Christopher S. Marchese, (SBN 170239), marchese@fr.

com
2 Michael M. Rosen (SBN 230964), rosen@fr.com
FISH & RICHARDSON P.C.
3 555 West Fifth Street, 31 st Floor
Los Angeles, CA 90013
4 Telephone: (213) 533-4240
Facsimile: (858) 678-5099
5
6 Attorneys for Plaintiff CH
2
0, INC.,
7
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UNITED STATES DISTRICT COURT

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9
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CHzO, INC.,
11
12
13
v.
-,
FOR THE CENTRAL DISTRICT OF CALIFORNIA
Plaintiff,
COMPLAINT FOR PATENT
INFRINGEMENT
14 MERAS ENGINEERING, INC.,
JURY DEMAND
15
Defendant.
16
17
18
19
20
21
22
23
24
25
26
27
28
-:-!t
,-
i"Ti
dl
CH:!.O, INC.'S COMPLAINT FOR PATENT INFRINGEMENT
2 For its complaint against Defendant Meras Engineering, Inc. ("Meras" or
3 "Defendant"), Plaintiff CH
2
0, Inc. ("Plaintiff' or "CH
2
0"), by its attorneys, alleges
4 as follows:
5 NATURE OF ACTION
6 1. This is an action for patent infringement under 35 U.S.C. 271, et seq.,
7 by Plaintiff against Defendant for infringement of United States Patent No.
8 6,767,470.
9 PARTIES
10 2. Plaintiff CH
2
0 is a corporation organized under the laws of the state of
11 Washington with a principal place of business at 8820 Old Highway 99 SE,
12 Olympia, Washington 98501.
13 3. Upon information and belief, Defendant Meras is a corporation
14 organized under the laws of California with a principal place of business at 601 Van
15 Ness Avenue, Suite E3-725, San Francisco, California 94102-3200, and also doing
16 business at 2401 East Orangeburg Avenue, #675, Modesto, California 95355.
17 JURISDICTION AND VENUE
18 4. This is an action for patent infringement arising under the patent laws
19 of the United States, 35 U.S.C. 271, et seq.
20 5. This Court has subject matter jurisdiction over this action under 28
21 U.S.C. 1331 and 1338.
22 6. Upon information and belief, this Court has personal jurisdiction over
23 Defendant because Defendant has transacted business in this judicial district and is
24 committing acts of infringement in this judicial district. In particular, Meras
25 provides services to one or more customers, including Houweling's Nurseries d/b/a
26 Houweling's Tomatoes ("Houweling's") at Houweling's facility in this judicial
27 district, such services constituting an infringement of one or more claims of
28 Plaintiff s patent. Thus, upon information and e l i e t ~ all or a substantial part of the
events glVlng nse to these claims for patent infringement, including acts of
2 infringement, are occurring in this judicial district.
3 7. Upon information and belief, venue for this civil action in this judicial
4 district is proper under 28 U.S.C. 1391(b), 1391(c), and 1400(b), as Defendant
5 has committed acts of infringement in this district.
6 FACTUAL BACKGROUND
7
8. CH
2
0 provides treatment products for water storage and delivery. The
8 company was formed in 1977 by a select group of chemists and engineers with the
9 goal of providing the most environmentally beneficial and technologically advanced
10 water treatment programs, products, and services. Among other offerings, CH
2
0
11 provides technical support customized for each client's water distribution
12 system/tanks and needs,. including for the elimination or control of biological
13 fouling and mineral deposits. CH
2
0 has developed innovative methods and
14 technologies that allow customers to conserve water in safe and environmentally-
15 friendly ways.
16 9. In recognition of one such innovation, on July 27, 2004, the United
17 States Patent and Trademark Office duly and legally issued to CH
2
0 U.S. Patent No.
18 6,767,470 ("the '470 patent"), entitled "Method for Cleaning and Maintaining Water
19 Delivery Systems." The listed inventors are Carl E. Iverson of Olympia,
20 Washington, and Scott P. Ager of Tumwater, Washington. CHzO is the owner by
21 assignment of the '470 patent, a true and correct copy of which is attached to this
22 Complaint as Exhibit A.
23 10. Defendant Meras is a provider of water treatment solutions whose
24 customers, until recently, did not include any hydroponic growers. In approximately
25 June 2012, Meras hired an employee of CH
2
0 to expand Meras's business and to
26 service existing customers. Upon infonuation and belief, Meras now provides
27 technical support and products to clients, one such client being Houweling's, which
28 is a greenhouse grower of tomatoes in Camarillo, Califomia. Houweling's prides
2
itself on its efficient and environmentally-friendly use and reuse of water in growing
2 its tomatoes. Until recently, Houweling's was a client of CH
2
0. CH
2
0 provided
3 Houweling's with technical support and services and products necessary to develop
4 a sophisticated water distribution system that allowed Houweling's to achieve high
5 levels of water recirculation while reducing bacteria levels and inhibiting and/or
6 removing mineral deposits. The technical support and products Meras provides to
7 Houweling's constitute infringement of the '470 patent.
8 COUNT I: INFRINGEMENT OF U.S. PATENT NO. 6,767,470
9 11. CH
2
0 incorporates by reference paragraphs 1-10 as if fully set forth
10 herein.
II 12. Upon information and belief, Defendant has infringed and continues to
12 infringe one or more claims of the ' 470 patent, including at least claim 1, under
13 35 U.S.C. 271(a), (b), and/or (c), including but not limited to by making, using,
14 offering for sale, and/or selling the patented methods without the authority ofCH
2
0,
15 and/or by contributing to and/or inducing such infringement of the' 4 70 patent.
16 13. Additionally, upon information and belief, Defendant Meras, through
17 service and other means, has knowingly encouraged and induced Houweling's to
18 operate a water treatment system and methods that infringe the '470 patent, and
19 specifically intended its customer, Houweling's, to infringe the '470 patent and
20 knew that Houweling's acts constituted infringement.
21 14. Upon information and belief, Defendant Meras, through service and
22 other means, has contributed to Houweling's infringement by providing components
23 for use in practicing the patented methods of the '470 patent which constitute a
24 material part of the invention, and which are especially adapted for use in
25 infringement of the patented methods, and which are not a staple article or
26 commodity of commerce suitable for substantial non-infringing use.
27 15. Defendant does not have a license or permission to use the '470 patent.
28
3
16. Upon information and belief, Defendant has been aware of the
2 existence of the '470 patent. Defendant also has notice of the '470 patent and its
3
infringing conduct as a consequence of this Complaint.
4
17. As a result of Defendant's infringement of the '470 patent, CH
2
0 has
5 been irreparably injured. Unless such infringing acts are enjoined by this Court,
6 CHzO will continue to suffer additional irreparable injury.
7 18. As a result of Defendant's infringement of the '470 patent, CH
2
0 has
8 suffered, and continues to suffer, damages, in an amount not yet determined, of at
9 least a reasonable royalty and/or lost profits due to loss of sales, profits, and
10 potential sales that CH
2
0 would have made but for Defendant's infringing acts.
II 19. Upon information and belief, despite knowledge of the '470 patent,
12 Defendant will continue to infringe this patent with reckless disregard of the' 470
13 patent, by continuing to infringe the patent when it knew or should have known that
14 its actions constituted infringement of one or more claims of the '470 patent. Upon
15 information and belief, Defendant has acted and/or is continuing to act despite an
16 objectively high likelihood that its actions constituted direct and/or indirect
17 infringement of a valid patent.
18 PRAYER FOR RELIEF
19 WHEREFORE, CH
2
0 respectfully requests the following relief:
20 a) a declaration that Meras infringes the '470 patent under 35 U.S.C.
21 271(a), (b), and/or (c) and a final judgment incorporating the same;
22 b) equitable relief under 35 U.S.c.. 283, including, but not limited to, an
23 injunction that enjoins Meras and its officers, agents, employees, assigns,
24 representatives, privies, successors, and those acting in concert or participation with
25 Meras from infringing, contributing to, andlor inducing infringement of the '470
26 patent;
27 c)
an accounting of all sales or other disposition by Meras of infringing
28 systems and methods;
4
d) an award of damages sufficient to compensate CH
2
0 for infringement
2 of the '470 patent by Meras, together with prejudgment and post-judgment interest
3 and costs under 35 U.S.C. 284;
4
e) entry of an order compelling Meras to compensate CH
2
0 for any
5 ongoing and/or future infringement of the' 470 patent, in an amount and under terms
6 appropriate under the circumstances, including an accounting for acts of
7 infringement not presented at trial and an award by the Court of additional damage
8 for any such acts of infringement;
9
f) a declaration or order finding that Meras's infringement 1S willful
10 and/or an order increasing damages under 35 U.S.c. 284;
11
g) a judgment holding that this is an exceptional case under 35 U.S.C.
12 285 and awarding CH
2
0 its reasonable attorney fees, costs, and expenses; and
13
h) such other relief deemed just and proper.
14 JURY DEMAND
15 Under Rule 38 of the Federal Rules of Civil Procedure, CH
2
0 hereby
16 demands trial by jury of all issues in this action so triable.
17
18 Dated: November 14,2013
19
20
21
22
23
24
25
26
27
28
FISH & RICHARDSON P.C.
By: /1)7"\ .11/7-
Michael M. Rosen
rosen@fr.com
Attorneys for Plaintiff, CH
2
0, INC.,
5
(12) United States Patent
Iverson et al.
(54) METHOD FOR CLEANING AND
MAINTAINING WATER DELlVf;RY
SYSTEMS
(75) Inventors: Carl K Iverson, Olympia, WA (US);
Scott P. Ager, Thmwater, WA (US)
(73) Assignee: CHzO Incorporated, Olympia, WA
(US)
("*) Notice: Subject to any (be term ofthi:;
patent is exteoded or adjusted under 35
U.S.C. 154(b) by 97 days.
(21) App!. No.: 09/921,843
(22)
(65)
Aug. 3, 2001
Prior Publication Data
(60)
US 200210014463 Al Feb. 7, 2002
Related U.S. Application Data
Provisional applicaliolJ No. 60/223,215, filed on Aug. 4,
2000, and provisionuJ application No. 60/280,447, ('iled on
Mar. 29. 2001.
(51) Int. CI.' ...... . ........................ C02F 1/76
(52) U.S. CI ....................... 210/699; 2101701; 210/755;
2101704; 252/181; 422/37; 424/661
(58) Field of Search ................................. 210/698-701,
(56)
210/754, 755, 704; 252/180, 181; 422115,
19,37,17; 424/661
References Cited
U.S. PArENT DOCUMENTS
4,.568,463 A .. 2/1986 Klein .... , .. ... "" 210/607
30
j
I
IIII
USOO6767470B2
(10) Patent No.: US 6,767,470 B2
Ju1.27,2004 (45) Date of Patent:
4,693,832 A
4,913,822 A '"
5,314,629 A
5,324,477 A
5,424,032 A
6,096,226 A +
6,345,632 Bl ..
6,350,410 TIl ..
'" cited by examiner
9/1987 HUrst ." .................... ., 210/156
4/1990 Chen et al ................. 210/699
5/1994 Griese et at ............... 210nS4
6/1994 Schroeder el al. ............ 422137
6/1995 Christensen et al. " ........ 422/14
8/1000 Fuchs el al. .... 210(759
2/2002 Ludwig d al. 134/22.11
2/2002 Iverson et al. ............... 422/29
Primary Examiner-Peter A Hruskoci
(74) Attorney, Agent, or Firm---Delbert J. Barnard
(57) ABSTRACT
A sodium chlorite solution is admixed with II second solu-
tion containing an acid to make a reacted mixture. The
reacted mixture is introduced into a water system, viz. a
conduit in which water flows or a lank containing water.lbe
reacted mixture is added to tbe water system to inhibit aoci/or
eliminate bacterial fouling in the system, andlor inhibiting
and/or removing mineral deposits from [be system, aoci/or
for reducing or eliminating microorganisms from the sys-
tem. The second component is acidic enough to convert the
sodium chlorite into chlorine dioxide whiJe remaining unaf-
fected in the rtlacted mixture and at the same tilDe being a
mineral anti.<;calant. Optimum conversion of the sodium
chlorite component into active chlorine dioxide requires at
Jeast several minutes reaction time and, preferably, the usc
of a suitable cataly:-;l, such as sodium molybdate.
6 Claims, 1 Drawing Sheet
?f
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Exhibit A
Page 6
u.s. Patent
1
6
30
t
I tJ
Jul. 27, 2004
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Exhibit A
Page 7
US 6,767,470 B2
14
/U
us 6,767,470 B2
1
METHOD FOR CLFANING AND
MAINTAINING WA'n:R DELIVERY
SYS11iMS
RELAJ'ED APPLlCAllONS
This application claims priority to provisional application
Ser. No. 60/223,215, filed Aug. 4, 2000, and 10 provisional
application Ser. No. 60/280,447, filed Mar. 29. 2001.
TECHNICAL HELD
2
biocide, chlorine dioxide. By way of typical aod therefore
nOll limitive example, the catalyst may he sodium
date.
Other advantages and features of the invention
will become apparent from Ihc description of the best mode
set forth below, from the drawing, from Ibe claims and from
tbe principles that are embodied in the specific structures,
compositions and methoo steps that have been illustrated
aod described.
'Ibis invention relates [0 a method aod composition for
cleaning and maintaining water storage andlor distributioo
systems. More particulnrly. it relates to thf;: use of !l rcactt:d
mixture of a sodium chlorite solution and a second solution
containing an acid for inhibiting and/or removing bacterial 15
fouling anlor inhibiting amI/or removing mineral deposits,
,md/or eliminating microorganisms from water storage and!
BRIEf DESCRWl'ION OF 'mE SEVERAL
VIEWS OF THE DRAWING
The dTHwing is a flow diagram of a water dLstribution
system and equipment for preparing the composition of the
invention and introducing it into tbe water system.
DETAILED DESCRIPTION OF THE
INVENTION
or distribution system/').
BACKGROUND OF THB INVENTION
Water is stored in reservoirs and tanks and is delivered by
conduits to places where tbe water is used. Waler I'Itorage and
delivery systems often become fouled andlor obstructed by
mineral scale deposits and/(>f biological growths amI/or
Irrigation system,,, used in the agrit.'Ultural industry
can experience fouling that is so severe that water flow is
reduced to a level where valuable crops receive insufficient
watering and perish from dehydration.
There is a need for compounds tbal can be added to water
storage and delivery systems for eliminating the mineral and
biological substances that cause the obstruction!; and com-
prise the systems. A principal object of fhi::> invention is to
provide such a composition and a method of its use for
cleaning and m.lintaining wa((:r delivery systems, including
tanks, reservoirs and conduits..
There is also a need for ao easily achieved on-site
metering and mixing of the components of the composition
and an easily acbieved introduction of the composition into
the water delivcry system. Another object of- the prescnt
invention is to fulfill this need.
BRIEF SUMMARY OF THE INVENTION
A basic aspect of tbe present invention is to "dmi;.: a
sodium cblorilC solution with <l second wlution containing
an acid to make a reacted mixture. Apredeterruined amount
of this reacted mixture i<; tben introduced into water in a
water distribution system,
According to an aspect of the invention, the reacted
mixture is introduced into a water system to inhibit and/or
eliminate bacterial fouling in Ihe system. Another aspect of
Ihe invention is to introduce the activated mixture into to the
water for inhibiting and/or removing mincral deposit..<; from
the system. Yet ,mother aspcct of the invention is to
duce the activated mixture into the water for eliminating
microorganisms from the system.
According to yet aoother aspect of the invention, the
second component is acid enough to convert the sodium
cblorite into chlori.ne dioxide while remaining uoaJIeeted in
the reacted mixture aud at the same time being a mineraJ
antiscalant. The second solution may be fanned by adding
PBTC and sodium molybdate di-hydrulC and water. The
second compound may be a mixture of mineral acids alld an
anliscalant polymer. The antiscalant polymer may be
acrylic acid or a polymeric compound.
According 10 an aspect of the invention, a catalyst is used
to enhance conversion of the sodium chlorite into an aClive
The drawing shows, by way of example, a portion of an
irrigation system that includes a flow meter 10 in a conduit
12, e.g. an irrigation pipe. 'Ine flow meter 10 measures the
flow io tbe conduit' 12 nnd generates an electrical control
signal that is proportional to the flow. The electrical signal
25 may be electrical pulses that arc sent to a pulse divider 14
which generales electrical control sigoals that are sent to
controllers for two chemical feed pumps 16, 18. The elec-
trical signal::; from pulse divider 14 may he electrical pul<;es
which control the pumps 16, 18 for proportionally pumping
the two components that are mixed. Preferably, the pumps
16,18 arc positive displacement pumps that includt: pistons,
The coolrol signals control the movement of the pistons.
Each pumping stroke sends a predetermined volume of
chemical into a condui! 20, 22 leading from II pump 16, 18
35 to II reaction chamber 24, Pump 16 pumps a fir!>t solution Or
component from ils storage tank 26 to tbe reactillO chamber
24. Pump 18 pumps a second soiUliou ur component fn)m its
storage tank 28 to the reaction chamber 24. 'I'lle two
lions are precursor dmmicals are Allowed to intermingle
40 or react for the period of lime, e.g. ten or more minutes, in
the reaction chamber 24. Tbe reacted mixture is removed
through the lOP of the reaction chamber 24 and is delivered
by a conduit 30 into the water conduit 12, inlo admixture
with water thai is tlowing through the conduit 12. The
45 admixture of the reacted solution ill the wnter subMantially
instantly dilutes tbe reacted mixture 10 a desired working
concentrlltion for distribution by conduit 12 throughout the
water system.
By way of cxample, the flow sensor may be a Module
50 IPl15 hot-tap insertion flow sensor, manufactured by Sea
Metrics. Inc., having a business address oC 20419 8(1"
Ave's., Kent, 98032. The pulse divider may be a model
PDIO pulse divider, also manufactured by Sea Metrics, Inc.
lbc pumps may be model pumps manufactured
55 by LMI Milton Roy, having a blL<;iness address of 8 Post
Office Square, Acton Mass. 01.720. The reactiun chamber 24
may be ao off the shelf item. It may be whal is known as a
column Ihat is made from schedule 80PVC pipe,
measuring two inches in diameter, and twelve inches long,
1)0 with end caps and tuhing fittings..
'Ine pumps 16, 18 force the reactants into the bOllom of
the reactioll chamber or column. TIle pressure of the pumps
16, 18 forces the reac(cu mixture up out of the top of the
reaction chamber 24, foUowing between ten to twenty
65 minutes admixing timt: of the reactants in the reaction
chamber 24. 'Ine pumps 16, 18 arc 1.6 gallon per bour
capacity pumps.
Exhibit A
Page 8
US 6,767,470 B2
3
The following are some examples that arc submitted tor
the purpose of making i! easier 10 understand the invention.
EXAMPLE 1
4
a catalyst such as, but not limited 10, sodium molybdate in
the PBTC component prior \0 admixing it WiTh the sodium
chlorite componenl.
According to lin aspect of the invention, the generation
and delivery of antiscalant, anlimicrobial mixture is easily
achievt:d by mt.:tering the individual comp()[Jent
solutions ioto the reaction vessel 24, either by positive
pumping or by vacuum eduction, find introducing the
ant reaction mixture into [he water stream or volume. In
A solution containing 17.5% Wl/wt of PHTC, 0.1 % wt/wt
sodium molybdate- (Na
z
Mo0
4
:2H.P) in water
was added 10 an equal yolwne of 7.5% wt/Wt sodium
chlorite (NaCI0
2
) in WaLer. Afler allowing thl,: mixture to
react for ten minutes, small aliquots were added to a liter of
stirred irrigation WaLer froID a berry farm until the chlorine
dioxide level reached 0.5 parts per milljon. After fifteen
minutes, samples were taken for enumeration of bacteria on
aerobic plate count agar. Approximately a 10,000 fold
reuuclion in baclt:ria was !lchicvcd based on Ihe initial
bacterh\l content of the untreated irrigation water. Waler
samples treated with only the PDTC solution showed no
decrease in bacterial coun\.<;.
10 some installations, the reaclion mixture may be introduc<:d
into a body of water in a tank as opposed [0 flowing water
in a conduit.
EXAMPLE 2
The process of generating rmd delivering the reaction
mixture may be. conducted intennittently by use of timer
15 c(lntrolled chemical feed pumps, or can be conducted
continuously, by flow controlled pumping or eduction. Opti-
mum conversion of Ihe sodiuw chlorite compound into
active chlorine dioxide requires at lca.'1t scveral minutc:;; of
reaction time and, prefcrably, the use of a suitable catalyst,
20 such as sodium molybdate. Accordingly, the reaction or
mixing chamber 24 should be of a suitable volume 1.0 allow
the two solutions or compont:nts to co-mingle and react tor
the dc.",ired lengtb of time before exiling the reaction
An irrigation system at It California vineyard carrying
1500 gallons per minute of water was trealed with tbe
chemical composition in Example 1 resulting in a final
concentration of 0.2 ppm chlorine dioxide and 0.8 ppm
PBTC. After several days, the bacterial counts increased due 25
to dil>persion and tlil>lodging of established biofilms in the
system. However, within a week of continuous treatment,
the bacterial counts decreased fold from Ihe initial level
ber 24, inlo the conduit 12 or a water tank.
The ilhlstrated embodiment is only a single example of
Ihc present invention and, Iherefore, is non-limitive. 11 is to
be understood that many changes io the particular structure,
materials and features of the invention may be made without
of approximately 1000 organh:;ms per ml to les:-i than 10.
EXAMPLE 3

A sample of irrigalion water heavily contaminated with
iron related bacteria (IRB), a major source of
waS treated with Ihe solution of Example 1 to achieve a
chlorine dioxide residual of 0.25 ppm. After a fifteen minUie
contact time, the treated water was analyzed for JRB using
the BART (Blological Activity Reaction Test) test kit sold by
Droycon BiocooceplS, Inc., Regina, Saskatchewan, Canada.
All traces of IRB were eliminated vs. the control unlroaled
water, whicb contained an estimated IRB level or 1,000 per 40
m!.
limited by the particular embodimenl thai is illustrated and
described hereiD, but rather is to be detennined by the
follo .. ving claims, interpreted according to IIcceptcd
trines of claim interpretation, including use of the doctriue
.,5 of
Doe of the reacted mixture may be sodium chlorite. Under
acidic conditions this compound spontaneously forms
rine dioxide, a powerful antimicrobial. Salts of hypochlorite 45
or chlorine gas may be used in place of the sodium chlorite.
This compound may be used to prep!lre hypochlorous acid
in the reaction chamber 24. This reacted mixture is also a
powerful antimicrobial. The secOnt! component may be an
organophosponate compoulld such as 50
1,2,4-tricarooxylic Hdd (PBTC), CAS Registry No.
Alternatively, the second Cflmponent may he a mixture
of mineral acids and antisc.uant polymers such as poly-
acrylic acid or other polymeric compounds. The se,"'Oml
cumponent bas the attribUles of being acidic enuugh to S5
convert sodium chlorite into chlorine dioxide while remain-
log unafi'ected in the reaction mixture. I\t the .'><lUle lime it is
an eXCelleD! mineral ullLiscalant.
Very few chelants aIJdior antiscaling compounds remaiu
uDaffected in the presence of even dilute amounts of liD
dizing C(}mpounds. PBTe is one of the very few
that demonslrates acceptable stability in the presence ot'
strong oxidizer,s. Furthermore, the reaction of PETe with
sodium chlorite migbt bl;: greatly accelcr<lted and reaction
lime gru,l{ly reduced, by the inclusion o[ small amouots oj'
What is claimed is;
1. 1\ method of tmaling flowing water in a water
bUlion system, comprising;
admixing a sodium chlorite solution with a secund solu-
lion containing an acid to make II reacted mixture
wherein the second solution is addle enough to coovert
the sodium chlorite into chlorine dioxide while remain-
Ing unaffected in the reacted mixture;
using sodium molybdate as a eobance conversion of tbe
sodium cblorite into chlorine dioxide; llnd
iu!roducing a pIooclermined Ilffiollnt of the re<ldcd
ture into said water dit';tribmioo to inhibit and/or
eliminate bacterial fouling in the system;
whereiu the seeond solution inhibits and/or proces.. .. cs
mineral deposits in tbe water syste-m.
2, The method of claim 1, comprising iUlroducing the
reaclt:d mixture into the water for reducing or eliminating
microorganisms frPm the system.
3. Tbe method of claim 1, wherein lht: :-;ecood solution
formed by adding
acid (PBTC) and sodium molybdate di-hydrate and water.
4. 'Ibe method of claim 1, wherein (he second solution
cuntains PB'fC.
5. TIw method oj' claim 1, wherein the second solution is
a mixture of mineral acids and antiscalant polymers.
6. The method of clilim 5, wherein the antiscalant polymer
is p(\lyacrylic acid.

Exhibit A
Page 9
AO 440 (Rev. 06/12) Summons in a Civil Action
;., L
UNITED STATES DISTRICT COURT
forthe
Central District of California
CH20.INC.,
.---.------.- --:::-:---,-:::c,-------
Plainlif!(S)
)
)
)
)
)
)
)
)
)
)
)
)
CV13-8418lt)Y'l
v. Civil Action No.
MERAS ENGINEERING, INC.,

To: (Defendant ',I' name and
SUMMONS IN A CIVIL ACTION
MERAS ENGINEERING, INC.
601 Van Ness Avenue, Suite E3-725
San Francisco, California 94102-3200
A lawsuit has been filed against you.
r
Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are: Christopher S. Marchese, (SBN 170239), Michael M. Rosen, (SBN 230964)
FISH & RICHARDSON P.C.
555 West Fifth Street, 31st Floor
Los Angeles, CA 90013
(213) 533-4240
marchese@fr.com, rosen@fr.com
If you fail to respond, judgment by default will be entered against YOll for the relief demanded in the complaint.
You also must file your answer or motion with the COUlt.
CLERK OF COURT
NOV 1 4 2013
Date:
--_.-.... ...... -- ..
Signature of
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should nol beflledwith the court unless required by Fed. R. Civ. P. 4 (I))
This summons for (name o/individual and litle, if any)
was received by me on (dale)
-_ ... -..... -.. _---
o I personally served the summons on the individual at (plac,)
-----_.-.. _-------
on (date) ; or
----
o I left the summons at the individual's residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
............ _._------.... _----
on (date) , and mailed a copy to the individual's last known address; or
o I served the summons on (name 0/ Individual) , who is
--------..... _ ... - -------
Date:
designated by law to accept service of process on behalf of (name 0/ organization)
on (date)
------
o I returned the summons unexecuted because
o Other (specifY):
My fees are $ for travel and $ for services, for a total of $
._--
I declare under penalty of perjury that this infonnation is true.
; or
... --.. --... -------;c--,------
Server's signature
Primed name and title
Server's address
Additional infonnation regarding attempted service, etc:
0.00
; or
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
I. (a) PLAINTIFFS ( Check box if you are representing yourself D )
(H20, INC.
(b) Attorneys (Firm Name, Address and Telephone Number, If you
are representing yourself, provide same information.)
Christopher S. Marchese, (SBN 170239), marches@fr.com
Michael M. Rosen, (SBN 230964), rosen@fr.com
FISH & RICHARDSON P.c., 555 West Fifth Street, 31 st floor
Los Angeles, CA 90013, Telephone: (213) 533-4240, Facsimile: (858) 678-5099
DEFENDANTS (Check box if you are representing yourself 0 )
MERAS ENGINEERING, INC.
(b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing yourself, provide same Information.)
II. BASIS OF JURISDICTION (Place an X In one box only.) III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant)
o 1. U.s. Government
Plaintiff
o 2. U.S. Government
Defendant
[8] 3. Federal Question (US.
Government Not a Party)
04. Diversity (IndIcate Citizenship
ofparties in Item III)
IV. ORIGIN (Place an X In one box only.)
I)(l 1. Original o 2. Removed from o 3. Remanded from
I..!:'!J proceeding State Court Appellate Court
CItizen of This State
Citizen of Another State
Citizen or Subject of a
ForeIgn Country
PTF OEF' PTF
o 1 0 1 Incorporated or Principal Place 0 4
of Business in this State
Incorporated and Principal Place
of 8usiness in Another State
Foreign Nation
R
. d 6. u l t j ~
O
4. emstate or 0 5. Transferred from Another 0 District
Reopened Di5tlict (Specify) Litigation
V. REQUESTED IN COMPLAINT: JURY DEMAND: I8l Yes 0 No (Check "Yes" only If demanded in complaint.)
CLASSACTIONunderF.R.Cv.P.23: DYes I8lNo 0 MONEY DEMANDED IN COMPLAINT: $
DEF
~ 4
VI. CAUSE OF ACTION (Cite the U.s. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity,)
35 U.5,(, Section 271
VII. NATURE OF SUIT (Place an X in one box only).
I
OTHER STATUTES CONTRACT . RE.!'L PROPERTY CONT. IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS
0
375 False Claims Act
o 110 Insurance
0
240 Torts to l;;md
0
462 Naturalization
Habeas Corpus: o 820 Copyrights
Application
0
400 State
o 120 Marine- 0
245 Tort Product
o 463 Alien Detainee
[R} 830 Patent
Reapportionment liability
0
46S Other o 510 Motions to Vacate
0
410 Antitrust
o 130 Miller Act
0
290 All Other Real Immigration Actions Sentence
o 840 Trademark
o 430 Banks and Banking
o 140 Negotiable
Property -
. TORTS o 530 General SOCIAL SECURITY .
Instrument
TORTS
pERSONAL PROPERTY o 535 Death Penalty
o 861 HIA (139Sff)
o 450 Commerce/ICC PER'SONALPROPERTY
Rates/Etc.
150 Recovery of
0
370 Other Fraud Other:
o 862 Black lung (923)
o Overpayment &
0
310 Airplane
0
460 Deportation Enforcement of
315Airplane
0
371 Truth In Lending
0
540 Mandamus/Other o 86l DIWClDIWW (405 (g))
470 Racketeer InfJu-
Judgment
0
Product liability
380 Other Personal
0
550 Civil Rights
o 864 SSID Title XVI
0
enced & Corrupt Org.
0
151 Medicare Act
0
320 Assault, Libel &
0
Property Damage
Slander 0
555 Prison Condition
o 865 R5I (405 (g))
0
480 Consumer Credit 152 Recovery of
330 Fed, Employers'
0
385 Property Damage
560 Clvl1 Detainee
o 490 Cable/Sat TV
0
Defaulted Student
0
liability
Product liability
0 Conditions of FEDERAL TAX SUITS
loan (Excl. Vet.)
BANKRUPTCY Confinement
870 Taxes (U.S. Plaintiff or
850 Securities/Com-
O
340 Marine
FOR'FEITURE/PENALTY 0
0
153 Recovery of
422 Appeal 28 Defendant)
modlties/Exchange
o Overpayment of
0
345 Marine Product
0
USC 158
625 Drug Related 871 IRS-Third Party 26 USC
890 Other Statutory Vet. Benefits
Liability
423 Withdrawal 28
o Seizure of Property 21
0
7609
0
Actions
o 160 Stockholders'
0
350 Motor Vehlele 0
USC 157
USC 881
0
891 Agricultural Acts Suits
0
355 Motor Vehicle
CIVIL RIGHTS
o 6900ther
Product liability
0
893 Environmental
o 1900ther
360 Other Personal
0
440 Other Civil Rights
LABOR
Matters
Contract 0
Injury
0
441 Voting
o 710 Fair Labor Standards
0
895 Freedom of Info.
o 195 Contract 362 Personal Injury-
Act
Act
Product LiablUty
0
Med Malpratlce
o 442 Employment
o 720 Labor/Mgmt.
o 896 ArbItration
o 196 Franchise
365 Personal lnjury-
0
443 Housing/ Relations
0
Product liability
Accomodatlons
o 740 Railway labor Act
899 Admin. Procedures
h'EAL PROPERTY
367 Health Care/
445 American with
o Act/Review of Appeal of o 210 Land
0
Pharmaceutical 0
Disabillties-
o 751 Family and Medical
Agency Decision Condemnation Personal Injury
Employment
Leave Act
o 220 Foreclosure
Product Liability
0
446 American with
o 790 Other labor
o 950 Constitutionality 01
368 Asbestos
Di5"bilitiesOther
litigation
State St"tutes
o 230 Rent lease &
0 Personal Injury
0
448 Education
o 791 Employee Ret. Inc.
Ejectment
Product uabUitv
Security Act
FOR OFFICE USE ONLY: Case Number:
CV13-8418
CV-71 (09/13) CIVIL COVER SHEET Page lof3
I
I
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIII. VENUE: Your answers to the quesUons below will determine the division of the Court to which this case will most likely be initially assigned. This Initial assignment
Is subject to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or NoUce of Removal.
Question A: WillS this case removed from STATE CASE WAS RENDlNG.lNTHE CQUNlY Df:
,
... !NITIAL DIVlSION' IN CACD" IS:'
state court?
.. . . ..
....
0
Yes
IRl
No
0
Los AngE"les
Western
If "no, " go to Question B. If "yes," check the
0
Ventura, Santa Barbara, or San Luis Obispo
Western
box to the right that applies, enter the
corresponding division in response to
0
Orange
Southern
Quesrlon D, below. and skip to SectIon IX.
0
Riverside or San Bernardino
Eastern
Question B: Is the United States, or one of
If the United'States, or one of its agencies employees, Is a party, is It:
its agencies or employees, a party to this ,.
8ction7
INJTlAl
A PLAINTIFF? A DEFENDANT? DIVISIQN IN
0
Yes
IRl
No
(ACD is;
Then check the box below for th> county fn Then checkthe box below for the COUnty In
which the maJority'of DEFENbANTS reside. which the majority of PLAINTIFFSreslde.
.
.
If "no," go to Question c. If "yes," check the
0
Los Angeles
0
Los Angeles Western
box to the right that applies, enter the
0
Ventura, Santa Barbara, or San LuiS
0
Ventura, Santa Barbara, or San Luis
corresponding division In response to
.obispo
Western
Question D, below, and skip to Section IX.
0
.orange
0
.orange Southern
0
Riverside or San Bernardino
0
Riverside or San Bernardino Eastern
0
Other
0
ether Western
A. B. C. D. t
..
F.
Question C: Location of Angeles. Ventura, Santa Barbara,or Qrang'e RiversJdeor San Outside-the Central. Other.
plaintiffs, defendants, and.claims?
Coun.ty San LuiS .obispo Counties ,
Bernardino'Counties DI$tri(:t of California.
, . .
Indicate the location In which a
0 0 0 0 I8J 0 majority of plaintiffs reside:
location in which a
major" of defendants reside; 0 0 0 0 I8J 0
the location in which a
rna oritvof claims arose:
0 I8J 0 0 0 0
. .
,
...
-
C.l. Is either of the following true7 If so, t:het:k the one that applies: (,2. Is either of the following true7 If so, chet:k the one that applies:
o 2 or more answers In CoJumn C o 2 or more answers in Column 0
o only t answer In Column C and no answers in Column D o only 1 answer In Column D and no answers in Column C
Your case will Jnitlally be assigned to the
S.oUTHERN DIVISI.oN.
Your case will initially be assigned to the
EASTERN DIVISION,
Enter "Southern" In response to Question D, below. Enter "Eastern" In response to Question D, below.
If none applies, answer question (2 to the right.
-+
If none applles,go to the box below.
J
Your case will initially be assigned tothe
WESTERN DIVISION,
Enter "Western" in response to Question D below.
Question D: fnlt!al Di.vision?
...
. ,
. INITIAL DIVISI.oN IN CACD ..... ,.
Enterthe initial division determined by Question A, B, or C above:
-+
WESTERN
CV71 (09/13) CIVIL COVER SHEET Page2of3
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
IX(a). IDENTICAL CASES: Has this action been previously filed In this court and dismissed, remanded or closed?
I8J NO DYES
If yes, list case number(s):
IX(b). RELATED CASES: Have any cases been previously flied in this court that are related to the present case?
I8J NO DYES
If yes, list case number(s):
Civil cases are deemed related If a previously filed case and the present case:
(Check all boxes that apply) D A. Arise from the same or closely related transactions, happenings, or events; or
o B. Call for determination of the same or sl.Ibstantially related or similar questions of law and fad; or
D c. For other reasons would entail substantial duplication of labor if heard by different judges; or
X. SIGNATURE OF ATTORNEY
(OR SELF-REPRESENTED LITIGANT): ,Li ,L/_'
J/
DATE: 11/14/13
Notice to Counsel/Parties: The (JS-44) Civil Cover Sheet and the Information contained herein neither replace nor supplement the filing and service ofpJeadlngs or
other papers as required by law, This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not flied
but Is used by the Clerk of the Court for the purpose of statistics, venue and Initiating the civil docket sheet. (For more detailed instructions, see separate Instructions sheet).
Key to 5tatlstlcal codes relating to Social Security Cases:
Nature of Suit Code Abbreviation
851 HIA
852 8l
853 DIWC
863 DIWW
864 SSID
865 RSI
CV-71 (09/13)
Substantive Statement of Cause of Action
All claim's for health Insurance benefits (Medicare) under Title 18, Part A, afthe Social Security Act, as amended. Also,
Include claims by hospitals, skUled nursing facilities, etc., for certification as providers of services under the program.
(42 USc. 1935FF(b)
AU claims for "Black Lung" benefits under Title 4, Part B, afthe Federal Coal Mine Health and Safety Act of 1969. (30 U.S.c.
923)
AI! claims flied by Insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus
all claims filed for child's Insurance benefits based on disab!llty. (42 U.s.c. 405 (g)
AI) claims flied far widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as
amended. (42 U.s.c. 40S (9))
AU claims far supplemental security income payments based upan disability filed under Title 16 of the Social Security Act. as
amended.
AU claims for retirement (old age) and survivors benefits under Title 2 afthe Social Security Act, as amended.
(42 U,S,C 405 (g))
CIVILCOVER SHEET Page 3 of3