Yuglich v. Oak Street - Complaint

7/27/2019 Yuglich v. Oak Street - Complaint

1/18

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

MAXIMILLIAN YUGLICH

Plaintiff, Case No. 4:13-cv-2455

v.

OAK STREET COMMERCIALCABINETS, INC. JURY TRIAL REQUESTED

Defendant

ORIGINAL COMPLAINT

Plaintiff, Maximillian Yuglich files this Original Complaint against Defendant

Oak Street Commercial Cabinets, Inc., D.B.A. Oak Street Manufacturing, for patent

infringement, and seeks actual damages, exemplary damages, and injunctive relief as set

forth below.

I. PARTIES

1. Maximillian Yuglich is an individual residing at 207 Cove Creek Ln.,

Houston, Texas 77042.

2. Oak Street Commercial Cabinets, Inc. (Oak Street) is a corporation

organized under the laws of the State of Iowa, with its principal place of business located

in Monticello, Iowa.

Case 4:13-cv-02455 Document 1 Filed in TXSD on 08/22/13 Page 1 of 5


2/18

III. JURISDICTION AND VENUE

4. This Court has exclusive subject matter jurisdiction over this patent action

under 28 U.S.C. 1331 and 1338(a).

5. Oak Street is subject to personal jurisdiction as Oak Street operates a

website wherein its customers can log in and purchase Oak Streets products nationwide.

6. Venue is proper in this district under 28 U.S.C. 1391 and 1400(b).

IV. FIRST CLAIM INFRINGEMENT OF U.S. PATENT D660,620

7. On May 29, 2012, U.S. Patent No. D660,620 (the 620 Patent) was duly

and legally issued by the U.S. Patent and Trademark Office to Maximillian Yuglich

(Yuglich). A true and correct copy of the 620 Patent is attached as Exhibit A. The 620

Patent is presumed valid pursuant to 35 U.S.C. 282.

8. The 620 Patent is a design patent directed to a chair back (Patented Chair

Back) having a unique design formed from various holes cut throughout the chair back

the holes forming a generally random pattern of rectilinear shapes (mosaic design).

9. Yuglich has not assigned his rights in the 620 Patent. Yuglich is the

owner of all right, title and interest in the 620 Patent.

10. Oak Street makes, uses, sells, and/or offers to sell chairs and bar stools,

including models SL2168 and SL2168-1. The relevant pages from Oak Streets catalog

showing models SL2168 and SL2168-1 are attached as Exhibit B and screen shots from

the website which show enlarged images of SL2168 and SL2168-1 are attached as



3/18

Backs both have a series of rectilinear shapes cut out in virtually the same pattern as the

Patented Chair Back. The resemblance is such that an ordinary observer, familiar with

the prior art, would be deceived into believing the Defendants Chair Backs are the same

as the Patented Chair Back.

12. Oak Street has been, and still is, infringing the claim of the 620 Patent

under 35 U.S.C. 271(a) by making, using, selling, and/or offering to sell chairs SL2168

and SL2168-1.

13. Oak Street also has been, and continues to induce infringement under 35

U.S.C. 271(b) by its customers who directly infringe the 620 Patent through their sale

and/or use of the SL2168 and SL2168-1 chairs.

V. PRAYER FOR RELIEF

WHEREFORE, Yuglich prays for judgment and seeks relief against Oak Street as

follows:

(a)For a judgment that the claim of the 620 Patent has been and continues to beinfringed by Oak Street;

(b)For a judgment and an award of all damages sustained by Yuglich as the resultof Oak Streets acts of infringement, including supplemental damages for any

continuing post-verdict infringement up until entry of the final judgment, with

an accounting as needed;

(c)For a permanent injunction enjoining Oak Street from infringing the claim of



4/18

(e)For a judgment and an award of all interest and costs;(f) For a judgment and an award of such other and further relief as the Court may

deem just and proper.

VI. JURY DEMAND

Yuglich demands a trial by jury.

Dated: August 22, 2013 Respectfully submitted,

/s/ Erin J. Werner

Erin J. WernerAttorney-in-charge

Texas State Bar No. 24084073S.D. Tex. Bar No. 1850932

[email protected]

C. James Bushman

Co-Counsel

Texas State Bar No. 03503000S.D. Tex Bar. No. 1533

[email protected]

BUSHMAN & ASSOCIATES, P.C.

1001 West Loop South, Suite 810Houston, TX 77027Phone: (832) 548-8080

Facsimile: (832) 548-8085

ATTORNEYS FOR PLAINTIFF,



5/18

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Original Complaint, Exhibits A,B, and C, two copies of the Notice of Lawsuit and Request for Waiver of Service (form

AO 398) and two copies of the Waiver of Service (form AO 399) have been forwarded toDefendants Registered Agent at the address below via Certified Mail, Return Receipt

Requested, on August 22, 2013.

Thomas A. Bagge

509 E. OakMonticello, Iowa 52310

Registered Agent for Defendant

Oak Street Commercial Cabinets, Inc.

/s/ Erin J. Werner

Erin J. Werner



6/18

JS 44 (Rev. 12/12) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as

provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for thepurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION(Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)

1 U.S. Government 3 Federal Question PTF DEF PTF DEF

Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated orPrincipal Place 4 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated andPrincipal Place 5 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country

IV. NATURE OF SUIT(Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act

120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment

130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust

140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking

150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation

151 Medicare Act 330 Federal Employers Product Liabi lity 830 Patent 470 Racketeer Influenced and

152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations

Student Loans 340 Marine Injury Product 480 Consumer Credit

(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/

of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange

160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions

190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts

195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters

196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information

362 Personal Injury - Product Liability Leave Act Act

Medical Malpractice 790 Other Labor Litigation 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure

210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of

220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision

230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of

240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes

245 Tort Product Liability Accommodations 530 General

290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION

Employment Other: 462 Naturalization Application 446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration

Other 550 Civil Rights Actions

448 Education 555 Prison Condition

560 Civil Detainee -

Conditions of

Confinement

V. ORIGIN(Place an X in One Box Only) 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict

Case 4:13-cv-02455 Document 1-1 Filed in TXSD on 08/22/13 Page 1 of 2

Yuglich, Maximillian

Harris County, Texas

Bushman & Associates, P.C. - Address :1001 West Loop South, Ste 810,Houston, Texas 77027 - Phone: 832-548-8080Attorneys: Erin J. Werner and C. James Bushman

Oak Street Commercial Cabinets, Inc.

Jones County, Iowa


7/18

JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as

required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is

required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk ofCourt for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, useonly the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and

then the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at thetime of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land

condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting

in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment

to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes

precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the

citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversitycases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark thissection for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, issufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than

one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes.Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.

When the petition for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing

date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or

multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.

When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictionalstatutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.



8/18

EXHIBIT A



9/18

Case 4:13-cv-02455 Document 1-2 Filed in TXSD on 08/22/13 Page 2 of 5I IIII 1111111111111111111111111111111111111111111 11111111111c12) United States Design Patent

Yuglich(54) CHAIRBACK(76) Inventor: Maximilli an Yuglich, Houston, TX (US)(**) Term: 14 Years(21) Appl. No.: 29/369,409(22) Filed: Sep. 8, 2010(51) LOC (9) Cl. .................................................. 06-01(52) U.S. Cl. ........................................................ D6/502(58) Field of Classification Search ........... D6/334-336,

D6/364, 365, 369, 370, 371-374, 375, 376,D6/379, 380, 500-502; 297/411.4,411.41,

297/411.42,445.1,446.1, 451.9, 452.46,297/452.63, 452.64

See application file for complete search history.

(56) References CitedU.S. PATENT DOCUMENTS

D303,327 S * 9/1989 Masarotti . . D6/3345,454,623 A * 10/1995 Parks ................ ....... 2971452.46D417,104 S * 1111999 Chalmersetal. . D6/500D451,692 S * 1212001 Hasenbein . . D6/365

USOOD660620S

(10) Patent No.:(45) Date of Patent:

US D660,620 S** May 29, 2012

D570,138 S * 6/2008 Kirar .............................. D6/502D597,333 S * 8/2009 Kirar .............................. D6/379D648,580 S * 1112011 Gasser ........................... D6/500* cited by examinerPrimary Examiner- Mimosa De(74) Attorney, Agent, or Firm- Bushman & Associates,P.C.(57) CLAIMThe ornamental design for a chairback, as shown anddescribed.

DESCRIPTIONFIG. 1 is a front, elevational view of the chairback of thepresent invention;FIG. 2 is a top, plan view of the chairback of the presentinvention;FIG. 3 is a bottom, plan view of the chairback of the presentinvention;FIG. 4 is a left side, elevational view of the chairback of thepresent invention;FIG. 5 is a right side, elevational view of he chairback of hepresent invention; and,FIG. 6 is a rear, elevational view of the chairback of thepresent invention.

1 Claim, 3 Drawing Sheets


10/18


U.S. Patent May 29, 2012 Sheet 1 of 3 US D660,620 S

FIG.2

FIG. I


11/18


U.s. PatentMay 29, 2012 Sheet 2 of3

US D660,620 S

F!G.4


12/18


U.S. Patent May 29,2012 Sheet 3 of 3 US D660,620 S

F/G.6

C 4 13 02455 D 1 3 Fil d i TXSD 08/22/13 P 1 f 3


13/18

EXHIBIT B


C 4 13 02455 D t 1 3 Fil d i TXSD 08/22/13 P 2 f 3


14/18

7

Oak Street ManufacturingMetal Frame Dining Chairs

Phone: 877-465-4344 Fax: 877-465-4042 www.oakstreetmfg.com

For more information, seat options and dimensions see Page 4

6

Verticalback Dining ChairSL2090

Windowpane Dining Chair

SL2163

3X Vertical Dining ChairSL2164

5 Line Dining ChairSL2166

Jigsaw Dining ChairSL2168

New!

New!


Oak Street ManufacturingWood Back Dining Chairs

In stock and ready to shipt Premium black powder coat wrinkle nish

t 16 gauge, 1-1/4 steel tubing

t Totally welded frame

t Birch plywood back

t Birch plywood or vinyl seat

t Dining chairs have 2 leg supports

t Non-marring poly glides

t Seats ship unattached, simple seat attachment is required

t F.O.B. Monticello, Iowa

In-Stock Vinyl Seat Options

Custom vinyl seats are available with an upcharge. See page 78 & 79for vinyl options Black Espresso Red Wine

In-Stock Wood Seat and Back Options

Custom stained wood seats are available with an upcharge. See pages 80 for stain options

Dimensions

Natural Mahogany Cherry Walnut Black

Dining Chairs - 15 pounds

Vinyl Seat: 17 deep x 18 wide x 1-1/2 thick

Wood Seat: 17 deep x 18 wide x 1 thick


Case 4:13 cv 02455 Document 1 3 Filed in TXSD on 08/22/13 Page 3 of 3


15/18

16 17


Oak Street ManufacturingMetal Frame Barstools

For more information, seat options and dimensions see Page 14

Windowpane BarstoolSL2163-1

3X Vertical BarstoolSL2164-1

5 Line BarstoolSL2166-1

Jigsaw BarstoolSL2168-1

Verticalback BarstoolSL2090-1

New! New!


Oak Street ManufacturingWood Back Barstools

In stock and ready to shipt Premium black powder coat wrinkle nisht 16 gauge, 1-1/4 steel tubingt Totally welded framet Birch plywood backt Birch plywood or vinyl seatt Barstools have 3 leg supportst Non-marring poly glidest Seats ship unattached, simple seat attachment is requiredt F.O.B. Monticello, Iowa

In-Stock Vinyl Seat Options

Custom vinyl seats are available with an upcharge. See pages 78 & 79 for vinyl options Black Espresso Red Wine

In-Stock Wood Seat and Back Options

Custom stained wood seats are available with an upcharge. See page 80 for stain options

Dimensions

Vinyl Seat: 17 deep x 18 wide x 1-1/2 thick

Wood Seat: 17 deep x 18 wide x 1 thick

Natural Mahogany Cherry Walnut Black

Barstools - 19 pounds




16/18

EXHIBIT C




17/18


t'> Jigsaw Dining Chair - SL2168


18/18


t' l Jigsaw Barstool - SL2168-1 Oak Street Manufacturing- Mozilla Firefox G J ~ ~Eile ~ d i t ~ i e w H i ~ t o r y ~ o o l < m a r l < s Iools t1elpu ~ ~ c X M ([ j http://www.oakstreetmfg.com/barstool/jigsaw-barstoolsl2168-1-4vI S e a r c h +!1) M f! ] (:Q I ) E,: 0 Share { ; ] 8ool

Yuglich v. Oak Street - Complaint

Documents

Transcript of Yuglich v. Oak Street - Complaint