Case: 1:19-cv-02606 Document #: 1 Filed: 04/17/19 Page 1 of 4 PageID #:1

IN THE UNITED STATES DISTRICT COURT

FOR THE NOTHERN DISTRICT OF ILLINOIS

SAJ GROUP, LLC )

)
Plaintiff, )
) Case No. 1:19-cv-02606
v. )
)
OETTINGER DAVIDOFF AG, )
GERALD BERNARD GALLERY, INC., )
BIGGS MANSION, LLC, ) JURY DEMANDED
)
Defendants. )

COMPLAINT

Now comes Plaintiff SAJ GROUP, LLC, by its undersigned counsel Loevy & Loevy, and

for its patent infringement complaint against Defendants OETTINGER DAVIDOFF AG,

GERALD BERNARD GALLERY, INC., and BIGGS MANSION, LLC, alleges as follows:

INTRODUCTION

1. This is a patent infringement lawsuit involving U.S. Design Patent No. D819,884,

issued June 5, 2018, titled “Glass With Integrated Rests for Tobacco Products” (‘884 Patent). A

copy of the ‘884 Patent is attached as Exhibit A.

2. While the application for the ‘884 Patent was pending, SAJ GROUP contacted

DAVIDOFF to apprise it of the pending application and engaged in an unsuccessful attempt to

resolve DAVIDOFF’s sales of a product that would infringe the claims of the ‘884 Patent.

PARTIES

3. Plaintiff SAJ GROUP is the owner of all right, title, and interest in ‘884 Patent.

SAJ GROUP has its principal place of business in Chicago, Illinois.

4. James A. Shotwell is the principal of SAJ GROUP and the inventor of the ‘884

Patent. Mr. Shotwell lives in Chicago, Illinois, and is employed by the Cook County Public
 Case: 1:19-cv-02606 Document #: 1 Filed: 04/17/19 Page 2 of 4 PageID #:2

Defender’s Office as Deputy Chief of Investigations. Mr. Shotwell is a former Lieutenant with

the Cook County Sheriff’s Office and an Army veteran.

5. Defendant DAVIDOFF is a Swiss company with its principal place of business in

Basel, Switzerland.

6. Defendant GERALD BERNARD GALLERY, INC. does business as cigar shop

The Up Down Tobacco Shop, and is an Illinois Corporation with its principal place of business

in Chicago, Illinois.

7. Defendant BIGGS MANSION, LLC is an Illinois LLC with its principal place of

business in Chicago, Illinois.

JURISDICTION AND VENUE

8. This case presents a federal question of patent infringement under 35 U.S.C. §

271 and 289, and as a result, this Court has subject matter jurisdiction.

9. DAVIDOFF has sold and offered for sale infringing products in this District.

Because DAVIDOFF is a foreign entity, venue is governed by 28 U.S.C. § 1391(c)(3), not 28

U.S.C. § 1400(b), and is appropriate in this District based on acts of infringement in this District.

10. The remaining Defendants have sold and offered for sale infringing products in

this District and have their principal places of business in this District, so venue is appropriate as

to those Defendants under 28 U.S.C. § 1400(b).

THE PATENT

11. The ‘884 Patent claims “[t]he ornamental design for a glass with integrated rests

for tobacco products[.]”

12. The invention in the ‘884 Patent is depicted in a series of figures in the patent,

including Figures 1 and 8:

2
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THE INFRINGING PRODUCT

13. SAJ accuses Defendants of infringing the sole claim in the ‘884 Patent through

sales and offers for sale in the United States of at least the Davidoff Winston Churchill Cigar

Spirit Glasses, both individually and as part of cigar/glass gift sets. The following images of the

infringing product are taken from the DAVIDOFF website:

3
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COUNT I – WILLFUL PATENT INFRINGEMENT

14. The above paragraphs are incorporated herein.

15. SAJ GROUP is the owner of all rights and interests in the ‘884 Patent.

16. Defendants have infringed the sole claim of the ‘884 Patent through at least the

sale and offer for sale of the Davidoff Winston Churchill Cigar Spirit Glasses, also known as

Spirit Rest and Cigar Rest Glassware.

17. DAVIDOFF has been aware of SAJ’s pending patent application, and upon

information and belief, has monitored the status of the application and has been aware that it

issued as the’884 Patent.

WHEREFORE, Plaintiff ask the Court to:

18. Declare that Defendants have infringed the ‘884 Patent;

19. Award damages in the amount of the greater of (A) disgorgement of Defendants’

profits or (B) a reasonable royalty plus treble damages for willful infringement;

20. Award attorney fees and costs pursuant to Section 285 of the Patent Act;

21. Grant any further relief the Court deems just and proper.

JURY DEMAND

Plaintiff demands a trial by jury on all claims so triable.

RESPECTFULLY SUBMITTED,

/s/ Matthew V. Topic

Attorneys for Plaintiff

Jonathan Loevy
Matthew Topic
LOEVY & LOEVY
311 N. Aberdeen, Third Floor
Chicago, IL 60607
(312) 243-5900
matt@loevy.com
4
 DONNA MUINDI U AHMI
Case: 1:19-cv-02606 Document #: 1-1 Filed: 04/17/19 Page 1 of 6 PageID #:5
USOOD8198845

(12 ) Shotwell
United States Design Patent ( 10) Patent No.: US D819 ,884 S
(45) Date of Patent: * * Jun. 5 , 2018
(54 ) GLASS WITH INTEGRATED RESTS FOR OTHER PUBLICATIONS
TOBACCO PRODUCTS
International search report from PCT/US2017 /061940 .
(71 ) Applicant: SAJ Group , LLC , Chicago , IL (US ) Primary Examiner — Susan Bennett Hattan
(72) Inventor: James A . Shotwell, Chicago, IL (US) Assistant Examiner — Rebecca Tsehaye
( 74 ) Attorney, Agent, or Firm — Crawford Intellectual
( 73 ) Assignee: SAJGROUP, LLC , Chicago, IL (US) Proper ; Brie A . Crawford
(* * ) Term : 15 Years (57) CLAIM
(21) Appl. No.: 29 /585 , 256 The ornamental design for a glass with integrated rests for
tobacco products , as shown and described .
(22) Filed : Nov . 22 , 2016 DESCRIPTION
Related U .S . Application Data FIG . 1 depicts a top perspective view of the glass with
(63 ) Continuation - in -part of application No. 15 /355,718, integrated rests for tobacco products showing my new
filed on Nov . 18 , 2016 . design ;
(51) LOC (11) Cl. .... .......... 27-03
FIG . 2 depicts a front plan view of the glass with integrated
rests for tobacco products shown in FIG . 1 ;
(52 ) U . S . CI. FIG . 3 depicts a rear plan view of the glass with integrated
USPC D27 /135 rests for tobacco products shown in FIG . 1 and the reverse
(58 ) Field of Classification Search view of FIG . 2 ;
USPC ..... ... D27/118 , 106 , 102, 104 , 105 ; D7/514 , FIG . 4 depicts a top plan view of the glass with integrated
D7/500 , 510 , 523 , 532 , 528 ; D9/774 , rests for tobacco products shown in FIG . 1 ;
D9/767 , 763 , 772 , 777 , 778 , 414 , 428 , FIG . 5 depicts a bottom plan view of the glass with inte
D9/ 429 ; 131 /231 , 240 , 240 .1 , 241, 242 grated rests for tobacco products shown in FIG . 1 and the
CPC .... ... .... . ............. A24F 15 /08; A24F 15 /00 reverse view of FIG . 4 ;
See application file for complete search history . FIG . 6 depicts a left plan view of the glass with integrated
( 56 ) References Cited rests for tobacco products shown in FIG . 1 ;
FIG . 7 depicts a right plan view of the glass with integrated
U . S . PATENT DOCUMENTS rests for tobacco products shown in FIG . 1 and the reverse
view of FIG . 6 ; and ,
1 , 106 ,204 A 8 / 1914 Gross FIG . 8 depicts a top perspective view of the glass with
2 ,092,743 A 9 / 1937 Hirner integrated rests for tobacco products shown in FIG . 1
2 ,588, 208 A 3 / 1952 Connellan showing a tobacco product in broken line that formsno part
2 ,786 ,474 A 3/ 1957 Miller of the claimed design .
2 ,919 , 096 A 12 / 1959 Cohen
D244,302 S * 5 / 1977 Bradley D27 / 104 The broken lines in FIG . 5 depicts a portion of the glass with
4 , 142 ,537 A 3 / 1979 Fenelon integrated rests for tobacco products that formsno part of the
4 , 187, 864 A
D395 ,097 S *
2 / 1980 Taddeo
6 / 1998 Barton D27/ 135
claimed design .
(Continued ) 1 Claim , 4 Drawing Sheets

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Exhibit A
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US D819 , 884 S
Page 2

(56 ) References Cited

U . S . PATENT DOCUMENTS
D403 ,804 S 1/ 1999 Silkaitis
6 ,032, 824 A 3 / 2000 Barrow
D432 ,712 S * 10 /2000 Perrier ... ............ D27 / 102
D468, 857 S * 1/ 2003 Foote ... D27/ 104
D493 ,011 S * 7 /2004 Foote D27 / 104
D496 , 753 S * 9 /2004 Thornell D27 / 105
7 ,096, 521 B2 . 8/ 2006 Rifkin
7 ,661,431 B1 2 /2010 Barrios
D655, 984 S * 3 / 2012 Andreesen ..................... 07/ 509
D658 ,329 S * 4 /2012 Katz ....... .... D27 / 125
D780 ,992 S * 3 /2017 Lozier ... D27 / 103
D785 , 860 S * 5 /2017 Fischer D27 / 102
2003/ 0230244 Al 12/ 2003 Morrison
2008/ 0022937 A11 / 2008 Shirley
2009/0272390 A1 11/ 2009 Blondeel
* cited by examiner
 Case: 1:19-cv-02606 Document #: 1-1 Filed: 04/17/19 Page 3 of 6 PageID #:7

U . S . Patent Jun . 5 , 2018 Sheet 1 of 4 US D819 ,884 S

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U . S . Patent Jun . 5 , 2018 Sheet 2 of 4 US D819 ,884 S

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 Case: 1:19-cv-02606 Document #: 1-1 Filed: 04/17/19 Page 5 of 6 PageID #:9

U . S . Patent Jun . 5 , 2018 Sheet 3 of 4 US D819 ,884 S

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U . S . Patent Jun . 5 , 2018 Sheet 4 of 4 US D819 ,884 S

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 Case: 1:19-cv-02606 Document #: 1-2 Filed: 04/17/19 Page 1 of 2 PageID #:11
ILND 44 (Rev. 09/07/18) CIVIL COVER SHEET
The ILND 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.)
I. (a) PLAINTIFFS DEFENDANTS
SAJ Group, LLC Oettinger Davidoff AG, Gerald Bernard Gallery, Inc., Biggs Mansion, LLC

(b) County of Residence of First Listed Plaintiff Cook County of Residence of First Listed Defendant
(Except in U.S. plaintiff cases) (In U.S. plaintiff cases only)
Note: In land condemnation cases, use the location of the tract of land involved.

(c) Attorneys (firm name, address, and telephone number) Attorneys (if known)

Loevy & Loevy, 311 N. Aberdeen St., 3rd Floor, Chicago, IL 60607
(312) 243-5900

II. BASIS OF JURISDICTION (Check one box, only.) III. CITIZENSHIP OF PRINCIPAL PARTIES (For Diversity Cases Only.)
(Check one box, only for plaintiff and one box for defendant.)
1 U.S. Government ■ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government not a party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business in This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate citizenship of parties in Item III.) of Business in Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

IV. NATURE OF SUIT (Check one box, only.)
CONTRACT TORTS
110 Insurance PERSONAL INJURY
120 Marine 310 Airplane
130 Miller Act 315 Airplane Product
140 Negotiable Instrument Liability
150 Recovery of Overpayment 320 Assault, Libel & Slander
& Enforcement of Judgment 330 Federal Employers’
151 Medicare Act Liability
152 Recovery of Defaulted Student 340 Marine
Loans (Excludes Veterans) 345 Marine Product Liability
153 Recovery of Veteran’s Benefits 350 Motor Vehicle
160 Stockholders’ Suits 355 Motor Vehicle
190 Other Contract Product Liability
195 Contract Product Liability 360 Other Personal Injury
196 Franchise 362 Personal Injury -
Medical Malpractice
REAL PROPERTY CIVIL RIGHTS
210 Land Condemnation 440 Other Civil Rights
220 Foreclosure 441 Voting
230 Rent Lease & Ejectment 442 Employment
240 Torts to Land 443 Housing/
245 Tort Product Liability Accommodations
290 All Other Real Property 445 Amer. w/Disabilities -
Employment
446 Amer. w/Disabilities -
Other
448 Education
Foreign Country
PRISONER PETITIONS LABOR OTHER STATUTES
PERSONAL INJURY 510 Motions to Vacate Sentence 710 Fair Labor Standards Act 375 False Claims Act
530 General 530 General 720 Labor/Management Relations 376 Qui Tam (31 USC 3729 (a))
367 Health Care/ 535 Death Penalty 740 Railway Labor Act 400 State Reapportionment
Pharmaceutical +DEHDV&RUSXV 751 Family and Medical 410 Antitrust
Personal Injury 540 Mandamus & Other Leave Act 430 Banks and Banking
Product Liability 550 Civil Rights 790 Other Labor Litigation 450 Commerce
368 Asbestos Personal Injury 555 Prison Condition 791 Employee Retirement 460 Deportation
Product Liability 560 Civil Detainee – Conditions Income Security Act 470 Racketeer Influenced and
of Confinement Corrupt Organizations
480 Consumer Credit
PERSONAL PROPERTY PROPERTY RIGHTS 485 Telephone Consumer
370 Other Fraud 820 Copyrights Protection Act (TCPA)
371 Truth in Lending 830 Patent 490 Cable/Sat TV
380 Other Personal 835 Patent – Abbreviated 850 Securities/Commodities/
Property Damage New Drug Application Exchange
385 Property Damage 840 Trademark 890 Other Statutory Actions
Product Liability 891 Agricultural Acts
893 Environmental Matters
BANKRUPTCY FORFEITURE/PENALTY SOCIAL SECURITY 895 Freedom of Information Act
422 Appeal 28 USC 158 625 Drug Related Seizure 861 HIA (1395ff) 896 Arbitration
423 Withdrawal 28 USC 157 of Property 21 USC 881 862 Black Lung (923) 899 Administrative Procedure
690 Other 863 DIWC/DIWW (405(g)) Act/Review or Appeal of
864 SSID Title XVI Agency Decision
IMMIGRATION 865 RSI (405(g)) 950 Constitutionality of
462 Naturalization State Statutes
Application
463 Habeas Corpus - Alien FEDERAL TAXES
Detainee (Prisoner Petition) 870 Taxes (U.S. Plaintiff
465 Other Immigration or Defendant)
Actions 871 IRS—Third Party
26 USC 7609

V. ORIGIN (Check one box, only.)

1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation Litigation
(specify) Direct File
VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are filing and VII. PREVIOUS BANKRUPTCY MATTERS (For nature of suit 422 and 423, enter the
write a brief statement of cause.) case number and judge for any associated bankruptcy matter previously adjudicated by a judge of this Court.
Use a separate attachment if necessary.)
35 USC 271 and 289 - Patent Infringement
VIII. REQUESTED IN Check if this is a class action Under rule 23, Demand $ Check Yes only if demanded in complaint.
COMPLAINT: F.R.CV.P. Jury Demand: Yes No
IX. RELATED CASE(S) (See instructions)
IF ANY Judge Case Number
X. Is this a previously dismissed or remanded case? Yes No If yes, Case # Name of Judge
Date Signature of attorney of record
04/17/2019 /s/ Matthew V. Topic
 Case: 1:19-cv-02606 Document
INSTRUCTIONS FOR #:COMPLETING
ATTORNEYS 1-2 Filed: 04/17/19 Page
CIVIL COVER 2 of
SHEET 2 PageID
FORM JS 44 #:12
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) 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.

(b) 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.)

(c) 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. Previous Bankruptcy Matters For nature of suit 422 and 423 enter the case number and judge for any associated bankruptcy matter previously adjudicated
by a judge of this court. Use a separate attachment if necessary.

VIII. 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.

IX. 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.

X. Refiling Information. Place an "X" in the Yes box if the case is being refiled or if it is a remanded case, and indicate the case number and name of judge. If
this case is not being refiled or has not been remanded, place an “X” in the No box.

Date and Attorney Signature. Date and sign the civil cover sheet.

Rev. 09/07/2018