DCT
2:18-cv-00119
Level Sleep LLC v. Sleep Number Corp
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Level Sleep LLC (California)
- Defendant: Sleep Number Corp Corporation and Select Comfort Corp Corporation (Minnesota/Texas)
- Plaintiff’s Counsel: Dacus Firm; Farella Braun & Martel LLP
- Case Identification: Level Sleep LLC v. Sleep Number Corporation and Select Comfort Retail Corporation, 2:18-cv-00119, E.D. Tex., 03/27/2018
- Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendant Sleep Number has regular and established places of business in the district, listing several retail store locations.
- Core Dispute: Plaintiff alleges that Defendant’s Performance Series mattresses infringe patents related to multi-zone mattress technology designed to provide proper spinal alignment and low body pressure for a sleeper.
- Technical Context: The technology concerns ergonomic mattresses constructed with different materials or structures along their length to support the distinct contours and weight distribution of the human body.
- Key Procedural History: The complaint alleges that prior to co-founding Level Sleep LLC, the named inventor, Roger Sramek, met with representatives of Sleep Number (then Select Comfort) and disclosed the patents-in-suit to gauge interest in commercialization, which Sleep Number allegedly declined. This allegation of pre-suit knowledge forms the basis for Plaintiff's willfulness claims.
Case Timeline
| Date | Event |
|---|---|
| 2002-06-01 | Earliest Priority Date for ’698 and ’172 Patents |
| 2004-10-26 | U.S. Patent No. 6807698 Issues |
| 2006-05-02 | U.S. Patent No. 7036172 Issues |
| 2018-03-27 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,807,698 - "Bed Having Low Body Pressure and Alignment" (Issued Oct. 26, 2004)
The Invention Explained
- Problem Addressed: The patent’s background section identifies two primary causes of poor sleep: the buildup of pressure on body protrusions like shoulders and hips, which can restrict blood flow, and poor body alignment caused by mattresses that allow the spine to sag, particularly in a side-sleeping position (’698 Patent, col. 1:47-67).
- The Patented Solution: The invention proposes a mattress constructed from a combination of layers. It features a "resilient top member" with uniform properties that directly contacts the body, distributing weight evenly. Below this is a "resilient supporting means" with variable properties along the length of the mattress. This underlying support structure is designed to compress differently under the shoulders, waist, and hips, thereby keeping the spine aligned while the uniform top layer maintains low surface pressure (’698 Patent, Abstract; col. 7:52-64).
- Technical Importance: This approach sought to decouple the functions of pressure relief and spinal alignment into distinct mattress layers, addressing a perceived failure of conventional mattresses that could not simultaneously provide both softness for comfort and zoned firmness for support (’698 Patent, col. 2:44-49).
Key Claims at a Glance
- Independent Claim 1:
- A mattress for supporting a reclining body.
- A resilient top member having a top region possessing uniform displacement parameters for providing a uniform supporting surface pressure.
- Resilient supporting means below the top member with differing displacement parameters along the longitudinal direction for imparting differing vertical compressions.
- The resilient supporting means coacts with the top member to establish alignment of the shoulder, waist, and hip parts and low supporting surface pressure.
- A cover that does not interfere with the displacement parameters and vertical compressions.
U.S. Patent No. 7,036,172 - "Bed Having Low Body Pressure and Alignment" (Issued May 2, 2006)
The Invention Explained
- Problem Addressed: As a continuation-in-part of the ’698 Patent, this patent addresses the same technical problems of high body pressure and poor spinal alignment during sleep (’172 Patent, col. 1:45-col. 2:4).
- The Patented Solution: The invention describes a mattress "core" that has displacement parameters that vary to match the "displacement profile" of a reclining body. This is achieved through a "plurality of regions" where vertical displacement varies and through "one or more foam members having structural modification," such as different Indentation Load Deflections (ILDs) or physical shaping at different longitudinal positions, to support the body with low pressure and maintain alignment (’172 Patent, Abstract; col. 6:34-41).
- Technical Importance: This patent focuses on achieving zoned support through the intrinsic properties and structural design of the mattress core itself, including specific modifications to foam members, rather than solely relying on a layered system of uniform and non-uniform components (’172 Patent, col. 5:58-63).
Key Claims at a Glance
- Independent Claim 1:
- A mattress for supporting a reclining body.
- A core extending longitudinally and laterally for undergoing differing vertical displacements.
- The core has displacement parameters varying to match the displacement profile of the reclining body to support it with low body pressure.
- The core has a plurality of regions where vertical displacement varies to maintain the body in alignment.
- The core includes one or more foam members with structural modification, where the members at different longitudinal positions exhibit different displacement parameters (including different ILDs) to support the body and maintain alignment.
III. The Accused Instrumentality
Product Identification
- The complaint accuses Sleep Number’s "Performance Series" line of adjustable mattresses, specifically identifying the "p5 bed" as an exemplary infringing product (Compl. ¶18, ¶35).
Functionality and Market Context
- The complaint alleges the accused beds are marketed as providing "proper spinal alignment" (Compl. ¶18). It cites Defendant's marketing materials, which state the beds provide "5 zones of contouring support" for "pressure-relieving support for five areas of your body: head/neck, shoulders, lower back, hips, and feet" (Compl. ¶20, ¶38). An exploded-view image from Defendant’s website shows the accused p5 bed is constructed of multiple layers of foam above an air chamber system (Compl. ¶19, ¶36). The complaint identifies the p5 bed as Sleep Number's "most popular bed" (Compl. ¶18, ¶35).
IV. Analysis of Infringement Allegations
’698 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a resilient top member having a top region possessing uniform displacement parameters for providing a uniform supporting surface pressure to the reclining body | The accused beds include a resilient top member, identified as the layer directly above a contoured foam layer, which allegedly has uniform properties to provide uniform surface pressure. An image from Defendant’s website shows the various layers. (Compl. ¶19). | ¶19 | col. 7:46-51 |
| resilient supporting means below said top member... with differing displacement parameters along the longitudinal direction for imparting differing vertical compressions... for coacting with said top member for establishing alignment of the shoulder, waist and hip parts and for establishing low supporting surface pressure on the body | The accused beds allegedly have differing displacement parameters along their length, which Defendant markets as "5 zones of contouring support" to provide alignment and pressure relief. An illustration from Defendant's materials depicts a properly aligned spine. (Compl. ¶21). | ¶20, ¶21 | col. 7:52-64 |
| a cover for covering said resilient top member and said resilient supporting means without interfering with the displacement parameters and the vertical compressions when supporting said reclining body | The accused beds include a mattress cover that allegedly covers the internal components without interfering with their function. An image from Defendant's materials shows the mattress cover. (Compl. ¶23). | ¶23 | col. 8:21-29 |
Identified Points of Contention
- Scope Questions: A central question may be whether the combination of foam layers and underlying adjustable air chambers in the accused Sleep Number beds constitutes the "resilient supporting means" as described in the patent. The analysis may explore whether the claim, which is described primarily through foam embodiments, can be read to cover a hybrid foam-and-air system.
- Technical Questions: What evidence does the complaint provide that the "top member" of the accused beds possesses "uniform displacement parameters"? The complaint identifies a layer in a diagram (Compl. ¶19) but does not detail its specific material properties.
’172 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a core... for undergoing differing vertical displacements when supporting the reclining body | The complaint alleges that the mattress core in the accused beds undergoes differing vertical displacements when supporting a person, as recited in the claim. | ¶37 | col. 6:21-24 |
| said core having displacement parameters varying to match the displacement profile of the reclining body whereby the reclining body is supported by low body pressure | The accused beds are marketed as providing "5 zones of contouring support" for "pressure-relieving support," which allegedly constitutes varying displacement parameters that match a user's body profile. A marketing screenshot highlights this feature. (Compl. ¶38). | ¶38 | col. 6:25-28 |
| said core having a plurality of regions where the vertical displacement... varies to match the displacement profile... to maintain the reclining body in alignment | The accused beds allegedly have multiple regions that provide varied vertical displacement to maintain spinal alignment. An illustration from Defendant's materials is provided to show the bed supporting a user with proper alignment. (Compl. ¶38). | ¶38 | col. 6:29-33 |
| said core including one or more foam members having structural modification where the one or more foam members at different longitudinal positions exhibit different displacement parameters including different ILDs... to maintain the reclining body in alignment | The complaint alleges the accused mattress core includes a foam member with structural modifications, pointing to different foam layers that allegedly have different ILDs to support the body. An annotated image from Defendant’s website highlights an allegedly infringing foam member. (Compl. ¶40). | ¶40 | col. 6:34-41 |
Identified Points of Contention
- Scope Questions: The analysis will likely focus on the meaning of "structural modification." A question for the court will be whether simply layering different types of foam, as alleged in the complaint (Compl. ¶40), meets this limitation, or if the term, in the context of the patent, requires a more specific alteration such as the contour-cutting or variable-thickness designs shown in the patent’s figures.
- Technical Questions: Does the complaint provide sufficient evidence that the different foam layers in the accused beds actually "exhibit different displacement parameters including different ILDs"? The complaint makes this allegation "on information and belief" (Compl. ¶40) but does not cite specific technical data for the accused products.
V. Key Claim Terms for Construction
For the ’698 Patent
- The Term: "resilient supporting means"
- Context and Importance: This term defines the core component responsible for zoned support and alignment. The infringement analysis will depend on whether Defendant's combination of foam layers and adjustable air chambers falls within the scope of this term. Practitioners may focus on this term because the patent's specification heavily emphasizes foam embodiments, while the accused products utilize a different technology (air chambers) as a key support element.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification explicitly contemplates "dynamic air-inflated adjusting members for tuning the mattress" ('698 Patent, col. 5:35-37), which may support construing the term to include air-based systems.
- Evidence for a Narrower Interpretation: The detailed descriptions and embodiments focus almost exclusively on combinations of different foam members with varying ILD values and thicknesses as constituting the "resilient supporting means" ('698 Patent, col. 9:11-41; Tables 1 & 2).
For the ’172 Patent
- The Term: "foam member having structural modification"
- Context and Importance: This limitation is central to the infringement theory against the ’172 Patent. The case may turn on whether stacking different standard foam layers, as alleged for the accused product (Compl. ¶40), constitutes a "structural modification," or if the term requires physical alteration of a single foam member.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language itself is broad and does not explicitly limit the form of the modification. The use of "different ILDs" in the claim could be argued to inherently imply the use of structurally different foam materials, even if they are simply layered.
- Evidence for a Narrower Interpretation: The patent's detailed description provides specific examples of "structural modification," such as foam members with "irregular internal surfaces" created by "contour cutting" ('172 Patent, col. 25:13-16) or foam layers with "structurally modified... slots" or "cone-shaped holes" ('172 Patent, col. 7:65-col. 8:15). These specific examples may suggest a narrower construction limited to physical alterations rather than simple layering.
VI. Other Allegations
- Indirect Infringement: The complaint alleges that Sleep Number induces infringement by providing "instructional and other explanatory materials to its customers" on the use and assembly of the accused beds (Compl. ¶26, ¶43). It further alleges contributory infringement, stating the accused beds are "especially made or adapted" for infringement and are not staple articles of commerce (Compl. ¶27, ¶44).
- Willful Infringement: The complaint alleges that Sleep Number had pre-suit knowledge of the patents because the inventor, Roger Sramek, disclosed them to the company (then Select Comfort) prior to the founding of Level Sleep (Compl. ¶13, ¶25, ¶42). Based on this alleged knowledge, the complaint asserts that any infringement has been and continues to be willful (Compl. ¶30, ¶47).
VII. Analyst’s Conclusion: Key Questions for the Case
- A central issue will be one of definitional scope: can the term "resilient supporting means" (’698 Patent), which is primarily described in the context of foam-based embodiments, be construed to cover the accused product's hybrid system of foam layers and underlying adjustable air chambers?
- A second core issue will be the construction of "structural modification" (’172 Patent): does the simple layering of different foam materials, as alleged in the complaint, meet this claim limitation, or does the term require a more specific physical alteration, such as the contour-cutting or perforations detailed in the patent’s specification?
- A key factual dispute will concern willfulness: the complaint’s allegation of pre-suit notice via direct meetings between the inventor and the defendant (Compl. ¶13) raises a significant question of fact that, if proven, could substantially impact potential damages.