IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA Pensacola Division DAVID WALTER, an individual,

Plaintiff, vs. PANHANDLE UNDERWATER MAINTENANCE AND SALVAGE, LLC, a Florida limited liability company Defendant

Civil Action No._________________

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff David Walter (Walter) files this Complaint against defendant Panhandle Underwater Maintenance and Salvage, LLC (PUMAS) the Defendant, based upon actual knowledge as to itself and its own actions, and upon information and belief as to all other persons and events, as follows: PARTIES 1. David Walter (Walter) is a resident of Alabama and operates a sole

proprietorship by the name of Walter Marine, having a principal place of business in Orange Beach, Alabama. David Walter owns all right, title, and interest to U.S. Patent Number

7,513,711, referred to below as the 711 Patent.

2.

Panhandle Underwater Maintenance and Salvage, LLC (PUMAS) is a Florida

limited liability corporation with its principal place of business in Fort Walton Beach, FL. PUMAS engages in underwater salvage, cleaning repair, maintenance and construction. PUMAS may be served with process by service on its registered agent for service, Lisa Chomer, 475 Marker Cove, Mary Esther, FL 32569. JURISDICTION AND VENUE 3. This is an action for patent infringement arising under the United States patent

laws, 35 U.S.C. 1, et seq. 4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338(a). 5. On information and belief, the Defendant is subject to personal jurisdiction in the

Northern District of Florida (the District) because Defendant resides in the Northern District of Florida and has regularly engaged in business in this State and District and purposefully availed itself of the privilege of conducting business in this District, for example, by offering for sale, selling, and installing artificial reefs in Fort Walton Beach, FL in this District. 6. Venue is proper in this District pursuant to 28 U.S.C. 1391 and 1400 in that the

Defendant does business within this District and a substantial part of the events or omissions giving rise to the claims occurred in this District.

FACTUAL BACKGROUND 7. On April 7, 2009, after a full and fair examination, the United States Patent and

Trademark Office duly and legally issued United States Patent No. 7,513,711, entitled ARTIFICIAL MARINE REEF INDUCEMENT STRUCTURE. A true and correct copy of the

711 Patent is attached as Exhibit A. Since its issuance, the 711 Patent has been in full force and effect. Walter owns all right, title, and interest to the 711 Patent, including the right to sue for past, present, and future infringements. 8. In May 2012, John Chomer (Chomer), Manager-Member of PUMAS, visited

Walter Marines manufacturing yard located at 22605 Andrews Lane, Orange Beach, AL 36561, and took photos of Walter Marines patented artificial reefs. Chomer personally met with Walter and provided him with his business card. 9. During the meeting between Chomer and Walter in May 2012, Walter notified

Chomer that Walters artificial reefs were protected via the 711 Patent. 10. On or about February 20, 2013, Walter visited a PUMAS manufacturing yard

located at Big Iron Environmental, 41 Hollywood Blvd, Fort Walton Beach, FL 32548 and observed that PUMAS was building artificial reefs that read on the claims of the 711 Patent. Walter took multiple photos of the manufacturing process underway in the manufacturing yard, as well as the completed artificial reefs in the yard, which reefs read on the claims of the 711 Patent. 11. On information and belief, Chomer has personally directed and continues to direct

the infringing activities occurring at the PUMAS manufacturing yard located at Big Iron Environmental, 41 Hollywood Blvd, Fort Walton Beach, FL 32548.

COUNT I: INFRINGEMENT OF U.S. PATENT 7,513,711 12. 11 above. 13. The Defendant has infringed and is continuing to infringe the 711 Patent by Walter incorporates by reference the material factual allegations of paragraphs 1-

engaging in acts including making, using, selling, or offering to sell within the United States, products that embody the patented invention described and claimed in the 711 Patent, including, for example, artificial reef models. 14. Walter. 15. The Defendant will continue to infringe the 711 Patent unless enjoined by this The Defendants activities have been without express or implied license from

Court. As a result of the Defendants infringing conduct, Walter has suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy at law. Walter is entitled to preliminary and permanent injunctive relief against such infringement under 35 U.S.C. 283. 16. As a result of the infringement of the 711 Patent, Walter has been damaged, will

be further damaged, and is entitled to be compensated for such damages, pursuant to 35 U.S.C. 284, in an amount to be determined at trial. WILLFUL INFRINGEMENT 17. 11 above. 18. The Defendants past and continuing infringement of the 711 Patent, has been Walter incorporates by reference the material factual allegations of paragraphs 1-

deliberate and willful. Defendants conduct warrants an award of treble damages, pursuant to 35 U.S.C. 284, and this is an exceptional case justifying an award of attorney fees to Walter, pursuant to 35 U.S.C. 285. JURY TRIAL DEMAND 19. Walter demands a trial by jury on all appropriate issues.

PRAYER FOR RELIEF Therefore, upon final hearing or trial, Plaintiff Walter prays for the following relief: (a) (b) A judgment that the Defendant has infringed the 711 Patent; A judgment and order permanently restraining and enjoining the Defendant, its directors,

officers, employees, servants, agents, affiliates, subsidiaries, others controlled by it, and all persons in active concert or participation with any of them, from further infringing the 711 Patent; (c) A judgment and order requiring the Defendant to pay damages to Walter adequate to

compensate it for the Defendants wrongful infringing acts, in accordance with 35 U.S.C. 284; (d) A judgment and order requiring the Defendant to pay increased damages up to three

times, in view of their willful and deliberate infringement of the 711 Patent; (e) A finding in favor of Walter that this is an exceptional case, under 35 U.S.C. 285, and

an award to Walter of its costs, including its reasonable attorney fees and other expenses incurred in connection with this action; (g) Such other costs and further relief, to which Walter is entitled. Respectfully submitted,

June 25, 2013

_s/Steven J. Miller_______ Steven J. Miller, Esq. Florida Bar No. 513652 801 Brickell Avenue, Suite 900 Miami, FL 33131 305-803-5168 voice 800-881-6174 fax steve@miller-law-offices.com Attorney for Plaintiff