On April 20, 2016, Select Comfort Corporation of Minneapolis, Minnesota and Select Comfort SC Corporation of Greenville, South Carolina (collectively, “Select Comfort”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain air mattress bed systems and components thereof that infringe one or more claims of U.S. Patent Nos. 6,804,848 (“the ‘848 patent”) and 7,389,554 (“the ‘554 patent”):
- American National Manufacturing, Inc. of Corona, California
- Elements of Rest, Inc. of Atlanta, Georgia
- Responsive Surface Technology LLC of Atlanta, Georgia
- Dires LLC d/b/a Personal Comfort Bed of Orlando, Florida
According to the complaint, the ‘848 patent relates generally to the components, construction, and design of a high-profile air mattress bed system. More specifically, the ‘848 patent is directed to an air sleep system having an upper air posturizing sleep surface comprising an upper mattress air posturizing module with an adjustable air posturizing sleep surface, a mattress base module supporting the air posturing module, and first and second mattress cases secured with one another and forming an integral mattress structure.
The ‘554 patent relates generally to an adjustable air mattress system with elevatable dual air posturizing sleep surfaces. The claimed system includes two separate sleeping surfaces that can be individually elevated, for instance when one person wants to read in bed while the sleeping partner wishes to sleep. The ‘554 patent also describes an adjustable air mattress bed system assembly that allows the air bladder within the mattress to extend across the entire sleeping surface without loss of stability to either the mattress or the user.
In the complaint, Select Comfort alleges that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically identifies the following accused products: (1) Personal Comfort A2 to A6 (including Flex Head EK), Silver sLE (including Flex Head EK), A8 and A10 (including Flex Head EK), and H9 and H11 (including Flex Head EK), including an adjustable sleep surface and adjustable base; (2) Instant Comfort brand 2500, 3500, 4500, 6500, 7500, 8500, and 9500 series (including Flex Head) and 10k3 series beds (including Flex Head); and (3) Prevail and ReST brand beds (including the Split King).
Regarding domestic industry, Select Comfort alleges that air mattress bed systems such as the Sleep Number® bed and Comfortaire Nouvelle and Ultimate series bed practice one or more of the claimed inventions, and that Select Comfort has made significant investment in plant, equipment, labor, capital, engineering, and research and development in the U.S. relating to its air mattress systems and components thereof.
As to related litigation, Select Comfort states that the ‘554 patent has been asserted against Sizewise Rentals LLC, American National Manufacturing, Inc., and Dires LLC in ITC Investigation No. 337-TA-971. The claims of the ‘554 patent asserted against Dires LLC and American National Manufacturing, Inc. in the complaint are not asserted in the 337-TA-971 Investigation.
With respect to potential remedy, Select Comfort requests that the ITC issue a permanent limited exclusion order and cease-and-desist orders directed at the Proposed Respondents and others acting on their behalf.