Case 1:16-cv-00137-PMW Document 2 Filed 09/23/16 Page 1 of 10

BRENT P. LORIMER (A 3731); Email: [email protected]

DAVID P. JOHNSON (13260); Email: [email protected]
WORKMANNYDEGGER A PROFESSIONAL CORPORATION
60 East South Temple, Suite 1000
Salt Lake City, UT 84111
Telephone: (801) 533-9800
Facsimile: (801) 328-1707
Attorneys for Plaintiff
Orbit Irrigation Products, Inc.
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, NORTHERN DIVISION

ORBIT IRRIGATION PRODUCTS, INC., a

Utah corporation,
Plaintiff,

COMPLAINT AND DEMAND FOR

JURY
Civil Action No. 1:16-cv-00137-PMW

v.

Honorable Paul M. Warner

MELNOR, INC., a Delaware corporation,

Defendant.
Plaintiff Orbit Irrigation Products, Inc. (Orbit) complains and alleges against
Defendant Melnor, Inc. (Melnor) as follows:
THE PARTIES
1.

Orbit is a corporation organized and existing under the laws of the State of Utah,

having an office and principal place of business at 845 North Overland Rd., North Salt Lake Utah,
84054. Orbit is a manufacturer of, inter alia, irrigation timers.
2.

Melnor is a corporation organized and existing under the laws of the State of

Delaware, having an office and a principal place of business at 260 West Brooke Road,

Case 1:16-cv-00137-PMW Document 2 Filed 09/23/16 Page 2 of 10

Winchester, VA 22603. Melnor also manufactures and sells, inter alia, irrigation timers. Among
the irrigation timers Melnor sells are model numbers 53280, 53100, and 53015, 33100, 33015 and
33280 (the Accused Products).
NATURE OF THE CLAIMS
3.

This is an action for injunctive relief and damages arising out of patent

infringement by Melnor of U.S. Patent No. D750,977 (the 977 Patent), owned by Orbit.
SUBJECT MATTER JURISDICTION
4.

This action arises under the patent laws of the United States, including 35 U.S.C.

271, which gives rise to the remedies specified under 35 U.S.C. 281, 283, 284, and 285.
5.

This Court has subject matter jurisdiction over Orbits claims for relief pursuant

to 28 U.S.C. 1331 and 1338(a).

PERSONAL JURISDICTION AND VENUE
6.

Melnor sells and offers for sale the Accused Products in this district, and has

thereby committed tortious acts in this district and availed itself of the privilege of doing business
under the laws of the State of Utah. Among other things, Melnor advertises that the Accused
Products are available through Home Depot, which sells the Accused Products in this district.
7.

Utah customers who visit the Melnor website (www.melnor.com) and click on the

Products, Watering Tools and AquaTimers links will be led to a page displaying three of
the infringing products, Melnor Model Numbers 53280, 53100 and 53015, as depicted below and
in Exhibit A hereto:

Case 1:16-cv-00137-PMW Document 2 Filed 09/23/16 Page 3 of 10

8.

Clicking on any one of the above images of the Accused Products leads the

consumer to a page displaying information about the product and a Where to Buy link. The
Where to Buy link leads the consumer to a page where the first entry is the Home Depot, who
Melnor describes as a Melnor retailer:

See, Exhibit B attached hereto.

9.

Clicking on the Home Depot link leads the consumer to a page displaying Melnor

products available for sale in Home Depot stores in Utah with a View Pickup Options link
3

Case 1:16-cv-00137-PMW Document 2 Filed 09/23/16 Page 4 of 10

placed near each product. The Melnor Model 53280-HD product, for example, appears below
with the referenced View Pickup Options link:

See, Exhibit C, page 2, attached hereto.

10.

When a consumer in Salt Lake City clicks on the View Pickup Options link, the

following window appears, informing the consumer that she may order the infringing Melnor
product and pick it up at the Home Depot store located at 328 West 2100 South, in Salt Lake City,
Utah:

11.

As set forth below, the Accused Products infringe the 977 Patent. Based on the

foregoing, Melnor has committed tortious acts within the State of Utah, including, but not limited
4

Case 1:16-cv-00137-PMW Document 2 Filed 09/23/16 Page 5 of 10

to, the sale and offer for sale of the Accused Products within this district. This Court has personal
jurisdiction over Melnor pursuant to Fed.R.Civ.P. 4(k)(1)(A) and Utah Code Ann. 78B-3-205.
This Courts exercise of personal jurisdiction over Melnor is consistent with the Constitution of
the United States.
12.

Venue is proper in this district pursuant to at least 28 U.S.C. 1391 because a

substantial part of the events giving rise to this action occurred within this judicial district and/or
Melnor has committed acts of infringement within the State of Utah by selling and/or offering to
sell the Accused Products through Home Depot and other established distribution channels,
including a variety of nationwide retailers.
FACTUAL BACKGROUND
13.

Various ornamental aspects of a line of Orbits irrigation timers (the Orbit

Irrigation Timers) are protected, inter alia, by U.S. Design Pat. No. D750,977 (the 977
Patent). A copy of the 977 Patent is attached as Exhibit D. Orbit is the owner and assignee of
all right, title and interest in and to the 977 Patent.
14.

The Orbit Irrigation Timers sold by Orbit have been extremely successful and

well received by consumers. Orbit has sold literally hundreds of thousands of the Orbit Irrigation
Timers. The Orbit Irrigation Timers, which include Orbit product nos. 24600, 24713, 24713P
and 24723, have been sold through nationwide retailers. Images of representative Orbit products
are attached hereto as Exhibit E.
15.

In contrast to the many irrigation timers that have been on the market for

decades, Orbits Irrigation Timers include a unique and highly recognizable design feature that is
not found elsewhere in the irrigation timer market. The unique nature of this design feature is
5

Case 1:16-cv-00137-PMW Document 2 Filed 09/23/16 Page 6 of 10

corroborated, for example, by the United States Patent and Trademark Office finding that the
claimed design of the 977 Patent is new and not obvious and issuing the 977 Patent.
16.

Melnor manufactured and sold irrigation timers for a number of years, which

were different in appearance from the Orbit Irrigation Timers.

After Orbit had achieved

commercial success with the Orbit Irrigation Timers, Melnor made a pronounced change to its
designs and began to market the Accused Products, which include copies of the ornamental
features found in Orbits Irrigation Timers and claimed in the 977 Patent. In particular, Melnor
began advertising, selling and/or offering for sale the Accused Products through major national
retailers, such as the Home Depot, Amazon.com, Walmart and Sears.
17.

The Accused Products include design features that are substantially the same as

the claimed subject matter of the 977 Patent, as illustrated in the example provided below:
The 977 Patent
(Only the portions in solid lines are claimed)

Melnor Product No. 53100

Case 1:16-cv-00137-PMW Document 2 Filed 09/23/16 Page 7 of 10

18.

As demonstrated above, the design of the Accused Products is substantially the

same as the claim of the 977 Patent such that an ordinary observer purchasing an Accused
Product would believe that she had purchased the patented Orbit design.
19.

Melnor has engaged in an extensive campaign to sell and/or offer to sell the

Accused Products in competition with the Orbit Irrigation Timers, and in violation of the 977
Patent.
COUNT I
PATENT INFRINGEMENT
(35 U.S.C. 271)
20.

Orbit repeats and incorporates by reference the allegations set forth above as

though fully set forth herein.

21.

Orbit is the exclusive owner and assignee of all right, title and interest in and to

the 977 Patent. The 977 Patent is duly and properly issued by the U.S. Patent and Trademark
Office and is valid and enforceable.
22.

Each of the Accused Products includes a design feature that is substantially the

same as the ornamental design claimed in the 977 Patent to an ordinary observer giving such
attention as a purchaser usually gives such that an ordinary observer would be deceived into
purchasing one of the Accused Products believing that the patented product had been purchased.
23.

Melnor has infringed and continues to infringe the claim of the 977 Patent by

importing, making, using, selling and/or offering to sell the Accused Products, and Melnor will
continue to do so unless enjoined by this Court.
24.

On information and belief, Melnors infringement has been willful.

Case 1:16-cv-00137-PMW Document 2 Filed 09/23/16 Page 8 of 10

25.

Melnors activities constitute infringement of the 977 Patent without authority or

license from Orbit and in violation of Orbits rights pursuant to 35 U.S.C. 271.
26.

Melnors infringement of the 977 Patent has caused irreparable injury to Orbit,

entitling Orbit to preliminary and permanent injunctive relief under 35 U.S.C. 283.
27.

Melnors infringing activities entitle Orbit to an award of damages adequate to

compensate for the infringement, but in no event less than a reasonable royalty for the use made
of the invention by Melnor under 35 U.S.C. 284.
28.

Alternatively, Orbit is entitled to recovery of Melnors total profits from its sale of

the Accused Products under 35 U.S.C. 289.

COUNT II
STATE UNFAIR COMPETITION
(Utah Code Ann. 13-5a-101 et seq.)
29.

Orbit repeats and incorporates by reference the allegations set forth above as

though fully set forth herein.

30.

Melnor by its actions set forth above has engaged in intentional business acts or

practices that are unlawful, unfair, and/or fraudulent intentional business act or practice and that
constitute infringement of a patent, trademark or trade name. Such unlawful intentional business
acts or practices include the unlawful and intentional copying of designs engineered and
popularized by Orbit.
31.

Melnors actions as set forth above gives rise to a cause of action for unfair

competition under the statutory law of the State of Utah, including at least Utah Code Ann. 135a-101, et seq.

Case 1:16-cv-00137-PMW Document 2 Filed 09/23/16 Page 9 of 10

32.

Melnors activities as set forth above entitle Orbit to an award of actual damages,

costs and attorneys fees and, if the Court determines that the circumstances are appropriate,
punitive damages under Utah Code Ann. 13-5a-103(1)(b).
PRAYER FOR RELIEF
WHEREFORE, Orbit respectfully prays for final judgment against Melnor as follows:
A.

Judgment finding that the 977 Patent is valid, enforceable and infringed by

Melnor;
B.

Preliminary and permanent injunctions against Melnor, its officers, agents,

servants, employees, successors, assigns and all other persons in active concert or participation
with any of them, enjoining them from directly or indirectly infringing in any manner the claims
of the 977 Patent;
C.

Judgment granting Orbit damages adequate to compensate it for Melnors

infringement of the 977 Patent, including an award of Melnors total profits under 35 U.S.C.
289, in amounts to be proven upon proper proof at trial;
D.

Trebling of Orbits damages pursuant to 35 U.S.C. 284;

E.

Judgment that this is an exceptional case pursuant to 35 U.S.C. 285, together

with an award of Orbits attorneys fees;

F.

Judgment that Melnor has committed acts of unfair competition under Utah Code

Ann. 13-5a-103;
G.

Judgment granting Orbit its reasonable attorneys fees pursuant to Utah Code Ann.

13-5a-103;

Case 1:16-cv-00137-PMW Document 2 Filed 09/23/16 Page 10 of 10

H.

Judgment granting Orbit punitive damages pursuant to Utah Code Ann. 13-5a-

I.

Orbits costs in bringing this action pursuant to all applicable federal, state and

103;

statutory law, including at least 35 U.S.C. 284 and Utah Code Ann. 13-5a-103;
J.

Prejudgment interest pursuant to all applicable federal, state and statutory law,

including at least 35 U.S.C. 284;

K.

Post-judgment interest pursuant to all applicable federal, state and statutory law,

including at least 28 U.S.C. 1961(a);

L.

For such other and further relief as the Court deems just and equitable.
JURY DEMAND

Orbit demands a trial by a jury for all issues so triable pursuant to Rule 38 of the Federal
Rules of Civil Procedure.
DATED this 23rd day of September, 2016.
WORKMAN NYDEGGER

By

/s/ Brent P. Lorimer

BRENT P. LORIMER (A 3731)
DAVID P. JOHNSON (13260)
60 East South Temple, Suite 1000
Salt Lake City, UT 84111
(801) 533-9800
(801) 328-1707 (FAX)

Attorneys for Plaintiff

ORBIT IRRIGATION PRODUCTS, INC.

10

Case 1:16-cv-00137-PMW Document 2-1 Filed 09/23/16 Page 1 of 2

EXHIBIT A

Case 1:16-cv-00137-PMW Document 2-1 Filed 09/23/16 Page 2 of 2

Case 1:16-cv-00137-PMW Document 2-2 Filed 09/23/16 Page 1 of 3

EXHIBIT B

Where to Buy

Page 1 of 2

Case 1:16-cv-00137-PMW Document 2-2 Filed 09/23/16 Page 2 of 3

Main Menu

Home
Products
About
Contact
Where to Buy
Instructions

If you are looking for a specific Melnor product, please call ahead to ensure availability.
Click on a logo to visit a Melnor retailer online.

The Home Depot

Amazon

Fred Meyer

Jerry's Home Improvement

McLendon Complete Hardware

Ace Hardware

http://www.melnor.com/where-to-buy

9/19/2016

Where to Buy

Page 2 of 2

Case 1:16-cv-00137-PMW Document 2-2 Filed 09/23/16 Page 3 of 3

Tenaquip
Copyright 2012-2015 Melnor, Inc. All Rights Reserved.
Site design by Weathervane Graphics, LLC

http://www.melnor.com/where-to-buy

Melnor, Inc.
Winchester, VA 22603
USA

9/19/2016

Case 1:16-cv-00137-PMW Document 2-3 Filed 09/23/16 Page 1 of 5

EXHIBIT C

Case 1:16-cv-00137-PMW Document 2-3 Filed 09/23/16 Page 2 of 5

Case 1:16-cv-00137-PMW Document 2-3 Filed 09/23/16 Page 3 of 5

Case 1:16-cv-00137-PMW Document 2-3 Filed 09/23/16 Page 4 of 5

Case 1:16-cv-00137-PMW Document 2-3 Filed 09/23/16 Page 5 of 5

Case 1:16-cv-00137-PMW Document 2-4 Filed 09/23/16 Page 1 of 5

EXHIBIT D

Case 1:16-cv-00137-PMW Document 2-4 Filed 09/23/16 Page 2 of 5

in limn nini tiiiiuRiin

US00D750977S

(12)

United States Design Patent

Ericksen et al.

(45)

(71) Applicant: Orbit Irrigation Products, Inc., North

Salt Lake, UT (US)
(72) Inventors: Kent C. Ericksen, Centerville, UT (US);
Karl L. Connolly, Bountiful, UT (US);
Jeffrey C. Thurgood, Severance, CO
(US)
(73) Assignee: Orbit Irrigation Products, Inc., North
Salt Lake, UT (US)
15 Years

Nov. 25,2015

us D750,977 s

**

Mar. 8,2016

References Cited
U.S. PATENT DOCUMENTS
D53,726
1,865,965
D191,294
4,562,865
D282,446
D295,778
4,807,664
D309,175
4,951,204

S
A
S
A
S
S
A
S
A *

8/1919
7/1932
9/1961
1/1986
2/1986
5/1988
2/1989
7/1990
8/1990

5,135,168 A *

8/1992

5,262,936 A * 11/1993
D365,771
D386,985
D427,085
D450,604
D452,695

(21) Appl. No.: 29/546,847

(22) Filed:

Patent No.:
Date of Patent:

(56)

(54) TIMER

(**) Term:

ao)

S
S
S
S
S

1/1996
12/1997
6/2000
11/2001
1/2002

Berge
Ruiz
Chamota et al.
Lemkin et al.
Gremonprez et al.
Bruninga et al.
Wilson etal.
Hastings et al.
Mylne, III
. A01G 25/16
* 239/69
Wang
A01G 25/162
137/624.18
Paris
. A01G 25/16
239/70
Clivio
Cameron
Steinhagen
Stekelenburg
Miller

(Continued)

Related U.S. Application Data

OTHER PUBLICATIONS

(60) Continuation of application No. 29/532,141, filed on

Jul. 1,2015, which is a continuation of application No.
29/500,449, filed on Aug. 25,2014, now Pat. No. Des.
736,104, which is a division of application No.
29/450,680, filed on Mar. 20,2013, now Pat. No. Des.
713,271.

U.S. Appl. No. 29/532,141, filed Jul. 1,2015, Kent C. Ericksen et al.

(51) LOC (10) CI

10-03
(52) U.S. CI.
USPC
D10/40
(58) Field of Classification Search
D10/40,122; D13/162.1; D23/245, 246
USPC
CPC .... A01G 25/00; A01G 25/16; A01G 25/162;
A01G 25/165; B05B 12/00; B05B 12/02;
F16K 31/48; G05D7/00; G05D7/06; G05D
7/0635; G04F3/00; G04F3/02
See application file for complete search history.

(Continued)
Primary Examiner Martie K Holtje
(74) Attorney, Agent, or Firm Austin Rapp & Hardman
(57)
CLAIM
The ornamental design for a timer, as shown and described.
DESCRIPTION
FIG. 1 is an elevated perspective view of a timer according to
our new design; and,
FIG. 2 is a front view of the timer shown in FIG. 1.
The portions of the timer depicted in broken linesform no part
of the claimed design.
In FIGS. 1 and 2, the planar surface of the timer between the
outer claimed circular edge and the inner claimed arcuate
edge, with the exception of the claimed text, forms no part of
the claimed design.
1 Claim, 2 Drawing Sheets

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Case 1:16-cv-00137-PMW Document 2-4 Filed 09/23/16 Page 3 of 5

US D750,977 S
Page 2

References Cited

(56)

U.S. PATENT DOCUMENTS

D467,187
D467,821
D476,240
D485,502
D507,243
7,225,057

S * 12/2002 Clivio
S
12/2002 Ogawa
S
6/2003 Kuramochi et al.
S
1/2004 Clivio
S
7/2005 Miller
B2 * 5/2007 Froman

7,252,113
7,404,415
D582,797
D636,278
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D647,411
D657,263
D657,264
8,160,750

B2
8/2007 Jacobs et al.
B2
7/2008 Jacobs et al.
S
12/2008 Fraseretal.
S
4/2011 Franchini
S
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S
10/2011 Barton etal.
S
4/2012 Nies etal.
S
4/2012 Nies etal.
B2 * 4/2012 Weiler

D658,519
D659,029
8,251,300
D679,259
D679,260
D682,714
D713,271
D736,104
2006/0011243
2009/0001193

S *
S
B2
S *
S *
S
S *
S *
Al
Al*

2010/0230510 Al *

5/2012
5/2012
8/2012
4/2013
4/2013
5/2013
9/2014
8/2015
1/2006
1/2009

Connolly
Connolly et al.
Wilson
Franchini
Franchini
Barton etal.
Ericksen
Ericksen
Jacobs etal.
Parsons

9/2010 Wilson

D10/40

A01G 25/165
239/69

A01G 25/16
239/69
D10/122
D13/162.1
D13/162.1
D10/40
D10/40
. A01G 25/16
239/69
A01G 25/165
239/70

OTHER PUBLICATIONS
Orbit Irrigation Products, Inc., The product(s) shown in attachment 1
were sold or offered for sale by Orbit Irrigation Products, Inc., on or
before November of 2008.
Melnor, Inc., AquaTimers, Web page retrieved on Jun. 17, 2013,
apparently published on or before Feb. 10, 2012, web.archive.org/
web/20120210191541/http://www.melnor.com/products-aquatimers.php.
Melnor, Inc., AquaTimers, Web page retrieved on Jun. 17, 2013,
apparently published on or before Jun. 24, 2012, web.archive.org/
web/20120624233645/http://www.melnor.com/products-aquatimers.php.
Robert Bosch Tool Corporation, Nelson, Web page retrieved on Jun.
17,2013, apparently published on or before Jul.9,2012, web.archive.
org/web/20120709203520/http://www.lmelson.com/products/water-conservation2/water-timers/.
Restriction Requirement, U.S. Appl. No. 29/450,680, Mailed on Feb.
2, 2014.
Restriction Requirement Response, U.S. Appl. No. 29/450,680,
Dated Apr. 14,2014.
Restriction Requirement, U.S. Appl. No. 29/500,449, Mailed on Oct.
1,2014.

Restriction Requirement Response, U.S. Appl. No. 29/500,449,

Dated Dec. 1, 2014.
Notice of Allowance and Fees(s) Due (including a Notice of
Allowability For A Design Application and an Examiner's Amendment), U.S. Appl. No. 29/500,449, Mailed on Dec. 17, 2014.
Continued Prosecution Application, U.S. Appl. No. 29/500,449,
Dated Mar. 17, 2015.
Notice of Allowance and Fees(s) Due (including a Notice of
Allowability For A Design Application and an Examiner's Amendment), U.S. Appl. No. 29/500,449, Mailed on Apr. 6, 2015.
Orbit Irrigation Products, Inc., The product(s) shown in attachment 1
were sold or offered for sale by Orbit Irrigation Products, Inc., on or
before Nov. 2008.
Robert Bosch Tool Corporation, The product(s) shown in attachment
2 were sold or offered for sale by Robert Bosch Tool Corporation
under the brand name Nelson on or before Mar. 19, 2013.
Melnor, Inc., The product(s) shown in attachment 3 were sold or
offered for sale by Melnor, Inc., on or before Mar. 19, 2013.
Melnor, Inc., AquaTimers, Web page retrieved on Jun. 17, 2013,
apparently published on or before Feb. 10, 2012, web.archive.org/
web/20120210191541/http://www.melnor.com/productsaquatimers.php.
Melnor, Inc., AquaTimers, Web page retrieved on Jun. 17, 2013,
apparently published on or before Jun. 24, 2012, web.archive.org/
web/20120624233645/http://www. melnor.com/products-aquatimers.php
Robert Bosch Tool Corporation, Nelson, Web page retrieved on Jun.
17, 2013, apparently published on or before Mar. 27, 2012, web.
archive.org/web/20120327000229/http://www.lmelson.com/products/water-conservation2/watertimers/.
Robert Bosch Tool Corporation, Nelson, Web page retrieved on Jun.
17,2013, apparently published on or before Jul.9,2012, web.archive.
org/web/20120709203520/http://www.lmelson.com/products/
waterconservation2/water-timers/.
Rain Bird Corporation, the product(s) shown in attachment 8 was
sold or offered for sale by Rain Bird Corporation at least by Mar. 19,
2012.
Orbit Irrigation Products, Inc., the product(s) shown in attachment 9
were sold or offered for sale by Orbit Irrigation Products, Inc., at least
by Mar. 19, 2012.
Orbit Irrigation Products, Inc., the product shown in attachment 10
was sold or offered for sale by Orbit Irrigation Products, Inc., at least
by Mar. 19, 2012.
U.S. Appl. No. 29/546,843, filed Nov. 25, 2015, Orbit Irrigation
Products, Inc.
Notice of Allowance and Fee(s) Due (including a Notice of
Allowability For A Design Application, a Restriction/Election
Requirement section, an Examiner's Amendment section, an Amend
ment to the Drawing section and an Amendment to the Specification
section), U.S. Appl. No. 29/546,843, Mailed on Dec. 30, 2015.
Notice of Allowance and Fee(s) Due (including a Notice of
Allowability For A Design Application, a Restriction/Election
Requirement section,an Examiner's Amendment section,an Amend
ment to the Drawing section and an Amendment to the Specification
section), U.S. Appl. No. 29/532,141, Mailed on Dec. 31, 2015.

* cited by examiner

Case 1:16-cv-00137-PMW Document 2-4 Filed 09/23/16 Page 4 of 5

U.S. Patent

Mar. 8,2016

Sheet 1 of 2

US D750,977 S

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Case 1:16-cv-00137-PMW Document 2-4 Filed 09/23/16 Page 5 of 5

U.S. Patent

Mar. 8,2016

Sheet 2 of 2

US D750,977 S

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Case 1:16-cv-00137-PMW Document 2-5 Filed 09/23/16 Page 1 of 4

EXHIBIT E

Case 1:16-cv-00137-PMW Document 2-5 Filed 09/23/16 Page 2 of 4

ORBIT PRODUCT NO. 24600

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MANUAL

_ CLEARN

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Case 1:16-cv-00137-PMW Document 2-5 Filed 09/23/16 Page 3 of 4

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ORBIT PRODUCT NO. 24713

Case 1:16-cv-00137-PMW Document 2-5 Filed 09/23/16 Page 4 of 4

ORBIT PRODUCT NO. 24723

(Manifold Omitted)

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Case
Case1:16-cv-00137-PMW
1:16-cv-00137-PMW
Document
Document
2-6
1 Filed
Filed09/23/16
09/23/16 Page
Page11ofof11
CIVIL COVER
SHEET

JS 44 (Rev. 11/15)

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)

DEFENDANTS

PLAINTIFFS

MELNOR, INC., a Delaware corporation

ORBIT IRRIGATION PRODUCTS, INC., a Utah corporation

_D_ac_v_i_s_________

(b) County of Residence of First Listed Plaintiff

County of Residence ofFirst Listed Defendant

Frederick County, Virginia

(IN U.S. PLAINTIFF CASES ONLY)

(EXCEPT JN U.S. PLAINTIFF CASES)

NOTE:

IN LAND CONDEMNATION CASES, USE THE LOCATION OF

THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

( C) Attorneys (Firm Name, Address, and Telephone Number)

Brent P. Lorimer, David P. Johnson

Workman Nydeg@ri-. 60 East South Tem[)le, Suite 1000,
Salt Lake City, Uf 04111; (801) 533-9800

II. BASIS OF JURISDICTION (Placean

"X"inOneBoxOnlyJ

0 I

U.S. Government
Plaintiff

~3

Federal Question
(U.S. Government Not a Party)

0 2

U.S. Government
Defendant

0 4

Diversity
(Indicate Citizenship ofParties in Item III)

IV. NATURE OF SUIT (Place an

0
0
0
0
0
0
0

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an

(For Diversity Cases Only)
PTF
Citizen of This State
0 1

"X" in One Box for Plaintiff

and One Box for Defendant)
PTF
DEF
0 4
0 4
Incorporated or Principal Place
of Business In 111is State

DEF
0 1

Citizen of Another State

0 2

Incorporated and Principal Place

of Business In Another State

0 5

Citizen or Subject of a
Forei n Coun

0 3

Foreign Nation

0 6

"X"inOneBoxOnly)

PERSONAL INJURY
0 310 Airplane
0 315 Airplane Product
Liability
0 320 Assault, Libel &
Slander
0 330 Federal Employers'
Liability
0 340 Marine
0 345 Marine Product
Liability
0 350 Motor Vehicle
0 355 Motor Vehicle
Product Liability
0 360 Other Personal
Injury
0 362 Personal Injury Medical Malpractice

PERSONAL INJURY
0 365 Personal Injury Product Liability
0 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Trutl1 in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability

0 625 Drug Related Seizure

of Property 21 USC 881
0 690 Other

0 422 Appeal 28 USC 158

0 423 Withdrawal
28 USC 157

JL:Bvu!j-!iE~:K~CiJlfiiimfisi:="'~;i~
0 820 Copyrights
~ 830 Patent
0 840 Trademark
1
~TI
,i:=:TI
:. -BE
'""llR~:IBJ:r:1111\l:.i;;:.;:i:;])0jjj<kjjj9ij.~
111i:j ~ gljiiiJ5TIS

0 710 Fair Labor Staudards

0 861 HIA (1395ff)
Act
0 862 Black Lung (923)
0
0 720 Labor/Management
0 863 DIWC/DIWW (405(g))
0
Relations
0 864 SSID Title XVI
0
0 740 Railway Labor Act
0 865 RSI (405(g))
0
0 751 Family and Medical
Leave Act
0 790 Other Labor Litigation
1., 0 791 Employee Retirement
FEZTI:iRE~'.:1<~'[email protected]~,..,,l...[!TY!j~;:::~=~iwi~~;!:E'.:Jl~~~~.iYJE~
.~i;~/j"P~-!l~"~NER:ij[j'P[jj.E;;f!l~lj
~js.;,Ffjiil~'"~:~'.j11l"[s~uru;,...[i"':]1
0 210 Land Condemnation
0 440 Other Civil Rights
Habeas Corpus:
Income Security Act
0 870 Taxes (U.S. Plaintiff
0 441 Voting
0 463 Alien Detainee
0 220 Foreclosure
or Defendant)
0 510 Motions to Vacate
0 230 Rent Lease & Ejectment
0 442 Employment
0 871 IRS-Third Party
Sentence
0 240 Torts to Land
0 443 Housing/
26 USC 7609
0 530 General
0 245 Tort Product Liability
Accommodations
0 290 All Other Real Property
0 445 Amer. w/Disabilities - 0 535 Death Penalty
,..'~il:r1.M-11a:T.iu"'""'"",.,..,.,
Employment
0 462 Naturalization Application
Other:
0 446 Amer. w/Disabilities - 0 540 Mandamus & Other
0 465 Other Immigration
Other
0 550 Civil Rights
Actions
0 555 Prison Condition
0 448 Education
0 560 Civil Detainee Conditions of
Confinement

.......

..

V. ORIGIN (Place an
~l

Original
Proceeding

0 375 False Claims Act

0 376 Qui Tam (31 USC
3729(a))
0 400 State Reapportionment
0 410 Antitrust
0 430 Banks and Banl<ing
0 450 Commerce
0 460 Deportation
0 4 70 Racketeer Influenced and
Corrupt Organizations
0 480 Consumer Credit
0 490 Cable/Sat TV
0 850 Securities/Commodities/
Exchange
0 890 Other Statutory Actions
0 891 Agricultural Acts
0 893 Enviromnental Matters
0 895 Freedom of Information
Act
0 896 Arbitration
0 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
0 950 Constitutionality of
State Statutes

"X" in One Box Only)

0 2 Removed from
State Court

Remanded from
Appellate Court

0 4 Reinstated or
Reopened

0 5 Transferred from

0 6 Multidistrict

Another District

Litigation

(speci/Y)

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

35

VI. CAUSE OF ACTION

u.s.c. 271

~B".""n"."".e-::-f-::-de-s-cn":'".p".""ti~o-n-of':"c-a-us_e_:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Patent intringement

VII. REQUESTED IN
0
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE

CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.
(See instructions):

JUDGE
SIGNATURE OF ATTORNEY OF

09123116

Isl Brent P. Lorimer

FOR OFFICE USE ONLY

RECEIPT#

DEMAND$

AMOUNT

APPLYING JFP

CHECK YES only if demanded in complaint:

JURY DEMAND:

~Yes

0 No

Case: 1:16cv00137
Ass~gned To : Warner, Paul M
Ass 1 9-:1 ~ate
9/23/2016

e~s~~t~~:on:

Orbit Irrigation Products