Worldwide Creations v. Stark Int'l - Complaint

Case: 1:18-cv-06485 Document #: 1 Filed: 09/24/18 Page 1 of 8 PageID #:1
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
WORLDWIDE CREATIONS, LLC, a

Michigan Limited Liability Company,
Plaintiff,
Case No. 1:18-cv-06485
v.
Hon.
STARK INTERNATIONAL, INC., a
California Corporation, JURY TRIAL DEMANDED
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, Worldwide Creations, LLC, by and through its attorneys, Young Basile Hanlon
& MacFarlane, P.C., for its complaint against Defendant Stark International, Inc., hereby states
as follows:
NATURE OF THE ACTION
1. This is an action for patent infringement under the United States Code, Title 35,
as amended.
THE PARTIES
2. The Plaintiff, Worldwide Creations, LLC (“Plaintiff”) is a Michigan limited
liability company having an address of P.O. Box 595, Clio, MI, 48420.
3. On information and belief, Defendant, Stark International, Inc. (“Defendant”), is a
California corporation having places of business at 13850 Central Ave., Suite 200 Chino, CA,
91710, US, and at 901 West 36th Place, Chicago, IL, 60632.
4. On information and belief, Defendant does business using a number of assumed
names and/or brand names, including Stark Tools USA, Barton, XtremepowerUS, and iHubdeal.
JURISDICTION AND VENUE
5. On information and belief, Defendant has committed acts and continues to
commit acts of patent infringement giving rise to this action under the patent laws of the United
States, 35 U.S.C. §§ 271 and 281. This Court has original subject matter jurisdiction over this
action under 28 U.S.C. §§ 1331 and 1338(a).
6. On information and belief, under Illinois’s long-arm statute, 735 ILCS § 5/2-209,
Defendant submitted to the personal jurisdiction of this Court because Defendant, inter alia:
transacted business within the State of Illinois; committed a tortious act within the State of
Illinois; engaged in an act of patent infringement in the State of Illinois and this District; have a
place of business within the State of Illinois; regularly conduct or solicit business in the State of
Illinois; engage in other persistent courses of conduct in the State of Illinois; and/or derive
substantial revenue from goods and services provided to persons or entities in the State of
Illinois. Further, on information and belief, Defendant has established minimum contacts with
the State of Illinois and this District such that the exercise of jurisdiction over Defendant would
not offend traditional notions of fair play and substantial justice.
7. On information and belief, venue is proper in this District under 28 U.S.C. §§
1391(b) and 1400(b) because Defendant has a regular and established place of business in this
District or the State of Illinois.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 9,468,284
8. Plaintiff realleges and incorporates by reference the allegations of paragraphs 1-7
above, as if fully set forth herein.
2
9. On October 18, 2016, U.S. Patent No. 9,468,284 (“the ‘284 Patent”) entitled
“HANGING CHAIR” was duly and lawfully issued by the United States Patent and Trademark
Office to Scott Wehner. A true and correct copy of the ‘284 Patent is attached as Exhibit A.
10. Plaintiff is the owner of the ‘284 patent by way of assignment.
11. The ‘284 patent confers upon the Plaintiff the exclusive right to make, use, sell
and offer for sale the invention therein described.
12. Since the grant of the ‘284 Patent, Plaintiff has continuously marked substantially
all chairs manufactured according to the patent with the reference “Patent” or “Pat.” and the
patent number “9,468,284”. Accordingly, Defendant has had constructive notice of the ‘284
Patent since at least as early as October 18, 2016.
13. On information and belief, Defendant has made, used, offered for sale, and sold
and are now making, using, offering for sale, and/or selling, without permission from Plaintiff,
hanging chairs that infringe claim 1 of the ‘284 patent. At least some of these chairs are marketed
under the name “Barton” (herein, the “Barton Hanging Chair”).
14. Examples of advertisements for hanging chairs offered for sale and sold by
Defendant are included in Exhibit D.
15. A claim chart demonstrating infringement of the ‘284 patent by the Defendant’s
Barton Hanging Chair is included as Exhibit E. As shown in Exhibit E, Defendant’s Barton
Hanging Chair includes all of the elements of claims 1-9, 11-13, 15, 16, and 20 of the ‘284
patent.
16. The Defendant has infringed the ‘284 Patent by making, using, selling, and/or
offering for sale hanging chairs, including the Barton Hanging Chair.
3
17. On information and belief, Defendant has had actual notice of the ‘284 Patent
since at least June 8, 2018.
18. On information and belief, Defendant’s infringement of the ‘284 Patent has been
willful and deliberate.
19. As a result of the Defendant’s actual infringement, Plaintiff has suffered damage,
and unless and until the actions of the Defendant are enjoined, Plaintiff will continue to suffer
damage.
20. Defendant’s infringing activities have and continue to directly and proximately
cause Plaintiff damages.
21. The present case is an exceptional case, entitling Plaintiff to an award of
attorney’s fees.
COUNT II
INFRINGEMENT OF U.S. PATENT NO. 10,016,048
22. Plaintiff realleges and incorporates by reference the allegations of paragraphs 1-
21 above, as if fully set forth herein.
23. On July 10, 2018, U.S. Patent No. 10,016,048 (“the ‘048 Patent”) entitled
“HANGING CHAIR” was duly and lawfully issued by the United States Patent and Trademark
Office to Scott Wehner. A true and correct copy of the ‘048 Patent is attached as Exhibit B.
24. Plaintiff is the owner of the ‘048 patent by way of assignment.
25. The ‘048 patent confers upon the Plaintiff the exclusive right to make, use, sell
and offer for sale the invention therein described.
26. Since the grant of the ‘048 Patent, Plaintiff has continuously marked substantially
all chairs manufactured according to the patent with the reference “Patent” or “Pat.” and the
4
patent number “10,016,048”. Accordingly, Defendant has had constructive notice of the ‘048
Patent since at least as early as July 10, 2018.
hanging chairs that infringe claims 1-9, 11-13, 15, 16, and 20 of the ‘048 patent. These chairs
include the Barton Hanging Chair.
29. A claim chart demonstrating infringement of the ‘048 patent by the Defendant’s
Barton Hanging Chair is included as Exhibit F. As shown in Exhibit F, Defendant’s Barton
Hanging Chair includes all of the elements of at least claims 1-9, 11-13, 15, 16, and 20 of the
‘048 patent.
30. The Defendant has infringed the ‘048 Patent by making, using, selling, and/or
offering for sale hanging chairs, including the Barton Hanging Chair.
damage.
attorney’s fees.
5
COUNT III
INFRINGEMENT OF U.S. DESIGN PATENT NO. D759,396
34. Plaintiff realleges and incorporates by reference the allegations of paragraphs 1-
33 above, as if fully set forth herein.
35. On June 21, 2016, U.S. Design Patent No. D759,396 (“the ‘396 design patent”)
entitled “HANGING CHAIR” was duly and lawfully issued by the United States Patent and
Trademark Office to Scott Wehner. A true and correct copy of the ‘396 design patent is attached
as Exhibit C.
36. Plaintiff is the owner of the ‘396 design patent by way of assignment.
37. The ‘396 design patent confers upon the Plaintiff the exclusive right to make, use,
sell and offer for sale the invention therein described.
38. Since the grant of the ‘396 design Patent, Plaintiff has continuously marked
substantially all chairs manufactured according to the patent with the reference “Patent” or “Pat.”
and the patent number “D759,396”. Accordingly, Defendant has had constructive notice of the
‘048 Patent since at least as early as June 21, 2016.
hanging chairs that infringe claims 1-9, 11-13, 15, 16, and 20 of the ‘048 patent. These chairs
include the Barton Hanging Chair.
41. A side by side comparison chart demonstrating infringement of the ‘396 design
patent by the Defendant’s Barton Hanging Chair is included as Exhibit G. As shown in Exhibit
G, the Barton Hanging Chair is identical to the patented design, such that an ordinary observer
6
would conclude that the design of the Barton Hanging Chair is substantially the same as the
patented design when the two designs are compared in the context of the prior art.
42. The Defendant has infringed the ‘396 design patent by making, using, selling,
and/or offering for sale hanging chairs, including the Barton Hanging Chair.
43. On information and belief, Defendant has had actual notice of the ‘396 design
patent since at least April 23, 2018.
44. On information and belief, Defendant’s infringement of the ‘396 design patent has
been willful and deliberate.
damage.
attorney’s fees.
RELIEF REQUESTED
WHEREFORE, Plaintiff respectfully requests that this Court:
A. Enter judgment for Plaintiff against Defendant, declaring that they have willfully
infringed Plaintiff’s patents.
B. Award Plaintiff all damages it has sustained as a result of Defendant’s patent
infringement and order that the damages be trebled pursuant to 35 U.S.C. 284.
C. Declare this case exceptional and find that Plaintiff is entitled to recover its costs
and reasonable attorney’s fees incurred in this action, pursuant to 35 U.S.C. 285.
7
D. Preliminarily and permanently enjoin and restrain Defendant and its agents,
servants, employees, partners, attorneys, successors and assigns, and all those acting in concert
with them, from infringing, contributory infringing or inducing infringement of Plaintiff’s
patents.
E. Enter an order requiring Defendant to offer up for destruction any and all
remaining inventory of any infringing products.
F. Enter judgment granting such other relief as justice and equity may require.
DEMAND FOR JURY TRIAL
Plaintiff hereby requests a jury trial of all issues.
Date: September 24, 2018 Respectfully submitted,
/s/ Nicholas A. Kurk

Nicholas A. Kurk (ARDC 6292133)
Young Basile Hanlon & MacFarlane, P.C.
150 N. Wacker Dr., Suite 1450
Chicago, IL 60606
(312) 754-9332 / (248) 649-3338 Fax
kurk@youngbasile.com
-and-
Craig A. Redinger (Pro Hac Vice To Be Filed)

301 E. Liberty, Suite 680
Ann Arbor, MI 48104
(734) 662-0270
creding@youngbasile.com
Attorneys for Plaintiff
8
,/1'44 (Rev. 04/13/16) Case: 1:18-cv-06485 Document #: 1-1 Filed:
CIVIL COVER 09/24/18 Page 1 of 1 PageID #:9
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
Worldwide Creations, LLC Stark International, Inc.
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Nicholas A. Kurk
150 N. Wacker Dr., Ste. 1450, Chicago, IL 60606, (312) 754-9332
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729 (a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation
Student Loans 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts
362 Personal Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights 510 Motions to Vacate Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting Sentence or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment Habeas Corpus: 871 IRS—Third Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ 530 General 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 535 Death Penalty 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities 540 Mandamus & Other IMMIGRATION State Statutes
Employment 550 Civil Rights 462 Naturalization Application
446 Amer. w/Disabilities 555 Prison Condition 463 Habeas Corpus -
Other 560 Civil Detainee - Alien Detainee
448 Education Conditions of (Prisoner Petition)
Confinement 465 Other Immigration
Actions
V. ORIGIN (Place an “X” in One Box Only)

Transferred from
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 6 Multidistrict
Another District
Proceeding State Court Appellate Court Reopened (specify) Litigation
VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are VII. Previous Bankruptcy Matters (For nature of suit 422 and 423, enter the case
filing and write a brief statement of cause.) number and judge for any associated bankruptcy matter previously adjudicated by a judge of
this Court. Use a separate attachment if necessary.)
35 U.S.C. § 271, 281, 283, 284, and 285
VIII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P.
JURY DEMAND: Yes No
IX. RELATED CASE(S) (See instructions):
IF ANY JUDGE DOCKET NUMBER
X. This case (check one box) Is not a refiling of a previously dismissed action is a refiling of case number previously dismissed by Judge
DATE September 24, 2018 SIGNATURE OF ATTORNEY OF RECORD /s/ Nicholas A. Kurk
Case: 1:18-cv-06485 Document #: 1-2 Filed: 09/24/18 Page 1 of 1 PageID #:10
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
WORLDWIDE CREATIONS, LLC, a

Michigan Limited Liability Company,
Plaintiff,
Case No. 1:18-cv-06485
v.
Hon.
STARK INTERNATIONAL, INC., a
California Corporation, JURY TRIAL DEMANDED
Defendant.
INDEX OF EXHIBITS
Exhibit A U.S. Patent No. 9,468,284

Exhibit B U.S. Patent No. 10,016,048
Exhibit C U.S. Design Patent No. D759,396
Exhibit D Advertisements
Exhibit E Claim Chart for U.S. Patent No. 9,468,284
Exhibit F Claim Chart for U.S. Patent No. 10,016,048
Exhibit G Barton Chair and U.S. Design Patent No. D759,396 Side-by-Side
Exhibit
A
Exhibit
B
Exhibit
C
Exhibit
D
SIGN IN CREATE AN ACCOUNT
Case: 1:18-cv-06485 Document #: 1-6 Filed: 09/24/18 Page 2 of 15 PageID #:53 Save 10% When You Subscribe! CALL US NOW 0
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PAGE 3 OF 14
9/24/2018 XtremepowerUS Outdoor
Case: 1:18-cv-06485 Hanging Egg
Document #: Chair
1-6 Swing Patio09/24/18
Filed: Hammock Seat w/ Cushion
Page 5 ofand15
Stand Aqua - Walmart.com
PageID #:56
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XtremepowerUS Outdoor Hanging Egg Chair Swing Patio Hammock Seat w/ Cushion and Stand
Aqua
3 reviews Walmar # 569704054
1 of 4
Actual Color: Choose an option
Aqua Beige Grey Teal
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XtremepowerUS Outdoor Hanging Egg Chair Swing Patio Hammock Seat w/ Cushion and Stand Aqua
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EXHIBIT D
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https://www.walmart.com/ip/XtremepowerUS-Outdoor-Hanging-Egg-Chair-Swing-Patio-Hammock-Seat-w-Cushion-and-Stand-Aqua/519828872 1/11
Document #: Chair
Page 6 ofand15
PageID #:57
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Adver isement
About This Item
We aim to show you accurate product information. Manufacturers, suppliers and others provide what you see here, and
we have not verified it. See our disclaimer
This gorgeous Patio Chair comes in a unique and elegant shape an egg which is surprisingly quite comfor able. It
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this Patio Chair has a weight capacity of 300 pounds! Made to seat just you, this chair will allow you to sit down and
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Measures 66-Inch high with stand
Available in a variety of colors
WARNING
This product contains chemicals known to the State of California to cause cancer and bir h defects or other
reproductive harm. www.p65warnings.ca.gov
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Specifications
Recommended Location Outdoor
Is Assembly Required Y EXHIBIT D

PAGE 6 OF 14
Is Weather-Resistant Y
Document #: Chair
Page 8 ofand15
PageID #:59
Is Weather Resistant Y
Condition New
Count 1
Manufacturer Par Number 93900
Multipack Quantity 1
Is Waterproof Y
Brand XtremepowerUS
Assembled Product Weight 63.00 lb
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EXHIBIT D
PAGE 7 OF 14
Document #: Chair
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his par y in 15 mins. PAGE 8 OF 14
Case: 1:18-cv-06485 DocumentHanging Egg Chair Filed:
#: 1-6 Swing Patio Hammock Seat
09/24/18 Pagew/ Cushion
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EXHIBIT D
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EXHIBIT D
PAGE 14 OF 14
Exhibit
E
Claim Chart for U.S. Patent No. 9,468,284
U.S. Patent No. 9,468,284 Barton Hanging Chair

Claims Letters refer to attached photos
1. A hanging chair, comprising:
an upper frame member that is connectable to A: Upper Frame Member

an external support structure;
a lower frame member; B: Lower Frame Member
a plurality of upright supports that each extend C1-C6: Upright Supports

from the upper frame member to the lower
frame member, wherein the plurality of upright D: Opening defined by C1 and C6.
supports are pivotally moveable between a
collapsed position and an expanded position,
wherein two upright supports from the
plurality of upright supports define a
substantially ovoid opening; and
two releasable locking structures that allow the H1 and H2: Releasable Locking Structures
two upright supports that define the
substantially ovoid opening to be fixed in the
expanded position, wherein each of the
releasable locking structures is between one of
the two upright supports that define the
substantially ovoid opening and its closest
upright support.
EXHIBIT E
PAGE 1 OF 5
EXHIBIT E
PAGE 2 OF 5
EXHIBIT E
PAGE 3 OF 5
EXHIBIT E
PAGE 4 OF 5
EXHIBIT E
PAGE 5 OF 5
Exhibit
F
Claim Chart for U.S. Patent No. 10,016,048
U.S. Patent No. 10,016,048 Barton Hanging Chair

Claims Letters refer to attached photos
an upper frame member connectable to an A: Upper Frame Member

external support structure, the upper frame
member having a top plate, a bottom plate, and
a side plate;
a lower frame member having a top plate, a B: Lower Frame Member

bottom plate, and a side plate; and
a plurality of upright supports that each are C1-C6: Upright Supports

arcuate members that extend from the upper
frame member to the lower frame member, D: Opening defined by A, B, C1 and C6.
each upright support having a first end and a
second end, the first end of each upright
support is pivotally connected to the upper
frame member between the top plate and the
bottom plate, the second end of each upright
support is pivotally connected to the lower
frame member between the top plate and the
bottom plate, wherein two upright supports
from the plurality of upright supports, the side
plate of the upper frame member, and the side
plate of the lower frame member define an
opening.
2. The hanging chair of claim 1, further

comprising:
a flexible cover that is connected to at least two E: Flexible Cover

of the upright supports.
3. The hanging chair of claim 2, wherein the This configuration is defined by E and C1-C6.
flexible cover extends between adjacent pairs
of the upright supports, and the flexible cover
does not obstruct the opening defined by the
upright supports.
EXHIBIT F
PAGE 1 OF 9

4. The hanging chair of claim 3, wherein the E includes pockets.

flexible cover includes pockets that enclose the
upright supports.
5. The hanging chair of claim 1, further

comprising:
a free-standing, suspension frame having a F: Free-standing suspension frame

suspension member, wherein the suspension
member is connectable to the upper frame
member.
6. The hanging chair of claim 5, wherein the G: Mounting Member

upper frame member includes a mounting
member for connecting the upper frame
member to the suspension member.
7. The hanging chair of claim 1, wherein the C1-C6 are movable between collapsed and
upright supports are movable between a expanded positions as claimed.
collapsed position and an expanded position,
the hanging chair further comprising:
two releasable locking structures that allow the H1 and H2: Releasable Locking Structures
two upright supports that define the opening to
be fixed in the expanded position.
8. The hanging chair of claim 1, wherein:
the side plate of the upper frame member is A and B are configured as claimed.
connected to a portion of an outer periphery of
the top plate of the upper frame member and a
portion of an outer periphery of the bottom
plate of the upper frame member and wherein
the top plate of the upper frame member and
the bottom plate of the upper frame member
are substantially coplanar and spaced apart,
and the side plate of the lower frame member
is connected to a portion of an outer periphery
of the top plate of the lower frame member and
EXHIBIT F
PAGE 2 OF 9

a portion of an outer periphery of the bottom

plate of the lower frame member and wherein
the top plate of the lower frame member and
the bottom plate of the lower frame member
are substantially coplanar and spaced apart.
9. The hanging chair of claim 1, wherein at C1-C6 are rigid tubular members.
least some of the upright supports are rigid
tubular members.
an upper frame member connectable to an A: Upper Frame Member

external support structure, the upper frame
member having a top plate, a bottom plate, and
a side plate, wherein the top plate and the
bottom plate are substantially coplanar and
spaced apart, wherein the side plate is
connected to a portion of an outer periphery of
the top plate and a portion of an outer
periphery of the bottom plate;
a lower frame member having a top plate, a B: Lower Frame Member

bottom plate, and a side plate, wherein the top
plate and the bottom plate are substantially
coplanar and spaced apart, wherein the side
plate is connected to a portion of an outer
periphery of the top plate and a portion of an
outer periphery of the bottom plate;
a plurality of upright supports that each extend C1-C6: Upright Supports

from the upper frame member to the lower
frame member, each upright support having a D: Opening defined by A, B, C1 and C6.
first end and a second end, the first end of each
upright support is connected to the upper frame
member between the top plate and the bottom
plate, the second end of each upright support is
connected to the lower frame member between
the top plate and the bottom plate, wherein the
plurality of upright supports are pivotally
moveable between a collapsed position, where
the plurality of upright supports are pivoted
toward one another, and an expanded position,
and wherein two upright supports from the
EXHIBIT F
PAGE 3 OF 9

plurality of upright supports, the side plate of

the upper frame member, and the side plate of
the lower frame member define an ovoid
opening; and
a flexible cover that is connected to at least two E: Flexible Cover

of the upright supports.
12. The hanging chair of claim 11, wherein the E is configured as claimed.
flexible cover extends between adjacent pairs
of the upright supports, and the flexible cover
does not obstruct the ovoid opening defined by
the upright supports.
flexible cover includes pockets that enclose the
upright supports.
15. The hanging chair of claim 11, wherein the E is formed from an inelastic material.
flexible cover is formed from an inelastic
material.
flexible cover is configured to cover a majority
of a length of each of the upright supports.
a frame having a first frame member Frame defined by A: Upper Frame Member, B:
connectable to an external support structure Lower Frame Member, C1-C6: Upright
having a top plate, a bottom plate, and a side Supports, which define D: ovoid opening.
plate, wherein the side plate is connected to a
portion of an outer periphery of the top plate
and a portion of an outer periphery of the
bottom plate, a second frame member having a
top plate, a bottom plate, and a side plate,
wherein the side plate is connected to a portion
of an outer periphery of the top plate and a
portion of an outer periphery of the bottom
EXHIBIT F
PAGE 4 OF 9

plate, and a plurality of upright supports

having a substantially arcuate configuration
wherein each upright support extends from the
first frame member to the second frame
member, each upright support having a first
end and a second end, the first end of each
upright support is connected to the first frame
member between the top plate and the bottom
plate, the second end of each upright support is
connected to the second frame member
between the top plate and the bottom plate,
wherein two upright supports from the
plurality of upright supports define an ovoid
opening, and wherein the lower frame member
and the second end of each upright support
form a support surface;
a cover that is connected to at least two of the E: cover

upright supports and occupies spaces between
adjacent pairs of bars, and terminates at the
ovoid opening, such that the ovoid opening is
not obstructed by the cover; and
a seat cushion supported on the support surface I: Seat Cushion

defined by the frame.
EXHIBIT F
PAGE 5 OF 9

EXHIBIT F
PAGE 6 OF 9

EXHIBIT F
PAGE 7 OF 9

EXHIBIT F
PAGE 8 OF 9

EXHIBIT F
PAGE 9 OF 9

Exhibit
G
U.S. Design Patent No. D759,396 and Barton Chair Side-by-Side
Barton Hanging Chair

U.S. Design Patent No. D759,396, FIG. 1
EXHIBIT G
PAGE 1 OF 1

Worldwide Creations v. Stark Int&#39;l - Complaint

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Worldwide Creations v. Stark Int&#39;l - Complaint

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Case: 1:18-cv-06485 Document #: 1 Filed: 09/24/18 Page 1 of 8 PageID #:1

UNITED STATES DISTRICT COURT

WORLDWIDE CREATIONS, LLC, a

COMPLAINT FOR PATENT INFRINGEMENT

NATURE OF THE ACTION

2. The Plaintiff, Worldwide Creations, LLC (“Plaintiff”) is a Michigan limited

3. On information and belief, Defendant, Stark International, Inc. (“Defendant”), is a

4. On information and belief, Defendant does business using a number of assumed

JURISDICTION AND VENUE

5. On information and belief, Defendant has committed acts and continues to

action under 28 U.S.C. §§ 1331 and 1338(a).

not offend traditional notions of fair play and substantial justice.

7. On information and belief, venue is proper in this District under 28 U.S.C. §§

District or the State of Illinois.

8. Plaintiff realleges and incorporates by reference the allegations of paragraphs 1-7

above, as if fully set forth herein.

10. Plaintiff is the owner of the ‘284 patent by way of assignment.

and offer for sale the invention therein described.

Patent since at least as early as October 18, 2016.

under the name “Barton” (herein, the “Barton Hanging Chair”).

Defendant are included in Exhibit D.

Barton Hanging Chair is included as Exhibit E. As shown in Exhibit E, Defendant’s Barton

since at least June 8, 2018.

willful and deliberate.

cause Plaintiff damages.

21. The present case is an exceptional case, entitling Plaintiff to an award of

22. Plaintiff realleges and incorporates by reference the allegations of paragraphs 1-

21 above, as if fully set forth herein.

24. Plaintiff is the owner of the ‘048 patent by way of assignment.

and offer for sale the invention therein described.

Patent since at least as early as July 10, 2018.

include the Barton Hanging Chair.

Defendant are included in Exhibit D.

Barton Hanging Chair is included as Exhibit F. As shown in Exhibit F, Defendant’s Barton

cause Plaintiff damages.

33. The present case is an exceptional case, entitling Plaintiff to an award of

34. Plaintiff realleges and incorporates by reference the allegations of paragraphs 1-

33 above, as if fully set forth herein.

sell and offer for sale the invention therein described.

‘048 Patent since at least as early as June 21, 2016.

include the Barton Hanging Chair.

Defendant are included in Exhibit D.

patent since at least April 23, 2018.

been willful and deliberate.

cause Plaintiff damages.

47. The present case is an exceptional case, entitling Plaintiff to an award of

WHEREFORE, Plaintiff respectfully requests that this Court:

infringed Plaintiff’s patents.

B. Award Plaintiff all damages it has sustained as a result of Defendant’s patent

with them, from infringing, contributory infringing or inducing infringement of Plaintiff’s

remaining inventory of any infringing products.

DEMAND FOR JURY TRIAL

Plaintiff hereby requests a jury trial of all issues.

Date: September 24, 2018 Respectfully submitted,

/s/ Nicholas A. Kurk

Craig A. Redinger (Pro Hac Vice To Be Filed)

Attorneys for Plaintiff

Citizen or Subject of a 3 3 Foreign Nation 6 6

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

IF ANY JUDGE DOCKET NUMBER

UNITED STATES DISTRICT COURT

WORLDWIDE CREATIONS, LLC, a

Exhibit A U.S. Patent No. 9,468,284

Home & Garden Aqua Egg Patio Swing

Worldwide Creations v. Stark Int'l - Complaint

Worldwide Creations v. Stark Int'l - Complaint

Grey Egg Patio Swing

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