Spray Control v. Roberson - Complaint
-
Upload
sarah-burstein -
Category
Documents
-
view
222 -
download
0
Transcript of Spray Control v. Roberson - Complaint
-
8/20/2019 Spray Control v. Roberson - Complaint
1/241
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MINNESOTA
Spray Control Systems, Inc.,
Plaintiff,
v.
Donald Roberson,
Defendant.
Case No. _______________
Declaratory Judgment Complaint
Spray Control Systems, Inc. (“SCS”) asserts the following claims against
Donald Roberson:
Jury Demand
Plaintiff demands a jury trial on all issues so triable.
Introduction
1. This is an action for declaratory judgment under 28 U.S.C. § 2201 et
seq. and Fed. R. Civ. P. 57.
2. Plaintiff seeks declaratory judgment that United States Patent
Numbers: D625,103 (the “‘103 Patent”) is not infringed by Plaintiff and that the
‘103 Patent is invalid.
CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 1 of 8
-
8/20/2019 Spray Control v. Roberson - Complaint
2/242
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 2 of 8
-
8/20/2019 Spray Control v. Roberson - Complaint
3/243
9. On or around February 8, 2016, SCS received a letter dated February
2, 2016 from R. David Brown (“Cease and Desist Letter”), an attorney
representing Mr. Roberson. A true and accurate copy of the Cease and Desist
Letter is attached as Exhibit 1 (without attachments).
10. Among other things, the Cease and Desist Letter asserts that SCS’s
single tire work bench infringes the ‘103 Patent.
11. SCS denies the allegations made by Mr. Roberson in the Cease and
Desist Letter.
12. The Cease and Desist Letter is evidence that there is a substantial
controversy between the parties of sufficient immediacy and reality to warrant
the issuance of a declaratory judgment.
CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 3 of 8
-
8/20/2019 Spray Control v. Roberson - Complaint
4/244
Count I: Non-Infringement of the ‘103 Patent
13. Plaintiffs re-allege each and every allegation set forth in paragraphs
1 through 12.
14. A true and accurate copy of the ‘103 Patent is attached hereto as
Exhibit 2.
15. On information and belief, Mr. Roberson is the owner of the ‘103
Patent.
16. The ‘103 Patent claims the design as shown in the solid lines of the
figure below:
17. Mr. Roberson asserts that SCS’s “Single Tire Work Bench,” shown
below, infringes the ‘103 Patent.
CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 4 of 8
-
8/20/2019 Spray Control v. Roberson - Complaint
5/245
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
CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 5 of 8
-
8/20/2019 Spray Control v. Roberson - Complaint
6/246
in the SCS product. As another example, the patented design appears to have a
planer surface in the tool holding area, whereas the SCS design does not. Finally,
the patented design has a tool tray that extends out over the base, whereas the
SCS tray is entirely above the base.
21. Given the obvious differences between the patented design and the
accused infringing design, Plaintiff is entitled to a ruling that this case is an
exceptional case pursuant to 35 U.S.C. § 285, and may recover its costs and fees.
Count II: Invalidity the ‘103 Patent
22. Plaintiffs re-allege each and every allegation set forth in paragraphs
1 through 21.
23. The ‘103 Patent is invalid or unenforceable because, among other
things, the claimed design is anticipated or obvious in light of the prior art. See
35 U.S.C. §§ 102, 103.
24. For example, United States Patent 4,341,304 (the “’304 Patent”),
which is attached hereto as Exhibit 3, depicts a tool tray of the following design:
CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 6 of 8
-
8/20/2019 Spray Control v. Roberson - Complaint
7/247
25. The ‘304 Patent issued on July 27, 1982 and pre-dates the ‘103 Patent
by nearly 30 years.
26. For argument’s sake, if the SCS “Single Tire Work Bench” is found to
infringe the ‘103 Patent (which could only happen if the ‘103 Patent were
improperly construed), then the ‘103 Patent claims will be so broad as to
encompass the prior art, such as the ‘304 Patent. Under such a construction, the
‘103 Patent would be invalid n view of the prior art.
27. The ‘103 Patent also claims functional aspects, which invalidates the
design patent.
PRAYER FOR RELIEF
WHEREFORE, SCS prays for relief as follows:
1. That the Court adjudicate and declare that the ‘103 Patent is invalid;
CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 7 of 8
-
8/20/2019 Spray Control v. Roberson - Complaint
8/248
2. That the Court adjudicate and declare that Plaintiff does not infringe
the ‘103 Patent;
3. That this is an exceptional case, and award Plaintiff its costs and
fees;
4. Plaintiff be granted such other further relief as the Court may deem
just and proper.
Respectfully submitted,
Dated: February 10, 2016 GRAY, PLANT, MOOTY,MOOTY & BENNETT, P.A.
By: /s/Loren L. HansenLoren L. Hansen (MN No. 387812)
Richard C. Landon (MN No. 392306)500 IDS Center80 South Eighth StreetMinneapolis, Minnesota 55402-3796Telephone: (612) 632-3000Fax: (612) [email protected]@gpmlaw.com
ATTORNEYS FOR PLAINTIFF.
GP:4302726v1
CASE 0:16-cv-00326-JRT-TNL Document 1 Filed 02/10/16 Page 8 of 8
-
8/20/2019 Spray Control v. Roberson - Complaint
9/24
EXHIBIT 1
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 1 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
10/24
R . D A V I D BROWN, ESQ. 2900 WESTFORKD R. SUITE 4 0 1
BATONROUGE LA
70827
OFFICE:225.810.3322
FAX:
225.709.9435
Email: [email protected]
LAW
OFFICE
OF
R.
DAVID BROWN
February 2, 2016
CEASE AND DESIST DEMAND
Pursuant to Title
35
of the United States Code
James Richards
Minimizer
500 Minimizer Way SE
Blooming Prairie, MN 55917
Dear
Mr.
Richards:
This law
firm
represents Donald Roberson. If you are represented by legal counsel, please direct
this letter to your attorney immediately and have your attorney notify us
of
such representation.
We are writing to notify you that your unlawful copying
of
the Tire Table® (US Patent No. USD
625,103 S) infringes upon our client's exclusive patent. Accordingly, you are hereby directed to
CEASE AND DESIST ALL PATENT INFRINGEMENT.
Donald Roberson is the owner
of
a patent in various aspects
of
the Tire Table®. Under United
States patent law, Mr.Roberson's patent protection has been in effect since the date that the Tire
Table® was created and later patented on October 1 2 2010. All patentable aspects
of
the Tire
Table® are protected under United States patent law.
It has come to our attention that since, on or around June 1 2015, you have been copying the
Tire Table® and selling it for commercial gain. We have copies of your unlawful product to
preserve as evidence. Your actions constitute patent infringement in violation
of
United States
patent laws. Under 35 U.S.C. 271 et seq., and established law, the consequences
of
patent
infringement include damages or royalties and attorney's fees, etc.
If
you continue to engage in
the aforestated patent infringement after receiving this letter, your actions will be used as
evidence
of ''willful
infringement.
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 2 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
11/24
We demand that you immediately (A) cease and desist your unlawful production and sale of the
Minimizer Single Tire Work Bench and/or copying of the Tire Table® and (B) provide us with
prompt written assurance within seven (7) days that you will cease and desist from further
infringement
of Mr.
Roberson's patented works. (SEE ATTACHED)
If you do not comply with this cease and desist demand within this time period, Mr. Roberson is
entitled to use your failure to comply as evidence
of willful
infringement and seek monetary
damages and equitable relief for your patent infringement. Inthe event you fail to meet this
demand, please be advised that Donald Roberson has asked us to communicate to you that it will
contemplate pursuing all available legal remedies, including, but not limited to seeking monetary
damages, injunctive relief and an order that you pay court costs and attorney's fees. Your
liability and exposure under such legal action could be considerable.
Before taking these steps, however, my client wished to give you one opportunity to discontinue
your illegal conduct by complying with this demand within seven (7) days. Accordingly, please
contact me and return a signed copy of the attached
Patent Infringement Agreement
within seven
(7) days to:
R. David Brown
2900 Westfork Drive, Suite 40
I
Baton Rouge, LA 70827
Fax: 225.709.9435
Email: [email protected]
If you or your attorney(s) have any questions, please contact me directly.
Sincerely,
R. David Brown
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 3 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
12/24
EXHIBIT 2
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 4 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
13/24
(12) United States Design Patent
Roberson
U S O O D 6 2 5 1
03
S
(10)
Patent
No.:
(45)
Date of
Patent:
US D625,103 S
Oct. 12,2010
(54)
TIRE SUPPORTED TABLE
7,207,438 B2· 4/2007 Lieffring
et
aI 206/378
(76) Inventor:
Donald Roberson,
7511 Magnolia
Beach Rd., Dunham Springs, LA (US)
70726
(**) Term:
14
Years
(21) Appl, No.: 29/280 234
(22) Filed:
May
22,
2007
(51)
LOC 9) CI. 03-01
(52)
U.S. CI. D3/304
(58)
Field of Classification Search D3/304,
D3/307,309-310 312-313; 206/349,373,
206/557;
D8171
See application file for complete search history.
(56)
References Cited
U.S. PATENT DOCUMENTS
3,269,555 A
•
8/1966
Henderson ............... 211/86.0 I
4,309,009 A
•
1/1982
Mitchell
.....................
248/149
4,341,304 A •
7/1982
Diller
.........................
206/349
5,706,991
A
1/1998 Stewart
D424,806 S
5/2000 Dixon,
Sr.
6,109,435 A 8/2000
Failor
D481,282
S
•
10/2003
Kitchen
........................
D817l
cited by examiner
Primary
Examiner T.Chase Nelson
Assistant Examiner-Kathleen M Sims
74) Attorney,Agent, or
Firm BrianD. Bellamy
(57)
CLAIM
The ornamental design for a tire supported table, as shown.
DESCRIPTION
FIG. 1 is a front perspective view
of
a tire supported table
showing my new design;
FIG. 2 is a top plan view thereof;
FIG. 3 is a bottom plan view thereof;
FIG. 4 is a side elevational view thereof;
FIG. 5 is a side elevational view thereof;
FIG. 6 is a front elevational view thereof; and,
FIG. 7 is a rear elevational view thereof.
The broken line showing details of the base in FIG. 4 is
included for the purpose of showing environmental portions
of the tire supported table and forms no part of the claimed
design. The broken lines in FIG. 3 indicate the boundaries of
the claimed design, and the broken lines and areas within
these lines form no part
of
the claimed design.
Claim, 4 Drawing Sheets
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 5 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
14/24
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 6 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
15/24
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 7 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
16/24
u s
Patent
Oct. 12,2010
Sheet
3
of 4
US D625,103 S
l
I
I
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 8 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
17/24
U.S.
Patent
Oct. 12, 2010
Sheet 4 of 4
US D625,103 S
: F i a 6
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 9 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
18/24
EXHIBIT
3
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 10 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
19/24
United States
Patent
[19]
Diller
[11]
[45]
4,341,304
Jul 27, 1982
[54]
TOOL TRAY
[76] Inventor: Harold L. Diller 3980 Highland Dr.,
Mogadore, Ohio 44260
[21] Appl. No.: 196,006
[22] Filed: Oct. 10, 1980
[51]
Int. Cl.3
B65D 43/00; B65D 61/00
[52] U.S. Cl 206/349; 108/44;
206/557; 224/42.42; 296/37.1
[58] Field of Search
~ 206/557, 349;
224/42.42 R ; 296/37.1; 108/44
[56]
References Cited
U.S.
PATENT DOCUMENTS
2 670 260 2/1954 Watt 108/44 UX
2,897,974 8/1959 Cook 224/42.42 R
2 962 333 11/1960 Policastro 108/44
2,988,206 6/1961 Olson 224/42.42 R
3,048,457 8/1962 Haase 108/44
3,394,849 7/1968 Streeter 224/42.42 R
4,136,904 ,1/1979 Lauderdale 296/37.1
4 169 532 10/1979
Scapellate
2061557
Primary Examiner-William
T.
Dixson, Jr.
Attorney, Agent, or Firm-Oldham, Oldham, Hudak &
Weber Co.
[57]
A B S T R A C f
A tray for use by diesel truck mechanics, designed and
adapted for receipt and maintenance upon a tractor tire.
Fundamentally, the invention includes a base compris
ing a rectangular box which is open at the bottom.
Opposite ends of the base are each characterized by an
opening of decreasing width from the bottom of the
base upwardly, thus being adapted for receipt by vari
ous size tires with the crown of the tire being received
through the open bottom of the base. Mounted atop the
base is a tray which may be pivotally secured thereto.
9 Claims, 2 Drawing Figures
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 11 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
20/24
u.s.
Patent
Jul. 27, 1982
Sheet of 2
4,341,304
FIG.-I
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 12 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
21/24
u.s.
Patent
Jul 27, 1982
Sheet 2 of 2 4,341,304
40~
FIG.-2
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 13 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
22/24
1
4 341 304
2
TOOL TRAY
FIG. 1 is a perspective view of a first embodiment of
the tool tray assembly of the invention; and
FIG. 2 is a perspective view of a second embodiment
of the tool tray assembly of the invention.
ACKGROUND ART
The invention herein resides in the art of tool trays 5 BEST MODE FOR CARRYING OUT THE
and the like and, more particularly, to such a tray for INVENTION
use in the trucking industry. Presently, cab-over-engine Referring now to the drawing of FIG. 1 it can be
tractors have replaced the more conventional ones since seen that a tool tray made in accordance with the inven-
the former accommodates
a
larger trailer while staying
10
tion is designated generally by the numeral
10.
It willbe
within federal guidelines for overall length. As the understood as this description proceeds that the compo-
name implies, the engine and other mechanical systems nents of the tool tray 1 0 may be of high impact plastic,
of the cab-over-engine tractor is maintained beneath the sheet metal, or the like. The material for construction of
cab itself in a rather compact and densely populated the elements of the unit 1 0 need only be dictated by the
area. When a mechanic makes access to the eD;gine the 1 5 considerations of wear and durability. In any event, the
cab is lifted forward and there
is
generally little area tool tray 10 includes a base 1 2 which
is
generally of a
upon which the mechanic might place tools, parts, or rectangular box construction. The base
12
includes
repair equipment. Indeed, the engine itself is well en- front and back plates 1 4 preferably of equal size and
cumbered with related apparatus such that no flat areas side plates
16
again of equal size. A top 18 intercon-
are available for receipt of such elements. Should ele- 2 nects the plates 14 16 at the top thereof, while the bot-
ments be placed upon the engine block, they are often toms of the plates 14,16 lie within a plane defining an
lost, overlooked, or forgotten during the mechanic's open bottom for the rectangular base
12.
work efforts. Each of the front and back plates 14 are characterized
It has become common for cab-over-engine mechan- by an opening 20 therein. The openings 20 are of de-
ics to utilize one of the front or steering tires of the
2 5
creasing width from the bottom of the plate
1 4
to the
tractor as a tray of sorts to receive tools, parts, and the top of the opening, such top of the opening falling be-
like during servicing operations. These elements are neath the top
1 8
of the base 12. Preferably, the width of
placed at the top or crown of the tire, but with the tire the opening 20 decreases in increments or steps as
being typically of a circular nature; there is only a small shown, and the bottom of the opening 20 communicates
area than can receive such elements without having the 3 with and comprises a portion of the open bottom of the
same roll or fall therefrom. Similarly, the crown of the base 12.
tire
is
too unstable to receive a tool tray and, in ma~y The incremental changes in width of the opening 20
situations,
if
the tool tray is merely set on the floor, Its or the steps thereof, are defined by support edges
accessibility to the mechanic is severely limited. 22 24 26 as shown in the drawing. Vertical edges
22a 2-
5 4o 26a
orthogonally join the respective support edges
22 24 26. As will be discussed hereinafter, the separation
In light of the foregoing, it
is
an object ofan aspect of between the vertical edges 22a would accommodate
the instant invention to provide a tool tray which may one width of tire, while the separation between the
be received by a tractor tire and supported on either vertical edges 240 would accommodate a narrower
side of the crown thereof.
40
width of tire, while the separation between the vertical
Yet another object of an aspect of the invention
is
to edges
200
would accommodate yet a final width of tire.
provide a tool tray which may be received on
a
flat As further shown in the drawing, the tool tray assem-
surface such as a floor or workbench, as well as being bly
1 0
includes a tray 28 shown as a unitary open tray
received upon a tire. having
a
lip or raised side about a bottom
30. It
will be
A further object of an aspect of the invention
is
to 4 5 understood that the tray
28
could be compartmentalized
provide a tool tray which is rotatably and selectively by dividers extending between the lips if desired. A
positionable. spindle
32
passes through registered openings
in
the
An additional object of an aspect of the invention
is
to bottom
30
and top
18
with appropriate heads on each
provide a tool tray which
is
adapted to be received by side of the spindle to allow the tray
28
to rotate upon
tires of various
sizes.
50 the top
18.
As illustrated, the spindle 32 may include a
Yet another object of an aspect of the invention
is
to knob or handle at the top thereof to facilitate handling.
provide a tool tray which
is
reliable and durable in Such rotation allows for optimum positioning of tools,
operation while being constructed utilizing state-of-the- test equipment, parts, and the like, which might be re-
art techniques and components. ceived by the tool tray assembly 10.
The foregoing and other objects of the invention 5 5 It should now be appreciated that the tool tray of the
which will become apparent as the detailed description invention may, with the plates 14,16 having the bottoms
proceeds are achieved by a tool tray assembly, compris- thereof in coplanar relationship, be received and main-
ing: a base having a top interconnecting front and back tained upon a floor, workbench, or the like. In such
plates at opposite ends thereof, said front and back case, the tray 28 rotatable upon the top 1 8 of the base
plates having aligned openings therein, said base being 60
12
allows optimum accessibility by the user to the tools,
open at the bottom thereof; and a tray maintained upon parts, equipment, and the like maintained thereby. Ad-
said top. ditionally, the openings 20 in the plates 1 4 are adapted
for being received upon a tractor tire with the crown of
the tire being received through the open bottom of the
base 12 with appropriate support edges 22 24 26 being
received on the tire edges on a cord passing hrough the
tire circumference. For example,
a
tire having an
11 00
tread width might receive the support edges
22
with the
DISCLOSURE OF INVENTION
BRIEF DESCRIPTION OF DRAWING
For
a
complete
understanding'
of the objects, tech- 6 5
niques and structure of the invention, reference should
be had to the following detailed description and accom
panying drawing wherein:
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 14 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
23/24
3
4,341,304
vertical edges 220 of each of the plates 1 4 passing along
the vertical side edges of the tread. Similarly, for. a
tractor tire having a width of 10.00 the tray might be
received on the support edges 24 with the vertical edges
24a coming down along the sides of the tire tread. Fi- S
nally, a tire having a tread width of 9.00 might receive
the assembly
1 0
on the support edge 26 with the vertical
edges
200
coming down alongside the tire tread.
It
will be understood that the tray assembly 1 0
is
preferably positioned with the high point of the crown
10
of the tire at the center of the assembly with the appro
priate support edges of the plates
1 4
being equally
spaced on opposite sides of such crown. It will further
be understood that the support edges 22,24,26 provide 15
for vertical support, while the vertical edges
220,2-
4a 26a provide for lateral or horizontal support against
the tire edge. Finally, with the plates
1 4
being made of
plastic or sheet metal having
a
thickness on the order of
approximately 0.010 inch, the support edges 22,24,26
20
will readily be received in very secure engagement by
the treads on the tires.
Utilizing the structure of the invention, tools, test
equipment, parts, and the like may be kept readily at
hand at one centralized location while a mechanic per-
2 5
forms operations on the cab-over-engine truck. The
opening 20 in the plates
1 4
may be characterized by any
number of steps or increments of width change, depen
dent upon the standard tire widths in the industry.
With reference now to FIG.
2
a second tool tray 30
embodiment of the invention
is
designated by the nu
meral
40.
Again, a base 1 2 is provided having an open
bottom and registered openings in the front and back
plates 14. These openings
42
are of an arcuate nature,
being widest at the open bottom of the base
1 2
as
35
shown. The edges of the openings 42 are characterized
by teeth or serrations
44
for making biting securing
engagement with the truck tire, the arcuate openings 42
being of such contour as to accommodate the various 40
sizes of tires as earlier discussed. Of course, the arcuate
nature of the openings 42 are capable of being received
by any size of tire not exceeding the width of the bot
toms of such openings, the edges of the openings 42
making securing engagement with the edges of the tire.
4S
As further shown in FIG.
2
the tray 46 may substan
tially overhang the base
1 2
to receive a large quantity of
tools, parts, and the like. The tray 46 is again rotatable
about a spindle 48 and is further characterized by a hole
50 therein for receiving a hook for storage of the assem-
50
bly 40 on a wall, post, or other vertical surface.
4
Thus, it can be seen that the objects of the invention
have been satisfied with the structures presented herein
above. While in accordance with the patent statutes
only the best modes and preferred embodiments of the
invention has been presented and described in detail, it
is to be understood that the invention is not limited
thereto or thereby. Consequently, for an appreciation of
the true scope and breadth of the invention, reference
should be had to the following claims.
What is claimed is:
1. A tool tray assembly, comprising:
a base having top interconnecting front and back
plates at opposite ends thereof, said front and back
plates having aligned openings therein and said
base being open at the bottom thereof;
a tray maintained upon said top; and
wherein said aligned openings decrease in width
in
crementally in steps from the bottoms of said open
ings to the tops thereof.
2. The tool tray assembly according to claim 2
wherein said aligned openings in said front and back
plates extend upwardly from bottom edges of said front
and back plates, said bottom edges defining the bottom
of said base.
3.
The tool tray assembly according to claim
2
wherein said aligned openings are arcuate.
4. The tool tray assembly according to claim 1 which
further includes a pair of side plates interconnecting
said front and back plates at opposite edges thereof, and
further being connected to said top.
5.
The tool tray assembly according to claim
1
wherein said tray is pivotally mounted to said top.
6 . The tool tray assembly according to claim
5
wherein said tray has a raised lip about the periphery
thereof.
7.
Apparatus for receiving tools and the like, compris
ing:
a base comprising a rectangular box of rigid sheet
material and being open at the bottom thereof;
a tray pivotally maintained on top of said base; and
wherein a pair of opposed ends of said rectangular
box have openings therein, said openings extending
from said bottom of said box upwardly toward said
top of said box, and being of decreasing width from
said bottom toward said top, said openings having
serrated edges.
8. The apparatus as recited in claim 7 wherein the
width of said openings decreases incrementally.
9. The apparatus as recited in claim 7 wherein said
openings are arcuate.
55
6
65
CASE 0:16-cv-00326-JRT-TNL Document 1-1 Filed 02/10/16 Page 15 of 15
-
8/20/2019 Spray Control v. Roberson - Complaint
24/24
JS 44 (Rev. 12/12) CIVIL COVER SHEETe c v cover s eet an t e n ormat on conta ne ere n ne t er rep ace nor supp ement t e ng an serv ce o p ea ngs or ot er papers as requ re y aw, except as
provided by local rules of court. This form, appr oved by the Judicial Conference of the United States in September 1974, is r equired for the use of the Clerk of Court for the purpose of ini tiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS pray ontro ystems, nc. ona o erson
(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) NOTE: IN LAND CON DEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)Loren L. Hansen / Richard C. LandonGray Plant Mooty Mooty & Bennett, P.A.500 IDS Center, 80 South Eighth StreetMinneapolis, MN 55402(612) 632-3000
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. Gove rnme nt 3 Fed era l Ques tion PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
o us ness n s tate
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5Defendant (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)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 6 25 Dru g R elated Seizu re 4 22 App eal 2 8 USC 1 58 3 75 False C laims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
1 50 R ecov er y o f Overp ay ment 3 20 Assault, Lib el & Pharmaceutical PROPERTYRIGHTS 450 Commerce
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 470 Racketeer Influenced and
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit
( Exclude s Ve te ran s) 345 Mar ine P roduct Liab ilit y LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Overpayment Liability PERSONAL PROPERTY 7 10 Fair Lab or Stan dard s 8 61 HIA ( 13 95 ff ) 8 50 Secur ities/Co mm od ities/of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
1 60 Sto ck ho ld er s’ Suits 3 55 Motor Veh icle 3 71 Tru th in Len ding 7 20 Lab or /Man ag ement 8 63 DIWC /DIW W ( 40 5( g) ) 8 90 Oth er Statu to ry Actio ns
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts
1 95 C on tr ac t P rodu ct Li ab ili ty 360 Ot he r P er so nal P rope rt y Da ma ge 74 0 R ai lwa y La bor Ac t 86 5 R SI ( 40 5( g) ) 8 93 En vir on men ta l M at te rs
196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information362 Personal Injury - Product Liability Leave Act Act
Medical Malprac ice 790 Other Labor Litigation 896 Arbitration
R EAL P ROP ER TY CI VI L RI GHTS P RI SO NE R PE TITI ONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: I ncom e Secur ity Act 8 70 Tax es ( U.S. Plain tiff Act/R ev iew o r App eal o f
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 950 Constitutionality of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes
2 45 T or t P rodu ct Li abi li ty A cc omm oda tion s 5 30 Ge ne ra l
290 All Other Real Property 445 Amer. w/Disabilities 535 Death Penalty IMMIGRATION
Employment Other: atura zat on pp cat on-446 Amer. w/Disabilities 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Edu cat io n 5 55 P ri son C ond it ion
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)Transferred fromAnother District(specify)
1 OriginalProceeding
2 Removed fromState Court
3 Remanded fromAppellate Court
4 Reinstated or Reopened
5 6 MultidistrictLitigation
VI. CAUSE OF
ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite j uri sdictional statutes unless diversity ):28 U.S.C. Section 2201, et seq.; 35 U.S.C. Section 1, et seq.
Brief description of cause:
Declaratory Judgment of non-infringement and invalidity of U.S. Patent No. D625,103
VII. REQUESTED IN
COMPLAINT:CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: Yes No
VIII. RELATED CASE(S)
IF ANY (See instructions): JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
02/10/2016 s/ Loren L. Hansen
FOROFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
CASE 0:16-cv-00326-JRT-TNL Document 1-2 Filed 02/10/16 Page 1 of 1