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

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF MINNESOTA
Spray Control Systems, Inc.,

Case No. _______________

Plaintiff,
v.

Declaratory Judgment Complaint

Donald Roberson,
Defendant.

Spray Control Systems, Inc. (SCS) asserts the following claims against
Donald Roberson:
Jury Demand
Plaintiff demands a jury trial on all issues so triable.
Introduction
1.

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

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


2.

Plaintiff seeks declaratory judgment that United States Patent

Numbers: D625,103 (the


103 Patent) is not infringed by Plaintiff and that the
103 Patent is invalid.

CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 2 of 8

The Parties
3.

SCS is a corporation organized pursuant to Minnesota law having

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


MN 55917. SCS sells
Minimizer branded products.
4.

Upon information and belief, Donald Roberson, is an individual

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


Jurisdiction and Venue
5.

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

Declaratory Judgment Act, 28 U.S.C. 2201 et seq. This Court has subject matter
jurisdiction over these claims pursuant to 28 U.S.C. 1331, 1338 and 2201.
6.

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

be sent to SCS.
7.

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


Background

8.

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

including products for over-the-road trucks. Among the products that are sold
by SCS is the
Single Tire Work Bench, shown below:

CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 3 of 8

9.

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

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


representing Mr. Roberson. A true and accurate copy of the Cease and Desist
Letter is attached as Exhibit 1 (without attachments).
10.

Among other things, the Cease and Desist Letter asserts that SCSs

single tire work bench infringes the 103 Patent.


11.

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

Desist Letter.
12.

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

controversy between the parties of sufficient immediacy and reality to warrant


the issuance of a declaratory judgment.

CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 4 of 8

Count I: Non-Infringement of the 103 Patent


13.

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

1 through 12.
14.

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

Exhibit 2.
15.

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

Patent.
16.

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

figure below:

17.

Mr. Roberson asserts that SCSs


Single Tire Work Bench, shown

below, infringes the 103 Patent.

CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 5 of 8

18.

Plaintiff does not infringe the 819 Patent.

19.

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

observer test. See Egyptian Goddess, Inc. v. Swisa, 543 F.3d 665 (Fed. Cir. 2008).
The Federal Circuit has indicated that proof of similarity under the ordinary
observer test is not enough to establish design patent infringement Id. at 670
(citing cases).
In some instances, the claimed design and the accused design
will be sufficiently distinct that it will be clear without more that the patentee has
not met its burden of proving the two designs would appear substantially the
same to the ordinary observer. . . Id. at 679.
20.

Without exhausting all the differences between the patented design

and the accused design, one can see that the patented design has several
elements that are not present on the allegedly infringing design. For example the
patented design has a base that is angular in nature. There are not similar angles
5

CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 6 of 8

in the SCS product. As another example, the patented design appears to have a
planer surface in the tool holding area, whereas the SCS design does not. Finally,
the patented design has a tool tray that extends out over the base, whereas the
SCS tray is entirely above the base.
21.

Given the obvious differences between the patented design and the

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


exceptional case pursuant to 35 U.S.C. 285, and may recover its costs and fees.
Count II: Invalidity the 103 Patent
22.

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

1 through 21.
23.

The 103 Patent is invalid or unenforceable because, among other

things, the claimed design is anticipated or obvious in light of the prior art. See
35 U.S.C. 102, 103.
24.

For example, United States Patent 4,341,304 (the 304 Patent),

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

CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 7 of 8

25.

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

by nearly 30 years.
26.

For arguments sake, if the SCS


Single Tire Work Bench is found to

infringe the 103 Patent (which could only happen if the 103 Patent were
improperly construed), then the 103 Patent claims will be so broad as to
encompass the prior art, such as the 304 Patent. Under such a construction, the
103 Patent would be invalid n view of the prior art.
27.

The 103 Patent also claims functional aspects, which invalidates the

design patent.
PRAYER FOR RELIEF
WHEREFORE, SCS prays for relief as follows:
1.

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

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

2.

That the Court adjudicate and declare that Plaintiff does not infringe

the 103 Patent;


3.

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

4.

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

fees;

just and proper.

Respectfully submitted,
Dated: February 10, 2016

GRAY, PLANT, MOOTY,


MOOTY & BENNETT, P.A.
By: /s/Loren L. Hansen
Loren L. Hansen (MN No. 387812)
Richard C. Landon (MN No. 392306)
500 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402-3796
Telephone: (612) 632-3000
Fax: (612) 632-4000
Loren.Hansen@gpmlaw.com
Richard.Landon@gpmlaw.com
ATTORNEYS FOR PLAINTIFF.

GP:4302726v1

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

EXHIBIT 1

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 2 of 15

R. DAVID BROWN, ESQ.

2900 WESTFORK DR., SUITE 401


BATONROUGE,LA 70827
OFFICE: 225.810.3322
FAX: 225.709.9435

Email: david@rdb-law.com

LAW OFFICE OF R. DAVID BROWN


February 2, 2016

CEASE AND DESIST DEMAND


Pursuant to Title 35 of the United States Code

James Richards
Minimizer
500 Minimizer Way SE
Blooming Prairie, MN 55917
Dear Mr. Richards:
This law firm represents Donald Roberson. If you are represented by legal counsel, please direct
this letter to your attorney immediately and have your attorney notify us of such representation.
We are writing to notify you that your unlawful copying of the Tire Table (US Patent No. USD
625,103 S) infringes upon our client's exclusive patent. Accordingly, you are hereby directed to
CEASE AND DESIST ALL PATENT INFRINGEMENT.
Donald Roberson is the owner of a patent in various aspects of the Tire Table. Under United
States patent law, Mr. Roberson's patent protection has been in effect since the date that the Tire
Table was created and later patented on October 12, 2010. All patentable aspects of the Tire
Table are protected under United States patent law.
It has come to our attention that since, on or around June 1, 2015, you have been copying the
Tire Table and selling it for commercial gain. We have copies of your unlawful product to
preserve as evidence. Your actions constitute patent infringement in violation of United States
patent laws. Under 35 U.S.C. 271 et seq., and established law, the consequences of patent
infringement include damages or royalties and attorney's fees, etc. If you continue to engage in
the aforestated patent infringement after receiving this letter, your actions will be used as
evidence of ''willful infringement."

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 3 of 15

We demand that you immediately (A) cease and desist your unlawful production and sale of the
Minimizer "Single Tire Work Bench" and/or copying of the Tire Table and (B) provide us with
prompt written assurance within seven (7) days that you will cease and desist from further
infringement of Mr. Roberson's patented works. (SEE ATTACHED)
If you do not comply with this cease and desist demand within this time period, Mr. Roberson is
entitled to use your failure to comply as evidence of "willful infringement" and seek monetary
damages and equitable relief for your patent infringement. In the event you fail to meet this
demand, please be advised that Donald Roberson has asked us to communicate to you that it will
contemplate pursuing all available legal remedies, including, but not limited to seeking monetary
damages, injunctive relief and an order that you pay court costs and attorney's fees. Your
liability and exposure under such legal action could be considerable.
Before taking these steps, however, my client wished to give you one opportunity to discontinue
your illegal conduct by complying with this demand within seven (7) days. Accordingly, please
contact me and return a signed copy of the attached Patent Infringement Agreement within seven
(7) days to:
R. David Brown
2900 Westfork Drive, Suite 40 I
Baton Rouge, LA 70827
Fax: 225.709.9435
Email: david@rdb-Iaw.com
If you or your attorney(s) have any questions, please contact me directly.
Sincerely,

R. David Brown

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 4 of 15

EXHIBIT 2

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 5 of 15


111111111111111111111111111111111111111111111111111111111111111111111111111
USOOD6251 03 S

(12)

United States Design Patent

(10)

Roberson

(45)

(54)

TIRE SUPPORTED TABLE

(76)

Inventor:

7,207,438 B2

Donald Roberson, 7511 Magnolia


Beach Rd., Dunham Springs, LA (US)
70726

(**)

Term:

(21)

Appl, No.: 29/280,234

(22)

Filed:

(51)
(52)
(58)

LOC (9) CI. ..


03-01
U.S. CI.
D3/304
Field of Classification Search
D3/304,
D3/307, 309-310,312-313; 206/349,373,

US D625,103 S
** Oct. 12,2010

Patent No.:
Date of Patent:

* cited by

4/2007

Lieffring et aI

206/378

examiner

Primary Examiner-T. Chase Nelson


Assistant Examiner-Kathleen M Sims
(74) Attorney,Agent, or Firm-Brian D. Bellamy

14 Years
(57)

CLAIM

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


May 22, 2007
DESCRIPTION

206/557; D8171
See application file for complete search history.
(56)

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

U.S. PATENT DOCUMENTS


3,269,555 A
4,341,304 A

8/1966

Henderson ...............

7/1982

Diller .........................

1/1998 Stewart

D424,806 S

5/2000

6,109,435 A

8/2000 Failor

D481,282 S

211/86.0 I

1/1982 Mitchell ..................... 248/149

5,706,991 A

FIG. 3 is a bottom plan view thereof;


FIG. 4 is a side elevational view thereof;
FIG. 5 is a side elevational view thereof;

References Cited

4,309,009 A

FIG. 1 is a front perspective view of a tire supported table


showing my new design;
FIG. 2 is a top plan view thereof;

206/349

Dixon, Sr.

10/2003 Kitchen ........................

D817l

FIG. 7 is a rear elevational view thereof.


The broken line showing details of the base in FIG. 4 is
included for the purpose of showing environmental portions
of the tire supported table and forms no part of the claimed
design. The broken lines in FIG. 3 indicate the boundaries of
the claimed design, and the broken lines and areas within
these lines form no part of the claimed design.
1 Claim, 4 Drawing Sheets

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 6 of 15

u.s. Patent

Oct. 12,2010

Sheet 1 of 4

US D625,103 S

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 7 of 15

u.s. Patent

Oct. 12, 2010

Sheet 2 of 4

US D625,103 S

:fig. 2
--------------~--~----- ---------

--~----------------------------- ---

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 8 of 15

u.s. Patent

Oct. 12,2010

Sheet 3 of 4

US D625,103 S

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 9 of 15

U.S. Patent

:Fia.

Oct. 12, 2010

Sheet 4 of 4

US D625,103 S

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

EXHIBIT 3

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 11 of 15

United States Patent

[19]

Diller
[54]

TOOL TRAY

[76]

Inventor:

[21]

Appl. No.: 196,006

[22]

Filed:

[51]
[52]

Int. Cl.3
U.S. Cl

[58]

Field of Search

[56]

Jul. 27, 1982


224/42.42 R
296/37.1
2061557

Weber Co.

B65D 43/00; B65D 61/00


206/349; 108/44;
206/557; 224/42.42; 296/37.1
~
206/557, 349;
224/42.42 R; 296/37.1; 108/44

References Cited
U.S. PATENT DOCUMENTS
Watt
Cook
Policastro
Olson
Haase

[45]

Primary Examiner-William T. Dixson, Jr.


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

Oct. 10, 1980

2,670,260 2/1954
2,897,974 8/1959
2,962,333 11/1960
2,988,206 6/1961
3,048,457 8/1962

4,341,304

3,394,849 7/1968 Streeter


4,136,904 ,1/1979 Lauderdale
4,169,532 10/1979 Scapellate

Harold L. Diller, 3980 Highland Dr.,


Mogadore, Ohio 44260

[11]

108/44 UX
224/42.42 R
108/44
224/42.42 R
108/44

[57]

ABSTRACf

A tray for use by diesel truck mechanics, designed and


adapted for receipt and maintenance upon a tractor tire.
Fundamentally, the invention includes a base comprising a rectangular box which is open at the bottom.
Opposite ends of the base are each characterized by an
opening of decreasing width from the bottom of the
base upwardly, thus being adapted for receipt by various size tires with the crown of the tire being received
through the open bottom of the base. Mounted atop the
base is a tray which may be pivotally secured thereto.
9 Claims, 2 Drawing Figures

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 12 of 15

u.s. Patent

Jul. 27, 1982

FIG.-I

Sheet 1 of 2

4,341,304

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 13 of 15

u.s.

Patent

Jul. 27, 1982 .

Sheet 2 of 2

40~

FIG.-2

4,341,304

CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 14 of 15

4,341,304

TOOL TRAY

BACKGROUND ART
The invention herein resides in the art of tool trays
and the like and, more particularly, to such a tray for
use in the trucking industry. Presently, cab-over-engine
tractors have replaced the more conventional ones since
the former accommodates a larger trailer while staying
within federal guidelines for overall length. As the
name implies, the engine and other mechanical systems
of the cab-over-engine tractor is maintained beneath the
cab itself in a rather compact and densely populated
area. When a mechanic makes access to the eD;gine, the
cab is lifted forward and there is generally little area
upon which the mechanic might place tools, parts, or
repair equipment. Indeed, the engine itself is well encumbered with related apparatus such that no flat areas
are available for receipt of such elements. Should elements be placed upon the engine block, they are often
lost, overlooked, or forgotten during the mechanic's
work efforts.
It has become common for cab-over-engine mechanics to utilize one of the front or steering tires of the
tractor as a tray of sorts to receive tools, parts, and the
like during servicing operations. These elements are
placed at the top or crown of the tire, but with the tire
being typically of a circular nature; there is only a small
area than can receive such elements without having the
same roll or fall therefrom. Similarly, the crown of the
tire is too unstable to receive a tool tray and, in ma~y
situations, if the tool tray is merely set on the floor, Its
accessibility to the mechanic is severely limited.
DISCLOSURE OF INVENTION

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


the tool tray assembly of the invention; and
FIG. 2 is a perspective view of a second embodiment
of the tool tray assembly of the invention.
5

10

15

20

25

30

35

In light of the foregoing, it is an object ofan aspect of


the instant invention to provide a tool tray which may
be received by a tractor tire and supported on either
side of the crown thereof.
40
Yet another object of an aspect of the invention is to
provide a tool tray which may be received on a flat
surface such as a floor or workbench, as well as being
received upon a tire.
A further object of an aspect of the invention is to 45
provide a tool tray which is rotatably and selectively
positionable.
An additional object of an aspect of the invention is to
provide a tool tray which is adapted to be received by
tires of various sizes.
.
50
Yet another object of an aspect of the invention is to
provide a tool tray which is reliable and durable in
operation while being constructed utilizing state-of-theart techniques and components.
The foregoing and other objects of the invention 55
which will become apparent as the detailed description
proceeds are achieved by a tool tray assembly, comprising: a base having a top interconnecting front and back
plates at opposite ends thereof, said front and back
plates having aligned openings therein, said base being 60
open at the bottom thereof; and a tray maintained upon
said top.
BRIEF DESCRIPTION OF DRAWING
For a complete understanding' of the objects, tech- 65
niques and structure of the invention, reference should
be had to the following detailed description and accompanying drawing wherein:

BEST MODE FOR CARRYING OUT THE


INVENTION
Referring now to the drawing of FIG. 1, it can be
seen that a tool tray made in accordance with the invention is designated generally by the numeral 10. It will be
understood as this description proceeds that the components of the tool tray 10 may be of high impact plastic,
sheet metal, or the like. The material for construction of
the elements of the unit 10 need only be dictated by the
considerations of wear and durability. In any event, the
tool tray 10 includes a base 12 which is generally of a
rectangular box construction. The base 12 includes
front and back plates 14, preferably of equal size, and
side plates 16, again of equal size. A top 18 interconnects the plates 14,16 at the top thereof, while the bottoms of the plates 14,16 lie within a plane defining an
open bottom for the rectangular base 12.
Each of the front and back plates 14 are characterized
by an opening 20 therein. The openings 20 are of decreasing width from the bottom of the plate 14 to the
top of the opening, such top of the opening falling beneath the top 18 of the base 12. Preferably, the width of
the opening 20 decreases in increments or steps as
shown, and the bottom of the opening 20 communicates
with and comprises a portion of the open bottom of the
base 12.
The incremental changes in width of the opening 20,
or the steps thereof, are defined by support edges
22,24,26 as shown in the drawing. Vertical edges 22a,24o,26a, orthogonally join the respective support edges
22,24,26. As will be discussed hereinafter, the separation
between the vertical edges 22a would accommodate
one width of tire, while the separation between the
vertical edges 240 would accommodate a narrower
width of tire, while the separation between the vertical
edges 200 would accommodate yet a final width of tire.
As further shown in the drawing, the tool tray assembly 10 includes a tray 28, shown as a unitary open tray
having a lip or raised side about a bottom 30. It will be
understood that the tray 28 could be compartmentalized
by dividers extending between the lips if desired. A
spindle 32 passes through registered openings in the
bottom 30 and top 18 with appropriate heads on each
side of the spindle to allow the tray 28 to rotate upon
the top 18. As illustrated, the spindle 32 may include a
knob or handle at the top thereof to facilitate handling.
Such rotation allows for optimum positioning of tools,
test equipment, parts, and the like, which might be received by the tool tray assembly 10.
It should now be appreciated that the tool tray of the
invention may, with the plates 14,16having the bottoms
thereof in coplanar relationship, be received and maintained upon a floor, workbench, or the like. In such
case, the tray 28, rotatable upon the top 18 of the base
12, allows optimum accessibility by the user to the tools,
parts, equipment, and the like maintained thereby. Additionally, the openings 20 in the plates 14 are adapted
for being received upon a tractor tire with the crown of
the tire being received through the open bottom of the
base 12 with appropriate support edges 22,24,26 being
received on the tire edges on a cord passing through the
tire circumference. For example, a tire having an 11.00
tread width might receive the support edges 22 with the

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


4,341,304
3
vertical edges 220 of each of the plates 14 passing along
the vertical side edges of the tread. Similarly, for. a
tractor tire having a width of 10.00, the tray might be
received on the support edges 24 with the vertical edges
24a coming down along the sides of the tire tread. Fi- S
nally, a tire having a tread width of 9.00 might receive
the assembly 10 on the support edge 26 with the vertical
edges 200 coming down alongside the tire tread.
It will be understood that the tray assembly 10 is
preferably positioned with the high point of the crown 10
of the tire at the center of the assembly with the appropriate support edges of the plates 14 being equally
spaced on opposite sides of such crown. It will further
be understood that the support edges 22,24,26 provide 15
for vertical support, while the vertical edges 220,24a,26a provide for lateral or horizontal support against
the tire edge. Finally, with the plates 14 being made of
plastic or sheet metal having a thickness on the order of
approximately 0.010 inch, the support edges 22,24,26 20
will readily be received in very secure engagement by
the treads on the tires.
Utilizing the structure of the invention, tools, test
equipment, parts, and the like may be kept readily at
hand at one centralized location while a mechanic per- 25
forms operations on the cab-over-engine truck. The
opening 20 in the plates 14 may be characterized by any
number of steps or increments of width change, dependent upon the standard tire widths in the industry.
With reference now to FIG. 2, a second tool tray 30
embodiment of the invention is designated by the numeral 40. Again, a base 12 is provided having an open
bottom and registered openings in the front and back
plates 14. These openings 42 are of an arcuate nature,
being widest at the open bottom of the base 12 as 35
shown. The edges of the openings 42 are characterized
by teeth or serrations 44 for making biting securing
engagement with the truck tire, the arcuate openings 42
being of such contour as to accommodate the various 40
sizes of tires as earlier discussed. Of course, the arcuate
nature of the openings 42 are capable of being received
by any size of tire not exceeding the width of the bottoms of such openings, the edges of the openings 42
making securing engagement with the edges of the tire. 4S
As further shown in FIG. 2, the tray 46 may substantially overhang the base 12 to receive a large quantity of
tools, parts, and the like. The tray 46 is again rotatable
about a spindle 48 and is further characterized by a hole
50 therein for receiving a hook for storage of the assem- 50
bly 40 on a wall, post, or other vertical surface.

55

60

65

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


have been satisfied with the structures presented hereinabove. While in accordance with the patent statutes
only the best modes and preferred embodiments of the
invention has been presented and described in detail, it
is to be understood that the invention is not limited
thereto or thereby. Consequently, for an appreciation of
the true scope and breadth of the invention, reference
should be had to the following claims.
What is claimed is:
1. A tool tray assembly, comprising:
a base having top interconnecting front and back
plates at opposite ends thereof, said front and back
plates having aligned openings therein and said
base being open at the bottom thereof;
a tray maintained upon said top; and
wherein said aligned openings decrease in width incrementally in steps from the bottoms of said openings to the tops thereof.
2. The tool tray assembly according to claim 2
wherein said aligned openings in said front and back
plates extend upwardly from bottom edges of said front
and back plates, said bottom edges defining the bottom
of said base.
3. The tool tray assembly according to claim 2
wherein said aligned openings are arcuate.
4. The tool tray assembly according to claim 1 which
further includes a pair of side plates interconnecting
said front and back plates at opposite edges thereof, and
further being connected to said top.
5. The tool tray assembly according to claim 1
wherein said tray is pivotally mounted to said top.
6. The tool tray assembly according to claim 5
wherein said tray has a raised lip about the periphery
thereof.
7. Apparatus for receiving tools and the like, comprising:
a base comprising a rectangular box of rigid sheet
material and being open at the bottom thereof;
a tray pivotally maintained on top of said base; and
wherein a pair of opposed ends of said rectangular
box have openings therein, said openings extending
from said bottom of said box upwardly toward said
top of said box, and being of decreasing width from
said bottom toward said top, said openings having
serrated edges.
8. The apparatus as recited in claim 7 wherein the
width of said openings decreases incrementally.
9. The apparatus as recited in claim 7 wherein said
openings are arcuate.

...

...

...

...

CASE 0:16-cv-00326-JRT-TNL Document 1-2 Filed 02/10/16 Page 1 of 1

CIVIL COVER SHEET

JS 44 (Rev. 12/12)

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

Spray Control Systems, Inc.

Donald Roberson

(b) County of Residence of First Listed Plaintiff Steele

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

NOTE:

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

Attorneys (If Known)

Loren L. Hansen / Richard C. Landon


Gray Plant Mooty Mooty & Bennett, P.A.
500 IDS Center, 80 South Eighth Street
Minneapolis, MN 55402
(612) 632-3000

II. BASIS OF JURISDICTION (Place an X in One Box Only)


1

U.S. Government
Plaintiff

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

U.S. Government
Defendant

4 Diversity
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT


CONTRACT
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 Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff


(For Diversity Cases Only)
PTF
1

Citizen of This State

(Place an X in One Box Only)


TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities
- Employment
446 Amer. w/Disabilities
- Other
448 Education

PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

Incorporated or Principal Place


of Business In This State

Citizen of Another State

Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

FORFEITURE/PENALTY

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

and One Box for Defendant)


PTF
DEF
4
4

DEF

625 Drug Related Seizure


of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)


1 Original
Proceeding

2 Removed from
State Court

3 Remanded from
Appellate Court

Reinstated or
Reopened

5 Transferred from
Another District

6 Multidistrict
Litigation

(specify)

VI. CAUSE OF
ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity) :
28 U.S.C. Section 2201, et seq.; 35 U.S.C. Section 1, et seq.
Brief description of cause:
Declaratory Judgment of non-infringement and invalidity of U.S. Patent No. D625,103
CHECK YES only if demanded in complaint:
DEMAND $
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
Yes
No
JURY DEMAND:

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

(See instructions):

JUDGE

DATE

SIGNATURE OF ATTORNEY OF RECORD

02/10/2016

s/ Loren L. Hansen

DOCKET NUMBER

FOR OFFICE USE ONLY


RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE