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Pentair Water Pool and Spa et. al. v. Hayward Industries et. al.

Pentair Water Pool and Spa et. al. v. Hayward Industries et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 5:12-cv-00251-BO: Pentair Water Pool and Spa, Inc. et. al. v. Hayward Industries, Inc. et. al. Filed in U.S. District Court for the Eastern District of North Carolina, the Hon. Terrence W. Boyle presiding. See http://news.priorsmart.com/-l5Yy for more info.
Official Complaint for Patent Infringement in Civil Action No. 5:12-cv-00251-BO: Pentair Water Pool and Spa, Inc. et. al. v. Hayward Industries, Inc. et. al. Filed in U.S. District Court for the Eastern District of North Carolina, the Hon. Terrence W. Boyle presiding. See http://news.priorsmart.com/-l5Yy for more info.

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Published by: PriorSmart on May 04, 2012
Copyright:Public Domain

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02/01/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF NORTH CAROLINAWESTERN DIVISIONCivil Action No. 5:12-CV-251
PENTAIR WATER POOL AND SPA,INC. and DANFOSS DRIVES A/S,Plaintiffs,v.HAYWARD INDUSTRIES, INC., andHAYWARD POOL PRODUCTS, INC.Defendants.))))))))))))
(JURY TRIAL DEMANDED)COMPLAINT
Plaintiffs, Pentair Water Pool and Spa, Inc. (“Pentair”) and Danfoss Drives A/S(“Danfoss”) (collectively “Plaintiffs”) file their Complaint against Defendants Hayward
Industries, Inc. and Hayward Pool Products, Inc.
(collectively “Hayward”) and aver as follows:
PARTIES
 1.
 
Pentair is a corporation duly organized and existing under the laws of the State of Delaware and having a principal place of business at 1620 Hawkins Avenue, Sanford, NorthCarolina. Pentair designs, manufactures, markets and sells swimming pool and spa equipmentand accessories, including variable speed high performance pumps, at its Sanford, NorthCarolina facility and sells such products in this judicial district and across the United States andthroughout various parts of the world
.
2.
 
Danfoss is a public limited company duly organized and existing under the lawsof Denmark, and has a principal place of business at Ulsnaes 1, DK-6300, Graasten, Denmark.Danfoss designs, manufactures, markets and sells electric motors, motor drives, electronic motor
 
 Page 2controls, frequency converters, accessories for electronic control of AC motors and otherelectrical equipment, including components in Pentair products sold in this judicial district andacross the United States and throughout various parts of the world. Danfoss Low Power Drivesis a division of Danfoss Drives A/S.3.
 
On information and belief, Hayward Industries, Inc. is a corporation organizedand existing under the laws of the State of New Jersey, having its principal place of business at620 Division Street, Elizabeth, New Jersey.4.
 
On information and belief, Hayward Pool Products, Inc. is a subsidiary and/ordivision of Hayward Industries, Inc., and has its principal place of business at 620 DivisionStreet, Elizabeth, New Jersey.
See
Exhibit A (D&B Report, andhttp://www.haywardindustries.com/webapp/wcs/stores/servlet/HaywardIndustriesInfo_10201_10054_-1_divisions).5.
 
Hayward manufactures, markets and sells variable speed pumps and controllersfor pool and spa applications that compete with the variable speed high performance pumps andcontrollers manufactured, marketed and sold by Pentair and are the subject of this action.
JURISDICTION AND VENUE
6.
 
This is an action for patent infringement arising under the patent laws of theUnited States, 35 U.S.C. §§ 1
et seq
. This Court has jurisdiction over the subject matter of thisaction pursuant to 28 U.S.C. §§ 1331 and 1338(a).7.
 
On information and belief, Hayward manufactures, markets and sells the accusedpumps and controllers for variable speed pumps across the United States, and in this judicialdistrict, including EcoStar pump products and Pro Logic controllers, through at least onedealership located in Raleigh, North Carolina. Hayward has widespread and continuouscommercial contacts, such as marketing and selling its line of pool products, in this judicial
 
 Page 3district, including through the dealership in Raleigh, North Carolina.8.
 
Venue is proper in this district under 28 U.S.C. §§ 1400(b), 1391(b) and 1391(c)
.
 
THE PLAINTIFFS’
PATENTS
 9.
 
On April 27, 2010, the United States Patent and Trademark Office (“USPTO”)
duly and legally issued United States Patent No. 7,704,051 B2 entitled P
UMP
C
ONTROLLER
S
YSTEM
A
ND
M
ETHOD
 
(“the „051 Patent”). A true and correct copy of the „051 Patent is
attached hereto as Exhibit B.10.
 
By virtue of assignment agreements, Pentair is the owner of the entire right, title
and interest in and to the „051 Patent.
 
11.
 
The „051 Patent is entitled by statute to a presumption of validity pursuant to 35
U.S.C. § 282.12.
 
On September 13, 2011, the USPTO duly and legally issued United States PatentNo. 8,019,479 B2 entitled C
ONTROL
A
LGORITHM
O
F
V
ARIABLE
S
PEED
P
UMPING
S
YSTEM
(“the„479 Patent”). A true and correct copy of the „479 Patent is attached hereto as Exhibit C.
13.
 
Plaintiffs are the joint owners of the entire right, title and interest in and to the
„479 Pate
nt, by virtue of assignment agreements from the inventors.14.
 
The „479 Patent is entitled by statute to a presumption of validity pursuant to 35
U.S.C. § 282.15.
 
On information and belief, Hayward makes, uses, offers for sale and sells variablespeed pumps, including, but not limited to its EcoStar pumps, which embody and/or containvariable speed pump technology encompassed by the above patents. Selected pages from
Hayward‟s website relating to the infringing pump products are attached as Exhibit D
(http://www.hayward-pool.com/prd/In-Ground-Pool-Energy-Solutions-EcoStar-_10201_10551_21501_-1_14002__I.htm).

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