On October 16, 2015, Select Comfort Corp. of Minneapolis, Minnesota and Select Comfort SC Corp. 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 Sizewise Rentals LLC of Kansas City, Missouri, American National Manufacturing Inc. of Corona, California, Dires LLC of Orlando, Florida, and Personal Comfort Beds of Orlando, Florida (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 systems and components thereof that infringe one or more claims of U.S. Patent Nos. 5,904,172 (the '172 patent) and 7,389,554 (the '554 patent) (collectively, the "asserted patents").
According to the complaint, the asserted patents generally relate to adjustable air mattress systems and components thereof. In particular, the '172 patent relates to an improved valve enclosure assembly for use with an adjustable air mattress system. The '554 patent relates to an adjustable air mattress system with elevatable dual air posturizing sleep surfaces.
In the complaint, Select Comfort states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to various air mattresses, air valve assemblies, and related components as infringing products.
Regarding domestic industry, Select Comfort states that at least one of its products practices one or more claims of each of the asserted patents. Select Comfort further states that it is an established U.S. company with four facilities in the U.S., including its headquarters and a research and development center in Minnesota, a manufacturing plant in Utah, and a manufacturing plant in South Carolina. Select Comfort also states that it employs thousands of individuals in the U.S. in connection with the design, engineering, research and development, manufacturing, marketing, and sales of its Sleep Number bed systems, including systems that practice claims of the asserted patents.
As to related litigation, Select Comfort states that it has previously asserted the '172 patent against entities other than the Proposed Respondents in the U.S. District Court for the District of Minnesota. Select Comfort further states that the '172 patent has been the subject of a request for inter partes review (IPR) and an ex parte reexamination initiated by entities other than the Proposed Respondents.
With respect to potential remedy, Select Comfort requests that the Commission issue a permanent limited exclusion order and cease and desist orders directed at the Proposed Respondents and related entities.