Delta T v. Williams - Complaint

Case: 1:20-cv-00559-MWM Doc #: 1 Filed: 07/17/20 Page: 1 of 21 PAGEID #: 1
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
1:20-cv-0559
CASE NO.: ________________________
ELECTRONICALLY FILED
DELTA T, LLC, d/b/a BIG ASS FANS PLAINTIFF
v.
DAVID T. WILLIAMS, VORTIKUL LTD. DEFENDANTS

AND DAFYDD & YONG, PTE. LTD.,
VERIFIED COMPLAINT
Plaintiff, Delta T, LLC, d/b/a Big Ass Fans and formerly known as Delta T Corporation
(“BAF”), for its Complaint against Defendants, David T. Williams, Vortikul Ltd. and DAFYDD
& Yong, Pte. Ltd., states as follows:
INTRODUCTION AND NATURE OF THE CASE
1. For more than four years, Defendant, David T. Williams (“Williams”), acting in
concert with the other Defendants and with other high-ranking officials of BAF’s Singapore
subsidiary, has engaged in a campaign of corporate espionage against BAF.
2. While the wrongdoing has only recently been detected and its details and extent are
not fully known, there is no doubt as to the breadth and pernicious nature of this wrongdoing.
3. While Williams acted as the managing director of BAF’s Singapore subsidiary, he
recruited the other high-ranking BAF officials at that office to organize a new corporate entity to
compete with BAF and to divert BAF’s sales opportunities to his own account. Thereafter, likely
while Williams was still managing director but in any event while Williams was still subject to his
non-compete with BAF, Williams, through the corporate defendants, began offering for sale to
BAF’s customers and prospective customers commercial and residential fans which were mere
imitations of BAF’s products, not only violating his contractual and fiduciary duties to BAF but
further infringing BAF’s patents in the process. And in order to insure the success of his illicit
venture after he left BAF, Williams enticed BAF’s remaining Singapore officials, including its
then current financial controller and its then current head of sales (these individuals have been
terminated contemporaneous with this filing), to assist him, through means that will be more fully
discovered in this lawsuit, in stealing BAF’s business.
PARTIES, JURISDICTION AND VENUE
4. BAF is a company organized under the laws of the State of Kentucky with its
principal place of business at 2348 Innovation Drive, Lexington KY 40511. BAF has, at all times
relevant to this Complaint, been a resident of Fayette County, Kentucky.
5. Williams is a citizen and resident of the State of Ohio residing at 3825 Brookhaven
Court, Mason, Ohio, 45040.
6. Vortikul Ltd. (“Vortikül”) is an Ohio corporation, with a registered agent for
service of process at Legalinc Corporate Services, Inc., 1991 Crocker Road Suite 600A, Westlake,
OH 44145. Upon information and belief, Vortikül’s principal place of business is located at
Williams’ residence. According to an email solicitation sent by Williams to a BAF customer,
Williams was the Co-Founder and CEO of Vortikül.
7. DAFYDD & Yong Pte. Ltd. (“D&Y”) is a Singapore company with its principal
place of business located at 163 Bedok South Road, 06-422, 460163, Singapore.
8. Subject matter jurisdiction exists pursuant to 28 U.S.C. § 1331 and 1338, as claims
for patent infringement under the patent laws of the United States, 35 U.S.C. § 1 et seq., including
35 U.S.C. § 271, are alleged in this case, and supplemental subject matter jurisdiction also exists
pursuant to 28 U.S.C. § 1367, because the common law, state claims arise from a common nucleus
of operative fact as those giving rise to the federal claims alleged in this case.
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9. This Court has personal jurisdiction over Williams because he is a citizen and
resident of Ohio.
10. This Court has personal jurisdiction over Vortikül because it is incorporated in Ohio
and, upon information and belief, it has its principal place of business in Ohio.
11. This Court has personal jurisdiction over D&Y because this action arises out of
D&Y’s tortious activities and its acts of doing business in Ohio and because D&Y has aided and
abetted and conspired with Williams and Vortikül in their tortious activities and their acts of
infringement within Ohio.
12. Venue is proper in this District and this Division because Williams and Vortikül
are citizens and residents of this District and Division and because a substantial part of the events
giving rise to the claims in this action occurred in this District and this Division.
FACTUAL BACKGROUND
13. BAF is a limited liability company organized and existing under the laws of the
State of Kentucky. BAF designs, engineers, manufactures and sells worldwide, residential and
commercial ceiling fans as well as lighting that transform any space “through cutting edge
technology, iconic design and effortless conservation.”
14. Williams was employed by BAF from August 16, 2012 through July 28, 2017,
including, for the period commencing January 2015 through March 2017, as the managing director
and the highest-ranking officer at BAF’s Singapore subsidiary. (Williams was still the managing
director between March 2017 and July 28, 2017, but he was on paid administrative leave during
that period).
15. As managing director of the Singapore subsidiary, Williams supervised various
BAF employees with high ranking job duties at its Singapore subsidiary, including, inter alia, Wee
Yong Teo (“Teo”), the Singapore subsidiary’s financial controller, Tze Seng (Eric) Lee (“Lee”),
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the Singapore subsidiary’s manager of sales, and Ming Min Rachel Leo (“Leo”), the Singapore
subsidiary’s sales and design representative. Each of these individuals began employment with
BAF’s Singapore subsidiary in 2014, prior to Williams’ assignment with that subsidiary.
16. In addition to the fiduciary duties that Williams owed to BAF as a high-ranking
employee of that company, Williams assumed additional duties through his agreements and
contracts with BAF. For example, prior to commencing employment with BAF, Williams agreed,
inter alia, that he owed fiduciary duties of confidence, trust and loyalty to BAF; that he would not
disclose or use any confidential information of BAF other than in the performance of his duties on
behalf of BAF; that, during his employment with BAF and for 24 months thereafter, he would not
compete with BAF or assist others in doing so; that, during his employment with BAF and for 24
months thereafter, he would not solicit or attempt to solicit BAF’s customers or BAF’s employees
away from BAF; and that, during his employment with BAF and for 24 months thereafter, he
would not: “undertake [any] planning for or organization of any business activity competitive with
the business of Big Ass Fans.” In addition, prior to his assignment with BAF’s Singapore
subsidiary, for which he was paid additional consideration, Williams agreed to “devote the whole
of [his] working time and attention to the assignment and…[not to]…engage in any other business
activity in Singapore or any other occupation undertaken for profit or gain.” The foregoing
commitments referenced in this paragraph are denominated in this Complaint as Williams’ “Non-
Compete Undertakings.”
17. Moreover, each of the above-mentioned employees that Williams supervised at
BAF’s Singapore subsidiary, that is, Teo, Lee and Leo, owed fiduciary duties as well as contractual
duties to BAF, inter alia, not to engage in any activities that would place them in competition with
BAF or that would benefit others who are in competition with BAF and not to “engage[] or
[become] interested either directly or indirectly in any capacity whatsoever in any trade or business
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in which the products manufactured, distributed and/or sold include fans of any type or other air
movement and air circulation devices” and not to “withhold from the Company any opportunity
or advantage that may arise during the course of your employment.”
18. In May 2016, wholly in contravention of his duties and obligations as the managing
director of BAF’s Singapore subsidiary, Williams organized D&Y to act as an entity in
competition with BAF in the distribution and sale of fans and other air movement devices. D&Y’s
website, attached as Exhibit 1, lists, as D&Y’s products, various commercial and residential fans
that appear to be copies of BAF’s fans. These fans are identified on D&Y’s website as Vortikül
fans.
19. In organizing D&Y, Williams recruited Teo to serve as the new company’s
Secretary and Lee to serve as the new company’s Director. Upon information and belief,
“DAFYDD” is the Old English/Celtic version of Williams’ first name (David) and “Yong” is Teo’s
given name. According to a report by the Singapore Commercial Credit Bureau, Heather Sunshine
Williams, a Cincinnati area resident and upon information and belief a relative of Williams, is the
majority (70%) shareholder of D&Y. Leo is the remaining (30%) shareholder.
20. In March 2020, while he was still bound by his Non-Compete Undertakings,
Williams incorporated Vortikül as an Ohio corporation. Prior to Vortikül’s incorporation,
Williams was using Vortikül as his dba to manufacture the competitive fans that D&Y advertises
on its website. Indeed, Vortikül’s website, Exhibit 2, attached, features the same fans, many of
which are copies of BAF’s fans, that are featured on D&Y’s website.
21. In April 2019, while his non-competition agreement was still in full force and
effect, Williams sent the following email to a BAF customer in Korea, which he sent along with a
spec sheet featuring Vortikül’s high volume low speed (“HVLS”) fans and residential ceiling fans.
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22. While Williams represented, in his solicitation email to the BAF customer in Korea,
that Vortikül was able to design and produce BAF-like fans at lower prices because it employed
former BigAssFans employees, in actuality, Williams and Vortikül were using existing BAF
employees to compete with BAF.
23. Shortly thereafter, the Korea customer brought Williams’ aforesaid email to the
attention of a BAF sales employee at the Singapore subsidiary. This employee passed the
information on to Lee, to whom that employee reported, not knowing that Lee had been co-opted
by Williams and was working to facilitate his unlawful solicitations and sales in competition with
BAF. Lee buried the information and failed to report it to BAF. (An email chain reflecting the
matters alleged in paragraphs 21-23 of this Complaint is attached as Exhibit 3.)
24. Moreover, BAF has discovered additional instances where: (a) Lee has solicited a
distributor/sales agent to sell fans on behalf of Defendants while he was working for BAF [Exhibit
4]; (b) Leo, using an alias, has solicited a BAF customer to buy a competing Vortikül fan; [Exhibit
5] and (c) a Vortikül distributor cold-called a BAF customer to buy a Vortikül fan within days of
that customer having reached out to BAF with a RFP for a commercial ceiling fan [Exhibit 5].
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25. To date, BAF has learned of at least one actual sale closed by Vortikül with a
customer that BAF was soliciting for a similar sales opportunity at the time of the Vortikül sale.
26. Upon information and belief, to be confirmed thorough discovery in this lawsuit,
Williams has been unlawfully competing with BAF and diverting sales opportunities from BAF
beginning at a time before he left his position as managing director of BAF’s Singapore subsidiary
and continuing, consistently, through to the present.
Williams has been using existing BAF employees to facilitate his unlawful solicitations and sales
through D&Y and Vortikül.
Williams has been bribing BAF’s employees to facilitate his unlawful sales.
COUNT I
BREACH OF FIDUCIARY DUTY AGAINST WILLIAMS
29. BAF incorporates by reference Paragraphs 1 through 28 as if fully rewritten herein.
30. As a high-ranking employee of BAF, Williams owed various fiduciary duties to
BAF. First, Williams owed BAF a duty of loyalty. Williams’ duty of loyalty required, inter alia,
that he be loyal and faithful to BAF throughout his employment and that he not use information
gained during his employment to BAF’s detriment or otherwise act to BAF’s detriment; that he
not act to divert BAF opportunities to his own account or to the account of others; and that he not
act to deprive BAF of its other employees’ honest services.
31. By organizing a company to compete with BAF in the sales, inter alia, of HVLS
and residential ceiling fans while he was employed by BAF as the managing director of its
Singapore subsidiary, and by recruiting the services of the BAF employees that he supervised to
assist him in doing so, Williams breached his fiduciary duty to BAF.
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32. As a direct and proximate result of Williams’ conduct, BAF has suffered damages
in an amount to be determined at trial.
33. Because Williams acted willfully, maliciously and outrageously in committing his
breaches of fiduciary duty aforesaid, BAF is entitled to an award of punitive damages against
Williams for his conduct.
COUNT II
BREACH OF NON COMPETE UNDERTAKINGS AGAINST WILLIAMS
35. Each of the contractual Non-Compete Undertakings that Williams agreed to abide
by in consideration of his employment with BAF and in consideration of his promotion to
managing director of the Singapore subsidiary was fully enforceable and binding on him.
36. Because Williams acted in violation of his Non-Compete Undertakings throughout
the original 24-month term of those Undertakings, the 24-month period has been tolled and still
remains in force and effect pursuant to the terms of his contract.
37. By organizing one company to compete with BAF in the sales, inter alia, of HVLS
and residential ceiling fans, while he was still employed by BAF as the managing director of its
Singapore subsidiary and by organizing a second company to compete with BAF during the period
of his Non-Compete Undertakings, by soliciting BAF customers and BAF employees away from
BAF, and by engaging in sales and solicitations in competition with BAF, Williams has breached
his Non-Compete Undertakings.
38. As a direct and proximate result of Williams’ breaches aforesaid, BAF has suffered
and will continue to suffer immediate and irreparable injury and damage through the loss and
continued loss of revenue, customers, reputation, and goodwill.
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39. Williams’ breaches of his Non-Compete Undertakings will continue if not
enjoined.
COUNT III
TORTIOUS INTERFERENCE WITH CONTRACT

AGAINST D&Y AND VORTIKÜL
41. D&Y and Vortikül are organizations in which others besides Williams, including
Teo, Lee and Leo, have interests.
42. D&Y and Vortikül had actual knowledge of Williams’ Non-Compete Undertakings
to BAF.
43. By facilitating Williams’ actions in soliciting sales in competition with BAF, and
by other activities which will be confirmed through discovery in this lawsuit, D&Y and Vortikül
have intentionally and maliciously interfered with BAF’s Non-Compete Undertakings with
Williams.
44. Because D&Y and Vortikül acted willfully, maliciously and outrageously in
committing their act of interference aforesaid, BAF is entitled to an award of punitive damages
against D&Y and Vortikül for their conduct.
COUNT IV
CONSPIRACY BY ALL DEFENDANTS TO VIOLATE BAF’S RIGHTS

TO ITS EMPLOYEES’ HONEST SERVICES AND/OR TO VIOLATE
BAF’S EMPLOYEES’ FIDUCIARY DUTIES
46. BAF had the right, under its contracts with its employees at its Singapore subsidiary
and under the common law, to the honest services of those employees.
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47. Moreover, pursuant to contract and common law, those employees, including inter
alia, Teo, Lee and Leo, not to take any action to the detriment of or that competes with the interests
of BAF.
48. Defendants, and each of them, knew full well of the aforesaid duties that BAF’s
employees owed to BAF.
49. By soliciting and compensating BAF’s employees, including inter alia, Teo, Lee
and Leo, to assist them in solicitations and sales in competition with BAF, and to divert BAF
opportunities over to Defendants, Defendants violated BAF’s rights to the honest services of its
employees, and they tortiously interfered with BAF’s rights under their contracts and their
relationships with those employees.
50. Defendants, and each of them, and their co-conspirator BAF employees at the
Singapore subsidiary, acted in concert and each committed an overt act in furtherance of the
conspiracy between them to violate BAF’s rights, inter alia, by soliciting and compensating BAF’s
employees, including Teo, Lee and Leo, to assist them in their illegal efforts.
51. BAF has been injured as a result of the foregoing acts of Defendants and as a result
of their unlawful conspiracy, inter alia, by the loss of sales opportunities diverted by them and
their co-conspirators to Defendants’ account.
52. As a direct and proximate result of Defendants’ conduct aforesaid, BAF has
suffered and will continue to suffer immediate and irreparable injury and damage through the loss
and continued loss of revenue, customers, reputation, and goodwill, which losses will continue if
not enjoined.
53. Because Defendants acted willfully, maliciously and outrageously in committing
their acts aforesaid and in engaging in the aforesaid conspiracy, BAF is entitled to an award of
punitive damages against Defendants for their conduct.
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COUNT V
TORTIOUS INTERFERENCE BY ALL DEFENDANTS
54. BAF incorporates by reference all preceding paragraphs as if fully rewritten herein.
55. As a result of the foregoing, Defendants have intentionally interfered with
Defendants’ rights under its contracts and employment relationships with its employees at its
Singapore subsidiary, including inter alia, Teo, Lee and Leo, and they have also intentionally
interfered with Defendants’ prospective business relationships with its customers, including, inter
alia, the customers wrongly solicited and diverted from BAF by Defendants and their co-
conspirators at BAF’s Singapore subsidiary.
not enjoined.
their acts aforesaid, BAF is entitled to an award of punitive damages against Defendants for their
conduct.
COUNT VI
AIDING AND ABETTING UNLAWFUL ACTS

BY BAF’S SINGAPORE EMPLOYEES
58. BAF incorporates by reference all preceding paragraphs as if fully rewritten herein.
59. Upon information and belief, Defendants have intentionally and substantially
assisted and encouraged BAF’s Singapore subsidiary employees to violate their obligations to
BAF.
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not enjoined.
their acts aforesaid, BAF is entitled to an award of punitive damages against Defendants for their
conduct.
COUNT VII
INFRINGEMENT OF BAF’S ‘757 PATENT BY ALL DEFENDANTS
63. Ernest John Noble (“Noble”) is an electronics engineer by training and a New
Zealand ex-patriot who resides in Malaysia. Back in 2008, Noble set out to create a unique and
innovative design for a residential ceiling fan, and ultimately designed what became known as the
HAIKU ceiling fan (the “Haiku fan”).
64. The Haiku fan incorporates state-of-the-art technology manifested in an
aesthetically beautiful, sleek and fluid design having three thin, curved blades blended seamlessly
into the fan’s center rotor. Its innovative design was inspired by the organic essentialist Ross
Lovegrove, known for his ability to design functional pieces—such as DNA strand-like shaped
staircases—which epitomize elegance without resort to unnecessary added features. In other
words, the design concept is to create a functional yet minimalist work of art.
65. By design, the Haiku fan is the antithesis of the traditional ceiling fans that saturated
the marketplace at the time of the invention of the Haiku fan. Prior to the invention of the Haiku
fan, the majority of ceiling fans available were clunky models—typically having an unattractive
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industrial appearance with for example, exposed rivets, and the like. They were inefficient, noisy
and ugly.
66. With the Haiku fan, Noble sought to revolutionize this antiquated yet practical and
popular home accessory. Where traditional ceiling fans typically used (and still do use) thick flat
blades, the Haiku fan blades comprise thin, curved sheet airfoils. While older fan models rely on
heavy steel hardware to attach individual blades that jut out from and around its center hub, the
Haiku fan’s minimalist three (3) airfoils seamlessly blend into the center of the fan in a compact,
horizontal plane.
67. On March 26, 2009, Noble filed a design patent application in the United States
Patent and Trademark Office (USPTO) to secure protection for the ornamental appearance of the
Haiku fan. The USPTO allowed the application and issued United States Patent No. D614,757 (the
“’757 Patent”) on April 27, 2010, to Haiku Design Sdn Bhd (“Haiku Design”) as the Assignee, as
a result of an assignment recorded with the USPTO on March 26, 2009. A copy of the ’757 Patent
is attached hereto and incorporated herein as Exhibit 6.
68. News of Noble’s unique Haiku fan design traveled far, wide and quickly. By 2010,
Delta T, in Lexington, Kentucky, contacted Noble to inquire about his plans for the manufacture
and distribution of the Haiku fan. At that time, Delta T was emerging as a powerhouse in the
commercial and industrial fan industry and the company was looking to expand into the residential
ceiling fan market. Delta T saw an exciting opportunity to do so with the Haiku fan.
69. After lengthy negotiations, Noble and Delta T agreed to join forces to bring the
Haiku fan to market. As a result, by written assignment executed and delivered by Haiku Design
to Delta T Corporation (now BAF as a result of a conversion recorded with the USPTO on April
26, 2018), BAF became, and now is, the owner, inter alia, of all right, title, and interest in and to
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the ‘757 Patent, having the exclusive right to make, use, sell, offer for sale, and import into the
United States, the Haiku fan.
70. After some sales occurring early in 2012, the Haiku fan’s formal program rollout
occurred in May, 2012. The Haiku fan was rolled out at a relatively high price for residential
ceiling fans. Depending on material, size (52-, 60- or 84-inch diameters) and whether it is with an
LED light or without, the Haiku fan ranged in price anywhere from Six Hundred Dollars ($600)
to Twenty-Six Hundred Dollars ($2,600).
71. Notwithstanding its relatively high price point and range, the Haiku fan proved to
be a great success.
72. Despite the patent protection of the Haiku fan, BAF discovered that Defendants are
knowingly manufacturing, selling and/or offering for sale a residential ceiling fan, the Treiben fan,
which directly infringes the ’757 Patent. Representative photographic depictions of the Treiben
fan are attached hereto and incorporated herein as Exhibit 7.
73. At no time has BAF authorized Defendants, or any of them, to manufacture, sell or
offer for sale, indirectly/directly, the Treiben fan, which infringes the ’757 Patent.
74. BAF has given Defendants notice of its infringement of the ’757 Patent via marking
in compliance with 35 U.S.C. § 287.
75. Defendants have, with full knowledge of the ownership by BAF, infringed the ’757
Patent by engaging in conduct such as the following:
a. making, causing to be made, using, selling and offering for sale,

without permission and/or payment, the Treiben fan. The Treiben
fan, marketed and sold by Defendants, is but a mere colorable
imitation of the design claimed in the ’757 Patent. The appearance
of the Treiben fan is substantially the same as that of the ’757
patented design in the eye of an ordinary observer; and
b. actively inducing and causing others, such as manufacturers and

retailers of the Treiben fan, to make, cause to be made, use, sell, and
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offer for sale the Treiben fan whose appearance is substantially the
same as that of the design claimed in the ’757 Patent in the eye of
an ordinary observer.
Defendants’ infringing activities have been and continue to be knowing, deliberate, willful and
wanton and in conscious disregard of BAF’s patent rights, making this an exceptional case under
35 U.S.C. § 285.
76. BAF has sustained damages as a result of Defendants’ infringing activities and will
continue to sustain damages in the future unless the infringement of the ’757 patent is permanently
enjoined by this Court. Such damages include lost profits, erosion of BAF’s sales for its competing
Haiku fans, and in any event no less than a reasonable royalty as set forth in 35 U.S.C. §§ 284 and
289.
COUNT VIII
INFRINGEMENT OF BAF’S ’868 PATENT BY ALL DEFENDANTS
78. BAF is a longstanding innovator in the ornamental design of HVLS fans, which
typically include a number of elongated fan blades connected to a rotatable hub. An example is
BAF’s POWERFOIL® fan, which enjoys widespread commercial distribution throughout the
world:
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79. As the fan blades are typically hollow and have an airfoil shape in cross-section,
each blade at an end portion may be provided with a capping structure known as a “winglet,” which
among other things provides a smooth and sleek appearance to the fan blade. Given that each
blade is quite long (typically 10-12 feet in length), this radially outward winglet is perhaps one of
the most noticeable features when viewing a rotating fan from below a mounted condition at or
near a ceiling of a building, which is typically 20-30 feet (or more) overhead.
80. On February 9, 2012, Delta T Corporation, as Applicant (now BAF as a result of a
conversion recorded with the USPTO on April 26, 2018), filed a design patent application in the
to secure protection for the ornamental appearance of a particular winglet, as currently applied to
its POWERFOIL® line of HVLS fans. The USPTO allowed the application and issued United
States Patent No. D672,868 (the “’868 Patent”) on December 12, 2012 to Delta T Corporation as
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the Assignee, as a result of an assignment recorded with the USPTO. A copy of the ’868 Patent is
attached hereto and incorporated herein as Exhibit 8.
81. Despite the protection of the ’868 Patent, BAF discovered that Defendants are
knowingly manufacturing, selling and/or offering for sale a commercial ceiling fan, the Vortikul
V10, with winglets that directly infringe the ’868 Patent. Representative photographic depictions
of the Vortikul V10 fan, with its winglets, are attached hereto and incorporated herein as Exhibit
9.
offer for sale, indirectly/directly, the Vortikul V10 fan with winglets, which infringes the ’868
Patent.
83. BAF has given Defendants notice of its infringement of the ’868 Patent via marking
in compliance with 35 U.S.C. § 287.
Patent by engaging in conduct such as the following:
c. making, causing to be made, using, selling and offering for sale,

without permission and/or payment, the Vortikül V10 fan with
winglets. The V10 fan with winglets, marketed and sold by
Defendants, is but a mere colorable imitation of the design claimed
in the ’868 Patent. The appearance of the winglets on the V10 fan is
substantially the same as that of the ’868 patented design in the eye
of an ordinary observer; and
d. actively inducing and causing others, such as manufacturers and

retailers of the winglets on the V10 fan, to make, cause to be made,
use, sell, and offer for sale the winglets on that fan, whose
appearance is substantially the same as that of the design claimed in
the ’868 Patent in the eye of an ordinary observer.
35 U.S.C. § 285.
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continue to sustain damages in the future unless the infringement of the ’868 patent is permanently
enjoined by this Court. Such damages include lost profits, erosion of BAF’s sales for its competing
commercial ceiling fans with winglet airfoils, and in any event no less than a reasonable royalty
as set forth in 35 U.S.C. §§ 284 and 289.
COUNT IX
INFRINGEMENT OF BAF’S ’237 and ’075 PATENTS BY ALL DEFENDANTS
87. In early 2010, longstanding BAF engineers Richard Fizer and Richard Olsen,
prolific inventors and frequent patentees in connection with fan technology, proposed unique
designs for an upstanding fan mounted to a vertically extending pole serving as a ground support,
which designs were unlike anything known at the time.
88. On March 5, 2010, Delta T Corporation, as Applicant (now BAF as a result of a
conversion recorded with the USPTO on April 26, 2018), filed design patent applications to secure
protection for the ornamental appearance of a fan with ground support, including winglets. The
USPTO allowed the applications and issued United States Design Patent No. D635,237 (the “’237
Patent”) on March 29, 2011, to Delta T Corporation as the Assignee, as a result of an assignment
recorded with the USPTO, and issued United States Design Patent No. D641,075 (the “’075
Patent”) on July 5, 2011, also to Delta T Corporation as a result of an assignment recorded with
the USPTO. Copies of the ’237 and ’075 Patents are attached hereto and incorporated herein as
Exhibit 10.
89. Despite the protection of the ’237 and the ’075 Patents, BAF discovered that
Defendants are knowingly manufacturing, selling and/or offering for sale a commercial pole
mounted fan, the AirCanopy, that directly infringes the ’237 and the ’075 Patents. Representative
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photographic depictions of the AirCanopy fan are attached hereto and incorporated herein as
Exhibit 11.
offer for sale, indirectly/directly, the AirCanopy fan, which infringes the ’237 and the ’075 Patents.
and the ’075 Patents by engaging in conduct such as the following:
e. making, causing to be made, using, selling and offering for sale,

without permission and/or payment, the AirCanopy fan whose
design is a mere colorable imitation of the design claimed in the ’237
and the ’075 Patent. The appearance of the AirCanopy fan is
substantially the same as that of the ’237 and the ’075 patented
design in the eye of an ordinary observer; and
f. actively inducing and causing others, such as manufacturers and

retailers of the AirCanopy fan, to make, cause to be made, use, sell,
and offer for sale that fan, whose appearance is substantially the
same as that of the design claimed in the ’237 and the ’075 Patents
in the eye of an ordinary observer.
35 U.S.C. § 285.
continue to sustain damages in the future unless the infringement of the ’237 and the ’075 patents
is permanently enjoined by this Court. Such damages include lost profits, erosion of BAF’s sales
for its competing pole mounted fans, and in any event no less than a reasonable royalty as set forth
in 35 U.S.C. §§ 284 and 289.
WHEREFORE, Plaintiff BAF requests entry of judgment as follows:
A. For damages, compensatory and punitive;
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B. For an injunction, preliminary and permanent, precluding Defendants from
soliciting BAF employees, from soliciting BAF customers, from competing with BAF, and from
infringing BAF’s patents;
C. For its costs, including a reasonable attorney’s fee, for prosecuting this action;
D. For such other relief that this Court deems just.
JURY DEMAND
BAF hereby demands a trial by jury for all issues in this action triable of right by jury.
Date: July 17, 2020 Respectfully submitted,
/s/ Ann G. Schoen (0064234)

Ann G. Schoen
FROST BROWN TODD LLC
301 East Fourth Street
Suite 3300
Cincinnati, OH 45202
Tel: (513) 651-6128
Fax: (513) 651-6981
aschoen@fbtlaw.com
Attorneys for Plaintiff

DELTA T, LLC, d/b/a BIG ASS FANS
OF COUNSEL:
Barry D. Hunter
Medrith Lee Norman
250 West Main Street
Suite 2800
Lexington, KY 40507-1749
Tel.: (859) 231-0000
Fax: (859) 231-0011
bhunter@fbtlaw.com
mnorman@fbtlaw.com
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Case: 1:20-cv-00559-MWM Doc #: 1-1 Filed: 07/17/20 Page: 1 of 3 PAGEID #: 22
EXHIBIT 1
Dafydd & Yōng - Products Page 1 of 2
Home About Us Products Contact Us
Featured Products
Big Fans, for Big Results Don't Be Left in the Dark

Eclipse™ is a US-concept electronic controlled glass tinting system
Vortikül™ manufactures US designed High Volume Low Speed
(HVLS) Fans from high quality European key parts for global that allows you to transition any glass door or window from a
customers that need durable, energy efficient, and low maintenance transparent state to an opaque (frosted) reflective surface at the
thermal comfort solutions. With years of industry touch of a button. Gain privacy, security, and reduce radiant heat all
while still allowing more natural light than traditional blinds and
expertise, Vortikül™ sticks with what works best, and have found
curtains. Whether on or off Eclipse™ always blocks up to 99% of UV
that not only do big fans produce big results, but also that having
more blades also makes a big difference. Vortikül™ is the only rays. Possibility to connect to Internet of Things (IoT) control system
HVLS manufacturer with a 10-blade fan to deliver best results to as a key part of your climate control, automatically changing the
customers, rather than trying to scrimp by adding fewer blades to windows to opaque state to reduce radiant heat during times of
direct sunlight.
move the air.
Everyone Deserves to Be Cool
http://www.dafyddyong.com/products/ 7/16/2020
Dafydd & Yōng - Products Page 2 of 2
Treiben™, brought to you by Vortikül, is German for moving forward Dafydd & Yōng is an authorized dealer of Breezer Mobile Cooling,
or to propel. Not only does a Treiben™ AirOar™ blade propel the air the leading US manufacturer of mobile atomizing coolers, in the Asia
around you for cooling comfort, they well represent US and Pacific region. Breezer's US-manufactured Power Breezer and O2
European contemporary design and innovation that ensures they mobile cooling units were built in accordance with US military
look as great as they perform. In other words, Treiben™ will move requirements, which means that they will provide years of cooling
your interior décor and thermal comfort forward to new levels. comfort when and where needed with very little maintenance
required.
Favorable Designs, Favorable Winds Innovation in Sight and Sound
Weymouth Bay is a premium ceiling fans brand. Weymouth Bay The Luminaudi™, the US designed ceiling or wall light with
ceiling fans are designed to not only to produce favorable wind, but integrated Bluetooth® wireless sound system, gives the power and
also to ensure that the fans provide visual comfort with great design flexibility to improve your surroundings. Luminaudi™ is a unique
as well. To this end, Weymouth Bay is designed with a modular modular system, housed in durable aluminum, that mounts to the
concept to switch out blades to match one's most current decor. ceiling or wall, freeing up valuable shelf and floor space. With its
Weymouth Bay is the maker of AirOar™ blades, ceiling fan blades standard, energy efficient LED programmable tri-color (natural light,
that are styled after rowing oars for very effective air flow and are warm white, day light) light kit, set the color and brightness to the
the first blades to have a premium top-grain, stitched leather finish. level to match the mood or activity. Separate modules, which include
projectors, 360° cameras, air purifiers, and more, will be made
available to meet current or future residential or commercial needs.
http://www.dafyddyong.com/products/ 7/16/2020
EXHIBIT 2
HVLS, Ceiling, Wall Mount, Floor Fans and more by Vortikül Page 1 of 2
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Home About Vortikül Blog Posts AirCanopy eClipse Külera V10
Save more with Vortikül.

Cut costs while increasing productivity, safety, and comfort.*
Whether its overhead HVLS fans (like our V10 or AirCanopy), ceiling fans, directional fans (like our Külera),
or electronically controlled glass tinting shades (like our eClipse), Vortikül has more than your thermal
comfort covered. Get the long lasting quality of Vortikül’s highly engineered, design driven, hand-crafted
machines.
Külera
V10
AirCanopy eClipse
NEED RECOMMENDATIONS OR A QUOTE?

Whatever your application our engineering sales team is standing by to provide product and layout
recommendations or quotations. Click the below button now to get what you need to keep your facilities
safe, comfortable and productive places to work, play or rest.
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HVLS, Ceiling, Wall Mount, Floor Fans and more by Vortikül Page 2 of 2
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Copyright © 2020 Vortikül Ltd. All rights reserved.
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EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
From: Tony Yeong <tony.yeong@bigassfans.com>

Sent: Wednesday, July 15, 2020 5:27 AM
To: Jenny Warnick <jenny.warnick@bigassfans.com>
Cc: Dave Smith <dave.smith@bigassfans.com>; Joe Miller <joe.miller@bigassfans.com>
Subject: Greetings from Vortikül - How it all started
Dear Jenny,
Please find the OPS mentioned that led to the suspicion that someone in BAFSG internally was leaking opportunity to an
external competitive party. This should be considered point zero that led to the investigation that is what we are
currently pursuing. Below are 2 ops for your info.
1st CUSTOMER OPPORTUNITY IN PERSPECTIVE (lead was generated on the 6th June)
1. Mentioned Customer - Genplus Pte Ltd

2. Contact person within Genplus - Lionel Moh was contacted by Vortikul over his enquiry of HVLS fans (NOTE: Mr. Lionel
has mentioned profusely that he has never contacted any other party pertaining to his enquiry on HVLS apart from Big
Ass Fans)
3. Rachel Leo under the guise of rachel.regan@vortikul.com contacted Lionel on 8th of June
4. Kai Ru Yeong our sales person contacted Lionel on the later part of the on the 8th of June after Vortikul made the
contact
5. Please refer to the email & WhatsApp screenshot below.
2nd CUSTOMER IN PERSPECTIVE
1. Mentioned Customer - Koolair a long term customer since 2018 (contractors for Rolls-Royce Showrooms)
2. Person of contact - Hardi Tan BS was contacted after we had established lead contact and in the process of quoting.
Mr Hardi also noted that he has not reached out to any other person on his requires accept BAF SG.
1
3. Apparently Kai Ru Yeong called Mr Hardi and started the quote process on the 20th of April and later a Gary from Casa
(Vortikul authorised distributor of Casa Pte. Ltd.) contacted Mr Hardi via email on 23rd Apr.
Kindest regards,
Tony Yeong
BAF Asia
---------- Forwarded message ---------

From: Kai Ru Yeong <kai.ru.yeong@bigassfans.com>
Date: Wed, Jul 15, 2020 at 10:34 AM
Subject: Fwd: FW: Greetings from Vortikül
To: Tony Goh <tony.goh@bigassfans.com>
FYi.
Regards,
Yeong Kai Ru
Outdoor Sales Representative
T: +65 6709 8539
M: +65 8338 6629
E: kai.ru.yeong@bigassfans.com
Confidential Statement
NOTICE: This communication and the information attached to or included with this transmission is for the use of the named individual to which it is directed and
DOES contain information that is privileged AND confidential. It is NOT to be transmitted to or received by anyone other than the named addressee (or a person
authorized to deliver it to the named addressee). It is NOT to be copied or forwarded to any unauthorized persons. If you have received this electronic mail
transmission in error, delete it from your system without copying or forwarding it, and notify the sender of the error by replying via email or by calling BAFCO
Singapore Pte Ltd at +65 6709 8500, so that our address record can be corrected.
2
---------- Forwarded message ---------

From: <lionelmoh@genplus.sg>
Date: Wed, Jul 15, 2020 at 10:30 AM
Subject: FW: Greetings from Vortikül
To: <kai.ru.yeong@bigassfans.com>
Hi Kai Ru,
Here is the email that I got from Vortikul.
Regards
Lionel
From: Rachel Regan <rachel.regan@vortikul.com>

Sent: Monday, 8 June 2020 9:39 am
To: lionelmoh@genplus.sg
Subject: Greetings from Vortikül
Good day Lionel,
Thank you for your interest!
Vortikül, based in Ohio, is the maker of HVLS (High Volume Low Speed) fans and residential fans at very competitive
pricing. Our team is composed of engineers and sales personnel who came from the previous leaders of this industry,
including myself. Hence we have many years of expertise to best serve our customers.
Under the Vortikül brand, we manufacture the highest quality US designed HVLS (High Volume Low Speed) fans with
European brand key parts for global customers that need durable, energy efficient, and low maintenance cooling and
heating solutions.
Our HVLS fans range from 8ft to 24ft in diameter (2.4m-7.3m) and use their incredible size to move massive quantities of
air. Our fans’ efficient operation helps to increase comfort all year-round, and reduces energy costs associated with
heating and cooling your space.
If you're looking for cost-effective ways to improve comfort and air quality in your facilities, do let us know.
3
We look forward to working with you soon.
Thank you.
Regards,
Regan
Global Sales
Confidential Statement
NOTICE: This communication and the information attached to or included with this transmission is for the use of the named individual to which it is
directed and DOES contain information that is privileged AND confidential. It is NOT to be transmitted to or received by anyone other than the named
addressee (or a person authorized to deliver it to the named addressee). It is NOT to be copied or forwarded to any unauthorized persons. If you have
received this electronic mail transmission in error, delete it from your system without copying or forwarding it, and notify the sender of the error by
replying via email or by calling Vortikül so that our address record can be corrected.
4
EXHIBIT 6
USOOD614757S
(12) United States Design Patent (10) Patent No.: US D614,757 S

NOble (45) Date of Patent: Apr. 27, 2010
(54) FAN D510,763 S * 10/2005 Da Costa ................... D23,377
D521,142 S * 5/2006 Gerhardt et al. ............ D23,377
(75) Inventor: Ernest John Noble, Selangor (MY) D536,083 S * 1/2007 Gajewski ................... D23,377
(73) Assignee: HAIKU DESIGN Sdn Bhd (MY)
(**) Term: 14 Years * cited by examiner
(21) Appl. No. 29/334,434 Primary Examiner Lisa P Lichtenstein
(74) Attorney, Agent, or Firm Trexler, Bushnell,
(22) Filed: Mar. 26, 2009 Giangiorgi, BlackStone & Marr, Ltd.
(30) Foreign Application Priority Data (57) CLAM
Sep. 30, 2008 (SG) ............................. D2008/951 FE The ornamental design for a fan, as shown and described.
(51) LOC (9) Cl. .................................................. 23-04
(52) U.S. Cl. ..................................................... D23/377 DESCRIPTION
(58) Field of Classification Search ................ D23/377,
D23/379,385, 411,413: 416/5; D26/51, FIG. 1 is a front perspective view of the fan;
D26/72, 81–86, 88 FIG. 2 is a side elevational view of the fan;
See application file for complete search history. FIG. 3 is an alternate side elevational view of the fan;
(56) References Cited FIG. 4 is a top plan view of the fan; and,
U.S. PATENT DOCUMENTS FIG. 5 is a bottom plan view of the fan.
D335,920 S * 5/1993 Jaeger ....................... D23,377
D484.964 S 1/2004 Young 1 Claim, 5 Drawing Sheets
U.S. Patent Apr. 27, 2010 Sheet 1 of 5 US D614,757 S
FIG. 1
FIG 2
FIG. 3
FIG. 4
F.G. 5
UNITED STATES PATENT AND TRADEMARK OFFICE

CERTIFICATE OF CORRECTION
PATENT NO. : Des. 614,757 S Page 1 of 7
APPLICATION NO. : 29/334434
DATED : April 27, 2010
INVENTOR(S) : Ernest John Noble
It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:
Title page should be deleted and substitute therefor the attached title page.
Drawings:
Delete the drawings 1-5 and substitute the drawing sheets consisting of Figs. 1-5 as shown on the
attached pages.
Signed and Sealed this

Thirteenth Day of July, 2010
David J. Kappos
Director of the United States Patent and Trademark Office
CERTIFICATE OF CORRECTION (continued) Page 2 of 7

Noble (45) Date of Patent: Apr. 27, 2010
(54) FAN D510,763 S * 10/2005 Da Costa ................... D237377
D52,142 S S/2006 Gerhardt et al. ..........., D23/377
(75) Inventor; Ernest John Noble, Selangor (MY) D536,083 S " i 2007 Gajewski ................... D231377
(73) Assignee: HAEKU DESIGN Sdn Bhd (MY)
(**) Term: 14 Years cited by examiner
Primary Examiner-Lisa P Lichtenstein
(21) Appl. No.: 29/334,434 (74) Attorney, Agent, or Firm-Trexler, Bushnell,
(22) Filed: Mar 26, 2009 Giangiorgi, Blackstone & Marr, Ltd.
(30) Foreign Application Priority Data (57) CLAIM
Sep. 30, 2008 (SG) ............................. D2008/951/E The ornamental design for a fan, as shown and described.
(51) LOC (9) Cl. .................................................. 23-04 DESCRIPTION
(52) U.S. C. ............. D23/377
(58) Field of Classification Search ................ D23/377,
D23/379,385, 411,413; 416/5; D26/51, FIG. 1 is a front perspective view of the fan;
D26/72, 81-86, 88 FIG. 2 is a side elevational view of the fan;
See application file for complete search history. FIG. 3 is an alternate side elevational view of the fan;
(56) References Cited FIG. 4 is a top plan view of the fan; and,
U.S. PATENT DOCUMENTS FIG. 5 is a bottom plan view of the fan.
D335,920 S 5/1993 Jaeger ....................... D23/377
D484,964 S 1/2004 Young 1 Claim, 5 Drawing Sheets
U.S. Patent Apr. 27, 2010 Sheet 1 of 5 D614,757 S
FIG.
FIG 2
FIG 3
FIG. 4
U.S. Patent Apr. 27, 2010 Sheet S of 5 D614,757 S
FIG 5
EXHIBIT 7
Smart Ceiling Fan - Treiben by Vortikül for Indoor or Outdoor Use Page 1 of 1
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Simpler is Smarter.
Simple to Install.
The TwistTurn™ design of Vortikül’s smart ceiling fan, the Treiben (prounounced /ˈtʀaɪ̯bən/), makes it
one of the quickest ceiling fans to install, with installation times measured in minutes versus hours.
Simple installation helps ensure that the Treiben will be installed correctly the first time, saving time
and frustration while delivering the best performance indoors or outdoors.
Simple to Use.
Saving a mere seconds of manually controlling a fan in return for hours spent seeking customer
support and downloading firmware updates, how smart is that? [Note: During one hour spent talking
with customer service of “Smart” fan makers, you could have turned your Treiben on and off at least
3600 times, almost 10 years worth of average use!] Our smart design keeps things simple. No
complicated settings. No buggy software. No automation (after all you still know when and how much
fan you want better than any AI). Treiben delivers simple control to its users with an easy to
understand remote. Treiben provides all you need from a fan, hassle free, pure relaxing comfort.sm
Simple, High End Design.

The smart, propeller design of the Treiben, in black and white finishes, allows for the greatest
functionality and flexibility to look great with practically every décor. Ceiling fans shouldn’t deliver just
thermal comfort, it also should deliver aesthetic comfort, which we believe Treiben does very well.
Superb Performance.
It seems as if there is nothing simple about the high performance of Treiben ceiling fans. However,
with 6 fan speeds, you can easily find your desired setting for ideal comfort. The DC brushless motor,
not only means a long service life and lower noise, it also means you get energy efficient comfort. The
high-grade aluminum single tube mount further contributes to the fan’s durability, and best mitigates
fan wobble than any other fan design. Finally, with the light option, you decide between White or
Warm White. So, really, its great benefits are quite simple to understa
There are a lot of options for “Smart” fans, but Treiben is the Smartest choice!
Contact us here to purchase or to learn more about why our smart ceiling fan, the Treiben, is the
smartest choice. For Vortikul’s Industrial fans or large commercial fans, check out
the V10, Külera or AirCanopy.
https://www.vortikul.com/treiben-ceiling-fan-by-vortikul 7/16/2020
EXHIBIT 8
USOOD672868S

Williams (45) Date of Patent: . Dec. 18, 2012
(54) WINGLET FOR FAN BLADE 6,565,320 B1 5/2003 Surles et al.
6,719,533 B2 4, 2004 Bird
(75) Inventor: Jason Andrew Williams, Wilmore, KY 6,776,578 B2 8/2004 Belady
(US) (Continued)
(73) Assignee: Delta T Corporation, Lexington, KY FOREIGN PATENT DOCUMENTS
(US) DE 3819.145 12/1989
(Continued)
(**) Term: 14 Years
OTHER PUBLICATIONS
(21) Appl. No. 29/412,912 U.S. Appl. No. 1 1/046,341, filed Jan. 28, 2005, Aynsley.
(22) Filed: Feb. 9, 2012 (Continued)
(51) LOC (9) Cl. .................................................. 23-04
(52) U.S. Cl D23A413: D23,377 Primary Examiner — Janice Seeger
(58) Field ofD23/370,
Classification Search ................. D233ss.
377. 379,385, 386. 411,413: 41675
Assistant Examiner – Martie K Holtje
(74) Attorney, Agent, or Firm – Frost Brown Todd LLC
416/90 R, 191, 207,210 R, 242, 243: (57) CLAM
366/330.1 330.4 The ornamental design for a winglet for fan blade, as shown
See application file for complete search history. and described.
(56) References Cited DESCRIPTION
U.S. PATENT DOCUMENTS FIG. 1 is a top perspective view of the present invention;
871729 A * 11, 1907 McChord, Jr. ................ 416.2O7 FIG. 2 is a bottom perspective view of the present invention;
1.041.913 A 10/1912 Tyson FIG. 3 is a top plan view of the present invention;
2,014,032. A 9/1935 Sharpe et al. FIG. 4 is a bottom plan view of the present invention;
3,524,712 A 8, 1970 Keen et al. FIG. 5 is a left side elevational view of the present invention:
E. A S. Rion etal FIG. 6 is a right side elevational view of the present invention;
5.226.783 A 7, 1993 Mita FIG. 7 is a front elevational view of the present invention; and,
5,564,901. A 10/1996 Moore FIG. 8 is a rear elevational view of the present invention.
5,725,355 A 3, 1998 Crall et al. The broken lines showing a portion of a fan blade and a
is A gR Bal portion of a winglet mounting structure are included for the
6.161797 A 12/2000 E. purpose of illustrating environmental structure and form no
6,244,821 B1 6/2001 Boyd et al. part of the claimed design.
6,334,705 B1* 1/2002 Weetman ................... 366,330.1
6,517,315 B2 2/2003 Belady 1 Claim, 8 Drawing Sheets
US D672,868 S
Page 2
U.S. PATENT DOCUMENTS KC-135A in flight—closeup of winglet with attached tufts,

6,884,034 B1 4/2005 Parker et al. Screenshot from http://www.dfrc.nasa.gov/gallery/Photo/KC-135/
6,939,108 B2 9/2005 Boyd Small/EC79-11481.jpg, printed Aug. 11, 2008.
7,284.960 B2 10/2007 Aynsley KC-135A in flight-winglet study, EC79-11314, Screenshot from
7401,974 B2 * 7/2008 Himmelsbach ............ 366,330.3 http://www.dfrc.nasa.gov/gallery/Photo/KC-135/Small/EC79
D587,799 S 3/2009 Oleson 11314.jpg, printed Aug. 11, 2008.
7,654,798 B2 * 2/2010 Aynsley ........................ 416, 191 KC-135A in flight-winglet study, EC79-11484, Screenshot from
7,934,907 B2 * 5/2011 Aynsley et al. ............... 416, 191 http://dfrc.nasa.gov/gallery/Photo/KC-135/Small/EC79-11484.jpg.
D642,674 S 8, 2011 Oleson
8,075.273 B2 * 12/2011 Aynsley ........................ 416, 191 printed Aug. 11, 2008.
8,079,823 B2 * 12/2011 Aynsley ...... ... 416/242 Montoya, L.C., KC-135 Winglet Flight Results, NASA Dryden
8,162,613 B2 * 4/2012 Oleson et al. ............. 416,210R Flight Research Center, pp. 145-156.
2003/0095864 A1 5, 2003 Ivanovic NASA NASA Dryden Technology Facts-Winglets, Screenshot
2008, OOO8596 A1 1/2008 Aynsley from http://www.nasa.gov/centers/drydenfabout/Organizations/
FOREIGN PATENT DOCUMENTS Technology/Facts TF-2004-15-D, printed on Aug. 11, 2008.
Winglet detail, Screenshot from http://upload.wikimedia.org/
EP 1619 391 1, 2006 wikipedia/commons/5/53/Wingletdetail.jpg, printed on Aug. 11,
GB 100134 3, 1917
GB 946794 1, 1964 2008.
GB 2050530 1, 1981 Wingtip device, Screenshot from http://en.wikipedia.org/wiki/
GB 2198190 6, 1988 Wingtip device, printed Aug. 11, 2008.
WO WO 2006/022812 3, 2006 EPO Search Report dated Aug. 21, 2006 for Application No. EP
O5250653.2
OTHER PUBLICATIONS
EPO Search Report dated Aug. 22, 2006 for Application No. EP
U.S. Appl. No. 1 1/046,593, filed Jan. 28, 2005, Anysley. O5250654.O.
U.S. Appl. No. 1 1/777,344, filed Jul. 13, 2007, Anysley. EPO Search Report dated Jul. 1, 2008 for Application No. EP
U.S. Appl. No. 1 1/858,360, filed Sep. 20, 2007, Aynsley. O52506322.
U.S. Appl. No. 1 1/860,888, filed Sep. 25, 2007, Aynsley et al. EPO Search Report dated Jul. 1, 2008 for Application No. EP
U.S. Appl. No. 60/589.945, filed Jul. 21, 2004, Anysley. O5250653.2
U.S. Appl. No. 60/892,339, filed Mar. 1, 2007, Oleson. EPO Search Report dated Jul. 1, 2008 for Application No. EP
U.S. Appl. No. 60/972,890, filed Sep. 17, 2007, Oleson. O5250654.O.
U.S. Appl. No. 60/975,230, filed Sep. 26, 2007, Scherer et al. Dairy Notes, University of California Cooperative Extension (May
U.S. Appl. No. 60/978,860, filed Oct. 10, 2007, Aynsley et al. 1999).
U.S. Appl. No. 61/025,852, filed Feb. 4, 2008, Toy. Fairbank, W.C. et al., A Large Paddle Fan for Livestock Cooling
Airfoil Design: HVLS dated Dec. 9, 2002. Canadian Society of Agricultural Engineering (Jun. 1989).
A Fan for All Seasons, Bell & Howell Information and Learning, International Search Report dated Aug. 19, 2005 for Application No.
American Society of Mechanical Engineers, Mechanical Engineer PCT/USO5/O2703.
ing, vol. 121(12), pp. 58-60. International Search Report and Written Opinion dated Jun. 24, 2008
Screenshots from http://www.b737.org.uk, printed on May 2004. for Application No. PCT/US2008/055266.
Screenshots from oea, larc.nasa.gov, printed May 2004. Jain et al., Experimental Investigation of the Flow Field of a Ceiling
Screenshots from Penn State Engineering website, printed May Fan, ASME Heart Transfer/Fluids Engineering Summer Conference;
2004. Paper No. HT-FED-2004-56226 (Jul. 2004).
Boeing 747-400 Twin-Aisle Jet Airliner, USA. Screenshot from Notice of Allowance dated Jun. 4, 2007 for U.S. Appl. No.
http://www.aerospace-technology.com/projects/747/7473.html, 11/046,341.
printed on Aug. 11, 2008. Office Action dated Jan. 23, 2007 for U.S. Appl. No. 11/046,341.
747-400, Screenshot from http://www.boeing.com/commercial/ Office Action dated Jan. 25, 2007 for U.S. Appl. No. 11/046,593.
747 family/pfpf exterior.html, printed on Aug. 11, 2008. Office Action dated May 14, 2007 for U.S. Appl. No. 1 1/046,593.
General Exterior Arrangement 737. Screenshot from http://www. Written Opinion dated Aug. 19, 2005 for Application No. PCT/US05/
boeing.com/commercial/737 family/pfpf exterior.html, printed on O2703.
Aug. 11, 2008. Technical Guide: Commercial Industrial & Special Application Ceil
Image: Winglet and nav light arp.jpg, Screenshot from http://en. ing Fans.
wikipedia.org/wiki/Image: Winglet and nav light arp.jpg,
printed Aug. 11, 2008. * cited by examiner
U.S. Patent Dec. 18, 2012 Sheet 1 of 8 US D672,868 S


Fig. 3

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Fig. 7

EXHIBIT 9
HVLS Fans - The 10 Airfoil V10 by Vortikül Reduces Business Costs Page 1 of 2
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Feel the Power of 10 Blades

V10 is the only 10-blade HVLS fan in production. Our experienced engineers have confirmed and customers agree that more airfoils
produce more power for better results. At Vortikül, we do not skimp when it comes to your comfort and safety. See and share our “More
Blades make a Powerful Difference” campaign, and contact us here to learn more about why Vortikül customers prefer the V10.
Built to Last.
From aerodynamically engineered aircraft grade aluminum airfoils to
Bonfiglioli motors and gearboxs, the V10 is built to be enjoyed for
years to come. We use the highest quality parts, to also include Delta
brand VFDs, to ensure that our customers fans, your fans, work
when needed. Contact us here to learn more about Vortikül’s mission
to deliver the highest quality.
Year Round Use.

Single use products can be a necessary evil, but not with the V10
HVLS fan. HVLS fans provide cooling comfort during the summer
heat, and helps provide warmth in the winter, while greatly reducing
overall heating costs. Thanks again to its high quality, the V10 is
ideal for year round use. Contact us here to learn more about how
this (heat destratification) works. For commercial grade HVLS fans,
check out our AirCanopy. For more reasons to install V10 HVLS
fans click here.and share
More Than Comfort.

Vortikül’s V10 helps you save by ensuring your staff, customers and
animals are cool or warm, safe, productive and happy. The V10 can
do all of these things and more*, anywhere it can be mounted.
Applications include but are not limited to: Warehouses, Factories,
Maintenance Garages, Aircraft Hangars, Stadiums, Amusement
Parks, Hotels, Malls, Restaurants, Indoor Swimming Pools, and yes,
its industrial elegance makes it well suited in Homes as well.
Features
– Bon glioli (European) Motor and Gearbox
– Delta (USA) VFD
– Aircraft Grade Aluminum Airfoils
– Heavy-Duty Hub
Warranty
– Lifetime Warranty on Hub and Airfoils
– 3 Year Warranty on Other Components
https://www.vortikul.com/v10-hvls-fans-by-vortikul 7/16/2020
HVLS Fans - The 10 Airfoil V10 by Vortikül Reduces Business Costs Page 2 of 2
* With Vortikül businesses can greatly improve their operational e ciency and growth through reduced costs with increased productivity and safety. Cost Savings include:
– Vortikül’s upfront competitive pricing
– Vortikül’s long service life from high quality parts and build
– Up to 50% reduced Heating costs (ask us about heat destrati cation)
– Up to 100% reduced air conditioning costs (i.e. you may not need it)
– Goldilocks Effect: Reduced labor mistakes from workers not being too cold or too hot, but keeping them feeling just right
– Elimination of heat related safety violation penalties and costs of heat related injuries
– Quicker drying time of products
– Reduced product loss due to corrosion from condensation
https://www.vortikul.com/v10-hvls-fans-by-vortikul 7/16/2020
EXHIBIT 10
USOOD63.5237S
(12) United States Design Patent (10) Patent No.: USD635,237 S

FiZer (45) Date of Patent: : *Mar. 29, 2011
(54) FAN WITH GROUND SUPPORT 2009/O162197 A1 6/2009 Klemo et al.
2009, 0208333 A1 8, 2009 Smith et al.
2010, 0104461 A1 4/2010 Smith et al.
(75) Inventor: Richard W. Fizer, Lexington, KY (US)
FOREIGN PATENT DOCUMENTS
(73) Assignee: pit T Corporation, Lexington, KY WO WO 2009/100052 8, 2009
OTHER PUBLICATIONS
(*) Notice: This patent is Subject to a terminal dis- U.S. Appl. No. 29/356,980, filed Mar. 5, 2010, Fizer et al.
claimer. U.S. Appl. No. 61/165,582, filed Apr. 1, 2009, Woolcott.
U.S. Appl. No. 61/248,258, filed Oct. 2, 2009, Aynsley.
(**) Term: 14 Years U.S. Appl. No. 61/310,512, filed Mar. 4, 2010, Toy.
U.S. Appl. No. 61/326,855, filed Apr. 22, 2010, Fizer et al.
(21) Appl. No. 29/356,978 * cited by examiner
(22) Filed: Mar. 5, 2010 Primary Examiner — Lisa P Lichtenstein
(51) LOC (9) Cl. .................................................. 23-04 (74) Attorney, Agent, or Firm — Frost Brown Todd LLC
(52) U.S. Cl. ...................................................... D23/377 (57) CLAM
(58) Field of Classification Search. D23/377, The ornamental design for a fan with ground Support, as
D23/379,385, 411,413: 416/5, 210R shown and described.
See application file for complete search history.
DESCRIPTION
(56) References Cited
FIG. 1 is a bottom perspective view of a fan with ground
U.S. PATENT DOCUMENTS Support, showing my new design;
D298.454 S * 1 1/1988 Clyde-Mason .............. D23.385 FIG. 2 is a top perspective view thereof;
D303,425 S * 9, 1989 Sonneman ................... D23/385 FIG. 3 is a top plan view thereof;
D345,790 S * 4, 1994 Caldwell ...................... D23,377 FIG. 4 is a bottom plan view thereof;
6,244,821 B1 6/2001 Boyd FIG. 5 is a front elevational view thereof
6,939,108
7,252.478
B2
B2
9/2005
8/2007
Boyd
Aynsley
FIG. 6 is a right elevational view thereof;
7,284.960 B2 10/2007 Aynsley FIG. 7 is a back elevational view thereof, and,
D587,799 S 3/2009 Oleson FIG. 8 is a left elevational view thereof.
D607,988 S 1/2010 Oleson et al. The support tube portions, fan blades, fan blade portions,
2008, OOO8596 A1 1/2008 Aynsley et al. upper plates, retainers, and fasteners shown in broken lines
39.99s. A. 33 St. are unclaimed environment, and form no part of the claimed
2009/0072108 A1 3, 2009 Oleson design.
2009/0081045 A1 3f2009 Scherer et al.
2009/0097.975 A1 4/2009 Aynsley et al. 1 Claim, 8 Drawing Sheets
U.S. Patent Mar. 29, 2011 Sheet 1 of 8 USD635,237 S
FG.
U.S. Patent Mar. 29, 2011 Sheet 2 of 8

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Fizer et al. (45) Date of Patent: . *Jul. 5, 2011
(54) FAN WITH GROUND SUPPORTAND 2009/0097.975 A1 4/2009 Aynsley et al.

WINGLETS 2009/0162197 A1 6/2009 Klemo et al.
2009, 0208333 A1 8, 2009 Smith et al.
(75) Inventors: Richard W. Fizer, Lexington, KY (US); 2010, 0104461 A1 4/2010 Smith et al.
Richard A. Oleson, Lexington, KY (US) FOREIGN PATENT DOCUMENTS
(73) Assignee: Delta T Corporation, Lexington, KY WO WO 2009/100052 8, 2009
(US) OTHER PUBLICATIONS
(*) Notice: This patent is Subject to a terminal dis- U.S. Appl. No. 29/356,978, filed Mar. 5, 2010, Fizer et al.
claimer. U.S. Appl. No. 61/165,582, filed Apr. 1, 2009, Woolcott.
U.S. Appl. No. 61/248,258, filed Oct. 2, 2009, Aynsley.
(**) Term: 14 Years U.S. Appl. No. 61/310,512, filed Mar. 4, 2010, Toy.
U.S. Appl. No. 61/326,855, filed Apr. 22, 2010, Fizer et al.
(21) Appl. No. 29/356,980 * cited by examiner
(22) Filed: Mar. 5, 2010 Primary Examiner — Lisa Lichtenstein
(51) LOC (9) Cl. .................................................. 23-04 (74) Attorney, Agent, or Firm — Frost Brown Todd LLC
(52) U.S. Cl. ...................................... D23A411 57 CLAM
(58) Field of Classification Search ................. D23/377, (57) ornamental design for a fan with ground Support and
The
D23/379,385, 411,413: 416/5, 210R winglets, as shown and described.
See application file for complete search history.
DESCRIPTION
(56) References Cited FIG. 1 is a bottom perspective view of a fan with ground
Support and winglets, showing our new design;
U.S. PATENT DOCUMENTS FIG. 2 is a top perspective view thereof;
D298.454 S * 1 1/1988 Clyde-Mason .............. D23,385 FIG. 3 is a top plan view thereof;
D303,425 S * 9/1989 Sonneman ................... D23,385 FIG. 4 is a bottom plan view thereof;
D345,790 S * 4, 1994 Caldwell ...................... D23,377 FIG. 5 is a front elevational view thereof
6,244,821 B1
6,939,108 B2
6/2001
9/2005
Boyd
Boyd
FIG. 6 is a right elevational view thereof;
7,252.478 B2 8/2007 Aynsley FIG. 7 is a back elevational view thereof, and,
7,284.960 B2 10/2007 Aynsley FIG. 8 is a left elevational view thereof.
D587,799 S 3/2009 Oleson The support tube portions, fan blades, fan blade portions,
D607,988 S 1/2010 Oleson et al. winglets, winglet portions, upper plates, retainers, and fas
2008, OOO8596 A1 1/2008 Aynsley
2008, OO14090 A1 1/2008 Aynsley et al. teners shown in broken lines are unclaimed environment, and
2008, 0213097 A1 9, 2008 Oleson et al. form no part of the claimed design.
2009/0072108 A1 3, 2009 Oleson
2009,0081045 A1 3/2009 Scherer et al. 1 Claim, 8 Drawing Sheets
U.S. Patent Jul. 5, 2011 Sheet 1 of 8 US D641,075 S



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EXHIBIT 11
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AO 440 (Rev. 06/12) Summons in a Civil Action

for the
SouthernDistrict
__________ District of
of __________
Ohio
DELTA T, LLC, d/b/a BIG ASS FANS )

)
)
)
Plaintiff(s) )
)
v. Civil Action No. 1:20-cv-559
)
DAVID T. WILLIAMS, VORTIKUL LTD., )
and AND DAFYDD & YONG, PTE. LTD
)
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Ann G. Schoen
Suite 3300
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 1:20-cv-559
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:


for the
SouthernDistrict
of __________
Ohio

)
)
)
Plaintiff(s) )
)
)
)
)
)
Defendant(s) )
Ann G. Schoen
Suite 3300
CLERK OF COURT
Date:
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address


for the
SouthernDistrict
of __________
Ohio

)
)
)
Plaintiff(s) )
)
)
)
)
)
Defendant(s) )
Ann G. Schoen
Suite 3300
CLERK OF COURT
Date:
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address

JS 44 (Rev. 09/19) CIVIL COVER SHEET
The JS 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

DELTA T, LLC, d/b/a BIG ASS FANS DAVID T. WILLIAMS, VORTIKUL LTD., and
DAFYDD & YONG, PTE. LTD
(b) County of Residence of First Listed Plaintiff 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)
Ann G. Schoen, Frost Brown Todd LLC
301 East Fourth Street, Suite 3300, Cincinnati, OH 45202
(513) 651-6128, aschoen@fbtlaw.com
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) 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

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) (15 USC 1681 or 1692)
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 485 Telephone Consumer
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Protection Act
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 490 Cable/Sat TV
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 850 Securities/Commodities/
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical Exchange
Medical Malpractice Leave Act ’ 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 891 Agricultural Acts
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 895 Freedom of Information
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 896 Arbitration
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 899 Administrative Procedure
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Act/Review or Appeal of
Employment Other: ’ 462 Naturalization Application Agency Decision
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration ’ 950 Constitutionality of
Other ’ 550 Civil Rights Actions State Statutes
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in 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) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. § 1331 and 1338, 28 U.S.C. § 1367
VI. CAUSE OF ACTION Brief description of cause:
Claim for patent infringement and unfair competition
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
7/17/2020 /s/ Ann G. Schoen
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 09/19)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

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 there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven 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.
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 – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
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. 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.
VIII. 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.
Date and Attorney Signature. Date and sign the civil cover sheet.

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Case: 1:20-cv-00559-MWM Doc #: 1 Filed: 07/17/20 Page: 1 of 21 PAGEID #: 1

UNITED STATES DISTRICT COURT

DELTA T, LLC, d/b/a BIG ASS FANS PLAINTIFF

DAVID T. WILLIAMS, VORTIKUL LTD. DEFENDANTS

& Yong, Pte. Ltd., states as follows:

INTRODUCTION AND NATURE OF THE CASE

subsidiary, has engaged in a campaign of corporate espionage against BAF.

3. While Williams acted as the managing director of BAF’s Singapore subsidiary, he

discovered in this lawsuit, in stealing BAF’s business.

PARTIES, JURISDICTION AND VENUE

relevant to this Complaint, been a resident of Fayette County, Kentucky.

Court, Mason, Ohio, 45040.

6. Vortikul Ltd. (“Vortikül”) is an Ohio corporation, with a registered agent for

Williams’ residence. According to an email solicitation sent by Williams to a BAF customer,

Williams was the Co-Founder and CEO of Vortikül.

infringement within Ohio.

technology, iconic design and effortless conservation.”

15. As managing director of the Singapore subsidiary, Williams supervised various

17. Moreover, each of the above-mentioned employees that Williams supervised at

or advantage that may arise during the course of your employment.”

director of BAF’s Singapore subsidiary, Williams organized D&Y to act as an entity in

majority (70%) shareholder of D&Y. Leo is the remaining (30%) shareholder.

Williams incorporated Vortikül as an Ohio corporation. Prior to Vortikül’s incorporation,

employees to compete with BAF.

matters alleged in paragraphs 21-23 of this Complaint is attached as Exhibit 3.)

and continuing, consistently, through to the present.

through D&Y and Vortikül.

BREACH OF FIDUCIARY DUTY AGAINST WILLIAMS

29. BAF incorporates by reference Paragraphs 1 through 28 as if fully rewritten herein.

30. As a high-ranking employee of BAF, Williams owed various fiduciary duties to

act to deprive BAF of its other employees’ honest services.

in an amount to be determined at trial.

Williams for his conduct.

BREACH OF NON COMPETE UNDERTAKINGS AGAINST WILLIAMS

34. BAF incorporates by reference Paragraphs 1 through 28 as if fully rewritten herein.

by in consideration of his employment with BAF and in consideration of his promotion to

36. Because Williams acted in violation of his Non-Compete Undertakings throughout

remains in force and effect pursuant to the terms of his contract.

his Non-Compete Undertakings.

continued loss of revenue, customers, reputation, and goodwill.

39. Williams’ breaches of his Non-Compete Undertakings will continue if not

TORTIOUS INTERFERENCE WITH CONTRACT

40. BAF incorporates by reference Paragraphs 1 through 28 as if fully rewritten herein.

Teo, Lee and Leo, have interests.

against D&Y and Vortikül for their conduct.

CONSPIRACY BY ALL DEFENDANTS TO VIOLATE BAF’S RIGHTS

45. BAF incorporates by reference Paragraphs 1 through 28 as if fully rewritten herein.

employees owed to BAF.

relationships with those employees.

their co-conspirators to Defendants’ account.

53. Because Defendants acted willfully, maliciously and outrageously in committing

punitive damages against Defendants for their conduct.

TORTIOUS INTERFERENCE BY ALL DEFENDANTS

55. As a result of the foregoing, Defendants have intentionally interfered with

conspirators at BAF’s Singapore subsidiary.

57. Because Defendants acted willfully, maliciously and outrageously in committing

AIDING AND ABETTING UNLAWFUL ACTS

61. Because Defendants acted willfully, maliciously and outrageously in committing

INFRINGEMENT OF BAF’S ‘757 PATENT BY ALL DEFENDANTS

62. BAF incorporates by reference Paragraphs 1 through 28 as if fully rewritten herein.

HAIKU ceiling fan (the “Haiku fan”).

64. The Haiku fan incorporates state-of-the-art technology manifested in an

staircases—which epitomize elegance without resort to unnecessary added features. In other

is attached hereto and incorporated herein as Exhibit 6.