US.54418987.

02
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
KIMBALL INTERNATIONAL, INC., )
)
Plaintiff, )
)
v. ) Civil Action No. 14-cv-1374
)
NWN, INC., )
)
Defendant. )
COMPLAINT
Plaintiff, Kimball International, Inc. (Kimball), complains and alleges as follows:
The Parties
1. Kimball is a corporation organized and existing under the laws of the State of
Indiana and has its principal place of business in J asper, Indiana.
2. Kimball is the assignee of record of United States Design Patent Nos. D654,718
and D665,188.
3. Kimball is an award-winning furniture design and manufacturing company that
has operated for over four decades.
4. Defendant, NWN, Inc. (NWN) (doing business as Westin-Nielsen) is a
corporation with its principal place of business in White Bear Lake, Minnesota.
Jurisdiction and Venue
5. This Court has original jurisdiction over the subject matter of this action pursuant
to the provisions of Title 28, United States Code (U.S.C.) 1331 and 1338(a), because the
action arises under the Patent Laws of the United States, Title 35 U.S.C. 100 et seq.
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6. NWN is subject to personal jurisdiction in this district because, among other
reasons, upon information and belief, it directly and through its agents does business in the
Southern District of Indiana.
7. Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and (c) and
1400(b).
COUNT I
Infringement of United States Design Patent No. D654,718
8. Kimball hereby incorporates for reference the allegations set forth in
paragraphs 17 as if fully set forth herein.
9. On February 28, 2012, United States Design Patent No. D654,718 (718
Patent), entitled Side Chair, was duly and legally issued to Kimball, as assignee. A copy of
the 718 Patent is attached to this Complaint as Exhibit A.
10. Possessing all substantial rights to the 718 Patent and the 718 Patent being in
full force and effect, Kimball has the right to sue for any infringement thereof.
11. Upon information and belief, NWN has infringed the patented design claimed in
the 718 Patent, either directly or contributorily, by making, using, selling, offering for sale, or
supplying products such as the Westin-Nielsen Cascade, among others, all in violation of
35 U.S.C. 271 et seq., and will continue to do so unless enjoined by this Court.
12. Indeed, this infringement is evident from a side-by-side comparison of an
exemplary figure of the 718 Patent with the Westin-Nielson Cascade:
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US.54418987
This side
that addit
1
damages
determin
14
continue
1
willful an
exception
1
paragraph
7.02
Per
e-by-side com
tional produ
3. By rea
, including i
ned.
4. NWN
to cause irre
5. Upon
nd justifies a
nal case supp
Inf
6. Kimb
hs 115 as if
rspective Vi
Nielsen C
mparison is p
uct configura
ason of NWN
mpairment o
Ns acts of inf
eparable harm
information
a trebling of
porting an aw
fringement o
all hereby in
f fully set fo
ew of Westi
Cascade
provided me
ations of the
Ns acts of i
of the value
fringement a
m unless enj
n and belief,
damages pu
ward of reas
C
of United St
ncorporates f
orth herein.
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in- Fron
the
erely for exa
Cascade infr
infringement
of the 718 P
are causing i
joined by thi
NWNs con
ursuant to 35
sonable attor
COUNT II
tates Design
for reference
nt Perspectiv
718 Patent
ample. Kimb
fringe the 71
t, Kimball ha
Patent, in an
irreparable h
is Court.
ntinued infrin
U.S.C. 28
rneys fees p
n Patent No
e the allegati
ve View of
t (Fig. 1)
ball complain
18 Patent.
as suffered a
n amount yet
harm to Kim
ngement of t
84. Further,
pursuant to 3
o. D665,188
ions set forth
ns and allege
and is suffer
t to be
mball and wil
the 718 Pate
this is an
35 U.S.C. 2
h in
es
ring
l
ent is
285.
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US.54418987
1
entitled
Patent is
1
full force
1
the 188
supplying
35 U.S.C
2
figures o
Perspect
Ni
This side
that addit
2
damages
determin
7.02
7. On Au
Side Chair,
attached to t
8. Posse
e and effect,
9. Upon
Patent, eithe
g products su
C. 271 et se
0. Indeed
f the 188 Pa
tive View of
ielsen Casca
e-by-side com
tional produ
1. By rea
, including i
ned.
ugust 14, 20
was duly a
this Compla
ssing all sub
Kimball has
information
er directly or
uch as the W
eq., and will
d, this infrin
atent with th
f Westin-
ade
mparison is p
uct configura
ason of NWN
mpairment o
12, United S
and legally is
aint as Exhib
bstantial righ
s the right to
n and belief,
r contributor
Westin-Niels
continue to
ngement is ev
he Westin-Ni
Front Per
the 188
provided me
ations of the
Ns acts of i
of the value
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States Design
ssued to Kim
bit B.
hts to the 18
o sue for any
NWN has in
rily, by maki
en Cascade,
do so unless
vident from
ielson Casca
rspective Vie
Patent (Fig
erely for exa
Cascade infr
infringement
of the 188 P
n Patent No.
mball, as assi
88 Patent and
y infringemen
nfringed the
ing, using, se
among othe
s enjoined by
a side-by-sid
ade:
ew of
g. 1)
Fr
ample. Kimb
fringe the 18
t, Kimball ha
Patent, in an
. D665,188 (
ignee. A cop
d the 188 Pa
nt thereof.
patented de
elling, offeri
ers, all in vio
y this Court
de comparis
ront Perspec
188 Pate
ball complai
88 Patent.
as suffered a
n amount yet
(188 Paten
py of the 18
atent being i
sign claimed
ing for sale,
olation of
.
son of exemp
ctive View o
ent (Fig. 15)
ins and alleg
and is suffer
t to be
nt),
88
in
d in
or
plary
of the
)
ges
ring
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22. NWNs acts of infringement are causing irreparable harm to Kimball and will
continue to cause irreparable harm unless enjoined by this Court.
23. Upon information and belief, NWNs continued infringement of the 188 Patent is
willful and justifies a trebling of damages pursuant to 35 U.S.C. 284. Further, this is an
exceptional case supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.
RELIEF REQUESTED
WHEREFORE, Kimball requests that the Court enter a judgment in Kimballs favor
against NWN, and provide Kimball the following relief:
A. Order, adjudge, and decree that NWN has infringed the 718 and 188 Patents in
violation of 35 U.S.C. 271;
B. Issue preliminary and permanent injunctive relief prohibiting NWN and its
respective parents, subsidiaries, principals, officers, directors, agents, attorneys, employees, and
all others in privity with it from infringing the 718 and 188 Patents pursuant to 35 U.S.C.
283;
C. Award Kimball its damages for patent infringement, and prejudgment interest and
costs against NWN pursuant to 35 U.S.C. 284;
D. Order, adjudge, and decree that NWNs infringement of the 718 and 188 Patents
has been deliberate, willful, and wanton;
E. Order, adjudge, and decree that NWNs infringement of the 718 and 188 Patents
has been exceptional under 35 U.S.C. 285;
F. Treble said damage award under 35 U.S.C. 284;
G. Award Kimball its reasonable attorneys fees under 35 U.S.C. 285;
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H. Award Kimball the total profits received or derived by NWN from the
manufacture, marketing, sale, offering for sale, and/or distribution of products bearing or using
any copy or colorable imitation of the 718 and 188 Patents pursuant to 35 U.S.C. 289; and
I. Award such other and further relief as the Court may deem just and proper.
JURY DEMAND
Pursuant to Federal Rules of Civil Procedure 38(b), Kimball hereby demands a trial by
jury for each and every issue so permitted by law and statute.
Respectfully submitted,
By: /s/ David P. Irmscher
David P. Irmscher (#15026-02)
FAEGRE BAKER DANIELS LLP
111 East Wayne Street, Suite 800
Fort Wayne, Indiana 46802
Tel: 260-424-8000
Fax: 260-460-1700
David.Irmscher@FaegreBD.com
Trenton B. Morton (#30777-49)
FAEGRE BAKER DANIELS LLP
300 North Meridian Street, Suite 2700
Indianapolis, Indiana 46204
Tel: 317-237-0300
Fax: 317-237-1000
Trenton.Morton@FaegreBD.com
Attorneys for Plaintiff, Kimball International, Inc.
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