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Case 1:15-cv-12152 Document 1 Filed 06/03/15 Page 1 of 7

UNITED STATES DISTRICT COURT


DISTRICT OF MASSACHUSETTS

Blue Water Investment LLC,


Plaintiff,

Civil Action No. : ___________

v.
COMPLAINT
Whitmor, Inc., and
Wal-Mart Stores, Inc.,
Defendants.

Plaintiff, Blue Water Investment LLC, for its Complaint against the defendants,
Whitmor, Inc. and Wal-Mart Stores, Inc., alleges as follows:

PARTIES
1.

Plaintiff, Blue Water Investment LLC, is a Massachusetts limited liability

company having a principal place of business at 62 South Main Street, Sharon, MA


02067 (hereinafter plaintiff).
2.

On information and belief, defendant Whitmor, Inc., is a Delaware corporation

having a principal place of business at 8680 Swinnea Road, Suite 103, Southaven, MS
38671 (hereinafter defendant Whitmor).
3.

On information and belief, defendant Wal-Mart Stores, Inc., is a Delaware

corporation having a principal place of business at 702 SW 8th Street, Bentonville, AK


72716 (hereinafter defendant Wal-Mart).

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Case 1:15-cv-12152 Document 1 Filed 06/03/15 Page 2 of 7

JURISDICTION AND VENUE


4.

This action arises under the patent laws of the United States, 35 U.S.C. 1 et seq.

5.

This Court has subject matter jurisdiction over this dispute pursuant to 28 U.S.C.

1331 and 1338(a).


6.

This Court has personal jurisdiction over the defendants based upon theirs

contacts with this forum, including, the sale of infringing products within the
Commonwealth of Massachusetts.
7.

Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and

1400(b).

GENERAL FACTS
8.

Plaintiff is the sole owner of U.S. Patent No. D487,695 that issued on March 23,

2004 (the 695 Patent). A true copy of the 695 Patent is attached hereto as Exhibit A.
The 695 Patent is valid and enforceable.
9.

Plaintiff is the sole owner of U.S. Patent No. D493,096 that issued on July 20,

2004 (the 096 Patent). A true copy of the 096 Patent is attached hereto as Exhibit B.
The 096 Patent is valid and enforceable.
10.

On information and belief, defendant Wal-Mart is making, using, offering for

sale, and/or selling a first set of bed risers (Item No. MS10-016550-11-black) to
consumers throughout the United States, including the Commonwealth of Massachusetts
(the First Product).

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Case 1:15-cv-12152 Document 1 Filed 06/03/15 Page 3 of 7

11.

A picture of the First Product and it packaging purchased from one of defendant

Wal-Marts retail stores located within the Commonwealth of Massachusetts is attached


hereto as Exhibit C.
12.

On information and belief, defendant Wal-Mart is using, offering for sale, and/or

selling a second set of bed risers (Item No. 6511-3349-BLK) supplied by defendant
Whitmor to consumers throughout the United States, including the Commonwealth of
Massachusetts (the Second Product).
13.

A picture of the Second Product and it packaging purchased from defendant Wal-

marts online store (www.walmart.com) and picked up at one of defendant Wal-Marts


retail stores located within the Commonwealth of Massachusetts is attached hereto as
Exhibit D.
14.

Upon information and belief, defendant Whitmor imports the Second Product

from China and is using, offering for sale, and/or selling the Second Product to defendant
Wal-Mart and other retailers who sell to consumers throughout the United States,
including the Commonwealth of Massachusetts.

COUNT I - PATENT INFRINGEMENT - U.S. PATENT NO. D487,695


15.

Plaintiff re-alleges each and every allegation set forth in Paragraphs 1-14 as if

fully alleged herein.


16.

Defendant Wal-Marts manufacture, use, offer for sale, and/or sale of the First

Product infringes the 695 Patent in violation of 35 U.S.C. 271.


17.

Defendant Wal-Marts infringement of the 695 Patent has caused and continues

to cause plaintiff irreparable harm.


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Case 1:15-cv-12152 Document 1 Filed 06/03/15 Page 4 of 7

18.

Defendant Wal-Marts infringement of the 695 Patent has caused and continues

to cause plaintiff monetary damage.

COUNT II - PATENT INFRINGEMENT - U.S. PATENT NO. D493,096


19.

Plaintiff re-alleges each and every allegation set forth in Paragraphs 1-18

as if fully alleged herein.


20.

Defendant Wal-Marts manufacture, import, use, offer for sale, and/or sale of the

First Product infringes the 096 Patent in violation of 35 U.S.C. 271.


21.

Defendant Wal-Marts infringement of the 096 Patent has caused and continues

to cause plaintiff irreparable harm.


22.

Defendant Wal-Marts infringement of the 096 Patent has caused and continues

to cause plaintiff monetary damage.

COUNT III - PATENT INFRINGEMENT - U.S. PATENT NO. D487,695


23.

Plaintiff re-alleges each and every allegation set forth in Paragraphs 1-22 as if

fully alleged herein.


24.

Defendant Whitmors manufacture, use, offer for sale, and/or sale of the Second

Product infringes the 695 Patent in violation of 35 U.S.C. 271.


25.

Defendant Whitmors infringement of the 695 Patent has caused and continues to

cause plaintiff irreparable harm.


26.

Defendant Whitmors infringement of the 695 Patent has caused and continues to

cause plaintiff monetary damage.

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Case 1:15-cv-12152 Document 1 Filed 06/03/15 Page 5 of 7

COUNT IV - PATENT INFRINGEMENT - U.S. PATENT NO. D487,695


27.

Plaintiff re-alleges each and every allegation set forth in Paragraphs 1-26 as if

fully alleged herein.


28.

Defendant Wal-Marts manufacture, use, offer for sale, and/or sale of the Second

Product infringes the 695 Patent in violation of 35 U.S.C. 271.


29.

Defendant Wal-Marts infringement of the 695 Patent has caused and continues

to cause plaintiff irreparable harm.


30.

Defendant Wal-Marts infringement of the 695 Patent has caused and continues

to cause plaintiff monetary damage.

COUNT V - PATENT INFRINGEMENT - U.S. PATENT NO. D493,096


31.

Plaintiff re-alleges each and every allegation set forth in Paragraphs 1-30

as if fully alleged herein.


32.

Defendant Whitmors manufacture, import, use, offer for sale, and/or sale of the

Second Product infringes the 096 Patent in violation of 35 U.S.C. 271.


33.

Defendant Whitmors infringement of the 096 Patent has caused and continues to

cause plaintiff irreparable harm.


34.

Defendant Whitmors infringement of the 096 Patent has caused and continues to

cause plaintiff monetary damage.

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Case 1:15-cv-12152 Document 1 Filed 06/03/15 Page 6 of 7

COUNT VI - PATENT INFRINGEMENT - U.S. PATENT NO. D493,096


35.

Plaintiff re-alleges each and every allegation set forth in Paragraphs 1-34

as if fully alleged herein.


36.

Defendant Wal-Marts manufacture, import, use, offer for sale, and/or sale of the

Second Product infringes the 096 Patent in violation of 35 U.S.C. 271.


37.

Defendant Wal-Marts infringement of the 096 Patent has caused and continues

to cause plaintiff irreparable harm.


38.

Defendant Wal-Marts infringement of the 096 Patent has caused and continues

to cause plaintiff monetary damage.

REQUESTED RELIEF
Plaintiff requests this Court to enter judgment in favor of it and against the
defendants on the above counts and grant it the following relief:
1.

Pursuant to 35 U.S.C. 283, an Order that defendants be preliminary

enjoined from making, importing, using, offering for sale, and/or selling the First and/or
Second Product or any other product that infringes U.S. Patent Nos. D487,695 and
D493,096;
2.

Pursuant to 35 U.S.C. 283, an Order that defendants be permanently

enjoined from making, importing, using, offering for sale, and/or selling the First and/or
Second Product or any other product that infringes U.S. Patent Nos. D487,695 and
D493,096;
3.

Pursuant to 35 U.S.C. 284, that defendants pay plaintiff actual damages

as may be proved at trial, and in no event less than a reasonable royalty;


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Case 1:15-cv-12152 Document 1 Filed 06/03/15 Page 7 of 7

4.

Pursuant to 35 U.S.C. 289, that defendants pay plaintiff an amount of

damages equal to the profits realized by defendants sales of the First and/or Second
Product as may be proved at trial;
5.

Pursuant to 35 U.S.C. 284, that plaintiff be awarded interest on damages;

6.

Pursuant to 35 U.S.C. 284, that plaintiff be awarded its costs; and

7.

Such other relief as this Court deems equitable and just.

REQUEST FOR A JURY


Plaintiff hereby requests a jury on all issues triable by a jury.

Respectfully submitted,

Blue Water Investment LLC


By its Attorney,

Dated: 06-03-2015

/s/ Steven N. Fox


Steven N. Fox (BBO #554692)
62 South Main Street
Sharon, MA 02067
(781) 821-8920
E-Mail: sfox@foxpatent.com

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Case 1:15-cv-12152 Document 1-1 Filed 06/03/15 Page 1 of 2

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

Blue Water Investment LLC

Whitmor, Inc. and Wal-Mart Stores, Inc.

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

(IN U.S. PLAINTIFF CASES ONLY)


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

Attorneys (If Known)

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


Steven N. Fox, Esq.
62 South Main Street, Sharon, MA 02067
781-821-8920

II. BASIS OF JURISDICTION (Place an X in One Box Only)


1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff


(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)


CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure


of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act


400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)


1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

35 U.S.C. 271 and 35 U.S.C. 289

VI. CAUSE OF ACTION Brief description of cause:


Patent Infringement

CHECK IF THIS IS A CLASS ACTION


VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:


Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Steven N. Fox

06/03/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

Print

APPLYING IFP

Save As...

JUDGE

MAG. JUDGE

Reset

JS 44 Reverse (Rev. 12/12)

Case 1:15-cv-12152 Document 1-1 Filed 06/03/15 Page 2 of 2

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)

(b)

(c)

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.
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.)
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.

Case 1:15-cv-12152 Document 1-2 Filed 06/03/15 Page 1 of 1


UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1. Title of case (name of first party on each side only) Blue Water Investment LLC v. Whitmor, Inc. and Wal-Mart Stores, Inc.

2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
rule 40.1(a)(1)).
I.

410, 441, 470, 535, 830*, 891, 893, 895, R.23, REGARDLESS OF NATURE OF SUIT.

II.

110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442, 443, 445, 446, 448, 710, 720,
740, 790, 820*, 840*, 850, 870, 871.

III.

120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 367, 368, 375, 385, 400,
422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 625, 690, 751, 791, 861-865, 890, 896, 899,
950.
*Also complete AO 120 or AO 121. for patent, trademark or copyright cases.

3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this
district please indicate the title and number of the first filed case in this court.

4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES

NO

5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest?
2403)
YES

NO

YES

NO

(See 28 USC

If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?

6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC 2284?
YES

NO

7. Do all of the parties in this action, excluding governmental agencies of the united states and the Commonwealth of
Massachusetts (governmental agencies), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).
YES
A.

NO

If yes, in which division do all of the non-governmental parties reside?


Eastern Division

B.

Central Division

Western Division

If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,
residing in Massachusetts reside?
Eastern Division

Central Division

Western Division

8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,
submit a separate sheet identifying the motions)
YES

NO

(PLEASE TYPE OR PRINT)


ATTORNEY'S NAME Steven N. Fox, Esq.
ADDRESS 62 South Main Street, Sharon, MA 02067
TELEPHONE NO. 781-821-8920
(CategoryForm12-2011.wpd - 12/2011)

Case 1:15-cv-12152 Document 1-3 Filed 06/03/15 Page 1 of 3

EXHIBIT A:

U.S. Patent No. D487,695

EXHIBIT A Case 1:15-cv-12152 Document 1-3 Filed 06/03/15 Page 2 of 3


USO0D487695S

(12) United States Design Patent (10) Patent N0.:


Sittig
(45) Date of Patent:

US D487,695 s
** Mar. 23, 2004

Primary ExaminerHolly Baynham

(54) BED ELEVATOR

(74) Attorney, Agent, or FirmSteven N. Fox, Esq.

(76) Inventor: Kenneth W. Sittig, 25 Keegan La.,


#SB, Green?eld, MA (US) 01301
(**) Term:

CLAIM

The ornamental design of a bed elevator, as shoWn and


described.

14 Years

(21) Appl. No.: 29/183,081


(22) Filed:

(57)

DESCRIPTION

Jun. 5, 2003

(51)
(52)

LOC (7) Cl. .................................................. .. 08-05


US. Cl. ...................................................... .. D8/374

(58)

Field of Search .......................... .. D8/374; D6/374;

5/5091; 248/1882, 188.8, 346.01


(56)

References Cited
U.S. PATENT DOCUMENTS
D336,843 S

6/1993

Hurst ........................ .. D8/374

D404,992 S

2/1999

Sittig ........................ .. D8/374

* cited by examiner

FIG. 1 is a perspective vieW of the present invention;


FIG. 2 is a top plan vieW of the present invention;
FIG. 3 is a front elevation vieW of the present invention
Which is also illustrative of all side elevation and rear

elevation vieWs of the present invention; and,


FIG. 4 is a bottom plan vieW of the present invention.
The broken lines shoWn in the drawings illustrate environ
ment and do not form any part of the claimed design.

1 Claim, 1 Drawing Sheet

Case 1:15-cv-12152 Document 1-3 Filed 06/03/15 Page 3 of 3

U.S. Patent

Mar. 23,2004

, _

US D487,695 S

Case 1:15-cv-12152 Document 1-4 Filed 06/03/15 Page 1 of 3

EXHIBIT B:

U.S. Patent No. D493,096

EXHIBIT B

Case 1:15-cv-12152 Document 1-4 Filed 06/03/15 Page 2 of 3


USO0D493096S1

(12) United States Design Patent (10) Patent N0.:


Sittig

US D493,096 S

(45) Date of Patent:

(54)

BED ELEVATOR

(76)

Inventor:

(**) Term;

D423,340 S

**

Jul. 20, 2004

4/2000 Sittig ........................ .. D8/374

Kenneth W. Sittig, 25 Keegan La.,

* Cited by examiner

#SB Green?eld MA (Us) 01301

Primary ExaminerHolly Baynham

14 Years

(74) Attorney, Agent, or FirmSteven N. Fox, Esq.

(57)

(21) Appl. No.: 29/183,084

CLAIM

The ornamental design of a bed elevator, as shoWn and

Jun. 5,

described.

(51)

LOC (7) c1. .................................................. .. 08-05

(52)

US. Cl. ......................................... .. D8/374

(58)

Field of Search ...................... .. D8/374; 248/1882,

248/34611; 5/658, 663


_

(56)

References Clted
U S PATENT DOCUMENTS
3,028,703 A
D336,843 S

D404,992 S

4/1962

Matter ................... .. 248/1883

6/1993
2/1999

Hurst .... ..
Sittig ........................ .. D8/374

DESCRIPTION

FIG. 1 is a perspective vieW of the present invention;

FIG. 2 is a top plan vieW of the present invention;


FIG. 3 is a front elevation vieW of the present invention

Which is also illustrative of all side elevation and rear


elevation vieWs of the present invention; and,
FIG. 4 is a bottom plan vieW of the present invention.

1 Claim, 1 Drawing Sheet

Case 1:15-cv-12152 Document 1-4 Filed 06/03/15 Page 3 of 3

U.S. Patent

Jul. 20, 2004

US D493,096 5

FIG. 3

Case 1:15-cv-12152 Document 1-5 Filed 06/03/15 Page 1 of 2

EXHIBIT C:

Picture of Wal-Mart Bed Riser and Packaging

Case 1:15-cv-12152 Document 1-5 Filed 06/03/15 Page 2 of 2

EXHIBIT C

Case 1:15-cv-12152 Document 1-6 Filed 06/03/15 Page 1 of 2

EXHIBIT D:

Picture of Whitmor Bed Riser and Packaging

Case 1:15-cv-12152 Document 1-6 Filed 06/03/15 Page 2 of 2

EXHIBIT D