Case 2:22-cv-09210 Document 1 Filed 12/19/22 Page 1 of 21 Page ID #:1

1 Franklin D. Kang (SBN 192314)

ONE LLP
2 23 Corporate Plaza, Suite 150-105
3 Newport Beach, CA 92660
Telephone: (949) 502-2870
4 Facsimile: (949) 258-5081
[email protected]
5

6
George D. Moustakas (Pro Hac Vice
forthcoming)
7 HARNESS, DICKEY & PIERCE,
P.L.C.
8 5445 Corporate Drive, Suite 200
Troy, MI 48098
9 Telephone: (248) 641-1600
10 Facsimile: (248) 641-0270
[email protected]
11
Attorneys for Plaintiff,
12 Liberty Hardware Mfg. Corp.
13 UNITED STATES DISTRICT COURT
14 CENTRAL DISTRICT OF CALIFORNIA
15 WESTERN DIVISION
16
LIBERTY HARDWARE MFG. CORP., Case No. 2:22-cv-9210
17 a North Carolina corporation,
COMPLAINT FOR PATENT
18 Plaintiff, INFRINGEMENT
19 v. JURY TRIAL DEMANDED
20 CONTRACTORS WARDROBE, INC., a
California corporation,
21
Defendant.
22

23

24

25

26

27

28

30
COMPLAINT
31
 Case 2:22-cv-09210 Document 1 Filed 12/19/22 Page 2 of 21 Page ID #:2

1 Plaintiff, LIBERTY HARDWARE MFG. CORP. (“Liberty” or “Plaintiff”) files this

2 Complaint against Defendant, CONTRACTORS WARDROBE, INC. (“CW” or
3 “Defendant”) and alleges as follows:
4 NATURE OF THE ACTION
5 1. This is a civil action for patent infringement under 35 U.S.C. § 271, et. seq.,
6 by Liberty against CW for infringement of U.S. Patent No. 9,676,543 (“the ‘543 patent”),
7 U.S. Patent No. 9,743,810 (“the ‘810 patent”), U.S. Patent No. 10,024,093 (“the ‘093
8 patent”), U.S. 10,280,666 (“the ‘666 patent”), U.S. Design Patent No. D729,055 (“the ‘055
9 patent”), and U.S. Design Patent No. D739,726 (“the ‘726 patent”) (collectively “the
10 patents in suit”), by making, using, offering to sell, and selling shower door components
11 and assemblies.
12 PARTIES
13 2. Plaintiff Liberty Hardware Mfg. Corp. is a corporation organized and existing
14 under the laws of North Carolina, having a principal place of business at 140 Business Park
15 Drive, Winston-Salem, North Carolina 27107.
16 3. Defendant Contractors Wardrobe, Inc. is a corporation organized and existing
17 under the laws of California with a principal place of business at 26121 Avenue Hall,
18 Valencia, California 91355.
19 4. CW is engaged in the business of manufacturing, offering for sale and selling
20 shower door components and assemblies. CW is a competitor of Liberty in the shower
21 door and bath market.
22 JURISDICTION AND VENUE
23 5. This Court has subject matter jurisdiction over the matters asserted in this
24 Complaint under 28 U.S.C. §§ 1331 and 1338(a).
25 6. This Court has personal jurisdiction over CW because it has committed acts
26 of patent infringement and/or contributed to or induced acts of patent infringement by
27 others in the State of California and in this District and is incorporated in the State of
28 California and resides in this District.
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1 7. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400(b).

2 CW has committed acts giving rise to Liberty’s claims within and directed to this District,
3 resides in this District, and has a regular and established place of business in this District.
4 THE ‘543 PATENT
5 8. The ‘543 patent, titled “Shower Door Glass Pane Packaging Assembly” issued
6 on June 13, 2017. The ‘543 patent issued from U.S. Application No. 14/167,235 filed on
7 January 29, 2014. A true and accurate copy of the ‘543 patent is attached as Exhibit A.
8 9. Liberty is the owner by assignment of all right, title and interest in and to the
9 ‘543 patent. A true and accurate copy of the ‘543 patent Assignment is attached as Exhibit
10 B.
11 10. As the owner of the ‘543 patent, Liberty is authorized and has standing to
12 bring legal action to force all rights arising under the ‘543 patent.
13 THE ‘810 PATENT
14 11. The ‘810 patent, titled “Shower Door Guide Assembly” issued on August 29,
15 2017. The ‘810 patent issued from U.S. Application No. 14/814,921 filed on July 31, 2015.
16 A true and accurate copy of the ‘810 patent is attached as Exhibit C.
17 12. Liberty is the owner by assignment of all right, title and interest in and to the
18 ‘810 patent. A true and accurate copy of the ‘810 patent Assignment is attached as Exhibit
19 D.
20 13. As the owner of the ‘810 patent, Liberty is authorized and has standing to
21 bring legal action to force all rights arising under the ‘810 patent.
22 THE ‘093 PATENT
23 14. The ‘093 patent, titled “Shower Door Guide Assembly” issued on July 17,
24 2018. The ‘093 patent issued from U.S. Application No. 15/668,033 filed August 3, 2017,
25 which application is a continuation of U.S. Application No. 14/814,921 filed on July 31,
26 2015, now Patent No. 9,743,810. A true and accurate copy of the ‘093 patent is attached
27 as Exhibit E.
28
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1 15. Liberty is the owner by assignment of all right, title and interest in and to the
2 ‘093 patent. A true and accurate copy of the ‘093 patent Assignment is attached as Exhibit
3 F.
4 16. As the owner of the ‘093 patent, Liberty is authorized and has standing to
5 bring legal action to force all rights arising under the ‘093 patent.
6 THE ‘666 PATENT
7 17. The ‘666 patent, titled “Shower Door Guide Assembly” issued on May 7,
8 2019. The ‘666 patent issued from U.S. Application No. 16/018,505 filed June 26, 2018,
9 which is a continuation of U.S. 15/668,033 filed August 3, 2017, now Patent No.
10 10,024,093, which is a continuation of U.S. Application No. 14/814,921 filed on July 31,
11 2015, now Patent No. 9,743,810. A true and accurate copy of the ‘666 patent is attached
12 as Exhibit G.
13 18. Liberty is the owner by assignment of all right, title and interest in and to the
14 ‘666 patent. A true and accurate copy of the ‘666 patent Assignment is attached as Exhibit
15 H.
16 19. As the owner of the ‘666 patent, Liberty is authorized and has standing to
17 bring legal action to force all rights arising under the ‘666 patent.
18 THE ‘055 PATENT
19 20. The ‘055 patent, titled “Door Packaging” issued on May 12, 2015. The ‘055
20 patent issued from U.S. Application No. 29/480,728 filed January 29, 2014. A true and
21 accurate copy of the ‘055 patent is attached as Exhibit I.
22 21. Liberty is the owner by assignment of all right, title and interest in and to the
23 ‘055 patent. A true and accurate copy of the ‘055 patent Assignment is attached as Exhibit
24 J.
25 22. As the owner of the ‘055 patent, Liberty is authorized and has standing to
26 bring legal action to force all rights arising under the ‘055 patent.
27 ///
28 ///
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1 THE ‘726 PATENT

2 23. The ‘726 patent, titled “Door Package” issued on September 29, 2015. The
3 ‘726 patent issued from U.S. Application No. 29/480,731 filed January 29, 2014. A true
4 and accurate copy of the ‘726 patent is attached as Exhibit K.
5 24. Liberty is the owner by assignment of all right, title and interest in and to the
6 ‘726 patent. A true and accurate copy of the ‘726 patent Assignment is attached as Exhibit
7 L.
8 25. As the owner of the ‘726 patent, Liberty is authorized and has standing to
9 bring legal action to force all rights arising under the ‘726 patent.
10 FACTUAL BACKGROUND
11 26. Liberty, founded in 1942, is one of the industry’s leading manufacturers of
12 high-quality decorative and functional hardware solutions, and decorative accessories for
13 the home.
14 27. Liberty has and continues to employ engineers and designers with experience
15 in designing, developing, and manufacturing shower and bath product offerings including,
16 shower door components and assemblies for the shower and bath market.
17 28. Liberty through innovation and engineering, designed and developed an in-
18 store shower and bath component-based system.
19 29. Through its multiple brands including Liberty, Brainerd, Franklin Brass and
20 Delta, Liberty offers shower door components and assemblies through in-store shower and
21 bath component-based systems at Home Depot, Lowes and similar retailers.
22 30. In 2012, Liberty sought protection of its component-based system by filing
23 multiple patent applications generally directed to in-store bath and component-based
24 systems, merchandising, product components and product packaging.
25 31. On information and belief, in 2020 CW launched a component-based program
26 at Menard’s known as the CW Select Products Program.
27 32. On December 11, 2020, Liberty put CW on notice of infringement. Exhibit
28 M.
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1 33. Despite considerable efforts to stop CW’s infringing acts, CW continues to

2 make, use, offer for sale and sell through Menards as part of its Cw Select Products
3 Program, infringing products under the Cw Select Coast, Cw Select Ariel, Cw Select
4 Surfliner, Cw Select Zephyr family of products, in various sizes, colors, finishes and glass
5 types (“Accused Product”).
6 34. An exemplar presentation of the infringing products at Menards, is pictorially
7 represented by the following:
8

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10
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15
16
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1 35. A non-limiting example of an Accused Product, component-based product

2
component and product packaging, offered for sale and sold through Menards from the
3

4 CW Select Products Program, is the Cw Select Surfliner, pictorially represented as follows:

5
6
7
8

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24 COUNT I
25 (INFRINGEMENT OF THE ‘543 PATENT)
26 36. Plaintiff reallages and incorporates by reference all of the preceding
27 paragraphs as if fully set forth in this paragraph.
28
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1 37. On information and belief, Accused Product that infringe one or more claims
2 of the ‘543 patent can be found at the CW website at https://cwdoors.com/cwselect/ and
3 therein, CW notes “Cw Select is currently available online and in-store at multiple, trusted
4 retailers” with a “Shop CW Select” hyperlink to
5 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select.
6 38. A non-limiting example of the Accused Product known as Cw Select
7 Surfliner, is sold through Menards via the web and in-store.
8 39. On information and belief, the representative Accused Product, Cw Select
9 Surfliner is substantially the same for purposes of infringement as the Accused Product.
10 40. A claim chart that applies independent Claim 1 of the ‘543 patent to the
11 representative product is attached to this Complaint as Exhibit N. The remaining Accused
12 Products practice all the limitations of Claim 1.
13 41. CW has directly infringed and continues to directly infringe, and/or has
14 actively and knowingly induced and continues to actively and knowingly induce the
15 infringement of one or more claims of the ‘543 patent, either literally or under the doctrine
16 of equivalents, by advertising, distributing, making, using, selling, and/or offering for sale
17 within the United States.
18 42. CW had notice of the ‘543 patent at least as early as December 11, 2020.
19 Exhibit M. Despite knowledge and notice of the ‘543 patent, CW has continued to offer
20 for sale and sell the Accused Product to customers in the United States, through Menards,
21 without the consent or authority of Liberty. Notwithstanding this knowledge, CW has
22 knowingly or with reckless disregard, willfully infringe the ‘543 patent and has acted
23 despite an objectively high likelihood that its actions constitute infringement of Liberty’s
24 valid patent rights.
25 43. On information and belief, CW actively induces others to infringe the ‘543
26 patent by selling the Accused Products to others with materials and instructions for
27 operation, with specific intent and knowledge the materials direct, teach or to assist others
28 to infringe the ‘543 patent. For example, on information and belief, CW induced
30 8
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1 infringement of the ‘543 patent by encouraging and facilitating the infringing use of the
2 Accused Product by users of the Accused Products in the United States, and by taking
3 active steps to encourage and facilitate others direct infringement of the ‘543 patent with
4 knowledge of that infringement. The affirmative acts include, without limitation,
5 advertising, marketing, promoting, offering for sale and/or selling the Accused Products
6 through Menards as shown at
7 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select
8 and in-store as noted supra. CW further provides instructions, user manuals, advertising
9 and/or marketing materials on its website and as product packaging to facilitate, direct or
10 encourage the direct infringement in the United States. CW’s infringing acts have cause
11 or are continuing to cause damage and/or irreparable injury to Liberty, and Liberty will
12 continue to suffer damage and irreparable injury unless and until CW’s infringing acts are
13 enjoined by this Court.
14 44. Liberty is entitled to injunctive relief in accordance with 35 U.S.C. §§ 271,
15 281, 283, and 284.
16 45. CW’s infringement of the ‘543 patent has been and continues to be willful and
17 deliberate, justifying a trebling of damages under 35 U.S.C. § 284.
18 46. CW’s infringement of the ‘543 patent is exceptional and entitles Liberty to
19 attorney’s fees and costs under 35 U.S.C. § 285.
20 47. Therefore, Liberty seeks judgment that CW directly infringes and/or
21 indirectly infringes at Claim 1 of the ‘543 patent.
22 COUNT II
23 (INFRINGEMENT OF THE ‘810 PATENT)
24 48. Plaintiff reallages and incorporates by reference all of the preceding
25 paragraphs as if fully set forth in this paragraph.
26 49. On information and belief, Accused Product that infringe one or more claims
27 of the ‘810 patent can be found at the CW website at https://cwdoors.com/cwselect/ and
28 therein, CW notes “Cw Select is currently available online and in-store at multiple, trusted
30 9
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 Case 2:22-cv-09210 Document 1 Filed 12/19/22 Page 10 of 21 Page ID #:10

1 retailers” with a “Shop CW Select” hyperlink to

2 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select.
3 50. A non-limiting example of the Accused Product known as Cw Select
4 Surfliner, is sold through Menards via the web and in-store.
5 51. On information and belief, the representative Accused Product, Cw Select
6 Surfliner is substantially the same for purposes of infringement as the Accused Product.
7 52. A claim chart that applies independent Claim 1 of the ‘810 patent to the
8 representative product is attached to this Complaint as Exhibit O. The remaining Accused
9 Products practice all the limitations of Claim 1.
10 53. CW has directly infringed and continues to directly infringe, and/or has
11 actively and knowingly induced and continues to actively and knowingly induce the
12 infringement of one or more claims of the ‘810 patent, either literally or under the doctrine
13 of equivalents, by advertising, distributing, making, using, selling, and/or offering for sale
14 within the United States.
15 54. CW had notice of the ‘810 patent at least as early as December 11, 2020.
16 Exhibit M. Despite knowledge and notice of the ‘810 patent, CW has continued to offer
17 for sale and sell the Accused Product to customers in the United States, through Menards,
18 without the consent or authority of Liberty. Notwithstanding this knowledge, CW has
19 knowingly or with reckless disregard willfully infringe the ‘810 patent and has acted
20 despite an objectively high likelihood that its actions constitute infringement of Liberty’s
21 valid patent rights.
22 55. On information and belief, CW actively induces others to infringe the ‘810
23 patent by selling the Accused Products to others with materials and instructions for
24 operation, and with specific intent and knowledge of the materials direct, teach or to assist
25 others to infringe the ‘810 patent. For example, upon information and belief, CW induced
26 infringement of the ‘810 patent by encouraging and facilitating the infringing use of the
27 Accused Product by users of the Accused Products in the United States, and by taking
28 active steps to encourage and facilitate others direct infringement of the ‘810 patent with
30 10
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1 knowledge of that infringement. The affirmative acts include, without limitation,

2 advertising, marketing, promoting, offering for sale and/or selling the Accused Products
3 through Menards as shown at
4 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select
5 and in-store as noted supra. CW further provides instructions, user manuals, advertising
6 and/or marketing materials on its website and as product packaging to facilitate, direct or
7 encourage the direct infringement in the United States. CW’s infringing acts have cause
8 or continuing to cause damage and/or irreparable injury to Liberty, and Liberty will
9 continue to suffer damage and irreparable injury unless and until CW’s infringing acts are
10 enjoined by this Court.
11 56. Liberty is entitled to injunctive relief in accordance with 35 U.S.C. §§ 271,
12 281, 283, and 284.
13 57. CW’s infringement of the ‘810 patent has been and continues to be willful and
14 deliberate, justifying a trebling of damages under 35 U.S.C. § 284.
15 58. CW’s infringement of the ‘810 patent is exceptional and entitles Liberty to
16 attorney’s fees and costs under 35 U.S.C. § 285.
17 59. Therefore, Liberty seeks judgment that CW directly infringes and/or
18 indirectly infringes at Claim 1 of the ‘810 patent.
19 COUNT III
20 (INFRINGEMENT OF THE ‘093 PATENT)
21 60. Plaintiff reallages and incorporates by reference all of the preceding
22 paragraphs as if fully set forth in this paragraph.
23 61. On information and belief, Accused Product that infringe one or more claims
24 of the ‘093 patent can be found at the CW website at https://cwdoors.com/cwselect/ and
25 therein CW notes “Cw Select is currently available online and in-store at multiple, trusted
26 retailers” with a “Shop CW Select” hyperlink to
27 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select.
28
30 11
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1 62. A non-limiting example of the Accused Product known as Cw Select

2 Surfliner, is sold through Menards via the web and in-store.
3 63. On information and belief, the representative Accused Product, Cw Select
4 Surfliner is substantially the same for purposes of infringement as the Accused Product.
5 64. A claim chart that applies independent Claim 1 of the ‘093 patent to the
6 representative product is attached to this Complaint as Exhibit P. The remaining Accused
7 Products practice all the limitations of Claim 1.
8 65. CW has directly infringed and continues to directly infringe, and/or has
9 actively and knowingly induced and continues to actively and knowingly induce the
10 infringement of one or more claims of the ‘093 patent, either literally or under the doctrine
11 of equivalents, by advertising, distributing, making, using, selling, and/or offering for sale
12 within the United States.
13 66. CW had notice of the ‘093 patent at least as early as December 11, 2020.
14 Exhibit M. Despite knowledge and notice of the ‘093 patent, CW has continued to offer
15 for sale and sell the Accused Product to customers in the United States, through Menards,
16 without the consent or authority of Liberty. Notwithstanding this knowledge, CW has
17 knowingly or with reckless disregard willfully infringe the ‘093 patent and has acted
18 despite an objectively high likelihood that its actions constitute infringement of Liberty’s
19 valid patent rights.
20 67. On information and belief, CW actively induces others to infringe the ‘093
21 patent by selling the Accused Products to others with materials and instructions for
22 operation, with specific intent and knowledge of the materials direct, teach or to assist
23 others to infringe the ‘093 patent. For example, upon information and belief, CW induced
24 infringement of the ‘093 patent by encouraging and facilitating the infringing use of the
25 Accused Product by users of the Accused Products in the United States, by taking active
26 steps to encourage and facilitate others direct infringement of the ‘093 patent with
27 knowledge of that infringement. The affirmative acts include, without limitation,
28 advertising, marketing, promoting, offering for sale and/or selling the Accused Products
30 12
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1 through Menards as shown at

2 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select
3 and in-store as noted supra. CW further provides instructions, user manuals, advertising
4 and/or marketing materials on its website and as product packaging to facilitate, direct or
5 encourage the direct infringement in the United States. CW’s infringing acts have cause
6 or continuing to cause damage and/or irreparable injury to Liberty, and Liberty will
7 continue to suffer damage and irreparable injury unless and until CW’s infringing acts are
8 enjoined by this Court.
9 68. Liberty is entitled to injunctive relief in accordance with 35 U.S.C. §§ 271,
10 281, 283, and 284.
11 69. CW’s infringement of the ‘093 patent has been and continues to be willful and
12 deliberate, justifying a trebling of damages under 35 U.S.C. § 284.
13 70. CW’s infringement of the ‘093 patent is exceptional and entitles Liberty to
14 attorney’s fees and costs under 35 U.S.C. § 285.
15 71. Therefore, Liberty seeks judgment that CW directly infringes and/or
16 indirectly infringes at Claim 1 of the ‘093 patent.
17 COUNT IV
18 (INFRINGEMENT OF THE ‘666 PATENT)
19 72. Plaintiff reallages and incorporates by reference all of the preceding
20 paragraphs as if fully set forth in this paragraph.
21 73. On information and belief, Accused Product that infringe one or more claims
22 of the ‘666 patent can be found at the CW website at https://cwdoors.com/cwselect/ and
23 therein CW notes “Cw Select is currently available online and in-store at multiple, trusted
24 retailers” with a “Shop CW Select” hyperlink to
25 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select.
26 74. A non-limiting example of the Accused Product known as Cw Select
27 Surfliner, is sold through Menards via the web and in-store.
28
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1 75. On information and belief, the representative Accused Product, Cw Select

2 Surfliner is substantially the same for purposes of infringement as the Accused Product.
3 76. A claim chart that applies independent Claim 1 of the ‘666 patent to the
4 representative product is attached to this Complaint as Exhibit Q. The remaining Accused
5 Products practice all the limitations of Claim 1.
6 77. CW has directly infringed and continues to directly infringe, and/or has
7 actively and knowingly induced and continues to actively and knowingly induce the
8 infringement of one or more claims of the ‘666 patent, either literally or under the doctrine
9 of equivalents, by advertising, distributing, making, using, selling, and/or offering for sale
10 within the United States.
11 78. CW had notice of the ‘666 patent at least as early as December 11, 2020.
12 Exhibit M. Despite knowledge and notice of the ‘666 patent, CW has continued to offer
13 for sale and sell the Accused Product to customers in the United States, through Menards,
14 without the consent or authority of Liberty. Notwithstanding this knowledge, CW has
15 knowingly or with reckless disregard willfully infringe the ‘666 patent and has acted
16 despite an objectively high likelihood that its actions constitute infringement of Liberty’s
17 valid patent rights.
18 79. On information and belief, CW actively induces others to infringe the ‘666
19 patent by selling the Accused Products to others with materials and instructions for
20 operation, with specific intent and knowledge of the materials direct, teach or to assist
21 others to infringe the ‘666 patent. For example, upon information and belief, CW induced
22 infringement of the ‘666 patent by encouraging and facilitating the infringing use of the
23 Accused Product by users of the Accused Products in the United States, by taking active
24 steps to encourage and facilitate others direct infringement of the ‘666 patent with
25 knowledge of that infringement. The affirmative acts include, without limitation,
26 advertising, marketing, promoting, offering for sale and/or selling the Accused Products
27 through Menards as shown at
28 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select
30 14
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1 and in-store as noted supra. CW further provides instructions, user manuals, advertising
2 and/or marketing materials on its website and as product packaging to facilitate, direct or
3 encourage the direct infringement in the United States. CW’s infringing acts have cause
4 or continuing to cause damage and/or irreparable injury to Liberty, and Liberty will
5 continue to suffer damage and irreparable injury unless and until CW’s infringing acts are
6 enjoined by this Court.
7 80. Liberty is entitled to injunctive relief in accordance with 35 U.S.C. §§ 271,
8 281, 283, and 284.
9 81. CW’s infringement of the ‘666 patent has been and continues to be willful and
10 deliberate, justifying a trebling of damages under 35 U.S.C. § 284.
11 82. CW’s infringement of the ‘666 patent is exceptional and entitles Liberty to
12 attorney’s fees and costs under 35 U.S.C. § 285.
13 83. Therefore, Liberty seeks judgment that CW directly infringes and/or
14 indirectly infringes at Claim 1 of the ‘666 patent.
15 COUNT V
16 (INFRINGEMENT OF THE ‘055 PATENT)
17 84. Plaintiff reallages and incorporates by reference all of the preceding
18 paragraphs as if fully set forth in this paragraph.
19 85. On information and belief, Accused Product that infringe the ‘055 patent can
20 be found at the CW website at https://cwdoors.com/cwselect/ and therein CW notes “Cw
21 Select is currently available online and in-store at multiple, trusted retailers” with a “Shop
22 CW Select” hyperlink to
23 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select.
24 86. A non-limiting example of the Accused Product known as Cw Select
25 Surfliner, is sold through Menards via the web and in-store.
26 87. On information and belief, the representative Accused Product, Cw Select
27 Surfliner is substantially the same for purposes of infringement as the Accused Product.
28
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1 88. A claim chart that applies the design of the ‘055 patent to the representative
2 product is attached to this Complaint as Exhibit R. The remaining Accused Products
3 practice the design of the ‘055 patent.
4 89. The overall appearance of the ornamental design in the ‘055 patent and the
5 corresponding design of the representative Accused Product are substantially similar. An
6 ordinary observer familiar with the prior art would perceive the overall appearance of the
7 ornamental design of the ‘055 patent and the corresponding design of the representative
8 Accused Product to be substantially similar. Such an ordinary observer would be deceived
9 into believing the design of the representative Accused Product was the same as the
10 ornamental design claimed in the ‘055 patent.
11 90. CW has directly infringed and continues to directly infringe, has actively and
12 knowingly induced and continues to actively and knowingly induce the infringement of the
13 ‘055 patent, either literally or under the doctrine of equivalents, by making, using, selling,
14 and/or offering for sale within the United States.
15 91. CW had notice of the ‘055 patent at least as early as December 11, 2020.
16 Exhibit M. Despite knowledge and notice of the ‘055 patent, CW has continued to offer
17 for sale and sell the Accused Product to customers in the United States, through Menards,
18 without the consent or authority of Liberty. Notwithstanding this knowledge, CW has
19 knowingly or with reckless disregard willfully infringe the ‘055 patent and has acted
20 despite an objectively high likelihood that its actions constitute infringement of Liberty’s
21 valid patent rights.
22 92. On information and belief, CW actively induces others to infringe the ‘055
23 patent by selling the Accused Products to others with instructions, and with specific intent
24 and knowledge. For example, upon information and belief, CW induced infringement of
25 the ‘055 patent by encouraging and facilitating the infringing use of the Accused Product
26 by users of the Accused Products in the United States, and by taking active steps to
27 encourage and facilitate others direct infringement of the ‘055 patent with knowledge of
28 that infringement. The affirmative acts include, without limitation, offering for sale and/or
30 16
COMPLAINT
31
 Case 2:22-cv-09210 Document 1 Filed 12/19/22 Page 17 of 21 Page ID #:17

1 selling the Accused Products through Menards as shown at

2 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select
3 and in-store as noted supra. CW further provides instructions on its website and as product
4 packaging to facilitate, direct or encourage the direct infringement in the United States.
5 CW’s infringing acts have cause or continuing to cause damage and/or irreparable injury
6 to Liberty, and Liberty will continue to suffer damage and irreparable injury unless and
7 until CW’s infringing acts are enjoined by this Court.
8 93. Liberty is entitled to injunctive relief in accordance with 35 U.S.C. §§ 271,
9 281, 283, and 284.
10 94. CW’s infringement of the ‘055 patent has been and continues to be willful and
11 deliberate, justifying a trebling of damages under 35 U.S.C. § 284.
12 95. CW’s infringement of the ‘055 patent is exceptional and entitles Liberty to
13 attorney’s fees and costs under 35 U.S.C. § 285.
14 96. Therefore, Liberty seeks judgment that CW directly infringes and/or
15 indirectly infringes the ‘055 patent.
16 COUNT VI
17 (INFRINGEMENT OF THE ‘726 PATENT)
18 97. Plaintiff reallages and incorporates by reference all of the preceding
19 paragraphs as if fully set forth in this paragraph.
20 98. On information and belief, Accused Product that infringe the ‘726 patent can
21 be found at the CW website at https://cwdoors.com/cwselect/ and therein CW notes “Cw
22 Select is currently available online and in-store at multiple, trusted retailers” with a “Shop
23 CW Select” hyperlink to
24 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select.
25 99. A non-limiting example of the Accused Product known as Cw Select
26 Surfliner, is sold through Menards via the web and in-store.
27 100. On information and belief, the representative Accused Product, Cw Select
28 Surfliner is substantially the same for purposes of infringement as the Accused Product.
30 17
COMPLAINT
31
 Case 2:22-cv-09210 Document 1 Filed 12/19/22 Page 18 of 21 Page ID #:18

1 101. A claim chart that applies the design of the ‘726 patent to the representative
2 product is attached to this Complaint as Exhibit S. The remaining Accused Products
3 practice the design of the ‘726 patent.
4 102. The overall appearance of the ornamental design in the ‘726 patent and the
5 corresponding design of the representative Accused Product are substantially similar. An
6 ordinary observer familiar with the prior art would perceive the overall appearance of the
7 ornamental design of the ‘726 patent and the corresponding design of the representative
8 Accused Product to be substantially similar. Such an ordinary observer would be deceived
9 into believing the design of the representative Accused Product was the same as the
10 ornamental design claimed in the ‘726 patent
11 103. CW has directly infringed and continues to directly infringe, has actively and
12 knowingly induced and continues to actively and knowingly induce the infringement the
13 ‘726 patent, either literally or under the doctrine of equivalents, by making, using, selling,
14 and/or offering for sale within the United States.
15 104. CW had notice of the ‘726 patent at least as early as December 11, 2020.
16 Exhibit M. Despite knowledge and notice of the ‘726 patent, CW has continued to offer
17 for sale and sell the Accused Product to customers in the United States, through Menards,
18 without the consent or authority of Liberty. Notwithstanding this knowledge, CW has
19 knowingly or with reckless disregard willfully infringe the ‘726 patent and has acted
20 despite an objectively high likelihood that its actions constitute infringement of Liberty’s
21 valid patent rights.
22 105. On information and belief, CW actively induces others to infringe the ‘726
23 patent by selling the Accused Products to others with instructions, and with specific intent
24 and knowledge. For example, upon information and belief, CW induced infringement of
25 the ‘726 patent by encouraging and facilitating the infringing use of the Accused Product
26 by users of the Accused Products in the United States, by taking active steps to encourage
27 and facilitate others direct infringement of the ‘726 patent with knowledge of that
28 infringement. The affirmative acts include, without limitation, offering for sale and/or
30 18
COMPLAINT
31
 Case 2:22-cv-09210 Document 1 Filed 12/19/22 Page 19 of 21 Page ID #:19

1 selling the Accused Products through Menards as shown at

2 https://www.menards.com/main/search.html?sf_categoryHierarchy=&search=cw+select
3 and in-store as noted supra. CW further provides instructions on its website and as product
4 packaging to facilitate, direct or encourage the direct infringement in the United States.
5 CW’s infringing acts have cause or continuing to cause damage and/or irreparable injury
6 to Liberty, and Liberty will continue to suffer damage and irreparable injury unless and
7 until CW’s infringing acts are enjoined by this Court.
8 106. Liberty is entitled to injunctive relief in accordance with 35 U.S.C. §§ 271,
9 281, 283, and 284.
10 107. CW’s infringement of the ‘726 patent has been and continues to be willful and
11 deliberate, justifying a trebling of damages under 35 U.S.C. § 284.
12 108. CW’s infringement of the ‘726 patent is exceptional and entitles Liberty to
13 attorney’s fees and costs under 35 U.S.C. § 285.
14 109. Therefore, Liberty seeks judgment that CW directly infringes and/or
15 indirectly infringes the ‘726 patent.
16 PRAYER FOR RELIEF
17 Wherefore, Liberty respectfully requests that the Court enter judgment in its favor
18 and against CW on the patent infringement claims set forth above and respectfully requests
19 that this Court:
20 (a) enter judgment that, CW has infringed at least one claim of the ’543 patent,
21 the ’810 patent, the ’093 patent, the ’666 patent, the ’055 patent, and the ’726 patent;
22 (b) enjoining in accordance with 35 U.S.C. § 283, CW, and all affiliates,
23 employees, agents, officers, directors, attorneys, successors, and assigns and all those
24 acting on behalf of or in active concert or participation with CW, preliminarily and
25 permanently from infringing the ’543 patent, the ’810 patent, the ’093 patent, the ’666
26 patent, the ’055 patent, and the ’726 patent;
27 (c) award Liberty all available and legally permissible damages and relief
28 sufficient to compensate Liberty for CW’s infringement of the ’543 patent, the ’810 patent,
30 19
COMPLAINT
31
 Case 2:22-cv-09210 Document 1 Filed 12/19/22 Page 20 of 21 Page ID #:20

1 the ’093 patent, the ’666 patent, the ’055 patent, and the ’726 patent including to the full
2 extent permitted by 35 U.S.C. §§ 284 and 289, together with interest, in an amount to be
3 determined at trial;
4 (d) award Liberty treble damages under 35 U.S.C. § 284 as a result of CW’s
5 willful and deliberate infringement of the ’543 patent, the ’810 patent, the ’093 patent, the
6 ’666 patent, the ’055 patent, and the ’726 patent;
7 (e) declare this to be an exception case under 35 U.S.C. § 285 and award Liberty
8 costs, expenses and disbursements in this action, including reasonable attorneys’ fees; and
9 (f) award Liberty such other and further relief that this Court deems just and
10 proper.
11
12 Date: December 19, 2022 ONE LLP
13 /s/ Franklin D. Kang
14
Franklin D. Kang (SBN 192314)
23 Corporate Plaza, Suite 150-105
15 Newport Beach, CA 92660
16 Telephone: (949) 502-2870
Facsimile: (949) 258-5081
17 [email protected]
18
OF COUNSEL:
19
20 George D. Moustakas (Pro Hac Vice
forthcoming)
21 HARNESS, DICKEY & PIERCE, P.L.C.
22
5445 Corporate Drive, Suite 200
Troy, MI 48098
23 Telephone: (248) 641-1600
Facsimile: (248) 641-0270
24 [email protected]
25 Attorneys for Plaintiff,
26 Liberty Hardware Mfg. Corp.

27
28
30 20
COMPLAINT
31
 Case 2:22-cv-09210 Document 1 Filed 12/19/22 Page 21 of 21 Page ID #:21

1 JURY DEMAND
2 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff hereby
3 demands a trial by jury on all issues triable of right by a jury.
4
5 Date: December 19, 2022 ONE LLP
6 /s/ Franklin D. Kang
7
Franklin D. Kang (SBN 192314)
23 Corporate Plaza, Suite 150-105
8 Newport Beach, CA 92660
9 Telephone: (949) 502-2870
Facsimile: (949) 258-5081
10 [email protected]
11
OF COUNSEL:
12
13 George D. Moustakas (Pro Hac Vice
forthcoming)
14 HARNESS, DICKEY & PIERCE, P.L.C.
15
5445 Corporate Drive, Suite 200
Troy, MI 48098
16 Telephone: (248) 641-1600
Facsimile: (248) 641-0270
17 [email protected]
18 Attorneys for Plaintiff,
19 Liberty Hardware Mfg. Corp.

20
21
22
23
24
25
26
27
28
30 21
COMPLAINT
31
Case 2:22-cv-09210 Document 1-9 Filed 12/19/22 Page 1 of 15 Page ID #:110

EXHIBIT I

Page 110
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IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
USOOD729055S

(12) United States Design Patent (Io) Patent No. : US D729, 055 S
Lemnios et al. (45) Date of Patent: ** May 12, 2015

(54) DOOR PACKAGING D639, 652 S 6/2011 Abdalkhani et al. .. ... ... ... D9/418
D668, 540 S 10/2012 Lutzig ... ... ... ... .... ... ... ... ... D9/432
(71) Applicant: Liberty Hardware Mfg. Corp. , D710,713 S 8/2014 Fath ... ... ... ... ... .... ... ... ... ... D9/721
Winston-Salem, NC (US) 2011/0035871 Al 2/2011 Seymour et al
2013/0325670 Al 12/2013 Austin, HI et al.

(72) Inventors: Christine Lemnios, Greensboro, NC OTHER PUBLICATIONS

(US); Yinghong Zhang, Guangzhou
(CN); Jeanie Matherly, Oak Ridge, NC http;//wwwj ohnsonhardware, corn/doordi splay htm, "Johnson Hard-
(US); Matthew Klein, Apex, NC (US); ware Door Panel Display Unit", Dec. 16, 2010, 2 pages.
Patrick Boehnen, Summerfield, NC Quality Craft, "Installation Manual Shower Unit", Model No.
(US); Laura Hawkins, Madison, NC 961WUX006WHI, Mar. 9, 2011, 14 pages.
(US) U. S. Appl. No. 14/167, 230, entitled "Shower Door Assembly Dis-
play", filed Jan. 29, 2014, 17 pages.
(73) Assignee: Liberty Hardware Mfg. Corp. , U. S. Appl. No. 14/167, 235, entitled "Shower Door Glass Pane Pack-
Winston-Salem, NC (US) aging Assembly", filed Jan. 29, 2014, 16 pages.
U. S. Appl. No. 29/480, 762, entitled "Shower Door Display", filed
(**) Term: 14 Years Jan. 29, 2014, 16 pages.
U. S. Appl. No. 29/480, 761, entitled "Shower Door Display", filed
Jan. 29, 2014, 14 pages.
(21) Appl. Noz 29/4S0, 72S U. S. Appl. No. 29/480, 731, entitled "Handle for Door Packaging",
filed Jan. 29, 2014, 7 pages.
(22) Filed: Jan. 29, 2014 U. S. Appl. No. 29/480, 730, entitled "Packaging Castors", filed Jan.
(51) LOC (10) Cl. 09-03 29, 2014, 3 pages.
(52) U. S. Cl. Canadian Office Action for corresponding Application No. 157622,
USPC D9/41S mailed Jan. 23, 2015, 3 pages.

* cited by examiner
(58) Field of ClassiTication Search
USPC .......... D9/415&19, 430, 431, 631, 199, 721, Primary Exami ner Holly Baynham
D9/432; D21/381; D5/30; D19/100;
Assistant Examiner Rhea Shields
D8/400
See application file for complete search history. (74) Attorney, Agent, or Firm Lora Graentzdoerffer;
Brooks Kushman P. C.
(56) References Cited

U. S. PATENT DOCUMENTS (57) CLAIM

The ornamental design for door packaging, as shown and
4, 720, 876 A I/19gg Tomei et al. described.
D323, 986 S 2/1992 Ferrero D9/418
5, 675, 936 A 10/1997 Kurth et al.
5, 848, 446 A 12/1998 DeBraal
DESCRIPTION
D409, 858 S 5/1999 Reed
D417, 978 S 12/1999 Reed
D461, 974 S 8/2002 Hayden FIG. 1 is a perspective view of door packaging according to a
D466, 804 S 12/2002 Solland .... ... ... ... ... D9/418 first embodiment;
D469, 349 S I/2003 Meeker et al. D9/418 FIG. 2 is a front view of the door packaging shown in FIG. 1;
D588, 905 S 3/2009 Meeks et al. ... ... ... Dg/400
D600, 110 S 9/2009 Cain D9/418 FIG. 3 is a back view of the door packaging shown in FIG. 1;
7, 748, 527 B2 7/2010 Wisecarver et al. FIG. 4 is a left side view of the door packaging shown in FIG.
7, 828, 151 B2 11/2010 Murdoch et al. 1;

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US D729, 055 S
Page 2

FIG. 5 is a right side view of the door packaging shown in FIG. 16 is a front view of the door packaging shown in FIG.
FIG. 1; 15;
FIG. 6 is a top side view of the door packaging shown in FIG. FIG. 17 is a back view of the door packaging shown in FIG.
1; 15;
FIG. 7 is a bottom view of the door packaging shown in FIG. FIG. 1S is a left side view of the door packaging shown in
FIG. 15;
1; FIG. 19 is a right side view of the door packaging shown in
FIG. S is a perspective view of door packaging according to a FIG. 15;
second embodiment;
FIG. 20 is a top side view of the door packaging shown in FIG.
FIG. 9 is a front view of the door packaging shown in FIG. S; 15; and,
FIG. 10 is a back view of the door packaging shown in FIG. S; FIG. 21 is a bottom view of the door packaging shown in FIG.
FIG. 11 is a left side view of the door packaging shown in 15.
FIG. S; In the drawings, the broken lines depict unclaimed subject
FIG. 12 is a right side view of the door packaging shown in matter and form no part of the claimed design. The handle
FIG. S; shown in FIGS. 1, 5, S, 12, 15, and 19 is for illustrative
FIG. 13 is a top side view of the door packaging shown in FIG. purposes only and forms no part of the claimed design. A
S; foam core within the packaging as shown in FIGS. 1, S, and
FIG. 14 is a bottom view of the door packaging shown in FIG. 15 and indicated by broken lines is for illustrative purposes
S; only and forms no part of the claimed design.
FIG. 15 is a perspective view of door packaging according to
a third embodiment; 1 Claim, 12 Drawing Sheets

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U. S. Patent May 12, 2015 Sheet 1 of 12 US D729, 055 S

Page 113
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U. S. Patent May 12, 2015 Sheet 2 of 12 US D729, 055 S

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U. S. Patent May 12, 2015 Sheet 3 of 12 US D729, 055 S

Page 115
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U. S. Patent May 12, 2015 Sheet 4 of 12 US D729, 055 S

RG4 RG5

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U. S. Patent May 12, 2015 Sheet 5 of 12 US D729, 055 S

Page 117
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U. S. Patent May 12, 2015 Sheet 7 of 12 US D729, 055 S

Page 119
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U. S. Patent May 12, 2015 Sheet 8 of 12 US D729, 055 S

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U. S. Patent May 12, 2015 Sheet 9 of 12 US D729, 055 S

RG. 75

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U. S. Patent May 12, 2015 Sheet 10 of 12 US D729, 055 S

Page 122
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U. S. Patent May 12, 2015 Sheet 11 of 12 US D729, 055 S

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U. S. Patent May 12, 2015 Sheet 12 of 12 US D729, 055 S

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EXHIBIT J

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Page 130
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EXHIBIT K

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Case 2:22-cv-09210 Document 1-11 Filed 12/19/22 Page 2 of 6 Page ID #:132

IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
USOOD739726S

(12) United States Design Patent (Io) Patent No. : US D739, 726 S
Lemnios et al. (45) Date of Patent: ** Sep. 29, 2015

(54) DOOR PACKAGE (56) References Cited

U. S. PATENT DOCUMENTS
(71) Applicant: LIBERTY HARDWARE MFG.
CORP. , Winston-Salem, NC (US) 1,841,620 A 1/1932 McCoy
2, 113,2gg A 4/1938 Berger
2, 223, 770 A 12/1940 Nagle
(72) Inventors: Christine Lemnios, Greensboro, NC D129,731 S 9/1941 Luttrell
(US); Yinghong Zhang, Guangzhou 2, 290, 104 A 7/1942 Larson
D165,358 S 12/1951 Baldwin
(CN); Jeanie Matherly, Oak Ridge, NC 2, 937,743 A 5/1960 Buttery et al.
(US); Matthew Klein, Apex, NC (US); (Continued)
Patrick Boehnen, Summerfield, NC
(US); Laura Hawkins, Madison, NC FOREIGN PATENT DOCUMENTS
(US) CN 203175303 U 9/2013
CN 204326804 U 5/2015
(73) Assignee: LIBERTY HARDWARE MFG.
(Continued)
CORP. , Winston-Salem, NC (US)
OTHER PUBLICATIONS
(**) Term: 14 Years Canadian Office Action for corresponding Application No. 157757,
mailed Jan. 23, 2015, 3 pages.
(21) Appl. No. : 29/480, 731 (Continued)

(22) Filed: Jan. 29, 2014 Pri mary Examiner Susan Bennett Hattan
09-03 Assistant Examiner Vy Koenig
(51) LOC (10) Cl.
(74) Attorney, Agent, or Firm Brooks Kushman P. C. ; Lora
(52) U. S. Cl. Graentzdoer ffer
USPC D9/432
CLAIM
(57)
(58) Field of ClassiTication Search The ornamental design for door package, as shown and
USPC .......... D9/414&34, 442 —445, 456 —457, 542, described.
D9/563, 600, 614— 624, 655, 657, 658, 661, DESCRIPTION
D9/695, 697—699, 707— 708, 711, FIG. 1 is a perspective view of door package according to an
D9/772 — 776; D7/601, 602, 538, 540, embodiment;
D7/550. 1; D3/202, 203.5, 203.6, 205 FIG. 2 is a left side view of the door package of FIG. 1;
FIG. 3 is a right side view of the door package of FIG. 1;
CPC ........ B65D 5/00; B65D 5/001; B65D 5/0015; FIG. 4 is a front view of the door package of FIG. 1; and,
B65D 5/0227 —5/0254; B65D 5/0045; B65D FIG. 5 is a top and a bottom view of the door package of FIG.
5/18; B65D 5/2033; B65D 5/38; B65D 5/40; 1.
The broken lines are for illustrative purposes only and form
B65D I/22; B65D I/225; B65D I/24; B65D
no part of the claimed design.
I/34; B65D I/38
See application file for complete search history. 1 Claim, 3 Drawing Sheets

Page 132
Case 2:22-cv-09210 Document 1-11 Filed 12/19/22 Page 3 of 6 Page ID #:133

US D739, 726 S
Page 2

(56) References Cited D690, 593 S 10/2013 Kaps et al.

D694, 099 S 11/2013 Ensslen, HI et al.
U. S. PATENT DOCUMENTS D699, 563 S 2/2014 McAdam
D706, 626 S 6/2014 Lazar . ... ... ... ... .... ... ... ... . D9/432
2, 944, 679 A 7/1960 Rubenstein D709, 363 S 7/2014 Boehnen et al.
2, 950,001 A 8/1960 Bucko D710,713 S 8/2014 Fath
3,033,356 A 5/1962 Meyerson 2001/0002660 Al 6/2001 Riga et al.
3, 121,511 A 2/1964 Whitehead 2002/0134030 Al 9/2002 Conway
3,347, 357 A 10/1967 De Soto et al. 2004/0238465 Al 12/2004 Mercure
3,361,330 A I/1968 Arneson 2004/0245195 Al 12/2004 Pride
D211,321 S 6/1968 Ullmann 2005/0115202 Al 6/2005 Mertz, H et al.
3,388,787 A 6/1968 Growney 2005/0115860 Al 6/2005 Mertz, H et al.
3,468, 593 A 9/1969 Catlett 2006/0043032 Al 3/2006 McHugh
3, 517,801 A 6/1970 Cote 2006/0196838 Al 9/2006 Mercure et al.
D224, 692 S 8/1972 Gray 2007/0045204 Al 3/2007 Huard et al.
3,732, 633 A 5/1973 Margolis et al. 2008/0073469 Al 3/2008 Mushan et al.
D227, 351 S 6/1973 Winston 2008/0148639 Al 6/2008 Jakob-Bamberg et al.
3,777, 883 A 12/1973 Hackenberg 2008/0277363 Al 11/2008 McDonough
4, 109,786 A 8/1978 Roccaforte et al. 2009/0115299 Al 5/2009 Ricereto
4, 145,849 A 3/1979 Shindol1 et al. 2010/0107497 Al 5/2010 Hulst et al.
4, 342, 268 A 8/1982 Grava 2010/0181267 Al 7/2010 Theisen
4, 378,905 A 4/1983 Roccaforte 2011/0035871 Al 2/2011 Seymour et al.
4, 385,687 A 5/1983 Dutc her 2012/0259743 Al 10/2012 Pate, Jr.
4, 720, 876 A I/1988 Tomei et al. 2013/0325670 Al 12/2013 Austin, HI et al.
4, 750, 609 A 6/1988 Felis 2014/0237715 Al 8/2014 Wei
D323, 986 S 2/1992 Ferrero 2014/0250795 Al 9/2014 Wei
D332, 744 S I/1993 McCooey 2014/0259363 Al 9/2014 Ball et al.
D343, 075 S I/1994 Cappel, HI 2014/0331564 Al 11/2014 Wei
D349, 458 S 8/1994 Verdaguer
5, 368,486 A 11/1994 Kurzman FOREIGN PATENT DOCUMENTS
5, 372, 278 A 12/1994 Leight
5, 503,278 A 4/1996 Ishmael CN 204370961 U 6/2015
D377, 144 S I/1997 Sawa DE 2149016 4/1973
5, 675, 936 A 10/1997 Kurth et al. DE 9306878 Ul 9/1993
D396, 805 S 8/1998 Broyles D9/432 DE 202009004111 Ul 8/2009
5, 823, 339 A 10/1998 Dunham et al. EP 2317052 A2 5/2011
5, 848, 446 A 12/1998 DeBraal EP 2774519 Al 9/2014
5, 860, 526 A I/1999 Burke, Jr. GB 827312 2/1960
D405, 369 S 2/1999 Dohner JP 2001095657 A 4/2001
D409, 858 S 5/1999 Reed WO 2005035396 A2 4/2005
5, 941,384 A 8/1999 Schonhardt et al. WO 2005035396 A3 4/2005
D417, 978 S 12/1999 Reed WO 2008076224 Al 6/2008
6, 102,206 A 8/2000 Pride WO 2009029358 Al 3/2009
6, 102, 502 A 8/2000 Melillo et al.
6, 170,675 Bl I/2001 Follman et al. OTHER PUBLICATIONS
D451, 801 S 12/2001 Schillinger corn/trade-professional/dpprgallerdisplays.
D454, 067 S 3/2002 Schoening et al. www. thermatru, aspx,
D461, 974 S 8/2002 Hayden "Door Gallery Displays", Jul. 10, 2010, 31 pages.
D466, 804 S 12/2002 Solland http: //wwwj ohnsonhardware, corn/doordi splay htm, "Johnson Hard-
D469, 349 S I/2003 Meeker et al. ware Door Panel Display Unit", Dec. 16, 2010, 2 pages.
D507, 741 S 7/2005 Lu et al. ... ... ... ... ... ... .... ...
Quality Craft, "Installation Manual Shower Unit", Model No.
7, 264, 126 Bl 9/2007 Bergeron
D588, 905 S 3/2009 Meeks et al. 961WUX006WHI, Mar. 9, 2011, 14 pages.
D593,409 S 6/2009 Blick D9/432 U. S. Appl. No. 14/167, 230, entitled "Shower Door Assembly Dis-
D594, 742 S 6/2009 Meier et al. . ... ... ... ... .... ... D9/432 play", filed Jan. 29, 2014, 17 pages.
D600, 110 S 9/2009 Cain U. S. Appl. No. 14/167, 235, entitled "Shower Door Glass Pane Pack-
D607, 724 S I/2010 Dreier et al. aging Assembly", filed Jan. 29, 2014, 16 pages.
7, 748, 527 B2 7/2010 Wisecarver et al. U. S. Appl. No. 29/480, 728, entitled "Door Packaging", filed Jan. 29,
7, 828, 151 B2 11/2010 Murdoch et al. 2014, 14 pages.
7, 900,784 Bl 3/2011 Weigand et al. U. S. Appl. No. 29/480, 761, entitled "Shower Door Display", filed
D639, 652 S 6/2011 Abdalkhani et al. Jan. 29, 2014, 14 pages.
D652, 717 S I/2012 Shimoyama et al. ... .... ... D9/432
U. S. Appl. No. 29/480, 762, entitled "Shower Door Display", filed
D660, 988 S 5/2012 Amend .... ... ... ... ... ... .... . D25/138
Jan. 29, 2014, 16 pages.
8, 191,707 B2 6/2012 McDonald et al.
D668, 540 S 10/2012 Lutzig U. S. Appl. No. 29/480, 730, entitled "Packaging Castors", filed Jan.
D685, 260 S 7/2013 Thielemier 29, 2014, 3 pages.
D689, 360 S 9/2013 Adams
D690, 592 S 10/2013 Ding . ... .... ... ... ... ... ... .... ... D9/432 * cited by examiner

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U. S. Patent Sep. 29, 2015 Sheet 1 of 3 US D739, 726 S

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U. S. Patent Sep. 29, 2015 Sheet 2 of 3 US D739, 726 S

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U. S. Patent Sep. 29, 2015 Sheet 3 of 3 US D739, 726 S

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EXHIBIT L

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EXHIBIT M

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EXHIBIT R

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USD729055S CW Clear Shower Enclosure 1

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USD729055S CW Clear Shower Enclosure 2

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USD729055S CW Clear Shower Enclosure 3

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USD729055S CW Clear Shower Enclosure 4

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EXHIBIT S

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USD739726S CW Clear Shower Enclosure 1

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USD739726S CW Clear Shower Enclosure 2

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USD739726S CW Clear Shower Enclosure 3

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USD739726S CW Clear Shower Enclosure 4

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