Evansville, Ind. — CordaRoy’s Originals, Inc. of Gainesville, Fla. (“CordaRoy’s”) has sued The Lovesac Corporation of Stamford, Conn. (“Lovesac”) alleging infringement of Patent No. 7,131,157, “Bag Bed Assembly,” (the “‘157 Patent”) which has been issued by the U.S. Patent Office.

Patent lawyers for CordaRoy’s filed a patent infringement suit alleging that Lovesac has been and continues to infringe on CordaRoy’s ‘157 Patent for a bag-bed assembly by using, selling, offering to sell, and/or importing a “knock-off” bag-bed assembly which embodies the patented invention.  It is also alleged that Lovesac has induced others to do likewise.  CordaRoy’s asserts that the claimed infringement has been, and continues to be, intentional, willful and deliberate. 

In its complaint, CordaRoy’s asks for a judgment that the ‘157 Patent has been infringed; that Lovesac be required to account for all of its profits and advantages realized from the alleged infringement of the ‘157 Patent; for an award of lost profits and a reasonable royalty; for an award of treble damages upon a finding of willful, intentional, and deliberate infringement; for an injunction against further actions of infringement; for pre-judgment interest; and for costs and attorney’s fees.

A jury trial has been demanded.

Practice Tip: If a court finds that a patent has been infringed upon, it may then consider the additional issue of whether the infringement was willful.  Infringing behavior that continued despite an allegation of infringement can support such a finding.  The determination that an infringement was “willful” can, in turn, increase damages significantly.

This case has been assigned to The Honorable Chief Judge Richard L. Young and Magistrate Judge William G. Hussmann in the Southern District of Indiana, and assigned Case No. 3:13-cv-126.

Complaint

CORDA-ROY’S ORIGINALS, INC. v. THE LOVESAC CORPORATION

Filed: June 4, 2013 as 3:2013cv00126 Updated: June 6, 2013 05:00:50

Plaintiff: CORDA-ROY’S ORIGINALS, INC.

Defendant: THE LOVESAC CORPORATION

Cause Of Action: Patent Infringement

Seventh Circuit > Indiana > Southern District Court

Type: Intellectual Property > Patent