IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`
`
`FRANKLIN ELECTRIC CO., INC.
`Petitioner
`
`
`v.
`
`
`LIBERTY PUMPS, INC.
`Patent Owner
`
`
`
`Patent No. 8,523,532
`Filing Date: April 2, 2009
`Priority Date: April 2, 2009
`Issue Date: September 3, 2013
`Title: SEWAGE HANDLING SYSTEM, COVER, AND CONTROLS
`__________________
`
`Inter Partes Review No. Unassigned
`__________________
`
`DECLARATION OF SCOTT E. STAYTON
`
`1
`
`
`
`
`
`
`
`Franklin Electric Co., Inc.
`Exhibit 1016, Page 1
`
`

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`I, Scott E. Stayton, declare and state as follows:
`
`1.
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`I am more than 18 years of age, I have personal knowledge of the
`
`facts set forth in this declaration, and I am competent to testify to such facts if
`
`called upon to do so.
`
`2.
`
`I am submitting this declaration in connection with Inter Partes
`
`Review (“IPR”) petitions being submitted by my employer, Franklin Electric Co.,
`
`Inc. (“Franklin”), to the Patent Trial Appeal Board of the U.S. Patent Office. It is
`
`my understanding that these petitions are challenging patents owned by Liberty
`
`Pumps, Inc.
`
`I. My Background and Experience
`
`3.
`
`I began working at Little Giant Pump Co. (“Little Giant”) as a product
`
`engineer in 1995. In 1998, I was promoted to a product manager position at Little
`
`Giant. In 2004, I began as a demand analyst for Little Giant until Little Giant was
`
`acquired by Franklin in 2006. Starting in 2006, I was the Market Manager for the
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`Wastewater division of Franklin. I held that position until 2010 when I was
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`promoted to Marketing Director of Wastewater/HVAC/OEM at Franklin. Then, in
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`2013, I was promoted to the position of Director for Advanced Applications and
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`Innovation at Franklin, which I held until 2014, at which time I became the
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`Director of Portfolio Management. I am currently the Director of Portfolio
`
`Management at Franklin.
`
`
`
`2
`
`Exhibit 1016, Page 2
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`

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`4.
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`In 2000, Little Giant purchased Interon, Inc. (“Interon”). My
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`responsibilities at that time included integrating Interon into Little Giant’s
`
`manufacturing and product management processes. My knowledge of the Interon
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`products, configurations, applications and uses, were developed through those
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`daily integration activities.
`
`5.
`
`As a result of my various roles within Little Giant and Franklin, I am
`
`familiar with our product offerings as well as our literature (e.g., instruction
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`manuals, brochures, marketing materials, etc.) for our products.
`
`II. The PowerSewer System
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`6.
`
`One product I am familiar with was (and still is) called the
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`PowerSewer System. The basic structure of the PowerSewer basin—which is
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`shown and described in U.S. Patent No. 6,059,208 to Struthers— was developed
`
`by Interon prior to Little Giant acquiring Interon. It is a grinder pump technology
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`system intended for wastewater collection and removal. It includes a plastic basin
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`(which collects the wastewater and other solids), a pump and associated piping
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`(which expel the wastewater and solids), and associated controls, including sensors
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`and switches used to turn the pump on and off and signal alerts to the user (e.g., if
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`the pump stops working).
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`7.
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`A true and correct copy of the Owner’s Manual for the versions of the
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`PowerSewer System that used an ultrasonic sensor (“PowerSewer”) is attached as
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`
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`3
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`Exhibit 1016, Page 3
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`

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`Exhibit A (“PowerSewer Manual”). The PowerSewer Manual attached as Exhibit
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`A bears a date of 2001, which is shortly after the time Little Giant acquired
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`Interon. A digital copy of the PowerSewer Manual was maintained at Little Giant
`
`until 2006 and has been maintained at Franklin since 2006. The PowerSewer
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`Manual has always been accessible to our customers upon request. Neither
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`Franklin nor Little Giant placed any confidentiality or other types of restrictions
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`that would have reduced access to the PowerSewer Manual. I have also reviewed
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`what I understand has been labeled as Exhibit 1033 to Franklin’s IPR petitions, and
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`Exhibit 1033 is identical to Exhibit A.
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`8.
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`The PowerSewer Manual has always been distributed with every
`
`single PowerSewer that has ever been sold. From 2001 to 2007, Little Giant and
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`Franklin sold 1,051 PowerSewer units to customers in the low pressure
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`sewage/wastewater collection and removal industry, and, therefore, distributed
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`1,051 copies of Exhibit A to those same customers. The sales for the PowerSewer
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`were as follows:
`
`Year
`
`2001
`
`2002
`
`2003
`
`2004
`
`Units Sold
`
`363
`
`459
`
`142
`
`57
`
`
`
`4
`
`Exhibit 1016, Page 4
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`

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`2005
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`2006
`
`2007
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`14
`
`18
`
`8
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`
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`Because sales order histories and invoices were not available for all of Franklin’s
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`past sales of PowerSewer units (due to Franklin’s document retention policies), I
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`obtained the above information by analyzing archived sales data from 2001 to
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`2005 for the PowerSewer shown in Exhibit A. The spreadsheet attached as
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`Exhibit B is a true and accurate copy of a sales summary spreadsheet reflecting the
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`historical sales data I mentioned above and showing units sold of PowerSewer
`
`(Item No. 515002), from 2001 to 2005.1 Additionally, because Franklin still
`
`maintains sales order summaries dating back to 2005, I analyzed those summaries
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`for sales orders of the Power Sewer (Item No. 515002) from 2005 to 2007 (the last
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`year the PowerSewer was sold). Exhibit C is a true and accurate copy of the sales
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`order history for PowerSewer (Item No. 515002) from 2005 to 2007.
`
`9.
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`There have been multiple versions of the PowerSewer. Those
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`versions correspond to varying switch configurations and other options associated
`
`with application and/or contractor preference. As I noted in paragraph 7, the
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`1 I redacted data related to sales prices for the PowerSewer as well as sales data
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`for the other products listed in column B of this spreadsheet.
`
`
`
`5
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`Exhibit 1016, Page 5
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`

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`version of the PowerSewer shown in Exhibit A used an ultrasonic sensor level
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`detection system to detect the level of the wastewater/solids inside the
`
`PowerSewer’s basin. On occasion, when certain waste was introduced into the
`
`basin, the ultrasonic sensors would operate irregularly. Because of the relatively
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`high replacement cost of these ultrasonic sensors, some of our customers requested
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`alternative level detection systems for their PowerSewer Systems.
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`10. As a result, Little Giant developed an after-market float system to
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`replace the ultrasonic sensors, which we called “V1 or V2 to V3F Retrofit” and
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`which I will refer to in this declaration as “Retrofit.”
`
`III. The Retrofit Product
`
`A. Background information
`
`11. The Retrofit kits were designed to replace the ultrasonic sensor in the
`
`earlier PowerSewer versions with a float assembly— “V3F” meant Version 3 using
`
`a Float Assembly. This naming system was related to the structure and function of
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`the Retrofit. The V3F conversion Retrofit product consisted (and still consists) of
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`conventional float switches assembled on a rod. The float assembly was (and still
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`is) designed to replace the ultrasonic sensor of the earlier versions by mounting
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`into the same opening in the interior shelf of the PowerSewer basin through which
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`the ultrasonic sensor was originally positioned. The float assembly hangs from
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`the interior shelf portion of the basin that divides the wet well and the dry well and
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`
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`6
`
`Exhibit 1016, Page 6
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`

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`extends down into the basin for secure operation and orientation for the 54, 72, and
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`84 inch models.
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`12. The Retrofit kits were first developed at Little Giant in February 2005,
`
`as shown by the attached Exhibit D, which is a true and correct copy of an
`
`engineering rendering of the Retrofit float assembly for a 54 inch PowerSewer
`
`basin.
`
`13. As shown in Exhibit E—which is a true and correct copy of a 2005
`
`parts list for PowerSewer systems, including Retrofit kits—Little Giant designed
`
`the Retrofit kits for basins with depths of 54, 72, 84, 96, 108, 120, and 165 inches.
`
`B. Retrofit Manual
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`14. Every Retrofit kit (regardless of the size of the PowerSewer basin in
`
`which it was being installed) was sold with an instruction manual providing
`
`customers with detailed instructions regarding how to replace their ultrasonic
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`sensor with the float pole assembly in the kit. Exhibit F, which includes
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`“Retrofitting V1 or V2 to V3F” at the top of the document, is a true and correct
`
`copy of the digital version of the manual that was distributed with every Retrofit
`
`kit that was sold since 2005 (which I will refer to as the “Retrofit Manual”). I
`
`personally checked the metadata for Exhibit F, a report for which is attached as
`
`Exhibit G, and the metadata shows that Exhibit F has a last modified date of
`
`
`
`7
`
`Exhibit 1016, Page 7
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`

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`March 7, 2005.2 Because the digital version of Exhibit F has a built-in function
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`that automatically includes the date each time the document is opened, Exhibit F
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`shows the same date as the date of this Declaration. I have also reviewed what I
`
`understand has been labeled as Exhibit 1015 to Franklin’s IPR petitions, and
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`Exhibit 1015 is identical to Exhibit F to my declaration.
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`15. Additionally, Exhibit H is a true and correct copy of a printed email
`
`and an attachment to the email, the latter of which is the same Retrofit Manual as
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`Exhibit F. Because Exhibit H (starting on page 2 thereof) is a printed copy of the
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`same document as Exhibit F, Exhibit H also included the date it was last accessed,
`
`or, in this case, the date it was printed. Exhibit H has a date of March 7, 2005—the
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`same date as the metadata for Exhibit F (as reflected in Exhibit G).
`
`16. Since at least as early as March 7, 2005, Little Giant maintained a
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`digital copy of the Retrofit Manual attached as Exhibit F, and of other instruction
`
`manuals for Little Giant products, at Little Giant’s headquarters in Oklahoma City,
`
`Oklahoma. Beginning around April 2006, Franklin maintained and continues to
`
`2 Exhibit G is a true and correct copy of a report of the metadata for Exhibit F.
`
`Exhibit G shows “rchase” as the author. That is referring to Robert Chase. He is
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`still a current employee of Franklin and his current title is Product Design
`
`Supervisor. Exhibit G also shows that Exhibit F was created on March 4, 2005,
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`last modified on March 7, 2005, and last printed on March 7, 2005.
`
`
`
`8
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`Exhibit 1016, Page 8
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`

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`maintain a digital copy of the Retrofit Manual as Exhibit F, and of other instruction
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`manuals for Little Giant and Franklin products, at Franklin’s headquarters in Fort
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`Wayne, Indiana. Franklin and Little Giant have maintained these copies in the
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`course of their respective regularly conducted business activities. Exhibit H was
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`maintained at Little Giant and Franklin in its hard copy form since it was printed
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`on March 7, 2005.
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`17. Employees at Little Giant with knowledge of the components and
`
`operation of the Retrofit worked together to create instruction manuals for the
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`Retrofit. This process of creating instruction manuals for our products was (and
`
`still is) part of the regular business activities at Little Giant and Franklin.
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`18. Distributing a copy of the Retrofit Manual (Exhibit F) with each sale
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`of the Retrofit kit (regardless of the depth of the basin) has always been (and still
`
`is) a regular practice in the course of Little Giant’s and Franklin’s regularly
`
`conducted business activities. The Retrofit product itself has not changed since the
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`Retrofit was created and first offered to our customers in 2005. Likewise, the
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`Retrofit Manual (Exhibit F) did not change from when it was created in 2005
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`through April 2, 2009 (which I understand is the relevant cut-off date for
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`Franklin’s IPR petitions because that is the date that applies to Liberty’s patents).
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`19. The Retrofit Manual was also available to Little Giant and Franklin
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`customers and the general public upon request. From at least as early as March 7,
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`
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`9
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`Exhibit 1016, Page 9
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`2005 until April 2006, members of the public showing an interest in the Retrofit
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`product or manual could have obtained such a copy of the Retrofit Manual in
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`Exhibit F from Little Giant by contacting either a representative of Little Giant or
`
`by calling Little Giant’s customer service group. Beginning around April 2006,
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`members of the public showing an interest in the Retrofit could have obtained a
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`copy of the Retrofit Manual in Exhibit F from Franklin by contacting either a
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`representative of Franklin or by calling Franklin’s customer service group.
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`20. The Retrofit Manual contains no language restricting or limiting the
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`use of the Retrofit Manual. Based on my knowledge and experience, this means
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`that Little Giant did not place any restrictions or limitations on the use of the
`
`Retrofit Manual. Likewise, Franklin did not place (and currently does not place)
`
`any restrictions or limitations on the use of the Retrofit Manual.
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`21. As shown in Exhibit F, the Retrofit float assembly for the 54, 72, and
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`84 inch basins depths were suspended from the top shelf of the PowerSewer basin
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`and were unsupported by the bottom of the basin. See Exhibit F, pages 1-3. This
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`was because, in the shorter basins, the float assembly would not sway while the
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`wastewater and solids were moving in the basin; therefore, we did not need to
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`attach it to the bottom wall of the basin. The float rods and assemblies in the
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`deeper basins would, however, sway and, as a result, those were anchored to the
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`bottom wall of the basin.
`
`
`
`10
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`Exhibit 1016, Page 10
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`

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`
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`C.
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`Retrofit Sales
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`22.
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`Retrofit sales began in March 2005. As of April 2, 2009, we sold 139
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`Retrofit kits to customers in the low pressure sewage/wastewater collection and
`
`removal industry. True and correct copies of sales invoices and orders for Retrofit
`
`showing these sales are attached as Exhibits I-O.
`
`23. With every sale of the Retrofit kits, Little Giant (and, after 2006,
`
`Franklin) included a printed, hard copy of Exhibit F. Therefore, Little Giant and
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`Franklin distributed at least 139 Retrofit Manuals from 2005 to April 2, 2009 to
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`customers in the low pressure sewage/wastewater collection and removal industry.
`
`24.
`
`I declare all statements made in this declaration of my own knowledge
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`are true and all statements made on information and belief are believed to be true;
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`and further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`25.
`
`I declare under penalty cfperjmy that the statements in this
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`declaration are true and correct to the best of my knowledge.
`
`Executed: October /9 , 2016
`
`5
`
`i
`
`Scott E. Stayton
`
`ll
`
`Exhibit 1016, Page 11
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`Exhibit 1016, Page 11
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`

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`
`
`EXHIBIT A
`
`EXHIBIT A
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`Exhibit 1016, Page 12
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`
`
`Exhibit 1016, Page 12
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`

`
`Inter Owner'sManual 7/01 7/11/01 12:41 PM Page 1
`
`Interon®, Engineered Products Division of Little Giant Pump Company, (“Manufacturer”)
`makes the following Limited Warranty. This Limited Warranty extends both to the original
`purchaser and to any person(s) obtaining title to the original purchaser’s residence at
`which Manufacturer’s PowerSewer™ product is installed within the warranty period.
`
`Limited Warranty
`Every PowerSewer™ product is guaranteed to be functionally operable when it leaves the
`factory. Manufacturer warrants its PowerSewer™ against defects in material or
`workmanship according to the following schedule:
`
`The PowerSewer™ basin is warranted for 120 months (10yrs) from date of manufacture.
`The PowerSewer™ mechanical components are warranted for 30 months (2.5 years) from
`date of manufacture or 24 months (2 years) from date of installation, whichever comes first.
`The PowerSewer™ electronics are warranted for 18 months (1.5 years) from date of
`manufacture or 12 months (1 year) from date of installation, whichever comes first.
`
`This warranty commences from the date of manufacture or the date of installation,
`whichever comes first. During this period, the Manufacturer will repair or replace a
`defective product or part without charge to the person to whom the warranty is extended.
`Normal maintenance services and the parts used in connection with such service are not
`covered in the warranty. Any oral statements about the product(s) made by the seller, the
`Manufacturer, the representatives or any other parties, do not constitute warranties, and
`shall not be relied upon by the user and are not part of the contract for sale. No person is
`authorized by Manufacturer to assume for it any liability of any kind in connection with the
`sale or use of the products manufactured and sold by it.
`
`Product Improvement
`Interon® reserves the right to change or improve its products or any portion thereof without
`being obligated to provide such a change or improvement for units sold and/or shipped
`prior to such change of improvement. The Manufacturer may (but is not required to)
`provide such a changed or improved product as part of its repair or replacement of a
`defective product or part thereof in accordance with this Limited Warranty.
`
`Warranty Exclusions
`The following are excluded from coverage under this Limited Warranty:
`
`• Any product which is installed in a manner which fails to comply with Manufacturer’s
`written installation instructions or fails to meet proper power requirements, as outlined
`in the instructions in the Installation, Operations, and Maintenance Manual or other
`instructions by Manufacturer;
`
`• Any product which is installed in a manner not installed in accordance with applicable
`national, state or provincial and local codes, ordinances and good trade practices;
`
`• Any product that is connected to voltage other than that indicated on the nameplate;
`
`• Any product which is modified without the prior written consent of Manufacturer;
`
`• Any product on which any maintenance or repair service is performed by any person
`other than Manufacturer or a Service Provider authorized by Manufacturer (“Authorized
`Service Provider”);
`
`• Damage resulting from external causes including but not limited to weather, soil
`erosion or excavation, animals and accidents that are beyond the control of the
`Manufacturer;
`
`• Damage resulting from the introduction of foreign objects or substances to include
`but not limited to sand, gravel, cement, grease, plaster, mud, tar, hydrocarbons or
`hydrocarbon derivatives, (oils, gasoline, solvents, etc) or other abrasive or
`corrosive substances;
`
`• Damage resulting from negligence, accident, misuse or operation contrary to the
`Installation, Operations, and Maintenance Manual or other instructions;
`
`• A pump, which is not activated within two months of installation, unless the
`Manufacturer or an Authorized Service Provider provides service to the pump
`before activation. The cost of this service is the responsibility of the owner.
`
`Your Responsibility
`The above warranty is subject to the following conditions:
`
`• You must retain proof of purchase and installation documents. Completing and
`mailing in the attached registration card, which is enclosed in your Homeowner
`Start-Up Kit, within ten (10) days after installation is the best way of providing such
`proof of installation.
`
`• You must notify Manufacturer or an Authorized Service Provider within two (2) days
`after you discover a defective product or part.
`
`• All warranty service or repair must be performed by the Manufacturer or an Authorized
`Service Provider.
`
`• Labor costs for original installation or removal and reinstallation and adjustments are
`not covered by this Limited Warranty.
`
`• All return of parts to the Manufacturer for evaluation and/or repair should be made
`through your Authorized Service Provider. If you are not sure of the Authorized Service
`Provider in your area, call toll free 1-888-394-7478.
`
`Owner’s Manual and Warranty Registration
`You should read the Installation, Operations and Maintenance Manual for the
`PowerSewer™ and all other instructions provided by Manufacturer completely. You should
`also complete and mail the registration card, which is enclosed, in your Homeowner Start-
`Up Kit, within ten (10) days after installation of the PowerSewer™ in order to register
`yourself as a purchaser. This is the best way to enable the Manufacturer to establish the
`date of installation. Failure to return the card does not affect your rights under this Limited
`Warranty so long as you retain other written proof of installation and otherwise comply
`with this Limited Warranty. Without written proof of installation, the warranty period will
`commence with date of purchase as appearing in Manufacturer’s records.
`
`DISCLAIMER
`NEITHER SELLER NOR MANUFACTURER SHALL BE LIABLE FOR ANY INJURY,
`LOSS OR DAMAGE, WHETHER ACTUAL, DIRECT, INCIDENTAL, EXEMPLARY OR
`CONSEQUENTIAL INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST
`PROFIT, LOST SALES, INJURY TO PERSON, LIVESTOCK OR PROPERTY,
`INSTALLATION, REMOVAL AND/OR RE-INSTALLATION OF ANY UNIT (S),
`EXCAVATION, DOWNTIME, CLEANUP, LOSS OF OPPORTUNITY OR RENTAL
`VALUE, SHELTER COSTS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL
`LOSS OR EXEMPLARY DAMAGE ARISING OUT OF THE USE OR INABILITY TO
`USE THE PRODUCT. SELLER’S AND MANUFACTURER’S ONLY OBLIGATION,
`AND YOUR ONLY REMEDY, SHALL BE REPLACEMENT AND/OR REPAIR BY THE
`MANUFACTURER OR AUTHORIZED SERVICE PROVIDER, AS DESCRIBED
`HEREIN. YOU AGREE THAT NO REMEDY SHALL BE AVAILABLE OTHER THAN
`THAT STATED HEREIN.
`
`WITH THE EXCEPTION OF ANY WARRANTIES IMPLIED BY STATE LAW AS
`HEREBY LIMITED, THE FOREGOING WARRANTY IS AN EXCLUSIVE WARRANTY
`IN LIEU OF ANY OTHER EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF
`ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
`WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
`GUARANTEES, AGREEMENTS OR SIMILAR OBLIGATIONS WITH RESPECT TO
`THE REPAIR OR REPLACEMENT OF ANY PRODUCT OR PART. ALL OF SUCH
`WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY MANUFACTURER
`AND SELLER. TO THE EXTENT EITHER APPLIES TO POWERSEWER‰
`PRODUCTS, THE WARRANTY SHALL BE LIMITED IN DURATION TO THE
`PERIODS OF THE EXPRESS WARRANTIES GIVEN ABOVE.
`
`Limitations/Rights
`Some states and countries do not allow limitations on how long an implied warranty lasts
`or the exclusion or limitation of incidental, consequential or exemplary damages; therefore,
`the above limitations or exclusions may not apply to you. This limited warranty gives you
`specific legal rights and you may also have other rights, which vary from state to state and
`country to country.
`
`The time period within which an action must be commenced to enforce any obligation of
`Manufacturer under this Limited Warranty or under any statute or law of the United States
`or of any state is hereby limited to one (1) year from the date you discover or should have
`discovered the defect. This limitation does not apply to implied warranties arising under
`state law. Some states do not permit limitation of the time within which you may bring an
`action beyond the limits provided by state law, so the this provision may not apply to you.
`
`Qualified Service Provider:
`
`Model No.
`
`Serial No.
`
`1140 McDermott Drive • Valley Plaza, Suite 102 • West Chester, PA 19380
`Phone 610.918.2899 • Fax 610.918.2879
`Email: CustomerService@InteronCorp.com • www.InteronCorp.com
`
`© Copyright 2001 Form No. 998181 Issue Date: 7/01 Supercedes: 10-10-2000
`
`Exhibit 1016, Page 13
`
`

`
`Inter Owner'sManual 7/01 7/11/01 12:41 PM Page 2
`
`Introduction
`
`Your home is equipped with a
`PowerSewer™, a low pressure
`sewer system that collects, grinds
`and pumps the wastewater
`discharged from your home to a
`gravity sewer main or to a remote
`treatment site.
`
`The PowerSewer is a
`state-of-the-art sewer system.
`What follows is important
`information that you need to
`know to minimize any inter-
`ruptions in your sewer service.
`
`Please take time and read the
`following information carefully.
`
`ESP
`Service Program
`Interon® offers a service program called
`ESP which is designed to anticipate and
`react quickly to any system failures,
`thus minimizing any inconvenience to the homeowner.
`
`esp
`
`How ESP Works
`In the event that an alarm condition occurs within the
`PowerSewer, specific details of the alarm condition are
`then transmitted by the homeowner’s telephone line, via
`a modem, to a monitoring center. Here, trained technicians
`will analyze the transmitted data and make an attempt to
`correct the alarm condition by transmitting a series of
`commands. If the alarm condition cannot be remedied by
`the modem, then a local field service technician shall be
`dispatched as quickly as possible.
`
`ESP Participation
`If your ESP Status light is ON, then your ESP service is
`in effect. If you are not participating in the ESP Service
`Program or your service contract has lapsed and has not
`been renewed, then the light will be OFF. If the light is
`OFF then you are responsible for contacting your own
`service provider.
`
`Care and Use
`This home’s PowerSewer™ is capable of grinding and
`pumping solids found in typical household wastewater. It
`is recommended that the following items not be disposed
`into the home’s sewer system through a drain, toilet or
`garbage disposal:
`
`NEVER DEPOSIT
`
`Bones
`Diapers
`Cloth
`Glass
`Metal
`
`Nuts
`Plastic
`Rags
`Rope
`Rubber
`
`Sand
`Sanitary
`Napkins
`Shells
`Tampons
`Towels
`
`WARNING
`Never to be disposed:
`
`Explosives
`Fertilizers
`Flammable
`Liquids
`
`Gasoline
`Grease
`Hazardous
`Chemicals
`
`Insecticides
`Paint
`Plastic
`Poisons
`Solvents
`
`Low Maintenance
`
`The PowerSewer is designed to require very little
`maintenance through its service life. It has an ultrasonic
`level controller which does not come in contact with
`the wastewater, unlike mechanical float level controllers
`which can stick and fail.
`
`All PowerSewer components are made of materials
`designed not to fail due to corrosion.
`
`The PowerSewer electronics will reset after power loss
`and also have built-in surge protection to ensure
`trouble-free operation.
`
`The PowerSewer has an electronic micro-controller
`which provides automatic liquid level control. The unit is
`designed to stagger the filling level to reduce grease
`build-up on the collection tank wall.
`
`Features
`• Non-contact level control
`• No moving parts to stick or fail
`• Self-testing for proper operation
`• Built-in surge protection for electronics
`• Reduces grease build-up by
`staggering operating levels
`
`Features
`
`System OK
`
`When lit, all system components are operating
`properly.
`
`ESP
`
`Status
`
`When lit, ESP Service Program is in effect. When
`unlit, the service has not been started or has been
`terminated. See back for more information.
`
`
`
`ance M aint en
`
`
`
`When lit, the PowerSewer requires maintenance.
`Call for service soon.*
`
`Pump Power Failure
`
`When lit, the pump has failed. Call for service
`immediately. Limit water usage until serviced.*
`
`System Failure
`
`When lit, the control system has failed. Call for service
`immediately. Limit water usage until serviced.*
`
`High Level Alarm
`
`When lit, the system has failed. Call for service
`immediately. Limit water usage until serviced.*
`
`Modem Failure
`
`When lit, the modem did not reach the ESP Service
`Center. Limit water usage until serviced.
`
`* ESP II & III makes the service call for you!
`
`Exhibit 1016, Page 14
`
`

`
`Exhibit 1016, Page 15
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`Exhibit 1016, Page 15
`
`

`
`Item No
`14940079
`515002
`515003
`515004
`515005
`515006
`515007
`515901
`(blank)
`Grand Total
`
`Description
`Float or Pressure PowerSewer
`V2 PowerSewer System
`PowerSewer - Pressure Transducer
`PowerSewer Standard Float System
`72" PowerSewer - Pressure System
`V3F 84" PowerSewer - Less Pump/Panel
`V3P PowerSewer - +42 Panel
`PowerSewer Basin - No Pump
`(blank)
`
`Year
`
`2001
`Unit Total
`
`Values
`
`Sales Total
`
`2002
`Unit Total
`
`Sales Total
`
`2003
`Unit Total
`
`363
`
`$801,757.33
`
`459 $1,005,711.50
`42
`$87,225.37
`
`142
`77
`2
`
`363
`
`$801,757.33
`
`501 $1,092,936.87
`
`221
`
`Exhibit 1016, Page 16
`
`

`
`2003
`Sales Total
`
`2004
`Unit Total
`
`Sales Total
`
`2005
`Unit Total
`
`$309,948.88
`$138,412.37
`$3,164.00
`
`57
`-3
`146
`7
`11
`
`11
`
`$111,929.75
`-$5,227.50
`$228,908.89
`$9,700.00
`$10,650.00
`
`$7,491.00
`
`69
`14
`
`83
`3
`1
`1
`19
`
`Sales Total
`$96,235.25
`$29,939.00
`
`$128,851.01
`$4,838.00
`$0.00
`$1,600.00
`$12,939.00
`
`$451,525.25
`
`229
`
`$363,452.14
`
`190
`
`$274,402.26
`
`(blank)
`Unit Total
`
`Sales Total
`
`Total Unit Total Total Sales Total
`
`69
`1,035
`116
`231
`10
`12
`1
`30
`
`$96,235.25
`$2,259,286.46
`$220,410.24
`$360,923.90
`$14,538.00
`$10,650.00
`$1,600.00
`$20,430.00
`
`1,504
`
`$2,984,073.85
`
`Exhibit 1016, Page 17
`
`

`
`
`
`
`EXHIBIT C
`
`EXHIBIT C
`
`Exhibit 1016, Page 18
`
`Exhibit 1016, Page 18
`
`

`
`42045
`
`,
`
`,
`
`,
`
`,
`
`,
`
`,
`
`, Customer Seryice ,
`
`,
`
`,
`
`,
`
`M
`*
`, ,, Branch/Plant
`Status.
`.
`520 Thru 333 St _
`Date:
`Thru
`Date Range - Based On.
`Currency Code.
`.
`.
`.
`.
`
`. 2
`.
`. §__
`
`”._
`
`POWERSEWER,VERSION II,INTERON
`
`mm,
`__
`Eh“
`
`
`
`-
`-
`Order No .
`.
`Invoice No .
`Orig Order No.
`Sold To.
`.
`.
`Ship To.
`Item Number.
`Customer PO.
`Ext. Weight
`
`.
`. 515002
`.
`
`Descrigtion
`Ix Sold To
`Q# flfi Order
`%%,
`1367900 SO CONTROLS FIELD SER POWERSEWER,VERSION
`__
`2440500 SO ENGINEERED PRODUCT POWERSEWER,VERSION
`_g
`3250400 80 ENGINEERED PRODUCT POWERSEWER,VERSION
`H_,
`3426000 SO WTS Conversion
`POWERSEWER,VERSION
`Md
`2301400 SO CONTROLS FIELD SER POWERSEWER,VERSION
`__
`4730100 S0 CONTROLS FIELD SER POWERSEWER,VERSION
`h_,
`5500600 SO CONTROLS FIELD SER POWERSEWER,VERSION
`MM
`6405300 SO CONTROLS FIELD SER POWERSEWER,VERSION
`7228000 80 CONTROLS FIELD SER POWERSEWER,VERSION
`8444100 SO CONTROLS FIELD SER POWERSEWER,VERSION
`
`TC
`
`Shig
`Quantity
`2.0 03/24/05
`1.0 04/22/05
`1.0 05/27/05
`1.0 06/07/05
`2.0 06/22/05
`2.0 07/19/05
`2.0 08/22/05
`1.0 10/17/05
`2.0 11/18/05
`2.0 02/03/06
`
`,0pt.=.
`
`.
`
`.1=.S.0, Ent.r.§/.
`
`.
`
`.2e'Ife,xt.
`
`.
`
`.5=D.e.t.ai.1.s.
`
`,
`
`.
`
`. El5e.Qty./Amo.unt./Rr.i.c.e,
`
`.
`
`1 E2.4eMo.r.e. Keys.
`
`Exhibit 1016, Page 19 K1
`
`Exhibit 1016, Page 19
`
`

`
`42045
`
`,
`
`.
`
`,
`
`.
`
`,
`
`,
`
`, Customer Seryica ,
`
`_
`
`,
`
`,
`
`* _
`
`, ,, Branch/Plant
`Status.
`.
`ggg Thru 992 St W
`Date:
`Thru
`Date Range - Based On.
`Currency Code.
`_
`.
`.
`.
`
`. 2
`:WW
`
`.
`.
`
`.
`.
`Order No .
`.
`Invoice No .
`Orig Order No.
`Sold To.
`.
`.
`Ship To.
`Item Number-
`Customer PO.
`Ext. Weight
`
`MW
`__J
`__
`
`
`_
`
`.
`. 515002
`.
`
`POWERSEWER,VERSION II,INTERON
`
`
`
`_
`
`Descriggion
`13 Sold To
`Q_ fig Order
`WM
`9232700 SO CONTROLS FIELD SER POWERSEWER,VERSION
`__
`10641800 80 CONTROLS FIELD SER POWERSEWER,VERSION
`w_
`11269100 S0 CONTROLS FIELD SER POWERSEWER,VERSION
`__,
`12073400 SO CONTROLS FIELD SER POWERSEWER,VERSION
`__
`13109900 S0 CONTROLS FIELD SER POWERSEWER,VERSION
`__J
`13110300 80 CONTROLS FIELD SER POWERSEWER,VERSION
`WM
`14766300 S0 CONTROLS FIELD SER POWERSEWER,VERSION
`__
`14795800 SO CONTROLS FIELD SER POWERSEWER,VERSION
`__
`15083400 80 CONTROLS FIELD SER POWERSEWER,VERSION
`WM
`16862900 S0 CONTROLS FIELD SER POWERSEWER,VERSION
`
`Shig
`_Quantitz
`1.0 03/03/06
`3.0 05/10/06
`1.0 06/12/06
`2.0 07/14/06
`4.0 08/24/06
`1.0 08/24/06
`1.0 11/28/06
`2.0 11/28/06
`1.0
`12/15/06
`1.0 03/22/07
`
`.O;p.t.=.
`
`.
`
`.l“—“.S.0. Entry. .
`
`.2.m.'1‘.ext.
`
`.
`
`.5.=D.et,ai.1.s.
`
`E
`
`.
`
`I I*‘,1L5==Qt3c/Amount./Rr,i1c,e .
`
`. F.2.4.=Mo.r.e. Keys
`
`Exhibit 1016, Page 20
`
`*7
`
`Exhibit 1016, Page 20
`
`

`
`42045
`
`,
`
`.
`
`,
`
`,
`
`,
`
`, ,CusIomep Serxiqe ,
`
`,
`
`,
`
`,
`
`, ,,
`
`*
`Branch/Plant
`Status.
`.
`.§2Q Thru 922 St _
`Date:
`Thru
`Date Range ~ Based On.
`Currency Code.
`.
`.
`.
`.
`
`. 2
`.
`. §__
`
`.
`.
`Order No .
`.
`Invoice No .
`Orig Order No.
`Soid To.
`.
`.
`Ship To.
`Item Number.
`Customer PO.
`Ext. Weight
`
`__J
`__
`MM
`
`
`
`.
`. 515002
`
`
`_
`
`POWERSEWER,VERSION II,INTERON
`
`Q_ Ed Order
`Ex Sold To
`Description
`_M
`17630200 S0 CONTROLS FIELD SER POWERSEWER,VERSION
`M_
`18837700 SO CONTROLS FIELD SER POWERSEWER,VERSION
`__A
`19999400 SO CONTROLS FEELD SER POWERSEWER,VERSION
`_h.
`20285200 S0 CONTROLS FIELD SER POWERSEWER,VERSION
`M#
`22332900 S0 CONTROLS FIELD SER POWERSEWER,VERSION
`Hg
`22640300 S0 CONTROLS FIELD SER POWERSEWER,VERSION
`__
`22828100 SO CONTROLS FIELD SER POWERSEWER,VERSION
`
`Quantity
`Shi
`1.0 04725507
`1.0 06/13/07
`1.0 07/24/07
`1.0 07/30/07
`1.0 10/23/07
`1.0 11/08/07
`1.0 11/15/07
`
`.0p.t.=.
`
`. 358.0. Ent.r.V .
`
`.ZeT.e.xt.
`
`.
`
`.5.=D.e.t.a.i.1,s_ .
`
`,
`
`, El5.=.Qt.yt/Amount,/P.r.i.c.e.
`
`.
`
`. EZ4=Mo.r.e. Keys.
`
`Exhibit 1016, Page 21
`
`1
`
`Exhibit 1016, Page 21
`
`

`
`Exhibit 1016, Page 22
`
`
`
`
`
`EXHIBIT D
`
`EXHIBIT D
`
`Exhibit 1016, Page 22
`
`

`
`—DESCRIPTIEIN EIF CHANGE E‘
`M2
`H}!
`_n—
`_n—
`_n—
`
`A
`
`
`
`RETREIFIT ASSY
`
`Y
`
`ASSEMBLY NEITESI
`N.
`1. ATTACH FLEIATS IN PEISITIEIN AS 8
`PEILE.
`a. USE TY-RAPS TEI SEC
`c
`S
`LENGTH (NEIT TEI BE TY-RAP),
`AT cABLE L
`3. MEASURE APPREIX 4 T
`F
`PPREIX 6' BE v 944638 FITTING.
`P AND T —
`P ExcESS cABL