Innovation USA v. Angle Industries - Complaint

Case 3:19-cv-08759 Document 1 Filed 03/19/19 Page 1 of 11 PageID: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
INNOVATION U.S.A., INC. :

D/B/A INNOVATION LIVING, INC., :
: Civil Action No.
Plaintiff, :
:
v. :
:
ANGLE INDUSTRIES, LTD. : JURY TRIAL DEMANDED
D/B/A AEON FURNITURE, :
:
Defendant. :
___________________________________ :
COMPLAINT
Plaintiff, Innovation U.S.A., Inc., d/b/a Innovation Living, Inc. (“Plaintiff” or “Innovation”),
by and through its undersigned counsel, files this Complaint for Patent Infringement against
Defendant, Angle Industries, Ltd., d/b/a Aeon Furniture, and states as follows:
Nature of the Action
1. This action is for patent infringement arising under the patent laws of the United
States, 35 U.S.C. § 271, et seq. Plaintiff Innovation is the holder of a United States design patent
protecting its innovative and proprietary design for a certain sofa. Defendant has infringed and
continues to infringe this design patent. As relief, Plaintiff Innovation seeks monetary damages
and injunctive relief.
Parties
2. Plaintiff Innovation is a corporation organized and existing under the laws of the
State of Maryland, with its principal place of business located at 25910 Acero Street, Suite 240,
Mission Viejo, CA 92691. Plaintiff Innovation is in the business of manufacturing and

distributing contemporary furniture, including living room and bedroom furniture, in the United
States.
3. Defendant Angle Industries, Ltd. (doing business as Aeon Furniture) (hereinafter
“Defendant” or “Aeon”) is a corporation organized and existing under the laws of the State of
New Jersey. Defendant’s principal place of business is located at 1200 County Road 523,
Flemington, New Jersey 08822. Based upon information and belief, Defendant is in the business
of importing, marketing, selling and/or distributing contemporary furniture in the United States,
including a sofa that infringes the design patent-in-suit.
Jurisdiction and Venue
4. As this case arises under the United States patent laws, this Court has subject
matter jurisdiction pursuant to 28 U.S.C. § 1338(a) and/or § 1331.
5. This Court has personal jurisdiction over Defendant Aeon as it is a corporation
organized and existing under the laws of the State of New Jersey that resides, transacts business
and may be found in this judicial district.
6. Defendant Aeon resides and may be found in this judicial district, and a
substantial part of the events giving rise to the claims asserted, including, inter alia, acts of
patent infringement, have occurred and/or are occurring in this judicial district. Venue in this
Court, therefore, is proper under 28 U.S.C. § 1391(b) and/or § 1400.
Factual Background
A. Innovation’s Business and the Patent-In-Suit.
7. Plaintiff Innovation is a leading supplier of contemporary furniture, including
living room and bedroom furniture, in the United States and elsewhere in North America.
2
8. Inspired by a Scandinavian design tradition, as well as fashion and lifestyle
trends, Innovation markets a unique collection of contemporary furniture incorporating the
innovative and proprietary designs of internationally renowned designer and company founder,
Per Weiss Andersen.
9. Many of the designs invented by Mr. Andersen are patented in the United States
and internationally. Among the United States design patents that by virtue of assignment are held
by Innovation is the following patent-in-suit: United States Design Patent No. US RE 43,754E
(the “‘754 Patent” or “Patent-In-Suit”), titled SOFA, which was reissued on October 23, 2012 to
Per Weiss Andersen. A true and correct copy of the ‘754 Patent is attached to this Complaint as
Exhibit 1 and is incorporated by reference herein. The ‘754 Patent is a reissue of the original
United States Design Patent No. 583,585 (the “Original Patent”) issued on December 30, 2008 to
Per Weiss Andersen, and assigned to Innovation.
10. The ‘754 Patent comprises two embodiments of the sofa. The first ten drawings
contained within the Patent-in-Suit (Figures 1 – 10) disclose the first embodiment of the sofa and
are the same drawings that comprised the Original Patent, while the subsequent ten drawings
(Figures 11 – 20) of the Patent-in-Suit disclose a second embodiment of the sofa.
11. All rights, title and interest in the ‘754 Patent have been assigned to Innovation,
which is the sole owner of the ‘754 Patent. Innovation has been the sole owner of the ‘754 Patent
since its issuance.
B. Aeon’s Prior Knowledge of the Patent-In-Suit.
12. Defendant Aeon, through its employee Bruce Greenberg (“Greenberg”), is and
has been well aware of Innovation’s patents, including the Patent-in-Suit. Greenberg has been
3
and continues to be employed as Aeon’s sales manager. On information and belief, Greenberg
also serves in the capacity of officer or director of Aeon.
13. Prior to his employment with Aeon, Greenberg was employed as a sales manager
for Jaycee, Inc. (“Jaycee Warehouse”) from approximately 2004 through 2011. At all relevant
times, Jaycee Warehouse was located at 680 Grove Road, West Deptford, New Jersey 08066.
14. Greenberg’s wife, Mary Greenberg, was also employed by Jaycee Warehouse, on
information and belief, at or during the time of Greenberg’s employment. She worked as the
customer coordinator from approximately August 2009 through August 2011. During her
employment, Mrs. Greenberg was responsible for handling Innovation’s account.
15. From August 1, 2009 through August 31, 2011, Jaycee Warehouse served as
Innovation’s East Coast distribution center, and provided warehousing, packing, shipping, and
other distribution services for Innovation products, including Innovation’s furniture which
commercially embodies the Patent-In-Suit.
16. Greenberg and Mrs. Greenberg, (collectively, “the Greenbergs”), through their
employment with the Jaycee Warehouse, obtained an extensive understanding of Innovation’s
furniture collection, including, but not limited to, the materials used in and the proprietary
designs of Innovation’s furniture products and collections.
17. Through her employment with Jaycee Warehouse, Mrs. Greenberg processed
product delivery documentation, which disclosed indicia of Innovation’s patented articles,
including those that practiced the ‘754 Patent.
18. Further, through their employment with the Jaycee Warehouse, the Greenbergs
were exposed to and gained a deep understanding of Innovation’s domestic distribution network,
including, inter alia, its sources of supply and its customer base in the United States.
4
19. Among the products stored at and distributed via Jaycee Warehouse during the
Greenbergs’ employment was Innovation’s “Splitback” line of sofas, which practice and
commercially embody the Patent-in-Suit. All of Innovation’s Splitback sofas distributed and sold in
the U.S., including those stored at and distributed by Jaycee Warehouse, are marked with indicia of
the ‘754 Patent directly on the sofas. The U.S. Patent number is listed on the invoice and delivery
documentation as well.
20. Through their frequent exposure to Innovation’s inventory and product
catalogues, which featured the Splitback line of sofas, among other designs, the Greenbergs
knew that many of the proprietary designs for Innovation’s furniture products were patented, and
they had knowledge of the Patent-In-Suit.
C. Aeon’s Acknowledged and Willful Infringement of the Patent-In-Suit.
21. In or around 2011, the Greenbergs were each separated from and no longer
employed by Jaycee Warehouse.
22. In 2011, following his separation from Jaycee Warehouse, Bruce Greenberg
joined the then newly-founded Aeon, as its sales manager. On information and belief, Mrs.
Greenberg became employed by or affiliated with Aeon, as well. Aeon publicized itself as an
importer of European and Scandinavian-inspired modern classic furniture.
23. Thereafter, and with the assistance of the Greenbergs, Aeon embarked upon a
scheme to import, distribute and sell furniture products in the United States that are confusingly
similar imitations (or “knock-offs”) of Innovation’s Splitback sofas, which embody the Patent-
in-Suit.
24. One such knock-off is a sofa depicted in the photographs attached hereto as
Exhibit 2, which, without Innovation’s authorization or consent, has been and/or continues to be
5
imported, sold and offered for sale under the names “Betsy”, “Morsun” and “Hugo” in the
United States by Defendant Aeon (the “Infringing Betsy Sofa”).
25. The overall appearance of the design of the Patent-in-Suit and the design of the
Infringing Betsy Sofa are substantially same, such that an ordinary observer will perceive the
overall appearance of the designs of the Patent-in-Suit and the design of the Infringing Betsy
Sofa to be substantially the same. A side-by-side comparison of the ‘754 patented design with
exemplary images of the Infringing Betsy Sofa, is attached hereto as Exhibit 3.
26. Defendant Aeon has sold an unknown number of units of the Infringing Betsy
Sofa to furniture retailers for resale directly and via numerous e-commerce websites and third-
party marketplaces to end-user customers in the United States.
27. By letter from its counsel dated August 30, 2018, Innovation asserted its rights in
the ‘754 Patent against Aeon through written communication, which, among other items,
demanded that Aeon cease and desist any further importation, distribution, marketing and/or sale
of the Infringing Betsy Sofa in the United States. Attached to that letter was a copy of the ‘754
Patent, as well as images from online advertisements of the Infringing Betsy Sofa. A true and
correct copy of the August 30, 2018 demand letter is attached hereto as Exhibit 4.
28. By email dated September 24, 2018, on behalf of Aeon, Greenberg responded to
counsel’s letter stating that Aeon had discontinued the Infringing Betsy Sofa from its line. A true
and correct copy of Greenberg’s September 24, 2018 email is attached hereto as Exhibit 5. In his
email, Greenberg acknowledged and agreed that Aeon would cease and desist from marketing or
offering the Infringing Betsy Sofa for sale, but failed to provide any further information sought
by Innovation. Greenberg further stated that he had telephonically communicated the same
6
commitment to Innovation’s CEO, Kjeld Jensen, whom Greenberg acknowledged to have known
for over ten (10) years.
29. In a good faith attempt to resolve the dispute, counsel for Innovation responded to
Greenberg’s email the same day, on September 24, 2018, and reiterated the request made in
Innovation’s initial demand letter that Aeon provide written confirmation that Aeon had ceased
manufacturing, offering for sale, and/or selling the Infringing Betsy Sofa and any other identical
design in the United States. A true and correct copy of counsel’s September 24, 2018 email is
attached hereto as Exhibit 6. Counsel further reiterated the request for information from Aeon
regarding the identity of Aeon affiliates involved in the manufacture, marketing, and/or sale of
the Infringing Betsy Sofa, the identity of other third-party retailers or distributors to whom Aeon
or its affiliates supplied or sold the Infringing Betsy Sofa, and a complete accounting of Aeon’s
inventory and sale history of the Infringing Betsy Sofa.
30. While awaiting Aeon’s response to its further inquiry, Innovation discovered that,
despite Aeon’s assurances to the contrary, Aeon continued to supply and/or make available for
sale the Infringing Betsy Sofa to or through various e-commerce retailers, including BisonOffice,
Rakuten, Novi Décor (P3 Ventures), Houzz, Walmart, Homesquare, Amazon, Inmod, and GWG
Outlet, among others.
31. Upon discovering Aeon’s continuing marketing and sale of the Infringing Betsy
Sofa despite Aeon’s promise to stop doing so, Innovation, through its counsel, sent a final letter
dated January 28, 2019, demanding that Aeon cease and desist any further importation,
distribution, marketing and/or sale of, inter alia, the Infringing Betsy Sofa. A true and correct
copy of the January 28, 2019 letter is attached hereto as Exhibit 7.
7
32. Defendant has failed to comply with Innovation’s requests to stop its infringing
conduct, and, upon information and belief, continues to import, sell and offer for sale this
product in the United States.
33. In light of Defendant’s failure to comply with Innovation’s repeated demands,
Innovation has initiated this suit to recover damages for and permanently enjoin Defendant’s
infringement of the Patent-In-Suit.
34. On information and belief, Aeon has infringed and continues to infringe the ‘754
Patent within the meaning of 35 U.S.C. § 271 at least by making, using, selling, offering to sell,
and/or importing the Infringing Betsy Sofa into the United States without the authorization of
Innovation.
Count I
(Infringement by Aeon of United States Design Patent No. US RE 43,754E)
35. Plaintiff Innovation realleges and incorporates herein by reference the allegations set
forth in the foregoing paragraphs above.
36. By virtue of assignment, Innovation is the holder of the entire right, title, and interest
in and to the ‘754 Patent. Such right, title, and interest include, without limitation, the right to sue
and receive damages for past, present, and future patent infringement.
37. The Infringing Betsy Sofa infringes the ‘754 Patent. Utilizing a side-by-side
comparison, and in the eye of the ordinary observer, the ornamental features of the Infringing Betsy
Sofa give the same general visual appearance as the patented designs depicted in the ‘754 Patent.
38. The striking similarity of the ornamental features in the Infringing Betsy Sofa and the
design of the ‘754 Patent creates an overall visual appearance of the infringing product that is
confusingly similar to the ordinary observer such that he or she would be deceived into confusing
the design of the Infringing Betsy Sofa with the patented design.
8
39. Defendant Aeon, without authorization from Innovation, has made, used, offered to
sell, sold and/or imported and continues to make, use, sell, offer to sell and/or import the Infringing
Betsy Sofa in this judicial district and elsewhere in and into the United States.
40. During the term of the ‘754 Patent and without a license from Innovation, Defendant
Aeon has sold or exposed to sale in the United States articles of manufacture in the form of the
Infringing Betsy Sofa to which the patented design, or colorable imitations thereof, have been
applied.
41. Innovation has complied with the statutory requirement of placing a notice of the
‘754 Patent on sofas incorporating the patented designs that it manufactures and sells, and has given
Defendant repeated written notice of its infringement.
42. Defendant Aeon has intentionally and willfully infringed, and continues to
intentionally and willfully infringe, the ‘754 Patent.
43. Innovation has suffered and continues to suffer economic harm as the direct and
proximate result of Defendant Aeon’s infringement of the ‘754 Patent and is, therefore, entitled to
damages as provided by law.
44. By exposing to the market infringing products that are confusingly similar to
Innovation’s patented design as reflected in the ‘754 Patent, Defendant Aeon has caused and is
continuing to cause irreparable harm to Innovation by its acts of infringement as described above
and will continue said acts of infringement unless permanently enjoined by this Court.
Prayer for Judgment and Relief
WHEREFORE, Plaintiff Innovation prays:
A. A judgment that Aeon has infringed the ‘754 Patent, and that such
infringement was willful;
9
B. A permanent injunction enjoining Aeon, and all persons acting in concert
with Aeon (including, without limitation, its officers, agents, servants,
employees, parents, subsidiaries, and successors) from infringing the
Patent-in-Suit;
C. A judgment and order requiring Aeon to pay Innovation the total profit made
by Aeon from its infringement of the Patent-in-Suit pursuant to 35 U.S.C. §
289, or all damages caused by Aeon’s infringement of the Patent-in-Suit
(but in no event less than a reasonable royalty) pursuant to 35 U.S.C. § 284;
D. A judgment ordering Aeon to pay Innovation increased damages up to
three times the amount found and assessed pursuant to 35 U.S.C. § 284;
E. A determination that this action is an exceptional case under 35 U.S.C. § 285
due to the intentional and willful infringement by Aeon, and an award
granting Innovation its reasonable attorneys’ fees under 35 U.S.C. § 285;
F. A judgment and order requiring Aeon to pay Innovation supplemental
damages or profits for any continuing post-verdict infringement up until
entry of the final judgment, with an accounting, as needed;
G. An award of prejudgment and post-judgment interest and costs of suit to
Innovation; and
H. Such other and further relief as this Court deems proper and just.
10
Demand for Jury Trial
Innovation, pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, demands a trial
by jury on all issues so triable.
Date: March 19, 2019 Respectfully submitted,
/s/ Anthony J. DiMarino

Anthony J. DiMarino
Emmett S. Collazo
A.J. DIMARINO, P.C.
52 Haddonfield Berlin Road, Suite 1000
Cherry Hill, NJ 08034
Tel.: (856) 853-0055
Fax: (856) 853-2866
ajd@dimarinolaw.com
Ranak K. Jasani (pro hac vice forthcoming)

Megan B. Burnett (pro hac vice forthcoming)
MILES & STOCKBRIDGE P.C.
100 Light Street
Baltimore, MD 21202
Tel.: (410) 727-6464
Fax: (410) 385-3700
rjasani@milesstockbridge.com
mburnett@milesstockbrodge.com
Attorneys for Plaintiff, Innovation U.S.A., Inc.

d/b/a Innovation Living, Inc.
11
Case 3:19-cv-08759 Document 1-1 Filed 03/19/19 Page 1 of 14 PageID: 12
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
COMPARISON OF ‘754 PATENT WITH EXEMPLARY INFRINGING BETSY SOFA IMAGES
‘754 Patent Figures Aeon Infringing Betsy Sofa

EXHIBIT 4
I
MILES&
A. STOCKBRIDGE
Ranak K. Jasani
Direct Dial: (410) 385-3478
E-mail: rjasani(ãmilesstockbride.com
August 30, 2018
VIA CERTIFIED MAIL

RETURN RECIEPT REQUESTED
Angle Industries Ltd. d/b/a Aeon Furniture
1200 County Road 523
Flemington, NJ 08822
Attention: Bruce Greenberg
Re: Infringement of U.S. Design Patent owned by Innovation USA, Inc.
Dear Madam/Sir:
I am counsel for Innovation USA, Inc. d/b/a Innovation Living, Inc. ("Innovation"), which is
located at 2807 Barranca Pkwy, Irvine, CA 92606.
Innovation is the owner and assignee of United States Design Patent US RE 43,754E, entitled
"Sofa" (the "754E patent"), a copy of which is attached hereto as Exhibit A.
Innovation has recently learned that your company, Aeon Furniture ("Aeon"), is marketing and
selling product(s) that infringe the '754E Patent. Specifically, as reflected on Aeon's website
(Aeonfurniture.com), Aeon is advertising and offering for sale a sofa under the name "Betsy"
that is manufactured and/or supplied by your company or one of its affiliates. A copy of the
pertinent pages from Aeon's website advertising the Betsy Sofa is attached hereto as Exhibit B.
In addition, Innovation has learned that the Betsy Sofa has been and/or is being sold for resale to
internet retailer Wayfair LLC ("Wayfair"), which has offered the Betsy Sofa for sale on its
websites Wayfair.com and Allmodern.com under the name "Morsun Convertible Sofa"
(hereinafter, the "Morsun Sofa"). A copy of the pertinent pages from Wayfair's websites
advertising the Morsun Sofa is attached hereto as Exhibit C.
Be advised that the Betsy Sofa and Morsun Sofa (collectively "Betsy Sofa") as advertised on
your and Wayfair's websites infringe Innovation's 745E patent. On behalf of Innovation, I
hereby demand that Aeon immediately cease and desist manufacturing, selling and/or offering
for sale the Betsy Sofa (or any other sofa of identical design) in the United States. Toward that
end, Innovation requests that within ten (10) days of your receipt of this letter, Aeon take the
following actions:
Remove the Betsy Sofa (and any other sofa of identical design) from its website;
100 LIGHT STREET BALTIMORE, MD 21202-1153 410.727.6464 milesstockbridge.com

EASTON. MD . FREDERICK, MD ROCKVILLE, MD TOWSON, MD TYSONS CORNER, VA WASHINGTON, D.C.
Aeon Furniture MILES &

Attention: Bruce Greenberg A. STOCKBRIDGE
August 30, 2018
Page 2
Cease manufacturing, offering for sale and/or selling the Betsy Sofa (and any
other sofa of identical design) in the United States;
Send to me (as counsel for Innovation) a letter providing the following

information:
- Written confirmation that in compliance with this demand, Aeon has ceased
manufacturing, offering for sale and/or selling the Betsy Sofa (and any other
sofa of identical design) in the United States;
- The name and address of any and all affiliates of Aeon involved in the
manufacture, marketing and/or sale of the Betsy Sofa (and any other sofa of
identical design) in the United States;
The name and address of any and all retailers or distributors located in the
United States to whom Aeon and/or its affiliates have supplied or sold the
Betsy Sofa (and any other sofa of identical design) from October 23, 2012 to
the present;
- A complete accounting of the number of Betsy Sofas (and any other sofas of
identical design) that Aeon has manufactured and/or sold in the United States
since October 23, 2012; and
- A complete accounting of the number of Betsy Sofas (and any other sofas of
identical design) that Aeon retains in its inventory and your plans for the
disposition of that inventory.
Be advised that a failure to comply with this demand may expose Aeon to liability for
infringement of Innovation's patent rights. Be further advised that Innovation expressly reserves
the right to pursue any and all rights and remedies available at law or in equity, including,
without limitation, the rights and remedies afforded under the applicable laws of the United
States or other jurisdictions.
Your prompt attention to this matter is both requested and appreciated.
Vertruly yours,
Ranak K. Jasani
Aeon Furniture MILES

Attention: Bruce Greenberg A. STOCKBRIDGE
August 30, 2018
Page 2
bcc. Kjeld Jensen

EXHIBIT A
I ifIII 111111(1 iii 111111111111 JIll liii flu lIff liii! 111111 ffi Jill! ill!
USOORE437S4E
(19) United States
(12) Reissued Patent (10) Patent Number: US RE43,754 E
Andersen (45) Date of R&ssued Patent: Oct. 23, 2012
(54) SOFA (57) CLAIM

The ornamental design for a sofa, as shown and disclosed.
(75) inventor: l'er Weiss Andersen, Randers (DK)
(73) Assignee: Innovation U.S.A., Inc.. South San DESCRIPi'1O

Francisco, CA (US)
FIG. Its a perspective view of a first embodiment of the sofa
(21) .AppI. No.: 29/392,27) showing the new design;
FIG. 2 is a hunt view thereat';
(22) Filed: Dec. 30, 2010 FIG. 3 is a left side view thereof:
PIG. 4 is a right tide view thereof:
Related U.S. Patent Documents FIG. 5 is a top plan view thereof;
Reissue of: 19G. 6 is a hotic'.m plan view thereof;
(64) Patent No.: Des. 583,585 FIG. 7 is a back view thereof:
Issued: Dec. 30, 2008 FIG. 8 is a perspective view thereof in a partially reclined
Appi. No.: 29/283,569 position:
Filed: Aug. 17, 2007 FIG. 9 is a perspective view thereof in a fully reclined posi-
(51) LOC(9) Cl...................................................06-01 tion: [andj
(52) U.S. Cl.........................................................D6/381 FIG. 10 is a perspective view thereof'with part of the back in
a partially reclined position[.];
(58) Field of Classification Search ...........D6/334-338,
FIG. 11 is a perspective view ala second e,nhodi,nenr of the
D6/349, 355,361. 368-370 376, 379-381. sofa showing the new design;
D6/492, 500-502: 297/16.1, 42, 94, 135. FIG. 12 is afroni viei' thereof;
297/175. 232, 233. 350. 351, 445.1, 448.1. 1-1G. 13 is a lef i side view thereof;
297/448.2. 451.9: 5112.1, 12.2 FIG. 14 is a right side view thereof
See application tile for complete search history. FIG. 15 is a top plan view thereof
FIG. 16 is a bottom plan view thereof
(56) References Cited
FiG. 17 is a back vie'..' thereof
U.S. PATENT DOCUMENTS FIG. 18 is a perspective vies'.' thereof in a partial/v reclined
position;
2.217.426 A 101940 Zareko FIG. 19 is a perspective vies.' thereof in a [u//v reclined
1)151.587 S * 11/1948 I3uckner ........................1)6.381
1)169.911 S * 6/1953 Netzer ..........................1)6381 ion; and,
jn.siI
0170.665 S 10/1953 Spence ..........................1)6.381 FIG. 20 is a perspective view the real with part of the back in
D263,770 S 4/1982 Melcbior a partial/v reclined pos ition.
4,621,381 A 11/1986 Schianiek The dashed lines show,s in the drawings are (or illustretive
5.329,654 A 7/1994 Sherman pur/x sex on/v and (orin no part oft/ic clainied design.
1)42571 I S 512000 Desoinhre
D429.082 S 5/2000 Desonibre
6,161.231 A 122000 Kiaftetal. I Claim, 11 Drawing Sheets
(Contittued)
Matter enclosed in heavy brackets ( ] appears in the
Primary Examiner - Sandra Snapp original patent but forms no part of this reissue; matter
(74) Attornet Agent. or Firm -- Miles & Stockbridge P.C. printed in italics indicates the additions made by reissue.
(New)
EXHIBIT A
US RE43,754 E
Pace 2
U.S. PATENT DOCUMENTS D546.575 S 7/2307 Nastri

1)569,111 S 52008 Swanson
D444.305 S * 7;2001 Mourgue .......................1)6.335 1)569,123 S 5/2008 Roozel a!
D446.962 S 8/2001 Mourgue .......................1)6381 1)603,617 S 11/2009 Weiss .............................1)6/38!
1)455.281 S 4.2002 Andersen el al...............1)6/381 D603,618 S * I 1/2009 Weiss ............................1)6,381
1)455,282 S 4/20U2 Andersen et al...........IW3RI FY'03,619 S 11/7009 Wdsc ......................1)6/381
1)477.152 S 72003 Levy 1)604.957 s * 122009 Weiss .............................D6381
1)484.327 S 12.2003 Ricci D610.366 S 2'OlO Kanthasamy ..................D6'381
1)490.996 S ' 62004 Weiss ci l 1)01181
1)014,419 S s 4,7fl Andersen .......................1)6/381
1)493.039 S 72004 Ricci 1)615.766 S 5/2010 Andersen .......................1)6/381
1)495514 S 92004 Ricci 1)616,215 S * 5,'2010 Andersen .......................1)6/381
D495.892 S 9 2004 Ricci D617,571 S ' 6/2010 Andersen .......................1)6/381
1)495.893 S 9 2004 Rieri 1)618.007 S ' 6/2010 Andersen .......................1)6,381
1)498.075 S 112004 Mourgue ......................1)6.381 D621,174 S 8/2010 Kanthasamy ..................1)6/381
6.824.220 131 112004 Davison 1)623.869 S * 9/2010 Andersen .......................1)6/381
1)499.261 S 1212004Ricci
1)515.333 S 2/2006 Na1uzi
D5l5.334 S 22006 Natuzi
1)527.541 S 9.2006 amzzi
D541.074 S 4 2007 Natuzzi * cited by examiner
U.S. Patent Oct. 23, 2012 Sheet I of 11 US RE43,754 E
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Betsy (Aeon)
EXHIBIT B
Betsy (Aeon)
Betsy (Aeon)
EXHIBIT C
Morsun (Wayfair)
EXHIBIT C
Morsun (Wayfair)
Case 3:19-cv-08759 Document 1-4 Filed 03/19/19 Page 26 of 31 PageID: 57 Morsun (Wayfair)
Morsun (Wayfair)
Morsun (Allmodern)
Morsun (Allmodern)
Morsun (Allmodern)
Morsun (Allmodern)
EXHIBIT 5
From: Bruce - Aeon Furniture [mailto:bruce@aeonfurniture.com]

Sent: Monday, September 24, 2018 12:01 PM
To: Jasani, Ranak K. <rjasani@MilesStockbridge.com>
Subject: Innovation USA
Please be advised that Aeon Furniture has discontinued the subject item from our line. We hope you find this resolution
acceptable. I have personally reached out to Kjeld Jensen from Innovation last week to discuss this matter, and he
informed me that I should contact you directly. I have known Kjeld for over 10 years and certainly would not have
intentionally done anything to infringe on Innovation's business.
Best Regards
Bruce Greenberg
Bruce Greenberg
Aeon Furniture
(973) 276-0552
bruce@aeonfurniture.com
EXHIBIT 6
Burnett, Megan B.
From: Jasani, Ranak K.

To: 'Bruce - Aeon Furniture'
Subject: RE: Innovation USA
Dear Mr. Greenberg:
Thank you for your message concerning receipt of the demand letter sent on behalf of my client, Innovation USA, Inc.
d/b/a Living (“Innovation”).
My client appreciates your indication that Aeon Furniture has discontinued the manufacture of the Betsy sofa and its
further cooperation. To that end, in accord with the demand set forth in the demand correspondence, Innovation requests
within ten (10) days of your receipt of this letter, Aeon Furniture take the following actions, with particular attention to
the written confirmation highlighted below:
● Remove the Betsy Sofa (and any other sofa of identical design) from its website;
● Cease manufacturing, offering for sale and/or selling the Betsy Sofa (and any other sofa of identical design)
in the United States;
● Send to me (as counsel for Innovation) a letter providing the following information:
- Written confirmation that in compliance with this demand, Aeon has ceased manufacturing, offering
for sale and/or selling the Betsy Sofa (and any other sofa of identical design) in the United States;
- The name and address of any and all affiliates of Aeon involved in the manufacture, marketing and/or
sale of the Betsy Sofa (and any other sofa of identical design) in the United States;
- The name and address of any and all retailers or distributors located in the United States to whom Aeon
and/or its affiliates have supplied or sold the Betsy Sofa (and any other sofa of identical design) from
October 23, 2012 to the present;
- A complete accounting of the number of Betsy Sofas (and any other sofas of identical design) that Aeon
has manufactured and/or sold in the United States since October 23, 2012; and
- A complete accounting of the number of Betsy Sofas (and any other sofas of identical design) that Aeon
retains in its inventory and your plans for the disposition of that inventory.
Be advised that Innovation expressly reserves all rights and remedies. Kindly direct any further communication regarding
this matter to my attention. If you have retained counsel in this matter, please ask him/her to contact me.
Your prompt attention to this matter is both requested and appreciated.
Kind regards,
Ranak Jasani
Ranak K. Jasani
Miles & Stockbridge
direct: (410) 385-3478
We Go the Extra Mile
1
From: Bruce - Aeon Furniture [mailto:bruce@aeonfurniture.com]

To: Jasani, Ranak K. <rjasani@MilesStockbridge.com>
Subject: Innovation USA
Please be advised that Aeon Furniture has discontinued the subject item from our line. We hope you find this resolution
acceptable. I have personally reached out to Kjeld Jensen from Innovation last week to discuss this matter, and he
informed me that I should contact you directly. I have known Kjeld for over 10 years and certainly would not have
intentionally done anything to infringe on Innovation's business.
Best Regards
Bruce Greenberg
Bruce Greenberg
Aeon Furniture
(973) 276-0552
bruce@aeonfurniture.com
2
EXHIBIT 7
MILES :
A. STOCKBRIDGE p.c.
Ranak K. Jasani
Direct Dial: (410) 385-3478
E-mail: rjasani(milesstockbride.com
January 28, 2019
VIA CERTIFIED MAIL

RETURN RECIEPT REQUESTED
Angle Industries Ltd. dlb/a Aeon Furniture
Attention: Bruce Greenberg, Director
Alan Finkelstein, Officer
Re: Continued Infringement of U.S. Design Patent owned by Innovation USA, Inc.
Dear Messrs. Greenberg and Finkeistein:
As you are aware, I am counsel for Innovation USA, Inc. dlb/a Innovation Living, Inc.
("Innovation"), which is located at 2807 Barranca Pkwy, Irvine, CA 92606. Innovation is the
owner and assignee of United States Design Patent US RE 43,754E, entitled "Sofa" (the "754E
patent"), a copy of which has previously been provided to Aeon but is attached hereto as Exhibit
A for your reference.
By letter dated August 30, 2018, Aeon Furniture ("Aeon") was notified, through Mr. Greenberg,
that its marketing, offers to sell, and sale of product(s) under the names Betsy Sofa and/or
Morsun Sofa (manufacturer model number AE083-Grey) (the "Betsy Sofa") on its own website
or via third -party online platforms (such as Wayfair.com and Allmodern.com) infringe the '754E
Patent. By email dated September 24, 2018, Mr. Greenberg responded to my letter, informing
me that Aeon had discontinued the Betsy Sofa from its line and acknowledging his longstanding
acquaintance with Innovation's CEO, Kjeld Jensen. Through direct communication with Mr.
Jensen, Mr. Greenberg further acknowledged and agreed that Aeon would cease and desist from
marketing or offering the Betsy Sofa for sale.
By email dated September 24, 2018, I responded to Mr. Greenberg and reiterated the request
made in my initial demand letter that Aeon provide written confirmation that Aeon has ceased
manufacturing, offering for sale, and/or selling the Betsy Sofa and any other identical design in
the United States. I further reiterated my request for information from Aeon regarding the
identity of Aeon affiliates involved in the manufacture, marketing and/or sale of the Betsy Sofa,
the identity of other third -party retailers or distributors to whom Aeon or its affiliates supplied or
sold the Betsy Sofa, and a complete accounting of Aeon's inventory and sale history of the Betsy
Sofa.
100 LIGHT STREET BALTIMORE, MD 21202-1153 410.727.6464 milesstockbridge.com

EASrON, MD FREDERICK, MD ROCXVILLE, MD fOWSON, MD TYSONS CORNER, NA . WASHINGTON, D
Bruce Greenberg, Director and Alan Finkeistein, Officer MILES

January 28, 2019 STOCKBRIDGE
Page 2
To date, I have received only limited responses from Aeon to my two previous requests for
confirmation and information.
Unfortunately, we have recently learned that Aeon, despite its assurances to the contrary, has
continued to supply and/or make available for sale the Betsy Sofa to or through various retailers,
which include BisonOffice, Rakuten, Novi Decor (P3 Ventures), buzz, Walmart, Homesquare,
Amazon', Inmod2, and GWG Outlet, among others. In fact, the Betsy Sofa is presently being
marketed as the Hugo Convertible Sofa, through Inmod Signature Collection and available for
purchase online at: https://www.amazon.com/Inmod-Signature-Collection-AE083-Grey-
Convertible/dp/B07227332D/ref=sr13 ?ie=UTF8&qid 15482721 74&sr=8-
3&keywords=hugo+convertible+sofa. A copy of the pertinent pages from Amazon's website is
attached hereto as Exhibit B.
As you have repeatedly been advised, the marketing of the Betsy Sofa, regardless of name alias
(including Hugo Convertible Sofa or Morsun Convertible Sofa), as advertised on the foregoing
websites infringe Innovation's '745E Patent. On behalf of Innovation, I hereby demand that
Aeon immediately cease and desist manufacturing, selling and/or offering for sale the Betsy Sofa
(or any other sofa of identical design) in the United States.
Toward that end, Innovation demands that within five (5) business days of your receipt of this
letter, Aeon take the following actions:
Remove or seek removal of advertisements for the Betsy Sofa or Hugo

Convertible Sofa (and any other sofa of identical design) from any third -party
website or online marketplace (including but not limited to Amazon.com);
Cease manufacturing, offering for sale and/or selling the Betsy Sofa or the Hugo
Convertible Sofa (and any other sofa of identical design) in the United States,
either directly, or indirectly through third -party retailers or third -party
intermediary distributors;
Send to me (as counsel for Innovation) a letter providing the following

information:
- Written confirmation that in compliance with this demand, Aeon has ceased
manufacturing, offering for sale and/or selling the Betsy Sofa or the Hugo
Convertible Sofa (and any other sofa of identical design) in the United States;
- The name and address of any and all affiliates of Aeon (including Inmod)
involved in the manufacture, marketing and/or sale of the Betsy Sofa or the
'Aeon Furniture, through Amazon.com, markets the Betsy Sofa as the "Hugo Convertible Sofa."
2
Inmod, through Inmod Signature Collection offered on Amazon.com, markets the Betsy Sofa as the "Hugo
Convertible Sofa."
Bruce Greenberg, Director and Alan Finkeistein, Officer M [ES

January 28, 2019 h A. STOCKBRJDGE p.c.
Page 3
Hugo Convertible Sofa (and any other sofa of identical design) in the United
States;
A complete list of all retailers (including brick and mortar and online retailers)
and online third -party marketplaces, which advertise or offer for sale in the
United States the Betsy Sofa or the Hugo Convertible Sofa (and any other sofa
of identical design)
The name and address of any and all retailers or distributors located in the
United States to or via whom Aeon and/or its affiliates have supplied or sold
the Betsy Sofa or the Hugo Convertible Sofa (and any other sofa of identical
design) from October 23, 2012 to the present;
- A complete accounting of the number of Betsy Sofas or Hugo Convertible

Sofas (and any other sofas of identical design) that Aeon has manufactured
and/or sold in the United States since October 23, 2012; and
- A complete accounting of the number of Betsy Sofas and Hugo Convertible

Sofas (and any other sofas of identical design) that Aeon retains in its
inventory and your plans for the disposition of that inventory.
This is Innovation's third and final demand. Be advised that failure to comply with this demand
may expose Aeon to liability for infringement of Innovation's patent rights. Be further advised
that Innovation expressly reserves the right to pursue any and all rights and remedies available at
law or in equity, including, without limitation, the rights and remedies afforded under the
applicable laws of the United States or other jurisdictions.
If you have retained counsel, please have him or her confirm receipt of this letter and enclosure
by contacting me at (410) 385-3478. Your prompt attention to this matter is requested.
Ve truly yours,
Ranak K. Jasani
Ends.
cc: Kjeld Jensen

EXHIBIT A
III!! ifJill!! III 1111111111111111111111111111111111111ff 111111 II! Ill!! Ill!

US00RE43754E
(19) United States
(12) Reissued Patent (10) Patent Number: US RE43,754 E
Andersen (45) Date of Reissued Patent: Oct. 23, 2012
(54) SOFA (57) CLAIM

The ornamental design for a sofa, as shown and disclosed.
(75) Inventor: Per Weiss Andersen. Randers (UK)
(73) Assignee: Innovation U.S.A., Inc.. South San DESCRIPT1O
Francisco, CA (US)
FIG. I is a perspective view of afirsi embodiment of the sofa
(21) Appl.No: 29/382,271 showing the new design;
flG. 2 is a front view thereof
(22) Filed; Dec. 30, 2010 FIG. 3 isa left side view thereof
FIG. 4 is a right side view thereof;
Related U.S. Patent Documents FIG. S is a top plan view thereof:
Reissue of; FIG. 6 is a bottom plan view thereof:
(64) Patent No.; Des. 583,585 FIG. 7 is a back view thereof;
Issued; Dec. 30, 201)8 FIG. S is a perspective view thereof in a partially reclined
Appi. No.; 29/283,569 position:
Filed; Aug. 17,2007 FIG. 9 is a perspective view thereof in a fully reclined posi-
(51) LOC(9)CI...................................................06-0J tion: [and,1
(52) U.S. Cl.........................................................D61381 FIG. 10 is a perspective view thereofwith part of the back in
a partially reclined position[.];
(58) Field of Classification Search ...........D6/334-338,
FIG. ills a perspective view of a second embodiment ofthe
D6/349, 355. 361.368-370 376. 379-381, sofa showing the new design;
D6/492, 50O-502; 297/16.1, 42, 94, 135. FIG. 12 is afro,it view the reof
297/175, 232, 233. 350, 351, 445.1, 448.1. FiG. 13 is a left side vie'.,' the reo/
297/448.2, 451.9: 5/12.1, 12.2 FIG. 14 is a right side view thereof
See application file for complete search history. FIG. 15 is a top p/an view ;hereo[
FIG. 16 is a boizo,n plan view thereof
(56) References Cited FIG. 17 is a bock view thereof
U.S. PATENT DOCUMENTS FIG. 18 is a perspective view thervof'in a partially reclined
05 it ian;
2,217.426 A 10/1940 Zareko FIG. 19 is a perspective view thereof in a fully reclined
DiSt,587 S 11/1948 Ruckner ........................D6131t1
1)169,911 S * 6/1953 Nctzer ...........................1)6.381 po.c it ion; and.
1)170,665 S 10/1953 Spence ..........................D6/381 FIG. 2Ois a perspective view the reof with part ofthe back in
1)263,770 S 4/1982 Mdchior a partially reclined pos juan.
4.621.381 A 11/1986 Scluamek The dashed lines shown in the drawings are for il/ustra/ive
5.329.654 A 71994 Sherman purpsre.r on/v and form no part of the clainied design.
D425,711 S 5i2000 Desoithre
1)429.082 S &2000 Desombre
6.161,231 A i22000 Ksaftctal. 1 Claim. 11 Drawing Sheets
(Continued)
Matter enclosed in heavy brackets [ J appears in the
Primary Examiner - Sandra Snapp original patent hut forms no part of this reissue; matter
(74) .4ltorney Agent. or Firm - Miles & Stockbridge P.0 printed in italics indicates the additions made by reIssue.
(New)
EXHIBIT A
US RE43,754 E
Page 2
U.S. PATENT DOCUMENTS 1)546.575 S 712007 Nastn

0569,111 S 5/2008 Swanson
1)444,305 S 712001 Mousguc .......................1)6335 1)569.123 S 5/2008 Roozet a]
1)446.962 S 0
1)455,281 S *
8/2001 Mowgue ......................1)6/381
412002 Andersenetal...........1)6/381
0603.617 S '
11/2009 Weiss .............................06/381
1)603,618 S 11/2009 Weiss .............................1)6/381
1)455.282 S 4/2002 Andersen et al..............1)6/381 1)603.619 S 11/2009 Weiss .............................1)6/381
1)477,152 S 7.2003 Levy 1)604.957 S 12/2009 Weiss .............................1)6/381
1)484,327 S 12/2003 Ricci 0610.366 S 2/2010 Kantlsasamy ..................1)6/381
1)490.996 S 6/2004 Weissetal....................1)6/381 1)614.419 S * 4'2010 Andersen .......................D61381
1)493.039 S 72004 Ricci 0615.766 S 5/2010 Andersen .......................06/381
049'.514 S 92004 Ricci 1)616.215 5 5/2010 Andersen .......................1)6/381
1)495.892 S 9 2004 Ricci D617.571 S 612010 Andersen .......................1)6/381
1)495.893 5 9 2004 Ricci 1)618.007 5 6/2010 Andersen .......................1)6/381
1)498.075 S 112004 Mourgue ......................1)61381 1)621,174 S 812010 Kanthasainy ..................1)6/381
6,824.220 BI I1'2004 Davison 0623.869 S * 912010 Andersen .......................06/381
D499.261 S 1212004 Ricci
D515.333 5 2/2006 Naiuzii
1)515.334 S 2:2006 Natuzzi
1)527.541 S 9.2006 Natuz
D541,074 S 42007 Natuzz, cited by examiner
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Innovation USA v. Angle Industries - Complaint

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Case 3:19-cv-08759 Document 1 Filed 03/19/19 Page 1 of 11 PageID: 1

IN THE UNITED STATES DISTRICT COURT

INNOVATION U.S.A., INC. :

Nature of the Action

and injunctive relief.

Mission Viejo, CA 92691. Plaintiff Innovation is in the business of manufacturing and

3. Defendant Angle Industries, Ltd. (doing business as Aeon Furniture) (hereinafter

including a sofa that infringes the design patent-in-suit.

Jurisdiction and Venue

matter jurisdiction pursuant to 28 U.S.C. § 1338(a) and/or § 1331.

5. This Court has personal jurisdiction over Defendant Aeon as it is a corporation

and may be found in this judicial district.

Court, therefore, is proper under 28 U.S.C. § 1391(b) and/or § 1400.

A. Innovation’s Business and the Patent-In-Suit.

7. Plaintiff Innovation is a leading supplier of contemporary furniture, including

8. Inspired by a Scandinavian design tradition, as well as fashion and lifestyle

trends, Innovation markets a unique collection of contemporary furniture incorporating the

Per Weiss Andersen.

Per Weiss Andersen, and assigned to Innovation.

(Figures 11 – 20) of the Patent-in-Suit disclose a second embodiment of the sofa.

since its issuance.

B. Aeon’s Prior Knowledge of the Patent-In-Suit.

also serves in the capacity of officer or director of Aeon.

employment, Mrs. Greenberg was responsible for handling Innovation’s account.

commercially embodies the Patent-In-Suit.

employment with the Jaycee Warehouse, obtained an extensive understanding of Innovation’s

designs of Innovation’s furniture products and collections.

product delivery documentation, which disclosed indicia of Innovation’s patented articles,

including those that practiced the ‘754 Patent.

20. Through their frequent exposure to Innovation’s inventory and product

they had knowledge of the Patent-In-Suit.

C. Aeon’s Acknowledged and Willful Infringement of the Patent-In-Suit.

employed by Jaycee Warehouse.

importer of European and Scandinavian-inspired modern classic furniture.

United States by Defendant Aeon (the “Infringing Betsy Sofa”).

exemplary images of the Infringing Betsy Sofa, is attached hereto as Exhibit 3.

party marketplaces to end-user customers in the United States.

for over ten (10) years.

inventory and sale history of the Infringing Betsy Sofa.

Outlet, among others.

copy of the January 28, 2019 letter is attached hereto as Exhibit 7.

product in the United States.

33. In light of Defendant’s failure to comply with Innovation’s repeated demands,

infringement of the Patent-In-Suit.

forth in the foregoing paragraphs above.

Defendant repeated written notice of its infringement.

intentionally and willfully infringe, the ‘754 Patent.

damages as provided by law.

Prayer for Judgment and Relief

WHEREFORE, Plaintiff Innovation prays:

infringement was willful;

B. A permanent injunction enjoining Aeon, and all persons acting in concert

with Aeon (including, without limitation, its officers, agents, servants,

employees, parents, subsidiaries, and successors) from infringing the

by Aeon from its infringement of the Patent-in-Suit pursuant to 35 U.S.C. §

289, or all damages caused by Aeon’s infringement of the Patent-in-Suit

(but in no event less than a reasonable royalty) pursuant to 35 U.S.C. § 284;

D. A judgment ordering Aeon to pay Innovation increased damages up to

E. A determination that this action is an exceptional case under 35 U.S.C. § 285

due to the intentional and willful infringement by Aeon, and an award

granting Innovation its reasonable attorneys’ fees under 35 U.S.C. § 285;

F. A judgment and order requiring Aeon to pay Innovation supplemental

damages or profits for any continuing post-verdict infringement up until

entry of the final judgment, with an accounting, as needed;

G. An award of prejudgment and post-judgment interest and costs of suit to

Demand for Jury Trial