Case 2:16-cv-01290-JRG-RSP Document 1 Filed 11/22/16 Page 1 of 12 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
LIFESTYLE SOLUTIONS, INC.
Plaintiff,
v.
ABBYSON LIVING LLC, and
ABBYSON LIVING CORP.,
Defendants.

CIVIL ACTION NO. ____________

JURY TRIAL DEMANDED

PLAINTIFFS ORIGINAL COMPLAINT

Plaintiff Lifestyle Solutions, Inc. files this Original Complaint against Defendants
Abbyson Living LLC and Abbyson Living Corp. and alleges the following:
PARTIES
1.

Plaintiff Lifestyle Solutions, Inc. (Lifestyle) is a corporation organized and

existing under the laws of the State of California with a principal place of business at 5555 Auto
Mall Parkway, Fremont, California, 94538.
2.

Upon information and belief, Defendant Abbyson Living LLC is a limited

liability company organized and existing under the laws of the State of Delaware with a principal
place of business at 26500 Agoura Road, Suite 102-875, Calabasas, California, 91302-1952, and
Abbyson Living Corp. is a corporation organized and existing under the laws of the State of
Nevada, and is the managing member of and has its principal place of business at the same
address as Abbyson Living LLC (collectively Defendants or Abbyson).

PLAINTIFFS ORIGINAL COMPLAINT PAGE 1

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JURISDICTION
3.

This Court has subject matter jurisdiction by way of federal question jurisdiction

because this is a patent infringement lawsuit arising under the United States Patent Act, 35
U.S.C. 1 et seq. See 28 U.S.C. 1331 & 1338(a).
4.

This Court has personal jurisdiction over Abbyson, a nonresident, because

Abbyson has established minimum contacts with the State of Texas, and the exercise of
jurisdiction over Abbyson does not offend traditional notions of fair play and substantial justice,
as Abbyson does business, and has committed the acts of patent infringement alleged herein, in
the State of Texas, including this judicial district. See TEX. CIV. PRAC. & REM. CODE 17.042
(Texas Long-Arm Statute); see also Fed. R. Civ. P. 4(k)(1)(A) ([s]erving a summons
establishes personal jurisdiction over a defendant who is subject to the jurisdiction of a court
of general jurisdiction in the state where the district court is located). In particular, and upon
information and belief: (a) Abbysons infringing products are offered for sale, sold, and/or
distributed, and continue to be offered for sale, sold, and/or distributed, in the State of Texas,
including this judicial district, by or through intermediaries, including through online sales and
delivery services via the internet, including via the Sams Club website; (b) Abbysons
customers and/or potential customers of the infringing products reside in the State of Texas,
including in this judicial district; and (c) Abbyson targets its infringing activities towards
customers, and/or potential customers who reside in the State of Texas, including in this judicial
district.
5.

Upon information and belief, Defendants have the same registered agent.

Abbyson may be served with process as provided under FED. R. CIV. P. 4(c), 4(e)(1), and 4(h)(1),
as effected pursuant to TEX. R. CIV. P. 106(a)(2) and 108 being the state law for serving a
summons upon non-residents in an action brought in the courts of general jurisdiction in the state
PLAINTIFFS ORIGINAL COMPLAINT PAGE 2

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where the district court is located, by U.S. certified mail, return receipt requested to the last
known residence, usual place of business or registered office of Defendants, including via their
registered agent: Robert E. Wynner, 31248 Oak Crest Drive Suite 100, Westlake Village,
California 91361-5671. The foregoing name and address of Defendants registered agent is
derived from information registered with the California Secretary of State.
6.

Additionally and/or alternatively, Abbyson may be served with process as

provided under FED. R. CIV. P. 4(c), 4(e)(1) and 4(h)(1), as effected pursuant to the Texas LongArm Statute being the state law for serving a summons in an action brought in the courts of
general jurisdiction in the state where the district court is located, through the Texas Secretary of
State, 1019 Brazos Street, Austin, Travis County, Texas 78701, which shall forward process to
Defendants principal place of business and registered office at 26500 Agoura Road, Suite 102875, Calabasas, California 91302-1952, Attn: Robert E. Wynner, Registered Agent . TEX. CIV.
PRAC. & REM. CODE 17.044(a)-(b), 17.045(a); see TEX. R. CIV. P. 106(a)(2), 108. The Texas
Secretary of State serves as Abbysons agent for service of process because Abbyson, a nonresident, has engaged in business in Texas from which this lawsuit arises, but has not designated
or maintained a resident agent for service of process in Texas and/or does not maintain a regular
place of business in Texas. The foregoing address of Defendants principal place of business and
registered office is derived from information registered with the California Secretary of State.
VENUE
7.

Venue is proper in this judicial district because a substantial part of the events or

omissions giving rise to the claims occurred, or a substantial part of the property that is the
subject of the action is situated, in this judicial district.

See 28 U.S.C. 1391(b)(2) &

1391(c)(2). Venue is also proper in this judicial district because, as alleged herein, Defendants
have committed acts of patent infringement in this judicial district, and Defendants are reaching
PLAINTIFFS ORIGINAL COMPLAINT PAGE 3

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out to do business with Texas residents in this judicial district by operating, by or through
intermediaries, including through online sales and delivery services via the internet, including via
the Sams Club website, one or more commercial, interactive stores through which Texas
residents can purchase infringing products. Defendants have targeted sales from Texas residents,
in this judicial district, through such intermediaries operating online stores that offer shipping to
this judicial district, and, on information and belief, have offered for sale and sold infringing
products to residents of Texas in this judicial district. Each of the Defendants is committing
tortious acts in this judicial district, is engaging in interstate commerce, and has wrongfully
caused Lifestyle substantial injury in the State of Texas, in this judicial district. See 28 U.S.C.
1400(b).
STATEMENT OF FACTS
Lifestyles Business and Intellectual Property
8.

For many years, Lifestyle has continuously engaged in the development,

manufacture, marketing, and sale of premium furniture products, including, for example,
adjustable sofa beds (also known as convertible sofas).
9.

Among other intellectual property, Lifestyle owns U.S. Design Patent No.

D610,366 (the 366 Patent), which is titled Sofa Bed With Multiple Positions, and which
covers a certain unique and distinct design for adjustable sofa beds.
10.

On or about February 23, 2010, the 366 Patent was duly and legally issued by the

U.S. Patent Office to Lifestyle. Lifestyle owns the entire right, title, and interest in and to the
366 Patent. A copy of the 366 Patent is attached hereto and incorporated herein by reference as
Exhibit 1. An exemplary view of a figure in the 366 Patent is displayed in Illustration 1 below.

PLAINTIFFS ORIGINAL COMPLAINT PAGE 4

Case 2:16-cv-01290-JRG-RSP Document 1 Filed 11/22/16 Page 5 of 12 PageID #: 5

Illustration 1: Exemplary Figure in Lifestyles 366 Patent.

11.

Lifestyle has continuously practiced the 366 Patent by manufacturing, offering to

sell, and/or selling adjustable sofa beds under various brands and marks, and has placed a patent
marking appearing on and affixed to these adjustable sofa bed products. Illustration 2 below
shows an exemplary image of one of these adjustable sofa bed products, which Lifestyle has
offered for sale in this judicial district since about 2010.

PLAINTIFFS ORIGINAL COMPLAINT PAGE 5

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Illustration 2: Exemplary Image of a Lifestyle-Brand

Adjustable Sofa Bed Product That Embodies the 366 Patent.

12.

Illustration 3 below is an image of the patent marking appearing on and affixed to

the adjustable sofa bed product identified in Illustration 2 above.

Illustration 3: Exemplary Image of Patent Marking As It Appears On
a Lifestyle-Brand Adjustable Sofa Bed Product, Such As Identified In Illustration 2.

13.

Lifestyle has enjoyed significant sales of these adjustable sofa bed products

throughout the United States, including sales to customers in the State of Texas. Lifestyle has
also expended significant resources advertising and promoting these adjustable sofa bed
products.

PLAINTIFFS ORIGINAL COMPLAINT PAGE 6

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Abbysons Unlawful Activities

14.

Abbyson is a national brand and a wholesaler, designer and manufacturer.

Abbyson products and its collections cannot be purchased directly from their website. Instead
Abbysons products, including the infringing products, can be purchased from any one of their
many intermediaries, who are authorized dealers. Many online retailers are such intermediaries
and carry Abbysons products. Abbyson has been aware of the 366 patent at least as early as
April 2012. Abbyson has also been aware since at least April 2012 that Lifestyle has alleged that
one or more Abbyson adjustable sofa bed products infringed the 366 patent. Yet, Abbyson has
purposefully made, offered for sale, sold, and distributed, and continues to made, offer for sale,
sell, and distribute, adjustable sofa beds, at least under the name brands or marks Chelsea, and
Quantum, which violate Lifestyles patent rights protected by the 366 Patent (collectively, the
Infringing Products). Upon information and belief, Abbyson has also imported, and continues
to import, the Infringing Products into the United States. Lifestyle has not authorized any of the
foregoing activities.
15.

Illustration 4 below shows an example of Abbysons Infringing Products.

Illustration 4: Exemplary Image of Abbysons Chelsea Infringing Product

PLAINTIFFS ORIGINAL COMPLAINT PAGE 7

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Illustration 5: Exemplary Image of Abbysons Quantum Infringing Product

16.

As a result of Abbysons unauthorized activities related to the Infringing

Products, Lifestyle has been injured in an amount to be determined at trial.

CAUSES OF ACTION
Count 1 Patent Infringement Under 35 U.S.C. 271
17.

Lifestyle incorporates paragraphs 1 through 16 above herein by reference.

18.

Upon information and belief, Abbyson has infringed and continues to infringe the

366 Patent because the design of the Infringing Products are covered by the claim of the 366
Patent; and Abbyson has made, used, offered to sell, sold, and/or imported, and is making, using,
offering to sell, selling, and/or importing, the Infringing Products within or into the United States
without the express or implied license or other authority of Lifestyle. In particular, Abbysons
Infringing Products infringe upon Lifestyles 366 Patent literally, under the doctrine of
equivalents, and/or by way of contributing to and/or inducing infringement of the 366 Patent by
others (e.g., having intermediaries offer to sell, sell, and/or distribute the Infringing Products).
Such acts of infringement have been made, and continue to be made, in violation of Lifestyles
rights during the term of the 366 Patent.
19.

Unless enjoined by this Court, such acts of infringement will continue to occur in

violation of Lifestyles rights during the term of the 366 Patent.

PLAINTIFFS ORIGINAL COMPLAINT PAGE 8

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20.

This is an exceptional case in view of, inter alia, Abbysons willful patent

infringement activities, as alleged herein.

21.

Lifestyle has been, and will continue to be, injured and damaged as a result of

Abbysons patent infringement activities, for which Lifestyle is entitled to monetary relief under
at least 35 U.S.C. 281, 284, 285, and/or 289.
22.

Abbysons patent infringement activities has also caused, and will continue to

cause, irreparable harm to Lifestyle, for which there is no adequate remedy at law, and for which
Lifestyle is entitled to injunctive relief under at least 35 U.S.C. 283.
CONDITIONS PRECEDENT
23.

All conditions precedent to Lifestyles claims have occurred or been performed.

JURY DEMAND

24.

Lifestyle demands a jury trial on all triable issues. FED. R. CIV. P. 38(b).
PRAYER

25.

For these reasons, Plaintiff respectfully asks the Court for:

a.

an injunction against further infringement of the 366 Patent by Abbyson,

and each of its agents, employees, servants, attorneys, successors, and
assigns, and all others in privity or acting in concert with any of them,
including at least from making, using, offering to sell, selling, distributing,
or importing the Infringing Products, or any other products that practices
or otherwise uses or violates any right secured by the 366 Patent or any
claims covered by the 366 Patent, pursuant to at least 35 U.S.C. 283;

b.

an order directing Abbyson to recall all Infringing Products sold and/or

distributed and provide a full refund for all recalled Infringing Products;

c.

an order directing the destruction of (i) all Infringing Products, including

all recalled Infringing Products, (ii) any other products that practices or
otherwise uses or violates any right secured by the 366 Patent or any
claims covered by the 366 Patent in Abbysons possession, custody or
control, and (iii) all means of making the Infringing Products in
Abbysons possession, custody or control;

PLAINTIFFS ORIGINAL COMPLAINT PAGE 9

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d.

an order barring importation of the Infringing Products into the United

States, pursuant to at least 35 U.S.C. 271(a);

e.

an award of damages adequate to compensate Lifestyle for the patent

infringements that have occurred pursuant to 35 U.S.C. 284, and/or an
award of Abbysons profits from its patent infringements pursuant to 35
U.S.C. 289;

f.

a judgment and order finding that this is an exceptional case, and granting
an award of Lifestyles costs and reasonable attorney fees, pursuant to at
least 35 U.S.C. 284 and 285;

g.

an award to Lifestyle of pre- and post-judgment interest, as allowed by

law; and

h.

such other and further relief as this Court deems just and proper.

November 22, 2016

Respectfully submitted,
JACKSON WALKER LLP
100 Congress Avenue, Suite 1100
Austin, Texas 78701
(512) 236-2000 Telephone
(512) 236-2002 Facsimile
By: /s/Michael P. Adams
Michael P. Adams (TSBN 00872050)
madams@jw.com
ATTORNEYS FOR PLAINTIFF
LIFESTYLE SOLUTIONS, INC.

PLAINTIFFS ORIGINAL COMPLAINT PAGE 10

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EXHIBIT 1

PLAINTIFFS ORIGINAL COMPLAINT PAGE 11

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CERTIFICATE OF SERVICE
This is to certify that on November 22, 2016, a copy of the foregoing document was
electronically filed with the Clerk of Court using the CM/ECF filing system; that Defendants
Filing Users for the CM/ECF system to send notification of such filing are currently unknown
because Defendants have not yet been served with process or appeared in this lawsuit; and that
Defendants will be served with a copy of the foregoing document contemporaneously with the
service of process.

/s/ Michael P. Adams

Michael P. Adams

PLAINTIFFS ORIGINAL COMPLAINT PAGE 12

16621626v.3 144056/00114

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CIVIL COVER SHEET

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