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Cabeau, Inc.,
Civil Action No. ___________
Plaintiff,
COMPLAINT FOR PATENT
v. INFRINGEMENT
Allnet, Inc.,
DEMAND FOR JURY TRIAL
Defendant.
Plaintiff Cabeau, Inc. (“Plaintiff” or “Cabeau”) for its complaint against Defendant Allnet,
1. This is a civil action for the infringement of United States Design Patent No.
D619,402 (the “’402 patent”) and United States Patent Nos. 9,526,360 (the “’360 patent”) and
9,635,962 (the “’962 patent”) (collectively, the “patents-in-suit”) under the patent laws of the
United States, 35 U.S.C. § 100 et seq., arising from Allnet’s manufacture, use, offer to sell and/or
PARTIES
2. Cabeau is a corporation organized and existing under the laws of California, with a
principal place of business at 21700 Oxnard Street, #900, Woodland Hills, CA 91367.
3. On information and belief, Allnet is a corporation organized and existing under the
laws of Texas, with a principal place of business at 10355 Landsbury Dr., Suite 316, Houston, TX
77479.
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4. This action arises under the patent laws of the United States, including 35 U.S.C.
5. This Court has jurisdiction over the subject matter of this action pursuant to 28
6. This Court has personal jurisdiction over Allnet because, on information and belief,
Allnet is a corporation organized and existing under the laws of Texas with a principal place of
information and belief, Allnet, inter alia, has continuous and systematic contacts with Texas and
with this District, regularly conducts business in Texas and in this District, either directly or
through one or more of its affiliates, agents, and/or alter egos, has purposefully availed itself of
the privilege of doing business in Texas and in this District, has offered, sold, and advertised
infringing products in Texas and in this District, and has purposefully directed activities at
residents of Texas and this District. As such, Allnet has established sufficient minimum contacts
with this District such that it would reasonably and fairly anticipate being called into court in this
District.
8. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400(b) because,
inter alia, Allnet is a corporation organized and existing under the laws of Texas with a principal
FACTUAL BACKGROUND
9. Cabeau is a global leader in the travel product industry. As a result of its significant
investment in innovation and careful attention to detail, Cabeau has developed distinctive designs
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and a unique level of craftsmanship that have revolutionized the market for comfort products and
on-the-go gear. In particular, Cabeau’s flagship product, the Evolution® Pillow, is one of the best-
10. As a direct result of its advanced design, the Evolution® Pillow was an instant
success. Analysts and consumers alike praised the product as a game-changer. For instance,
People Magazine listed the Evolution® Pillow as one of its top “Travel Picks.” Examiner.com
noted that the Evolution® Pillow has “revolutionized the concept” of travel pillows. Likewise, The
Travel Insider described the “clever design” as a breakthrough. No travel pillow product that
preceded the Evolution® Pillow came close to its level of sophistication and quality, and the
market responded by quickly making the product a ubiquitous best-seller in its category.
11. Cabeau has invested significant time, effort and capital in presenting the
Evolution® Pillow at trade shows and extensively advertising the Evolution® Pillow throughout
the United States in a variety of media channels, including the Internet, magazines, newsletters,
catalogs and newspapers—with the vast majority of the advertisements featuring photographs of
the product’s distinctive design. Cabeau has invested millions of dollars in advertising
12. Cabeau sells or has sold the Evolution® Pillow through nationwide mass market
retailers, including without limitation Target, REI, Bed, Bath & Beyond, and Bloomindales.
Cabeau also sells or has sold the Evolution® Pillow through targeted channels, such as Hudson
News and Paradies Lagarder, which sell the product in major airports and transportation hubs
13. Cabeau also sells the Evolution® Pillow via its own website at
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14. Cabeau’s Evolution® Pillow has received unsolicited comment and attention in
print and broadcast media throughout the United States, including mainstream media outlets such
as ABC News, The New York Times, the Los Angeles Times, USA Today, MSNBC, Gizmodo
and The Washington Post. The Evolution® Pillow is routinely the subject of positive commentary
15. Accordingly, the Cabeau Evolution® Pillow product design has come to represent
and symbolize the superb quality of Cabeau’s products and enjoys substantial goodwill among
consumers. That quality and goodwill has made the Evolution® Pillow a number one best-seller
in stores across the United States despite its high price point compared to competitors’ products.
Consumers have consistently demonstrated they are willing to pay more for the premium quality
and superior design of the Evolution® Pillow; its success speaks for itself.
16. Cabeau has protected its innovative designs though intellectual property rights.
Among those are the patents-in-suit which cover many of the distinctive ornamental or useful
features of the Evolution® Pillow, which is duly marked with United States Design Patent No.
17. Allnet has been, and presently is, using, making, selling, offering for sale, and/or
importing products that infringe Cabeau’s patents, including patents covering design and useful
18. Allnet sells and offers for sale the Allgala Memory Foam Contoured Travel Neck
Pillow (the “Allgala pillow”) on its own website http://www.allgala.com and through other online
Cabeau’s intellectual property rights, including the ’402 patent specifically, and requested that
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Allnet cease and desist from using, making, selling, offering for sale, or importing products that
THE PATENTS-IN-SUIT
21. The ’402 patent, entitled “Travel Pillow,” was duly and lawfully issued by the
United States Patent and Trademark Office (“USPTO”) on July 13, 2010. Cabeau acquired the
’402 patent by assignment on September 29, 2014 and duly recorded the assignment with the
USPTO. Cabeau owns all right, title, and interest in the ’402 patent. A true and correct copy of
22. The ’360 patent, entitled “Travel Pillow,” was duly and lawfully issued by the
USPTO on December 27, 2016. Cabeau owns all right, title, and interest in the ’360 patent. A
true and correct copy of the ’360 patent is attached hereto as Exhibit B.
23. The ’962 patent, entitled “Travel Pillow,” was duly and lawfully issued by the
USPTO on May 2, 2017. Cabeau owns all right, title, and interest in the ’962 patent. A true and
COUNT I
INFRINGEMENT OF THE ’402 PATENT
24. Cabeau restates, realleges, and incorporates by reference paragraphs 1-23 as if fully
25. Allnet has been, and presently is, willfully infringing the ’402 patent by making,
using, selling, offering for sale, and/or importing pillows that embody the invention claimed by
26. The accused pillows imported to, offered for sale, or sold into the United States by
Allnet, including without limitation those sold as the Allgala pillow, directly infringe the ’402
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patent. Rather than develop their own unique style for travel pillow products, Allnet has blatantly
27. By way of example, the images below compare elements of the ’402 patent’s
https://allgala.com/collections/decoration/products/allgala-memory-foam-contoured-travel-neck-
pillow-with-matching-eye-mask:
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28. Cabeau has complied with the statutory requirement of placing a notice of the ’402
Patent on all Evolution® Pillows it manufactures and sells and has given Allnet written notice of
their infringement.
29. Allnet had actual or constructive notice of their infringement prior to Cabeau’s
COUNT II
INFRINGEMENT OF THE ’360 PATENT
30. Cabeau restates, realleges, and incorporates by reference paragraphs 1-29 as if fully
31. Allnet has been, and presently is, willfully infringing the ’360 patent by making,
using, selling, offering for sale, and/or importing pillows that embody the invention claimed by
32. The accused pillows imported to, offered for sale, or sold into the United States by
Allnet, including without limitation those sold as the Allgala pillow, directly infringe, either
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literally or under the doctrine of equivalents, the ’360 patent. Without limitation, the infringed
33. By way of example, the images below compare claim 1 of the ’360 patent and the
memory-foam-contoured-travel-neck-pillow-with-matching-eye-mask:
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34. Cabeau has complied with the statutory requirement of placing a notice of the ’360
Patent on all Evolution® Pillows it manufactures and sells and has given Allnet written notice of
their infringement.
35. Allnet had actual or constructive notice of their infringement prior to Cabeau’s
COUNT III
INFRINGEMENT OF THE ’962 PATENT
36. Cabeau restates, realleges, and incorporates by reference paragraphs 1-35 as if fully
37. Allnet has been, and presently is, willfully infringing the ’962 patent by making,
using, selling, offering for sale, and/or importing pillows that embody the invention claimed by
38. The accused pillows imported to, offered for sale, or sold into the United States by
Allnet, including without limitation those sold as the Allgala pillow, directly infringe, either
literally or under the doctrine of equivalents, the ’962 patent. Without limitation, the infringed
claims include at least claims 1-4 and 6-15 of the ’962 patent.
39. By way of example, the images below compare claim 1 of the ’962 patent and the
memory-foam-contoured-travel-neck-pillow-with-matching-eye-mask:
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40. Cabeau has complied with the statutory requirement of placing a notice of the ’962
Patent on all Evolution® Pillows it manufactures and sells and has given Allnet written notice of
their infringement.
41. Allnet had actual or constructive notice of their infringement prior to Cabeau’s
1. A judgement declaring that Allnet has infringed the ’402, ’360, and ’962 patents;
agents, employees, parents, affiliates, and subsidiaries, and all persons and entities acting in
concert with Allnet or on its behalf from directly or indirectly making, using, importing, exporting,
offering for sale, or selling the Allgala pillow or any other products infringing the ’402, ’360, or
’962 patents;
3. A judgement directing that any pillows or other goods in the possession or under
the control of Allnet that infringe the ’402, ’360, or ’962 patents be delivered up and destroyed
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within 10 days of entry of judgement, and that all instrumentalities used in the production of such
pillows or other goods, including any and all items, objects, tools, machines, mold, and equipment
used in such production, be delivered up and destroyed within 10 days of entry of judgement;
4. A judgement directing Allnet to provide Cabeau with the contact names, phone
numbers, and email addresses of any suppliers of any pillows or other goods that infringe the ’402,
Allnet, and in no event less than a reasonable royalty for the use of the inventions;
by law;
10. Such additional further relief that the Court may deem just and proper.
JURY DEMAND
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff Cabeau, Inc.
hereby demands a trial by jury on any and all issues so triable pursuant to the Seventh Amendment
(310) 595-3000
Chelsea.DalCorso@dlapiper.com
OF COUNSEL:
Tamany J. Vinson Bentz
Carolina L. Veltri
DLA PIPER LLP (US)
2000 Avenue of the Stars
Suite 400 North Tower
Los Angeles, CA 90067
(310) 595-3000
Tamany.Bentz@dlapiper.com
Carolina.Veltri@dlapiper.com
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