IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION FLOWSERVE MANAGEMENT COMPANY

and FLOWSERVE US INC., Plaintiffs, v. VALVITALIA USA, INC., Defendant.

CIVIL ACTION NO. ________________ JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiffs Flowserve Management Company (Flowserve Management) and Flowserve US Inc. (Flowserve US) (collectively, Flowserve), through their counsel, file this complaint and demand for jury trial against Defendant Valvitalia USA, Inc. (hereinafter Valvitalia) and allege as follows: THE PARTIES 1. Plaintiff Flowserve Management is a corporation organized and existing under the

laws of the state of Delaware and having a principal place of business at 5215 North OConnor Blvd., Suite 2300, Irving, TX 75039. 2. Plaintiff Flowserve US is a corporation organized under the laws of the state of

Delaware and having it principal place of business at 5215 North OConnor Blvd., Suite 2300, Irving, TX 75039.

3.

On information and belief, Defendant Valvitalia, is a corporation organized and

existing under the laws of the state of Texas and having a principal place of business at Marathon Oil Tower, 5555 San Felipe Rd, Suite 675, Houston, TX 77056. JURISDICTION AND VENUE 4. 5. Flowserve incorporates Paragraphs 12 herein. This is a civil action for patent infringement under the patent laws of the United

States and, more specifically, under Title 35 U.S.C. 271, 281, 283, 284 and 285. Jurisdiction in this Court is founded upon 28 U.S.C. 1338(a) and 1331. 6. (c). BACKGROUND OF PATENT AT ISSUE 7. On March 8, 2000, a U.S. Non-Provisional Utility Application (United States Venue is proper in this district pursuant to 28 U.S.C. 1400(b) and 1391(b) and

Application Serial No. 09/521,538), was filed claiming priority to United States Application Serial No. 08/952,161. The United States Application issued as United States Patent 6,296,016 (the 016 Patent) on October 2, 2001, a copy of which is attached hereto as Exhibit A. 8. 9. The 016 Patent has not expired and is currently in full force and effect. The 016 Patent was ultimately assigned to Flowserve Management, who owns all

rights, title and interest in the 016 Patent. Flowserve US is the exclusive licensee of the 016 Patent. Flowserve US makes products that fall within the scope of the 016 Patent. 10. The 016 Patent includes 18 claims. Claim 1 is an independent claim and recites:

A valve comprising: a valve body having two standard parallel flanges for attachment to pipework and a passageway therethrough for flow of medium, said valve body including two tapered bores intercepting said passageway, the axes of the bores extending transversely of the passageway;

two obturators comprising tapered plugs being located one in each of the bores, each plug being rotatable about the restive axis of the bore between a closed position wherein said passageway is blocked and an open position wherein said passageway is unblocked; wherein the axis of one of said two obturators and associated bore is arranged at an angle of at least about 90 with respect to the axis of the other of said two obturators and associated bore; wherein the flanges are spaced apart by a longitudinal distance which is the same as a standard distance for a valve comprising one obturator and associated bore; and wherein the relative orientations of said two obturators and associated bore allows said two obturators and associated bore to occupy a more compact volume than if said axes of said two obturators and associated bore were oriented at the same angle. Claims 213 depend directly or indirectly from claim 1 and, therefore, include all of the elements and elements of claim 1. Claim 14 is an independent claim and recites: A valve comprising: a) a valve body including: a passageway therethrough for flow of medium; first and second tapered bores intercepting said passageway, said first and second bores having first and second bore axes, respectively, each of said first and second bore axes extending transversely of the passageway; b) first and second tapered plugs disposed in said first and second bores, respectively, each of said plugs including a port defined therein, a narrow end and a wide end opposite said narrow end, wherein each of said first and second plugs is rotatable about a respective said bore axis between a closed position wherein said passageway is blocked and an open position wherein said passageway is unblocked; c) first and second handles coupled with and operable to rotate said first and second plugs, respectively; d) wherein said first bore axis is arranged at an angle of at least about 90 with respect to said second bore axis; and e) wherein said first and second handles are located on the same side of said valve body. Claims 1518 depend directly from independent claim 14 and, therefore, include all of the elements and elements of claim 14.

11.

Valvitalia offers for sale and sells in the United States a device referred to as the

Double Block and Bleed Twin Seal Plug ValveType 22 (hereafter Type 22 Valve), which is described at page 14 of Valvitalias Lubricated Plug Valves Type 20 & 22 brochure, a copy of which is attached hereto as Exhibit B. The brochure is accessible through Valvitalias internet website at: http://www.valvitalia.com/Pages/en_product_catalog.aspx?TYPE=CAT&PID=

43&TAG=PLUG_VALVES. Valvitalia offers for sale the Type 22 Valve in the United States through at least the distributor Quarter Turn Resources, who lists the Type 22 Valve on page 10 of its brochure available at: http://www.qtrine.biz/products.htm (click on Plug Valve InfoPDF File), a copy of which is attached as Exhibit C. Upon information and belief, Valvitalia imports into the United States the Type 22 Valve. 12. As illustrated in Valvitalias Type 20 & 22 brochure, the Type 22 Valve meets

every limitation of at least Claim 1 of the 016 Patent. Specifically, the Type 22 Valve includes a valve body having two standard parallel flanges for attachment to pipework and a passageway therethrough for flow of medium, and the valve body further includes two tapered bores intercepting the passageway, with the axes of the bores extending transversely of the passageway. Two obturators that include tapered plugs are located one in each of the bores, each plug being rotatable about the restive axis of the bore between a closed position, such that the passageway is blocked and an open position wherein said passageway is unblocked. The axis of one of the two obturators and associated bore is arranged at an angle of at least about 90 with respect to the axis of the other of the two obturators and associated bore. The flanges are spaced apart by a longitudinal distance and the relative orientations of the two obturators and associated bore allows the two obturators and associated bore to occupy a more compact volume than if the axes were oriented at the same angle.

FIRST CAUSE OF ACTION 13. 14. Flowserve incorporates Paragraphs 112 herein. Valvitalia has directly infringed and continues to directly infringe, either literally

or under the Doctrine of Equivalents, the 016 Patent by importing into the United States, using, selling, and/or offering to sell its Type 22 Valve, said infringement being of at least Claim 1 of the 016 Patent, and being unlawful per 35 U.S.C. 271(a). 15. All of the aforementioned infringing acts by Valvitalia are without the permission,

license, or consent of Flowserve. 16. enriched. 17. By reason of Valvitalias acts of infringement, Flowserve has suffered and By reason of its aforementioned acts of infringement, Valvitalia has been unjustly

continues to suffer irreparable harm and damages, including, but not limited to lost profits, damage to Flowserves goodwill and reputation, and diminution of the inherent value of the 016 Patent, in an amount to be determined at trial. 18. As a result of the continuing harm to Flowserve and the diminution of the value of

the 016 Patent, Flowserve has no adequate remedy at law for Valvitalias infringement of the 016 Patent. PRAYER FOR RELIEF WHEREFORE, Flowserve prays: (a) (b) For a judgment holding Valvitalia liable for infringement of the 016 Patent; For a preliminary and permanent injunction enjoining Valvitalia, its officers,

agents, servants, employees and attorneys, successors and assigns, and all other persons acting in concert or in participation with Valvitalia from further infringement of the 016 Patent;

(c) (d) (e) (f)

For an award to Flowserve of its damages; Awarding Flowserve prejudgment interest on any amounts of actual damages; For an award of Flowserves costs of this action; and For such other further relief to which this court deems Flowserve may be entitled

in law and in equity. DEMAND FOR JURY TRIAL Flowserve, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any issues so triable by right.

Dated: August 4, 2011

Respectfully submitted, VINSON & ELKINS L.L.P. /s/ Peter E. Mims Peter E. Mims Texas State Bar No. 14173275 S.D. TX Bar No. 6746 pmims@velaw.com VINSON & ELKINS L.L.P. First City Tower 1001 Fannin Street, Suite 2500 Houston, TX 77002-6760 Telephone: 713.758. 2732 Facsimile: 713.615. 5703 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leisa Talbert Peschel Texas State Bar No. 24060414 S.D. TX Bar No. 882947 lpeschel@velaw.com VINSON & ELKINS L.L.P. First City Tower 1001 Fannin Street, Suite 2500 Houston, Texas 77002 Telephone: 713.758.3371 Facsimile: 713.615.5216 ATTORNEY TO BE NOTICED ATTORNEYS FOR PLAINTIFFS FLOWSERVE MANAGEMENT COMPANY AND FLOWSERVE US INC.

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US 999812