Linne Industries v. Outdoor Water Solutions - Complaint

Case 1:16-cv-00423-UNA Document 1 Filed 06/07/16 Page 1 of 6 PageID #: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE
LINNE INDUSTRIES LLC
Plaintiff,
v.
OUTDOOR WATER SOLUTIONS, INC.
Defendant.
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Civil Action No. ________________

JURY TRIAL DEMANDED
COMPLAINT
Plaintiff Linne Industries LLC (Linne), by and through its undersigned counsel, files
this Complaint against Defendant Outdoor Water Solutions, Inc., and alleges as follows:
NATURE OF THE ACTION
1.
This is a civil action arising under the laws of the United States, specifically for
patent infringement arising under the Patent Laws of the United States, Title 35 of the United
States Code, 1 et seq.
THE PARTIES
2.
Plaintiff Linne is a Delaware limited liability company, having a service address
at Delaware Entity Services LLC, 1013 Centre Road, Suite 403S, Wilmington, Delaware 19805.
3.
Upon information and belief, defendant Outdoor Water Solutions, Inc. is an
Arkansas corporation, having a principal place of business at 2300 South Old Missouri Road,
Springdale, Arkansas 72764.
JURISDICTION AND VENUE
4.
This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
1331-32 and 1338(a).
5.
This Court has personal jurisdiction over the Defendant at least because
Defendant has substantial, continuing, and on-going contacts with the State of Delaware and this
judicial district. Defendant has and continues to sell the products at issue in this case into the
State of Delaware and this judicial district.
6.
Venue is proper in this judicial district pursuant to Title 28, U.S.C. 1391(b)-(d)
and 1400(b) in that acts of patent infringement occurred in this judicial district.
FACTS
7.
Plaintiff Linne is an industry leader in the field of solar powered water aeration
systems.
8.
On March 28, 2014, Craig Burton and Sandra Burton (the inventors) filed U.S.
Patent Application No. 14/228,864 (the 864 application). On March 27, 2014, the inventors
assigned their interest in the 864 application to Linne, and the assignment was recorded in the
United States Patent and Trademark Office (PTO) on March 28, 2014 at Reel 32552,
beginning at frame 0456.
9.
On March 22, 2016, U.S. Patent No. 9,290,398 (the 398 patent) was issued by
the PTO based on the 864 application. A copy of the 398 patent is attached hereto as Exhibit A
and is incorporated by reference as if fully set forth herein.
10.
The 398 patent is valid and enforceable. The term of the 398 patent will expire
on or about October 11, 2034.

11.
The 398 patent discloses and claims solar powered water aeration systems that
feature one or more solar panels mounted at or near the top of a pole and an encasement mounted
at or near the top of the pole. The encasement is adapted for holding an air pump or source of
compressed air and has at least one air permeable wall. A conduit for pumped air is connected at
one end to the air pump or source of compressed air and at the opposite end to a diffuser that is
immersed into water. The conduit is passed through a channel defined by the pole.
12.
Plaintiff Linne is the assignee of all right, title, and interest in and to the 398
patent and possesses all rights of recovery under the 398 patent, including the right to sue for
infringement, recourse for damages, and to seek injunctive relief.
13.
Upon information and belief, for all times relevant to this Complaint, Defendant
has been making, using, selling, or offering to sell products covered by one or more of the claims
of the 398 patent and continue to do so to this day. By way of example, these products include,
but are not limited to, the AerMaster DD Solar Aerator series (Initially Accused Products). A
copy of an AerMaster DD Solar Aerator brochure is attached hereto as Exhibit B.
14.
Various versions of the Initially Accused Products were discovered for sale on
Amazon.com on June 3, 2016, with shipping available to addresses in this venue. See Exhibits C
and D.
15.
On information and belief, Defendant knew or should have known that the
Initially Accused Products would be and are placed into the stream of U.S. commerce and
actively offered for sale or sold to residents in the State of Delaware.
16.
The Initially Accused Products entered into the stream of U.S. commerce by the
Defendant and offered for sale or sold to residents in the State of Delaware do not have any
substantial non-infringing uses.
COUNT I
INFRINGEMENT OF THE 398 PATENT
17.
Plaintiff realleges and incorporates by reference paragraphs 1 through 17 of this
Complaint as though fully set forth herein.

18.
The claims of the 398 patent are presumed valid pursuant to 35 U.S.C. 282.
3
19.
Upon information and belief, Defendant has been and is currently infringing one
or more claims of the 398 patent, either literally or under the doctrine of equivalents, by making,
causing to be made, using, offering to sell, selling, or importing into the United States, without
license or authority, at least the Initially Accused Products, which are covered by one or more of
the claims of the 398 patent, including at least claims 1 and 10. Upon information and belief,
the Initially Accused Products include a water aeration system having a mounting pole with an
inner channel substantially along its length, with the bottom end of the pole adapted for insertion
into a ground or a footing; an encasement mounted at or near the top end of the mounting pole
with at least one air permeable wall; an air pump within the encasement; a conduit for air
pumped into the conduit by the air pump connected at one end to the air pump and at its opposite
end adapted to connect to at least one diffuser, wherein the conduit has a portion of its length
positioned within the channel of the mounting pole and a portion of its length immersible in the
water in which the diffuser is immersed, and wherein no portion of the length of the conduit is
above ground or out of water except for the portion(s) positioned within the channel of the
mounting pole or inside the encasement; and a solar panel joined to the mounting pole at or near
the top end of the mounting pole, wherein the solar panel generates power that may be converted
to current for driving the air pump.
20.
As a result of Defendants infringement of the 398 patent, Plaintiff Linne has
been damaged to an extent not yet determined.

21.
Plaintiff Linne is entitled to monetary damages adequate to compensate it for
infringement by Defendant of the 398 patent, together with interest and costs.
JURY DEMAND
Plaintiff hereby demands a jury trial on all issues appropriately triable by jury.
PRAYER FOR RELIEF

WHEREFORE, Plaintiff Linne Industries LLC prays for judgment in its favor and
against defendant Outdoor Water Solutions, Inc. for the following:
(a)
A judgment that Defendant has infringed the 398 patent;
(b)
An award to Plaintiff Linne of damages that are adequate to fully compensate it
for Defendants infringement of the 398 patent, together with prejudgment interests and costs;
(c)
An accounting and payment by Defendant to Plaintiff Linne of all profits realized
by Defendant during the period beginning from the issuance of the 398 patent up to the
expiration of the term of the 398 patent from the unlawful acts complained of herein pursuant to
35 U.S.C. 289;
(d)
A permanent injunction enjoining Defendant and those in active concert or
participation therewith from infringing the 398 patent;

(e)
A finding that this case is exceptional and award Plaintiff Linne its costs,
reasonable attorneys fees, and expenses incurred in this action;

(f)
An accounting for damages from the infringement of the 398 patent by
Defendant (and those in privity with Defendant), including but not limited to those sales not
presented at trial and an award by the Court for any such sales; and
(g)
An award of such other and further relief, at law or in equity, as the Court may
deem just and proper.
Dated: June 7, 2016
PANITCH SCHWARZE BELISARIO & NADEL, LLP

By:/s/ Patricia S. Rogowski
Patricia Smink Rogowski (Bar No. 2632)
Wells Fargo Tower
2200 Concord Pike, Suite 201
Wilmington, DE 19803
Telephone: (302) 394-6030
progowski@panitchlaw.com
Attorney for Plaintiff Linne Industries LLC
Case 1:16-cv-00423-UNA Document 1-1 Filed 06/07/16 Page 1 of 10 PageID #: 7
EXHIBIT A
EXHIBIT B
AerMaster
DD Solar
Aerators
Outdoor Water Solutions has introduced a

new line of affordable, quiet, high efficiency solar aerators.
Available with and without accessories and in multiple
configurations, we offer several different options to meet your
aeration needs, all with Direct Drive (DD) Technology.
Unique Features:
Each single compressor system comes with 2
high efficiency solar panels that allow you to aerate for
more hours each day.
Battery Free operation. We have eliminated
the expense of rechargeable batteries and
charge controllers by offering a direct drive
(DD) aeration system. This reduces your cost
along with the maintenance issues associated
with a lot of extra components.
Each system includes 2 panels with
aluminum mounting brackets and adjustable
pole bracket with variable angle configuration,
compressor(s), an OWS DD solar controller module,
heavy duty steel cabinet with locks, mounting pole,
solar power disconnect switch, cooling fans, pressure
gauge and a pressure relief valve.
Each DD solar aerator can be operated by itself and
totally independent of other aeration systems or it
can be combined with a windmill aeration system to
give you a longer operating time each day. It can also
be combined with an electric aerator or windmill and
electric aerator combo.
System can also be combined with an Outdoor Water
Solutions Pond Aerator Control Box that will turn on
your electric aerators if the sun isnt shining allowing
you to use the power of the sun when its available to
save you money.
Warranty: 5 years panels, airline and diffusers. 2 year
warranty on all components and compressors.
Lifetime cabinet warranty
AerMaster DD
Solar Aerators
Technical Specifications
Solar Panels & Mounting Hardware
Polycrystalline 120W Solar Panels.
Solar modules are designed specifically for use in OFF GRID applications.
Pre-cut, pre-drilled mounting frames to connect 2 panels in parallel.
High quality adjustable angle mounting bracket with powder coat finish.
Includes quick cable disconnects to make assembly much easier.
Includes a 5 Galvanized steel mounting pole with instructions.
DD Solar 2
DD Solar 3
Tubing & Diffusers

High quality weighted airline that sinks to the bottom of your pond.
Low psi rubber membrane diffusers with stainless steel hardware.
Compressors
Outdoor Water Solutions DD DC solar compressor rated at 2.8 CFM.
Aerates ponds up to 15 deep with its vertical piston design.
DD Solar 5
Aeration Cabinet
Powder coated aluminum cabinet with secure locking system.
Cabinet includes either 1 or 2 high efficiency DC fans.
Mounting feet and a post mount kit included.
Solar disconnect provided for safety purposes when working on the unit.
System includes a pressure gauge and high quality Pressure Relief Valve.
Models Available:
System Components - Direct Drive Solar
Aerators
Item #
Recommended Pond Size
DC DD Solar Compressor rated at 2.8 CFM
AC RP Compressor rated at 3.25 CFM
Powder Coated Steel Cabinet
Cooling Fans with Guards
# of Valves & 14" Airline
Polycrystalline Solar Panels
Alum frame with Adjustable Mount
Galvanized Mounting Pole
Pressure Relief Valve
Liquid Filled Pressue Gauge
Rolls of 100' of Weighted Airline
Double Disc Diuser
DD Solar 1 DD Solar 2
DD Solar 3
DD Solar 4
SOL0350
SOL0351
Up to 3/4A Up to 3/4A
1
1
0
0
1
1
1
1
1
1
2
2
1
1
1
1
1
1
0
1
0
1
0
1
SOL0352
Up to 1.5A
1
0
1
1
2
2
1
1
1
1
2
2
SOL0353
Up to 1.5A
1
0
1
1
2
2
1
1
1
1
0
0
SOL0354
Up to 3A
2
0
1
2
4
2
1
1
2
2
4
4
SOL0355
Up to 3A
2
0
1
2
4
2
1
1
2
2
0
0
Combo
Combo
SOL0347 SOL0374
Up to 1.5A Up to 2A
1
1
1
1
1
1
2
2
1
2
2
2
1
1
1
1
2
2
1
1
1
2
1
2
Outdoor Water Solutions, Inc. 2300 S. Old Missouri Road, Springdale, AR 72764
Phone: 1-866-471-1614 - Fax: 1-479-750-9178
www.OutdoorWaterSolutions.com
EXHIBIT C
Amazon.com: outdoor water solutions aermaster DD
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Outdoor Water Solutions SOL0352

AerMaster Aerator DD Solar 3
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Battery Free, Direct Drive Technology
200' Weighted Airline and 2 Dual Disc Diffusers
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Technical Details
Item Dimensions
36 x 40 x 58 inches
Model Number
SOL0352
UNSPSC Code
21100000
Product Description
This is a great way to add much needed oxygen to your pond or lake. Each AerMaster DD Solar Aerator is a quiet,
high efficiency aeration system designed to aerate ponds and lakes from the bottom up, getting rid of stratification
and changing the water from anaerobic to aerobic which is a much better ecosystem. Our AerMaster solar aerators
offer battery free operation which means less upkeep and maintenance by eliminating the batteries and charge
controllers and giving you a direct drive (DD) aeration system. This system includes a high efficiency solar panel
designed for OFF GRID applications, pre-cut, pre-drilled aluminum mounting frames, adjustable mounting bracket,
quick cable disconnects, 5' galvanized mounting pole, 1 DD DC compressor rated at 2.8 CFM, a powder coated steel
cabinet with secure locks, a cooling fan with guards, 1 pressure relief valve, 1 liquid filled pressure gauge, 200' of
weighted airline and 2 double disc diffusers. The AerMaster DD Solar 3 can be operated as a stand alone system or
integrated into a windmill aeration or electric aeration system. 5 year warranty on the solar panels and 2 year
Product Information
Product Dimensions
58 x 40 x 36 inches
Item Weight
251 pounds
Shipping Weight
291 pounds (View shipping rates

and policies)
Manufacturer
ASIN
B016BDWKE8
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Origin
China
Item model number
SOL0352
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JS 44 (Rev. 11/15)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
LINNE INDUSTRIES LLC
OUTDOOR WATER SOLUTIONS, INC.
New Castle County, DE
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:
(c) Attorneys (Firm Name, Address, and Telephone Number)
Washington County, AR
(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
Patricia Smink Rogowski, Panitch Schwarze Belisario & Nadel, LLP

Wells Fargo Tower, 2200 Concord Pike, Suite 201, Wilmington, DE
19803, Telephone: (302) 394-6030
II. BASIS OF JURISDICTION (Place an X in One Box Only)

u 1
U.S. Government
Plaintiff
u 3
Federal Question
(U.S. Government Not a Party)
u 2
U.S. Government
Defendant
u 4
Diversity
(Indicate Citizenship of Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
u 1
DEF
u 1
and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
u 4
u 4
of Business In This State
Citizen of Another State
u 2
Incorporated and Principal Place

of Business In Another State
u 5
u 5
Citizen or Subject of a
Foreign Country
u 3
Foreign Nation
u 6
u 6
IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
u
u
u
u
u
u
u
u
u
u
u
u
TORTS
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
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
u
u
u
u
u
u
u
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
FORFEITURE/PENALTY
PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
u 463 Alien Detainee
u 510 Motions to Vacate
Sentence
u 530 General
u 535 Death Penalty
Other:
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement
u 625 Drug Related Seizure

of Property 21 USC 881
u 690 Other
BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 840 Trademark
LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Management
Relations
u 740 Railway Labor Act
u 751 Family and Medical
Leave Act
u 790 Other Labor Litigation
u 791 Employee Retirement
Income Security Act
u
u
u
u
u
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

u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRSThird Party
26 USC 7609
IMMIGRATION
u 462 Naturalization Application
u 465 Other Immigration
Actions
OTHER STATUTES
u 375 False Claims Act
u 376 Qui Tam (31 USC
3729(a))
u 400 State Reapportionment
u 410 Antitrust
u 430 Banks and Banking
u 450 Commerce
u 460 Deportation
u 470 Racketeer Influenced and
Corrupt Organizations
u 480 Consumer Credit
u 490 Cable/Sat TV
u 850 Securities/Commodities/
Exchange
u 890 Other Statutory Actions
u 891 Agricultural Acts
u 893 Environmental Matters
u 895 Freedom of Information
Act
u 896 Arbitration
u 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
u 950 Constitutionality of
State Statutes
V. ORIGIN (Place an X in One Box Only)

u 1 Original
Proceeding
u 2 Removed from
State Court
u 3
Remanded from
Appellate Court
u 4 Reinstated or
Reopened
u 5 Transferred from
Another District
(specify)
u 6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271
VI. CAUSE OF ACTION Brief description of cause:

Patent Infringement
u CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE
CHECK YES only if demanded in complaint:

u Yes
u No
JURY DEMAND:
DEMAND $
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
/s/ Patricia S. Rogowski
06/07/2016
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
JS 44 Reverse (Rev. 11/15)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Linne Industries v. Outdoor Water Solutions - Complaint

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Linne Industries v. Outdoor Water Solutions - Complaint

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Case 1:16-cv-00423-UNA Document 1 Filed 06/07/16 Page 1 of 6 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

Civil Action No. ________________

Plaintiff Linne is a Delaware limited liability company, having a service address

Upon information and belief, defendant Outdoor Water Solutions, Inc. is an

1331-32 and 1338(a).

Case 1:16-cv-00423-UNA Document 1 Filed 06/07/16 Page 2 of 6 PageID #: 2

on or about October 11, 2034.

Case 1:16-cv-00423-UNA Document 1 Filed 06/07/16 Page 3 of 6 PageID #: 3

Plaintiff realleges and incorporates by reference paragraphs 1 through 17 of this

Complaint as though fully set forth herein.

Case 1:16-cv-00423-UNA Document 1 Filed 06/07/16 Page 4 of 6 PageID #: 4

As a result of Defendants infringement of the 398 patent, Plaintiff Linne has

been damaged to an extent not yet determined.

Plaintiff Linne is entitled to monetary damages adequate to compensate it for

Case 1:16-cv-00423-UNA Document 1 Filed 06/07/16 Page 5 of 6 PageID #: 5

PRAYER FOR RELIEF

A judgment that Defendant has infringed the 398 patent;

An award to Plaintiff Linne of damages that are adequate to fully compensate it

An accounting and payment by Defendant to Plaintiff Linne of all profits realized

A permanent injunction enjoining Defendant and those in active concert or

participation therewith from infringing the 398 patent;

reasonable attorneys fees, and expenses incurred in this action;

An accounting for damages from the infringement of the 398 patent by

deem just and proper.

Case 1:16-cv-00423-UNA Document 1 Filed 06/07/16 Page 6 of 6 PageID #: 6

Dated: June 7, 2016

PANITCH SCHWARZE BELISARIO & NADEL, LLP

Case 1:16-cv-00423-UNA Document 1-1 Filed 06/07/16 Page 1 of 10 PageID #: 7

Case 1:16-cv-00423-UNA Document 1-1 Filed 06/07/16 Page 2 of 10 PageID #: 8

Case 1:16-cv-00423-UNA Document 1-1 Filed 06/07/16 Page 3 of 10 PageID #: 9

Case 1:16-cv-00423-UNA Document 1-1 Filed 06/07/16 Page 4 of 10 PageID #: 10

Case 1:16-cv-00423-UNA Document 1-1 Filed 06/07/16 Page 5 of 10 PageID #: 11

Case 1:16-cv-00423-UNA Document 1-1 Filed 06/07/16 Page 6 of 10 PageID #: 12

Case 1:16-cv-00423-UNA Document 1-1 Filed 06/07/16 Page 7 of 10 PageID #: 13

Case 1:16-cv-00423-UNA Document 1-1 Filed 06/07/16 Page 8 of 10 PageID #: 14

Case 1:16-cv-00423-UNA Document 1-1 Filed 06/07/16 Page 9 of 10 PageID #: 15

Case 1:16-cv-00423-UNA Document 1-1 Filed 06/07/16 Page 10 of 10 PageID #: 16

Case 1:16-cv-00423-UNA Document 1-2 Filed 06/07/16 Page 1 of 3 PageID #: 17

Case 1:16-cv-00423-UNA Document 1-2 Filed 06/07/16 Page 2 of 3 PageID #: 18

Outdoor Water Solutions has introduced a

Case 1:16-cv-00423-UNA Document 1-2 Filed 06/07/16 Page 3 of 3 PageID #: 19

Tubing & Diffusers

Case 1:16-cv-00423-UNA Document 1-3 Filed 06/07/16 Page 1 of 5 PageID #: 20

Amazon.com: outdoor water solutions aermaster DD

Case 1:16-cv-00423-UNA Document 1-3 Filed 06/07/16 Page 2 of 5 PageID #: 21

outdoor water solutions aermaster DD

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