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McDERMOTT WILL & EMERY LLP DANIEL R. FOSTER (Bar No. 179753) dfoster@mwe.com MANDY H. KIM (Bar No. 267513) mhkim@mwe.com 4 Park Plaza, Suite 1700 Irvine, CA 92614-2559 Telephone: +1 949 851 0633 Facsimile: +1 949 851 9348 Attorneys for Plaintiff ZODIAC POOL SYSTEMS, INC. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ZODIAC POOL SYSTEMS, INC., a Delaware corporation, Plaintiff, v. CUSTOM MOLDED PRODUCTS, INC., a Georgia corporation, Defendant. CASE NO. '13 CV1741 AJB RBB COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

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Plaintiff Zodiac Pool Systems, Inc., a Delaware corporation (Zodiac), hereby brings this complaint for patent infringement against Defendant Custom Molded Products, Inc. (CMP), a Georgia corporation, and alleges as follows: PARTIES 1. Plaintiff Zodiac is a Delaware corporation with its principal place of

business at 2620 Commerce Way, Vista, California 92081. 2. On information and belief, Defendant CMP is a Georgia corporation

with its principal place of business at 36 Herring Road, Newnan, Georgia 30265. 3. On information and belief, CMP conducts its business throughout the

United States and in this judicial district by offering for sale and selling swimming
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pool and spa products, including but not limited to the CleanPro TailFlow. JURISDICTION AND VENUE 4. This civil action is for patent infringement arising under the patent

laws of the United States, as provided for under Title 35, United States Code 271 and 289. 5. This Court has subject matter jurisdiction over this lawsuit pursuant to

28 U.S.C. 1331 and 1338. 6. Venue is proper in this judicial district under the provisions of 28

U.S.C. 1391(b) and (c). 7. This Court has personal jurisdiction over CMP because CMP, through

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its advertising and sales to customers located in California and in this judicial district, is present in this judicial district, transacts business in this judicial district, and has committed and continues to commit acts of patent infringement in this judicial district upon which the claims asserted in this lawsuit are based. GENERAL ALLEGATIONS 8. Zodiac is engaged in the business of designing, innovating, and

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manufacturing automatic swimming pool cleaners and related pool accessories. Zodiac distributes these products in this judicial district, in the state of California, and throughout the United States. 9. Among the related pool accessories designed, manufactured, marketed,

and sold by Zodiac is the Polaris TailSweep Pro. 10. Zodiac owns by assignment all right, title and interest in, and has

standing to sue for infringement of, United States Patent No. D657,027 (the 027 patent), entitled Fluid Flow Deflector. The 027 patent was duly issued on April 03, 2012 by the United States Patent and Trademark Office. A copy of the 027 patent is attached as Exhibit A. 11. Zodiac owns by assignment all right, title and interest in, and has

standing to sue for infringement of, United States Patent No. D665,481 (the 481
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patent), entitled Fluid Flow Deflector. The 481 patent was duly issued on August 14, 2012 by the United States Patent and Trademark Office. A copy of the 481 patent is attached as Exhibit B. 12. Zodiac owns by assignment all right, title and interest in, and has

standing to sue for infringement of, United States Patent No. D654,989 (the 989 patent), entitled Fluid Flow Deflector. The 989 patent was duly issued on February 28, 2012 by the United States Patent and Trademark Office. A copy of the 989 patent is attached as Exhibit C. 13. Zodiac owns by assignment all right, title and interest in, and has

standing to sue for infringement of, United States Patent No. D654,988 (the 988 patent), entitled Fluid Flow Deflector. The 988 patent was duly issued on February 28, 2012 by the United States Patent and Trademark Office. A copy of the 988 patent is attached as Exhibit D. 14. CMP is engaged in the business of manufacturing pool accessories,

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and markets and distributes its products in this judicial district, in the state of California, and throughout the United States through certain channels, such as CMPs website, found at www.c-m-p.com. 15. CMP has recently commenced marketing and advertising, for purposes

of distributing and selling, a pool accessory under the name CleanPro TailFlow. 16. Upon information and belief, the CleanPro TailFlow is sold under

product 25563-300-100. 17. Upon information and belief, CMP manufactures the CleanPro

TailFlow in the People's Republic of China, or causes such manufacture, and imports the same into the United States. 18. CMP distributes advertising and promotional materials regarding its

CleanPro TailFlow and other pool related accessories in the regular course of business to existing and potential customers in this judicial district, in the state of California, and in interstate commerce.
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19.

CMP has transacted and is doing business within this judicial district

by continuously directing advertising and sales of its CleanPro TailFlow to existing and potential customers who reside in this judicial district. COUNT 1 PATENT INFRINGEMENT OF D657,027 20. Zodiac incorporates by reference the allegations of Paragraphs 1

through 19 as if fully set forth herein. 21. CMP, without authority or consent from Zodiac, has been and

continues to directly infringe the claim of United States Patent No. D657,027, by manufacturing, distributing, offering to sell, selling, and/or causing to be imported for sale in the United States CMPs CleanPro TailFlow, which misappropriates or colorably imitates the design covered by the claims in U.S. Patent No. D657,027. 22. Upon information and belief, the ordinary observer would find CMPs

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CleanPro TailFlow at least substantially similar, if not identical, in appearance to designs depicted in the United States Patent No. D657,027. 23. Past, present, and future commercial usage by CMPs CleanPro

TailFlow, as complained of herein, constitutes infringement of United States Patent No. D657,027, under the United States patent laws. 24. By reason of the above actions, Zodiac has suffered and will continue

to suffer irreparable injury to its rights and suffer substantial loss of goodwill and reputation unless and until CMP is restrained from continuing its wrongful acts, and Zodiac has no adequate remedy at law. 25. By reason of the above actions, Zodiac has suffered monetary damages

in an amount to be determined at trial. 26. By reason of the above actions, Zodiac is entitled to the full range of

relief under the provisions of 35 U.S.C. 271, 283-285, 289, et seq; 27. On information and belief, CMPs infringement of Zodiacs United

States Patent No. D657,027 has been willful, deliberate and intentional.
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28.

By reason of the above actions, this infringement action is an

exceptional case under 35 U.S.C. 285, and as such Zodiac is entitled to an award of reasonable attorneys fees. COUNT 2 PATENT INFRINGEMENT OF D665,481 29. Zodiac incorporates by reference the allegations of Paragraphs 1

through 19 as if fully set forth herein. 30. CMP, without authority or consent from Zodiac, has been and

continues to directly infringe the claim of United States Patent No. D665,481 by manufacturing, distributing, offering to sell, selling, and/or causing to be imported for sale in the United States CMPs CleanPro TailFlow, which misappropriates or colorably imitates the design covered by the claims in U.S. Patent No. D665,481. 31. Upon information and belief, the ordinary observer would find CMPs

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CleanPro TailFlow at least substantially similar, if not identical, in appearance to designs depicted in the United States Patent No. D665,481. 32. Past, present, and future commercial usage by CMPs CleanPro

TailFlow, as complained of herein, constitutes infringement of United States Patent No. D665,481, under the United States patent laws. 33. By reason of the above actions, Zodiac has suffered and will continue

to suffer irreparable injury to its rights and suffer substantial loss of goodwill and reputation unless and until CMP is restrained from continuing its wrongful acts, and Zodiac has no adequate remedy at law. 34. By reason of the above actions, Zodiac has suffered monetary damages

in an amount to be determined at trial. 35. By reason of the above actions, Zodiac is entitled to the full range of

relief under the provisions of 35 U.S.C. 271, 283-285, 289, et seq; 36. On information and belief, CMPs infringement of Zodiacs United

States Patent No. D665,481 has been willful, deliberate and intentional.
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37.

By reason of the above actions, this infringement action is an

exceptional case under 35 U.S.C. 285, and as such Zodiac is entitled to an award of reasonable attorneys fees. COUNT 3 DESIGN PATENT INFRINGEMENT OF D654,989 38. Zodiac incorporates by reference the allegations of Paragraphs 1

through 19 as if fully set forth herein. 39. CMP, without authority or consent from Zodiac, has been and

continues to directly infringe the claim of United States Patent No. D654,989 by manufacturing, distributing, offering to sell, selling, and/or causing to be imported for sale in the United States CMPs CleanPro TailFlow, which misappropriates or colorably imitates the design covered by the claims in U.S. Patent No. D654,989. 40. Upon information and belief, the ordinary observer would find CMPs

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CleanPro TailFlow at least substantially similar, if not identical, in appearance to designs depicted in the United States Patent No. D654,989. 41. Past, present, and future commercial usage by CMPs CleanPro

TailFlow, as complained of herein, constitutes infringement of United States Patent No. D654, under the United States patent laws. 42. By reason of the above actions, Zodiac has suffered and will continue

to suffer irreparable injury to its rights and suffer substantial loss of goodwill and reputation unless and until CMP is restrained from continuing its wrongful acts, and Zodiac has no adequate remedy at law. 43. By reason of the above actions, Zodiac has suffered monetary damages

in an amount to be determined at trial. 44. By reason of the above actions, Zodiac is entitled to the full range of

relief under the provisions of 35 U.S.C. 271, 283-285, 289, et seq; 45. On information and belief, CMPs infringement of Zodiacs United

States Patent No. D654,989 has been willful, deliberate and intentional.
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46.

By reason of the above actions, this infringement action is an

exceptional case under 35 U.S.C. 285, and as such Zodiac is entitled to an award of reasonable attorneys fees. COUNT 4 PATENT INFRINGEMENT OF D654,988 47. Zodiac incorporates by reference the allegations of Paragraphs 1

through 19 as if fully set forth herein. 48. CMP, without authority or consent from Zodiac, has been and

continues to directly infringe the claim of United States Patent No. D654,988 by manufacturing, distributing, offering to sell, selling, and/or causing to be imported for sale in the United States CMPs CleanPro TailFlow, which misappropriates or colorably imitates the design covered by the claims in U.S. Patent No. D654,988. 49. Upon information and belief, the ordinary observer would find CMPs

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CleanPro TailFlow at least substantially similar, if not identical, in appearance to designs depicted in the United States Patent No. D654,988. 50. Past, present, and future commercial usage by CMPs CleanPro

TailFlow, as complained of herein, constitutes infringement of United States Patent No. D654,988, under the United States patent laws. 51. By reason of the above actions, Zodiac has suffered and will continue

to suffer irreparable injury to its rights and suffer substantial loss of goodwill and reputation unless and until CMP is restrained from continuing its wrongful acts, and Zodiac has no adequate remedy at law. 52. By reason of the above actions, Zodiac has suffered monetary damages

in an amount to be determined at trial. 53. By reason of the above actions, Zodiac is entitled to the full range of

relief under the provisions of 35 U.S.C. 271, 283-285, 289, et seq; 54. On information and belief, CMPs infringement of Zodiacs United

States Patent No. D654,988 has been willful, deliberate and intentional.
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55.

By reason of the above actions, this infringement action is an

exceptional case under 35 U.S.C. 285, and as such Zodiac is entitled to an award of reasonable attorneys fees. PRAYER FOR RELIEF WHEREFORE, Zodiac respectfully requests the following relief: A. That CMP be adjudged to have infringed Zodiacs United States Patent

Nos. D657,027, D665,481, D654,989 and D654,988, in violation of 35 U.S.C. 271, et seq; B. That CMP be adjudged to have infringed Zodiacs United States Patent

Nos. D657,027, D665,481, D654,989 and D654,988, in violation of 35 U.S.C. 289, et seq; C. An award of treble damages against CMP due to its deliberate and

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willful patent infringement of United States Patent Nos. D657,027, D665,481, D654,989 and D654,988, pursuant to 35. U.S.C. 284; D. Preliminary and permanent injunctions pursuant to 35 U.S.C. 283,

prohibiting CMP, its officers, directors, agents, principals, divisions, representatives, servants, employees, associates, subsidiaries, affiliates, attorneys, successors and assigns, and all persons acting by, through, under or in active concert or in participation with or controlled, either directly or indirectly, by any of them, from further infringing United States Patent Nos. D657,027, D665,481, D654,989 and D654,988 patents, during the remaining terms thereof; E. An order from this Court requiring CMP to file with the Court and

serve on Zodiac within thirty (30) days after entry of the Injunction, a report in writing under oath setting forth in detail the manner and form in which Defendant has complied with the Injunction; F. An accounting for all profits derived by CMP and its subsidiaries and

affiliates from their unlawful acts;

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G.

An order impounding and destroying all of CMPs products that

infringe United States Patent Nos. D657,027, D665,481, D654,989 and D654,988 patents. H. An award of such monetary remedies in an amount sufficient to

compensate Zodiac for losses it has sustained as a consequence of CMPs unlawful acts, included but not limited to pre-judgment and post-judgment interest; I. That the Court declare this to be an exceptional case and award Zodiac

its full costs and reasonable attorneys fees pursuant to 35 U.S.C. 285; and J. For any such further relief as the Court may deem just and appropriate. JURY DEMAND Zodiac hereby demands a jury trial pursuant to Rule 38(b) of the Federal Rules of Civil Procedure.

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DM_US 43836053-1.084586.0118

Dated: July 25, 2013

McDERMOTT WILL & EMERY LLP DANIEL R. FOSTER MANDY H. KIM

By: /s/ Daniel R. Foster DANIEL R. FOSTER Attorneys for Plaintiff, Zodiac Pool Systems, Inc.

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