Ascion llc
Author: m | 2025-04-25
Ascion LLC is a company that provides Bedding, E-commerce, Lifestyle business and more. Ascion LLC is headquartered in United States Michigan. Ascion LLC was founded in 2025. Reviews from Ascion LLC employees about Ascion LLC culture, salaries, benefits, work-life balance, management, job security, and more. Working at Ascion LLC in Cheektowaga, NY:
ASCION, LLC in Dallas, TX
Wilson and Magistrate Judge Steve Kim. (esa) October 29, 2019 Filing 3 CERTIFICATE of Interested Parties filed by defendant Ascion, LLC, (Beffa, Darin) October 29, 2019 Filing 2 CIVIL COVER SHEET filed by Defendant Ascion, LLC. (Beffa, Darin) October 29, 2019 Filing 1 NOTICE OF REMOVAL from California Superior Court, Los Angeles County, case number 19STCV14488 Receipt No: 0973-24688992 - Fee: $400, filed by defendant Ascion, LLC. (Attachments: #1 Complaint, #2 Summons, #3 Civil Case Cover Sheet, #4 Notice of Case Assignment, #5 Notice of Case Management Conference, #6 Proof of Service of Summons, #7 Answer, #8 Case Management Statement, #9 Case Management Statement, #10 Notice of Posting of Jury Fees, #11 Minute Order) (Attorney Darin T Beffa added to party Ascion, LLC(pty:dft))(Beffa, Darin) October 29, 2019 CONFORMED COPY OF ANSWER to Complaint filed by defendant Ascion, LLC. (filed in state court 8/9/2019, submitted as document 1, attachment 7)(esa) October 29, 2019 CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Bruce Hulse, upon Defendant Ascion, LLC served on 6/10/2019. Service of the Summons and Complaint were executed upon Elizabeth Hill, Admin Assistant, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (filed in state court 8/7/19, submitted as document 1, attachment 6) (esa) October 29, 2019 CONFORMED COPY OF COMPLAINT against defendants Ascion, LLC, Does, Jury Demand., filed by plaintiff Bruce Hulse. (filed in state court 4/25/19, submitted as document 1, attachment 1) (esa) Use
Ascion, LLC Careers and Employment
Bruce Hulse v. Ascion, LLC, et al Docket Report This docket was last retrieved on January 16, 2020. A more recent docket listing may be available from PACER. Date Filed Document Text December 26, 2019 Filing 15 SCHEDULING NOTICE/IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: NEW CASE STATUS CONFERENCE; and #9 MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff - The motion is submitted. Order to issue. The hearing and initial status conference previously scheduled for 01/06/2020 at 1:30 p.m. are vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY December 17, 2019 Filing 14 REPLY Reply First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #9 filed by Plaintiff Bruce Hulse. (Hamideh, Bassil) December 17, 2019 Filing 13 REQUEST of Darin T. Beffa to Withdraw as Attorney filed by defendant Ascion, LLC. (Attachments: #1 Proposed Order) (Beffa, Darin) December 16, 2019 Filing 12 Opposition Plaintiff's Motion to Remand re: First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #9 Defendant Ascion, LLC dba Reverie's Opposition to Plaintiff's Motion to Remand filed by Defendant Ascion, LLC. (Attachments: #1 Declaration Declaration of Robert Cloud In Support of Defendant Ascion, LLC, dba Reverie's Opposition to Motion to Remand, #2 Exhibit Exhibit A to Declaration of Robert Cloud, #3 Exhibit Exhibit B to Declaration of Robert Cloud)(Zaki, Andrew) December 16, 2019 Filing 11 Notice of Appearance or WithdrawalASCION LLC in Provo, UT
Warranty will cover the following product defects:Visible indentations or sagging in the mattress surface that measure three-quarters of an inch (3/4″) or deeper.Physical flaws in the mattress that cause foams or latex to split or crack despite proper foundational support.The warranty will not cover the following:A normal increase in mattress softness that does not affect its pressure-relieving abilities, or indentations or sagging in the mattress surface that do not measure deeper than three-quarters of an inch (3/4″). These issues are considered normal wear and tear.Repair or replacement requests that occur due to changes in the owner’s comfort preferences.Burns, cuts, tears, stains, and other types of damage that occur due to owner misuse, improper cleaning, and/or inadequate foundational support.This warranty is exclusively extended to original owners who purchase their mattress directly from Reverie or an authorized company retailer. Anyone who buys or acquires their mattress from the original owner or an unauthorized retailer will not be entitled to warranty coverage. Company Information 7 out of 10 owner experiences show customers have had a positive experience with Reverie, irrespective of whether or not they liked their mattress. Reverie does not currently hold a rating with the Better Business Bureau. Ascion LLC was founded in 2003; the company changed its name to Reverie in 2013. Reverie does not operate any brick-and-mortar locations, but the mattresses are sold at retailer stores throughout the country. [email protected] | 750 Denison CourtBloomfield Hills, MI 48302 | 1-888-888-5990 (sales) and 1-800-973-8374 (customer service) |. Ascion LLC is a company that provides Bedding, E-commerce, Lifestyle business and more. Ascion LLC is headquartered in United States Michigan. Ascion LLC was founded in 2025. Reviews from Ascion LLC employees about Ascion LLC culture, salaries, benefits, work-life balance, management, job security, and more. Working at Ascion LLC in Cheektowaga, NY:ASCION LLC in Yacolt, WA
Of Counsel: for attorney Andrew Zaki counsel for Defendant Ascion, LLC. Adding Andrew Zaki as counsel of record for Ascion, LLC dba Reverie for the reason indicated in the G-123 Notice. Filed by Defendant Ascion, LLC dba Reverie. (Attorney Andrew Zaki added to party Ascion, LLC(pty:dft))(Zaki, Andrew) December 3, 2019 Filing 10 SCHEDULING NOTICE: The Initial Status Conference previously scheduled for 12/16/2019 at 3:00 p.m. has been rescheduled to 1/6/2020 at 1:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY November 27, 2019 Filing 9 First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Bruce Hulse. Motion set for hearing on 1/6/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration Bassil Hamideh, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Proposed Order) (Hamideh, Bassil) October 31, 2019 Filing 8 ORDER SETTING INITIAL STATUS CONFERENCE for 12/16/2019 at 3:00 PM before Judge Stephen V. Wilson. (pc) October 31, 2019 Filing 7 NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc) October 31, 2019 Filing 6 CERTIFICATE OF SERVICE filed by defendant Ascion, LLC, served on 10/29/2019. (Attachments: #1 Notice to Adverse Party of Removal to Federal Court)(Beffa, Darin) October 29, 2019 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) October 29, 2019 Filing 4 NOTICE OF ASSIGNMENT to District Judge Stephen V.Ascion LLC Careers and Employment
Civil Action Nos. 09–10293–GAO 09–11550–GAO. 2011-09-28 ASCION, LLC and Martin Rawls–Meehan, Plaintiffs, v. RUOEY LUNG ENTERPRISE CORP. and Lung–Tan Shih, Defendants.Ruoey Lung Enterprise Corp., Plaintiff, v. Tempur–Pedic International Inc., Tempur–Pedic Sales, Inc., Tempur–Pedic North America LLC, Optima Healthcare, Inc. and Apex Health Care Manufacturing Inc., Defendants. Allen S. Rugg, Michael A. Albert, Eric G.J. Kaviar, John L. Strand, Wolf, Greenfield & Sacks, P.C., Boston, MA, for Plaintiffs. Franklin E. Gibbs, Jennifer L. Ishimoto, Wang Hartmann Gibbs & Cauley P.C., Newport Beach, CA, Richard F. Cauley, Wayne Hartmann Gibbs & Cauley PLC, Mountain View, CA, Scott McConchie, Griesinger, Tighe & Maffei, LLP, Boston, MA, for Defendants. Allen S. Rugg, Michael A. Albert, Eric G.J. Kaviar, John L. Strand, Wolf, Greenfield & Sacks, P.C., Boston, MA, for Plaintiffs. Franklin E. Gibbs, Jennifer L. Ishimoto, Wang Hartmann Gibbs & Cauley P.C., Newport Beach, CA, Richard F. Cauley, Wayne Hartmann Gibbs & Cauley PLC, Mountain View, CA, Scott McConchie, Griesinger, Tighe & Maffei, LLP, Boston, MA, for Defendants. OPINION AND ORDER O'TOOLE, District Judge. Ruoey Lung Enterprise Corporation (“Ruoey Lung”) holds United States Patent No. 7,448,100 (the “ '100 Patent”) and brought suit for patent infringement against Ascion, LLC, Martin Rawls–Meehan, Tempur–Pedic International, Inc., Tempur–Pedic Sales, Inc., Tempur–Pedic North America LLC, Optima Healthcare, Inc., and Apex Health Care Manufacturing, Inc. (collectively, the “Ascion defendants” or “the defendants”). Ruoey Lung also brought suit against Ascion, LLC, and Rawls–Meehan for breach of contract, promissory estoppel, breach of the implied covenant of good faith and fair dealing,ASCION, LLC in Sacramento, CA
Docket Parties (6) Opinions (6) Last checked: Saturday Apr 14, 2018 5:56 AM EDT Counter Claimant Tempur Sealy International, Inc. Represented By Benjamin E. Weed K&l Gates Llp - Chicago contact info Ravi S. Deol K&l Gates, Llp - Dallas contact info Steven G. Schortgen Sheppard, Mullin, Richter & Hampton Llp - Tx contact info Jennifer K. Ayers Sheppard, Mullin, Richter & Hampton Llp - Tx contact info Counter Claimant Tempur-Pedic Management, LLC Represented By Benjamin E. Weed K&l Gates Llp - Chicago contact info Ravi S. Deol K&l Gates, Llp - Dallas contact info Steven G. Schortgen Sheppard, Mullin, Richter & Hampton Llp - Tx contact info Jennifer K. Ayers Sheppard, Mullin, Richter & Hampton Llp - Tx contact info Counter Defendant Ascion, LLC Represented By Wyley S. Proctor Mccarter & English - Ma contact info Kia L. Freeman Mccarter & English - Ma contact info Brian J. Larivee Mccarter & English - Ma contact info Patrick F. Estill Jackson Kelly Pllc - Lexington contact info Amy J. Tindell Mccarter & English - Ma contact info Erik Paul Belt Mccarter & English - Ma contact info David M. Honigman Mantese Honigman P.C. contact info James J. Thomson Mccarter & English - Ma contact info Krista M. Hosmer Mantese Honigman P.C. contact info Margaret Jane Brannon Jackson Kelly Pllc - Lexington contact info Thomas R. Fulford Mccarter & English - Ma contact info Defendant Tempur Sealy International, Inc. Represented By Benjamin E. Weed K&l Gates Llp - Chicago contact info Ravi S. Deol K&l Gates, Llp - Dallas contact info Steven G. Schortgen Sheppard, Mullin, Richter & Hampton Llp - Tx contact info Bryce A. Rucker Dykema Gossett, Pllc - Detroit contact info Michael P. Cooney Dykema Gossett, Pllc - Detroit contact info Andrew J. Kolozsvary Dykema Gossett, Pllc - Detroit contact info Jennifer K. Ayers Sheppard, Mullin, Richter & Hampton Llp - Tx contact info Defendant Tempur-Pedic Management, LLC Represented By Benjamin E. Weed K&l Gates Llp - Chicago contact info Ravi S. Deol K&l Gates, Llp - Dallas contact info Steven G. Schortgen Sheppard, Mullin, Richter & HamptonASCION, LLC in Walpole, MA
And violation of Chapter 93A of the Massachusetts General Laws. The defendants have moved for summary judgment on the several claims, arguing non-infringement, invalidity, and lack of lost profits. I address these issues in turn. A. Non–Infringement The Ascion defendants argue that their beds do not infringe the '100 Patent because the patent requires, and their beds do not have, a “cushion” that is “mounted” on the beds' underlying skeletal frame. I construed “cushion” to mean “pliable mattress cushion” and “mounted” to mean “attached or affixed to another element either directly or by means of a device or structure that facilitates or accomplishes the attachment.” ( See Oct. 25, 2010 Op. & Order 4–6 (dkt. no. 54 ).) There is evidence here that the defendants' beds may possess, as the patent requires, an attached or affixed pliable mattress cushion. At the very least, a jury could reasonably find that the metal retainer bar “attaches” or “affixes” a mattress cushion that pliably molds to the shape of the beds' frame. ( See Decl. of Stevick ¶ 31–32 (dkt. no. 148).) The Court leaves that question of fact, and the question of whether the beds' foam and ticking is an attached or affixed “pliable mattress cushion,” to the sound judgment of the finder of fact. ( See id. at ¶ 24–25.) The October 25, 2010 Opinion and Order applies to the present case and appears in the docket for Ascion, LLC v. Ruoey Lung Enterprise Corp., 09–10293–GAO, 2010 WL 4183834. The Ascion. Ascion LLC is a company that provides Bedding, E-commerce, Lifestyle business and more. Ascion LLC is headquartered in United States Michigan. Ascion LLC was founded in 2025. Reviews from Ascion LLC employees about Ascion LLC culture, salaries, benefits, work-life balance, management, job security, and more. Working at Ascion LLC in Cheektowaga, NY:
FOR THE DISTRICT OF MASSACHUSETTS ASCION, LLC
Llp - Tx contact info Bryce A. Rucker Dykema Gossett, Pllc - Detroit contact info Michael P. Cooney Dykema Gossett, Pllc - Detroit contact info Andrew J. Kolozsvary Dykema Gossett, Pllc - Detroit contact info Jennifer K. Ayers Sheppard, Mullin, Richter & Hampton Llp - Tx contact info Plaintiff Ascion, LLC Represented By Wyley S. Proctor Mccarter & English - Ma contact info Kia L. Freeman Mccarter & English - Ma contact info Brian J. Larivee Mccarter & English - Ma contact info Patrick F. Estill Jackson Kelly Pllc - Lexington contact info Amy J. Tindell Mccarter & English - Ma contact info Erik Paul Belt Mccarter & English - Ma contact info David M. Honigman Mantese Honigman P.C. contact info James J. Thomson Mccarter & English - Ma contact info Krista M. Hosmer Mantese Honigman P.C. contact info Margaret Jane Brannon Jackson Kelly Pllc - Lexington contact info Thomas R. Fulford Mccarter & English - Ma contact info GPO Oct 13 2017 ORDER Denying Plaintiff's Motion to Limit Claim Terms 47 and Motion to Exclude 55. Signed by District Judge Denise Page Hood. (LSau) [Transferred from mied on 10/16/2017.] GPO Jul 28 2021 MEMORANDUM OPINION & ORDER and ORDER ON CLAIM CONSTRUCTION: The claim terms listed shall be construed as listed herein. Signed by Judge Joseph M. Hood on 7/28/2021.(KM)cc: COR GPO Sep 23 2021 OPINION AND ORDER: 1. denying 129 Plt Ascion, LLC's Motion for Leave to Supplement the Complaint.(2) No later than September 24, 2021, the parties SHALL file a Joint Stipulation, outlining the amount of time necessary to complete all relevant tasks and remaining deadlines. Signed by Judge Joseph M. Hood on 9/23/21. (JLM)cc: COR and Andrew Kolozsvary, Benjamin Weed, Bryce Rucker by US mail GPO Jul 13 2022 REPORT AND RECOMMENDATION: IT IS RECOMMENDED that, 1. Reverie's 68 Emergency Motion to Stay Deadline of Asserted Claims be DENIED AS MOOT; 2. Tempur's 164 MOTION to Supplement its motion for sanctions be GRANTED; 3. Tempur's 161 MOTION for Sanctions be GRANTED and that Reverie be responsible for all costs associated with Tempur bringing its Motion forGarden Of Eden Ascion Llc
No.I-7T19-04-E62-F100-2 4.2 out of 5 Customer Rating Price range of $2,099 - $3,398 All the features you could ask for plus a stylish furniture look Select Adjustable Base Size The R550™ adjustable base offers all the bells and whistles including full adjustability, 3D-Wave™ massage technology and more. Availability: Select Styles for Availability Price range of $2,099.00 - $3,398.00 Features Design Infinite positions for head and foot, including presets for Zero Gravity, Anti-Snore, and Flat. Four programmable positions. Quiet 3D-Wave™ massage. 4 wave modes, 10 intensities. Bluetooth® technology for connection with the Nightstand™ app for iOS and Android. With the Reverie Nightstand app, get access to a raise-to-wake alarm, infinite programmable positions, Comfort Settings, and Routines that can adjust your bed automatically. Wall Snuggler® design keeps bedside tables within reach. Under-the-bed LED nightlight to guide your way. Whisper-quiet lift system. Automatic safety stop upon weight overload. Power-down feature in the event of power loss. Bluetooth® remote with high-resolution screen. *The Bluetooth® mark and logos are registered trademarks owned by Bluetooth SIF, Inc. Any use of such marks by Ascion, LLC, is under license. Grey upholstered top with beautiful hard-body side rails on the bottom. 3-in-1 leg design for customizable bed heights (8.25”, 5.25”, and 3”). ProGrip® technology keeps the mattress in place when the bed elevates. Two (2) corner retainer bars included. Fits most modern bed frames and headboards. Headboard brackets available. Wireless charging pad included with USB ports for charging the remote. 850 lb. weight limit. 20-year limited warranty. Downloads. Ascion LLC is a company that provides Bedding, E-commerce, Lifestyle business and more. Ascion LLC is headquartered in United States Michigan. Ascion LLC was founded in 2025. Reviews from Ascion LLC employees about Ascion LLC culture, salaries, benefits, work-life balance, management, job security, and more. Working at Ascion LLC in Cheektowaga, NY:ASCION, LLC :: Michigan (US) - OpenCorporates
Of equivalents may not be applied in a manner that would entirely vitiate a claim limitation. Freedman Seating Co. v. Am. Seating Co., 420 F.3d 1350, 1358–59 (Fed.Cir.2005). “[C]ourts must consider the totality of the circumstances of each case and determine whether the alleged equivalent can be fairly characterized as an insubstantial change from the claimed subject matter without rendering the pertinent limitation meaningless.” Id. at 1359. “The fact that a claim recites numeric ranges does not, by itself, preclude [a party] from relying on the doctrine of equivalents.” Abbott Labs. v. Dey, L.P., 287 F.3d 1097, 1107–08 (Fed.Cir.2002). The Ascion defendants' claim vitiation argument would have some force if the patent claimed “at least two” stabilizer arms. Such claim language would clearly rule out infringement by a product that did not have “at least two” arms. On the other hand, if having one or two stabilizer arms is functionally insignificant, the structures could easily be regarded as equivalent. An application of the doctrine of equivalents here would not necessarily vitiate the claim limitation or render it meaningless. See Van Blarcom Closures, Inc. v. Owens–Illinois, Inc., 507 F.Supp.2d 214, 222 (E.D.N.Y.2007). B. Invalidity The Ascion defendants argue that the '100 Patent is invalid because it was anticipated by United States Patent No. 6,006,379 (the “Hensley Patent”) and United States Patent No. 6,101,647 (the “Stroud Patent”). However, genuine issues of material fact exist as to whether these patents anticipated the '100 Patent. A juror could reasonably conclude, for example, that theComments
Wilson and Magistrate Judge Steve Kim. (esa) October 29, 2019 Filing 3 CERTIFICATE of Interested Parties filed by defendant Ascion, LLC, (Beffa, Darin) October 29, 2019 Filing 2 CIVIL COVER SHEET filed by Defendant Ascion, LLC. (Beffa, Darin) October 29, 2019 Filing 1 NOTICE OF REMOVAL from California Superior Court, Los Angeles County, case number 19STCV14488 Receipt No: 0973-24688992 - Fee: $400, filed by defendant Ascion, LLC. (Attachments: #1 Complaint, #2 Summons, #3 Civil Case Cover Sheet, #4 Notice of Case Assignment, #5 Notice of Case Management Conference, #6 Proof of Service of Summons, #7 Answer, #8 Case Management Statement, #9 Case Management Statement, #10 Notice of Posting of Jury Fees, #11 Minute Order) (Attorney Darin T Beffa added to party Ascion, LLC(pty:dft))(Beffa, Darin) October 29, 2019 CONFORMED COPY OF ANSWER to Complaint filed by defendant Ascion, LLC. (filed in state court 8/9/2019, submitted as document 1, attachment 7)(esa) October 29, 2019 CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Bruce Hulse, upon Defendant Ascion, LLC served on 6/10/2019. Service of the Summons and Complaint were executed upon Elizabeth Hill, Admin Assistant, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (filed in state court 8/7/19, submitted as document 1, attachment 6) (esa) October 29, 2019 CONFORMED COPY OF COMPLAINT against defendants Ascion, LLC, Does, Jury Demand., filed by plaintiff Bruce Hulse. (filed in state court 4/25/19, submitted as document 1, attachment 1) (esa) Use
2025-04-02Bruce Hulse v. Ascion, LLC, et al Docket Report This docket was last retrieved on January 16, 2020. A more recent docket listing may be available from PACER. Date Filed Document Text December 26, 2019 Filing 15 SCHEDULING NOTICE/IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: NEW CASE STATUS CONFERENCE; and #9 MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff - The motion is submitted. Order to issue. The hearing and initial status conference previously scheduled for 01/06/2020 at 1:30 p.m. are vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY December 17, 2019 Filing 14 REPLY Reply First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #9 filed by Plaintiff Bruce Hulse. (Hamideh, Bassil) December 17, 2019 Filing 13 REQUEST of Darin T. Beffa to Withdraw as Attorney filed by defendant Ascion, LLC. (Attachments: #1 Proposed Order) (Beffa, Darin) December 16, 2019 Filing 12 Opposition Plaintiff's Motion to Remand re: First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #9 Defendant Ascion, LLC dba Reverie's Opposition to Plaintiff's Motion to Remand filed by Defendant Ascion, LLC. (Attachments: #1 Declaration Declaration of Robert Cloud In Support of Defendant Ascion, LLC, dba Reverie's Opposition to Motion to Remand, #2 Exhibit Exhibit A to Declaration of Robert Cloud, #3 Exhibit Exhibit B to Declaration of Robert Cloud)(Zaki, Andrew) December 16, 2019 Filing 11 Notice of Appearance or Withdrawal
2025-04-23Of Counsel: for attorney Andrew Zaki counsel for Defendant Ascion, LLC. Adding Andrew Zaki as counsel of record for Ascion, LLC dba Reverie for the reason indicated in the G-123 Notice. Filed by Defendant Ascion, LLC dba Reverie. (Attorney Andrew Zaki added to party Ascion, LLC(pty:dft))(Zaki, Andrew) December 3, 2019 Filing 10 SCHEDULING NOTICE: The Initial Status Conference previously scheduled for 12/16/2019 at 3:00 p.m. has been rescheduled to 1/6/2020 at 1:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY November 27, 2019 Filing 9 First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Bruce Hulse. Motion set for hearing on 1/6/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration Bassil Hamideh, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Proposed Order) (Hamideh, Bassil) October 31, 2019 Filing 8 ORDER SETTING INITIAL STATUS CONFERENCE for 12/16/2019 at 3:00 PM before Judge Stephen V. Wilson. (pc) October 31, 2019 Filing 7 NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc) October 31, 2019 Filing 6 CERTIFICATE OF SERVICE filed by defendant Ascion, LLC, served on 10/29/2019. (Attachments: #1 Notice to Adverse Party of Removal to Federal Court)(Beffa, Darin) October 29, 2019 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) October 29, 2019 Filing 4 NOTICE OF ASSIGNMENT to District Judge Stephen V.
2025-04-03Civil Action Nos. 09–10293–GAO 09–11550–GAO. 2011-09-28 ASCION, LLC and Martin Rawls–Meehan, Plaintiffs, v. RUOEY LUNG ENTERPRISE CORP. and Lung–Tan Shih, Defendants.Ruoey Lung Enterprise Corp., Plaintiff, v. Tempur–Pedic International Inc., Tempur–Pedic Sales, Inc., Tempur–Pedic North America LLC, Optima Healthcare, Inc. and Apex Health Care Manufacturing Inc., Defendants. Allen S. Rugg, Michael A. Albert, Eric G.J. Kaviar, John L. Strand, Wolf, Greenfield & Sacks, P.C., Boston, MA, for Plaintiffs. Franklin E. Gibbs, Jennifer L. Ishimoto, Wang Hartmann Gibbs & Cauley P.C., Newport Beach, CA, Richard F. Cauley, Wayne Hartmann Gibbs & Cauley PLC, Mountain View, CA, Scott McConchie, Griesinger, Tighe & Maffei, LLP, Boston, MA, for Defendants. Allen S. Rugg, Michael A. Albert, Eric G.J. Kaviar, John L. Strand, Wolf, Greenfield & Sacks, P.C., Boston, MA, for Plaintiffs. Franklin E. Gibbs, Jennifer L. Ishimoto, Wang Hartmann Gibbs & Cauley P.C., Newport Beach, CA, Richard F. Cauley, Wayne Hartmann Gibbs & Cauley PLC, Mountain View, CA, Scott McConchie, Griesinger, Tighe & Maffei, LLP, Boston, MA, for Defendants. OPINION AND ORDER O'TOOLE, District Judge. Ruoey Lung Enterprise Corporation (“Ruoey Lung”) holds United States Patent No. 7,448,100 (the “ '100 Patent”) and brought suit for patent infringement against Ascion, LLC, Martin Rawls–Meehan, Tempur–Pedic International, Inc., Tempur–Pedic Sales, Inc., Tempur–Pedic North America LLC, Optima Healthcare, Inc., and Apex Health Care Manufacturing, Inc. (collectively, the “Ascion defendants” or “the defendants”). Ruoey Lung also brought suit against Ascion, LLC, and Rawls–Meehan for breach of contract, promissory estoppel, breach of the implied covenant of good faith and fair dealing,
2025-03-30And violation of Chapter 93A of the Massachusetts General Laws. The defendants have moved for summary judgment on the several claims, arguing non-infringement, invalidity, and lack of lost profits. I address these issues in turn. A. Non–Infringement The Ascion defendants argue that their beds do not infringe the '100 Patent because the patent requires, and their beds do not have, a “cushion” that is “mounted” on the beds' underlying skeletal frame. I construed “cushion” to mean “pliable mattress cushion” and “mounted” to mean “attached or affixed to another element either directly or by means of a device or structure that facilitates or accomplishes the attachment.” ( See Oct. 25, 2010 Op. & Order 4–6 (dkt. no. 54 ).) There is evidence here that the defendants' beds may possess, as the patent requires, an attached or affixed pliable mattress cushion. At the very least, a jury could reasonably find that the metal retainer bar “attaches” or “affixes” a mattress cushion that pliably molds to the shape of the beds' frame. ( See Decl. of Stevick ¶ 31–32 (dkt. no. 148).) The Court leaves that question of fact, and the question of whether the beds' foam and ticking is an attached or affixed “pliable mattress cushion,” to the sound judgment of the finder of fact. ( See id. at ¶ 24–25.) The October 25, 2010 Opinion and Order applies to the present case and appears in the docket for Ascion, LLC v. Ruoey Lung Enterprise Corp., 09–10293–GAO, 2010 WL 4183834. The Ascion
2025-04-12Llp - Tx contact info Bryce A. Rucker Dykema Gossett, Pllc - Detroit contact info Michael P. Cooney Dykema Gossett, Pllc - Detroit contact info Andrew J. Kolozsvary Dykema Gossett, Pllc - Detroit contact info Jennifer K. Ayers Sheppard, Mullin, Richter & Hampton Llp - Tx contact info Plaintiff Ascion, LLC Represented By Wyley S. Proctor Mccarter & English - Ma contact info Kia L. Freeman Mccarter & English - Ma contact info Brian J. Larivee Mccarter & English - Ma contact info Patrick F. Estill Jackson Kelly Pllc - Lexington contact info Amy J. Tindell Mccarter & English - Ma contact info Erik Paul Belt Mccarter & English - Ma contact info David M. Honigman Mantese Honigman P.C. contact info James J. Thomson Mccarter & English - Ma contact info Krista M. Hosmer Mantese Honigman P.C. contact info Margaret Jane Brannon Jackson Kelly Pllc - Lexington contact info Thomas R. Fulford Mccarter & English - Ma contact info GPO Oct 13 2017 ORDER Denying Plaintiff's Motion to Limit Claim Terms 47 and Motion to Exclude 55. Signed by District Judge Denise Page Hood. (LSau) [Transferred from mied on 10/16/2017.] GPO Jul 28 2021 MEMORANDUM OPINION & ORDER and ORDER ON CLAIM CONSTRUCTION: The claim terms listed shall be construed as listed herein. Signed by Judge Joseph M. Hood on 7/28/2021.(KM)cc: COR GPO Sep 23 2021 OPINION AND ORDER: 1. denying 129 Plt Ascion, LLC's Motion for Leave to Supplement the Complaint.(2) No later than September 24, 2021, the parties SHALL file a Joint Stipulation, outlining the amount of time necessary to complete all relevant tasks and remaining deadlines. Signed by Judge Joseph M. Hood on 9/23/21. (JLM)cc: COR and Andrew Kolozsvary, Benjamin Weed, Bryce Rucker by US mail GPO Jul 13 2022 REPORT AND RECOMMENDATION: IT IS RECOMMENDED that, 1. Reverie's 68 Emergency Motion to Stay Deadline of Asserted Claims be DENIED AS MOOT; 2. Tempur's 164 MOTION to Supplement its motion for sanctions be GRANTED; 3. Tempur's 161 MOTION for Sanctions be GRANTED and that Reverie be responsible for all costs associated with Tempur bringing its Motion for
2025-04-23