Spray Control v. Roberson - Complaint

8/20/2019 Spray Control v. Roberson - Complaint

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MINNESOTA

Spray Control Systems, Inc.,

Plaintiff,

v.

Donald Roberson,

Defendant.

Case No. _______________

Declaratory Judgment Complaint

Spray Control Systems, Inc. (“SCS”) asserts the following claims against

Donald Roberson:

Jury Demand

Plaintiff demands a jury trial on all issues so triable.

Introduction

1. This is an action for declaratory judgment under 28 U.S.C. § 2201 et

seq. and Fed. R. Civ. P. 57.

2. Plaintiff seeks declaratory judgment that United States Patent

Numbers: D625,103 (the “‘103 Patent”) is not infringed by Plaintiff and that the

‘103 Patent is invalid.

CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 1 of 8


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The Parties

3. SCS is a corporation organized pursuant to Minnesota law having

place of business at a business address at 500 Minimizer Way, Blooming Prairie,

MN 55917. SCS sells “Minimizer” branded products.

4. Upon information and belief, Donald Roberson, is an individual

living at 7511 Magnolia Beach Rd., Dunham Springs, LA 70726.

Jurisdiction and Venue

5. These claims arise under the Patent Act, 35 U.S.C. § 1 et seq. and the

Declaratory Judgment Act, 28 U.S.C. § 2201 et seq. This Court has subject matter

jurisdiction over these claims pursuant to 28 U.S.C. §§ 1331, 1338 and 2201.

6. Mr. Roberson caused the Cease and Desist Letter (defined below) to

be sent to SCS.

7. Venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400.

Background

8. SCS is a Minnesota based company that sells a variety of products,

including products for over-the-road trucks. Among the products that are sold

by SCS is the “Single Tire Work Bench,” shown below:



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9. On or around February 8, 2016, SCS received a letter dated February

2, 2016 from R. David Brown (“Cease and Desist Letter”), an attorney

representing Mr. Roberson. A true and accurate copy of the Cease and Desist

Letter is attached as Exhibit 1 (without attachments).

10. Among other things, the Cease and Desist Letter asserts that SCS’s

single tire work bench infringes the ‘103 Patent.

11. SCS denies the allegations made by Mr. Roberson in the Cease and

Desist Letter.

12. The Cease and Desist Letter is evidence that there is a substantial

controversy between the parties of sufficient immediacy and reality to warrant

the issuance of a declaratory judgment.



4/244

Count I: Non-Infringement of the ‘103 Patent

13. Plaintiffs re-allege each and every allegation set forth in paragraphs

1 through 12.

14. A true and accurate copy of the ‘103 Patent is attached hereto as

Exhibit 2.

15. On information and belief, Mr. Roberson is the owner of the ‘103

Patent.

16. The ‘103 Patent claims the design as shown in the solid lines of the

figure below:

17. Mr. Roberson asserts that SCS’s “Single Tire Work Bench,” shown

below, infringes the ‘103 Patent.



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18. Plaintiff does not infringe the ‘819 Patent.

19. In order to infringe a design patent, the court looks to the “ordinary

observer” test. See Egyptian Goddess, Inc. v. Swisa, 543 F.3d 665 (Fed. Cir. 2008).

The Federal Circuit has indicated that “proof of similarity under the ordinary

observer test is not enough to establish design patent infringement” Id. at 670

(citing cases). “In some instances, the claimed design and the accused design

will be sufficiently distinct that it will be clear without more that the patentee has

not met its burden of proving the two designs would appear ‘substantially the

same’ to the ordinary observer. . . “ Id. at 679.

20. Without exhausting all the differences between the patented design

and the accused design, one can see that the patented design has several

elements that are not present on the allegedly infringing design. For example the

patented design has a base that is angular in nature. There are not similar angles



6/246

in the SCS product. As another example, the patented design appears to have a

planer surface in the tool holding area, whereas the SCS design does not. Finally,

the patented design has a tool tray that extends out over the base, whereas the

SCS tray is entirely above the base.

21. Given the obvious differences between the patented design and the

accused infringing design, Plaintiff is entitled to a ruling that this case is an

exceptional case pursuant to 35 U.S.C. § 285, and may recover its costs and fees.

Count II: Invalidity the ‘103 Patent

22. Plaintiffs re-allege each and every allegation set forth in paragraphs

1 through 21.

23. The ‘103 Patent is invalid or unenforceable because, among other

things, the claimed design is anticipated or obvious in light of the prior art. See

35 U.S.C. §§ 102, 103.

24. For example, United States Patent 4,341,304 (the “’304 Patent”),

which is attached hereto as Exhibit 3, depicts a tool tray of the following design:



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25. The ‘304 Patent issued on July 27, 1982 and pre-dates the ‘103 Patent

by nearly 30 years.

26. For argument’s sake, if the SCS “Single Tire Work Bench” is found to

infringe the ‘103 Patent (which could only happen if the ‘103 Patent were

improperly construed), then the ‘103 Patent claims will be so broad as to

encompass the prior art, such as the ‘304 Patent. Under such a construction, the

‘103 Patent would be invalid n view of the prior art.

27. The ‘103 Patent also claims functional aspects, which invalidates the

design patent.

PRAYER FOR RELIEF

WHEREFORE, SCS prays for relief as follows:

1. That the Court adjudicate and declare that the ‘103 Patent is invalid;



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2. That the Court adjudicate and declare that Plaintiff does not infringe

the ‘103 Patent;

3. That this is an exceptional case, and award Plaintiff its costs and

fees;

4. Plaintiff be granted such other further relief as the Court may deem

just and proper.

Respectfully submitted,

Dated: February 10, 2016 GRAY, PLANT, MOOTY,MOOTY & BENNETT, P.A.

By: /s/Loren L. HansenLoren L. Hansen (MN No. 387812)

Richard C. Landon (MN No. 392306)500 IDS Center80 South Eighth StreetMinneapolis, Minnesota 55402-3796Telephone: (612) 632-3000Fax: (612) [email protected]@gpmlaw.com

ATTORNEYS FOR PLAINTIFF.

GP:4302726v1



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EXHIBIT 1

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 1 of 15


10/24

R . D A V I D BROWN, ESQ. 2900 WESTFORKD R. SUITE 4 0 1

BATONROUGE LA

70827

OFFICE:225.810.3322

FAX:

225.709.9435

Email: [email protected]

LAW

OFFICE

OF

R.

DAVID BROWN

February 2, 2016

CEASE AND DESIST DEMAND

Pursuant to Title

35

of the United States Code

James Richards

Minimizer

500 Minimizer Way SE

Blooming Prairie, MN 55917

Dear

Mr.

Richards:

This law

firm

represents Donald Roberson. If you are represented by legal counsel, please direct

this letter to your attorney immediately and have your attorney notify us

of

such representation.

We are writing to notify you that your unlawful copying

of

the Tire Table® (US Patent No. USD

625,103 S) infringes upon our client's exclusive patent. Accordingly, you are hereby directed to

CEASE AND DESIST ALL PATENT INFRINGEMENT.

Donald Roberson is the owner

of

a patent in various aspects

of

the Tire Table®. Under United

States patent law, Mr.Roberson's patent protection has been in effect since the date that the Tire

Table® was created and later patented on October 1 2 2010. All patentable aspects

of

the Tire

Table® are protected under United States patent law.

It has come to our attention that since, on or around June 1 2015, you have been copying the

Tire Table® and selling it for commercial gain. We have copies of your unlawful product to

preserve as evidence. Your actions constitute patent infringement in violation

of

United States

patent laws. Under 35 U.S.C. 271 et seq., and established law, the consequences

of

patent

infringement include damages or royalties and attorney's fees, etc.

If

you continue to engage in

the aforestated patent infringement after receiving this letter, your actions will be used as

evidence

of ''willful

infringement.



11/24

We demand that you immediately (A) cease and desist your unlawful production and sale of the

Minimizer Single Tire Work Bench and/or copying of the Tire Table® and (B) provide us with

prompt written assurance within seven (7) days that you will cease and desist from further

infringement

of Mr.

Roberson's patented works. (SEE ATTACHED)

If you do not comply with this cease and desist demand within this time period, Mr. Roberson is

entitled to use your failure to comply as evidence

of willful

infringement and seek monetary

damages and equitable relief for your patent infringement. Inthe event you fail to meet this

demand, please be advised that Donald Roberson has asked us to communicate to you that it will

contemplate pursuing all available legal remedies, including, but not limited to seeking monetary

damages, injunctive relief and an order that you pay court costs and attorney's fees. Your

liability and exposure under such legal action could be considerable.

Before taking these steps, however, my client wished to give you one opportunity to discontinue

your illegal conduct by complying with this demand within seven (7) days. Accordingly, please

contact me and return a signed copy of the attached

Patent Infringement Agreement

within seven

(7) days to:

R. David Brown

2900 Westfork Drive, Suite 40

I

Baton Rouge, LA 70827

Fax: 225.709.9435

Email: [email protected]

If you or your attorney(s) have any questions, please contact me directly.

Sincerely,

R. David Brown



12/24

EXHIBIT 2



13/24

(12) United States Design Patent

Roberson

U S O O D 6 2 5 1

03

S

(10)

Patent

No.:

(45)

Date of

Patent:

US D625,103 S

Oct. 12,2010

(54)

TIRE SUPPORTED TABLE

7,207,438 B2· 4/2007 Lieffring

et

aI 206/378

(76) Inventor:

Donald Roberson,

7511 Magnolia

Beach Rd., Dunham Springs, LA (US)

70726

(**) Term:

14

Years

(21) Appl, No.: 29/280 234

(22) Filed:

May

22,

2007

(51)

LOC 9) CI. 03-01

(52)

U.S. CI. D3/304

(58)

Field of Classification Search D3/304,

D3/307,309-310 312-313; 206/349,373,

206/557;

D8171

See application file for complete search history.

(56)

References Cited

U.S. PATENT DOCUMENTS

3,269,555 A

•

8/1966

Henderson ............... 211/86.0 I

4,309,009 A

•

1/1982

Mitchell

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

248/149

4,341,304 A •

7/1982

Diller

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

206/349

5,706,991

A

1/1998 Stewart

D424,806 S

5/2000 Dixon,

Sr.

6,109,435 A 8/2000

Failor

D481,282

S

•

10/2003

Kitchen

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

D817l

cited by examiner

Primary

Examiner T.Chase Nelson

Assistant Examiner-Kathleen M Sims

74) Attorney,Agent, or

Firm BrianD. Bellamy

(57)

CLAIM

The ornamental design for a tire supported table, as shown.

DESCRIPTION

FIG. 1 is a front perspective view

of

a tire supported table

showing my new design;

FIG. 2 is a top plan view thereof;

FIG. 3 is a bottom plan view thereof;

FIG. 4 is a side elevational view thereof;

FIG. 5 is a side elevational view thereof;

FIG. 6 is a front elevational view thereof; and,

FIG. 7 is a rear elevational view thereof.

The broken line showing details of the base in FIG. 4 is

included for the purpose of showing environmental portions

of the tire supported table and forms no part of the claimed

design. The broken lines in FIG. 3 indicate the boundaries of

the claimed design, and the broken lines and areas within

these lines form no part

of

the claimed design.

Claim, 4 Drawing Sheets



14/24

u s

Patent

Oct. 12,2010

Sheet

1

of

4

US D625,103

S



15/24

u s

Patent

Oct. 12, 2010

Sheet

2

of

4

US D625,103

S

:fig 2

~ ~

--~-



16/24

u s

Patent

Oct. 12,2010

Sheet

3

of 4

US D625,103 S

l

I

I



17/24

U.S.

Patent

Oct. 12, 2010

Sheet 4 of 4

US D625,103 S

: F i a 6



18/24

EXHIBIT

3



19/24

United States

Patent

[19]

Diller

[11]

[45]

4,341,304

Jul 27, 1982

[54]

TOOL TRAY

[76] Inventor: Harold L. Diller 3980 Highland Dr.,

Mogadore, Ohio 44260

[21] Appl. No.: 196,006

[22] Filed: Oct. 10, 1980

[51]

Int. Cl.3

B65D 43/00; B65D 61/00

[52] U.S. Cl 206/349; 108/44;

206/557; 224/42.42; 296/37.1

[58] Field of Search

~ 206/557, 349;

224/42.42 R ; 296/37.1; 108/44

[56]

References Cited

U.S.

PATENT DOCUMENTS

2 670 260 2/1954 Watt 108/44 UX

2,897,974 8/1959 Cook 224/42.42 R

2 962 333 11/1960 Policastro 108/44

2,988,206 6/1961 Olson 224/42.42 R

3,048,457 8/1962 Haase 108/44

3,394,849 7/1968 Streeter 224/42.42 R

4,136,904 ,1/1979 Lauderdale 296/37.1

4 169 532 10/1979

Scapellate

2061557

Primary Examiner-William

T.

Dixson, Jr.

Attorney, Agent, or Firm-Oldham, Oldham, Hudak &

Weber Co.

[57]

A B S T R A C f

A tray for use by diesel truck mechanics, designed and

adapted for receipt and maintenance upon a tractor tire.

Fundamentally, the invention includes a base compris

ing a rectangular box which is open at the bottom.

Opposite ends of the base are each characterized by an

opening of decreasing width from the bottom of the

base upwardly, thus being adapted for receipt by vari

ous size tires with the crown of the tire being received

through the open bottom of the base. Mounted atop the

base is a tray which may be pivotally secured thereto.

9 Claims, 2 Drawing Figures



20/24

u.s.

Patent

Jul. 27, 1982

Sheet of 2

4,341,304

FIG.-I



21/24

u.s.

Patent

Jul 27, 1982

Sheet 2 of 2 4,341,304

40~

FIG.-2



22/24

1

4 341 304

2

TOOL TRAY

FIG. 1 is a perspective view of a first embodiment of

the tool tray assembly of the invention; and

FIG. 2 is a perspective view of a second embodiment

of the tool tray assembly of the invention.

ACKGROUND ART

The invention herein resides in the art of tool trays 5 BEST MODE FOR CARRYING OUT THE

and the like and, more particularly, to such a tray for INVENTION

use in the trucking industry. Presently, cab-over-engine Referring now to the drawing of FIG. 1 it can be

tractors have replaced the more conventional ones since seen that a tool tray made in accordance with the inven-

the former accommodates

a

larger trailer while staying

10

tion is designated generally by the numeral

10.

It willbe

within federal guidelines for overall length. As the understood as this description proceeds that the compo-

name implies, the engine and other mechanical systems nents of the tool tray 1 0 may be of high impact plastic,

of the cab-over-engine tractor is maintained beneath the sheet metal, or the like. The material for construction of

cab itself in a rather compact and densely populated the elements of the unit 1 0 need only be dictated by the

area. When a mechanic makes access to the eD;gine the 1 5 considerations of wear and durability. In any event, the

cab is lifted forward and there

is

generally little area tool tray 10 includes a base 1 2 which

is

generally of a

upon which the mechanic might place tools, parts, or rectangular box construction. The base

12

includes

repair equipment. Indeed, the engine itself is well en- front and back plates 1 4 preferably of equal size and

cumbered with related apparatus such that no flat areas side plates

16

again of equal size. A top 18 intercon-

are available for receipt of such elements. Should ele- 2 nects the plates 14 16 at the top thereof, while the bot-

ments be placed upon the engine block, they are often toms of the plates 14,16 lie within a plane defining an

lost, overlooked, or forgotten during the mechanic's open bottom for the rectangular base

12.

work efforts. Each of the front and back plates 14 are characterized

It has become common for cab-over-engine mechan- by an opening 20 therein. The openings 20 are of de-

ics to utilize one of the front or steering tires of the

2 5

creasing width from the bottom of the plate

1 4

to the

tractor as a tray of sorts to receive tools, parts, and the top of the opening, such top of the opening falling be-

like during servicing operations. These elements are neath the top

1 8

of the base 12. Preferably, the width of

placed at the top or crown of the tire, but with the tire the opening 20 decreases in increments or steps as

being typically of a circular nature; there is only a small shown, and the bottom of the opening 20 communicates

area than can receive such elements without having the 3 with and comprises a portion of the open bottom of the

same roll or fall therefrom. Similarly, the crown of the base 12.

tire

is

too unstable to receive a tool tray and, in ma~y The incremental changes in width of the opening 20

situations,

if

the tool tray is merely set on the floor, Its or the steps thereof, are defined by support edges

accessibility to the mechanic is severely limited. 22 24 26 as shown in the drawing. Vertical edges

22a 2-

5 4o 26a

orthogonally join the respective support edges

22 24 26. As will be discussed hereinafter, the separation

In light of the foregoing, it

is

an object ofan aspect of between the vertical edges 22a would accommodate

the instant invention to provide a tool tray which may one width of tire, while the separation between the

be received by a tractor tire and supported on either vertical edges 240 would accommodate a narrower

side of the crown thereof.

40

width of tire, while the separation between the vertical

Yet another object of an aspect of the invention

is

to edges

200

would accommodate yet a final width of tire.

provide a tool tray which may be received on

a

flat As further shown in the drawing, the tool tray assem-

surface such as a floor or workbench, as well as being bly

1 0

includes a tray 28 shown as a unitary open tray

received upon a tire. having

a

lip or raised side about a bottom

30. It

will be

A further object of an aspect of the invention

is

to 4 5 understood that the tray

28

could be compartmentalized

provide a tool tray which is rotatably and selectively by dividers extending between the lips if desired. A

positionable. spindle

32

passes through registered openings

in

the

An additional object of an aspect of the invention

is

to bottom

30

and top

18

with appropriate heads on each

provide a tool tray which

is

adapted to be received by side of the spindle to allow the tray

28

to rotate upon

tires of various

sizes.

50 the top

18.

As illustrated, the spindle 32 may include a

Yet another object of an aspect of the invention

is

to knob or handle at the top thereof to facilitate handling.

provide a tool tray which

is

reliable and durable in Such rotation allows for optimum positioning of tools,

operation while being constructed utilizing state-of-the- test equipment, parts, and the like, which might be re-

art techniques and components. ceived by the tool tray assembly 10.

The foregoing and other objects of the invention 5 5 It should now be appreciated that the tool tray of the

which will become apparent as the detailed description invention may, with the plates 14,16 having the bottoms

proceeds are achieved by a tool tray assembly, compris- thereof in coplanar relationship, be received and main-

ing: a base having a top interconnecting front and back tained upon a floor, workbench, or the like. In such

plates at opposite ends thereof, said front and back case, the tray 28 rotatable upon the top 1 8 of the base

plates having aligned openings therein, said base being 60

12

allows optimum accessibility by the user to the tools,

open at the bottom thereof; and a tray maintained upon parts, equipment, and the like maintained thereby. Ad-

said top. ditionally, the openings 20 in the plates 1 4 are adapted

for being received upon a tractor tire with the crown of

the tire being received through the open bottom of the

base 12 with appropriate support edges 22 24 26 being

received on the tire edges on a cord passing hrough the

tire circumference. For example,

a

tire having an

11 00

tread width might receive the support edges

22

with the

DISCLOSURE OF INVENTION

BRIEF DESCRIPTION OF DRAWING

For

a

complete

understanding'

of the objects, tech- 6 5

niques and structure of the invention, reference should

be had to the following detailed description and accom

panying drawing wherein:



23/24

3

4,341,304

vertical edges 220 of each of the plates 1 4 passing along

the vertical side edges of the tread. Similarly, for. a

tractor tire having a width of 10.00 the tray might be

received on the support edges 24 with the vertical edges

24a coming down along the sides of the tire tread. Fi- S

nally, a tire having a tread width of 9.00 might receive

the assembly

1 0

on the support edge 26 with the vertical

edges

200

coming down alongside the tire tread.

It

will be understood that the tray assembly 1 0

is

preferably positioned with the high point of the crown

10

of the tire at the center of the assembly with the appro

priate support edges of the plates

1 4

being equally

spaced on opposite sides of such crown. It will further

be understood that the support edges 22,24,26 provide 15

for vertical support, while the vertical edges

220,2-

4a 26a provide for lateral or horizontal support against

the tire edge. Finally, with the plates

1 4

being made of

plastic or sheet metal having

a

thickness on the order of

approximately 0.010 inch, the support edges 22,24,26

20

will readily be received in very secure engagement by

the treads on the tires.

Utilizing the structure of the invention, tools, test

equipment, parts, and the like may be kept readily at

hand at one centralized location while a mechanic per-

2 5

forms operations on the cab-over-engine truck. The

opening 20 in the plates

1 4

may be characterized by any

number of steps or increments of width change, depen

dent upon the standard tire widths in the industry.

With reference now to FIG.

2

a second tool tray 30

embodiment of the invention

is

designated by the nu

meral

40.

Again, a base 1 2 is provided having an open

bottom and registered openings in the front and back

plates 14. These openings

42

are of an arcuate nature,

being widest at the open bottom of the base

1 2

as

35

shown. The edges of the openings 42 are characterized

by teeth or serrations

44

for making biting securing

engagement with the truck tire, the arcuate openings 42

being of such contour as to accommodate the various 40

sizes of tires as earlier discussed. Of course, the arcuate

nature of the openings 42 are capable of being received

by any size of tire not exceeding the width of the bot

toms of such openings, the edges of the openings 42

making securing engagement with the edges of the tire.

4S

As further shown in FIG.

2

the tray 46 may substan

tially overhang the base

1 2

to receive a large quantity of

tools, parts, and the like. The tray 46 is again rotatable

about a spindle 48 and is further characterized by a hole

50 therein for receiving a hook for storage of the assem-

50

bly 40 on a wall, post, or other vertical surface.

4

Thus, it can be seen that the objects of the invention

have been satisfied with the structures presented herein

above. While in accordance with the patent statutes

only the best modes and preferred embodiments of the

invention has been presented and described in detail, it

is to be understood that the invention is not limited

thereto or thereby. Consequently, for an appreciation of

the true scope and breadth of the invention, reference

should be had to the following claims.

What is claimed is:

1. A tool tray assembly, comprising:

a base having top interconnecting front and back

plates at opposite ends thereof, said front and back

plates having aligned openings therein and said

base being open at the bottom thereof;

a tray maintained upon said top; and

wherein said aligned openings decrease in width

in

crementally in steps from the bottoms of said open

ings to the tops thereof.

2. The tool tray assembly according to claim 2

wherein said aligned openings in said front and back

plates extend upwardly from bottom edges of said front

and back plates, said bottom edges defining the bottom

of said base.

3.

The tool tray assembly according to claim

2

wherein said aligned openings are arcuate.

4. The tool tray assembly according to claim 1 which

further includes a pair of side plates interconnecting

said front and back plates at opposite edges thereof, and

further being connected to said top.

5.

The tool tray assembly according to claim

1

wherein said tray is pivotally mounted to said top.

6 . The tool tray assembly according to claim

5

wherein said tray has a raised lip about the periphery

thereof.

7.

Apparatus for receiving tools and the like, compris

ing:

a base comprising a rectangular box of rigid sheet

material and being open at the bottom thereof;

a tray pivotally maintained on top of said base; and

wherein a pair of opposed ends of said rectangular

box have openings therein, said openings extending

from said bottom of said box upwardly toward said

top of said box, and being of decreasing width from

said bottom toward said top, said openings having

serrated edges.

8. The apparatus as recited in claim 7 wherein the

width of said openings decreases incrementally.

9. The apparatus as recited in claim 7 wherein said

openings are arcuate.

55

6

65



24/24

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provided by local rules of court. This form, appr oved by the Judicial Conference of the United States in September 1974, is r equired for the use of the Clerk of Court for the purpose of ini tiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

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(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CON DEMNATION CASES, USE THE LOCATION OF

THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)Loren L. Hansen / Richard C. LandonGray Plant Mooty Mooty & Bennett, P.A.500 IDS Center, 80 South Eighth StreetMinneapolis, MN 55402(612) 632-3000

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151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 470 Racketeer Influenced and

152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations

Student Loans 340 Marine Injury Product 480 Consumer Credit

( Exclude s Ve te ran s) 345 Mar ine P roduct Liab ilit y LABOR SOCIAL SECURITY 490 Cable/Sat TV

153 Recovery of Overpayment Liability PERSONAL PROPERTY 7 10 Fair Lab or Stan dard s 8 61 HIA ( 13 95 ff ) 8 50 Secur ities/Co mm od ities/of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange

1 60 Sto ck ho ld er s’ Suits 3 55 Motor Veh icle 3 71 Tru th in Len ding 7 20 Lab or /Man ag ement 8 63 DIWC /DIW W ( 40 5( g) ) 8 90 Oth er Statu to ry Actio ns

190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts

1 95 C on tr ac t P rodu ct Li ab ili ty 360 Ot he r P er so nal P rope rt y Da ma ge 74 0 R ai lwa y La bor Ac t 86 5 R SI ( 40 5( g) ) 8 93 En vir on men ta l M at te rs

196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information362 Personal Injury - Product Liability Leave Act Act

Medical Malprac ice 790 Other Labor Litigation 896 Arbitration

R EAL P ROP ER TY CI VI L RI GHTS P RI SO NE R PE TITI ONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure

210 Land Condemnation 440 Other Civil Rights Habeas Corpus: I ncom e Secur ity Act 8 70 Tax es ( U.S. Plain tiff Act/R ev iew o r App eal o f

220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision

230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 950 Constitutionality of

240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes

2 45 T or t P rodu ct Li abi li ty A cc omm oda tion s 5 30 Ge ne ra l

290 All Other Real Property 445 Amer. w/Disabilities 535 Death Penalty IMMIGRATION

Employment Other: atura zat on pp cat on-446 Amer. w/Disabilities 540 Mandamus & Other 465 Other Immigration

Other 550 Civil Rights Actions

448 Edu cat io n 5 55 P ri son C ond it ion

560 Civil Detainee -

Conditions of

Confinement

V. ORIGIN (Place an “X” in One Box Only)Transferred fromAnother District(specify)

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated or Reopened

5 6 MultidistrictLitigation

VI. CAUSE OF

ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite j uri sdictional statutes unless diversity ):28 U.S.C. Section 2201, et seq.; 35 U.S.C. Section 1, et seq.

Brief description of cause:

Declaratory Judgment of non-infringement and invalidity of U.S. Patent No. D625,103

VII. REQUESTED IN

COMPLAINT:CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint:

JURY DEMAND: Yes No

VIII. RELATED CASE(S)

IF ANY (See instructions): JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

02/10/2016 s/ Loren L. Hansen

FOROFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


Documents

Spray Control v. Roberson - Complaint