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Case 4:19-cv-01946 Document 1 Filed on 05/29/19 in TXSD Page 1 of 16

UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

Cabeau, Inc.,
Civil Action No. ___________
Plaintiff,
COMPLAINT FOR PATENT
v. INFRINGEMENT

Allnet, Inc.,
DEMAND FOR JURY TRIAL
Defendant.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Cabeau, Inc. (“Plaintiff” or “Cabeau”) for its complaint against Defendant Allnet,

Inc. (“Defendant” or “Allnet”), hereby alleges as follows:

NATURE OF THE ACTION

1. This is a civil action for the infringement of United States Design Patent No.

D619,402 (the “’402 patent”) and United States Patent Nos. 9,526,360 (the “’360 patent”) and

9,635,962 (the “’962 patent”) (collectively, the “patents-in-suit”) under the patent laws of the

United States, 35 U.S.C. § 100 et seq., arising from Allnet’s manufacture, use, offer to sell and/or

sale of infringing neck pillow products.

PARTIES

2. Cabeau is a corporation organized and existing under the laws of California, with a

principal place of business at 21700 Oxnard Street, #900, Woodland Hills, CA 91367.

3. On information and belief, Allnet is a corporation organized and existing under the

laws of Texas, with a principal place of business at 10355 Landsbury Dr., Suite 316, Houston, TX

77479.

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JURISDICTION AND VENUE

4. This action arises under the patent laws of the United States, including 35 U.S.C.

§§ 271 and 281.

5. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. §§ 1331 and 1338.

6. This Court has personal jurisdiction over Allnet because, on information and belief,

Allnet is a corporation organized and existing under the laws of Texas with a principal place of

business in this District.

7. Additionally, this Court has personal jurisdiction over Allnet because, on

information and belief, Allnet, inter alia, has continuous and systematic contacts with Texas and

with this District, regularly conducts business in Texas and in this District, either directly or

through one or more of its affiliates, agents, and/or alter egos, has purposefully availed itself of

the privilege of doing business in Texas and in this District, has offered, sold, and advertised

infringing products in Texas and in this District, and has purposefully directed activities at

residents of Texas and this District. As such, Allnet has established sufficient minimum contacts

with this District such that it would reasonably and fairly anticipate being called into court in this

District.

8. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400(b) because,

inter alia, Allnet is a corporation organized and existing under the laws of Texas with a principal

place of business in this District.

FACTUAL BACKGROUND

9. Cabeau is a global leader in the travel product industry. As a result of its significant

investment in innovation and careful attention to detail, Cabeau has developed distinctive designs

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and a unique level of craftsmanship that have revolutionized the market for comfort products and

on-the-go gear. In particular, Cabeau’s flagship product, the Evolution® Pillow, is one of the best-

selling travel pillows worldwide and is exemplary of Cabeau’s innovative designs.

10. As a direct result of its advanced design, the Evolution® Pillow was an instant

success. Analysts and consumers alike praised the product as a game-changer. For instance,

People Magazine listed the Evolution® Pillow as one of its top “Travel Picks.” Examiner.com

noted that the Evolution® Pillow has “revolutionized the concept” of travel pillows. Likewise, The

Travel Insider described the “clever design” as a breakthrough. No travel pillow product that

preceded the Evolution® Pillow came close to its level of sophistication and quality, and the

market responded by quickly making the product a ubiquitous best-seller in its category.

11. Cabeau has invested significant time, effort and capital in presenting the

Evolution® Pillow at trade shows and extensively advertising the Evolution® Pillow throughout

the United States in a variety of media channels, including the Internet, magazines, newsletters,

catalogs and newspapers—with the vast majority of the advertisements featuring photographs of

the product’s distinctive design. Cabeau has invested millions of dollars in advertising

expenditures for this single product since its launch.

12. Cabeau sells or has sold the Evolution® Pillow through nationwide mass market

retailers, including without limitation Target, REI, Bed, Bath & Beyond, and Bloomindales.

Cabeau also sells or has sold the Evolution® Pillow through targeted channels, such as Hudson

News and Paradies Lagarder, which sell the product in major airports and transportation hubs

across the United States.

13. Cabeau also sells the Evolution® Pillow via its own website at

http://www.cabeau.com and through major online distributors such as Amazon.com.

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14. Cabeau’s Evolution® Pillow has received unsolicited comment and attention in

print and broadcast media throughout the United States, including mainstream media outlets such

as ABC News, The New York Times, the Los Angeles Times, USA Today, MSNBC, Gizmodo

and The Washington Post. The Evolution® Pillow is routinely the subject of positive commentary

and receives unsolicited praise from independent commentators.

15. Accordingly, the Cabeau Evolution® Pillow product design has come to represent

and symbolize the superb quality of Cabeau’s products and enjoys substantial goodwill among

consumers. That quality and goodwill has made the Evolution® Pillow a number one best-seller

in stores across the United States despite its high price point compared to competitors’ products.

Consumers have consistently demonstrated they are willing to pay more for the premium quality

and superior design of the Evolution® Pillow; its success speaks for itself.

16. Cabeau has protected its innovative designs though intellectual property rights.

Among those are the patents-in-suit which cover many of the distinctive ornamental or useful

features of the Evolution® Pillow, which is duly marked with United States Design Patent No.

D619,402 and United States Patent Nos. 9,526,360 and 9,635,962.

17. Allnet has been, and presently is, using, making, selling, offering for sale, and/or

importing products that infringe Cabeau’s patents, including patents covering design and useful

features of the Evolution® Pillow.

18. Allnet sells and offers for sale the Allgala Memory Foam Contoured Travel Neck

Pillow (the “Allgala pillow”) on its own website http://www.allgala.com and through other online

distributors such as Amazon.com.

19. On March 8, 2019, Cabeau’s representative contacted Allnet, notified Allnet of

Cabeau’s intellectual property rights, including the ’402 patent specifically, and requested that

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Allnet cease and desist from using, making, selling, offering for sale, or importing products that

infringe any of Cabeau’s intellectual property rights.

20. On March 12, 2019, Allnet replied refusing Cabeau’s request.

THE PATENTS-IN-SUIT

21. The ’402 patent, entitled “Travel Pillow,” was duly and lawfully issued by the

United States Patent and Trademark Office (“USPTO”) on July 13, 2010. Cabeau acquired the

’402 patent by assignment on September 29, 2014 and duly recorded the assignment with the

USPTO. Cabeau owns all right, title, and interest in the ’402 patent. A true and correct copy of

the ’402 patent is attached hereto as Exhibit A.

22. The ’360 patent, entitled “Travel Pillow,” was duly and lawfully issued by the

USPTO on December 27, 2016. Cabeau owns all right, title, and interest in the ’360 patent. A

true and correct copy of the ’360 patent is attached hereto as Exhibit B.

23. The ’962 patent, entitled “Travel Pillow,” was duly and lawfully issued by the

USPTO on May 2, 2017. Cabeau owns all right, title, and interest in the ’962 patent. A true and

correct copy of the ’962 patent is attached hereto as Exhibit C.

COUNT I
INFRINGEMENT OF THE ’402 PATENT

24. Cabeau restates, realleges, and incorporates by reference paragraphs 1-23 as if fully

set forth herein.

25. Allnet has been, and presently is, willfully infringing the ’402 patent by making,

using, selling, offering for sale, and/or importing pillows that embody the invention claimed by

the ’402 patent.

26. The accused pillows imported to, offered for sale, or sold into the United States by

Allnet, including without limitation those sold as the Allgala pillow, directly infringe the ’402

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patent. Rather than develop their own unique style for travel pillow products, Allnet has blatantly

and willfully copied Cabeau’s innovative design.

27. By way of example, the images below compare elements of the ’402 patent’s

claimed invention and the Allgala pillow, as offered for sale at

https://allgala.com/collections/decoration/products/allgala-memory-foam-contoured-travel-neck-

pillow-with-matching-eye-mask:

The ’402 Patent The Allgala Pillow


Perspective View

Rear Elevational View

Bottom Plan View

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28. Cabeau has complied with the statutory requirement of placing a notice of the ’402

Patent on all Evolution® Pillows it manufactures and sells and has given Allnet written notice of

their infringement.

29. Allnet had actual or constructive notice of their infringement prior to Cabeau’s

filing this action.

COUNT II
INFRINGEMENT OF THE ’360 PATENT

30. Cabeau restates, realleges, and incorporates by reference paragraphs 1-29 as if fully

set forth herein.

31. Allnet has been, and presently is, willfully infringing the ’360 patent by making,

using, selling, offering for sale, and/or importing pillows that embody the invention claimed by

the ’360 patent.

32. The accused pillows imported to, offered for sale, or sold into the United States by

Allnet, including without limitation those sold as the Allgala pillow, directly infringe, either
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literally or under the doctrine of equivalents, the ’360 patent. Without limitation, the infringed

claims include at least claims 1-5 of the ’360 patent.

33. By way of example, the images below compare claim 1 of the ’360 patent and the

Allgala pillow, as offered for sale at https://allgala.com/collections/decoration/products/allgala-

memory-foam-contoured-travel-neck-pillow-with-matching-eye-mask:

The ’360 Patent The Allgala Pillow


A travel pillow, comprising:

a first base side portion comprising a first base


inner surface, a first base outer surface, and a
first base front wall between said first base
inner surface and said first base outer surface;

a first raised side portion integral with said


first base side portion, said first raised side
portion comprising a first raised top surface,
said first raised top surface being a first
substantially flat top surface having a first
height;

a second base side portion comprising a


second base inner surface, a second base outer
surface, and a second base front wall between
said second base inner surface and said second
base outer surface;

a second raised side portion integral with said


second base side portion, said second raised
side portion comprising a second raised top
surface said second raised top surface being a
second substantially flat top surface that is
substantially coplanar with said first
substantially flat top surface at said first
height;

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a rear base portion between said first and


second base side portions, said rear base
portion comprising a rear base inner surface
and a rear base outer surface, said rear base
inner surface between said first and second
base inner surfaces, and said rear base outer
surface between said first and second base
outer surfaces;

a rear raised portion integral with said rear


base portion, said rear raised portion
comprising a rear raised inner surface, a rear
raised outer surface, and a rear raised top
surface, said rear raised top surface shaped to
define a dip between said first raised top
surface and said second raised top surface;

a first base curved transition between said rear


base outer surface and said first base outer
surface; and

a second base curved transition between said


rear base outer surface and said second base
outer surface;

wherein said first base side portion, said


second base side portion, and said rear base
portion define a substantially U-shaped base
cushion extending in a first plane, and wherein
said first raised side portion, said second
raised side portion, and said rear raised
portion define a substantially U-shaped raised
cushion extending in a second plane
substantially parallel to said first plane;

wherein said first raised side portion covers


less than all of a top surface of said first base
side portion, and said second raised side
portion covers less than all of a top surface of
said second base side portion;

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wherein said rear base portion is thinner than


each of said first and second base side
portions;

wherein said rear raised portion is thinner than


each of said first and second raised side
portions;

wherein said rear base inner surface and said


rear raised inner surface are mutually flush;

wherein said pillow is substantially flat for a


continuous majority of a distance from a
bottom end of said rear base outer surface to a
top end of said rear raised outer surface;

wherein said rear base outer surface comprises


a rear base outer surface left end and a rear
base outer surface right end;

wherein said rear base outer surface is


substantially flat from said rear base outer
surface left end to said rear base outer surface
right end;

wherein the distance from said rear base outer


surface left end to said rear base outer surface
right end is greater than half the total width of
said pillow;

wherein said rear raised outer surface


comprises a rear raised outer surface left end
and a rear raised outer surface right end; and

wherein said rear raised outer surface is


substantially flat from said rear raised outer
surface left end to said rear raised outer
surface right end.

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34. Cabeau has complied with the statutory requirement of placing a notice of the ’360

Patent on all Evolution® Pillows it manufactures and sells and has given Allnet written notice of

their infringement.

35. Allnet had actual or constructive notice of their infringement prior to Cabeau’s

filing this action.

COUNT III
INFRINGEMENT OF THE ’962 PATENT

36. Cabeau restates, realleges, and incorporates by reference paragraphs 1-35 as if fully

set forth herein.

37. Allnet has been, and presently is, willfully infringing the ’962 patent by making,

using, selling, offering for sale, and/or importing pillows that embody the invention claimed by

the ’962 patent.

38. The accused pillows imported to, offered for sale, or sold into the United States by

Allnet, including without limitation those sold as the Allgala pillow, directly infringe, either

literally or under the doctrine of equivalents, the ’962 patent. Without limitation, the infringed

claims include at least claims 1-4 and 6-15 of the ’962 patent.

39. By way of example, the images below compare claim 1 of the ’962 patent and the

Allgala pillow, as offered for sale at https://allgala.com/collections/decoration/products/allgala-

memory-foam-contoured-travel-neck-pillow-with-matching-eye-mask:

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The ’962 Patent The Allgala Pillow


A substantially U-shaped travel pillow,
comprising:

a first side portion comprising a first base side


portion and a first raised side portion
comprising a first raised top surface, said first
raised top surface comprising a first raised
outer edge and a first raised inner edge that are
the same height;

a second side portion comprising a second


base side portion and a second raised side
portion, an inner surface of said second side
portion facing an inner surface of said first
side portion, said second raised side portion
comprising a second raised top surface, said
second raised top surface comprising a second
raised outer edge and a second raised inner
edge that are the same height;

a rear portion between said first and second


side portions, said rear portion comprising a
base rear portion and a raised rear portion,
said raised rear portion considerably thinner
than each of said first raised side portion and
said second raised side portion; and

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a cover over said first side portion, said


second side portion, and said rear portion;

wherein said first side portion and said second


side portion extend substantially horizontally
from said rear portion;

wherein said base rear portion comprises a


base rear inner wall and a base rear outer wall;

wherein said raised rear portion comprises a


raised rear inner wall and a raised rear outer
wall, said raised rear inner wall and said raised
rear outer wall being the same height, said
raised rear outer wall continuous with said
base rear outer wall;

wherein the combination of said base rear


outer wall and said raised rear outer wall
comprises a substantially planar and
substantially vertical surface that is
substantially flat from left to right;

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wherein a memory foam material forms the


core of each of said first side portion, said
second side portion, and said rear portion; and

wherein said travel pillow is configured to be


supported primarily by a user's shoulders on a
bottom side of each of said first side portion
and said second side portion.

40. Cabeau has complied with the statutory requirement of placing a notice of the ’962

Patent on all Evolution® Pillows it manufactures and sells and has given Allnet written notice of

their infringement.

41. Allnet had actual or constructive notice of their infringement prior to Cabeau’s

filing this action.

PRAYER FOR RELIEF

WHEREFORE, Cabeau respectfully requests the following relief:

1. A judgement declaring that Allnet has infringed the ’402, ’360, and ’962 patents;

2. Entry of preliminary and permanent injunctions enjoining Allnet, its officers,

agents, employees, parents, affiliates, and subsidiaries, and all persons and entities acting in

concert with Allnet or on its behalf from directly or indirectly making, using, importing, exporting,

offering for sale, or selling the Allgala pillow or any other products infringing the ’402, ’360, or

’962 patents;

3. A judgement directing that any pillows or other goods in the possession or under

the control of Allnet that infringe the ’402, ’360, or ’962 patents be delivered up and destroyed
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within 10 days of entry of judgement, and that all instrumentalities used in the production of such

pillows or other goods, including any and all items, objects, tools, machines, mold, and equipment

used in such production, be delivered up and destroyed within 10 days of entry of judgement;

4. A judgement directing Allnet to provide Cabeau with the contact names, phone

numbers, and email addresses of any suppliers of any pillows or other goods that infringe the ’402,

’360, or ’962 patents;

5. An award of damages adequate to compensate Cabeau for the infringement by

Allnet, and in no event less than a reasonable royalty for the use of the inventions;

6. An award of trebled damages pursuant to 35 U.S.C. § 284;

7. A determination that this is an exceptional case and an award of Cabeau’s attorneys’

fees pursuant to 35 U.S.C. § 285 or any other applicable laws;

8. An award of pre-judgment and post-judgment interest at the maximum rate allowed

by law;

9. The costs of suit herein; and

10. Such additional further relief that the Court may deem just and proper.

JURY DEMAND

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff Cabeau, Inc.

hereby demands a trial by jury on any and all issues so triable pursuant to the Seventh Amendment

to the United States Constitution or as given by a statute of the United States.

Dated: May 29, 2019 Respectfully submitted,

/s/ Chelsea Dal Corso


Chelsea Dal Corso
Texas Bar No. 24092316
DLA PIPER LLP (US)
2000 Avenue of the Stars
Suite 400 North Tower
Los Angeles, CA 90067
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(310) 595-3000
Chelsea.DalCorso@dlapiper.com

OF COUNSEL:
Tamany J. Vinson Bentz
Carolina L. Veltri
DLA PIPER LLP (US)
2000 Avenue of the Stars
Suite 400 North Tower
Los Angeles, CA 90067
(310) 595-3000
Tamany.Bentz@dlapiper.com
Carolina.Veltri@dlapiper.com

Attorneys for Plaintiff Cabeau, Inc.

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