EMTP006 ELECTRONIC MeasureTech Plus
NOTE: This equipment has been tested and found to comply with the limits for an ultrasonic equipment, pursuant to Part 18 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: Reorient or relocate the receiving antenna. Increase the separation between the equipment and receiver. Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. Consult the dealer or an experienced radio/TV technician for help.
CALIBRATION AND SCANNING IN MeasureTech Plus
Position the unit against the wall. Press and hold the ON/OFF button on side of unit. Hold the unit in still position until calibration is complete (approximately 3 seconds). A single beep will be generated and ON will be shown on the LCD after calibration is completed. Slowly slide the unit horizontally across the wall, right or left. As you begin to approach the stud, the bars on the LCD will light up. When the word EDGE flashes and a continuous beep is heard, mark location as the first edge. Continue scanning beyond the marked spot until the word EDGE disappears on screen. Slide unit in reverse direction to locate the other stud edge. Mark this second spot. The middle of the 2 spots is the stud center. NOTE: Because of the powerful scanning capability of this tool, be sure to mark the two edges of the stud. The two marks may indicate wider than actual stud width, but center of stud will be between the two marks.
CALCULATION - MULTIPLICATION
1). Take the first reading. 2). Press the x button. 3). Take the second reading. 4). Press the x to get the result of square measurement (sq. ft / sq. m) 5). Take the third readings. 6). Press the x to get the result of cubic measurement (cu. ft / cu. m)

OPERATING NOTES

Stud Sensor - Depending on the proximity of electrical wiring or pipes to the wall surface, the MeasureTech Plus may detect them in the same manner as studs. Caution should always be used when nailing, cutting of drilling in walls, floors and ceilings that may contain these items. To avoid electrical, plumbing, etc., remember that studs or joists are normally spaced 16 in. (406 mm) or 24 in. (610 mm) apart and are 1-1/2 in. (38 mm) in width. Anything closer together or a different width may not be a stud, joist or firebreak. Always turn off the power when working near electrical wires.
Sonic Tape - The use of this tool other than specified may cause hazardous radiation exposure. The emission power of the laser beam is less than 5mW Class IIIA (US version). User must follow the below warnings to avoid injury: When the laser beam is on, do not stare directly at it. The laser is used for locating a target only. Please do not point the laser into the eyes of others. The unit should not be positioned at eye level or operated near a reflective surface so as to avoid beaming into the eyes of others accidentally.

WORKING WITH DIFFERENT MATERIALS
The MeasureTech Plus is designed for use on dry interior walls only. Three factors can affect sensing depth: Thickness, density and moisture content. The MeasureTech Plus is not designed to penetrate materials with inconsistent density such as: Ceramic floor tile Carpeting and padding Wallpaper with metallic fibers Freshly painted walls , not completely dry. Lath and plaster

READ KEY

ADDITION KEY

CHANGING MEASUREMENT

Press the + and the x buttons simultaneously to change measurement unit from ft. to m or vise versa.

SPECIFICATION OF PRODUCT

Operating Temperature: 32F to 104F Storage Temperature: -4F to 150F Distance Range: from 2 ft. to 50 ft. Stud Sensor: 1/2 accuracy of center location behind drywall up to 1-1/2 thick. Sonic Tape: Distance range from 2ft. to 50ft. Accuracy: D (D x 0.5% + 1 least significant digit) where D is the actual physical distance. e.g. D = 20 ft., reading = 20 ft. 3 in. Computation range of addition: 999911 (999m)
ON/OFF KEY MULTIPLYING KEY
Any large obstacle found within 5 degrees of the viewing angle of the unit might be regarded as the target. Hard surfaces usually give more accurate results. To measure small, irregular or soft objects, place a piece of cardboard on front of the object. The unit cannot measure through glass.

SONIC APERTURE

LASER APERTURE

MEASUREMENT PROCEDURES

The unit functions as a distance measurer with the top edge as Measurement Base the measurement base, and is to be held upside down. The LCD will automatically adapt to this orientation and show reading accordingly. Target Select the measurement unit. Point the bottom of the unit perpendicular to the target. The laser will show where the unit is pointing and is ON only while reading is being taken. Caution: Do not stare directly at the laser beam. Hold the unit above or below eye level. Press the READ button to take the measurement. Hold the READ button for continuous measurement.

INSTALLING THE BATTERY

Slide the door off the back of the unit. Attach a 9V battery to the connector. Place battery in compartment and reinstall door. Alkaline Battery life is approximately 20 hours. The battery should be replaced when battery indicator reads low charge.

Situations

No indications.

Possible Causes

No studs in that area. You accidently calibrated over a stud.

Solutions

Move several inches to the left or right and start again.
RYOBI TECHNOLOGIES INC. 1428 Pearman Dairy Road, Anderson, SC 29625 www.ryobitools.com Telephone: 1-800-525-2579

TURNING ON THE UNIT

Press Read or side yellow On/Off button on the unit, if LCD screen lights up the power is on.

FEATURES

ex posure to the beam. Read instructions in manual
Calibration on wall of high density such Move several inches to the left or tight and start again. as a wet painted wall, concrete, etc. On rough surfaces, place a piece of cardboard on the Unit not flat against wall. wall, so that the unit will slide smoothly when scaning. LCD display Unit was rocked or lifted during Always hold MeasureTech Plus parallel to stud or CAL FAILS calibration. joist and move across it. Studs are normally spaced 16 in. (406mm) or 24 in. Detect other objects besides studs. (610mm) apart and are 1-1/2 in. (38mm) wide, beware Electrical wiring and metal/plastic of anything closer together or of a different width. Indications in too pipes may be near or touching back On rough surfaces, place a piece of cardboard on the surface of wall many places. wall, so that the unit will slide smoothly when scaning. Inaccurate readings of distance LCD displays Err Battery runs out of power Measured distance is <2 (0.6m) or > 50 (15m) Another ultrasonic source is nearby. Measured distance is<2 (0.6m) or > 50 (15m) The target is not a good ultrasonic reflector. (e.g. thick carpet, irregular wall paper, etc.) The unit points to the target obliquely. Computation is out of the specified range. Replace with new battery Make sure measured distance is within range. Remove the ultrasonic source and try again. Make sure measured distance is within range. Place a piece of cardboard in front of target. Make sure computation is within range. Hold unit perpendicular to target and start again.

CAUTION Avoid direct

The Ryobi Electronic MeasureTech Plus is intended for fast convenient distance measurement and for locating wood and metal studs behind walls, floors and ceilings. For damage caused by usage other than intended, the user is responsible.
Stud Sensor: Up to 1-1/2 in. deep stud detection. Sonic Tape: Instant measurement. Dynamic measurement capability. Select measurement unit - ft. in./m Computation of area and volume. Addition of distances.

1-1/2 in.

CALCULATION - ADDITION

1). Take the first reading. 2). Press the + button. 3). Take the second reading. 4). Press the + to get the result of length addition 5). Repeat step one and two for further additions. 6). The result of the addition is shown at the upper row of the LCD. 7). The 1-digit counter records the number of readings added. Its maximum value is 9 and larger number will be displayed as -.

ON/OFF

WARRANTY
This product is a consumable item. Therefore it is warranted against defective parts and labor only and not misuse or deterioration of the product through normal wear and tear for a period of 2 years from date of purchase.

983000-347 12-03

WARNING: To avoid risk of eye injury, do not stare directly into beam. Never point the beam into anyones eyes. Do not permit children to use this device. It is not a toy. To avoid risk of electric shock, ALWAYS turn power off when working near electric wires. Avoid nailing, cutting or drilling in walls where electrical or plumbing may be present.

Case 3:08-cv-00070-BTM-CAB

Document 31

Filed 09/04/2008

Page 1 of 15

MELODY A. KRAMER, SBN Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 email: mak@kramerlawip.com J. MICHAEL KALER, SBN Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 email: michael@kalerlaw.com Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) Plaintiff ) v. ) ) RYOBI TECHNOLOGIES, INC., a Delaware corporation; TECHTRONIC ) ) INDUSTRIES NORTH AMERICA, INC., a Delaware corporation; and DOES ) ) 1 100, ) Defendants. ) ) ) ) ) JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST,
Case No. 08cv00070 FIRST AMENDED 1 COMPLAINT FOR PATENT INFRINGEMENT REQUEST FOR JURY TRIAL
Amended to add new accused products in paragraph 20.

Page 2 of 15

Plaintiff JENS E. SORENSEN, as TRUSTEE OF THE SORENSEN RESEARCH AND DEVELOPMENT TRUST (SRDT), pursuant to the leave granted by the Court (Docket #30), files its First Amended Complaint for Patent Infringement against Defendants, alleges as follows:
THE PARTIES 1. SRDT is a California resident, and the trustee of a trust organized
according to California law, and owner of all rights to United States Patent No. 4,935,184 (hereinafter 184 patent). A true and correct copy of the 184 patent is attached hereto as Exhibit A. 2. Defendant Ryobi Technologies, Inc. (RYOBI) is a corporation
organized under the laws of Delaware, having a principal office located at 1428 Pearman Dairy Road, Anderson, South Carolina 29625. 3. Defendant Techtronic Industries North America, Inc. (TTINA) is a
corporation organized under the laws of Delaware, having a principal office located at 1428 Pearman Dairy Road, Anderson, South Carolina 29625. 4. Upon information and belief, DOES 1-100 are entities, legal form
unknown, that are involved in the actions giving rise to this Complaint. 5. Upon information and belief, one or more Defendants have acted as
agents of one or more of each other during some or all of the times relative to the subject matter of this Complaint. 6. Upon information and belief, the Defendants have in the past and/or
presently design, control manufacture, import, sell, and/or offer for sale within the United States, including this District, power tools with plastic housings, including products identified herein as accused products.
JURISDICTION and VENUE 7. This action arises under the Patent Laws of the United States of

Case No. 08cv00070

Page 3 of 15
America, Title 35, United States Code. Jurisdiction is founded on Title 28, United States Code 1331, 1332(a), and 1338(a). 8. On information and belief, venue in this district is proper under 28
U.S.C. 1391 and 1400(b) because Defendants have committed acts of infringement here and have extensive networks of dealers and online retailers which sell its products nationwide and in this District. 9. This Court has personal jurisdiction over Defendants under the long-

arm statute of California and U.S. constitutional law because Defendants market and/or ships its products into this District, offer those products for sale and sells those products in this District, provide advertising in this District targeted to this districts residents, and maintain a network of authorized distribution arrangements with retailers in this district for the purpose of selling their products.
GENERAL ALLEGATIONS 10. The 184 patent entitled "Stabilized Injection Molding When Using a
Common Mold Part With Separate Complimentary Mold Parts," was issued on June 19, 1990. 11. Upon information and belief, Defendants jointly, and with other entities
not named as parties herein, engage in the design, manufacture, import, distribution, marketing, selling, and/or offering for sale of power tools under the Ryobi trademarks. 12. Upon information and belief, Defendants jointly, and with other entities
unknown, engage in the design, manufacture, import, distribution, marketing, selling, and/or offering for sale of power tools under the Craftsman trademark. 13. Defendants have been on constructive notice of the 184 patent since its
issuance on June 19, 1990. 14. Defendants have been on actual express notice of the 184 patented
process at least as early as September 2004.

Page 4 of 15

15. Upon information and belief, the Defendants have engaged in design, manufacture, import, sell, and/or offer for sale within the United States, including this District, power tools that have dual-layer external plastic housings. 16. On information and belief, all products identified herein and all as-yet-
unidentified products manufactured through the same or substantially similar processes are manufactured utilizing processes which incorporate all elements of the 184 patented process. 17. None of the Defendants have obtained a license or any other
authorization from the Plaintiff for manufacture, import, sale, and/or offer for sale in the United States of products manufactured through use of the 184 patented process.
CLAIM 1 - PATENT INFRINGEMENT AS TO RYOBI PRODUCTS 18. SRDT realleges and incorporates herein by reference paragraphs 1
through 17, inclusive, as though fully set forth herein. 19. On information and belief, Defendants have, within the past six years,
designed, manufactured, imported into, sold and/or offered for sale within the United States and this District, products having dual-layer external plastic shells. 20. On information and belief, the products referred to in paragraph 19,

above, include the following:
Ryobi 18.0V Circular Saw, Model No. R10631; Ryobi 13 AMP Circular Saw, Model No. CSB131; Ryobi 14.4V Drill, Model No. HP1441MK2F; Ryobi 18.0V Drill/Driver, Model No. HP1802MK2F; Ryobi 14.4V Drill/Driver, Model No. HP1442MK2F; Ryobi Hammer Drill, Model No. HP1800MK2F; Ryobi 18 Electric Chainsaw; Ryobi One+ Lithium 18V Circular Saw, Model No. P104;

Page 5 of 15

Ryobi One+ Lithium 18V Reciprocating Saw, Model No. P513; Ryobi One+ Lithium 18V Drill/Driver, Model No. P203; Ryobi One+ Lithium 18V Flashlight, Model No. P703; JM82K Biscuit Joiner P430 18V One+ Car Buffer CSB141LZK 7-1/4 Dual Laser Circular Saw P500 18V One+ Circular Saw with Laser P211 18V One+ 2 Speed Hammer Drill HP572K 7.2V Cordless Drill/Driver HP596K 9.6V Cordless Drill/Driver JS550LK Orbital Scrolling Jig Saw with Laser P522 18V One + VS Orbital Jig Saw ELL1001 Airgrip Compact laser level EMTP006 Measure Tech Plus HPL51K 3-1/4 Hand Planer Kit P610 18V One+ Hand Planer RJ162VK VS Reciprocating Saw P510 18V One+ VS Reciprocating Saw ESTP004 Studtech Pro P301 18V One+ Stapler RYO8548 Handheld Blower P2100 18V One+ Blower
On information and belief, the products referred to in paragraph 19,
above, may include other Ryobi-brand products sold under any other names or model numbers names which are manufactured utilizing similar processes, including but not limited to, any other product manufactured using the same injection mold as any of

Page 6 of 15

the products identified above. 22. On information and belief, the products referred to in paragraphs 20 and
21 above (collectively referred to herein as Accused Ryobi Products) are manufactured through processes which incorporate all elements of the 184 patented process. 23. One or more of the Defendants received a notice of infringement from
Plaintiff, detailing a substantial likelihood pursuant to 35 U.S.C. 295 that certain Accused Ryobi Products were manufactured through a process which incorporates all elements of the 184 patented process and were asked to verify the actual manufacturing process. 24. To date, none of the Defendants have presented any admissible
evidence of the actual manufacturing process for any Accused Ryobi Products to Plaintiff. 25. On information and belief, all manufacturing of the Accused Ryobi
Products occurs in China. 26. On information and belief, the Defendants act together as a single
enterprise for purposes of designing, manufacturing, marketing, importing, offering for sale, and/or selling the Accused Ryobi Products such that 27. On information and belief, Defendants continue to engage in

infringement of the 184 patent, and in wanton and willful disregard of SRDTs 184 patent rights. 28. On information and belief, Defendants continue to contribute to
infringement of the 184 patent and induce others to infringe the 184 patent. 29. On information and belief, the conduct of Defendants in willfully
continuing to infringe the 184 patent, and to contribute to infringement and induce others to infringe the 184 patent, despite being on both constructive notice and actual notice, is deliberate, thus making this an exceptional case within the meaning of 35 U.S.C. 285.

Page 7 of 15

On information and belief, SRDT has suffered and is continuing to
suffer damages by reason of Defendants infringing conduct. 31. A reasonable royalty for infringement of the 184 patent constitutes at
least eight percent (8%) of gross sales by each of the Defendants of the Accused Ryobi Products from six years prior to the filing of this Complaint and continuing until expiration of the 184 patent, according to proof and allocation at trial. 32. On information and belief, the reasonable royalty owed to SRDT from
Defendants should be trebled on account of willful infringement by Defendants, according to proof and allocation at trial.
CLAIM 2 - PATENT INFRINGEMENT AS TO CRAFTSMAN PRODUCTS 33. SRDT realleges and incorporates herein by reference paragraphs 1
through 17, inclusive, as though fully set forth herein. 34. On information and belief, Defendants have, within the past six years,
designed, manufactured, imported into, sold and/or offered for sale within the United States and this District, products having dual-layer external plastic shells. 35. On information and belief, the products referred to in paragraph 34,
above, include the following: Craftsman 9.6 Volt Cordless Drill Craftsman 12.0 Volt Cordless Drill Craftsman 14.4 Volt Cordless Drill Professional Craftsman 18.0 Volt Cordless Drill Professional Craftsman 18.0 Volt Cordless Hammer Drill Craftsman 24.0 Volt Cordless Sears Item No. 26929 Sears Item No. 26928 Sears Item No. 27124 Sears Item No. 26922 Sears Item No. 26926 Sears Item No. 26927

Page 8 of 15

Hammer Drill Craftsman 19.2 Volt Cordless Drill Combo Kit Craftsman 7.2 Volt Cordless Drill Craftsman 9.6 Volt Cordless Drill/Driver Kit Craftsman 10.8 Volt Cordless Drill Craftsman 12.0 Volt Cordless Drill/Driver Kit Craftsman 13.2 Volt Cordless Drill/Driver Kit Craftsman 14.4 Volt Cordless Drill/Driver Craftsman 18.0 Volt Cordless Drill/Driver Kit Craftsman 14.4 Volt Cordless Right Angle Drill/Driver Craftsman 19.2 Volt Cordless Drill/Driver Combo Kit Craftsman 18.0 Volt Cordless with Trim Saw Combo Kit Craftsman 6.0 Amp Corded Hammer Drill Craftsman 15 Amp Circular Saw 71/4 Craftsman 19.2 Volt Cordless Trim Saw

Sears Item No. 11431

Sears Item No. 11450 Sears Item No. 11451
Sears Item No. 11346 Sears Item No. 11452

Sears Item No. 11147

Sears Item No. 11424

Sears Item No. 11454

Sears Item No. 10153

Sears Item No. 11419

Sears Item No. 11435

Sears Item No. 10136

Sears Item No. 27108

Sears Item No. 11426

Page 9 of 15
Craftsman 19.2 Volt Cordless Reciprocating Saw Craftsman 12 in. Mitre Saw Compound with Laser Track Craftsman 5 Amp Corded Drill Keyless Craftsman 5.5 Amp Corded Drill Variable Speed Craftsman 6.0 Amp Corded Drill Variable Speed Craftsman 6.0 Amp Corded Drill Variable Speed 36.

Sears Item No. 11427

Sears Item No. 21224

Sears Item No. 10105

Sears Item No. 10110

Sears Item No. 10111

Sears Item No. 10112
On information and belief, the products referred to in paragraph 34,
Craftsman 6.0 Amp Corded Drill Variable Speed Keyless Craftsman 19.2 Volt Cordless Trim Saw Kit Craftsman 18.0 Volt Cordless Reciprocating Saw 37.

Sears Item No. 26946

Sears Item No. 27119

Sears Item No. 27129

above, may include other Craftsman-brand products sold under any other names or model numbers names which are manufactured utilizing similar processes, including but not limited to, any other product manufactured using the same injection mold as any of the products identified above. 38. On information and belief, the products referred to in paragraphs 34 - 37

Page 10 of 15

above (collectively referred to herein as Accused Craftsman Products) are manufactured through processes which incorporate all elements of the 184 patented process. 39. Upon information and belief, Defendants control the nature and quality
of the Accused Craftsman Products and manufacture or have these products manufactured in accordance with their design and product specifications. 40. One or more of the Defendants received a notice of infringement from
Plaintiff, detailing a substantial likelihood pursuant to 35 U.S.C. 295 that certain Accused Craftsman Products were manufactured through a process which incorporates all elements of the 184 patented process and were asked to verify the actual manufacturing process. 41. To date, none of the Defendants have presented any admissible

evidence of the actual manufacturing process for any Accused Craftsman Products to Plaintiff. 42. On information and belief, all manufacturing of the Accused Craftsman
Products occurs in China. 43. On information and belief, the Defendants act together as a single
enterprise for purposes of designing, manufacturing, marketing, importing, offering for sale, and/or selling the Accused Craftsman Products such that 44. On information and belief, Defendants continue to engage in
infringement of the 184 patent, and in wanton and willful disregard of SRDTs 184 patent rights. 45. On information and belief, Defendants continue to contribute to
infringement of the 184 patent and induce others to infringe the 184 patent. 46. On information and belief, the conduct of Defendants in willfully
continuing to infringe the 184 patent, and to contribute to infringement and induce others to infringe the 184 patent, despite being on both constructive notice and actual notice, is deliberate, thus making this an exceptional case within the meaning

Page 11 of 15

of 35 U.S.C. 285. 47. On information and belief, SRDT has suffered and is continuing to
suffer damages by reason of Defendants infringing conduct. 48. A reasonable royalty for infringement of the 184 patent constitutes at
least eight percent (8%) of gross sales by each of the Defendants of the Accused Craftsman Products from six years prior to the filing of this Complaint and continuing until expiration of the 184 patent, according to proof and allocation at trial. 49. On information and belief, the reasonable royalty owed to SRDT from
PRAYER FOR RELIEF WHEREFORE, SRDT prays that judgment be entered as follows: a. For a determination that the Accused Processes are presumed to infringe
the 184 patent pursuant to 35 U.S.C. 295; b. For a determination that the Defendants act together as a single
enterprise for purposes of designing, manufacturing, marketing, importing, offering for sale, and/or selling the Accused Ridgid Products; c. For a determination that the Defendants act together as a single
enterprise for purposes of designing, manufacturing, marketing, importing, offering for sale, and/or selling the Accused Craftsman Products; d. patent; e. Defendants are adjudicated and decreed to have contributed to the Defendants are adjudicated and decreed to have infringed the 184

infringement of the 184 patent and to have induced others to infringe the 184 patent; f. Defendants, their parents, subsidiaries, divisions, affiliates, officers,

Page 12 of 15

agents, and attorneys, and those acting in privity or concert with them, are enjoined from further infringement of the 184 patent, and from further contribution to or inducement of the infringement of the 184 patent; g. Defendants are ordered to account for damages adequate to compensate
Plaintiff for the infringement of 184 patent, their contributory infringement of the 184 patent, and their inducement of infringement of the 184 patent, in the amount of at least eight percent (8%) of gross sales as a reasonable royalty for all sales of Accused Products and according to proof at trial, and such damages are awarded to Plaintiff; h. Such damages as are awarded are trebled by the Court pursuant to 35
U.S.C. 284 by reason of the willful, wanton, and deliberate nature of the infringement; i. That this case is decreed an exceptional case and SRDT is awarded
reasonable attorneys fees by the Court pursuant to 35 U.S.C. 285; j. k. l. For interest thereon at the legal rate; For costs of suit herein incurred; For such other and further relief as the Court may deem just and proper.
DEMAND FOR JURY TRIAL SRDT respectfully requests that its claims be tried to a jury.
DATED this Thursday, September 04, 2008. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff /s/ Melody A. Kramer J. Michael Kaler, Esq. Melody A. Kramer, Esq.

Page 13 of 15

Attorneys for Plaintiff

Page 14 of 15

PERSON(S) SERVED

PROOF OF SERVICE

I, Melody A. Kramer, declare: I am and was at the time of this service working within in the County of San Diego, California. I am over the age of 18 year and not a party to the within action. My business address is the Kramer Law Office, Inc., 9930 Mesa Rim Road, Suite 1600, San Diego, California, 92121. On Thursday, September 04, 2008, I served the following documents:
FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT

PARTY(IES) SERVED Ryobi Technologies, Inc.; Techtronic Industries North America, Inc.

28 14.

Roger G. Perkins Angela Kim Kristina M. Pfeifer MORRIS POLICH & PURDY LLP 501 West Broadway, Suite 500 San Diego, California 92101 rperkins@mpplaw.com akim@mpplaw.com kpfeifer@mpplaw.com Robert S. Mallin Brinks Hofer Gilson & Lione NBC Tower 455 N City Front Plaza Drive Suite 3600 Chicago, IL 60611 rmallin@brinkshofer.com
METHOD OF SERVICE Email - Pleadings Filed with the Court via ECF
Ryobi Technologies, Inc.; Techtronic Industries North America, Inc.
Email - Pleadings Filed with the Court via ECF
(Personal Service) I caused to be personally served in a sealed envelope hand-delivered to the office of counsel during regular business hours. (Federal Express) I deposited or caused to be deposited today with Federal Express in a sealed envelope containing a true copy of the foregoing documents with fees fully prepaid addressed to the above noted addressee for overnight delivery. (Facsimile) I caused a true copy of the foregoing documents to be transmitted by facsimile machine to the above noted addressees. The facsimile transmissions were reported as complete and without error.

Page 15 of 15

(Email--Pleadings Filed with the Court) Pursuant to Local Rules, I electronically filed this document via the CM/ECF system for the United States District Court for the Southern District of California. (U.S. Mail) I mailed a true copy of the foregoing documents to a mail address represented to be the correct mail address for the above noted addressee.
I declare that the foregoing is true and correct, and that this declaration was executed on Thursday, September 04, 2008, in San Diego, California.
/s/ Melody A. Kramer Melody A. Kramer