Yuglich v. Oak Street - Complaint

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 COMMERCIAL
CABINETS, 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.
II. NATURE OF THIS ACTION
3. This is an action for patent infringement arising under the patent laws of
the United States, 35 U.S.C. 101 et seq., and in particular 35 U.S.C. 271 and 281-
285.
Case 4:13-cv-02455 Document 1 Filed in TXSD on 08/22/13 Page 1 of 5

2
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
Exhibit C.
11. The backs of chairs SL2168 and SL2168-1 (Defendants Chair Backs) are
virtually identical to the Patented Chair Back of the 620 Patent. Defendants Chair

3
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 be
infringed by Oak Street;
(b) For a judgment and an award of all damages sustained by Yuglich as the result
of 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
the 620 Patent;
(d) For a judgment and an award of attorneys fees pursuant to 35 U.S.C. 285 or
as otherwise permitted by law;

4
(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. Werner
Attorney-in-charge
Texas State Bar No. 24084073
S.D. Tex. Bar No. 1850932
ewerner@bushmanlawfirm.com

C. James Bushman
Co-Counsel
Texas State Bar No. 03503000
S.D. Tex Bar. No. 1533
jbushman@bushmanlawfirm.com

BUSHMAN & ASSOCIATES, P.C.
1001 West Loop South, Suite 810
Houston, TX 77027
Phone: (832) 548-8080
Facsimile: (832) 548-8085

ATTORNEYS FOR PLAINTIFF,
MAXIMILLIAN YUGLICH


5
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 to
Defendants Registered Agent at the address below via Certified Mail, Return Receipt
Requested, on August 22, 2013.

Thomas A. Bagge
509 E. Oak
Monticello, Iowa 52310

Registered Agent for Defendant
Oak Street Commercial Cabinets, Inc.

/s/ Erin J. Werner
Erin J. Werner

JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The 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 the
purpose 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 OF
THE 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 or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal 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 Liability 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
Proceeding
2 Removed from
State Court
3 Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:
VII. REQUESTED IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: Yes No
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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: 832-548-8080
Attorneys: Erin J. Werner and C. James Bushman
Oak Street Commercial Cabinets, Inc.
Jones County, Iowa
35 USC 271
infringement of design patent
250,000.00
08/22/2013 /s/ Erin J. Werner
Print Save As... Reset
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 of
Court 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, use
only 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 the
time 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 diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section 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, is
sufficient 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 jurisdictional
statutes 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.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

EXHIBIT A
I IIIII 1111111111111111111111111111111111111111111 11111111111
c12) United States Design Patent
Yuglich
(54) CHAIRBACK
(76) Inventor: Maximillian 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 Cited
U.S. PATENT DOCUMENTS
D303,327 S * 9/1989 Masarotti . . D6/334
5,454,623 A * 10/1995 Parks ....................... 2971452.46
D417,104 S * 1111999 Chalmersetal. . D6/500
D451,692 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 .............................. D6/502
D597,333 S * 8/2009 Kirar .............................. D6/379
D648,580 S * 1112011 Gasser ........................... D6/500
* cited by examiner
Primary Examiner- Mimosa De
(74) Attorney, Agent, or Firm- Bushman & Associates,
P.C.
(57) CLAIM
The ornamental design for a chairback, as shown and
described.
DESCRIPTION
FIG. 1 is a front, elevational view of the chairback of the
present invention;
FIG. 2 is a top, plan view of the chairback of the present
invention;
FIG. 3 is a bottom, plan view of the chairback of the present
invention;
FIG. 4 is a left side, elevational view of the chairback of the
present invention;
FIG. 5 is a right side, elevational view of the chairback of the
present invention; and,
FIG. 6 is a rear, elevational view of the chairback of the
present invention.
1 Claim, 3 Drawing Sheets
U.S. Patent May 29, 2012 Sheet 1 of 3 US D660,620 S
FIG.2
FIG. I
F/G.3
U.s. Patent
May 29, 2012 Sheet 2 of 3
US D660,620 S
F!G.4
F!G.S
U.S. Patent May 29,2012 Sheet 3 of 3
US D660,620 S
F/G.6

EXHIBIT B
7
Oak Street Manufacturing
Metal 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 Chair
SL2090
Windowpane Dining Chair
SL2163
3X Vertical Dining Chair
SL2164
5 Line Dining Chair
SL2166
Jigsaw Dining Chair
SL2168
N
e
w
!
N
e
w
!
Wood Back Dining Chairs
In stock and ready to ship
t 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
16 17
Metal Frame Barstools
For more information, seat options and dimensions see Page 14
Windowpane Barstool
SL2163-1
3X Vertical Barstool
SL2164-1
5 Line Barstool
SL2166-1
Jigsaw Barstool
SL2168-1
Verticalback Barstool
SL2090-1
N
e
w
! N
e
w
!
Wood Back Barstools
t 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 Barstools have 3 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 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

EXHIBIT C

t'> Jigsaw Dining Chair - SL2168 <<Oak Street Manufacturing- Mozilla Firefox
Eile Iools t1elp
CJD""=' C X M ( [j http://www.oakstreetmfg.com/dining-chair/jigsaw-dining-chair-sl2168-2
vI - + \!1) M - f!] - - (:Q I) E,: 0 Share- {;] 8ool<marks- Translate - A Autofill -

Jigsaw Dining Chair rv SL2168
Premium black powder coatwrinkle finish
16 gauge, 1-1/4" steel tubing
Totally welded frame
Dining chairs have two leg supports
Non-marring poly glides
Seats ship unattached -simple seat attachment is
required
Vinyl seats available in: Black, Espresso, Red and
Wine
Wood seats available in: Black, Cherry, Mahogany,
Natural and Walnut
F.O.B.Monticello, Iowa
http://www.oakstreetmfg.com/wpcontent/uploads/wpchecl<out/images/jigsawdiningchair-sl2168.jpg
SeatType
0 BlacK (Vinyl)
0 Walnut (Wood)
0 Natural (Wood)
0 Mahogany (Wood)
0 Cherry (Wood)
0 BlacK (Wood)
0 Wine (Vinyl)
0 Red (Vinyl)
0 Espresso (Vinyl)
0 BucKsKin (Vinyl)
I Add to BasKet I

-II - AVGSecureSearch
PI
'\ v Sign in
Click to Enlarge
vJ

t'l Jigsaw Barstool - SL2168-1 Oak Street Manufacturing- Mozilla Firefox
Eile Iools t1elp
c X M ( [j http://www.oakstreetmfg.com/barstool/jigsaw-barstoolsl2168-1-4
vI + \!1) M f!] (:Q I) E,: 0 Share {;] 8ool<marks Translate A Autofill

Done
Jigsaw Barstool rv SL2168-1
16 gauge, 1-1/4" steel tubing
Totally welded frame
Barstools have three leg supports
Non-marring poly glides
Seats ship unattached -simple seat attachment is
required
F.O.B.Monticello, Iowa
Vinyl seat options: Black, Espresso, Red and Wine
Wood seat options: Black, Cherry, Mahogany, Natural
and Walnut
SeatType
.
0 Black (Vinyl)

0 Walnut (Wood)

0 Natural (Wood)
0 Mahogany (Wood)

0 Cherry (Wood)

0 Black (Wood)

0 Wine (Vinyl)

0 Red (Vinyl)

0 Espresso (Vinyl)

0 Buckskin (Vinyl)
I Add to Basket I
II AVGSecureSearch
PI
'\ v Sign in
Download Catalog
Click to Enlarge
vJ

Yuglich v. Oak Street - Complaint

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Yuglich v. Oak Street - Complaint

Uploaded by

Copyright:

Available Formats

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

You might also like