Case 2:10-cv-02886-CDJ Document 1 Filed 06/16/10 Page 1 of 12
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`Arkema Exhibit 1073
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`platforms beginning in 201i, and in all new cars starting in 2017. The current refrigerant in use
`
`in automobile air—conditioning systems, a refrigerant called HFC-134a, does not meet the EU
`
`Directive.
`
`4.
`
`A replacement refrigerant with a low global warming potential called
`
`HFO-l234yf, also known as R-l234yf, or simply l234yf, has become the de facto standard
`
`refrigerant in Europe and the United States to meet the EU Directive.
`
`5.
`
`Arkema has offered l234yf for sale to automobile manufacturers in the
`
`U.S. Arkerna seeks to increase its production, and to import, offer for sale, and sell i234yf to
`
`automobile manufacturers and suppliers of replacement parts in the US, without the cloud of a
`
`potential claim by Honeywell for infringement of the Honeywell patents.
`
`6.
`
`In response to such efforts in Europe, Honeywell filed a patent
`
`infringement suit in Germany against Arlcema GmbI~I, and Arl<ema’s parent holding company,
`
`Arkema S.A. This confirms that Honeywell will sue Arlrerna in the U.S. for infringement if
`
`Arkerna imports into the United States, or seeks to offer for sale or sell in the United States,
`
`l234yf to automobile manufacturers and suppliers of replacement parts.
`
`7.
`
`Arkerna seeks a declaratory judgment that the claims of United States
`
`Patent No. 7,279,451 (the “’45l patent”) and United States Patent No. 7,534,366 (the ‘"366
`
`patent”) (collectively, “the Honeywell patents”) are invalid. The ’451 patent is attached as
`
`Exhibit l to this Complaint, and the ’366 patent is attached as Exhibit 2. Arkerna further seeks a
`
`declaratory judgment that its manufacture, use, sale, offer for sale, or importation of the
`
`refrigerant HFO-l234yf will not infringe, either directly or indirectly, any valid claim of either of
`
`the Honeywell patents.
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`8.
`
`The claims of the Honeywell patents relate to a “heat transfer
`
`composition” containing fluoroall<ene—based refrigerants, including 1234yf. The claims of the
`
`Honeywell patents are invalid, for example, as anticipated and/or obvious in light of at least two
`
`prior art publications that expressly disclose the use of the same refrigerant claimed in the
`
`Honeywell patents in heat transfer compositions: a Japanese patent application published in
`
`1992 by a Japanese airvconditioning system manufacturer and a Russian patent published in
`
`1997.
`
`9.
`
`Due to the deadlines in the EU Directive and other environmental
`
`regulations, automobile manufacturers in the U.S. are currently looking to enter multiyear supply
`
`contracts with chemical manufacturers, like Arkema, for the supply of l234yf. if Arkema is not
`
`able to resolve the issues of validity and infringement of the Honeywell patents promptly,
`
`Arkerna will not be able to supply 12343/f to automobile manufacturers and suppliers of
`
`replacement parts in the U.S. in time.
`
`PARTIES
`
`l0.
`
`Arkema Inc. is a corporation organized and existing under the laws of
`
`the Commonwealth of Pennsylvania with a principal place of business at 2000 Market Street,
`
`Philadelphia, Pennsylvania. Arkema Inc. is a diversified chemicals manufacturer of industrial
`
`chemicals and performance products. Arkema Inc. manufactures and sells automotive
`
`refrigerants, among other things.
`
`1 1.
`
`Arkema France is a société anonyme organized and existing under the
`
`laws of France with a principal place of business at 420 rue d'Estienne cl'Orves, 92705 Colombes,
`
`France. Arkema France is a diversified chemicals manufacturer of industrial chemicals and
`
`performance products. Arkerna France also manufactures and sells automotive refrigerants,
`
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`among other things. Arkema France and Arkerna Inc. are affiliates, indirectly owned by the
`
`same parent, Arkerna S.A.
`
`l2.
`
`Honeywell is a corporation organized and existing under the laws of the
`
`state of Delaware with a principal place of business at EOE Columbia Road, Morristown, New
`
`Jersey 07962. Honeywell is a diversified technology and manufacturing company, engaged in
`
`providing commercial, government and military customers worldwide with aerospace products
`
`and services, control, sensing and security technologies, turbochargers, automotive products,
`
`specialty chemicals, electronic and advanced materials, and process technology for refining and
`
`petrochemicals, among others. Among its principal plants is a Special Materials plant in
`
`Pottsville, Pennsylvania, located in thisjudicial district.
`
`JURISDICTION AND VENUE
`
`13.
`
`This Court has subject matterjurisdiction pursuant to 28 U.S.C. §§
`
`1331, l338(a), and the Declaratory Judgment Act, 28 U.S.C. §§ 220142202.
`
`14.
`
`This Court may declare the rights and other legal reiations of the parties
`
`pursuant to 28 U.S.C. §§ 220l~2202 because this is a case of an actual and justiciable
`
`controversy within the Courfsjurisdiction.
`
`15.
`
`The Court has personal jurisdiction over Honeywell because it regulariy
`
`conducts business in, and has regular and systematic contacts with, the Commonwealth of
`
`Pennsylvania, including thisjudiciai district.
`
`i6.
`
`Venue is proper in this Court under 28 U.S.C. §§ 1391 (b)(i), (c) and §
`
`l400(b). Defendant Honeyweil transacts and is registered to do business in and is found within
`
`this judicial district. Plaintiff Arkema Inc. resides in this judicial district.
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`AN ACTUAL AND JUSTICIABLE CONTROVERSY EXKSTS
`
`E7.
`
`Honeywell’s conduct demonstrates that it will seek to prevent Aricema
`
`from manufacturing, importing, offering for sale or selling l234yf by alleging infringement of
`
`the claims of the ’45l and ’366 patents, as well as other patents held by Honeywell around the
`
`world. Honeyweli’s actions and course of conduct have caused a reasonable apprehension of
`
`suit on the part of Aritema.
`
`18.
`
`Accordingiy, a declaration concerning the invalidity and/or
`
`noninfringement of the claims of the Honeywell patents is necessary in light of the present
`
`controversy between the parties.
`
`19.
`
`On November 13, 2009, Honeyweli filed suit against Arkema’s parent,
`
`Arkerna S.A., and Arkema’s German sister company, Arkema Gmbll, in Germany on European
`
`Patent No. 1,716,216, which is a counterpart to the Honeywell patents that are the subject of the
`
`present complaint. In that suit, Honeywell alleged that Arkerna S.A. and Arkema Gmbii are
`
`liable for indirect infringement of I-1oneywell’s European patent for the sale or offer for sale of
`
`1234yf to automobile manufacturers and suppliers of replacement parts.
`
`20.
`
`Arkerna expects to be confronted with simiiar allegations from
`
`Honeywell in the United States over the related Honeywell patents in the US.
`
`21.
`
`An English translation of Honeyweli’s allegations from the German
`
`patent infringement action confirms that there is an actual controversy between Honeywell and
`
`Furthermore, {Honeywell} learnt that [Arkerna SA. and Arkema
`GmbH] already offer [Honeywell’s] HFO—1234yf for the use in
`automobile air conditioning systems in Germany.
`In the year 2009
`[Honeywell] and other automobile suppliers received requests for
`the submission of offers from large automobiie manufacturers, for
`making formal offers for the early delivery of I-1FO—l234yf to
`
`Arkema:
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`German automobile manufacturers starting from 201 1.
`[Honeywell] was informed that - in response to these requests —
`one company from [Arl<ema’ s] consortium actually offered, at
`least in one case, to deliver HFO-l234yf for the automobile
`producing industry in Germany. .
`.
`.
`.
`'
`
`>l<
`
`#4
`
`>!<
`
`With the offer of their HFO~i234yf {Arkema S.A. and Arkema
`Gmbll] commit indirect patent infringement according to §10(l) of
`the Patent Act.
`
`22.
`
`Arl<ema’s customers are seeking to purchase 123-4yf for use in
`
`automotive air-conditioning systems. Numerous automobile manufacturers and suppliers of
`
`replacement parts in the United States and Europe have requested Arkema to supply l23-’-lyf to
`
`them for use in automotive air-conditioning systems.
`
`23.
`
`Arkema has already imported 12343/f into the U.S. and supplied
`
`samples of 1234)/f to car manufacturers in the U.S. Arkema believes that Honeywell will
`
`contend that such importation and supply infringe the claims of the Honeywell patents.
`
`24.
`
`Arkema has also responded to at least one request from a US.
`
`automobile manufacturer offering a firm price quotation for the supply of 1234yf in the United
`
`States. Arkema is in the process of responding to other requests for quotations to supply 1234)/f
`
`to automobile manufacturers.
`
`2,5.
`
`Arkema has sought, and continues to seek, to compete with Honeywell
`
`for supplying 1234yf to automobile manufacturers and suppliers of replacement parts. Arkema
`
`manufactures and sells other refrigerants for use in automotive ainconditioning systems, and has
`
`the expertise and financial capability to manufacture and sell l234yf.
`
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`26.
`
`The i234yf product that Arkerna has made and desires to make
`
`commercially is sufficiently defined in order to adjudicate a ciairn of patent infringement of the
`
`claims of the Honeywell patents.
`
`27.
`
`Arkema has a reasonable expectation that Honeywell will sue Arkerna
`
`for infringement of the Honeyweli patents if Arkema seils or offers to seli i234yf to automobile
`
`manufacturers and suppliers of replacement parts in the United States, or manufactures in or
`
`imports into the United States 123-fiiyf for sale to automobile manufacturers and suppliers of
`
`replacement parts.
`
`28.
`
`Arkerna presently is being harmed by the uncertainty surrounding the
`
`I-Ioneyweli patents. This lawsuit would allow Arkerna to achieve certainty with regard to the
`
`patent situation in the United States.
`
`29.
`
`The controversy between the parties concerning the infringement and
`
`validity of the ’45l patent and the ‘.366 patent is real and concrete.
`
`THE HONEYWELL PATENTS
`
`30.
`
`According to the records of the US. Patent and Trademark Office
`
`(“Patent Office”), Honeywell is the owner of the ’366 patent, entitled “Compositions Containing
`
`Fluorine Substituted Olefins.” On its face, the ‘.366 patent purports to have issued on May 19,
`
`2009 from Patent Application No. 10/694,273 (the “’273 appiication”), filed October 27, 2003.
`
`31.
`
`The ’366 patent iists Raj iv R. Singh, Hang T. Pham, David P. Wilson,
`
`Raymond H. Thomas, and Ian Shankland as inventors.
`
`32.
`
`According to the records of the Patent Office, Honeyweli is the owner
`
`of the ’45l patent, entitled “Compositions Containing Fluorine Substituted Oiefins.” On its face,
`
`the ’45i patent purports to have issued on October 9, 2007 from Patent Application No.
`
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`l0/'83’/3525 (the “S25 application”), filed April 29, 2004 as a continuation-in-part of the ’273
`
`application.
`
`as inventors.
`
`33.
`
`The ’45l patent lists Raj iv R. Singh, Hang T. Pham, and Ian Shankland
`
`TI-IE ’45§. AND ’366 PATENTS ARE INVALID
`
`34.
`
`The claims of the ’45l and ’366 patents are invalid for failure to comply
`
`with the requirements for patentability set forth in 35 U.S.C. §§ l er.‘ seqn, including §§ i0i, 102,
`
`103 and/or H2.
`
`35.
`
`The broadest claim of the ’45l patent covers a heat transfer composition
`
`comprising from about 5 to 99% by weight of a broad class of refrigerants, including l234yf.
`
`36.
`
`The broadest claim of the ’366 patent covers a heat transfer composition
`
`comprising at least 50% by weight of l234yf and at least one poly alkylene glycol lubricant.
`
`37.
`
`l234yf was known for use as a refrigerant in heat transfer compositions
`
`prior to 2002.
`
`38.
`
`Low GWP is an inherent property of fluoroail<ene~based refrigerants
`
`that was well known by 2002.
`
`39.
`
`In automotive air-conditioning systems, refrigerants, including l234yf,
`
`must be used with a lubricant for normal operation.
`
`40.
`
`At least 1% by weight of lubricant must be used with the refrigerant in
`
`the heat transfer composition in an air—conditioning system.
`
`41.
`
`At least 5% by weight of l234yf must be used in the heat transfer
`
`composition in automotive air-conditioning systems in which 1234yt" is used as the refrigerant.
`
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`42.
`
`Poly alkylene glycol lubricants were commercially available and widely
`
`used in heat transfer compositions in air—conditioning systems prior to the filing ofthe
`
`Honeywell patents.
`
`43.
`
`In 2002, nearly all of the commercially available poly alkylene glycol
`
`lubricants were in the form of a monopolymer or co-polymer consisting of 2 or more
`
`oxypropylene groups and having a Viscosity of from about 10 to about 200 centistokes at 37° C.
`
`44.
`
`The claims of the Honeywell patents are anticipated and/or rendered
`
`obvious by at least two prior art publications, discussed below, which eiipressly disclose the use
`
`of 1234)/f in heat transfer compositions.
`
`45.
`
`Japanese Patent Application No. J? 4i I03 88 (“Dail<in”) was published
`
`on April 10, 1992, and is prior art to the Honeywell patents under 35 U.S.C. § l02(b). Daikin is
`
`entitled “Fluid for Heat Transfer Purposes.”
`
`46.
`
`Daikin discloses refrigerants including l234yf. Daikin also discloses
`
`that 1234)/f can be mixed with other refrigerants or lubricants.
`
`47.
`
`Russian Patent No. 2,073,058 C1 to Podchernjaev at at. (the “RU ’058
`
`patent”) was published on February 10, 1997, and is prior art to the Honeyweil patents under 35
`
`U.S.C. § l02(b). The RU ‘O58 patent is entitied “Ozone—Noninjurious Working Fluid.”
`
`48.
`
`The RU ’058 patent expressly discloses heat transfer compositions
`
`comprising 12343/f.
`
`49.
`
`The RU ’0S8 patent also specifically discloses the use of l234yf as a
`
`heat transfer composition for use in refrigeration applications, and that the composition can
`
`include between 1 to 94% by weight of 123-4yf.
`
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`FIRST CLAIM FOR RELIEF
`
`(Declaratory Judgment of Invalidity of the ’45l Patent)
`
`50.
`
`Arkema repeats and realleges all of the allegations in all of the
`
`paragraphs above as though fully set forth herein.
`
`5 I.
`
`The claims of the ’45l patent are invalid for failure to comply with one
`
`or more of the requirements for patentability set forth in Title 35 of the US. Patent Code,
`
`including 35 U.S.C. §§ 1 et seq.
`
`52.
`
`Arkema is entitled to ajudlcial declaration that each of claims I to 50 of
`
`the ’45l patent is invalid.
`
`SECOND CLAIM FOR RELIEF
`
`(Declaratory Judgment of Invalidity of the ’366 Patent)
`
`53.
`
`Arkema repeats and realleges all of the allegations in all of the
`
`paragraphs above as though fully set forth herein.
`
`54.
`
`The claims of the ’366 patent are invalid for failure to comply with one
`
`or more of the requirements for patentability set forth in Title 35 of the U.S. Patent Code,
`
`including 35 U.S.C. §§ l et seq.
`
`55.
`
`Arkema is entitled to a judicial declaration that each of claims I to 25 of
`
`the ’366 patent is invalid.
`
`THIRD CLAIM FOR RELIEF
`
`(Declaratory Judgment of Noninfringement of the '45 1 Patent)
`
`56.
`
`Arkema repeats and realleges all of the allegations in all of the
`
`paragraphs above as though fully set forth herein.
`
`10 of 37
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`S7.
`
`Arkerna’s manufacture, use, sale, offer for sale, or importation of
`
`l234yf will not infringe any valid claim of the ’45l patent, directly or indirectly, either literally
`
`or by the doctrine of equivalents.
`
`S8.
`
`Arkerna is entitled to ajudicial declaration of noninfringernent of the
`
`claims of the ’451 patent.
`
`FOURTH CLAIM FOR RELlEF
`
`(Declaratory Judgment of Noninfringernent of the ’366 Patent)
`
`59.
`
`Arkema repeats and realleges all of the allegations in all of the
`
`paragraphs above as though fully set forth herein.
`
`60.
`
`Arl<ema’s manufacture, use, sale, offer for sale, or importation of
`
`l234yf will not infringe any valid claim of the ’366 patent, directly or indirectly, either literally
`
`or by the doctrine of equivalents.
`
`61.
`
`Arkema is entitled to a judicial declaration of noninfringernent of the
`
`claims of the ’366 patent.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Arkema requests that the Court:
`
`a.
`
`b.
`
`c.
`
`declare that each claim of the ’451 patent is invalid;
`
`declare that each claim of the ’366 patent is invalid;
`
`declare that Arkerna does not infringe any valid claim of the ’45l patent,
`
`either directly or indirectly;
`
`d.
`
`declare that Arkema does not infringe any valid claim of the ‘E366 patent,
`
`either directly or indirectly;
`
`11 0f37
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`e.
`
`declare that this is an exceptional case, and award Arkerna attorneys’ fees
`
`under 35 U.S.C. § 285; and
`
`f.
`
`grant such further relief as the Court deems just and proper.
`
`Dated: June 16, 2010
`
`Conrad 0’Brien PC
`
`1515 Market Street, 16th Floor
`Philadelphia, PA 19102-1921
`(215) 864~8064 1
`
`2f%v-w»
`
`Robert N. Feitoon
`
`PA atty ID. 58197
`
`1
`
`Attorneysfor Plaintiffs Arkema Inc.
`and Arkema France
`
`Of Counsel :
`
`John M. Dii\/Iatteo
`
`Eugene L. Chang
`Michael W. Johnson
`
`Marc E. Montgomery
`WILLKIE FARR & GALLAGHER LLP
`
`787 Seventh Avenue
`
`New York, NY 10019-6099
`(212) 728~8000
`
`12 of 37
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`Case 2:10-cv-02886-CDJ Document 1-1 Filed 06/16/10 Page 1 of 1
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`ensia (Rev, men
`CIVIL COVER SHEET
`TheJS44 civil coversheetand the information contained herein neitherrefpiacenorsu plementthefiting and serviceofpleadingisorotherpapersasre uired by law, exceptas provided
`by local rules ofcourt. This form, approved by the Judicial Conference o the United tatcs in September E974, is required fort e use of‘: ie Clerk of ourt for the purpose ofinztiatmg
`the civil docket street.
`(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
`1. (a) PLAINTIFFS
`ARKEMA,
`INC . and ARKEMA FRANCE
`(b) County of Residence ofFirst Listed Plaintiff Philidelphia, PA
`(£XCEP'I' [N UVSV PLAINTWF CASES)
`
`DEFENDANTS
`INC .
`HONEYWELL INTERNATIONAL ,
`Merl:-istOwl“; NJ
`County ofResidence ofFirst Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
`LAND INVOLVED.
`
`NOTE:
`
`(C) Attorney’s (Firm Name. Address. and Telephone Number)
`Robert N. Feltoon, Esq; Conrad O'Brien PC; 1515 Market Street,
`15th Floor. Philidel hie, PA; 91024921; 215 864~8064
`H. BASIS OF
`(Place an “X" in One Box Only)
`{J 1 US. Government
`5 3 Federal Question
`Plaintiff
`(U.S. Government Not 2: Pony)
`
`AU50m5}’5 (if KNOW“)
`
`OF
`(For Diversity Cases Only)
`PTF
`D t
`Citizen ofThis State
`
`?ARTIES(Place an “X" in One Box for Plaintiff
`and One Box for Defendant}
`PTF
`DEF
`D 4
`D 4
`incorporated or Principal Place
`of Business In Tliis State
`
`DEF
`Cl
`1
`
`[J 2 U.S. Government
`D“i°"d“"‘
`
`[3 4 Diversity
`(Indicate Cilirenship ofi’a.r1ies in Item 1]!)
`
`Citizen ()fz°LI1DIl'leT State
`
`Citizen or Subject ofa
`Fcrei _ Court
`
`{J 2
`
`D 3
`
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`
`C]
`
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`‘
`"'
`‘
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`Brief description of cause:
`_
`_
`_
`_
`,
`_
`_
`‘
`_
`_
`_
`Seeking declaratory judgment of invalidity and nonintringernent under .55 U.E:.(.. go 1 et seq
`VII. REQUESTED IN
`E] CHECK tr THIS IS A CLASS ACTION
`DEMAND :9
`CHECK YES only ifdemanded in complaint:
`COMPLAINT:
`UNDER F-R.C-P- 23
`JURY DEMAND:
`D Yes
`it No
`_
`VIII. RELATED CASE(S)
`,
`,
`_
`in ANY
`“°’“ ‘"‘“‘‘‘’'‘°”‘‘)' moor.
`SIGNATURE OF ATTORNEY OF RECORD
`
`.
`
`‘DATE
`
`5/6 {I 0
`
`FOR OFFICE USE ONLY
`
` _
`
`oocxer NUMBER
`
`é
`
`-
`
`RECEEPT ii
`
`
`
` APPLYING IFP EUDGEAMOUNT MAG. JUDGE
`
`
`
`
`
`13 of 37
`
`I NAT RE OF SUT .
`D ll0 Insurance
`Cl 120 Marine
`[3 B0 Miiier Act
`E3 M0 Negotiable Instrument
`Cl 350 Recovery ofOverpayment E1
`ditlinforcernentofludgtnent
`Cl 151 Medicare Act
`Cl 152 Recovery ofDefaulted
`Student Loans
`(Exci. Veterans}
`El I53 Recovctv ofOverpaylnent
`of‘Veteran's Benefits
`D E60 Stockholders‘ Suits
`Cl 199 Other Contract
`U 195 Contract Product Liability
`Cl 196 Franchise
`5*{l?;€RE?X“J.’2*tBR¥3PEI§~ :‘~
`.; 5
`E3 210 Land Condemnation
`C] 220 Foreclosure
`0 230 Rent Lease & Ejectrnent
`['3 240 Torts to Land
`D 245 Ton Product Liability
`{'3 290 Ali Other Real Property
`
`.
`
`310 Airplane
`315 Airplane Product
`Liability
`320 Assault, Libel Sr.
`Slander
`330 Federal Employers‘
`Liabiiity
`340 Marine
`345 Marine Product
`Liabilit)’
`350 Motor Vehicle
`355 Motor Vehicle
`Product Liability
`350 Otlter Personal
`in‘
`\4‘7 I
`i
`i‘
`‘
`i
`442 Empioymenl
`443 Housing!
`Accommodations
`444 Welfare
`445 Amer. w./Disabilities —
`Employment
`446 Amer. wi’Disainilities —
`Other
`440 Other Civii Rights
`
`7
`
`‘
`
`.
`
`.. t '
`
`.
`t
`CI 6lO Agriculture
`PERSONAL INJURY
`El 620 Other Food Sc Drug
`362 i’ersorJal injury —
`Cl
`U 625 Drug Related Seizure
`Med. Malpractice
`of Property 21 USC 88]
`365 Personal injury -
`Cl
`D 630 Liquor Laws
`Product Liability
`D 640 R.R. & Truck
`D 358 Asbestos Personal
`El 650 Airline Regs.
`Injury Product
`El 660 Occupational
`Liability
`Safetyfl-Ieaitli
`PERSONAL PROPERTY
`El 690 Other
`370 Other Fraud
`“.
`‘
`3'71 Truth in Lending
`D '7 0 Fairl.
`380 Other Personal
`Act
`Propeziy Damage
`El 720 Labor.'Mgrnt. Relations
`385 Property Damage
`E3 730 Labor!Mgmt.Report:'ng
`Product Liability
`&. Disclosure Act
`5l‘?l%I?TSEll°4’E!§71¥?E<TaE—3ii§3§l§lS's E3 740 Railway Labor Act
`'?90 Other Labor Litigation
`510 Motions to Vacate
`E]
`Sentence
`D 791 Empl. Ret. Inc.
`Hebeas Corpus:
`Security Act
`530 Generai
`535 Death Penaity
`1'"-._ It {midi »' (3 . ' ‘:32?
`540 Mandamus 84', Other
`El 462 Naturalization Application
`550 Civil Rights
`I3 463 Habaas Corpus ~
`555 Prison Condition
`Alien Detainee
`El 465 Other Immigration
`Actions
`
`ET 422 Appeal 28 USC 158
`I3 423 Withdrawal
`28 USC 157
`,
`'
`'
`£1‘
`I
`Cl 820 Copyrights
`M 830 Patent
`CI 840 Trademark
`
`"-3 ‘
`
`- : I
`'
`'
`‘ 3
`'
`ti)
`C] 8
`[3 362 Black Lung (923)
`U 863 DIWC/DIWW 0105(3))
`U 864 SSID Title XVE
`
`or Defendant)
`[3 87! IRS—~Third Party
`26 USC 7609
`
`El 400 State Rcapportiomrient
`Cl 410 Aut.it:rust
`O 430 Banks and Baniting
`[J 450 Commerce
`E] 460 Deportation
`[3 470 Racketeer Influenced and
`Cormpt Organizations
`D 480 Consumer Credit
`Cl 490 CablelSat TV
`Cl BID Selective Service
`- Cl
`350 Securitiesmommoditiesf
`Exchange
`D 875 Customer Challenge
`i2 USC 3450
`D E90 Other Statutory Actions
`[3 E9} Agricuitural Acts
`C] 892 Economic Stabilization Act
`Cl 893 Environmental Matters
`£11 894 Energy Allocation Act
`El 895 Freedom ofInformation
`Act
`I3 900Appca§ ofFee Detcnnination
`Under Equal Access
`to Justice
`Cl 950 Constitutionality of
`State Statutes
`
`
`
`13 of 37
`
`

`
`Case 2:10-cv-02886-CDJ Document 1-2 Filed 06/16/10 Page 1 of 1
`Case 2:10—cv—O2886—CDJ Document 1-2 Filed 06/16/10 Page 1 of 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`CASE MANAGEMENT TRACK DESIGNATION FORM
`
`Arkema Inc. and Arkema France
`
`V.
`
`Honeywell International,
`
`Inc.
`
`CIVIL ACTION
`
`NO.
`
`In accordance with the Civil Justice Expense and Delay Reduction Ptan of this court, counsel for
`plaintiff shall complete a Case Management Track Designation Form in all civil cases at the time of
`filing the complaint and serve a copy on all defendants. (See § 1:03 of the plan set forth on the reverse
`side of this form.)
`In the event that a defendant does not agree with the plaintiff regarding said
`designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on
`the plaintiff and all other parties, a Case Management Track Designation Form specifying the track
`to which that defendant believes the case should be assigned.
`
`SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS:
`
`(a) Habeas Corpus -~ Cases brought under 28 U.S.C. § 2241 through § 2255.
`
`(b) Social Security -~ Cases requesting review of a decision of the Secretary of Health
`and Human Services denying plaintiff Social Security Benefits.
`
`(c) Arbitration - Cases required to be designated for arbitration under Local Civil Rule 53.2.
`
`(d) Asbestos »«~ Cases involving claims for personal injury or property damage from
`exposure to asbestos.
`
`(e) Special Management — Cases that do not fall into tracks (a) through (cl) that are
`commonly referred to as complex and that need special or intense management by
`the court. (See reverse side of this form for a detailed explanation of special
`management cases.)
`
`(t) Standard Management -— Cases that do not fall into any one of the other tracks.
`
`(
`
`(
`
`(
`
`(
`
`)
`
`)
`
`)
`
`)
`
`( X)
`
`(
`
`)
`
`June 16, 2010
`
`Date
`
`Robert N. Feltoon
`
`Attorney-at-law
`
`
`Arkema
`Inc,
`
`Attorney for
`
`(215) 854-8054
`
`(215)354-0064
`
`rfeltoon@conradobrien.com
`
`"’IT<;,leph0ne
`
`FAX Number
`
`E~l\/Iail Address
`
`(on. 560) 10x02
`
`14 of 37
`
`14 of 37
`
`

`
`Case 2:10-cv-02886-CDJ Document 1-3 Filed 06/16/10 Page 1 of 1
`Case 2:10—cv—O2886—CDJ Document 1-3 Filed 06/16/10 Page 1 of 1
`
`UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DESTRIC1‘ OF PENNSYLVANIA -—— DESEGNATEON FORM to be used by counsel to indicate the category of the case for the purpose of
`assignment to appropriate calendar.
`
`Address of Plaintiff:
`
`Address ot”DcfcncIant:103_ Columgia Road, Morristovm, New gersegg 07962
`
`Place of Accident, Incident or Transaction: Phi it ade lghi a, PA
`(Use Reverse Side For Additional Space)
`
`Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation owning 10% or more of its stock‘?
`(Attach two copies of the Disclosure Statement Form in accordance with Fcd.R.Civ.?. 7.1 (a))
`Yes I3 No]:
`
`
`Does this case involve multidistrict litigation possibilities?
`RELATED CASE. IF ANY:
`
`Case Number:
`Judgc
`
`Date Terminated:
`
`Yeslll
`
`New
`
`
`
`Civil cases are deemed rotated when yes is answered to any of the following questions:
`
`1.
`
`Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in this court‘?
`Ycslil Neg
`2. Does this case involve the same issue of fact or grow out ofthc same transaction as a prior suit pending or within one year previously terminated
`action in this court?
`
`3. Does this case involve the validity or infringement of a patent already in suit or any earlier numbered case pending or within one year previously
`terminated action in this coult?
`Yes [3
`N053
`
`Yes [:1
`
`N055
`
`4.
`
`Is this case a second or successive habeas corpus, social security appeal, or pro se civil rights case filed by the same individual?
`Neg
`Yes D
`
`CEVIL: (Place I?’ in ONE CATEGORY ONLY)
`A. Federal Question Cases:
`1.
`I33
`Indemnity Contract, Marine Contract, and Ali Other Contracts
`2.
`E1 FELA
`
`B. Diversity Jurr'sdicn'on Cases:
`1.
`[3 Insurance Contract and Other Contracts
`2. E3 Aérpianc Personal Injury
`
`3. El Jones Act-Pcrsonallnjury
`4. D Antitrust
`
`5. 8: Patent
`
`6. Cl Labor-Management Relations
`
`7. Ci CivilRights
`
`8.
`
`iii! Habeas Corpus
`
`9. El Securities Act(s) Cases
`
`10. E‘: Social Security Review Cases
`
`1 1. B All other Federal Question Cases
`(Please specify)
`
`E3 Assauit, Defamation
`3.
`4. D Marine Personal injury
`
`5. Li Motor Vchicic Personal injury
`
`6. Cl Other Personal Injury (Please
`specify)
`
`'7.
`
`E3 Products Liability
`
`.
`
`I3 Products Liability-—Asbestos
`
`9. D All other Diversity Cases
`
`(Please Specify)
`
`ARBITRATION CERTIF¥CATION
`{Check Appropriate Category)
`, counsel of record do hereby certify:
`E, Robert: N. Fel coon
`D Pursuant to Local Civil Rule 53.2, Section 3(c){2), that to the best of my knowledge and belief, the damages recoverable in this civil action ease exceed the sum of
`$150,000.00 exclusive ofintcrest and costs;
`£1 Relief other than monetary damages is sought.
`
`
`
`DATE: qua {IO 53497
`
`Attomcy l.D.#
`Attorney-at-Law
`NOTE: A trial de new will be a trial byjury only ‘sfdierc has been compliance with F.R.C.P. 38.
`
`
`I certify that, to my knowledge, the within case is not related to any case now pending or within one year previously terminated action in this court
`except as noted above.
`DATE:
`6-‘(I65/0
`
`21
`
`Attorney-at-Law
`
`S§l97
`Attorney I.I).#
`
`CW. 609 (6IO8)
`15 of 37
`
`15 of 37
`
`

`
`Case 2:10-cv-02886-CDJ Document 1-4 Filed 06/16/10 Page 1 of 13
`
`EXHIBIT 1
`
`16 of 37
`
`

`
`Case 2:10-cv-02886-CDJ Document 1-4 Filed 06/16/10 Page 2 of 13
`Case “°'°”'°2886'CD" D°°”mfi||llllllllllllllllllllllllllllllllllllllllflllllllllllllllll
`
`US00727945lB2
`
`(12)
`
`United States Patent
`
`Singh et al.
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 7,279,451 B2
`*Oct. 9, 2007
`
`5,616,275 A
`5,679,875 A
`5,714,083 A
`
`4/1997 Chisolm et al.
`10/1997 Aoyamaeta et al.
`2/1998 Turner et al.
`
`............. .. 252/67
`4/1998 Richard et al.
`5,736,063 A
`Evens
`.................... 252 67
`Q
`er al
`3/2000
`6,041,621 A
`l.
`.............. .. 570/167
`t
`8/2000 Sak
`6,111,150 A *
`9/2000 Elslfgkil : alt
`6,124,510 A
`7/2001 Turner et al.
`6,258,292 B1
`8/2001 Merkel et al.
`6,274,779 B1
`6,300,378 B1* 10/2001 Tapscott
`................... .. 514/743
`6,327,866 B1
`12/2001 Novak et a1.
`............. .. 141/67
`6,516,837 B2
`2/2003 Thomas etal.
`6,858,571 B2*
`2/2005 Pham et al.
`.............. .. 510/408
`
`2004/0127383 A1
`2004/0256594 A1
`2005/0054741 Al
`2005/0l07246 Al
`
`Th0II13.S 613.1.
`7/2004 Pham et al.
`12/2004 Singh et al
`3/2005 Zipfel et al.
`5/2005 Thomas et al.
`
`FOREIGN PATENT DOCUMENTS
`
`EP
`EP
`Ep
`EP
`EP
`$3
`WO
`WQ
`W0
`W0
`03
`
`0398147
`0644173 Al
`0974571
`1055439
`1191080
`Zoofiigggg
`W003/064508
`WO2004/037752
`WO2004/037913
`WO2005/103187
`0332212211:
`
`11/1990
`5/1993
`1/2000
`11/2000
`7/2002
`
`8/2003
`5/2004
`5/2004
`11/2005
`11:22:
`
`OTHER PUBLICATIONS
`U.S. Appl. No. 10/694,272, filed Oct. 27, 2003, Process for Pro-
`ducing Fluoropropenes; Merkel et al.
`U.S. Appl. No. 10/694,273, filed Oct. 27, 2003, Compositions
`Containing Fluorine Substituted Olefins; Singh et al.
`U.S._Appl. No. 10/695,212, filed Oct. 27, 2003, Fluorinated Alkene
`Refrigerant Compositions; Thomas et al.
`
`as cited by examiner
`
`Primary EXl1miI1€I’—1riI1a S Zemel
`(74) Azwrney, Agent, or Firm—Colleen D Szuch
`
`(57)
`
`ABSTRACT
`
`The use to e of tetrafluoropropenes, particularly (HFO-1234)
`in a variety of applications, including refrigeration equip-
`ment, is disclosed. These materials are generally useful as
`refrigerants for heating and cooling, as blowing agents, as
`aerosol propellants, as solvent composition, and as fire
`extinguishing and suppressing agents.
`
`50 Claims, 1 Drawing Sheet
`
`(54) COMPOSITIONS CONTAINING FLUORINE
`SUBSTITUTED OLEFINS
`
`(75)
`
`Inventors: Raj-iv R_ Singh, Getzvflles NY (US);
`Hang T_ Pham, Amherst, NY (US); Ian
`Shankland’ Randolph’ NJ (US)
`,
`.
`(73) Assignee: Honeywell International Inc.,
`M0FIiST0WHs NJ (US)
`5
`5
`5
`5
`Subject to any dlsclalmer, theterm ofthls
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 27 days.
`
`5
`(*) Notlcet
`
`patent is Subject to a tennina] dis-
`Claimer.
`
`.
`(21) Appli NO" 10/837525
`
`(22)
`
`Filed:
`
`AP1‘- 29, 2004
`
`(65)
`
`Prior Publication Data
`
`US 2004/0256594 A1
`
`Dec. 23, 2004
`
`Related U.S. Application Data
`(63) Continuation-in-part of application No. 10/694,273,
`filed on Oct. 27, 2003, and a continuation-in-part of
`application No. 10/695,212, filed on Oct. 27, 2003,
`now abandoned, and a continuation-in-part of appli-
`cation No. 10/694,272, filed on Oct. 27, 2003, now
`
`(60) Provisional application No. 60/421,263, filed on Oct.
`25, 2002, provisional application No. 60/421,435,
`filed 0“ O“ 25> 2002
`
`(51)
`
`Int- 0-
`(2006-01)
`C09K 5/00
`(52) U.S. Cl.
`.................... .. 510/412; 510/407; 510/408;
`510/410; 510/415
`
`(58) Field of Classification Search ....