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Select Comfort Corporation, Plaintiff,


Court File No.


Tempur Sealy International, Inc., d/b/a/ Tempur-Pedic Defendants.

Plaintiff Select Comfort Corporation ("Select Comfort") for its Complaint against Defendant Tempur-Sealy International, Inc. d/b/a Tempur-Pedic ("Tempur-Pedic") states: NATURE OF THIS ACTION 1. This is an action arising under the United States Patent Act, 35 U.S.C. 1

et seq., for infringement of Select Comfort's U.S. Patent No. 5,904,172 (the "'172 Patent"). THE PARTIES 2. Select Comfort is a Minnesota corporation with its principal place of

business in Minnesota. Select Comfort designs, manufactures, and markets unique air bed products, many features of which are protected by the patent laws of the United States. Select Comfort's Sleep Number beds use uniquely designed air chambers to provide a gentle cushion of support that can be adjusted to an individual's preference, comfort, and firmness. 1


Tempur-Pedic is a Delaware corporation, with its principal place of

business in Lexington, Kentucky. According to Tempur-Pedic, it is a leading manufacturer, marketer, and distributor of premium mattresses and pillows. TempurPedic markets and sells its products to consumers through multiple channels in the United States, including online and through bedding retailers and department stores. JURISDICTION AND VENUE 4. This is an action for patent infringement under the Patent Act, 35 U.S.C.

1 et seq. This Court has original subject matter jurisdiction over this action under 28 U.S.C. 1331, 1332, and 1338. Venue lies in this District under 28 U.S.C. 1391 (B) and (C). 5. This Court has personal jurisdiction over Tempur-Pedic. On information

and belief, Tempur-Pedic has purposefully, continuously, and systematically conducted business in Minnesota by, inter alia, advertising, promoting, and selling its bedding products in Minnesota. On information and belief, Tempur-Pedic transacts business with Minnesota residents over the internet and through retail outlets, enters into contracts with Minnesota residents, and collects payment for products from Minnesota residents. GENERAL ALLEGATIONS 6. Select Comfort was founded in 1987 in Minneapolis, Minnesota to develop,

manufacture, and sell air beds. The company has grown from having only three retail stores in 1992 to becoming a large and successful manufacturer and retailer with over 375 stores across the United States today.


Select Comfort's current line of products represents over 25 years of

research and development by the company to improve and revolutionize the way people sleep. Select Comfort's air beds come with a firmness control system which allows a person to wirelessly and easily customize the firmness of the mattress at the touch of a button. Many of Select Comfort's air beds are available with independent air chambers for each side of the mattress, allowing customized firmness for each sleep partner. 8. Select Comfort maintains its own research and development department

and developed its innovative firmness and wireless control system, its improved valve enclosure assembly system, and its sleep surface adjustment system and methods at its own expense. 9. On May 18, 1999, the United States Patent and Trademark Office issued

the '172 Patent entitled "VALVE ENCLOSURE ASSEMBLY." A copy of the '172 Patent is attached as Exhibit 1. 10. A valve enclosure assembly is critical to an adjustable air bed because it

provides a means to adjust the firmness of the bed by adding or subtracting air from the air chamber(s) located inside the bed. 11. The '172 Patent lists James Edwin Gifft and Paul Mahoney as inventors.

Mr. Gifft and Mr. Mahoney were Select Comfort employees and assigned all rights, title, and interest in the '172 Patent to Select Comfort. 12. Tempur-Pedic began selling an adjustable air bed known as Tempur-Choice

in 2013. The Tempur-Choice bed also allows users to adjust the firmness of their bed by

inflating or deflating the air chambers. The valve enclosure assembly used to accomplish this on Tempur-Choice beds infringes the '172 Patent. 13. Tempur-Pedic has had knowledge of the '172 Patent since at least the filing

of this complaint. 14. The '172 Patent was subjected to an ex parte re-examination in 2012.

Certain claims were confirmed, including claims that cover Tempur-Pedic's valve enclosure assembly. The Ex Parte Reexamination Certificate is attached as Exhibit 2. CLAIM FOR RELIEF FOR INFRINGEMENT OF THE 172 PATENT 15. 16. Select Comfort restates and realleges paragraphs 1 through 13. Tempur-Pedic has infringed in the past and continues to infringe the '172

Patent in violation of 35 U.S.C. 271(a) by making, using, selling, offering to sell, and/or importing a valve enclosure assembly with its Tempur-Choice line of beds, which is covered by one or more claims of the '172 Patent, and therefore infringes the '172 Patent under 35 U.S.C. 271(a). 17. Due to Tempur-Pedic's infringement of the '172 Patent, Select Comfort has

suffered and continues to suffer great and irreparable injury, for which it has no adequate remedy at law. 18. Tempur-Pedic's acts of infringement were undertaken without permission

or license from Select Comfort. PRAYER FOR RELIEF WHEREFORE, Select Comfort requests the following relief: 19. A judgment that Tempur-Pedic has infringed the '172 Patent. 4


Preliminary and permanent injunctions under 35 U.S.C. 283 enjoining

and restraining Tempur-Pedic and all others acting through or in concert with TempurPedic from infringing the '172 Patent. 21. 22. and 23. Such further relief as the Court may deem just and proper. JURY DEMAND Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Select Comfort requests a trial by jury on all claims and issues triable by jury. Dated: January 24, 2014 OPPENHEIMER WOLFF & DONNELLY LLP By: s/ Archana Nath Edward M. Laine (#59535) Andrew S. Hansen (# 285894) Samuel R. Hellfeld (#309954) Archana Nath (#387662) Campbell Mithun Tower, Suite 2000 222 South Ninth Street Minneapolis, Minnesota 55402 Telephone: (612) 607-7000 Fax Telephone: (612) 607-7100 ATTORNEYS FOR PLAINTIFF SELECT COMFORT CORPORATION A judgment requiring Tempur-Pedic to pay damages, with interest. A judgment requiring Tempur-Pedic to pay all costs and attorneys' fees;

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