IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Whole Space Industries LTD, Plaintiff, v. Kenney Manufacturing Company, a Rhode Island corporation, Defendant.

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Case No.

Jury Trial Demanded

COMPLAINT

Plaintiff, Whole Space Industries LTD, by its attorneys, alleges as follows: 1. This is an action for infringement of United States Patent No. 8,113,261 arising

under the provisions of the Patent Act, 35 U.S.C. Sec. 1, et. seq. particularly 35 U.S.C. Sec. 271. Jurisdiction and Parties 2. Plaintiff, Whole Space Industries LTD (hereinafter "Whole Space") is a

Taiwanese corporation having an office at 11/F, 21, Sec. 6, Chung Hsiao E. Road, Taipei, Taiwan. 3. Whole Space makes and sells window covering products in this judicial district

and throughout the United States. 4. Upon information and belief, Kenney Manufacturing Company (hereinafter

"Kenney" or "Defendant") is a Rhode Island corporation having a principal office of business at 1000 Jefferson Boulevard, Warwick, Rhode Island 02886. 5. This Court has subject matter jurisdiction over this action under 28 U.S.C.

1331 and 1338(a).

6. 7.

Venue is proper in this District under 28 U.S.C. 1391 and 1400(b). This Court has personal jurisdiction over Kenney because Kenney has established

minimum contacts with the forum such that the exercise of personal jurisdiction over Kenney will not offend the traditional notions of fair play and substantial justice. In addition, this Court has personal jurisdiction over Kenney because Defendant has knowingly and actively engaged in acts that have infringed and will infringe and/or contribute, induce, aid and/or abet the direct infringement of claims of the Patent-in-Suit in this judicial district. ALLEGATIONS OF FACT The Patent-In-Suit 8. Whole Space is the owner of United States Patent No 8,113,261 for Window

Covering ("the '261 Patent"). A copy of the '261 Patent is attached as Exhibit A. 9. The '261 Patent discloses and claims window coverings. The drawings in the

patent illustrate a type of window covering known as a Roman Shade. 10. The claimed window covering includes a mounting device, a roller attached to the

mounting device such that the roller is rotatable in a first direction and a second direction opposite the first direction, an actuation device attached to the roller that is configured to move the roller to rotate the roller in at least one of the first direction and the second direction, a front member comprised of window covering material that has an upper portion attached to the mounting device that is moveable from a retracted position to an extended position and a second member comprised of window covering material. The second member has an upper portion, a bottom portion, a first side and a second side opposite the first side. The upper portion of the second member is attached to the roller such that rotation of the roller in the first direction winds the second member about the roller to retract the second member and rotation of the roller in the

2.

second direction unwinds the second member from the roller to extend the second member. The bottom portion of the second member is attached to the bottom portion of the front member. The window covering also includes a plurality of generally U-shaped members. Each U-shaped member has a first end portion, a second end portion, and a middle portion between the first end portion and the second end portion. The first end portion of each U-shaped member is attached to the front member. The second end portion of each U-shaped member extends from the middle portion to the second member to engage the second side of the second member. Each U-shaped member is positioned such that each U-shaped member is substantially parallel to other Ushaped members. The second end portions of the U-shaped members are sized and configured to cause the front member to form substantially parallel folds when the second member is wound about the roller to retract the front member to the retracted position. The Kenney Truly CordFree Product 11. Kenney distributes window covering products including a line of window

coverings under the "Truly CordFree" brand name. These products are sold and offered for sale throughout the United States and in this judicial district. 12. Attached hereto as Exhibit B is a press release issued by Kenney that describes its

"Truly CordFree" products as a window treatment. 13. The Kenney "Truly CordFree" products are a "window treatment" and are referred

to by Kenney as "Roman Shades". (See Exhibit B). 14. The Kenney "Truly CordFree" products include a wand that can be installed on

either the right or left side of the shade that lifts and lowers the shade by a twist of the wand. (See Exhibit B).

3.

15.

The Kenney "Truly CordFree" products include a "mounting system that allows

for the common inside or outside styles of mounting". (See Exhibit B). 16. The Kenney "Truly CordFree" products are made from a variety of fabrics as well

as faux jute and natural materials such as bamboo for covering a window. (See Exhibit B). 17. B). 18. Attached hereto as Exhibit C are photos taken of one of Kenney's "Truly The Kenney "Truly CordFree" products do not include any cords. (See Exhibit

CordFree" products. 19. One image that illustrates the design of the Kenney "Truly CordFree" products is

provided below with a marking "A" and an arrow that points to an element that extends from the front sheet of the shade to a rear mesh sheet of the shade.

4.

20.

An enlarged image of an element "A" identified in the above image, which

extends from a front sheet of the shade to a rear mesh sheet of the shade in the Kenney "Truly CordFree" products is provided below.

5.

21.

An image illustrating how the element "A" identified in the above images is

attached or used in the Kenney "Truly CordFree" products is provided below.

6.

end attached to front sheet

end engages mesh sheet

A 22. 23. 24.

front sheet

mesh sheet

The Kenney "Truly CordFree" products include a mounting device. The Kenney "Truly CordFree" products include a roller. The Kenney "Truly CordFree" products include an actuation device attached to

the roller that is configured to move the roller to rotate the roller in at least one direction. 25. The Kenney "Truly CordFree" products include a front member comprised of

window covering material that is moveable from a retracted position to an extended position. 26. Kenney "Truly CordFree" products include a second member comprised of

window covering material that is attached to the roller so that rotation of the roller in one direction winds the second member about the roller to retract the second member and rotation of the roller in the second direction unwinds the second member from the roller to extend the second member. 27. members. Kenney "Truly CordFree" products include a plurality of generally U-shaped

7.

28.

The generally U-shaped members of the Kenney "Truly CordFree" products have

a first end portion, a second end portion and a middle portion between the first end portion and the second end portion. 29. The first end portion of each of the generally U-shaped members of the Kenney

"Truly CordFree" products are attached to the front member. 30. The second end portion of each of the generally U-shaped members of the

Kenney "Truly CordFree" products engages a rear side of a mesh sheet that extends from the roller of the Kenney "Truly CordFree" products. 31. Each generally U-shaped member of the Kenney "Truly CordFree" products are

parallel with other generally U-shaped members. 32. The second end portions of the U-shaped members that engage the mesh sheet are

sized and configured to cause the front member to form substantially parallel folds when the second member is wound about the roller to retract the front member to the retracted position. 33. A bottom portion of the mesh material extending from the roller of the Kenney

"Truly CordFree" products is attached to a bottom portion of the front sheet of the Kenney "Truly CordFree" products. 34. The Kenney "Truly CordFree" products include each and every limitation of at

least claims 1 and 3 of the '261 Patent.

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35.

Kenney distributes sells or otherwise uses its window coverings under the "Truly

CordFree" brand name to retailers such as Wal-Mart, Shopko, Curtain and Bath Outlet, Marburn Curtain Warehouse, the Curtainshop, and Rona. 36. On information and belief, Kenney advertises its "Truly CordFree" window

coverings as being sold at Wal-Mart, Shopko, Curtain and Bath Outlet, Marburn Curtain Warehouse, the Curtainshop, and Rona. 37. On information and belief Kenny owns and operates a website available via the

internet at the uniform resource locator ("URL") of http://www.kenney.com/engwincov.html. 38. website. 39. Attached hereto as Exhibit E are copies of website materials from Wal-Mart that Attached hereto as Exhibit D are copies of website materials from the kenney.com

offer Kenney products. 40. On information and belief, the Kenney website provides a link to the Wal-Mart

website materials that advertise Kenney "Truly CordFree" window covering products for sale. 41. On information and belief, the Kenney website provides a link to the URL

http://www.walmart.com/search/searchng.do?search_query=truly+cordfree+roman+shades&ic=48_0&Find=Find&search_constraint=0 upon actuation of a link on the web page found at the URL .http://www.kenney.com/engwincov.html.

9.

42.

On information and belief, Kenney "Truly CordFree" window covering products

are distributed to Wal-Mart to be sold by Wal-Mart in this judicial district. 43. On information and belief, Kenney "Truly CordFree" window covering products

are sold to customers located in Allegheny County, Pennsylvania and other locations within this judicial district. 44. On information and belief, Kenney advertises its "Truly CordFree" window

covering products in this judicial district to solicit sales of its "Truly CordFree" window covering products. 45. On information and belief, Kenney has engaged in communications, sales calls, or

conducted other business in Allegheny County, Pennsylvania and other locations within this judicial district to solicit sales of its "Truly CordFree" window covering products. Kenney Had Notice Of The Claims Of The '261 Patent 46. On January 31, 2012, Whole Space's attorneys sent a letter to Kenney identifying

the claims allowed in the application that issued as the '261 Patent. 47. Kenney's attorneys responded to the January 31, 2012 letter in a letter dated

February 10, 2012.

10.

Count I - Infringement of the 261 Patent 48. herein. 49. At least claims 1 and 3 of the '261 Patent read on the Kenney "Truly Cord Free" Whole Space restates and realleges the foregoing allegations as if fully stated

window covering products such that these products infringe at least claims 1 and 3 of the '261 Patent. 50. Kenney's use, advertisement, sale and offer for sale of the "Truly Cord Free"

window covering products have been without the consent of Whole Space. 51. The continued sale and offer for sale of the Truly Cord Free" window covering

products constitute willful and intentional infringement of the 261 Patent, are in total disregard of Whole Space's rights and have continued in spite of Defendant's knowledge that the manufacture, use, sale and offer for sale of the products would be in direct contravention of Whole Space's rights. 52. Kenney has infringed and continues to infringe at least claims 1 and 3 of the 261

Patent in violation of 35 U.S.C. 271(a). 53. Kenney has indirectly infringed and continues to indirectly infringe at least claims

1 and 3 of the 281 patent in violation of 35 U.S.C. 271(b) and (c), by actively inducing such infringement with knowledge of the '261 Patent and by contributing to the infringement of such patent. 54. The Kenney "Truly CordFree" window covering products are not a staple article

of commerce suitable for substantial noninfringing use. WHEREFORE, Plaintiff prays:

11.

(a) 8,113,261; (b) Patent; (c)

That Defendant be adjudged to have infringed United States Patent No.

That Defendant be enjoined and restrained from further infringement of the '261

That Defendant be required to pay damages to Whole Space for injuries sustained

by Whole Space as a result of its infringement of said patent, in an amount to be determined at trial, and that those damages resulting from Defendant's infringement of said patent be trebled by reason of Defendant's willful infringement, together with interest pursuant to 35 U.S.C. 284; (d) That Defendant be required to account for any and all profits derived by it by

reason of the acts complained of in this Count pursuant to 35 U.S.C. 289; (e) That Defendant be required to deliver to Whole Space for destruction all of its

"Truly CordFree" products; (f) That Defendant be required to deliver to Whole Space for destruction all other

merchandise which infringes said '261 Patent; (g) (h) That this case be found to be an exceptional case pursuant to 35 U.S.C. 285; That Whole Space may have a judgment for costs, including its reasonable

attorneys fees; and

12.

(i)

That Whole Space may have such other and further relief as the equities of the

case may require and to the Court may seem just. A JURY TRIAL IS DEMANDED. WHOLE SPACE INDUSTRIES LTD

February 16, 2011

By _/s/ Lynn J. Alstadt Lynn J. Alstadt PA I.D. No. 23487 Ralph Fischer PA I.D. No. 200793 BUCHANAN INGERSOLL & ROONEY PC One Oxford Centre 301 Grant Street Pittsburgh, PA 15219 Telephone 412-562-1632 Attorney for Plaintiff

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