IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF WISCONSIN

RAFFEL SYSTEMS, LLC,
Plaintiff,
v.

Case No.

EUROTEC SEATING, INC. (d/b/a

SEATCRAFT; 4SEATING.COM)

JURY TRIAL DEMANDED

Defendant.
________________________________________________________________________
COMPLAINT FOR PATENT INFRINGEMENT
________________________________________________________________________
Plaintiff Raffel Systems, LLC (Raffel or Plaintiff), by its undersigned
counsel, and for its Complaint against Defendant Eurotec Seating, Inc. (d/b/a Seatcraft;
4SEATING.COM) states and alleges as follows:
PARTIES
1.

Raffel is incorporated under the laws of the state of Wisconsin and has its

principal address at N112 W14600 Mequon Road, Germantown, WI 53022.

2.

Upon information and belief, Eurotec Seating, Inc. (Eurotec) is a

California corporation with its principal place of business at 1000 S. Euclid Street, La
Habra, CA, 90631.
3.

Upon information and belief, Seatcraft is an unincorporated division of

Eurotec, with its principal place of business at 1000 S. Euclid Street, La Habra, CA,
90631.

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4.

Upon information and belief, 4SEATING.COM is an unincorporated

division of Eurotec, with its principal place of business at 1000 S. Euclid Street, La
Habra, CA, 90631.
JURISDICTION AND VENUE
5.

This is an action for patent infringement arising under the patent laws of

the United States, 35 U.S.C. 101, et seq. This Court has subject matter jurisdiction
under 28 U.S.C. 1331, 1332 and 1338(a).
6.

This Court has personal jurisdiction over the Defendant by virtue of the

fact that Defendant purposefully conducts business and has continuous and systematic
contacts within this Judicial District, including (i) regularly doing business or soliciting
business by virtue of Defendants nationwide sales and offers to sell through interactive
and commercial website(s) which direct(s) Defendants products to Wisconsin residents;
and (ii) engaging in other persistent courses of conduct and/or deriving revenue from
products provided to persons in this District and State.
7.

Venue in this District is proper under 28 U.S.C. 1391 and 1400 at least

because, upon information and belief, the accused acts of infringement occur in this
District, Defendant has regularly conducted business in this Judicial District and has
committed, and continues to commit, acts of patent infringement by making, using,
selling, and/or offering to sell products that infringe United States Patent No. 9,192,241
(the 241 Patent), United States Patent No. 9,254,043 (the 043 Patent), United States
Patent No. D691,098 (the 098 Patent), and United States Patent No. D691,099 (the
099 Patent) in this Judicial District.
BACKGROUND FACTS

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8.

Raffel is a manufacturing company with a range of products in the seating,

bedding, and industrial marketplaces.

9.

Raffel competes in various seating, bedding, and industrial markets, such

as, for example, in the market for cup holders including, but not limited to, Raffels
multifunctional Home Theatre and Integrated Cup Holder products.
10.

Raffel is the owner by assignment of all right, title, and interest in and to

the 241 Patent entitled Lighted Cup Holder for Seating Arrangements, which duly and
legally issued in the name of Ken Seidl on November 24, 2015. A true and accurate copy
of the 241 Patent is attached to the Complaint as Exhibit A.
11.

Raffel is the owner by assignment of all right, title, and interest in and to

the 043 Patent entitled Lighted Cup Holder for Seating Arrangements, which duly and
legally issued in the name of Ken Seidl on February 9, 2016. A true and accurate copy of
the 043 Patent is attached to the Complaint as Exhibit B.
12.

Raffel is the owner by assignment of all right, title, and interest in and to

the 098 Patent entitled Switch, which duly and legally issued in the names of Paul Li
and Marc Beroukas on October 8, 2013. A true and accurate copy of the 098 Patent is
attached to the Complaint as Exhibit C.
13.

Raffel is the owner by assignment of all right, title, and interest in and to

the 099 Patent entitled Switch, which duly and legally issued in the names of Paul Li
and Marc Beroukas on October 8, 2013. A true and accurate copy of the 099 Patent is
attached to the Complaint as Exhibit D.
14.

The 241 Patent, the 043 Patent, the 098 Patent, and the 099 Patent are

presumed to be valid.

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15.

Upon information and belief, Defendant Eurotec is a producer and

supplier in the home furnishings and home theater seating industry and makes, sells,
offers to sell, imports, and distributes a variety of home furnishing goods containing
multifunctional cup holder products.
16.

Upon information and belief, Defendant Eurotec, d/b/a Seatcraft and

4SEATING.COM, is a warehouse and online, e-commerce retailer that made, used,

offered for sale, sold, and/or imported a wide variety of items including home furnishing
goods containing multifunctional cup holder products including, but not limited to,
Seatcrafts Aspen, Aston, Elite, Excalibur, Grenada, Madera, Monaco, Monroe,
Rockford, Serenity, Seville, Sienna, Sonoma, Turino, and Venetian seating products in
the United States, in Wisconsin, and in the Eastern District of Wisconsin.
17.

Upon information and belief, Eurotec has infringed (literally and/or under

the doctrine of equivalents) and continues to infringe the 241 Patent by making,
importing, selling, and/or offering to sell the Aspen, Aston, Elite, Excalibur, Grenada,
Madera, Monaco, Monroe, Rockford, Serenity, Seville, Sienna, Sonoma, Turino, and
Venetian seating products.
18.

Each of Eurotecs Aspen, Aston, Elite, Excalibur, Grenada, Madera,

Monaco, Monroe, Rockford, Serenity, Seville, Sienna, Sonoma, Turino, and Venetian
seating products infringe at least claim 1 of the 241 Patent. Claim 1 of the 241 Patent
recites:
1. A cup holder apparatus for a seating arrangement, the apparatus comprising:
a master lighted cup holder and one or more slave lighted cup holders operatively
connected to the master lighted cup holder, wherein each of the master and one or more
slave lighted cup holders comprise:
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a) a cup holder body adapted for attachment to the seating arrangement, wherein
the cup holder body has a lower end, a top end, and a cup holding receptacle
therebetween;
b) a flange extending substantially radially outward from the top end of the cup
holder body; and
c) a light producing light source for illuminating the cup receptacle;
wherein the master lighted cup holder includes a light-sensitive element or an onoff switch operatively connected to the light sources of both the master lighted cup holder
and one or more slave lighted cup holders for selectively controlling production of light
by the light sources in the master lighted cup holder and one or more slave lighted cup
holders.
19.

Eurotecs Aspen, Aston, Elite, Excalibur, Grenada, Madera, Monaco,

Monroe, Rockford, Serenity, Seville, Sienna, Sonoma, Turino, and Venetian seating
products each include a cup holder apparatus comprising a master lighted cup holder and
one or more slave lighted cup holders that are connected, functionally, to the master
lighted cup holder, such that the one or more slave lighted cup holders are illuminated
when the master lighted cup holder is illuminated.
20.

The master and one or more slave lighted cup holders of Eurotecs Aspen,

Aston, Elite, Excalibur, Grenada, Madera, Monaco, Monroe, Rockford, Serenity, Seville,
Sienna, Sonoma, Turino, and Venetian seating products each include a) a cup holder
body comprising a lower end, a top end, and a cup holding receptacle therebetween, that
is attached to the seating product; b) a flange extending substantially radially outward
from the top end of the cup holder body; and c) a light source for illuminating the cup
receptacle.
21.

Each of the master lighted cup holders of Eurotecs Aspen, Aston, Elite,

Excalibur, Grenada, Madera, Monaco, Monroe, Rockford, Serenity, Seville, Sienna,

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Sonoma, Turino, and Venetian seating products include an on-off switch for turning
ON/OFF the light source of both the master lighted cup holders and the one or more slave
lighted cup holders.
22.

Upon information and belief, Eurotec has infringed (literally and/or under

the doctrine of equivalents) and continues to infringe the 043 Patent by making,
importing, selling, and/or offering to sell the Aspen, Aston, Elite, Excalibur, Grenada,
Madera, Monaco, Monroe, Rockford, Serenity, Seville, Sienna, Sonoma, Turino, and
Venetian seating products.
23.

Each of Eurotecs Aspen, Aston, Elite, Excalibur, Grenada, Madera,

Monaco, Monroe, Rockford, Serenity, Seville, Sienna, Sonoma, Turino, and Venetian
seating products infringe at least claims 1, 3, 4, 5, 7, and 8 of the 043 Patent within the
United States. Claim 1 of the 043 Patent recites:
1. A seating arrangement comprising
a cup holder apparatus, the cup holder apparatus comprising
a) a cup holder body adapted for attachment to the seating arrangement and
having a cup receptacle therein, wherein the cup holder body includes a substantially
tubular sidewall, closed or substantially closed at a lower end thereof by a bottom wall,
and open at a top end thereof, such that the tubular sidewall and bottom wall define the
cup holding receptacle; and
b) a flange extending substantially radially outward from the top end of the cup
holder body, wherein the flange comprises a control switch that is operatively linked to
and controls a component of the seating arrangement other than the cup holder apparatus.
24.

Eurotecs Aspen, Aston, Elite, Excalibur, Grenada, Madera, Monaco,

Monroe, Rockford, Serenity, Seville, Sienna, Sonoma, Turino, and Venetian seating
products are each seating arrangements that include a cup holder apparatus comprising a
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cup holder body attached to the seating arrangement with the cup holder body including a
substantially tubular sidewall, closed or substantially closed at a lower end by a bottom
wall and open at a top end such that the tubular sidewall and bottom wall define the cup
receptacle; and a flange extending substantially radially outward from the top end of the
cup holder body.
25.

The flange of each cup holder of Eurotecs Aspen, Aston, Elite, Excalibur,

Grenada, Madera, Monaco, Monroe, Rockford, Serenity, Seville, Sienna, Sonoma,

Turino, and Venetian seating products includes a control switch that is connected to and
turns ON/OFF a light producing light source present in a translucent strip at the base of
the seating arrangements, and/or that is connected to and turns ON/OFF a light producing
light source present in one or more separate lighted cup holders (e.g., slave lighted cup
holders) connected to the cup holder apparatus.
26.

Upon information and belief, Eurotec, d/b/a Seatcraft and

4SEATING.COM, without Raffels authorization, made, used, offered for sale, sold,
and/or imported a wide variety of items including, inter alia, Seatcrafts Aspen, Turino,
Venetian, and Madera products (the Accused Design Products), each of which include
a switch having a design that violates Raffels 098 and 099 Patents.
27.

Upon information and belief, the overall appearance of the designs of the

098 and 099 Patents and the corresponding switch designs of the Accused Design
Products are substantially the same.
28.

Upon information and belief, an ordinary observer will perceive the

overall appearance of the designs of the 098 and 099 Patents and the corresponding
switch designs of the Accused Design Products to be substantially the same.

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29.

Table 1 below illustrates Eurotecs infringement of the 098 Patent by

comparing figures of the 098 patent with exemplary images of infringing products.
Table 1: Comparison of 098 Patent With Exemplary Infringing Products
098 Patent Figures
Exemplary Infringing Switches

30.

Table 2 below illustrates Eurotecs infringement of the 099 Patent by

comparing figures of the 099 patent with exemplary images of infringing products.

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Table 2: Comparison of 099 Patent With Exemplary Infringing Products

099 Patent Figures
Exemplary Infringing Switches

31.

Upon information and belief, Eurotec intended to copy the designs

covered by the 098 and 099 Patents.

32.

Eurotec has infringed and continues to infringe claim 1 of the 098 Patent

and claim 1 of the 099 Patent by making, using, importing, selling, and/or offering to
sell the Accused Design Products within the United States.

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33.

Upon information and belief, Eurotec has infringed and continues to

infringe one or more claims of the 241 Patent with knowledge and/or reckless disregard
amounting to knowledge of such infringement.
34.

Upon information and belief, Eurotec has infringed and continues to

infringe one or more claims of the 043 Patent with knowledge and/or reckless disregard
amounting to knowledge of such infringement.
35.

Upon information and belief, Eurotec has infringed and continues to

infringe the 098 Patent with knowledge and/or reckless disregard amounting to
knowledge of such infringement.
36.

Upon information and belief, Eurotec has infringed and continues to

infringe the 099 Patent with knowledge and/or reckless disregard amounting to
knowledge of such infringement.
37.

Upon information and belief, Eurotec acting alone and acting in concert

with and through agents and/or intermediaries, have used or sold infringing products
within this judicial district and have placed products infringing one or more claims of the
241 Patent in the stream of commerce with knowledge that the likely destination of the
infringing products is within this judicial district and throughout the United States.
38.

Upon information and belief, Eurotec acting alone and acting in concert

with and through agents and/or intermediaries, have used or sold infringing products
within this judicial district and have placed products infringing one or more claims of the
043 Patent in the stream of commerce with knowledge that the likely destination of the
infringing products is within this judicial district and throughout the United States.

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39.

Upon information and belief, Eurotec acting alone and acting in concert

with and through agents and/or intermediaries, have used or sold infringing products
within this judicial district and have placed products infringing the 098 Patent in the
stream of commerce with knowledge that the likely destination of the infringing products
is within this judicial district and throughout the United States.
40.

Upon information and belief, Eurotec acting alone and acting in concert

with and through agents and/or intermediaries, have used or sold infringing products
within this judicial district and have placed products infringing the 099 Patent in the
stream of commerce with knowledge that the likely destination of the infringing products
is within this judicial district and throughout the United States.
FIRST CLAIM FOR RELIEF
(Infringement of the 241 Patent)
41.

Raffel restates and realleges Paragraphs 1 through 40 above as though set

forth fully herein.

42.

Eurotec has been, and is currently, directly infringing the 241 Patent by

making, using, selling, offering for sale, and/or importing products infringing on the 241
Patent within the United States.
43.

Eurotecs infringement of the 241 Patent has been and continues to be

willful and deliberate.

44.

Eurotecs infringement will continue unless enjoined by this Court.

45.

As a direct and proximate consequence of Eurotecs infringement of the

241 Patent, Raffel has suffered, is suffering, and unless enjoined by the Court, will
continue to suffer injury, for which Raffel is entitled to damages pursuant to 35 U.S.C.
284 of an amount to be proved at trial.
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46.

As a direct and proximate consequence of Eurotecs infringement of the

241 Patent, Raffel has suffered, is suffering, and unless enjoined by the Court, will
continue to suffer irreparable harm for which there is no adequate remedy at law, and for
which Raffel is entitled to injunctive relief pursuant to 35 U.S.C. 283.
SECOND CLAIM FOR RELIEF
(Infringement of the 043 Patent)
47.

Raffel restates and realleges Paragraphs 1 through 46 above as though set

forth fully herein.

48.

Eurotec has been, and currently is, directly infringing the 043 Patent by

making, using, selling, offering for sale, and/or importing products infringing on the 043
Patent within the United States.
49.

Eurotecs infringement of the 043 Patent has been and continues to be

willful and deliberate.

50.

Eurotecs infringement will continue unless enjoined by this Court.

51.

As a direct and proximate consequence of Eurotecs infringement of the

043 Patent, Raffel has suffered, is suffering, and unless enjoined by the Court, will
continue to suffer injury, for which Raffel is entitled to damages pursuant to 35 U.S.C.
284 of an amount to be proved at trial.
52.

As a direct and proximate consequence of Eurotecs infringement of the

043 Patent, Raffel has suffered, is suffering, and unless enjoined by the Court, will
continue to suffer irreparable harm for which there is no adequate remedy at law, and for
which Raffel is entitled to injunctive relief pursuant to 35 U.S.C. 283.
THIRD CLAIM FOR RELIEF
(Infringement of the 098 Patent)

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53.

Raffel restates and realleges Paragraphs 1 through 52 above as though set

forth fully herein.

54.

Eurotec, without authorization from Raffel, has made, used, offered for

sale, sold, and/or imported in or into the United States, and continues to make, use, offer
for sale, sell, and/or import in or into the United States, products that infringe the 098
Patent.
55.

Eurotecs infringement of the 098 Patent has been and continues to be

willful and deliberate.

56.

Eurotecs infringement will continue unless enjoined by this Court.

57.

As a direct and proximate consequence of Eurotecs infringement of the

098 Patent, Raffel has suffered, is suffering, and unless enjoined by the Court, will
continue to suffer injury, for which Raffel is entitled to damages pursuant to 35 U.S.C.
284 of an amount to be proved at trial.
58.

As a direct and proximate consequence of Eurotecs infringement of the

098 Patent, Raffel has suffered, is suffering, and unless enjoined by the Court, will
continue to suffer irreparable harm for which there is no adequate remedy at law, and for
which Raffel is entitled to injunctive relief pursuant to 35 U.S.C. 283.
FOURTH CLAIM FOR RELIEF
(Infringement of the 099 Patent)
59.

Raffel restates and realleges Paragraphs 1 through 58 above as though set

forth fully herein.

60.

Eurotec, without authorization from Raffel, has made, used, offered for

sale, sold, and/or imported in or into the United States, and continues to make, use, offer

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for sale, sell, and/or import in or into the United States, products that infringe the 099
Patent.
61.

Eurotecs infringement of the 099 Patent has been and continues to be

willful and deliberate.

62.

Eurotecs infringement will continue unless enjoined by this Court.

63.

As a direct and proximate consequence of Eurotecs infringement of the

099 Patent, Raffel has suffered, is suffering, and unless enjoined by the Court, will
continue to suffer injury, for which Raffel is entitled to damages pursuant to 35 U.S.C.
284 of an amount to be proved at trial.
64.

As a direct and proximate consequence of Eurotecs infringement of the

099 Patent, Raffel has suffered, is suffering, and unless enjoined by the Court, will
continue to suffer irreparable harm for which there is no adequate remedy at law, and for
which Raffel is entitled to injunctive relief pursuant to 35 U.S.C. 283.
PRAYER FOR RELIEF
WHEREFORE, Raffel seeks the following relief from this Court:
A.

A judgment that Eurotec has directly infringed and is directly infringing

the 241 Patent;

B.

A judgment that Eurotecs infringement of the 241 Patent has been

C.

An injunction issued pursuant to 35 U.S.C. 283, restraining and

willful;

enjoining Eurotec, their officers, agents, attorneys and employees, and those acting in
privity or concert with them, from infringement of the 241 Patent for the full term
thereof;

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D.

A judgment that Eurotec has directly infringed and is directly infringing

the 043 Patent;

E.

A judgment that Eurotecs infringement of the 043 Patent has been

F.

An injunction issued pursuant to 35 U.S.C. 283, restraining and

willful;

enjoining Eurotec, their officers, agents, attorneys and employees, and those acting in
privity or concert with them, from infringement of the 043 Patent for the full term
thereof;
G.

A judgment that Eurotec has directly infringed and is directly infringing

the 098 Patent;

H.

A judgment that Eurotecs infringement of the 098 Patent has been

I.

An injunction issued pursuant to 35 U.S.C. 283, restraining and

willful;

enjoining Eurotec, their officers, agents, attorneys and employees, and those acting in
privity or concert with them, from infringement of the 098 Patent for the full term
thereof;
J.

A judgment that Eurotec has directly infringed and is directly infringing

the 099 Patent;

K.

A judgment that Eurotecs infringement of the 099 Patent has been

L.

An injunction issued pursuant to 35 U.S.C. 283, restraining and

willful;

enjoining Eurotec, their officers, agents, attorneys and employees, and those acting in

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privity or concert with them, from infringement of the 099 Patent for the full term
thereof;
M.

A judgement and order requiring Eurotec to pay Raffel all damages caused

by Eurotecs infringement of the 241 Patent, the 043 Patent, the 098 Patent, and the
099 Patent (but in no event less than a reasonable royalty) pursuant to 35 U.S.C. 284,
or the total profit made by Eurotec from its infringement of each of Raffels Patents
pursuant to 35 U.S.C. 289;
N.

A judgement and order requiring Eurotec to pay Raffel supplemental

damages or profits for any continuing post-verdict infringement up until entry of the final
judgment, with an accounting, as needed;
O.

A judgement and order requiring Eurotec to pay Raffel increased damages

up to three times the amount found or assessed pursuant to 35 U.S.C. 284;

P.

A judgement and order requiring Eurotec to pay Raffel pre-judgement and

post-judgement interest on any damages or profits awarded;

Q.

A determination that this is an exceptional case pursuant to 35 U.S.C.

R.

An award of Raffels attorneys fees for bringing and prosecuting this

S.

An award of Raffels costs and expenses incurred in bringing and

285;

action;

prosecuting this action; and

T.

Such further and additional relief as this Court deems just and proper.
JURY DEMAND

Raffel hereby demands a jury for all issues so triable.

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DATED: September 20, 2016

Respectfully submitted,
CASIMIR JONES, S.C.
s/Tyler J. Sisk
Tyler J. Sisk, SBN 1054892
David A. Casimir, SBN 1036453
2275 Deming Way, Suite 310
Middleton, Wisconsin 53562
Telephone: 608.662.1277
Facsimile: 608.662.1276
E-Mail: tjsisk@casimirjones.com
dacasimir@casimirjones.com
Attorneys for Plaintiff Raffel Systems, LLC

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EXHIBIT C

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USO0D691099S

(12) United States Design Patent (10) Patent N0.2

Li et a].
(54)

(45) Date of Patent:

SWITCH
'

(71) APPhCamS-Eaul Ll? Mgwaukees W1 (IS),U1\SI*1F

em as

ennamown,

Inventors: Paul Li, M1lWaukee, WI (US); Marc

-

Ass1gnee. l?lsffel Systems, LLC, GermantoWn, WI

(

(**)

Term:

4/2001

Culberson etal. ......... .. D13/171

D463,381

9/2002

Westermann .... ..

D469,411

1/2003

Decosse

....... ..

.. D13/167
..

D13/174

13496336 S * 9000,, Wang

DB/171

D550,298 S

Luciano et a1.

.. D21/385

9/2007 Luciano et a1.

.. D2l/385

D556,268 S * 11/2007 Luciano 613.1.

.. 1321/385

9/2007

7,378,605 B2*

5/2008

L0 ................ ..

8,071,899 B2*

12/2011

L0 ................ ..

13685333 S *

2011/0108403 Al*

14 Years

* cited by examiner

(21) App1.N0.: 29/445,870

Oct. 8, 2013

D440,947 S

D550,304 S *

Beroukasa Gennantowna

(73)

4*

6,800,819 B2* 10/2004 Sato etal. .... ..

(72)

US D691,099 S

70013 Beroukas et a1

200/5R

200/5R
200/296

Dl3/l74

5/2011 Kukita ........................ .. 200/341

Primary Examineriselina Sikder

(74) Attorney, Agent, or Firm * Casimir Jones SC.

(22) Filed:

Feb. 18, 2013

(51)

LOC (9) Cl. ................................................ .. 13-03

(57)

(52)

U-s- Cl-

The ornamental design for a switch, as shoWn and described.

USPC

(58)

....................................................... ..

CLAIM

D13/174

Field of Classi?cation Search

USPC

DESCRIPTION

D13/171, 174; 307/139,157; 315/209 R,

315/224, 246, 291, 294, 295; 200/5 R, 5 A,

ZOO/3022 520 530 293 296 308, 310,

ZOO/314 329 341

See application ?le for complete search history.

(56)

References Cited

FIG. 1 1s a top perspectlve V1eW s oW1ng our neW es1gn,

FIG. 2 is a top plan VieW thereof;

FIG. 3 is a bottom plan VieW thereof;
FIG. 4 is a front elevational VieW thereof, the front and rear

elevational VieWs being identical; and,

FIG. 5 is a left side elevational VieW thereof, the left side and

us PATENT DOCUMENTS

right side elevational VieWs being identical.

13311137 S *

5/1991 Kulikowski et a1 D 10/1 08

The broken l1nes 1n the draW1ngs dep1ct uncla1med env1ron

D421,966 s

3/2000 Allen et a1. ............. .. 1313/174

mental sublect matter

6,087,605 A *
D434,393 S *

7/2000 Heidenfels et a1.

11/2000 Gehr .......................... .. Dl3/l74

1 Claim, 1 Drawing Sheet

I111

EXHIBIT D

Case 2:16-cv-01257-WED Filed 09/20/16 Page 1 of 2 Document 1-4

US. Patent

Oct. 8, 2013

US D691,099 S

FIG. 1

FIG. 2

FIG. 3

FIG. 4

FIG. 5

EXHIBIT D

Case 2:16-cv-01257-WED Filed 09/20/16 Page 2 of 2 Document 1-4

WIED-JS 44 (Rev. 12/12)

CIVIL COVER 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.)

Place an X in the appropriate box (required):

Green Bay Division

Milwaukee Division

I. (a) PLAINTIFFS

DEFENDANTS

Raffel Systems, LLC

(b)

Eurotec Seating, Inc., d/b/a Seatcraft; 4SEATING.COM

County of Residence of First Listed Plaintiff Washington

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Tyler J. Sisk, David A Casimir; Casimir Jones S.C., 2275 Deming Way, Suite 310,
Middleton WI 53562; Tele. 608.662.1277
II. BASIS OF JURISDICTION (Place an X in One Box Only)
1

U.S. Government
Plaintiff

3 Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

4 Diversity
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT

CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

Attorneys (If Known)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
1

Citizen of This State

(Place an X in One Box Only)

TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities
Employment
446 Amer. w/Disabilities
Other
448 Education

Orange

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

Incorporated or Principal Place

of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability

and One Box for Defendant)

PTF
DEF
4
4

DEF

625 Drug Related Seizure

of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

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

1 Original
Proceeding

2 Removed from
State Court

3 Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District

6 Multidistrict
Litigation

(specify)

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF
ACTION

Patent Laws of the United States, 35 U.S.C. 101 et seq.

Brief description of cause:

Patent Infringement

VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY

CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.
(See instructions):

DATE

DEMAND $

JUDGE

CHECK YES only if demanded in complaint:

JURY DEMAND:

Yes

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

s/Tyler J. Sisk

09/20/2016
FOR OFFICE USE ONLY

APPLYING IFP
JUDGE1 of 2 Document
MAG. 1-5
JUDGE
Case 2:16-cv-01257-WED
Filed 09/20/16 Page

RECEIPT #

AMOUNT

Print

Save As...

Reset

No

JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Case 2:16-cv-01257-WED Filed 09/20/16 Page 2 of 2 Document 1-5

NOTICE TO COUNSEL:
To enable judges and magistrate judges of the court to evaluate possible disqualification
or recusal, counsel for a private (non-governmental) business, company, or corporation shall
submit at the time of initial pleading this statement of corporate affiliations and financial interest.
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

Raffel Systems, LLC

___________________________________
Case No. ______________________
v.
Eurotec Seating, Inc., d/b/a Seatcraft;
4SEATING.COM
___________________________________

DISCLOSURE OF CORPORATE AFFILIATIONS

AND FINANCIAL INTEREST

Raffel Systems, LLC

I, the undersigned counsel of record for ______________________________________, make
the following disclosure:
1.

Is said party a subsidiary or affiliate of a publicly owned corporation?

YES

NO

If the answer is YES, list below and identify the parent corporation or affiliate and the
relationship between it and the named party:
________________________________________________________________________
2.

Is there a publicly owned corporation, not a party to this case, that has a financial interest
in the outcome?
YES

NO

If the answer is YES, list the identity of such corporation and the nature of the financial
interest to the named party:
________________________________________________________________________

s/Tyler J. Sisk
____________________________________
Signature of Counsel

September 20, 2016

_______________________________
Date

4/19/11

Case 2:16-cv-01257-WED Filed 09/20/16 Page 1 of 1 Document 1-6