Case 1:14-cv LGS Document 2 Filed 03/13/14 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK.

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1 Case 1:14-cv LGS Document 2 Filed 03/13/14 Page 1 of 15 DAY PITNEY LLP 7 Times Square New York, NY Tel: (212) Attorneys for Plaintiff Hunter Douglas, Inc. JUDGE SCHOFIELD UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HUNTER DOUGLAS. INC.. Civil Action V, Plaintiff. Jury Trial Demanded KOHL'S CORPORATION and WELCOME INDUSTRIAL CORPORATION, Defendants, COMPLAINT Plaintiff Hunter Douglas, Inc.. by its attorneys, Day Pitne omplaint against Kohl's Corporation and Welcome Industrial Corporation, stating nd al ing as follows: The Parties Hunter Douglas, Inc. ("Hunter Douglas") is a corporation organized and existing under the laws of Delaware, having a principal place of business at I Blue Hill Plaza, Pearl River. New York. 2. Upon information and belief, Defendant Kohl's Corporation ("Kohl's") is a corporation organized and existing under the laws of Wisconsin with its principal place of business at N56 W17000 Ridgewood Drive. Menomonee Falls. Wisconsin. 4iiitrlfdlIP I

2 Case 1:14-cv LGS Document 2 Filed 03/13/14 Page 2 of 15 L 3. Upon information and belief, Defendant Welcome Industrial Corporation t"welcome Industrial") is a corporation organized and existing under the laws of New York with its principal place of business at 95 Marcus Blvd., Deer Park. New York. Jurisdiction and Venue 4 This Court has subject matter jurisdiction over this action under 28 U.S.C and 1338(a). as it arises under Acts of Congress related to patents. 5. This Court has personal jurisdiction over Defendants by virtue of. among other things. Defendants' importation into, offers to sell, and/or sales of their infringing products in this District. 6 Venue is proper in this District pursuant to 28 U.S.C, 1391(b) and Factual Background 7. Hunter Douglas is a preeminent manufacturer of a full array of custom window covering products, including, among other things. roman shades, honey comb or "cellular" shades, pleated shades, vertical blinds, miniblinds. woodblinds, shutters, and window shadings. and is known as an innovator in the custom window coverings field. 8. Hunter Douglas distributes its window covering products throughout the United States and around the world, and has numerous intellectual property assets that embody the fruits of its many innovations. 9. Hunter Douglas is the lawful owner, by assignment. of all rights, title and interest in U.S. Patent No ("the '131 Patent"), entitled "Control System for Covering for Architectural Openings." A copy of the '131 Patent is attached hereto as Exhibit A. 10. Defendant Kohl's sells and offers to sell in this District and elsewhere in the United States a window covering product called Top-Down/Bottom-Up Shades. An example of Kohl's,i2s1f16".10) I

3 Case 1:14-cv LGS Document 2 Filed 03/13/14 Page 3 of 15 offering for sale of the Top-Down/Bottom-Up Shades, as marketed and sold through its %ebsite at www,kohis.corn. is attached hereto as Exhibit B. Although Kohl's appears to offer two versions of the Top-Down/Bottom-Up Shades, one of the versions of that product infringes the I31 Patent. II. Defendant Welcome Industrial imports into and/or offers for sale in the United States a version of the Top-Down/Bottom-Up Shades that infringes the '131 Patent, Specifically, upon information and belief, Defendant Welcome Industrial supplies the infringing version of the Top-Down/Bottom-Up Shades product that is sold by Kohl's. COUNT ONE (Patent Infringement) 12. Plaintiff repeats and realleges Paragraphs 1-11 as if fully set forth herein, 13. By making. using. offering to sell, selling, and/or importing into the United States a version of the Top-Down/Bottom-Up Shades product, Defendants have infringed and continue to infringe the '131 Patent, in violation of 35 U.S.C, Upon information and belief. Defendants' infringement of the '131. Patent is willful. entitling Hunter Douglas to increased damages pursuant to 35 U.S.C In addition, this case is exceptional, entitling Hunter Douglas to attorneys' fees and costs pursuant to 35 U.S.C As a direct and proximate result of Defendants' conduct, Hunter Douglas has suffered, and will continue to suffer. irreparable harm, for which it has no adequate remedy at law Patent. 17. Unless enjoined by the Court. Defendants will continue to infringe the ' I P*A01) I

4 Case 1:14-cv LGS Document 2 Filed 03/13/14 Page 4 of Unless this Court preliminarily and permanently enjoins Defendants' infringing product, Hunter Douglas will continue to be irreparably harmed by Defendants infringement of the '131 Patent. WHEREFORE, Plaintiff prays: A. For judgment preliminarily and permanently restraining and enjoining each Defendant (and its officers, directors, employees, agents, servants, successors. assigns. and any and all persons in privy or in concert with them, directly or indirectly) from infringing any of the claims of the '131 Patent in any manner; B. For judgment that one or more of the claims of the '131 Patent have been infringed by each Defendant; C. For damages adequate to compensate Plaintiff for each Defendant's infringement. but in no event less than a reasonable royalty, together with interest thereon; Defendant: D. For a threefold increase in damages as a result of willful infringement by each E. For an assessment and award of interest, costs, and attorneys fees against each Defendant; and F. For such other and further relief as the Court deems just and proper. By: Anthony J. Marchetta ( AM77 I 8) Richard H. Brown (RB5858) Day Pitney LIP 7 Times Square New York, NY (212) amarchetta@daypitney.com rbrown@daypitney.com Date: March Attorneys for Plaintiff Hunter Douglas, Inc.

5 Case 1:14-cv LGS Document 2 Filed 03/13/14 Page 5 of 15 JURY TRIAL DEMAND Plaintiff demands a trial by jury on all claims or issues so triable. By: 41(Z Anthony J. Marchetta (AM77I8) Richard H. Brown RB5858) Day Pitney LLP 7 Times Square New York, NY (212) amarchetta@daypitney.com rbrown@daypitney.com Attorneys for Plaintiff Hunter Douglas, Inc. Date: March 12, no Ai

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7 Case 1:14-cv LGS Document 2 Filed 03/13/14 Page 7 of M1#1111 II UIl 11 l!1 United States Patent itol it Patent Number: 6,129,131 Colson 1451 Date of Patent: Oct. 10, 2000 (541 CONTROL SYSTEM FOR COVERINGS FOR ARCHITECTURAL OPENINGS [ 751 Inventor: Wendell B. Colson, Weston, Mass. 1 73] Assignee: Hunter Douglas Inc., Upper Saddle River, NJ. [211 Appl. No.: 09/139, ! Piled: Aug. 21, 1998 Related U.S. Application Data [ 60 1 Provisional applit:ation No, 60:066,886, Nov. 26, [511 (521 U.S. CI / : I60/ /296; 160/308 (581 Fleid of Starch i84.02, ,84.05, 8406, 171 R, 170 R, , 296, 291, 298, 308, 307 (561 References Cited IJ.S. PATENT DOCUMENTS 803, ,144 11/ Lang Grimacer 160/170 R X ClIesne /170 R 3,181, ['ceder. 4, /1983 Waine et al. 160/307 X 4,492, Chong /319 5,566, Ogasvota at al /300 5,791, Itsikina X 5,890,529 4/1999 Hamer. FOREIGN PATENT DOCUMENTS WO 97/ /1964 6/1992 United Kingdom United Kingdom. WIPO Primary Examiner David M. Purol Arlorney, A gem, or Pirm--Doisey & [571 ABSTRACT' Whitney LLP A control system for & vertically moveable covering for an architectural opening includes 3 UniAircclional drive asscittlhly that is operated with a single pull element such that uptai pulling of the pull element, the covering can be raised in increments. Adult:h./brake assembly selectively prevents the covering from dropping by gravity between pulling strokes on the pulling element, but It release of the brake allows the shade to drop by gravity from its retracted position to any degree of extension. A governor is further provided to regulate the rate at which the covering drops by gravity A cord lift system which is operated by the main drive assembly and the clutch/brake assembly in:andes a rotatable and axially slidable spool about which a lift cord can be wound. The lift cord has one cud anchored to the spool and es opposite end extended through a supporting bracket for the spool and downwardly through the covering where the opposite cud is anchored to a bottom rail such that a wrapping of the hit cord about the Spool lifts 'be bottom rail thereby causing the covering to be raised adjacent to the lift spool. The lift cord is tangentially fcd to the lift spool and forced into an angular wrap on the spool while an outer shell spaced a small distance from the spool prevents multiple wraps s.rs that he lift cord does not become tangled. A nets m spring biases the spool ill one direction to racililsle a controlled movement of the covering from 3 rouncied to no extended position Innen 35 Claims, II Drawing Sheets

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9 Case 1:14-cv LGS Document 2 Filed 03/13/14 Page 9 of 15 U.S. Patent Oct. 10, 2000 Sheet 2 of 11 6,129,131 i0 tr)

10 Case 1:14-cv LGS Document 2 Filed 03/13/14 Page 10 of 15 U.S. Patent Oct, 10,2000 Sheet 3 oft! 6,129,131 4Z) I I I "V^ - -

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