d 665, 677-78 (Fed.
Cir. 2008).
51. The Lyric Multi-Purpose chair is advertised, marketed, and offered for sale by
Allsteel and HNI in Pennsylvania, this judicial district and throughout the United States. (See
e.g. http://www.allsteeloffice.com/products/seating/conference/Lyric)
52. For example, on information and belief Allsteel and HNI offer to sell, sell, offer
to distribute, and distribute the Lyric Multi-Purpose chair to the following dealers located in
Pennsylvania:
a. Benjamin Roberts LTD, 240 North Prince St., Lancaster, PA 17603,
b. Business Interiors by Staples-Philadelphia, 100 Springbrooke Blvd.,
Aston, PA 19014,
c. Cofco Group, 2200 N. American St., Philadelphia, PA 19133,
d. Nittany Office Equipment, 1207 S. Atherton State College, PA 16801,
e. Office Service Company, 1009 Tuckerton Court, Reading, PA 19603,
f. Office Basics, 22 Creek Circle, Boothwyn, PA 08057,
g. Office Service Company, 1009 Tuckerton Court, Reading, PA 19603
h. Stone Office Equipment, 321 Pear Street, Scranton, PA 18505 ,
i. W B Mason Company – Allentown, 754 Roble Rd. Suite 180,
Allentown, PA 18109, and
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j. W B Mason Company – Philadelphia, 1819 John F. Kennedy Blvd.,
Suite 226, Philadelphia, PA 19103.
53. Additionally, Allsteel and HNI hold out the following personnel as their personnel
located in Pennsylvania and in this judicial district that offer to sell, sell, offer to distribute, and
distribute, furniture that includes the Lyric Multi-Purpose chair:
a. Lynne Frame, Business Development Manager responsible for
Philadelphia region, and
b. Raelene McCarthy, Market Development Manager responsible for
Philadelphia region.
54. Raelene McCarthy is employed by Allsteel and operates out of a physical,
geographic property located in the Philadelphia Pennsylvania region. Raelene McCarthy works
in Philadelphia, Pennsylvania and regularly conducts business on behalf of Allsteel and HNI as
their business development manager in a steady, uniform, orderly, and methodical manner.
55. Raelene McCarthy is “currently a Business Development Manager for Allsteel, a
premier office furniture manufacturer based in Muscatine, Iowa. Allsteel is an operating unit of
the HNI Corporation, one of the largest and most financially sound companies in the industry.
[Her] role as Business Development Manager is to facilitate the corporate relationship. [She]
assist[s] customers in identifying specific solutions, consistent with their corporate objectives.
By carefully listening to specific needs, we are equipped to offer solutions that assist in
managing all office furniture assets.” -- (Linkedin Profile for Raelene McCarthy, a printout of
which is attached hereto as Exhibit D).
56. Allsteel and Raelene McCarthy publicly advises their customers and prospective
customers that Raelene McCarthy is an employee of Allsteel and Raelene McCarthy operates
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from a physical location in the Philadelphia, Pennsylvania area that is a physical location of
Allsteel’s business operations in this judicial district.—(Dealer And Sales Representative
Locator of Allsteel website, a printout of which is attached hereto as Exhibit E, Ex. D).
57. In fact, Allsteel specifically identifies their Philadelphia office location in its
Dealer and Sales Representative Locator and directs customers and potential customers to Lynne
Frame and Raelene McCarthy as their personnel located in the Philadelphia region that work out
of their physical location in this judicial district and are responsible for providing business
services in the Philadelphia region. Allsteel holds these employees and their location in
Philadelphia out as Allsteel’s place of regular and established business in the Philadelphia
region. (See e.g. Ex. E).
58. Allsteel and Lynne Frame publicly advises customers and potential customers that
Lynne Frame is an employee of Allsteel and operates from a physical location in the
Philadelphia, Pennsylvania area that is a physical location of Allsteel’s business operations in
this judicial district.-- (Ex. E, see also Linkedin Profile for Lynne Frame, a printout of
which is attached hereto as Exhibit F).
59. Lynne Frame performs her business development manager duties on behalf of
Allsteel in this judicial district in a steady, uniform, orderly, and methodical manner.
60. These operations include working out of a physical location in this judicial district
on behalf of Allsteel, using Allsteel property within this judicial district in connection with
facilitating the corporate relationships of Allsteel, and identifying specific Allsteel solutions that
meet customer needs consistent with Allsteel and HNI corporate objectives. This work is
performed on behalf of Allsteel and HNI in a steady, uniform, orderly, and methodical manner in
this judicial district that utilizes Allsteel and HNI property in this judicial district.
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61. HNI personnel are also actively involved in work regularly and continuously
performed in this judicial district at an HNI location within this judicial district. For example,
Elizabeth C. Guillory, Vice President of HNI Strategic Accounts, is located in the Philadelphia
region and is responsible for the marketing, pricing, distribution, and strategic direction across all
markets and furniture brands of HNI. These furniture brands include the Allsteel brand. (Ex. B).
62. Ms. Guillory works on behalf of HNI at an HNI location within Pennsylvania in
the greater Philadelphia area within this judicial district to provide strategic direction on behalf
of HNI that is to be implemented by HNI’s furniture operating divisions, which includes Allsteel.
(Ex. B).
63. The work performed by Ms. Guillory as an employee and officer of HNI regularly
occurs in Pennsylvania and in this judicial district and is performed in a steady, uniform, orderly,
and methodical manner in connection with HNI’s operations at an HNI location within this
judicial district.
64. Ms. Guillory oversees Allsteel’s operations, sets strategic direction for Allsteel,
develops the pricing, marketing and distribution strategies for Allsteel, and, on information and
belief, Allsteel personnel directly report to Ms. Guillory.
65. On information and belief, HNI, controls activities of Allsteel, including
Allsteel’s operational strategies and objectives.
66. On information and belief, HNI and Allsteel coordinate their activities relating to
the making, marketing, distribution, importing, offering for sale, and/or sale of office furniture
and the Lyric Multi-Purpose chair.
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67. On information and belief, HNI and Allsteel communicate with each other in
connection with the making, distribution, importing, marketing, offering for sale, and/or sale of
office furniture and the Lyric Multi-Purpose chair.
68. On information and belief, HNI and Allsteel collaborate with each other in
connection with the making, distribution, marketing, offering for sale, and/or sale of furniture
that includes the Lyric Multi-Purpose chair and services that they offer relating to this furniture.
69. On information and belief, HNI and its operating division, Allsteel, operate as an
integrated enterprise, to make, distribute, and sell furniture including the Lyric Multi-Purpose
chair throughout the United States and in this judicial district.
70. On information and belief, HNI personnel located within Pennsylvania include
Dena Hlatky, who is the Group Human Resources Manager at HNI and works in Pennsylvania
on behalf of HNI at an HNI location within Pennsylvania. (Ex. C).
71. On information and belief, Ms. Hlatky is a director level employee of HNI. (Ex.
C). The work that Ms. Hlatky performs for HNI includes human resources related work that
helps support HNI’s Fireside Hearth and Home brand. Ms. Hlatky works on behalf of HNI to
serve as a strategic business partner to the senior vice president of HNI’s Fireside Hearth and
Home division to facilitate this operating division’s operational goals and needs. (Ex. C).
72. The work performed by Ms. Hlatky as an employee and manager of HNI
regularly occurs in Pennsylvania and is performed in a steady, uniform, orderly, and methodical
manner in connection with HNI’s operations at an HNI location within Pennsylvania.
73. At least through the regular and continuous business activities of employees (e.g.
mangers and officers) Elizabeth C. Guillory, Lynne Frame, and Raelene McCarthy, Allsteel and
HNI have at least one physical location in Pennsylvania and at least one physical location in this
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judicial district by which Allsteel and HNI engage in regular and continuous business in this
judicial district that relate to the offering of sale, and sale of furniture (e.g office chairs, the Lyric
Multi-Purpose chair, etc.).
74. At least through the regular and continuous business activities of employees,
managers, and officers who include at least Elizabeth C. Guillory, Dena Hlatky, Lynne Frame
and Raelene McCarthy that take place in the state of Pennsylvania and in this judicial district,
Allsteel and HNI have at least one physical location located in Pennsylvania and this judicial
district via which Allsteel and HNI engage in regular and continuous business in Pennsylvania
and in this judicial district. Each place of business is a regular and established place of business
in which the Defendants operate in a steady, uniform, orderly, and methodical manner in
connection with their operations and Defendants specifically hold each location out to
customers and potential customers as their place of business. (Ex. B, Ex. C, Ex. D, Ex. E, Ex.
F).
75. On information and belief, the regular and continuous business activities that take
place in Pennsylvania and in this judicial district are based out of Defendants’ physical
locations in Pennsylvania and within this judicial district. These regular and continuous
business activities include making sales calls, having business meetings, showing samples of
new products, distribution of product literature and corporate literature, developing business,
pricing, marketing, and distribution strategies, overseeing implementation of the developed
business, developing marketing, pricing, and distribution strategies, and performing other work
in connection with supporting the Defendants’ products and dealers located within this judicial
district. This regular and continuous work is performed in a steady, uniform, orderly, and
methodical manner in support of HNI business objectives, HNI operating division operations,
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dealer contractual arrangements Allsteel and HNI have with their dealers and contractual
arrangements HNI and Allsteel have with corporate customers in connection with the sale and
distribution of their furniture products in this judicial district and throughout Pennsylvania and
the United States. The work is performed by Allsteel and HNI managerial personnel,
employees and agents in this judicial district (who include at least Elizabeth Guillory, Lynne
Frame and Raelene McCarthy) and include utilization of Allsteel and HNI property, sales
literature, and other materials owned by Allsteel and other materials owned by HNI. On
information and belief, this work is regularly and continuously performed in Pennsylvania and
in this judicial district consistent with the corporate policies and procedures of Allsteel and
HNI.
THE ’232 PATENT AND DEFENDANTS’ KNOWLEDGE OF THIS PATENT
76. On May 24, 2011, the ’232 Patent entitled “CHAIR” was duly and legally issued
by the United States Patent and Trademark Office.
77. A true and correct copy of the ’232 Patent is attached as Exhibit A to this
Complaint.
78. Formway is the assignee and owner of the right, title, and interest in and to the
‘232 Patent. Knoll is the exclusive licensee to the ‘232 Patent.
79. The ‘232 Patent has a single claim that says “The ornamental design for a chair,
as shown and described” and includes a description that states “The broken line showing of
components is for the purpose of illustrating environmental structure and forms no part of the
claimed design.”
80. Knoll practices the claimed invention of the ‘232 Patent by making and selling its
MultiGeneration by Knoll® chairs.
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81. Knoll also marks its MultiGeneration by Knoll® chairs that are covered by the
‘232 Patent with the ‘232 Patent to give public notice that the ‘232 Patent covers the
MultiGeneration by Knoll® chair design.
82. HNI and Allsteel had knowledge of the ‘232 Patent at least through Knoll’s
marking of its MultiGeneration by Knoll® chairs.
83. HNI and Allsteel also had actual knowledge of the ‘232 Patent during
development of the Lyric Multi-Purpose Chair.
84. Allsteel knew the ‘232 Patent protected Knoll’s MultiGeneration chair before the
Lyric Multi-Purpose chair was included in an exhibit at the NeoCon tradeshow in June of 2017.
85. HNI knew the ‘232 Patent protected the MultiGeneration by Knoll® chair before
the Lyric Multi-Purpose chair was shown at NeoCon in June of 2017.
86. On information and belief, Allsteel and HNI designed the Lyric Multi-Purpose
chair to mimic the design of the MultiGeneration by Knoll® chair to develop, make, and sell a
chair that would compete with the MultiGeneration by Knoll® chair so that the Lyric Multi-
Purpose chair would have the same look as the MultiGeneration by Knoll® chair but would
have a lower price point for competition with the MultiGeneration by Knoll® chair. On
information and belief, these actions were done to try and take market share away from Knoll’s
MultiGeneration by Knoll® chair with a chair that had substantially the same ornamental
appearance as Knoll’s MultiGeneration by Knoll® chair.
87. HNI and Allsteel have continued to offer to sell, make and sell its Lyric Multi-
Purpose chair knowing that this chair infringes the ‘232 Patent.
88. HNI and Allsteel have each willfully, deliberately, and intentionally continued to
infringe the claim of the ‘232 Patent at least by using, offering to sell, selling, distributing,
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offering to distribute, and making its Lyric Multi-Purpose chair in reckless disregard of the claim
of the ’232 Patent.
89. HNI and Allsteel’s infringement of the ‘232 Patent has created irreparable injury
to Plaintiffs.
COUNT I: INFRINGEMENT OF THE ’232 PATENT
90. Plaintiffs restate and reallege the foregoing allegations as if fully stated herein.
91. In violation of 35 U.S.C. § 271(a), Defendants have directly and continue to
directly infringe, both literally and under the doctrine of equivalents, the ‘232 Patent by making,
using, offering for sale, selling, distributing and/or importing the chairs that practice and
therefore infringe the subject matter in the claim of the ‘232 Patent throughout the United States
and within this judicial district without authority of Knoll or Formway.
92. In violation of 35 U.S.C. § 271(b) and (c) Defendants have indirectly infringed
and continues to indirectly infringe the claim of the ‘232, within this judicial district and
throughout the United States without authority of Knoll and without authority of Formway by
actively inducing its customers’ infringement of the ‘232 Patent with knowledge of the ’232
Patent and by contributing to the infringement of such patent by selling at least the Lyric Multi-
Purpose chair to customers for their possession and use.
93. The Lyric Multi-Purpose chair infringes the claim of the ‘232 Patent. This chair
is made, marketed, distributed, sold and/or offered for sale by Defendants throughout the United
States and in this judicial district. This chair include each and every feature of the claim of the
‘232 Patent.
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94. For example, the below table provides a comparison of the Lyric Multi-Purpose
chair and the ornamental appearance of the Formway design protected by the ‘232 Patent:
Lyric Multi-Purpose Chair U.S. Design Pat. No. D638,232
95. The Lyric Multi-Purpose chair has an ornamental appearance that is almost
identical to the ornamental appearance of the chair design shown, described and claimed in the
‘232 Patent.
96. Consumers of chairs are likely to be confused into thinking that the Lyric Multi-
Purpose chair is the chair shown, described, and claimed in the ‘232 Patent.
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97. An ordinary observer, familiar with prior art to the ‘232 Patent, would be
deceived into thinking that the Lyric Multi-Purpose chair was the same as the patented design
claimed in the ‘232 Patent. Egyptian Goddess, Inc. v. Swisa, Inc. 543 F.3d 665, 677-78 (Fed.
Cir. 2008).
98. Plaintiffs have been, and continue to be, damaged and irreparably harmed by
Defendants’ infringement, which will continue unless the Court enjoins that infringement and for
which there is no adequate remedy at law.
99. Plaintiffs under 35 U.S.C. §§ 284 and/or 289, are entitled to recover damages
adequate to compensate for Defendants’ infringement.
100. The infringement of the ‘232 Patent by Defendants have been, and continues to
be, deliberate, willful, and knowing.
101. The Court should declare this an exceptional case under 35 § U.S.C. 285, entitling
Plaintiffs to recover treble damages and attorneys’ fees.
102. Pursuant to 35 U.S.C. § 287, the filing of this action constitutes notice to
Defendants of their infringement of the ‘232 Patent.
DEMAND FOR JURY TRIAL
103. Plaintiffs demand a trial by jury under Rules 38 and 39 of the Federal Rules of
Civil Procedure for all issues triable by jury.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs requests that the Court grant the relief requested in the Prayer
for Relief below.
(a) That Defendants be adjudged to have infringed, contributed to, and/or induced the
infringement of the claim of the ‘232 Patent;
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(b) That Defendants’ be adjudged to have engaged in willful infringement of the ‘232
Patent;
(c) That Plaintiffs be awarded damages for infringement of the ‘232 Patent, including
damages adequate to compensate Plaintiffs for Defendants’ past infringement of the ‘232
Patent including lost profits, Defendants’ profits, a reasonable royalty, or other monetary
relief available under 35 U.S.C. §§ 284 and/or 289 and for any continuing or future
infringement through the date such judgment is entered, including interest, costs, expenses,
and an accounting of all infringing acts including, but not limited to, those not presented at
trial (35 U.S.C. §§ 284 and 289);
(d) That Defendants pay an ongoing royalty in an amount to be determined for any
continued infringement of the ‘232 Patent after the date the judgment is ordered;
(e) That this case be declared an exceptional case under 35 U.S.C. § 285;
(f) That Plaintiffs’ damages be trebled pursuant to 35 U.S.C. § 284;
(g) That Plaintiffs’ be awarded its attorneys’ fees and costs pursuant to 35 U.S.C. §
285;
(h) That this Court permanently enjoin Defendants, their officers, directors,
principals, agents, servants, employees, successors, assigns, affiliates, and all that are in
active concert or participation with Defendants, or any of them, from further infringement of
the ‘232 Patent and that Defendant be permanently enjoined from infringing the ‘232 Patent
and from making, using, selling, offering to sell, or distributing the Defendants’ infringing
chairs;
(i) That Plaintiffs be awarded pre- and post-judgment interest on all damages;
(j) That Plaintiffs be awarded all its costs and expenses in this action; and
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(k) That Plaintiffs be awarded such further and other relief as the Court may deem
just and proper.
Respectfully submitted,
By:_____________________________
Dated: January 3, 2018 Samuel Braver
samuel.braver@bipc.com
Ralph G. Fischer
ralph.fischer@bipc.com
(pro hac vice pending)
Buchanan Ingersoll & Rooney PC
One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, PA 15219-1410
Tel: (412) 392-2121/562-1696
Attorneys for Plaintiffs, Knoll, Inc. and

Formway Furniture Limited
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lQ-Gr- b~ept
k~t}u!~~J_J.f8S
FORMWAY FURNITURE LIMITED ~
~!Er~~~~ON AND 18 1~
(b) County of Residence of First Listed P1°;~~--- County of Residence of First Listed Defendc Mus cat ine ____)
(EXCEPT INU.S. P~ (JN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
( C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Buchanan Ingersoll & Rooney PC
One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, PA
15219-1410, Tel: (412) 392-2121/562-1696
II. BASIS OF JURISDl~(Placean "X"inOneBoxOnlyJ III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
0 1 U.S. Government
Plaintiff
~~era! Question
(US. Government Not a Party)
(For Diversity Cases Only)
CitizenofThisState
PTF
0 1
DEF
0 1
and One Boxfo{!)Dant)
IncorporatedorPrinc1pa!Place
of Business In This State
TF
~
DEF
"O .
0 2 U.S. Government 0 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Pnnc1pal Place 0 ~5
Defendant (Indicate Citizenship ofParties in Item 111) of Busmess In Another State
Citizen or Subject of a 0 3 0 3 Foreign Nation 0 6 0 6

Forei n Coun
Click here for: Nature of Suit Code Descri tions.
4.1:FORFEFI'URN/PENAIJ·TYll!l. ::·,1Jl!~::B~UPT<::.W.;";:1:: OTHER\STATUTES: <.1"i'
0 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure 0 375 False Claims Act
0 120 Marine 0 310 Airplane 0 365 Personal Injury - of Property 21 USC 881 0 376 Qui Tam (31 USC
0 130 Miller Act 0 315 Airplane Product Product Liability 0 690 Other 3729(a))
0 140 Negotiable Instrument Liability 0 367 Health Care/ ,..-""f':'i~=~=====,-,,:;~ 0 400 State Reapportionment
0 150 Recovery of Overpayment 0 320 Assault, Libel & Phannaceutical l""'l""""'.,..."l'-""""'"""...._....,.=;....i 0 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 0 430 Banks and Banking
0 151 Medicare Act 0 330 Federal Employers' Product Liability 0 450 Conunerce
0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 460 Deportation
Student Loans 0 340 Marine Injury Product 0 4 70 Racketeer Influenced and
(Excludes Veterans) 0 345 Marine Product Liability Corrupt Organizations
0 153 Recovery of Overpayment Liability PERSONAL PROPERTY ~=---""IJ°'"'A!.!B!!O~Ri:.,.._ll! -"'• --2.l.l--~='2!=-~ 0 480 Consumer Credit
5 '.'":"':,i/ff"-'......
of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud 0 710 Fair Labor Standards 0 490 Cable/Sat TV
0 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 Truth in Lending Act 0 850 Securities/Commodities/
0 190 Other Contract Product Liability 0 380 Other Personal 0 720 Labor/Management Exchange
0 195 Contract Product Liability 0 360 Other Personal Property Damage Relations 0 890 Other Statutory Actions
0 196 Franchise Injury 0 385 Property Damage 0 740 Railway Labor Act 0 891 Agricultural Acts
0 362 Personal Injury - Product Liability 0 751 Family and Medical 0 893 Envirorunental Matters
Medical Mal ractice Leave Act 0 895 Freedom of Information
• 1'."·J'RISONERiPETITIONS+. 0 790 Other Labor Litigation ""fl'•.;,'"",.F"'E"':n"''El"'RA""·"'···"'n"'.:T""~"':"':"'sm""·""T"'s"':"'§.
"" ~:;; Act
0 210 Land Condenmation 0 440 Other Civil Rights Habeas Corpus: 0 791 Employee Retirement 0 870 Taxes (U.S. Plaintiff 0 896 Arbitration
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee Income Security Act or Defendant) 0 899 Administrative Procedure
0 230 Rent Lease & Ejectment 0 442 Employment 0 510 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 Tor! Product Liability Accommodations 0 530 General 0 950 Constitutionality of
0 290 All Other Real Property 0 445 Amer. w/Disabilities - 0 535 Death Penalty 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
Confinement
IN (Place an "X" in One Box Only)

Or" inal 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict 0 8 Multidistrict
oceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
specifj;) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI . CAUSE 0 F ACTION i-..:3~5::....:LI=..:·~s.:.!:.c~.
Brief description of cause:
~1------------------------=::------'\----
Desi n Patent lnfrin ement
VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND$
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DE
VIII. RELATED CASE(S)
(See instructions):
IF ANY DOCK.ET NUMBER
DATE
I /3 /201 ~
FOR OFFICE USE ONLY
RECEIPT# AMOUNT APPL YING IFP WDGE MAG.JUDGE
'JAN -3 201.8'
UNITED STATES DISTRICT COURT 18 19

F PEJIJNSYLVANIA- DESIGNATION FORM to be used by counsel to indicate the category of the case for the purpose of
see attachment
Address ofDcfendant: HNI Corporation, 600 East Second Street, Muscatine, Iowa 52761 see attachment
Place of Accident, Incident or Transaction: Infringement of a patent throughout the U.S. including this judicial district
(Use Reverse Side For Additional Space)
Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation ownin of its stock?
(Attach two copies of the Disclosure Statement Form in accordance with Fed.R.Civ.P. 7.l(a)) YesD NolKI
Does this case involve multidistrict litigation possibilities? Yeso

RELATED CASE, IF ANY:
Case Number: _ _ _ _ _ _ _ _ _ _ _ Judgc _ _ _ _ _ _ _ _ _ _ _ _ _ _ DateTenninated: - - - - - - - - - - - - - - - - - - -
Civil cases arc deemed related when yes is answered to any of the following questions:
I. Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in this c
YesD
2. Docs this case involve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year prcvio
action in this court?
Yes
3. Does this case involve the validity or infringement of a patent already in suit or any earlier numbered case pending or within on
terminated action in this court? Yes
4. Is this case a second or successive habeas corpus, social security appeal, or pro sc civil rights case filed by the same individual?
CML: (Place V in ONE CATEGORY ONLY)

A Federal Question Cases: B. Diversity Jurisdiction Cases:
l. D Indemnity Contract, Marine Contract, and All Other Contracts l. D Insurance Contract and Other Contracts
2. D FELA 2. D Airplane Personal Injury
Jones Act-Personal Injury 3. D Assault, Defamation
ntitrust 4. D Marine Personal Injury
a tent 5. D Motor Vehicle Personal Injury

abor-Management Relations 6. D Other Personal Injury (Please specify)
Civil Rights 7. D Products Liability
D Habeas Corpus 8. D Products Liability- Asbestos
9. D Securities Act(s) Cases 9. D All other Diversity Cases
10. D Social Security Review Cases (Please specify)

11. D AU other Federal Question Cases
(Please specify)
ARBITRATION CERTIFICATION
(Check Appropriate Category)
._ _,,_a_m_u_e_l_W_._B_r_a_v_e_r__________~ counsel of record do hereby certify:
R Pursuant to Local Civil Rule 53.2, Section 3(c)(2), that to , e best of iny knowledge and belief, the damages recoverable in this civil action case exceed the sum of
$150, 00.00 exclusive of interest and costs;
J!I Relief other than monetary damages is sought.
E: January 3, 2018 19682

Attorney-at- w Attorney I.D.#
NOTE: A trial de novo will be a trial by jury only if there has been compliance with F.R.C.P. 38.
except as noted above.
DATE: January 3, 2018 19682

Attorney-at-Law Attorncyl.D.#
CN. 609 (5/2012)
JAN 3 2018
Designation Form Attachment Page:
Address of Plaintiff (continued): Formway Furniture Limited, 43b Seaview Road, Seaview,
Lower Hutt, 5010 New Zealand
Address of Defendant (continued): Allsteel, Inc., 2210 Second Avenue, Muscatine, Iowa 52761
l
,,J r ;~"".'\ IN THE UNITED STATES DISTRICT COURT

:i
1
r'~ . FOR THE EASTERN DISTRICT OF PENNSYLVANIA
·.J
,,
'.i,-, CASE MANAGEMENT TRACK DESIGNATION FORM

KNOLL, INC., AND .
CIVIL ACTION
FORMWAY FURNITURE LIMITED ~
v.
HNI CORPORATION AND N0.18 19
ALLSTEEL, INC.
In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for
plaintiff shall complete a Case Management Track Designation Form in all civil cases at the time of
filing the complaint and serve a copy on all defendants. (See§ 1:03 of the plan set forth on the reverse
side of this form.) In the event that a defendant does not agree with the plaintiff regarding said
designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on
the plaintiff and all other parties, a Case Management Track Designation Form specifying the track
to which that defendant believes the case should be assigned.
SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS:
(a) Habeas Corpus- Cases brought under 28 U.S.C. § 2241through§2255. ( )
(b) Social Security - Cases requesting review of a decision of the Secretary of Health
and Human Services denying plaintiff Social Security Benefits. ( )
(c) Arbitration - Cases required to be designated for arbitration under Local Civil Rule 53.2. ( )
(d) Asbestos - Cases involving claims for personal injury or property damage from
exposure to asbestos. ( )
(e) Special Management-Cases that do not fall into tracks (a) through (d) that are
commonly referred to as complex and that need special or intense management by
the court. (See reverse side of this form for a detailed explanation of special
management cases.)
(f) Standard Management- Cases that do not fall into any one of the other tracks.
Date
f-~~2of8
/
·
~k:r
Attorney-at-law
Plaintiffs
Attorney for
412-562-1696 412-562-1041 samuel. braver@bipc.com
Telephone FAX Number E-Mail Address
(Civ. 660) 10/02
1
JAN - 3 2018

Knoll v. HNI - Complaint

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Case 2:18-cv-00019-JP Document 1 Filed 01/03/18 Page 1 of 25

UNITED STATES DISTRICT COURT

COMPLAINT FOR DESIGN PATENT INFRINGEMENT

1. Plaintiffs Knoll, Inc. (“Knoll”) and Formway Furniture Limited (“Formway”)

(collectively referred to herein as “Defendants”) and hereby alleges as follows:

NATURE OF THE ACTION

United States, 35 U.S.C. § 1 et seq.

place of business at 1235 Water St., East Greenville, Pennsylvania 18041.

4. Knoll does business in Pennsylvania and the Eastern District of Pennsylvania.

which is attached hereto as Exhibit A.

Muscatine, Iowa 52761.

the United States, in Pennsylvania, and this judicial district.

9. HNI has personnel located in Pennsylvania and in the Eastern District of

conducts business in this judicial district.

direction on behalf of HNI that is to be implemented by HNI’s furniture operating divisions,

which includes Allsteel. (Ex. B).

such place of business is also within this judicial district.

17. Allsteel does business in Pennsylvania and in the Eastern District of

conducts business in Pennsylvania and in this judicial district.

behalf of Allsteel in Pennsylvania and in this judicial district.

Allsteel personnel conduct these operations on behalf of Allsteel as a representative, employee,

and agent of Allsteel and HNI.

products and/or services.

into the United States and this judicial district.

JURISDICTION AND VENUE

United States, Title 35 of the United States Code.

1331 and 1338.

sale of said chairs in this judicial district.

27. Defendants directly and/or through their coordinated distribution network

the traditional notions of fair play and substantial justice.

No. D638,232 in this judicial district.

30. Venue is proper pursuant to 28 U.S.C. § 1400(b) because Defendants have

Inc. 2017 WL 4201535, *5-6, -- F.3d -- (Fed. Cir. 2017).

operations in Pennsylvania. Further, each of the Defendants’ place of business in Pennsylvania

well known articles of furniture.

manufacture, distribution and sale of this chair.

37. An illustrative picture of a MultiGeneration by Knoll® chair having armrests is

39. An illustrative picture of a group of stacked MultiGeneration by Knoll® chairs is

Below is an illustrative picture of one such a version of a MultiGeneration by Knoll® chair:

41. HNI is a developer, manufacturer, distributor, and importer of a wide variety of

furniture products, including chairs.

12, 2017 to June 14, 2017.

44. Below is an image of a Lyric Multi-Purpose chair having castors:

Knoll® chair, as can be appreciated from the below comparisons:

Lyric Multi-Purpose Chair MultiGeneration by Knoll® Chair

ornamental appearance of the Formway design protected by the ‘232 Patent:

Lyric Multi-Purpose Chair U.S. Design Pat. No. D638,232

a. Benjamin Roberts LTD, 240 North Prince St., Lancaster, PA 17603,

b. Business Interiors by Staples-Philadelphia, 100 Springbrooke Blvd.,

c. Cofco Group, 2200 N. American St., Philadelphia, PA 19133,

d. Nittany Office Equipment, 1207 S. Atherton State College, PA 16801,

e. Office Service Company, 1009 Tuckerton Court, Reading, PA 19603,

f. Office Basics, 22 Creek Circle, Boothwyn, PA 08057,

g. Office Service Company, 1009 Tuckerton Court, Reading, PA 19603

h. Stone Office Equipment, 321 Pear Street, Scranton, PA 18505 ,

i. W B Mason Company – Allentown, 754 Roble Rd. Suite 180,

Allentown, PA 18109, and

j. W B Mason Company – Philadelphia, 1819 John F. Kennedy Blvd.,

Suite 226, Philadelphia, PA 19103.

distribute, furniture that includes the Lyric Multi-Purpose chair:

a. Lynne Frame, Business Development Manager responsible for

Philadelphia region, and

b. Raelene McCarthy, Market Development Manager responsible for

54. Raelene McCarthy is employed by Allsteel and operates out of a physical,