UNITED STATES DlS’I‘RlC'I‘ COURT
`‘WESTERN DISTRICT OF NEW YORK
`
`LIBERTY PUMPS. INC.
`
`Plaintiff,
`
`V.
`
`FRANKLIN l3Ll_?.CTRlC CO., INC.
`
`Defendant.
`
`Civil Action No. 6:16-cv-06123-[:IAW~MWP
`
`PLAlN"l‘IFF LIBERTY PUMPS’ DISCLOSURE OF
`
`ASSERTED CLAIMS AND lNl+‘RlN(ilCMF1NT
`CON'l‘ENTlONS
`
`Pursuant to Local Patent Rule 3.1. Plaintiff Liberty Pumps provides this Disclosure of
`
`Assorted Claims and infringement Contentions. This Initial Disclosure is based on information
`
`Plaintiff has acquired to date. Consistent with Federal Rule of Civil Procedure 26{e) and the
`
`Local Patent Rules, Plaintiff reserves its right to modify, amend andr’or further supplement this
`
`clisclosurc as adclitional evidence and information becomes available.
`
`(21)
`
`ASSli.‘,R”l‘EI)CLAIMS
`
`Liberty Pumps asserts the following claims:
`
`Patent and Claim
`US. Patent No. 8,523,532 — claim 2 H _
`
`Subsection of 35 U.S.C. § 271
`2?'l(a); 27'l(b); 27'l(c)
`
`l_l.S. Patent No. 8,523,532 — claim 13
`
`2?-l.(a); 27l[b);_ 2?l(c). -
`
`_ T
`
`U.S. Patent No. 8.888.465 — claim 3"
`US. Patent No. 8,888,465 — claim 3’
`
`27"l(a'): 27103); 2?'l(c)
`27-] (a); 27 I ([1); 27 l (C)
`
`—
`
`1
`
`Franklin Electric Co., Inc.
`
`Exhibit 1027, Page 1
`
`

`
`(h)
`
`ACCUSED INS’l"RUMENTAIilTlES
`
`Liberty Pumps identifies the following Accused lnstrumentalities:
`
`Patent and Claim
`
`Accused Instrumentalities
`
`U—.S. Patent "No. 8,523,532: Claim 2
`
`US. Patent No. 8,528,532 — claim 13
`
`Little Giant Pit+Plus
`
`Little Giant Pit+Plus
`
`US. Patent No. 8,888,465 -
`
`- claim 3
`
`Little Giant Pit+Plus
`
`U.S. Patent No. 8,888,465
`
`claim 7"
`
`Little Giant Pit-l-Plus
`
`For purposes of identification of the Accused lnstrumentality, the Little Giant Pit+Plus
`
`includes at
`
`least
`
`the models identilied by Item No. and Model No.
`
`in the brochure entitled
`
`“LittleG[AN'l‘ PiT+PLUS PREMIUM SIMPLEX SYSTEMS,” a copy of which is attached as
`
`Appendix A.
`
`(c)
`
`CLAIM CHARTS
`
`A chart
`
`identifying specifically where each limitation of each asserted claim of US.
`
`Patent No. 8,523,532 is found within the Little Giant Pit-t Plus is in Appendix B.
`
`A chart identifying specitically where each limitation of each asserted claim 01‘ US.
`
`Patent No. 8,888,465 is found within the Little Giant Pit+Plus is in Appendix C.
`
`(d)
`
`INDIRECT INFRINGEMENT
`
`To the extent Franklin may contend it does not directly infringe any asserted claim it‘
`
`Franklin does not assemble all eicments ol‘ the claimed invention, Liberty Pumps asserts induced
`
`ittfrittgetnent pursuant to §~ 27l(b) and contributory infringement pursuant to § 27’l(c) based on
`
`the following:
`
`Franklin Electric Co., Inc.
`
`Exhibit 1027, Page 2
`
`

`
`Patent and Claim
`
`Direct Infringement
`
`U.S. Patent No. 8,523,532 —
`claim 2
`
`Combination of all
`
`components and installation
`by plumber or other installer;
`Use olicompete assembly by
`homeowner or other user of
`
`Pitl-Plus
`
`US. Patent No. 8,523,532
`claim 13
`
`Combination of all
`
`components and installation
`
`by plumber or other installer;
`Use of compete assembly by
`homeowner or other user of
`Pit+Plus
`
`US. Patent No. 8.888.465 —
`claim 3
`
`Combination otiall
`
`components and installation
`by plumber or other installer;
`Use otcompete assembly by
`homeowner or other user of
`
`Pit+Plus
`
`Acts by Franklin that
`Contribute to or Induce
`
`Direct Infringement
`
`Sale of all components of
`assembly, marketed for use as
`an infringing assembly; Sale
`of basin (with or without an
`installed Float or ECM
`
`assembly) designed
`specifically for use as an
`infringing assembly;
`Instructions to install and
`
`operate completed intringirtg
`assembly (sec Pit I Plus
`Installation Guide in
`
`Appendix D)
`
`Sale of all components of
`assembly, marketed for use as
`an infringing assembly; Sale
`of basin (with or without an
`installed Float or ECM
`
`assembly, and with our
`without a pump) designed
`specitically for Lise as an
`infringing assembly;
`instructions to install and
`
`operate completed i1tf1‘iI1giItg
`assembly (see Pit+Plus
`Installation Guide in
`
`Appendix D)
`
`Sale of all components of
`assembly, marketed for use as
`an infringing, assembly; Sale
`of basin (with or without an
`installed Float or ECM
`
`assembly) designed
`specifically for use as an
`infringing assembly;
`Instructions to install and
`
`operate completed infringing
`assembly (see l’it-I-Plus
`Installation Guide in
`
`Appendix D)
`
`V...)
`
`Franklin Electric Co., Inc.
`
`Exhibit 1027, Page 3
`
`

`
`Patent and Claim
`
`Direct Infringement
`
`US. Patent No. 8,888,465
`claim?
`
`Combination of all
`
`components and installation
`
`by plumber or other installer;
`Use of compete assembly by
`homeowner or other user 0 1"
`
`Pit+Plus
`
`Acts by Franklin that
`Contribute to or Induce
`
`Direct Infringement
`
`Sale of all components of
`assembly, marketed for use as
`an int'ringing assembly; Sale
`of basin (with or without an
`installed Float or ECM
`
`assembly) designed
`specifically for use as an
`infringing assembly;
`Instructions to install and
`
`operate completed infringing
`assembly [see Pit+Plus
`lnstallation Guide in
`
`Appendix D)
`
`(e)
`
`LITERAL INFRINGEMENT OR BY l)0C'l‘RINE OF EQUIVALENTS
`
`Based on presently available information, Libcrty Pumps contends that each limitation of
`
`cach asscrtcd claim is literally present in the Accused lnstrumentality. Liberty reserves its right
`
`to assert
`
`inlringctnettt under the doctrine oi" equivalents in response to any non-infringement
`
`Contention asserted by Franklin, any claim construction argument. or
`
`the Court’s claim
`
`constructions.
`
`(I)
`
`PRIORITY DATE FOR EACH /\SSER'I‘El) CLAIM
`
`Liberty Pumps identities the following priority dates for each asserted claim:
`
`Patent and Claim
`
`Priority Date
`
`U.S. Patent No. 8,523,532 -- claim 2
`
`April 2, 2009
`
`US. Patent No. 8,523,532 -— claim 13
`
`April 2, 2009
`
`l..l.S. Patent No. 8,888,465 — claim 3
`
`April 2, 2009
`
`U.S. Patent No. 8,888,465 — claim T
`
`April 2, 2009
`
`Franklin Electric Co., Inc.
`
`Exhibit 1027, Page 4
`
`

`
`(g)
`
`PRACTICING THE CLAIMED INVENTION
`
`Based on presently available information, Liberty Pumps does not presently assert that
`
`any of its own products practices the invention claimed by either the ’532 patent or the ‘465
`
`patent.
`
`(h) WILLFUL INFRINGEMENT
`
`Liberty Pumps asserts that
`
`l71'anklin’s infringement
`
`is willful based on the following
`
`bases:
`
`0
`
`Franklin had actual knowledge of the ‘S32 Patent.
`
`- Despite its knowledge of the ‘S32 Patent, Franklin made, used, sold, and ot‘l"ered for sale
`
`Little Giant Pit+Plus products that infritiged one or more claims ofthe ‘S32 patent.
`
`0
`
`Franklin had actual knowledge of the ’465 Patent.
`
`- Despite its knowledge 01‘ the ‘-465 Patent, Franklin made, used, sold, and ot’t'ered for sale
`
`Little Giant Pit+l-"lus products that infringed one or more claims of the 3465 patent.
`
`Liberty reserves its right to supplement its disclosure pursuant to Local Patent 3. I (h) at or
`
`prior to the close offaet discovery.
`
`Dated: Pittsford, New York
`M‘.-1yl8, 2016
`
`HARRIS Bl'~lACl'-l PLLC _
`,
`_-"'
`
`/’
`
`Neal [...Slit1<in
`
`Laura W. Smalley
`Steven P. Nonkes
`
`A!fomcys_fE)r Pfainrtffl‘
`99 Garnsey Road
`l’ittsl'ord, NY 14534
`(585) 419-8800 (Telephone)
`(585) 419-8801 (Facsimile)
`nsz’.f'fkiJ1(t_z}h.:rrr'i.s'bec:ch. corn‘
`!.s'n1aHey@ilz.»:m'i.s'beaCh. com
`.s‘nr)nke.s'@hc'u'ri.s't')ec:eh. com
`
`Franklin Electric Co., Inc.
`
`Exhibit 1027, Page 5
`
`

`
`APPENDIX A
`
`Franklin Electric Co., Inc.
`
`Exhibit 1027, Page 6
`
`APPENDIX A
`
`

`
`PIT+PLUS®
`
`PREMIUM SIMPLEX SYSTEMS
`
`Welcome to the most advanced and contractor-friendly sewage basin in
`the industry! The redesigned Pit+Plus® basin features a separate pump
`and ECM™ (External Control Module) switch access cover, while
`incorporating molded-in discharge and vent ports for simplified
`service and installation. This allows the contractor to access the
`pump and/or switch independently without disruption to the
`plumbing connections, saving time, money, and mess.
`
`littlegiant.com
`
`Patent Pending
`
`

`
`PIT+PLUS® PREMIUM SIMPLEX SYSTEMS
`FEATURES
`
`Functional and Asthetic Finished Cover
`
`Pump Access Cover
`
`Recessed Discharge and Vent Location
`
`Independent Recessed Switch Module
`
`Monolithic Molded Basin Top
`
`Switch Cord Grips and Locators for
`Directional Control
`
`New Switch! Introducing the new ECM™ for added reliability. The
`ECM™ (External Control Module) uses a ‘bell’ inside the basin to monitor
`liquid level for operation of a switch outside the basin (in the cover)
`and isolated from liquid. This reduces any chance of water intrusion,
`which can result in switch failure. No moving switch parts inside the
`basin eliminates failure from ‘hang-ups’.
`Always Included:
` ƒ Molded inlet hub
` ƒ Molded anti-torque stops
` ƒ 360° molded handle
` ƒ Integrated anti-flotation collar
` ƒ Stainless steel fasteners
` ƒ Optional alarm versions
`
`PIT+PLUS® JR.
`Model No.
`Item No.
`9JF2V2D
`509673
`9JF2V2DA1
`509674
`9JF2V2DA3
`509675
`9JF2V3D
`509676
`9JF2V3DA1
`509677
`9JF2V3DA3
`509678
`9JF3V2D
`509679
`9JF3V2DA1
`509680
`9JF3V2DA3
`509681
`9JF3V3D
`509682
`9JF3V3DA1
`509683
`9JF3V3DA3
`509684
`9JP2V2D
`509687
`9JP2V2DA1
`509688
`10JF2V2D
`511673
`10JF2V2DA1
`511674
`10JF2V2DA3
`511675
`10JF2V3D
`511676
`10JF2V3DA1
`511677
`10JF2V3DA3
`511678
`10JF3V2D
`511679
`10JF3V2DA1
`511680
`10JF3V2DA3
`511681
`10JF3V3D
`511682
`10JF3V3DA1
`511683
`10JF3V3DA3
`511684
`10JP2V2D
`511687
`10JP2V2DA1
`511688
`Note: Check valve not included.
`
`Vent
`2"
`2"
`2"
`2"
`2"
`2"
`3"
`3"
`3"
`3"
`3"
`3"
`2"
`2"
`2"
`2"
`2"
`2"
`2"
`2"
`3"
`3"
`3"
`3"
`3"
`3"
`2"
`2"
`
`Discharge
`2"
`2"
`2"
`3"
`3"
`3"
`2"
`2"
`2"
`3"
`3"
`3"
`2"
`2"
`2"
`2"
`2"
`3"
`3"
`3"
`2"
`2"
`2"
`3"
`3"
`3"
`2"
`2"
`
`Switch Type
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`ECM
`ECM
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`ECM
`ECM
`
`Alarm
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`
`Hp
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`
`Basin Assemblies
`Model No.
`Vent
`Item No.
`PPJ2V2D
`2"
`513615
`PPJ2V3D
`2"
`513616
`PPJ3V3D
`3"
`513617
`PPJ3V2D
`3"
`513618
`Note: Pump and switch assembly not included.
`
`Discharge
`2"
`3"
`3"
`2"
`
`

`
`PIT+PLUS® SR.
`Model No.
`Item No.
`9SF2V2D
`509661
`9SF2V2DA1
`509662
`9SF2V2DA3
`509663
`9SF2V3D
`509664
`9SF2V3DA1
`509665
`9SF2V3DA3
`509666
`9SF3V2D
`509667
`9SF3V2DA1
`509668
`9SF3V2DA3
`509669
`9SF3V3D
`509670
`9SF3V3DA1
`509671
`9SF3V3DA3
`509672
`9SP2V2D
`509685
`9SP2V2DA1
`509686
`10SF2V2D
`511661
`10SF2V2DA1
`511662
`10SF2V2DA3
`511663
`10SF2V3D
`511664
`10SF2V3DA1
`511665
`10SF2V3DA3
`511666
`10SF3V2D
`511667
`10SF3V2DA1
`511668
`10SF3V2DA3
`511669
`10SF3V3D
`511670
`10SF3V3DA1
`511671
`10SF3V3DA3
`511672
`10SP2V2D
`511685
`10SP2V2DA1
`511686
`Note: Check valve not included.
`
`PERFORMANCE
`
`Vent
`2"
`2"
`2"
`2"
`2"
`2"
`3"
`3"
`3"
`3"
`3"
`3"
`2"
`2"
`2"
`2"
`2"
`2"
`2"
`2"
`3"
`3"
`3"
`3"
`3"
`3"
`2"
`2"
`
`Discharge
`2"
`2"
`2"
`3"
`3"
`3"
`2"
`2"
`2"
`3"
`3"
`3"
`2"
`2"
`2"
`2"
`2"
`3"
`3"
`3"
`2"
`2"
`2"
`3"
`3"
`3"
`2"
`2"
`
`Switch Type
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`ECM
`ECM
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`Float
`ECM
`ECM
`
`Alarm
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`Indoor/Outdoor
`−
`Indoor
`
`Hp
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`4/10
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`1/2
`
`Basin Assemblies
`Model No.
`Vent
`Item No.
`PPS2V2D
`2"
`513611
`PPS2V3D
`2"
`513612
`PPS3V3D
`3"
`513613
`PPS3V2D
`3"
`513614
`Note: Pump and switch assembly not included.
`
`Discharge
`2"
`3"
`3"
`2"
`
`FLOAT AND ECM™ ASSEMBLIES
`
`Float Assemblies
`Description
`Senior Float Assy, No Alarm Hardware
`Senior Float Assy, W/Alarm Hardware
`Junior Float Assy, No Alarm Hardware
`Junior Float Assy, W/Alarm Hardware
`
`Model No.
`PPSFNA
`PPSFWA
`PPJFNA
`PPJFWA
`
`ECM™ Assemblies
`Description
`Senior ECM Assy, No Alarm Hardware
`Senior ECM Assy, W/Alarm Hardware
`Junior ECM Assy, No Alarm Hardware
`Junior ECM Assy, W/Alarm Hardware
`
`Model No.
`PPSENA
`PPSEWA
`PPJENA
`PPJEWA
`
`Item No.
`513631
`513632
`513633
`513634
`
`Item No.
`513635
`513636
`513637
`513638
`
`Float
`
`ECM™
`
`01234567
`
`METERS
`
`LPM
`0
`
`100
`
`200
`
`300
`
`400
`
`10SN
`
`9SN
`
`0
`CAPACITY - GPM
`
`20
`
`40
`
`60
`
`80
`
`100
`
`120
`
`30
`
`25
`
`20
`
`15
`
`10
`
`5
`
`0
`
`HEAD - FEET
`
`

`
`
`
`
`
`LittleGIAN1:
`
`996754 03-15
`
`996754 03-15
`
`littlegiant.com
`
`|ilt|egianl.com
`
`® Franklin Electric
`
`Franklin Electric Co., Inc.
`
`Exhibit 1027, Page 10
`
`

`
`APPENDIX B
`
`Franklin Electric Co., Inc.
`
`Exhibit 1027, Page 11
`
`APPENDIX B
`
`

`
`U.S. Patent No. 8,523,532
`
`Liberty asserts claims 2 and 13.
`
`2. A basin assembly for
`receiving a liquid, the basin
`assembly comprising:
`
`Liberty contends the preamble limits the claim to assemblies that
`include a basin, but that the remainder of the preamble is not
`limiting
`
`The Little Giant Pit+Plus
`includes a basin.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 1
`
`

`
`a) a one piece molded body
`comprising a bottom wall and a
`side wall defining a volume for
`receiving a liquid,
`
`The Little Giant Pit+Plus
`includes a one piece molded
`body comprising a bottom wall
`and a side wall defining a
`volume for receiving a liquid.
`
`The interior of the one piece
`molded body is the volume for
`receiving a liquid.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 2
`
`

`
`the volume having an inner
`circumference, and
`
`In the Little Giant Pit+Plus, the
`volume for receiving liquid has
`an inner circumference.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 3
`
`

`
`an open top, and
`
`The Little Giant Pit+Plus
`includes an open top.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 4
`
`

`
`a hanging feature formed in a
`shelf extending in an inward
`direction from the side wall
`proximate to the open top and
`vertically above and within the
`inner circumference of the
`volume for receiving liquid,
`
`The Little Giant Pit+Plus
`includes a hanging feature
`formed in a shelf extending in
`an inward direction from the
`side wall proximate to the open
`top and vertically above and
`within the inner circumference
`of the volume for receiving
`liquid.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 5
`
`

`
`the hanging feature comprised
`of a recessed pocket formed
`around a vertical cavity; and
`
`The Little Giant Pit+Plus
`includes a hanging feature that
`comprises a recessed pocket
`formed around a vertical cavity.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 6
`
`

`
`b) a hanging member formed to
`match the hanging feature,
`
`The Little Giant Pit+Plus
`includes a hanging member that
`is formed to match the hanging
`feature.
`
`The Little Giant Pit+Plus may
`include at least “Float” or
`“ECM” types of hanging
`members.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 7
`
`

`
`The hanging member is formed
`to match the hanging feature.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 8
`
`

`
`suspended therefrom within the
`body of the basin and
`unsupported by the bottom
`wall,
`
`The Little Giant Pit+Plus
`hanging member is suspended
`from the hanging feature within
`the body of the basin and is
`unsupported by the bottom
`wall.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 9
`
`

`
`the hanging member
`comprising a flange disposed in
`the recessed pocket and an
`elongated vertical rod section
`extending downwardly from
`the hanging feature through the
`vertical cavity.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`The Little Giant Pit+Plus
`hanging member comprises a
`
`The Little Giant Pit+Plus
`hanging member comprises a
`flange disposed in the recessed
`pocket.
`
`The Little Giant Pit+Plus
`hanging member comprises an
`elongated vertical rod section
`extending downwardly from
`
`Page 10
`
`

`
`the hanging feature through the
`vertical cavity.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 11
`
`

`
`13. A basin assembly for
`receiving a liquid, the basin
`assembly comprising:
`
`Liberty contends the preamble limits the claim to assemblies that
`include a basin, but that the remainder of the preamble is not
`limiting
`
`The Little Giant Pit+Plus
`includes a basin
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 12
`
`

`
`a) a one piece molded body
`comprising a bottom wall, a
`side wall, an open top, and a
`hanging feature formed in a
`shelf extending in an inward
`direction from the side wall
`proximate to the open top;
`
`The Little Giant Pit+Plus
`includes a one piece molded
`body comprising a bottom wall,
`a side wall, an open top, and a
`hanging feature formed in a
`shelf extending in an inward
`direction from the side wall
`proximate to the open top.
`
`The Little Giant Pit+Plus
`includes a one piece molded
`body comprising a bottom wall
`and a side wall.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 13
`
`

`
`The Little Giant Pit+Plus
`includes a one piece molded
`body comprising an open top.
`
`The Little Giant Pit+Plus
`includes a one piece molded
`body comprising a hanging
`feature formed in a shelf
`extending in an inward
`direction from the side wall
`proximate to the open top.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 14
`
`

`
`b) a hanging member formed to
`match the hanging feature,
`suspended therefrom within the
`body of the basin and
`unsupported by the bottom
`wall, the hanging member
`comprising an elongated rod
`extending downwardly from
`the hanging feature;
`
`The Little Giant Pit+Plus
`includes a hanging member that
`is formed to match the hanging
`feature.
`
`The Little Giant Pit+Plus may
`include at least “Float” or
`“ECM” types of hanging
`members.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 15
`
`

`
`The hanging member is formed
`to match the hanging feature.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 16
`
`

`
`The hanging member is
`suspended from the hanging
`feature within the body of the
`basin and unsupported by the
`bottom wall.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 17
`
`

`
`The hanging member
`comprises an elongated rod
`extending downwardly from
`the hanging feature.
`
`The Little Giant Pit+Plus
`includes a top cover that is
`fastenable to the open top of
`the body.
`
`c) a top cover fastenable to the
`open top of the body; and
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 18
`
`

`
`d) a pump disposed within the
`body.
`
`The Little Giant Pit+Plus
`includes a pump disposed
`within the body.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,523,532
`Dated May 18, 2016
`
`Page 19
`
`

`
`APPENDIX C
`
`Franklin Electric Co., Inc.
`
`Exhibit 1027, Page 31
`
`APPENDIX C
`
`

`
`U.S. Patent No. 8,888,465
`
`Liberty asserts claims 3 and 7.
`
`1. A basin assembly for
`receiving a liquid, the basin
`assembly comprising:
`
`Liberty contends the preamble limits the claim to assemblies that
`include a basin, but that the remainder of the preamble is not
`limiting
`
`The Little Giant Pit+Plus
`includes a basin.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 1
`
`

`
`a. a one piece molded body
`comprising a bottom wall, a
`side wall, an open top, and a
`hanging feature formed in a
`shelf extending in an inward
`direction from the side wall
`proximate to the open top and
`comprising a recessed
`horizontal portion adjacent to a
`vertical cavity;
`
`The Little Giant Pit+Plus
`includes a one piece molded
`body comprising a bottom wall,
`a side wall, an open top, and a
`hanging feature formed in a
`shelf extending in an inward
`direction from the side wall
`proximate to the open top and
`comprising a recessed
`horizontal portion adjacent to a
`vertical cavity.
`
`The one piece molded body
`includes a bottom wall and a
`side wall.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 2
`
`

`
`The one piece molded body
`includes an open top.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 3
`
`

`
`The one piece molded body
`includes a hanging feature
`formed in a shelf extending in
`an inward direction from the
`side wall proximate to the open
`top.
`
`The hanging feature comprises
`a recessed horizontal portion
`adjacent to a vertical cavity.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 4
`
`

`
`b. a hanging member formed to
`match the hanging feature and
`suspended therefrom within the
`body of the basin, the hanging
`member comprising a
`horizontal section disposed in
`the recessed horizontal portion
`of the hanging feature and an
`elongated rod joined to the
`horizontal section and
`extending downwardly from
`the hanging feature; and
`
`The Little Giant Pit+Plus
`includes a hanging member that
`is formed to match the hanging
`feature and suspended
`therefrom within the body of
`the basin, the hanging member
`comprising a horizontal section
`disposed in the recessed
`horizontal portion of the
`hanging feature and an
`elongated rod joined to the
`horizontal section and
`extending downwardly from
`the hanging feature.
`
`The Little Giant Pit+Plus may
`include at least “Float” or
`“ECM” types of hanging
`members.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 5
`
`

`
`The hanging member is formed
`to match the hanging feature.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 6
`
`

`
`The hanging member is
`suspended from the hanging
`feature within the body of the
`basin.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 7
`
`

`
`The hanging member
`comprises a horizontal section
`disposed in the recessed
`horizontal portion of the
`hanging feature and an
`elongated rod joined to the
`horizontal section and
`extending downwardly from
`the hanging feature.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 8
`
`

`
`The hanging member includes
`a horizontal section disposed in
`the recessed horizontal portion
`of the hanging feature.
`
`The hanging member includes
`an elongated rod joined to the
`horizontal section and
`extending downwardly from
`the hanging feature.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 9
`
`

`
`c. a level switch attached to the
`hanging member.
`
`The Little Giant Pit+Plus
`includes a level switch that is
`attached to the hanging
`member
`
`The “Float” type of hanging
`member includes a “level
`control float switch.”
`
`The “ECM” type of hanging
`member includes “an advanced
`control switch.”
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 10
`
`

`
`3. The basin assembly of claim
`1, wherein the recessed portion
`of the hanging feature is a
`recessed pocket formed around
`the vertical cavity, and
`
`In addition to meeting all of the
`limitations of claim 1:
`
`The recessed portion of the
`hanging feature is a recessed
`pocket formed around the
`vertical cavity.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 11
`
`

`
`the hanging member is
`comprised of a flange disposed
`in the recessed pocket and
`joined to the elongated rod.
`
`The hanging member is
`comprised of a flange disposed
`in the recessed pocket and
`joined to the elongated rod.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 12
`
`

`
`6. The basin assembly of claim
`1, further comprising a top
`cover fastenable to the open top
`of the body.
`
`In addition to meeting all of the
`limitations of claim 1:
`
`The Little Giant Pit+Plus
`includes a top cover that is
`fastenable to the open top of
`the body.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 13
`
`

`
`7. The basin assembly of claim
`6, wherein the open top of the
`body is comprised of an
`annular flange having a flat
`region, and
`
`In addition to meeting all of the
`limitations of claim 6:
`
`The open top of the body
`includes an annular flange
`having a flat region.
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 14
`
`

`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 15
`
`

`
`the top cover is comprised of a
`perimeter including a lower
`annular edge surface fastenable
`to the annular flange.
`
`The top cover includes a
`perimeter including a lower
`annular edge surface that is
`fastenable to the annular flange
`
`Plaintiff’s Claim Charts for U.S. Patent No. 8,888,465
`Dated May 18, 2016
`
`Page 16
`
`

`
`APPENDIX D
`
`Franklin Electric Co., Inc.
`
`Exhibit 1027, Page 48
`
`APPENDIX D
`
`

`
`Pit+Plus
`Installation Guide
`
`Patent Pending
`
`

`
`Before Getting Started
`Read and follow safety instructions. Refer to product data plate(s) for additional operating
`instructions and specifications.
`
`s WARNING
`!
`This is the safety alert symbol. When you see this symbol on your pump or in this manual, look for
`one of the following signal words and be alert to the potential for personal injury:
`s WARNING
`! DANGER
`
`
`
` warns about hazards that will cause serious personal injury, death or major
`property damage if ignored.
`s WARNING
`!
`
`
` warns about hazards that can cause serious personal injury, death or
`
`major property damage if ignored.
`s CAUTION
`!
`
`
` warns about hazards that will or can cause minor personal injury or major
`property damage if ignored.
`s WARNING
`! NOTICE
`
`
` indicates special instructions which are important but not related to hazards.
`Carefully read and follow all safety instructions in this manual and on pump.
`
`s WARNING
`!
`RISK OF ELECTRIC SHOCK - This pump is supplied with a grounding conductor and grounding type
`attachment plug. To reduce risk of electric shock, be certain that it is connected only to a properly
`grounded, grounding-type receptacle. Disconnect power before servicing.
`
`This equipment should be installed by technically qualified personnel. Failure to install it in compliance
`with national and local electrical codes and within Franklin Electric recommendations may result in
`electrical shock or fire hazard, unsatisfactory performance, or equipment failure.
`
`This equipment must not be used by children or persons with reduced physical, sensory or mental
`abilities, or lacking in experience and expertise, unless supervised or instructed. Children may not use
`the equipment, nor may they play with the equipment or in the immediate vicinity.
`
`If the power cord is damaged, it must only be replaced by qualified personnel.
`
`s CAUTION
`!
`• Keep work area clean, well-lit, and uncluttered.
`• Keep safety labels clean and in good condition.
`• Wear safety glasses while installing or performing maintenance on pump.
`• Do not run pump dry. Fill pump with water before starting or pump will be damaged.
`• Make sure all ELECTRICAL POWER IS OFF before connecting any electrical wires.
`
`

`
`Table of Contents
`
`Before Getting Started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
`
`Features . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
`
`Start Up Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
`
`Troubleshooting Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
`
`Replacement Parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
`
`Pit+Plus Jr . with ECM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
`
`Pit+Plus Jr . with Floats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
`
`Pit+Plus Sr . with ECM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
`
`Pit+Plus Sr . with Floats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
`
`ECM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
`
`Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
`
`Warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
`
`

`
`Features
`
`3
`
`1
`
`2
`
`4
`
`5
`
`7
`6
`
`8
`
`Finish Cover (1) - A finish cover is provided with each basin to help protect the basin top from
`construction debris during installation. After basin installation, the cover can be removed for
`cleaning then reinstalled for a clean and finished look.
`
`Finish Flange Bolts (2) – Two flange bolts are provided to secure the finish cover.
`
`Float Controls Cover (3) - The controls cover allows access to level control float switch and
`optional alarm.
`
`External Control Module (ECM™) (4) - The optional ECM™ is an advanced control switch for a
`sewage basin.
`
`Pump Access Cover (5) - The pump access cover allows access to pump for removal and
`installation. Removal of the access cover also allows the installer to monitor operation of the level
`control float switch and the optional alarm float switch during installation or service.
`
`Discharge and Vent Pipe Slip-Fit Connections (6 & 7) - The basin assembly is supplied
`pre-plumbed with schedule 80 PVC discharge and vent pipe ready for immediate connection
`to plumbing.
`
`External Intake Hub (8) - Designed for a standard 4" slip-fit connection allowing for
`easy installation.
`
`4
`
`Pit+PlusTM Premium Simplex Package Systems
`
`

`
`Start Up Procedure
`Step 1
`Remove finish cover and set aside.
`
`Step 2
`Remove bolts and washers from pump access cover and set cover aside.
`
`Step 3
`Observe position of pump. The pump should be upright with standoff feet located within the three
`(3) integral torque stops (Figure 1).
`
`Figure 1
`
`Step 4
`Verify that the pump discharge pipe is securely connected to the exit pipe (inside the basin) with
`the flexible coupling. If the pump is not in the correct position or the discharge pipe is detached,
`reposition pump with pump legs located within the three torque stop features (raised molded
`features on the bottom of the basin) and reconnect discharge pipe to exit pipe with flexible
`coupling and band clamps.
`
`Step 5
`Examine level control float switch and optional alarm float (if included). Verify the float pole is
`secured to bottom of control cover and there are no obstructions that might interfere with the
`operation of the level control float switch or alarm float switch.
`
`Figure 2
`
`Note: The float pole assembly (Figure 2) is assembled at the factory to specifications for optimal
`operation. The cord grips are installed for the primary and alarm float (if equipped) tethered at
`specified length(s). Changing the length(s) could result in system failure. Reference the float switch
`and/or alarm switch instruction manual for additional installation and operation information.
`
`5
`
`Pit+PlusTM Premium Simplex Package Systems
`
`

`
`Step 6
`External Level Control Option - If the basin is equipped with an External Control Module (ECM™),
`verify that the sensor tube extending from bottom of control module (Figure 3) is not damaged.
`
`Figure 3
`
`Note: The cord/plug for the ECM™ (Figure 3) must be unobstructed at the plug end, to allow for air
`to pass through the vent tube.
`
`Step 7
`Remove temporary pipe caps from the vent and discharge pipes.
`
`Once the