Bedgear v. Comfort Revolution - Complaint

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 1 of 22 PageID #: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NEW YORK
BEDGEAR, LLC
Plaintiff,
v.
COMFORT REVOLUTION, LLC
Defendant.
Case No.: 1:15-cv-____

COMPLAINT
JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT

This is an action for patent infringement in which plaintiff, Bedgear, LLC (Bedgear),
by its counsel, Bryan Cave LLP, makes the following allegations in support of its Complaint
against defendant, Comfort Revolution, LLC (Comfort Revolution):
PARTIES
1.
Bedgear is a Delaware limited liability company with its principal place of
business at 110 Bi-County Blvd., Suite 101, Farmingdale, NY, 11735. Bedgear draws on its
proprietary technology to innovate and develop various bedding products and accessories,
including pillows, mattress protectors, and bed sheets. Among other things, Bedgears bedding
products provide advanced functional properties that enhance performance and facilitate
recovery during sleep. As a result of its innovations, Bedgear has become the market leader in
the performance bedding industry.
2.
On information and belief, Comfort Revolution is a Delaware limited liability
company with its principal place of business at 187 Route 36, Suite 205, West Long Branch, NJ
07764.
3.
Comfort Revolution manufactures, imports, offers for sale, sells, and/or
distributes bedding products, including pillows, that infringe Bedgears patents.

JURISDICTION AND VENUE
4.
This action arises under the patent laws of the United States, Title 35 U.S.C. 1,
et seq. Accordingly, this Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and
1338(a).
5.
On information and belief, Comfort Revolution is subject to this Courts specific
and general personal jurisdiction, pursuant to due process and/or the New York Long Arm
Statute, due at least to its substantial ongoing business activities in this forum, including
regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or
deriving substantial revenue from goods and services provided to persons or entities in New
York and this District.
6.
On information and belief, Comfort Revolution has itself, and through various
third party retailers, repeatedly transacted business with customers in New York and within this
District, and has advertised, promoted, sold, and shipped infringing products into New York,
including this District, without Bedgears authorization or permission. By way of example, on
information and belief, third party retailers through which Comfort Revolution distributes, offers
for sale, and sells infringing products within this District include, a Bed Bath & Beyond store,
located in Westbury, NY, and a Macys Department store, located in Garden City, NY. On
information and belief, Comfort Revolution operates a showroom located at 230 Fifth Avenue,
New York, NY where it advertises, promotes, offers for sale and/or sells infringing products.
7.
On information and belief, Comfort Revolution also maintains and operates one
or more websites on the Internet, including a website at: http://www.comfortrevolution.com,
which are operational twenty-four (24) hours a day, seven days a week, are accessible to and
regularly accessed by residents of this District and other persons throughout the United States,
and through which Comfort Revolution advertises, promotes, offers for sale, and sells its
products. On information and belief, Comfort Revolution has, through its websites and/or other
authorized third party websites, repeatedly transacted business with customers throughout the
United States, including customers within this District, and has advertised, promoted, offered for
sale, sold, and shipped infringing products into this District without Bedgears authorization or
permission. Further, on information and belief, Comfort Revolution has derived substantial
revenue from interstate commerce and has interjected itself into this District by its operation of a
nationwide business through commercial websites and third party distributors or resellers
whereby Comfort Revolution has sold and continues to sell infringing products.
8.
Venue is proper in this District under 28 U.S.C. 1391(b), 1391(c), and 1400(b)
at least because Comfort Revolution is subject to personal jurisdiction in this District, does
business in the State of New York and this District, and has committed and continues to commit
acts of infringement in this District.
BACKGROUND
Bedgears Bedding Innovations
9.
Bedgear is a leading manufacturer of specialty bedding products and sleep
essentials, including pillows and pillow covers, pillow protectors, mattress protectors and
encasements, mattress toppers, blankets, and bed sheets.
10.
Bedgears philosophy is centered around designing, developing, and delivering
bedding products that provide individuals with improved recovery during sleep in order to
enhance their active lifestyles.
11.
Bedgear was founded by nationally-recognized entrepreneur, Eugene Alletto,
whose two decades of prior expertise with home furnishings and textiles laid the foundation for
Bedgears unique approach to fabrics and manufacturing techniques, as well as its innovations
across a wide array of specialty bedding products.
12.
Since its inception, Bedgear has been dedicated to developing and perfecting
bedding products and sleep essentials that are engineered using advanced textile fabrication
techniques. Bedgear utilizes these proprietary technologies and techniques to provide consumers
with a variety of high-tech, high-quality bedding products that have new and improved
functional characteristics designed to improve sleep quality.
13.
Due to its many innovations and novel high-tech approach to bedding products,
Bedgear is well-known for being a pioneer of performance bedding.

14.
For example, Bedgear has been referred to in the media as the company that
invented performance sleep, based on its performance branded line of bedding products.
(Bloomberg, Small to Big video segment, The Company That Invented Performance Sleep,
November 4, 2014). Bedgear and its performance branded bedding products have also been
featured on numerous other media networks and outlets, including NBC (NBC Weekend Today
New York, Best Gifts for Mothers Day, May 3, 2015), KHONTV (KHONTV, Is Your
Pillow Right For You, February 27, 2015), FIOS1 (FIOS1, Money & Main$treet, January 29,
2015), ABC (ABC World News Now, Sweet Dreams High-Tech Bedding, October 23,
2014), and The Daily (The Daily news app, Sleeping on a Fortune, December 11, 2012).
15.
Bedgear has also been selected as the specialty bedding partner of a number of
nationally-recognized professional sports teams, including the New York Mets, the Detroit
Tigers, the San Diego Padres, the Denver Broncos, and the New York Islanders.
16.
One area in which Bedgear has devoted considerable resources and effort is in
creating and developing pillows and pillow covers. Bedgears founder, Eugene Alletto, came up
with the idea of performance pillows and invented ground-breaking solutions that substantially
improve an individuals sleep environment and sleep quality through novel pillow designs and
innovative fabrics and materials.
17.
Bedgear was the first to develop and introduce a line of performance pillows that
utilize and implement these significant innovations. Among other things, Bedgears inventive
performance pillows provide improved head and neck support for different types of sleepers,
enhance ventilation and air flow through the pillows, and provide a cooling and wicking effect
during use.
18.
Bedgear has protected various aspects of its inventive solutions and cutting-edge
technologies with a range of intellectual property rights. In particular, as a result of its

significant innovations, Bedgear has been granted a number of patents by the U.S. Patent and
Trademark Office (the Patent Office), which protect various aspects of its novel performance
pillows.
19.
Among the patents that Bedgear has been awarded is U.S. Patent No. 8,646,134
(the 134 Patent), entitled Pillow with Gusset of Open Cell Construction. The 134 Patent
was filed on June 22, 2012 and issued on February 11, 2014.
20.
Bedgear is the owner by assignment of the 134 Patent, with ownership of all
substantial rights in the 134 Patent, including the right to exclude others and to sue and recover
damages for the past and future infringement thereof. A true and correct copy of the 134 Patent
is attached hereto as Exhibit A.
21.
The claims of the 134 Patent are directed to, inter alia, new and improved
pillows that support the head and/or neck of a person. For example, certain of these novel
pillows include a cover having two opposing panels, a gusset that perimetrically bounds and
joins the two panels and is formed of an open cell construction, and a compliant fill material that
is disposed within the cover.
22.
Bedgears patents on this technology also include U.S. Patent No. 8,887,332 (the
332 Patent), entitled Pillow with Gusset of Open Cell Construction. The 332 Patent was
filed on December 16, 2013 and issued on November 18, 2014.
23.
is attached hereto as Exhibit B.
24.
pillows include two panels that both include an edge defining a perimeter, and a gusset that joins
the two panels, which includes a material having greater porosity than a porous material that is
included in the two panels.
25.
Bedgears patents on this technology also include U.S. Patent No. 9,015,883 (the
883 Patent and, together with the 134 and 332 Patents, the Asserted Utility Patents),
entitled Pillow with Gusset of Open Cell Construction. The 883 Patent was filed on July 10,
2014 and issued on April 28, 2015.
26.
is attached hereto as Exhibit C.
27.
pillows include two panels both of which include an edge defining a perimeter, a gusset that
joins the two panels, and an inner cavity that is defined by the inner surfaces of the two panels
and the gusset. In certain embodiments, the pillow is configured to have air enter the cavity
through pores in the two panels and exit the cavity through pores in the gusset.
28.
Bedgears innovative pillow solutions and designs are also protected by a number
of design patents issued by the Patent Office, including, but not limited to, U.S. Design Patent
No. D672,183 (the 183 Patent or Asserted Design Patent), entitled Pillow with Mesh
Gusset. The 183 patent was filed on December 29, 2011, and issued on December 11, 2012.
29.
is attached hereto as Exhibit D.
30.
The claim of the 883 Patent is directed to a new and improved ornamental design
for a pillow that includes a mesh gusset, as shown in the patent figures.
31.
The Patent Office examined the Asserted Utility Patents and the Asserted Design
Patent over a period of several years. After this thorough examination, the Patent Office found
that the inventions described and claimed in the Asserted Utility Patents and the Asserted Design
Patent are both new and not obvious in light of prior patents, publications, and other references.
32.
Bedgear filed its initial patent application on this technology on June 22, 2011,
and the first of the Asserted Utility Patents, the 134 Patent, issued on February 11, 2014. The
applications that issued as the 332 and 883 Patents, were published, and available to the public,
on April 10, 2014 and October 30, 2014, respectively.
33.
Bedgear began selling performance pillow and pillow cover products that utilize
its patented technology and designs in 2011.

34.
As a result of its proprietary technology and products, Bedgear has become
known as the leader in performance pillows and other performance bedding products. Bedgears
innovative performance pillows have received considerable media attention and industry
recognition, and have achieved significant commercial success.
Comfort Revolutions Infringing Activities
35.
On information and belief, Defendant Comfort Revolution is a furniture and
bedding company, which manufactures, imports, sells, offers for sale, and/or distributes, a range
of bed products, including mattress frames, mattresses, toppers, pads, pillows, and pillow covers.
36.
On information and belief, Comfort Revolution has sold and continues to sell a
number of pillow and/or pillow cover products having a mesh gusset, including, but not limited
to, a Hydraluxe AirTM Cooling Fiber Pillow, a LuxLiving Talalay Latex Pillow, and a LuxLiving
Memory Foam Lux Gel Pillow, that are described as being designed to increase airflow and
ventilation and improved cooling effects
37.
On information and belief, Comfort Revolutions LuxLiving Talalay Latex Pillow
and LuxLiving Memory Foam Lux Gel Pillow products have been, and continue to be,
distributed, offered for sale, and/or sold exclusively by a third party, MattressFirm Inc., under its
private-label LuxLiving brand. See http://www.mattressfirm.com/lux-living-only-at-mattressfirm.aspx.

38.
On information and belief, Comfort Revolutions pillow and/or pillow cover
products, including, but not limited to, its Hydraluxe AirTM Cooling Fiber Pillow, infringe
Bedgears Asserted Utility Patents and Asserted Design Patent. Comfort Revolutions
Hydraluxe AirTM Cooling Fiber Pillow, and any equivalent products manufactured, distributed,
offered for sale or sold under different names by, or on behalf of, Comfort Revolution are
referred to herein as the Accused Products.
39.
On information and belief, the Accused Products include, among other things,
pillows having a cover with two or more panels that are joined together by a gusset and an inner
cavity that includes a fill material. On information and belief, certain of these Accused Products
include a gusset that perimetrically bounds two panels, is made of a material with greater
porosity than the panels, and/or has an open cell construction. On information and belief, certain
of these Accused Products are configured to allow air to flow into a cavity through pores in the
panels and out of the cavity through pores in the gusset.
40.
By way of example, Comfort Revolutions so-called Hydraluxe AirTM Cooling
Fiber Pillow is shown below (with annotations to highlight certain elements):

Top Panel
Bottom Panel
Mesh Gusset
41.
The pillow had two panels, a top panel and a bottom panel, both made from the
same type of material, and a mesh gusset positioned between the two panels that surrounds the
entire pillow and is made from a different type of material.
42.
According to the informational insert and product packaging materials provided
by Comfort Revolution with its Hydraluxe Air pillow (examples of which are shown below), the
pillow is designed to improve ventilation, airflow, and cooling effects:
Pages 4-5 from the informational insert included with the Hydraluxe AirTM product.
10
Side view of the Hydraluxe AirTM product packaging.

43.
According to these materials, the Hydraluxe AirTM pillow includes a ventilated
cover, in the form of a specially engineered cover [that] uses a mesh gusset to release internal
heat build up, and a composition [that] is designed to maximize airflow, which enhances the
cooling effect.
44.
On information and belief, Comfort Revolutions Hydraluxe AirTM Cooling Fiber
Pillow product includes, among other things, a cover that has two opposing panels (e.g., top and
bottom panels) both with edges that define a perimeter, a gusset that joins and/or perimetrically
bounds the two panels and is formed of an open cell construction and a base material, and an
inner cavity defined by inner surfaces of the two panels and the gusset that includes a fill
material.
11
45.
On information and belief, the gusset in the Hydraluxe AirTM Cooling Fiber
Pillow is made of a material that has a greater porosity than the material of the two opposing
panels.
46.
On information and belief, the Hydraluxe AirTM Cooling Fiber Pillow product
enables air to enter the inner cavity through pores in the two opposing panels and exit the inner
cavity through pores in the gusset.
47.
Comfort Revolution has not sought permission to use Bedgears patented
inventions and is not licensed under any of the Asserted Utility Patents or the Asserted Design
Patent. As a result, Comfort Revolution has infringed and continues to infringe Bedgears
patents by making, using, selling, offering for sale or importing its Accused Products and/or
having its Accused Products made, sold, offered for sale, distributed, or imported on its behalf by
third parties, such as manufacturers, resellers and distributors.
48.
Although Bedgear is entitled by law to keep the Accused Products out of the
marketplace and to prevent the entry of lower quality infringing goods from irreparably eroding
the marketplace, and Bedgear is prepared to fully pursue legal relief to abate such harm, prior to
filing this lawsuit Bedgear attempted in good faith to work cooperatively with Comfort
Revolution to determine if a business solution would be possible.
49.
On October 23, 2015, Bedgear sent a letter to Comfort Revolution (the October
23rd Letter), which notified Comfort Revolution of certain intellectual property rights owned by
Bedgear, including the Asserted Utility Patents and the Asserted Design Patent, and explained
that Comfort Revolutions Accused Products were infringing Bedgears intellectual property.
50.
In response, Comfort Revolution sent two letters, dated October 26, 2015 and
November 9, 2015, in which it asserted that its products do not infringe the Asserted Utility
12
Patents or the Asserted Design Patent because of certain alleged distinctions. On information
and belief, these alleged distinctions are inaccurate and/or irrelevant.
51.
On information and belief, since receiving the October 23rd Letter, Comfort
Revolution has continued to manufacture, market, distribute, offer, and/or sell the Accused
Products.
52.
On information and belief, Comfort Revolution has been aware of Bedgears
performance pillow products and patents and chose to disregard and knowingly infringe
Bedgears intellectual property rights. At least since its receipt of the October 23rd Letter,
Comfort Revolution has been fully aware of Bedgears rights in the Asserted Utility Patents and
the Asserted Design Patent and has continued to act despite an objectively high likelihood that its
actions constitute infringement of the Asserted Utility Patents and the Asserted Design Patent
and knew or should of known of that objectively high risk.
53.
Bedgear is forced to file this lawsuit to protect its patented technology and
innovations and seek redress for Comfort Revolutions ongoing, willful infringement.
Comfort Revolutions Infringement Irreparably Harms Bedgear
54.
Bedgear is harmed by Comfort Revolutions use of Bedgears patented
technologies in a way that cannot be remedied by monetary damages alone. Comfort Revolution
has received substantial revenue and increased market share by selling and distributing (and
having others sell and distribute) products that practice the technology and/or design described in
the 134, 332, 883, and 183 Patents and without having to incur the costs of developing or
licensing this technology.
55.
On information and belief, Comfort Revolutions infringement has caused
Bedgear to suffer irreparable harm due to, among other things, lost business opportunities, lost
13
market share, and price erosion. Even if Comfort Revolution were to subsequently pay past due
royalties, lost profits, or other damages, there is no reason to believe that Comfort Revolution
would stop infringing, and it would still enjoy the market share it has developed while infringing
upon, the 134, 332, 883, and 183 Patents. Due to the difficulty in predicting whether, if at all,
Bedgear can recover this market share, Bedgears harm cannot be compensated by payment of
monetary damages alone.
COUNT I
(Infringement of U.S. Patent No. 8,646,134)
56.
Bedgear incorporates by reference and realleges the averments set forth in the
preceding paragraphs.
57.
On February 11, 2014, the Patent Office duly and legally issued the 134 Patent.
Bedgear is the owner, by assignment, of all right, title, and interest in and to the 134 Patent,
including the right to recover damages for past and future infringement.
58.
Comfort Revolution has infringed and continues to infringe the 134 Patent in this
District and throughout the United States in violation of 35 U.S.C. 271 by making, using,
selling, offering for sale, importing and/or causing others to make, use, sell, offer for sale and/or
import, one or more of the Accused Products that practice one or more claims of the 134 Patent.
59.
For example, Comfort Revolution has infringed and continues to infringe the 134
Patent by making, using, selling, offering for sale, and/or importing its Hydraluxe AirTM Cooling
Fiber Pillow product that includes each and every feature recited in at least claims 11, 12, 13, and
15 of the 134 Patent.
60.
As a direct and proximate result of Comfort Revolutions infringement of the 134
Patent, Bedgear has suffered and continues to suffer damage. Bedgear is entitled to recover
14
damages from Comfort Revolution to compensate for such infringement, in an amount to be

determined at trial.
61.
By receipt of the October 23rd Letter, at least, Comfort Revolutions ongoing acts
of infringement of the 134 Patent have been committed and are being committed with full
knowledge of Bedgears rights in the 134 Patent, and Comfort Revolution has acted and is
continuing to act despite an objectively high likelihood that its actions constitute infringement of
the 134 Patent and Comfort Revolution knew or should of known of that objectively high risk.
At least since receiving the October 23rd Letter, Comfort Revolutions acts constitute willful and
deliberate infringement.
62.
To the extent that facts uncovered during discovery show that Comfort
Revolutions past infringement of the 134 Patent has been willful, Bedgear reserves the right to
seek enhanced damages under 35 U.S.C. 284, as well as reasonable attorneys fees and costs.
63.
The acts of infringement by Comfort Revolution identified herein have caused
and will continue to cause irreparable injury to Bedgear, for which it has no adequate remedy at
law, unless and until Comfort Revolution is enjoined from further infringement by this Court in
accordance with 35 U.S.C. 283. Considering the competitive relationship and balance of the
hardships between the parties, a remedy in equity, such as a permanent injunction is warranted
and would be in the public interest.
COUNT II
64.
15
65.
On November 18, 2014, the Patent Office duly and legally issued the 332 Patent.
66.
67.
Fiber Pillow product, that includes each and every feature recited in at least claims 1, 6-9, 16, 22,
29, 31, and 34 of the 332 Patent.
68.
69.
16
70.
71.
COUNT III
72.
73.
On April 28, 2015, the Patent Office duly and legally issued the 883 Patent.
74.
75.
Fiber Pillow product, that includes each and every feature recited in at least claims 1-10 and 14
of the 883 Patent.
17
76.
77.
78.
79.
COUNT IV
(Infringement of U.S. Design Patent No. D672,183)
80.
18
81.
On December 11, 2012, the Patent Office duly and legally issued the 183 Patent.
82.
import, one or more Accused Products, including, but not limited to, its Hydraluxe AirTM
Cooling Fiber Pillow product, that are substantially similar to claimed design of the 183 Patent.
83.
84.
85.
19
86.
accordance with 35 U.S.C. 283. By way of example, Comfort Revolutions acts have
damaged, and will continue to damage, Bedgears business and reputation. On information and
belief, Comfort Revolution is a competitor and its acts of infringement were intended to exploit
Bedgears reputation and goodwill in the marketplace. Considering the competitive relationship
and balance of the hardships between the parties, a remedy in equity, such as a permanent
injunction is warranted and would be in the public interest.
PRAYER FOR RELIEF
Wherefore, Bedgear respectfully requests that this Court enter judgment and provide
relief as follows:
A.
That Comfort Revolution has infringed, and continues to infringe, the 134, 332,
883, and 183 Patents;

B.
That Comfort Revolution, and its officers, directors, agents, servants, affiliates,
employees, divisions, branches, subsidiaries, parents and all others acting in active concert or
privity therewith, either directly or indirectly, be permanently enjoined from any further direct,
indirect and/or joint infringement of the 134, 332, 883, and 183 Patents pursuant to 35 U.S.C.
283;
C.
That Comfort Revolution be ordered to account for and pay to Bedgear the
damages resulting from Comfort Revolutions infringement of the Asserted Utility Patents and
the Asserted Design Patent, including lost profits, costs and expenses, together with prejudgment and post-judgment interest thereon, and all other damages permitted pursuant to 35
20
U.S.C. 284, including enhanced damages up to three times the amount of damages found or
measured and costs, and in any event an amount no less than a reasonable royalty;
D.
That Comfort Revolution be ordered to account for and pay to Bedgear all profits
resulting from Comfort Revolutions sale of any and all products that infringe the Asserted
Design Patent pursuant to 35 U.S.C. 289, and all other damages permitted pursuant to 35
U.S.C. 284, including enhanced damages up to three times the amount of damages found or
measured and costs;
E.
That Comfort Revolution be ordered to account for any infringing sales not
presented at trial and an award by the Court of additional damages to Bedgear for any such
infringing sales;
F.
That this case be adjudged to be an exceptional case pursuant to 35 U.S.C. 285
and awarding Bedgear its reasonable attorneys fees and costs incurred in connection with this
action; and
G.
That Bedgear be awarded any and all further legal and equitable relief that the
Court may deem just and proper under the circumstances.
21
DEMAND FOR JURY TRIAL

Bedgear hereby respectfully requests a trial by jury on all issues in this action so triable
by right pursuant to Rule 38 of the Federal Rules of Civil Procedure.
Dated: December 14, 2015
Respectfully submitted,
BRYAN CAVE LLP
By:
/s/ Joseph J. Richetti

Joseph J. Richetti
Erik Wolff Kahn
1290 Avenue of the Americas
New York, New York 10104
Tel: (212) 541-2000
Fax: (212) 541-4630
joe.richetti@bryancave.com
erik.kahn@bryancave.com
Attorneys for Plaintiff Bedgear, LLC
22
JS 44 (Rev. 1/2013)
Case 1:15-cv-07121 Document 1-1 Filed 12/14/15 Page 1 of 2 PageID #: 23
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
BEDGEAR, LLC
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
Nassau
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:
Attorneys (If Known)
(c) Attorneys (Firm Name, Address, and Telephone Number)
Joseph J. Richetti, Erik Wolff Kahn, BRYAN CAVE LLP

1290 Avenue of the Americas, New York, NY 10104
tel: (212) 541-2000; fax: (212) 541-4630
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)
n/a
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IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
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PTF
Citizen of This State
1
DEF
1
Citizen of Another State
Incorporated and Principal Place

of Business In Another State
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Foreign Nation
and One Box for Defendant)

DEF
PTF
Incorporated or Principal Place
4
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CONTRACT
TORTS
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130 Miller Act
140 Negotiable Instrument
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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
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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
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555 Prison Condition
560 Civil Detainee Conditions of
Confinement
625 Drug Related Seizure

of Property 21 USC 881
690 Other
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OTHER STATUTES
422 Appeal 28 USC 158

423 Withdrawal
28 USC 157
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820 Copyrights
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710 Fair Labor Standards
Act
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Relations
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Leave Act
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Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
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864 SSID Title XVI
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FEDERAL TAX SUITS

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

400 State Reapportionment
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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. 1 et seq.
VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement; Injunction

CHECK YES only if demanded in complaint:
Yes
No
JURY DEMAND:
DEMAND $
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
Kiyo A. Matsumoto
JUDGE
DATE
DOCKET NUMBER
2:15-cv-06759
SIGNATURE OF ATTORNEY OF RECORD
12/14/2015
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE

CERTIFICATION OF ARBITRATION ELIGIBILITY
Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.
Joseph J. Richetti
BEDGEAR, LLC
I, ______________________,
counsel for __________________,
do hereby certify that the above captioned civil action is
ineligible for compulsory arbitration for the following reason(s):
monetary damages sought are in excess of $150,000, exclusive of interest and costs,
the complaint seeks injunctive relief,
the matter is otherwise ineligible for the following reason
DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1
Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:
n/a
RELATED CASE STATEMENT (Section VIII on the Front of this Form)
Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)
provides that A civil case is related to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or
because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the
same judge and magistrate judge. Rule 50.3.1 (b) provides that A civil case shall not be deemed related to another civil case merely because the civil
case: (A) involves identical legal issues, or (B) involves the same parties. Rule 50.3.1 (c) further provides that Presumptively, and subject to the power
of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be related unless both cases are still pending before the
court.
NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)

1.)
Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
No
County:_________________________
2.)
If you answered no above:

a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
Yes
County?_________________________
b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
Yes
District?_________________________
If your answer to question 2 (b) is No, does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau
or Suffolk County?______________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.
Yes
No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes
(If yes, please explain)
No
I certify the accuracy of all information provided above.

Signature:____________________________________________

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Eastern District
of of
New
York
__________
District
__________
BEDGEAR, LLC
Plaintiff(s)
v.

Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No. 1:15-cv-07121
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Michael Fux
Chief Executive Officer

Comfort Revolution
187 Route 36, Suite 205
West Long Branch, NJ 07764
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Joseph J. Richetti
Erik Wolf Kahn
BRYAN CAVE LLP
1290 Avenue of the Americas
New York, NY 10104
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
DOUGLAS C. PALMER
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 1:15-cv-07121

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
I personally served the summons on the individual at (place)

on (date)
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
I returned the summons unexecuted because
; or
Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
0.00
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
Print
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EXHIBIT A
1 1 1 1 1 1 1 101 1 1 1 1 #1 1 !1161i]!1 1 1 1 1 1 1 1 1 1 1 01 1 1
(12)
United States Patent
(10) Patent No.:

US 8,646,134 B1
(45) Date of Patent:
Feb. 11, 2014
Alletto, Jr.
(54)
PILLOW WITH GUSSET OF OPEN CELL

CONSTRUCTION
(75)
Inventor: Eugene Alletto, Jr., Glen Head, NY

(US)
(73)
Assignee: Bedgear, LLC, Farmingdale, NY (US)
* ) Notice:
Subject to any disclaimer, the term of this

patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days.
Appl. No.: 13/531,122
(22)
Filed:
(60)
Provisional application No. 61/499,907, filed on Jun.

22, 2011.
(51)
Int. Cl.
A47G 9/10
(2006.01)
U.S. Cl.
USPC
5/636; 5/490; 5/652.1; 5/724; 5/645
Field of Classification Search
USPC
5/636, 638, 645, 490, 724, 652.1
See application file for complete search history.
Jun. 22, 2012

Related U.S. Application Data
(58)
References Cited
U.S. PATENT DOCUMENTS
1,212,515 A *
1,876,591 A *
4,665,575 A *
5,642,543 A *
6,701,555 B1 *
6,760,935 B1 *
1/1917
9/1932
5/1987
7/1997
3/2004
7/2004
Leavitt
Bawden
Raught
Huntley
Ermini
Burton et al.
5/636
5/490
5/722
5/640
5/644
5/645
* cited by examiner
Primary Examiner Michael Trettel
(74) Attorney, Agent, or Firm Sorell, Lenna & Schmidt,
LLP
(21)
(52)
(56)
(57)
ABSTRACT
A pillow is provided herein which includes a cover having

opposing first and second panels. A gusset perimetrically
bounds, and joins, the first and second panels. The gusset is
formed of an open cell construction. Compliant fill material is
disposed within the cover. Advantageously, with the subject
invention, a pillow is provided allowing for lateral ventilation
between opposing panels. This permits a cooling effect while
a user is resting or sleeping.
24 Claims, 4 Drawing Sheets
10
10
kr-
U.S. Patent
Feb. 11, 2014
Sheet 1 of 4
US 8,646,134 B1
I0
FIG, I
U.S. Patent
Feb. 11, 2014
US 8,646,134 B1
Sheet 2 of 4
I0
44
FIG. 2
U.S. Patent
Feb. 11, 2014
Sheet 3 of 4
FI4*
US 8,646,134 B1
U.S. Patent
Feb. 11, 2014
US 8,646,134 B1
Sheet 4 of 4
FIG.
.T
6.
Vet
ede
ee,
ale
3."
FIG.
Me
00
eV
to
0.
40

US 8,646,134 B1

CONSTRUCTION
The gusset 20 preferably is generally flat. In addition, it is

preferred that the gusset 20 have sufficient width to separate
the first panel 16 from the second panel 18 so as to define an
air flow channel therethrough. This, thus, allows for an open
cell construction band to be defined about the pillow 10
between the first and second panels 16, 18. With pressure
and/or heat applied to one or both of the first and second
panels 16, 18, the gusset 20 provides venting therethrough of
the interior of the cover 12. The venting may enhance the
comfort of a user. With the first and second panels 16, 18
preferably defining each a generally rectangular footprint
common with the gusset 20, the gusset 20 is provided as four
contiguous portions, including two longer longitudinal portions 22 joined by two shorter end portions 24.
The open cell construction of the gusset 20 may be defined
by various constructions. With reference to FIG. 3, the gusset
20 may be defined by a plurality of interlaced or spaced-apart
strands 26 arranged randomly or in various patterns, such as
a "x" pattern (FIG. 1) or a rectangular pattern (FIG. 3). The
strands 26 may be of various materials, including, e.g., polyester, and may be elastic or inelastic. The strands 26 are
arranged so that open cells 28 are defined therebetween. The
strands 26 may be connected at points of intersection (e.g., by
fusion, stitching, being tied, by a fastener, and so forth) or
may be not connected so as to permit free movement between
contacting strands 26. If connected, it is preferred that the
strands 26 be formed of elastic material. In addition, the
strands 26 may be disposed in multiple layers so as to define
a three-dimensional structure in a direction towards the interior of the pillow 10.
With reference to FIG. 4, the gusset 20 may be formed of a
base material 30, which is preferably a textile, such as a
polyester textile. Apertures 32 may be defined in the base
material 30 with the apertures 32 defining the open cells of the
gusset 20. The apertures 32 are larger in size than any pores
that may be inherently defined in the base material 30. The
apertures 32 may be formed during manufacture of the base
material 32 or formed after manufacture, such as by cutting,
or material removal from, the base material 30. The apertures
32 may be unfinished or finished, such as with trim or stitching. The base material 30 may be single or multi-ply.
As a further variation, and with reference to FIG. 5, the
gusset 20 may be formed with the base material 30 being
inherently significantly porous. Preferably, the base material
30 is formed of 3D spacer fabric, which is inherently highly
porous. More preferably, the base material 30 is formed of
polyester 3D spacer fabric. The pores of the base material 30
may be formed with irregular or regular shapes, such as
circle-like or polygon-like shapes (e.g., diamond-like
shapes). The porosity of the base material 30 may be substantially greater than the porosity of the material forming the first
panel 16 and/or substantially greater than the porosity of the
material forming the second panel 18. "Substantially greater"
refers to being at least greater than, but preferably being at
least twice greater than. The base material 30 may be single or
multi-ply. If multi-ply, the collective porosity of the base
material 30, through all layers, is considered as being substantially greater than the porosity of the material of either the
first panel 16 or the second panel 18.
The gusset 20 may include one or more of the open cell
configurations described above in connection with FIGS. 3-5
singularly or in any combination.
The gusset 20 may be joined to the first and second panels
16, 18 using any conventional technique, including being
sewn together. To provide the pillow 10 with a robust construction, it is preferred that piping 34, or other reinforcing
CROSS-REFERENCE TO RELATED
APPLICATION
This application claims priority to U.S. Provisional Patent

Application No. 61/499,907, filed Jun. 22, 2011, the entire
contents of which are incorporated by reference herein.
10
BACKGROUND OF THE INVENTION

1. Field of the Invention
The present invention relates to upper neck and head support in the form of a pillow for the human body.
2. Description of the Related Art
The use of a pillow made typically of a fabric cover stuffed
with a compliant soft material is known in the prior art.
Conventional pillows generally provide a soft cushion on
which to place the head of an infant, child, or adult while
resting or sleeping, either in bed, or on upholstered furniture
in which case the pillows typically have a permanent fabric
cover. Additionally, positional specific pillows have been
heretofore devised and utilized for the purpose of supporting
the head and neck of people.
15
20
25
SUMMARY OF THE INVENTION

An "open cell construction" as used herein refers to a
construction having overall porosity greater than the inherent
porosity of the constituent material or inherently having high
porosity.
These and other features of the invention will be better
understood through a study of the following detailed description and accompanying drawings.
BRIEF DESCRIPTION OF THE DRAWINGS
FIG. 1 is a perspective view of a pillow formed in accordance with the subject invention;
FIG. 2 is a partial cut-away view of the pillow of FIG. 1;
FIGS. 3-5 depict different open cell constructions useable
with the subject invention;
FIG. 6 is a perspective view of a pillow formed in accordance with the subject invention have a cover with separable
portions; and,
FIG. 7 is a perspective view of a foam layer useable with
the subject invention.
30
35
40
45
50
55
DETAILED DESCRIPTION OF THE INVENTION

With reference to the Figures, a pillow 10 is provided
having generally a cover 12 with compliant fill material 14
disposed therein. The cover 12 includes opposing first and
second panels 16, 18 and a gusset 20 which perimetrically
bounds, and joins, the first and second panels 16, 18, the
gusset 20 being formed of an open cell construction. The first
and second panels 16, 18 are sized and shaped to accept a
user's head to provide support therefor.
60
65

US 8,646,134 B1
3
material and/or stitching, be provided at the points of connecThe first and second panels 16, 18 each preferably include
tion between the gusset 20 and each of the first and second
bottom edges 44, each extending along the bottom of one of
panels 16, 18.
the areas 42, and end edges 46. The bottom edges 44 extend
One or more labels 36 may be provided with the pillow 10
between the end edges 46 so as to define a generally rectanto indicate the intended use of the pillow 10, and/or to provide 5 gular profile. The gusset 20 is preferably attached to the first
additional or explanatory information regarding the pillow
and second panels 16, 18 along the rectangular profiles of the
10. For example, with reference to FIG. 1, the label 36 may be
bottom edges 44/end edges 46 of the first and second panels
in the form of banner 36A which may be a strip of textile, e.g.,
16, 18.
satin, having indicia 38 thereon, e.g. by embroidery, with the
The present invention provides the correct alignment to
banner 36A being secured to a portion of the pillow 10. io head and neck area for the specific position of the user (back,
Preferably, the banner 36A with the indicia 38 thereon is
stomach or side) while at the same time creating an environlocated over a portion of the gusset 20. The banner 36A is
ment of cooling and airflow, which allows the sleeper to
preferably attached along one of its faces so as to have one
maintain their body temperature, and spine alignment, which
face 37 exposed with the indicia 38 thereon. This allows for
encourages a normal sleep cycle.
easy visual recognition of information related to the pillow 15
To enhance the cooling effect, it is preferred that an inner
10, such as an intended purpose of the pillow, even with a
cover 48 be provided, located inside the cover 12, in which the
plurality of the pillows 10 being stacked. The label 36 may be
fill material 14 is disposed. Preferably, the inner cover 48 is
also in the form of tag 36B which may be in the form of one
relatively resistant to air flow therethrough, such as being
or more individual pieces of sheet material (e.g., paper and/or
formed by one or more layers of non-woven material (e.g.,
textile) which is affixed to the pillow 10 in any known tech- 20 100% polyester). The inner cover 48 may be formed of spannique, such as by sewing, gluing, mechanically fastening, and
dex or a spandex blend, such as polyester/spandex; although
so forth. The tag 36B may include printed, or otherwise
less resistance to air flow therethrough is provided by spandex
provided thereon, information, such as care and/or allergy
or a spandex blend as compared to non-woven material, the
information. The tag 36B may be secured at a seam in the
spandex or spandex blend provides greater elasticity than the
cover 12, such as along the connection between one of the first 25 non-woven material which may provide greater comfort to a
and second panels 16, 18 and the gusset 20. The tag 36B is
user. The inner cover 48 acts as a barrier against air flow into
preferably attached along one of its edges so as to have both
the fill material 14. With the gusset 20 being of open cell
faces viewable.
construction, air exchange about the inner cover 48 is permitThe indicia 38, without the banner 36A, may be directly
ted. This allows for heat dissipation and minimal heat collecaffixed to the pillow 10, such as by embroidery, printing or 30 tion within the pillow 10. In addition, because the inner cover
other marking. For example, the indicia 38 may be directly
48 acts as an air barrier during use, heat transfer by air flow
affixed to the gusset 20, such as by embroidery. With direct
into the fill material 14 may be reduced.
application of the indicia 38 to the gusset 20, the ability to
The first panel 14 and/or the second panel 18 may be
pass air through the gusset 20 is minimally impacted.
formed of various materials particularly various textiles. PrefDifferent fill materials 14 are possible for the pillow 10. 35 erably, the first panel 14 and/or the second pane118 is formed
The fill material may be blends of hypoallergenic polyester
of a moisture-wicking fabric, such as 100% polyester fabric,
fibers to achieve different levels of support versus softness as
rayon, nylon, or spandex-blend fabric for increased perfordescribed above. For example, with the pillow 10 being
mance and stretch-ability, which allows for moisture disperintended for a stomach sleeping position, the pillow 10 may
sion and, thus, heat management to cool the head and body. A
be provided with a fill of microfiber, with the pillow 10 being 40 cooling material, such as a gel, may be applied interiorly to
intended for a back sleeping position, the pillow 10 may be
the front panel 14 and/or the second panel 18. The cooling
provided with a fill of a blend of conjugate and hollow slick
material may be silicon or polyether gel formed into layers
fiber, and, with the pillow 10 being intended for a side sleepand applied shapes, as well as, formed ceramics, neoprene
ing position, the pillow 10 may be provided with a fill of
and other material technology as developed and available for
cluster/ball fiber. As will be appreciated by those skilled in the 45 use to perform heat transfer and temperature regulation funcart, other fills are possible. Various down, memory foam
tion. Depending on the nature and stability of the cooling
(solid layer(s) and/or clusters) and/or latex (solid layer(s)
material, the cooling material may be applied internally and/
and/or springs), in varying combinations, may be utilized
or externally to the front panel 14 and/or the second panel 18.
with the pillow 10 herein. The indicia 38 may be provided to
In an alternative embodiment, the first panel 14 and/or the
indicate the intended sleep position of the pillow 10 based on so second panel 18 may be partially or wholly formed with open
the fill material therein.
cell construction. Any of the open cell constructions disThe pillow 10 may be of various configurations. In a precussed above may be utilized. The first panel 14, the second
ferred embodiment, the pillow 10 is provided with increased
panel 18 and/or the gusset 20 may use the same or different
height at central portions, as shown in FIGS. 1 and 2. The fill
open cell configurations in various combinations. The first
material 14 is configured to provide the desired shape. More 55 panel 14, the second panel 18 and/or the gusset 20 may be
preferably, the first and second panels 16, 18 may be arcuately
provided with different visual appearances (e.g., different
bowed-out in opposing directions (e.g., being convexly arccolors, patterns, etc.) in various combinations.
shaped in opposing directions). Preferably, top edges 40 of
To allow for washing of the cover 12, the cover 12 may be
the first and second panels 16, 18 are generally straight and
formed by at least two partially or wholly separable portions
parallel as viewed in a direction perpendicular to the first and 60 12A, 12B, as shown in FIG. 6. By separating the separable
second panels 16, 18. The top edges 40 may be parallel to the
portions 12A, 12B, the cover 12 may be removed from the fill
longitudinal portions 22 of the gusset 20. An area 42 may be
material 14, and the inner cover 48, if used. Preferably, the
defined between and be bounded by the top edge 40 and the
cover 12 is separated along at least one of the longitudinal
longitudinal portion 22 on opposing sides of each of the first
portions 22 of the gusset 20 and possibly along portions of
and second panels 16, 18. The areas 42 are preferably flat and 65 one or both of the end portions 24 and/or along the other of the
coplanar with the corresponding top edge 40 and longitudinal
longitudinal portions 22. One or more fasteners 50 may be
portion 22.
provided to selectively join the separable portions 12A, 12B.

US 8,646,134 B1
5
The fastener(s) 50 is preferably a zipper, but may also include
buttons, snaps, hook-and-pile fasteners, and so forth.
With the inner cover 48 being used, it is preferred that all of
the fill material 14 be located therein. In an alternative
embodiment, as shown in FIG. 6, a portion of the fill material
14 may be located outside of the inner cover 48 within the
cover 12. If a portion of the fill material 14 is located outside
of the inner cover 48, it is preferred that the fill material 14
include one or more solid foam layers 52 located between the
cover 12 and the inner cover 48. In a preferred arrangement,
the same number of similarly configured (shape, material)
solid foam layers 52 are located on both sides of the inner
cover 48. As shown in FIG. 7, the solid foam layers 52 may be
shaped to impart overall shape to the pillow 10. Preferably,
the solid foam layers 52 have an arcuate profile to impart an
outwardly-bowed shape to the first and second panels 16, 18.
What is claimed is:
1. A pillow comprising:
a cover having opposing first and second panels, and a
gusset perimetrically bounding, and joining, said first
and second panels, said gusset being formed of an open
cell construction, said open cell construction is formed
by interlaced or spaced-apart strands; and,
compliant fill material disposed within said cover.
2. The pillow of claim 1, wherein said first and second
panels each define a generally rectangular footprint common
with said gusset.
3. A pillow as in claim 1, wherein said first and second
panels are arcuately bowed out in opposing directions.
4. A pillow as in claim 1, wherein said first panel is formed
with a moisture dispersing material.
5. A pillow as in claim 1, wherein said cover is formed by
at least two partially or wholly separable portions, with said
separable portions being selectively joinable by a fastening
means.
6.A pillow as in claim 1, further comprising an inner cover
disposed inside of said cover, at least a portion of said compliant fill material being disposed within said inner cover.
7. A pillow as in claim 6, wherein said compliant fill material includes first and second solid foam layers located on
opposing sides of said inner cover within said cover.
8. A pillow as in claim 1, further comprising an inner cover
disposed inside of said cover, said compliant fill material
being disposed within said inner cover.
9.A pillow as in claim 8, wherein said inner cover is formed
of one or more layers of nonwoven material.
10. A pillow as in claim 1, wherein the compliant fill
material includes gel.
cell construction and a base material, and said open cell
construction is formed by apertures defined in said base
6
material, said apertures being larger than any pores
inherently defined in said base material; and
12. A pillow as in claim 11, wherein said first and second
5 panels each define a generally rectangular footprint common
with said gusset.
13. A pillow as in claim 11, further comprising an inner
cover disposed inside of said cover, at least a portion of said
compliant fill material being disposed within said inner cover.
14. A pillow as in claim 13, wherein said compliant fill
0
material includes first and second solid foam layers located
on opposing sides of said inner cover within said cover.
15. A pillow as in claim 13, wherein said inner cover is
formed by one or more layers of a material selected from the
group consisting of a non-woven, knit, woven materials and
15 combinations thereof such that said inner cover is relatively
resistant to air flow therethrough.
20
cell construction and a base material, and said open cell
construction is formed by porosity of said base material
25
being substantially greater than porosity of material
forming said first panel and substantially greater than
porosity of material forming said second panel; and
30 cover disposed inside of said cover, at least a portion of said
19. A pillow as in claim 13, wherein said compliant fill
material includes first and second solid foam layers located
on opposing sides of said inner cover within said cover.
35
20. A pillow as in claim 13, wherein said inner cover is
formed by one or more layers of material selected from the
group selected from knit, woven, non-woven materials and
combinations thereof such that said inner cover is relatively
resistant to air flow therethrough.
40
45
cell construction, said gusset including 3D spacer material; and
50 cover disposed inside of said cover, at least a portion of said
EXHIBIT B
1 1 1 1 1 1 1 1 1 1 1 1 141 1 1j1g1 1 !1 1 1 1 1 1 1 1 1 1 1 1 1
(12)
United States Patent

Alletto
(54)

CONSTRUCTION
(71)
Applicant: Bedgear, LLC, Farmingdale, NY (US)
(72)
Inventor:
(73)
Assignee: Bedgear, Inc., Farmingdale, NY (US)
* ) Notice:
(10) Patent No.:

US 8,887,332 B2
Nov. 18, 2014
(56)

1,212,515 A
1,876,591 A
2,128,978 A
2,566,790 A
2,765,480 A
2,784,420 A
2,927,331 A
3,103,669 A
3,183,527 A
3,438,069 A
3,521,310 A
3,882,871 A
4,232,415 A
Eugene Alletto, Glen Head, NY (US)

(21)
Appl. No.: 14/107,665
(22)
Filed:
References Cited
1/1917
9/1932
9/1938
9/1951
10/1956
3/1957
3/1960
9/1963
5/1965
4/1969
7/1970
5/1975
11/1980
Leavitt
Bawden
Akin
Bloomfield
Mueller
Moltane
Ruiz
Mundis
Turner
Long
Greenawalt
Taniguchi
Webber
(Continued)
Dec. 16, 2013
FOREIGN PATENT DOCUMENTS
(65)
Prior Publication Data

US 2014/0096323 Al
Apr. 10, 2014

(63)
GB
WO
2270254 A * 3/1994
2004056237 A2
7/2004
OTHER PUBLICATIONS
A47C 21/02
S. Munoz, Shopping Around/Antimicrobial Sheets, Wall Street Journal, Jan. 4, 2007.
Continuation of application No. 13/531,122, filed on

Jun. 22, 2012, now Pat. No. 8,646,134.
(Continued)
(60)
Provisional application No. 61/499,907, filed on Jun.

22, 2011.

LLP
(51)
Int. Cl.
A47G 9/10
U.S. Cl.
CPC
(52)
(58)
(2006.01)
A47G 9/1036 (2013.01); A47G 9/10

(2013.01)
USPC
5/636; 5/490; 5/652.1; 5/724; 5/645
CPC
A47G 9/10
USPC
5/636-645, 724, 652.1, 490
(57)
ABSTRACT
36(100
10

US 8,887,332 B2
Page 2
(56)
References Cited
4,280,342 A
4,370,765 A
4,644,591 A
4,665,575 A
4,767,419 A
4,903,357 A
4,922,565 A
5,010,611 A
5,086,530 A
5,148,564 A
5,385,036 A
5,509,157 A
5,566,407 A
5,575,025 A
5,577,276 A
5,642,543 A
5,642,545 A
5,699,571 A
5,706,534 A
D394,366 S
D396,981 S
5,787,534 A
5,806,112 A
5,855,031 A
5,857,232 A
5,881,408 A
5,933,885 A
5,937,458 A
6,012,189 A
6,019,421 A
6,026,330 A
6,039,393 A
6,055,690 A
6,089,947 A
D433,851 S
6,168,495 Bl
6,170,101 Bl
6,178,573 Bl
7/1981
2/1983
2/1987
5/1987
8/1988
2/1990
5/1990
4/1991
2/1992
9/1992
1/1995
4/1996
10/1996
11/1996
11/1996
7/1997
7/1997
12/1997
1/1998
5/1998
8/1998
8/1998
9/1998
1/1999
1/1999
3/1999
8/1999
8/1999
1/2000
2/2000
2/2000
3/2000
5/2000
7/2000
11/2000
1/2001
1/2001
1/2001
Eng et al.
Webber
Goldberg
Raught
Fattore
Kruchen et al.
Blake
Mallett
Blake
Reder
Spillane et al.
Story
Lien
Peters
Nicholson et al.
Huntley
Howard
Yowell
Sherman
Graebe et al.
Laidlaw
Hargest et al.
Harms
Swift, Jr.
Mandavi
Bashista et al.
Glassford
DeRosa
Dudley
Roh
Chuang
Roh
Koenig
Green
Roh
Yoon
McCloud
Wagner et al.
6,243,895 B1
6,302,487 B1
6,315,364 B1
6,347,422 B2
6,421,857 B2
6,438,775 B1
6,489,000 B1
6,550,083 B1
6,670,018 B2
6,701,555 B1
6,760,935 B1 *
6,772,457 B1
6,859,962 B2
6,979,491 B2
D517,698 S
7,007,325 B1
7,055,192 B2
7,080,421 B1 *
D532,640 S
7,523,513 B2
2001/0000362 Al
2002/0034901 Al
2002/0178500 Al
2003/0056292 Al *
2004/0128764 Al
2004/0199999 Al
2005/0132498 Al
2005/0177942 Al
2005/0217030 Al
2006/0010608 Al
2009/0083908 Al
2009/0106904 Al
6/2001
10/2001
11/2001
2/2002
7/2002
8/2002
12/2002
4/2003
12/2003
3/2004
7/2004
8/2004
3/2005
12/2005
3/2006
3/2006
6/2006
7/2006
11/2006
4/2009
4/2001
3/2002
12/2002
3/2003
7/2004
10/2004
6/2005
8/2005
10/2005
1/2006
4/2009
4/2009
Amin
Fujita et al.
Fujita et al.
Heavrin
Whatman et al.
Koenig
Ogura et al.
LaMantia
Fujita et al.
Ermini
Burton et al.
Alaback
Diak/Ghanem
Yan et al.
Savage
Gomeh
Waters et al.
Delfs
Pressler
Waters et al.
Wagner et al.
Fujita et al.
Koenig
Fenichel
McGrath et al.
Landry
Vrionis
Finn et al.
Seigler
DeFranks et al.
Fry
Swarts
5/645
5/645
5/636
OTHER PUBLICATIONS
Silver used by big business to make antimicrobial clothing, http://
www.nanobiosilverscom/applications.html (Jul. 2008).
C. Gromer, "Smart Threads Today's Technology Driven Fabrics
Coddle You While Battling the Elements", Popular Mechanics, pp.
78-81 (Apr. 2004).
* cited by examiner
U.S. Patent
Nov. 18, 2014
Sheet 1 of 4
US 8,887,332 B2
l0
36(uPi
FIG, 1
U.S. Patent
Nov. 18, 2014
US 8,887,332 B2
Sheet 2 of 4
v,
FIG. 2
U.S. Patent
Nov. 18, 2014
Sheet 3 of 4
is
F4
..
-r(6. 9-
US 8,887,332 B2
U.S. Patent
US 8,887,332 B2
Sheet 4 of 4
Nov. 18, 2014
FIG.
52-
no
no
no
A
au
a,
ft
eP
A/
4' en ' dr on'
Fl
AI
P '0"
Al
crt.
Fr
A,
Oa
".1.
AP
clf
f:

US 8,887,332 B2

CONSTRUCTION
material 30, through all layers, is considered as being substantially greater than the porosity of the material of either the
APPLICATION
This application is a continuation application of U.S.

patent application Ser. No. 13/531,122, entitled "PILLOW
WITH GUSSET AND OPEN CELL CONSTRUCTION,"
filed Jun. 22, 2008 and now U.S. Pat. No. 8,646,134, which
claims priority to U.S. Provisional Patent Application No.
61/499,907 filed Jun. 22, 2011. The above-identified applications are incorporated herein by reference, in their entireties.
10
15

20
25
30

porosity.
35
40
45

50
portions; and,
55
60

65

US 8,887,332 B2
3

16, 18 using any conventional technique, including being
and second panels 16, 18. The areas 42 are preferably flat and
sewn together. To provide the pillow 10 with a robust concoplanar with the corresponding top edge 40 and longitudinal
struction, it is preferred that piping 34, or other reinforcing
portion 22.
material and/or stitching, be provided at the points of connec- 5
The first and second panels 16, 18 each preferably include
panels 16, 18.
the areas 42, and end edges 46. The bottom edges 44 extend
between the end edges 46 so as to define a generally rectanto indicate the intended use of the pillow 10, and/or to provide
gular profile. The gusset 20 is preferably attached to the first
additional or explanatory information regarding the pillow 10 and second panels 16, 18 along the rectangular profiles of the
in the form of banner 36A which may be a strip of textile, e.g.,
16, 18.
banner 36A being secured to a portion of the pillow 10.
head and neck area for the specific position of the user (back,
Preferably, the banner 36A with the indicia 38 thereon is 15 stomach or side) while at the same time creating an environlocated over a portion of the gusset 20. The banner 36A is
preferably attached along one of its faces so as to have one
maintain their body temperature, and spine alignment, which
easy visual recognition of information related to the pillow
10, such as an intended purpose of the pillow, even with a 20 cover 48 be provided, located inside the cover 12, in which the
also in the form of tag 36B which may be in the form of one
relatively resistant to air flow therethrough, such as being
textile) which is affixed to the pillow 10 in any known tech100% polyester). The inner cover 48 may be formed of spannique, such as by sewing, gluing, mechanically fastening, and 25 dex or a spandex blend, such as polyester/spandex; although
provided thereon, information, such as care and/or allergy
or a spandex blend as compared to non-woven material, the
cover 12, such as along the connection between one of the first
non-woven material which may provide greater comfort to a
and second panels 16, 18 and the gusset 20. The tag 36B is 30 user. The inner cover 48 acts as a barrier against air floe into
faces viewable.
construction, air exchange about the inner cover 48 is permitThe indicia 38, without the banner 36A, may be directly
ted. This allows for heat dissipation and minimal heat collecaffixed to the pillow 10, such as by embroidery, printing or
tion within the pillow 10. In addition, because the inner cover
other marking. For example, the indicia 38 may be directly 35 48 acts as an air barrier during use, heat transfer by air flow
application of the indicia 38 to the gusset 20, the ability to
formed of various materials particularly various textiles. PrefDifferent fill materials 14 are possible for the pillow 10.
erably, the first panel 14 and/or the second pane118 is formed
The fill material may be blends of hypoallergenic polyester 40 of a moisture-wicking fabric, such as 100% polyester fabric,
rayon, nylon, or spandex-blend fabric for increased perfordescribed above. For example, with the pillow 10 being
mance and stretch-ability, which allows for moisture disperintended for a stomach sleeping position, the pillow 10 may
be provided with a fill of microfiber; with the pillow 10 being
cooling material, such as a gel, may be applied interiorly to
intended for a back sleeping position, the pillow 10 may be 45 the front panel 14 and/or the second panel 18. The cooling
fiber; and, with the pillow 10 being intended for a side sleepand applied shapes, as well as, formed ceramics, neoprene
cluster/ball fiber. As will be appreciated by those skilled in the
use to perform heat transfer and temperature regulation tuneart, other fills are possible. Various down, memory foam s() tion. Depending on the nature and stability of the cooling
and/or springs), in varying combinations, may be utilized
or externally to the front panel 14 and/or the second panel 18.
indicate the intended sleep position of the pillow 10 based on
second panel 18 may be partially or wholly formed with open
55 cell construction. Any of the open cell constructions disThe pillow 10 may be of various configurations. In a precussed above may be utilized. The first panel 14, the second
ferred embodiment, the pillow 10 is provided with increased
panel 18 and/or the gusset 20 may use the same or different
material 14 is configured to provide the desired shape. More
panel 14, the second panel 18 and/or the gusset 20 may be
preferably, the first and second panels 16, 18 may be arcuately 60 provided with different visual appearances (e.g., different
shaped in opposing directions). Preferably, top edges 40 of
parallel as viewed in a direction perpendicular to the first and
12A, 12B, as shown in FIG. 6. By separating the separable
second panels 16, 18. The top edges 40 may be parallel to the 65 portions 12A, 12B, the cover 12 may be removed from the fill

US 8,887,332 B2
5

material being substantially greater than porosity of material
one or both of the end portions 24 and/or along the other of the
forming said first panel and substantially greater than poroslongitudinal portions 22. One or more fasteners 50 may be
ity of material forming said second panel.
14. A pillow as recited in claim 1, wherein said gusset
The fastener(s) 50 is preferably a zipper, but may also include 5 comprises indicia relating to an intended use of said pillow.
buttons, snaps, hook-and-pile fasteners, and an forth.
15. A pillow as recited in claim 1, wherein at least one of
said first panel and said second panel comprise a material
selected from a group consisting of: a 100% polyester fabric,
rayon, nylon, or a spandex-blend fabric.
14 may be located outside of the inner cover 48 within the 10
16. A pillow as recited in claim 1, wherein:
inner surfaces of said first panel, said second panel and said
gusset define an inner cavity; and
said
pillow is configured to have air enter the cavity
through pores in the first and second panels and have the
the same number of similarly configured (shape, material) 15
air exit the cavity through pores in the gusset.
17. A pillow as recited in claim 1, wherein said porous
material comprises rayon.
18. A pillow as recited in claim 1, wherein said porous
outwardly-bowed shape to the first and second panels 16, 18. 20 material comprises an open cell construction.
19. A pillow as recited in claim 1, wherein said first panel,
What is claimed is:
said second panel and said gusset define a cover, said pillow
a first panel having an edge defining a perimeter;
further comprising a fill material disposed within said cover
a second panel having an edge defining a perimeter; and
such that an outer surface of said fill material engages inner
a gusset joining said first and second panels,
25 surfaces of said first and second panels.
wherein said first panel and said second panel each com20. A pillow as recited in claim 1, wherein said first panel,
prise a porous material, and wherein said gusset comsaid second panel and said gusset define a cover, said pillow
prises a material having a greater porosity than the
further comprising a fill material disposed within said cover,
porous material.
said fill material comprising memory foam.
30
a first end of said gusset engages said edge of said first
panel such that said gusset extends continuously about
further comprising a fill material disposed within said cover,
an entire portion of the perimeter of the first panel; and
said fill material comprising a gel.
a second end of said gusset opposite said first end engages
22. A pillow as recited in claim 1, wherein said gusset is
said edge of said second panel such that said gusset 35
formed of an open cell construction, said open cell construcextends continuously about an entire portion of the
tion being formed by strands defining a mesh configuration.
perimeter of the second panel.
23. A pillow as recited in claim 22, wherein said strands
comprise polyester.
perimetrically bounds said first and second panels.
24. A pillow as recited in claim 22, wherein said strands are
4. A pillow as recited in claim 1, wherein said first and 40
connected at points of intersection of said strands.
second panels each define a generally rectangular footprint
common with said gusset.
5. A pillow as recited in claim 1, wherein said first and
arranged in a "x" pattern.
second panels are arcuately bowed out in opposing directions.
6.A pillow as recited in claim 1, wherein said first panel is 45 arranged in a rectangular pattern.
formed with a moisture dispersing material.
7. A pillow as recited in claim 1, wherein said cover is
disposed in multiple layers.
formed by at least two partially or wholly separable portions,
with said separable portions being selectively joinable by a
comprises two longer longitudinal portions joined by two
fastening means.
so shorter end portions, the longitudinal portions being contigu8. A pillow as recited in claim 1, wherein said first panel,
ous with the end portions.
29. A pillow as recited in claim 1, further comprising a
further comprising a fill material disposed within said cover.
reinforcing material provided at points of connection
9. A pillow as recited in claim 8, wherein said fill material
between the gusset and each of the first and second panels.
comprises a compliant material.
55
30. A pillow as recited in claim 29, wherein said reinforc10.A pillow as recited in claim 8, wherein said fill material
ing material is piping.
comprises a gel.
11. A pillow as recited in claim 8, further comprising an
a first panel;
inner cover disposed inside of said cover, at least a portion of
a second panel opposite the first panel; and
said fill material being disposed within said inner cover.
60
a gusset perimetrically bounding and joining said first and
12. A pillow as recited in claim 9, wherein said compliant
second panels,
fill material includes first and second solid foam layers
wherein said first panel, said second panel and said gusset
located on opposing sides of said inner cover within said
define a cover having an inner surface defining a chamcover.
ber for fill material,
13. A pillow as recited in claim 1, wherein said gusset is 65
wherein an interface between said first panel and said gusformed of an open cell construction and a base material, and
set comprises a zipper configured to provide access to
said open cell construction is formed by porosity of said base
the chamber.

US 8,887,332 B2
7
5
wherein said gusset is formed of an open cell construction,
said open cell construction being formed by interlaced
strands.
io
wherein said gusset is formed of an open cell construction, 15
said open cell construction being formed by spacedapart strands.
EXHIBIT C
1 1 1 1 1 1 1 1 1 1 1 1 1 1flIft 1 1 21 1 1 1 1 1 1 1 1
12) United States Patent
Alletto
CONSTRUCTION
(10) Patent No.:

US 9,015,883 B2
Apr. 28, 2015
(56)
Applicant: Bedgear, LLC, Farmingdale, NY (US)

Inventor:
1,212,515 A
1/1917 Leavitt
1,876,591 A
9/1932 Bawden
2,128,978 A
9/1938 Akin
2,566,790 A
9/1951 Bloomfield
2,639,444 A * 5/1953 De Monsabert
2,765,480 A
10/1956 Mueller
2,784,420 A
3/1957 Moltane
2,927,331 A
3/1960 Ruiz
3,103,669 A
9/1963 Mundis
3,183,527 A
5/1965 Turner
3,438,069 A
4/1969 Long
3,521,310 A
7/1970 Greenawalt
3,882,871 A
5/1975 Taniguchi
4,232,415 A
11/1980 Webber
Eugene Alletto, Glen Head, NY (US)
Assignee: Bedgear, LLC, Farmingdale, NY (US)

Notice:

(21)
Appl. No.: 14/328,008
(22)
Filed:
Jul. 10, 2014
(65)
Oct. 30, 2014

(63) Continuation of application No. 14/107,665, filed on
Dec. 16, 2013, now Pat. No. 8,887,332, which is a
continuation of application No. 13/531,122, filed on
Jun. 22, 2012, now Pat. No. 8,646,134.
(60) Provisional application No. 61/499,907, filed on Jun.
22, 2011.
(52)
(58)
Int. Cl.
A47G 9/10
U.S. Cl.
CPC
5/699
(Continued)
FOREIGN PATENT DOCUMENTS
Prior Publication Data

US 2014/0317850 Al
(51)
References Cited
(2006.01)
A47G 9/1036 (2013.01); A47G 9/10

(2013.01)
CPC
A47G 9/10
USPC
5/636-645, 724, 738, 652.1, 490
GB
WO
2270254 A * 3/1994
2004056237 A2
7/2004
OTHER PUBLICATIONS
S. Munoz, Shopping Around/Antimicrobial Sheets, Wall Street Journal, Jan. 4, 2007.

(Continued)
LLP
(57)
ABSTRACT
10
20
A47C 21/02
US 9,015,883 B2
Page 2
(56)
References Cited
4,280,342 A
4,370,765 A
4,644,591 A
4,665,575 A
4,767,419 A
4,903,357 A
4,922,565 A
5,010,611 A
5,086,530 A
5,148,564 A
5,385,036 A
5,509,157 A
5,566,407 A
5,575,025 A
5,577,276 A
5,642,543 A
5,642,545 A
5,699,571 A
5,706,534 A
D394,366 S
D396,981 S
5,787,534 A
5,806,112 A
5,855,031 A
5,857,232 A
5,881,408 A
5,933,885 A
5,937,458 A
6,012,189 A
6,019,421 A
6,026,330 A
6,039,393 A
6,055,690 A
6,089,947 A
D433,851 S
6,168,495 Bl
6,170,101 Bl
6,178,573 Bl
7/1981
2/1983
2/1987
5/1987
8/1988
2/1990
5/1990
4/1991
2/1992
9/1992
1/1995
4/1996
10/1996
11/1996
11/1996
7/1997
7/1997
12/1997
1/1998
5/1998
8/1998
8/1998
9/1998
1/1999
1/1999
3/1999
8/1999
8/1999
1/2000
2/2000
2/2000
3/2000
5/2000
7/2000
11/2000
1/2001
1/2001
1/2001
Eng et al.
Webber
Goldberg
Raught
Fattore
Kruchen et al.
Blake
Mallett
Blake
Reder
Spillane et al.
Story
Lien
Peters
Nicholson et al.
Huntley
Howard
Yowell
Sherman
Graebe et al.
Laidlaw
Hargest et al.
Harms
Swift, Jr.
Mandavi
Bashista et al.
Glassford
DeRosa
Dudley
Roh
Chuang
Roh
Koenig
Green
Roh
Yoon
McCloud
Wagner et al.
6,243,895 B1
6,302,487 B1
6,315,364 B1
6,347,422 B2
6,421,857 B2
6,438,775 B1
6,489,000 B1
6,550,083 B1
6,670,018 B2
6,701,555 B1
6,760,935 B1 *
6,772,457 B1
6,859,962 B2
6,979,491 B2
D517,698 S
7,007,325 B1
7,055,192 B2
7,080,421 B1 *
D532,640 S
7,523,513 B2
2001/0000362 Al
2002/0034901 Al
2002/0178500 Al
2004/0128764 Al
2004/0199999 Al
2005/0132498 Al
2005/0177942 Al
2005/0217030 Al
2006/0010608 Al
2009/0083908 Al
2009/0106904 Al
6/2001
10/2001
11/2001
2/2002
7/2002
8/2002
12/2002
4/2003
12/2003
3/2004
7/2004
8/2004
3/2005
12/2005
3/2006
3/2006
6/2006
7/2006
11/2006
4/2009
4/2001
3/2002
12/2002
7/2004
10/2004
6/2005
8/2005
10/2005
1/2006
4/2009
4/2009
Amin
Fujita et al.
Fujita et al.
Heavrin
Whatman et al.
Koenig
Ogura et al.
LaMantia
Fujita et al.
Ermini
Burton et al.
Alaback
Diak/Ghanem
Yan et al.
Savage
Gomeh
Waters et al.
Delfs
Pressler
Waters et al.
Wagner et al.
Fujita et al.
Koenig
McGrath et al.
Landry
Vrionis
Finn
Seigler
DeFranks et al.
Fry
Swarts et al.
5/645
5/645
OTHER PUBLICATIONS
Silver used by big business to make antimicrobial clothing, http://
www.nanobiosilverscom/applications.html (Jul. 2008).
C. Gromer, "Smart Threads Today's Technology Driven Fabrics
Coddle You While Battling the Elements", Popular Mechanics, pp.
78-81 (Apr. 2004).
* cited by examiner
U.S. Patent
Apr. 28, 2015
Sheet 1 of 4
US 9,015,883 B2
I0
FIG. I
U.S. Patent
Apr. 28, 2015
Sheet 2 of 4
US 9,015,883 B2
i0
FIG. 2
U.S. Patent
Apr. 28, 2015
Sheet 3 of 4
US 9,015,883 B2
.""
...
...............
...............
'
T:tiCA 9-
U.S. Patent
Apr. 28, 2015
US 9,015,883 B2
Sheet 4 of 4
10
I 24
FIG.
2_
a
aai a0
x a x
10
413
04
ar
A
at
04
:de
a q
eV
el. A
A. A .4'
e.
Ot
AI
:43
0
0e
0
0
0
0
VI
a 0 a 0 00 a q a q a q a q a Kama a q a
FIG. I

US 9,015,883 B2

CONSTRUCTION

material 30, through all layers. is considered as being substantially greater than the porosity of the material of either the
APPLICATION
This application is a continuation application of U.S.
patent application Ser. No. 14/107,665, entitled "PILLOW
WITH GUSSET AND OPEN CELL CONSTRUCTION,"
filed Dec. 16, 2013, which issued as U.S. Pat. No. 8,887,332,
which is a continuation of U.S. patent application Ser. No.
13/531,122, entitled "PILLOW WITH GUSSET AND OPEN
CELL CONSTRUCTION," filed Jun. 22, 2008, which issued
as U.S. Pat. No. 8,646,134 and claims priority to U.S. Provisional Patent Application No. 61/499,907 filed Jun. 22, 2011,
the entire contents of which are incorporated by reference
herein. The above-identified applications are incorporated
herein by reference, in their entireties.
10
15

20

25
30

35

porosity.
40
45
50

portions; and,
55
60

65


US 9,015,883 B2
3

second panels 16, 18. The top edges 40 may be parallel to the
16, 18 using any conventional technique, including being 5 and second panels 16, 18. The areas 42 are preferably flat and
sewn together. To provide the pillow 10 with a robust concoplanar with the corresponding top edge 40 and longitudinal
struction, it is preferred that piping 34, or other reinforcing
portion 22.
material and/or stitching, be provided at the points of connecThe first and second panels 16, 18 each preferably include
panels 16, 18.
10 the areas 42, and end edges 46. The bottom edges 44 extend
between the end edges 46 so as to define a generally rectanto indicate the intended use of the pillow 10, and/or to provide
gular profile. The gusset 20 is preferably attached to the first
additional or explanatory information regarding the pillow
and second panels 16, 18 along the rectangular profiles of the
in the form of banner 36A which may be a strip of textile, e.g., 15 16, 18.
banner 36A being secured to a portion of the pillow 10.
head and neck area for the specific position of the user (back,
Preferably, the banner 36A with the indicia 38 thereon is
stomach or side) while at the same time creating an environlocated over a portion of the gusset 20. The banner 36A is
preferably attached along one of its faces so as to have one 20 maintain their body temperature, and spine alignment, which
easy visual recognition of information related to the pillow
10, such as an intended purpose of the pillow, even with a
cover 48 be provided, located inside the cover 12, in which the
also in the form of tag 36B which may be in the form of one 25 relatively resistant to air flow therethrough, such as being
textile) which is affixed to the pillow 10 in any known tech100% polyester). The inner cover 48 may be formed of spannique, such as by sewing, gluing, mechanically fastening, and
dex or a spandex blend, such as polyester/spandex; although
provided thereon, information, such as care and/or allergy 30 or a spandex blend as compared to non-woven material, the
cover 12, such as along the connection between one of the first
non-woven material which may provide greater comfort to a
and second panels 16, 18 and the gusset 20. The tag 36B is
user. The inner cover 48 acts as a barrier against air flow into
faces viewable.
35 construction, air exchange about the inner cover 48 is permitThe indicia 38, without the banner 36A, may be directly
ted. This allows for heat dissipation and minimal heat collecaffixed to the pillow 10, such as by embroidery, printing or
tion within the pillow 10. In addition, because the inner cover
other marking. For example, the indicia 38 may be directly
48 acts as an air barrier during use, heat transfer by air flow
application of the indicia 38 to the gusset 20, the ability to 40
formed of various materials particularly various textiles. PrefDifferent fill materials 14 are possible for the pillow 10.
erably, the first panel 14 and/or the second pane118 is formed
The fill material may be blends of hypoallergenic polyester
of a moisture-wicking fabric, such as 100% polyester fabric,
rayon, nylon, or spandex-blend fabric for increased perfordescribed above. For example, with the pillow 10 being 45 mance and stretch-ability, which allows for moisture disperintended for a stomach sleeping position, the pillow 10 may
be provided with a fill of microfiber; with the pillow 10 being
cooling material, such as a gel, may be applied interiorly to
intended for a back sleeping position, the pillow 10 may be
the front panel 14 and/or the second panel 18. The cooling
fiber; and, with the pillow 10 being intended for a side sleep- so and applied shapes, as well as, formed ceramics, neoprene
cluster/ball fiber. As will be appreciated by those skilled in the
use to perform heat transfer and temperature regulation funcart, other fills are possible. Various down, memory foam
tion. Depending on the nature and stability of the cooling
and/or springs), in varying combinations, may be utilized 55 or externally to the front panel 14 and/or the second panel 18.
indicate the intended sleep position of the pillow 10 based on
second panel 18 may be partially or wholly formed with open
cell construction. Any of the open cell constructions disThe pillow 10 may be of various configurations. In a precussed above may be utilized. The first panel 14, the second
ferred embodiment, the pillow 10 is provided with increased 60 panel 18 and/or the gusset 20 may use the same or different
material 14 is configured to provide the desired shape. More
panel 14, the second panel 18 and/or the gusset 20 may be
preferably, the first and second panels 16, 18 may be arcuately
provided with different visual appearances (e.g., different
shaped in opposing directions). Preferably, top edges 40 of 65
parallel as viewed in a direction perpendicular to the first and
12A, 12B, as shown in FIG. 6. By separating the separable

US 9,015,883 B2
5
portions 12A, 12B, the cover 12 may be removed from the fill
one or both of the end portions 24 and/or along the other of the
longitudinal portions 22. One or more fasteners 50 may be
The fastener(s) 50 is preferably a zipper, but may also include
buttons, snaps, hook-and-pile fasteners, and so forth.
14 may be located outside of the inner cover 48 within the
the same number of similarly configured (shape, material)
outwardly-bowed shape to the first and second panels 16, 18.
What is claimed is:
wherein inner surfaces of said first panel, said second panel
and said gusset define an inner cavity; and
said pillow is configured to have air enter the cavity
through pores in the first and second panels and have the
air exit the cavity through pores in the gusset.
a first end of said gusset engages said edge of said first
panel such that said gusset extends continuously about
an entire portion of the perimeter of the first panel; and
a second end of said gusset opposite said first end engages
said edge of said second panel such that said gusset
extends continuously about an entire portion of the
perimeter of the second panel.
perimetrically bounds said first and second panels.
formed of an open cell construction.
second panels each define a generally rectangular footprint
common with said gusset.
second panels are arcuately bowed out in opposing directions.
7. A pillow as recited in claim 1, wherein said first panel is

formed with a moisture dispersing material.
further comprising a fill material disposed within said cover.
9. A pillow as recited in claim 8, wherein said cover is
formed by at least two partially or wholly separable portions,
with said separable portions being selectively joinable by a
fastening means.
comprises a compliant material.
11. A pillow as recited in claim 10, wherein said compliant
fill material includes first and second solid foam layers
located on opposing sides of said inner cover within said
cover.
comprises a gel.
formed of an open cell construction and a base material, and
forming said first panel and substantially greater than porosity of material forming said second panel.
formed of an open cell construction and a base material, and
forming said first panel and substantially greater than porosity of material forming said second panel.
comprises indicia relating to an intended use of said pillow.
17. A pillow as recited in claim 1, wherein at least one of
said first panel and said second panel comprise a material
selected from a group consisting of: a 100% polyester fabric,
rayon, nylon, or a spandex-blend fabric.
formed of an open cell construction, said open cell construction being formed by strands defining a mesh configuration.
comprises two longer longitudinal portions joined by two
shorter end portions, the longitudinal portions being contiguous with the end portions.
20. A pillow as recited in claim 1, wherein said inner cavity
is filled with a fill material configured to facilitate support of
said pillow in a specific position of sleep.
10
15
20
25
30
35
40
45
EXHIBIT D

Bedgear v. Comfort Revolution - Complaint

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Bedgear v. Comfort Revolution - Complaint

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Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 1 of 22 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

Case No.: 1:15-cv-____

COMPLAINT FOR PATENT INFRINGEMENT

Bedgear is a Delaware limited liability company with its principal place of

On information and belief, Comfort Revolution is a Delaware limited liability

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 2 of 22 PageID #: 2

Comfort Revolution manufactures, imports, offers for sale, sells, and/or

distributes bedding products, including pillows, that infringe Bedgears patents.

On information and belief, Comfort Revolution is subject to this Courts specific

or more websites on the Internet, including a website at: http://www.comfortrevolution.com,

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 3 of 22 PageID #: 3

Bedgear is a leading manufacturer of specialty bedding products and sleep

Bedgears philosophy is centered around designing, developing, and delivering

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 4 of 22 PageID #: 4

Bedgear was founded by nationally-recognized entrepreneur, Eugene Alletto,

Bedgear is well-known for being a pioneer of performance bedding.

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 5 of 22 PageID #: 5

technologies with a range of intellectual property rights. In particular, as a result of its

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 6 of 22 PageID #: 6

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 7 of 22 PageID #: 7

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 8 of 22 PageID #: 8

its patented technology and designs in 2011.

As a result of its proprietary technology and products, Bedgear has become

On information and belief, Defendant Comfort Revolution is a furniture and

On information and belief, Comfort Revolutions LuxLiving Talalay Latex Pillow

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 9 of 22 PageID #: 9

private-label LuxLiving brand. See http://www.mattressfirm.com/lux-living-only-at-mattressfirm.aspx.

On information and belief, Comfort Revolutions pillow and/or pillow cover

By way of example, Comfort Revolutions so-called Hydraluxe AirTM Cooling

Fiber Pillow is shown below (with annotations to highlight certain elements):

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 10 of 22 PageID #: 10

According to the informational insert and product packaging materials provided

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 11 of 22 PageID #: 11

Side view of the Hydraluxe AirTM product packaging.

According to these materials, the Hydraluxe AirTM pillow includes a ventilated

On information and belief, Comfort Revolutions Hydraluxe AirTM Cooling Fiber

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 12 of 22 PageID #: 12

Comfort Revolution has not sought permission to use Bedgears patented

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 13 of 22 PageID #: 13

On information and belief, Comfort Revolution has been aware of Bedgears

Bedgear is harmed by Comfort Revolutions use of Bedgears patented

On information and belief, Comfort Revolutions infringement has caused

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 14 of 22 PageID #: 14

As a direct and proximate result of Comfort Revolutions infringement of the 134

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 15 of 22 PageID #: 15

damages from Comfort Revolution to compensate for such infringement, in an amount to be

The acts of infringement by Comfort Revolution identified herein have caused

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 16 of 22 PageID #: 16

As a direct and proximate result of Comfort Revolutions infringement of the 332

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 17 of 22 PageID #: 17

The acts of infringement by Comfort Revolution identified herein have caused

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 18 of 22 PageID #: 18

As a direct and proximate result of Comfort Revolutions infringement of the 883

The acts of infringement by Comfort Revolution identified herein have caused

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 19 of 22 PageID #: 19

As a direct and proximate result of Comfort Revolutions infringement of the 183

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 20 of 22 PageID #: 20

The acts of infringement by Comfort Revolution identified herein have caused

883, and 183 Patents;

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 21 of 22 PageID #: 21

That this case be adjudged to be an exceptional case pursuant to 35 U.S.C. 285

Court may deem just and proper under the circumstances.

Case 1:15-cv-07121 Document 1 Filed 12/14/15 Page 22 of 22 PageID #: 22