Kevin M. Hayes, OSB No. 01280 Email: kevin.hayes@klarquist.com Stephen J. Joncus, OSB #01307 Email: stephen.joncus@klarquist.

com KLARQUIST SPARKMAN, LLP One World Trade Center, Suite 1600 121 S.W. Salmon Street Portland, Oregon 97204-2988 Telephone: 503-595-5300 Facsimile: 503-228-9446

Counsel for Plaintiff S.R. SMITH, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

S.R. SMITH, LLC a Delaware Limited Liability Company, Plaintiff, v.

Civil No. 3:___________ COMPLAINT FOR PATENT INFRINGEMENT

JURY TRIAL DEMANDED PENTAIR, INC. d/b/a PARAGON AQUATICS a Minnesota Corporation, Defendant.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff S.R. SMITH, LLC (S.R. Smith), through its attorneys, complains of Defendant PENTAIR, INC. doing business as PARAGON ACQUATICS (Paragon) and alleges as follows, upon knowledge with respect to itself and its own acts, and upon information and belief as to all other matters: ASSERTED PATENT 1. This is a patent infringement case involving U.S. Patent No. 8,033,077 (which

issued October 11, 2011 and is assigned to S.R. Smith and is a continuation of the application that matured into U.S. Patent Nos. 7,543,415 issued June 9, 2009). A copy of U.S. Patent No. 8,033,077 is attached as Exhibit 1. PARTIES 2. Plaintiff is a Delaware limited liability company organized and existing under the

laws of the State of Delaware having its principal place of business in Oregon at 1017 SW Berg Parkway, Canby, Oregon 97013. Plaintiff is located and does business within this judicial district. 3. Paragon Aquatic is a division of Defendant Pentair Inc., which is incorporated in

Minnesota with a place of business at 5500 Wayzata Boulevard, Suite 800, Golden Valley, Minnesota. 4. Defendant is doing business in this judicial district. For example, Lincoln

Equipment, Inc., has a sales office in Portland, Oregon, and offers for sale the Paragon device at issue in this matter (the Quickset Dual-Wedge anchor) in Oregon.

COMPLAINT FOR PATENT INFRINGEMENT Page 1

JURISDICTION 5. This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C.

1331 and 1338. Personal jurisdiction is proper because Defendant sells the infringing device in Oregon. S.R. SMITHS PRODUCTS & PATENTS 5. S.R. Smith is a Canby, Oregon-based company that manufactures and sells all types

of pool equipment all over the United States, including in Oregon where it is based. 6. Of note in this case, S.R. Smith offers starting platforms for swim racing. The

starting platform is an obviously key portion of equipment in a swimming race. Swimmers and swimming facilities desire equipment that reduces movement of the platform and providers of starting platforms endeavor to provide systems that reduce the movement of the platform. 7. S.R. Smith developed a system involving a specially designed anchor assembly that

can be attached to the pool deck into which a mounting post of the starting platform fits. The assembly anchors the platform in place and reduces movement of the platform. The anchor assembly uses a moveable wedge portion to urge against the starting platform mounting post and hold it in place. 8. S.R. Smiths system is unique and that allowed it to obtain two patents with claims

to its system titled Starting Platform Wedge Anchor Assembly. In that regard, S.R. Smith owns U.S. Patent No. 7,543,415 titled Starting Platform Wedge Anchor Assembly (which issued June 9, 2009) and 8,033,077 titled Starting Platform Wedge Anchor Assembly (which issued October 11, 2011) that issued from a continuing application of the application that matured into U.S. Patent No. 7,543,415.

COMPLAINT FOR PATENT INFRINGEMENT Page 2

COUNT I (Infringement of U.S. Patent No. 7,543,415) 9. Paragon now also offers a wedge design for a starting platform anchor that it sells

with its starting platforms and calls QUICKSET Dual-Wedge Anchor. 10. Images of Paragons product from its catalog are shown below:

11.

As is apparent, Paragons wedge assembly includes a clamp member to secure the

starting platform to a base having an internal cavity that can receive a portion of the mounting post of the starting platform where the clamp member has a portion between the base and the mounting post that corresponds to the internal cavity and to the mounting post. A portion of the clamp member in Paragons device also has a longitudinal slot to receive a clamp second portion that includes an adjustment device and a biasing element including a wedge portion to urge a clamping

COMPLAINT FOR PATENT INFRINGEMENT Page 3

force to frictionally secure the mounting post to the base. In view of this, Paragons device is encompassed by at least claim 1 of S.R. Smiths Patent No. 8,033,077. 12. Paragon infringes S.R. Smiths Patent No. 8,033,077 by making, using, offering

for sale, and/or selling in the United States, products embodying the patented invention of the 8,033,077 patent, under 35 U.S.C. 271(a). 13. S.R. Smith will suffer irreparable damage due to the infringing acts of Paragon,

unless Paragon is enjoined by this Court from infringing the 8,033,077 patent.

PRAYER FOR RELIEF WHEREFORE, Plaintiff S.R. Smith prays for the following relief: (1) A judicial determination that Paragon has infringed the 8,033,077 patent pursuant

to 35 U.S.C. 271; (2) A permanent injunction enjoining Paragon, its agents, officers, assigns and others

acting in concert with Paragon from: infringing the 8,033,077 patent; (3) An award of damages, reflecting an accounting of damages, to compensate S.R.

Smith for the acts complained of herein; (4) awarded; and (5) Such other and further relief as the Court deems just. An award of pre-judgment interest and post-judgment interest on the damages

COMPLAINT FOR PATENT INFRINGEMENT Page 4

DEMAND FOR JURY TRIAL S.R. Smith hereby makes demand for a trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedure and Local Rule 38.1(b) as to all issues herein so triable.

Respectfully submitted,

Dated: August 24, 2012

s/ Kevin M. Hayes Kevin M. Hayes, OSB No. 01280 kevin.hayes@klarquist.com Stephen J. Joncus, OSB No. 01307 stephen.joncus@klarquist.com KLARQUIST SPARKMAN, LLP One World Trade Center, Suite 1600 121 S.W. Salmon Street Portland, Oregon 97204-2988 Telephone: 503-595-5300 Facsimile: 503-228-9446 Counsel for Plaintiff S.R. SMITH, LLC

COMPLAINT FOR PATENT INFRINGEMENT Page 5