Sheex Inc. has sued Cocona Inc. for patent infringement, alleging that its Sleep 37.5 sheets infringe on two patents Sheex received in 2013 to protect inventions it developed through years of research and development.
ADVERTISEMENT In a lawsuit filed Nov. 12 in the U.S. Federal District Court in Wilmington, Delaware, Sheex alleges Cocona's "Sleep 37.5 Sheets" and "Sleep Number Comfort Dry Sheets" infringe two Sheex patents: U.S. Patent No. 8,402,580 ("the '580 patent"), issued on March 26, 2013, entitled "Fabric System," and U.S. Patent No. 8,566,982 ("the '982 patent"), issued on Oct. 28, 2013, also entitled "Fabric System."
Sheex filed a similar lawsuit the same day against E&E Co. Ltd., d/b/a JLA Home (E&E) alleging its "Protech Performance" and "Protech Plus" allege on the same patents. Sheex filed a lawsuit on Nov. 7, 2014, in the U.S. Federal District Court in Wilmington, Delaware, against BedGear, LLC (BedGear). That suit alleges that BedGear's "Dri-Tec Performance Sheets" also infringe these same two patents.
All three lawsuits allege the companies are willfully infringing, disregarding and not respecting patents Sheex filed to protect inventions that solved the technological challenges its faced designing bed sheets made of high performance knit fabric.
"As you can see, we are very serious about vigorously protecting our patents," Michelle Marciniak, Co-Founder and Co-CEO of Sheex said in a Nov. 14 press release. "We take great pride in having invented, developed and patented our performance sleep bedding technology and will continue to fight to protect the integrity of our brand patents.
"Sheex invests substantial resources and time into the research and development of its performance sleep products and has received a number of patents for its inventions," the company said in a press release. "Sheex relies upon these patents and its patent portfolio to maintain and protect its reputation as the industry leader in performance bedding, and to protect its customers and consumers from inferior and/or imitation products that may suffer from quality or other issues and which may erode the market and wrongfully damage Sheex's good reputation."
Cocona rebraded as 37.5 last year in a play on 37.5oC, which is considered the ideal core body temperature. The company provides technologies from natural sources that add value and performance to fibers, fabrics, laminates, insulation, and films used by dozens of athletic and outdoor apparel brands, including The North Face, Adidas, Pearl Izumi, Eddie Bauer, Salomon, Mavic, Bauer Hockey, Under Armour and Reddington.
Sheex is represented in the lawsuit by Fish & Richardson P.C., a global leader in patent litigation that has a proven record of successfully handling high-tech, high-stakes matters.
Inspired by the feel and breathability of athletic performance fabrics, Sheex Co-Founders and Co-CEOs Michelle Marciniak and Susan Walvius take credit for creating the "Performance Bedding" category in 2007 by introducing breathable, stretchable, moisture-wicking technical fabrics. Marciniak and Walvius were collegiate basketball coaches at the University of South Carolina before inventing Sheex in 2007. Prior to coaching, both were accomplished collegiate student-athletes. Walvius was a star player at Virginia Tech and later was the 2002 SEC Coach of the Year at the University of South Carolina. Marciniak starred in the WNBA and for USA Basketball and was a collegiate All-America when she played for legendary coach Pat Summitt at the University of Tennessee, where she led the Lady Vols to two Final Fours and the1996 National Championship while earning Final Four MVP honors.
Since their initial invention, Sheex has grown from performance bed sheets to a full line of "top of the bed," performance cotton, fleece and more.
