price pfister v. masco corporation of indiana

8/13/2019 Price Pfister v. Masco Corporation of Indiana

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ONFORMLevi W. Heath (SBN 220854)[email protected]. Jurdi (SBN. 273401)[email protected] THORNBURG LLP2029 Century Park East, Suite 300Los Angeles, California 90067Telephone: (310)284-3880Facsimile: (310)284-3894Attorneys for PlaintiffPRICE PFISTER, INC.

riL;D-CLffl*. U.S. fHSTffirr rnji^NOV 2 2013

CffllRAl DISTRICT Or Ul IFUIWAE

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

PRICE PFISTER, INC.,Plaintiff,

v.MASCO CORPORATION OFINDIANA, d/b/a DELTA FAUCETCOMPANY,

Defendant.

Case No S fityCOMPL INT FOR P TENTINFRINGEMENT


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Plaintiff Price Pfister, Inc. ( Pfister ), for its Complaint against MASCOCorporation of Indiana, d/b/a Delta Faucet Company ( Delta ), alleges as follow

NATURE OF THE ACTION

This is an action for patent infringement of United States Patent No.7,490,619 (the '619 Patent ) under the Patent Laws of the United States, 35 U.S1, et seq. and seeking damages, injunctive relief, and other relief under 35 U.S

281, et seq.PARTIES

1. Pfister is a corporation organized and existing under the laws of thestate of Delaware with its principal place of business in Lake Forest, California.Pfister is a leading manufacturer of high-quality kitchen and bathroom faucets, tuand shower fixtures, and bathroom accessories.

2. On information and belief, Delta is a corporation organized andexisting under the laws of the state of Indiana with its principal place of businessIndianapolis, Indiana. Upon further information and belief, Delta is engaged in thbusiness of designing and manufacturing faucets and related kitchen and bathaccessories.

JURISDICTION AND VENUE3. This is a complaint for patent infringement under 35 U.S.C. 271.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and1338(a).

4. Delta is subject to personal jurisdiction in this District. Uponinformation and belief, Delta transacts business in California and has continuousand systematic contacts with California, including intentionally directing itsproducts for sale into the state of California, maintaining distributor relationshipsthe state of California for the sale of its products, and registering to do business inthe state of California. Upon further information and belief, Delta also, either by


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itself or through distributors, offers to sell and sells infringing products in thisDistrict, including, in particular, faucets that infringe the '619 Patent.

5. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and (c), and 1400(b), as Delta is subject to personal jurisdiction in thisjudicial district and has committed acts of infringement in this judicial district.

PATENT-IN-SUIT6. On February 17, 2009, the United States Patent and Trademark Offi

duly and legally issued the '619 Patent titled Faucet Assembly Having a HandleSubassembly. A true and correct copy of the '619 Patent is attached hereto asExhibit A.

7. Pfister is the assignee of all rights, title, and interest in and to the '61Patent.

DEFENDANT S INFRINGING ACTIVITIES8. Upon information and belief, Delta has acted and is acting to

manufacture, import, ship, distribute, offer for sale, sell, and/or advertise a line ofcenterset faucets as part of its Olmsted bath suite. True and correct copies ofpromotional materials for the Olmsted Two Handle Centerset Lavatory Faucet arattached hereto as Exhibit B.

9. Delta maintains a website at www.deltafaucet.com.The Delta websprovides contact information and resources for obtaining information about Deltaproducts. The Delta website also features an online product catalog andinformation regarding the technical specifications, assembly instructions, price, aavailability of Delta products, including the Olmsted Two Handle CentersetLavatory Faucet.

10. Upon information and belief, the Olmsted Two Handle CentersetLavatory Faucet, or the assembly of the same, infringes at least one claim of the'619 Patent.

2
http://www.deltafaucet.com/http://www.deltafaucet.com/


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COUNT I: INFRINGEMENT OF THE 619 PATENT11. Pfister incorporates the allegations contained in the above paragraph

as though fully set forth herein.12. Delta has been and now is directly infringing the '619 Patent, either

literally or under the doctrine of equivalents, by making, using, selling, and/oroffering for sale products, including, at least, the Olmsted Two Handle CentersetLavatory Faucet, in the United States, in violation of 35 U.S.C. 271(a).

13. By using, offering to sell, selling, and/or importing faucets, includingat least, the Olmsted Two Handle Centerset Lavatory Faucet, manufactured usingmethod of assembly claimed by the '619 Patent, Delta has been and now isinfringing, either literally or under the doctrine of equivalents, the '619 Patentunder 35 U.S.C. 271(g).

14. Upon information and belief, Delta's infringement is willful, as Deltis and has been aware, through actual knowledge or willful blindness, that theinfringing products would practice one or more claims of the '619 Patent.

15. Upon information and belief, Delta will continue to infringe the '619Patent unless and until Delta is enjoined by this Court.

16. Delta's acts of infringement have caused and will continue to causedamage to Pfister, and Pfister is entitled to recover from Delta the damagessustained by Pfister and any additional remedy in an amount to be determined attrial.

17. Delta's acts of infringement will continue to cause Pfister irreparableharm in the future unless and until Delta is enjoined from infringing the '619Patent.

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PRAYER FOR RELIEFWHEREFORE, Pfister respectfully requests this Court:A. Enter judgment that Delta has directly infringed the '619 Patent

violation of 35 U.S.C. 271(a);B. Enter judgment that Delta has infringed the '619 Patent in violation

C. Permanently enjoin Delta, and its respective officers, agents, servanemployees, attorneys, and all persons in active concert or participation with anythe foregoing, from infringing the '619 Patent in violation of 35 U.S.C. 271;

D. Permanently enjoin the sale of faucets created using the patentmethods of the '619 Patent;

E. Award Pfister its damages in an amount sufficient to compensaPfister for Delta's infringement of the '619 Patent, together with pre-judgment anpost-judgment interest and costs, pursuant to 35 U.S.C. 284;

F. Declare this case to be exceptional under 35 U.S.C. 285 and awaPfister its attorneys' fees, expenses, and costs incurred in this action; and

G. Award Pfister such other and further relief as this Court deems just aproper.

Dated: November 20, 2013 BARNES THORNBURG LLP

35 U.S.C. 271(g);

Levi W HeathAttorneys for PlaintiffPRICE PFISTER, INC.

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DEMAND FOR JURY TRIALPursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Pfister

respectfully requests a trial by jury of any and all issues on which a trial by jury isavailable under applicable law.Dated: November 20, 2013 BARNES THORNBURG LLP

Levi W HeathAttorneys for PlaintiffPRICE PFISTER, INC.

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Exhibit A

Exhibit A


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Exhibit B

Exhibit B


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OLMSTEDTwo Handle Centerset Lavatory Faucet

Share Send to Phone

What does this modelnumber mean?

Model #: 25717LF-RB

Finish Shown: Venetian Bronze

List Price asShown (US $): $205.20

Own this product?

Need help with your product?

1

Exclusively available at Lowe's.

Registering it helps usprovide the best service. Want to save this

product so you canquickly find it later?

Write the first review

Product Q&A

Ask a question. Follow this product

Product Features and Benefits

Featured Smart Features:

A geometric style with a touch of traditional flare tomatch any bathroom decor

Two handle lever design for ease of control

Features water efficient cache aerator that conserveswater without compromising the experience

Pop-up drain assembly included

Lifetime Faucet and Finish Warranty

ADA Compliant WaterSense Labeled Product

Legislation Compliant Water-Efficient Product meeting CALGreen standards

This product meets EPAcriteria for WaterSense

Page1 of25717LF-RB Olmsted Two Handle Centerset Lavatory Faucet : Bath Products : Delta Faucet

11/13/201http://www.deltafaucet.com/bath/details/25717lf-rb.html

Exhibit B, Page


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Product Support, Repair Parts & Tech Specs

Installation Instructions / Owner's Manual

View Download / Print

Technical Specifications


SUPPORT INFORMATION:

Number of Handles: 2

Installation Type: Centerset

Aerator Type: Cache

Valve Type: Washerless stem cartridge

Flow Rate: 1.5 gpm @ 60 psi, 5.7 L/min @ 414 kPa

Spout Length: 4-7/8

Spout Total Height: 6-5/8

Spout Height Deck toAerator:

4-1/16

Drain type: Plastic pop-up

3-hole 4 installation

Installing a Bathroom Faucet Video

Uninstalling a Bathroom Faucet Video

Troubleshoot Your Faucet

Frequently Asked Questions

General Faucet Installation Instructions

View warranty information

Register your product online

INSTALLATION INFORMATION

TROUBLESHOOTING RESOURCES

Coordinating Items

LAVATORY

Olmsted Two Handle

Widespread Lavatory

Faucet 35717-RB-DST

Reviews

Be the first to write a review



Exhibit B, Page


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1. The manufacturer's list price (U.S. dollars) is shown for comparison only. The actual retail price may be different from the price shown.

Customer Q & A

(0 Questions : 0Answers)PRODUCT Q&A

Ask a question



Exhibit B, Page


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OLMSTEDTwo Handle Centerset Lavatory Faucet

Share Send to Phone

What does this modelnumber mean?

Model #: 25717LF-SS

Finish Shown: Stainless

List Price asShown (US $): $187.95

Own this product?

Need help with your product?

1

Exclusively available at Lowe's.

Registering it helps usprovide the best service. Want to save this

product so you canquickly find it later?

Write the first review

Product Q&A

Ask a question. Follow this product

Product Features and Benefits

Featured Smart Features:

A geometric style with a touch of traditional flare tomatch any bathroom decor

Two handle lever design for ease of control

Features water efficient cache aerator that conserveswater without compromising the experience

Pop-up drain assembly included

Lifetime Faucet and Finish Warranty

ADA Compliant WaterSense Labeled Product

Brilliance Finish Legislation Compliant

Water-Efficient Product meeting CALGreen standards

This product meets EPAcriteria for WaterSense

Page1 of25717LF-SS Olmsted Two Handle Centerset Lavatory Faucet : Bath Products : Delta Faucet

11/13/201http://www.deltafaucet.com/bath/details/25717lf-ss.html

Exhibit B, Page


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Product Support, Repair Parts & Tech Specs

Installation Instructions / Owner's Manual


Technical Specifications


SUPPORT INFORMATION:

Number of Handles: 2

Installation Type: Centerset

Aerator Type: Cache

Valve Type: Washerless stem cartridge

Flow Rate: 1.5 gpm @ 60 psi, 5.7 L/min @ 414 kPa

Spout Length: 4-7/8

Spout Total Height: 6-5/8

Spout Height Deck toAerator:

4-1/16

Drain type: Plastic pop-up

3-hole 4 installation

Installing a Bathroom Faucet Video

Uninstalling a Bathroom Faucet Video

Troubleshoot Your Faucet

Frequently Asked Questions

General Faucet Installation Instructions

View warranty information

Register your product online

INSTALLATION INFORMATION

TROUBLESHOOTING RESOURCES

Coordinating Items

LAVATORY

Olmsted Two Handle

Widespread Lavatory

Faucet 35717-SS-DST

Reviews

Be the first to write a review



Exhibit B, Page


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1. The manufacturer's list price (U.S. dollars) is shown for comparison only. The actual retail price may be different from the price shown.

Customer Q & A

(0 Questions : 0 Answers)PRODUCT Q&A

Ask a question



Exhibit B, Page


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UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED ST TES JUDGES

This case has been assigned to District Judge Josephine L. Staton and the assignedMagistrate Judge is Arthur Nakazato

The case number on all documents filed with the Court should read as follows:

SACV13-I821-JLS ANx)

Pursuant to General Order 05-07 of the United States District Court for the Central District ofCalifornia, the Magistrate Judge has been designated to hear discovery related motions.

All discovery related motions should be noticed on the calendar of the Magistrate Judge.

Clerk, U. S. District Court

November 20 2013 By MDAVISDate Deputy Clerk

NOTICE TO COUNSELA copy of this notice must be served with the summons and complaint on all defendants if a removal action isfiled, a copy of this notice must be served on all plaintiffs).

Subsequent documents must be filed at the following location:

| Western Division [Tj/ Southern Division Q] Eastern Division312 N. Spring Street, G-8 411 West Fourth St., Ste 1053 3470 Twelfth Street, Room 134Los Angeles, CA 90012 y Santa Ana, CA 92701 Riverside, CA 92501

Failure to file at the proper location will result in your documentsbeing returned to you.

CV-18 08/13) NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES


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CIVIL COVER SHEET P n M F n R W Ia) PLAINTIFFS ( Check box if you are representing yourself Q )

Price Pfister, Inc.DEFENDANTS (Check Bex Wjoa are representing yourself | ]MASCO Corporation of Indiana, d/b/a Delta Faucet Company

Attorneys (Firm Name, Address and Telephone Number. If yourepresenting yourself, provide same information.)

Barnes &Thornburg LLP2029 Century Park East, Ste 300Los Angeles, CA 90067310) 284-3880

(b) Attorneys (Firm Name, Address and Telephone Number. If youare representing yourself,provide same information.)

BASIS OF JURISDICTION (Place an X in one box only.)1. U.S. Government [xj 3. Federal Question U.S.Plaintiff Government Not a Party)

| 2. U.S. Government 4. Diversity (Indicate CitizenshipDefendant of Parties in Item III)

111. ITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only(Place an X in one box for plaintiff and one for defendant)Citizen. ,*,,, SZrSS 1''1'Citizen of Another State ] 2 Q] 2 Incorporated and Principal Place i151

of Business in Another State Citizen or Subject of a . , Foreign Country Fore.gnNat.on

ORIGIN (Place an X in one box only.)1. Original i. 2. Removed from ii 3. Remanded from ii 4. Reinstated or ii 5.Transferred from Another ii District

Proceeding State Court 'J Appellate Court Reopened District (Specify) IJ Litigation

REQUESTED IN COMPLAINT: JURY DEMAND: Yes No (Check Yes only if demanded in complaint.)ACTION under F.R.Cv.P.23: QYes [x] No MONEY DEMANDED IN COMPLAINT:

CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diverPatent infringement pursuant to 35 U.S.C. 1, et seq.

NATURE OF SUIT (Place an X in one box only).OTHER STATUTES CONTRACT REAL PROPERTY CONT. IMMIGRATION PRISONER PETITIONS PROPERTY RIGHT

| 375 False Claims Act400 StateReapportionment

10 Antitrust430 Banks and Banking450 Commerce/ICCRates/Etc.460 Deportation470 Racketeer Influ-enced & Corrupt Org.

| 480 Consumer Credit90 Cable/Sat TV

850 Securities/Commodities/Exchange890 Other StatutoryActions91 Agricultural Acts

893 EnvironmentalMatters895 Freedom of Info.Act

96 Arbitration899 Admin. ProceduresAct/Review of Appeal ofAgency Decision950 Constitutionality ofState Statutes

10 InsuranceI | 120 MarineQ] 130 Miller ActI| 140 Negotiable'' Instrument

150 Recovery ofrn Overpayment&

Enforcement ofJudgment

| | 151 Medicare Act152 Recovery of

] Defaulted StudentLoan (Excl. Vet.)153 Recovery of

I | Overpayment ofVet. Benefits

I| 160 Stockholders' Suitsrn 190 Other

ContractiI 195 ContractI Product Liability] 196 Franchise

240 Torts to Land[ | 245 Tort ProductLiability 290 All Other Real

PropertyTORTS

PERSONAL PROPERTY

REAL PROPERTY10 LandCondemnation

220 Foreclosure230 Rent Lease & jectment

] 310 Airplane315 AirplaneProduct Liability

I| 320 Assault, Libel & Slander330 Fed. Employers'Liability340 Marine345 Marine ProductLiability350 Motor Vehicle

I| 355 Motor VehicleI 1 Product LiabilityI| 360 Other Personal Injury362 Personal Injury-

Med Malpraticeii 365 Personal Injury- Product Liability

367 Health Care/|| PharmaceuticalPersonal InjuryProduct Liability368 AsbestosI I Personal InjuryProduct Liability

462 NaturalizationApplication465 OtherImmigration Actions

TORTSPERSONAL PROPERTY

Habeas Corpus:| | 463 Alien DetaineeI| 510 Motions to Vacate'' SentenceI | 530 General| | 535 Death Penalty

|~l 820 Copyrights[xl 830 Patent

840 TrademarkSOCIAL SECURITY

70 Other Fraud 71 Truth in Lending

380 Other Personal

Other:

roperty Damage385 Property DamageProduct LiabilityBANKRUPTCY

| | 540 Mandamus/Other| | 550 Civil Rights|| 555 Prison Condition

560 Civil Detainee onditions of

Confinement

61 HIA (1395ff)I | 862 Black Lung (923)

63 DIWC/DIWW (40564 SSID Title XVI65 RSI (405 (g))

FEDERAL TAX SUIT

r 422 Appeal 28 use 158I| 423 Withdrawal 28ll use 157

FORFEITURE/PENALTY

CIVIL RIGHTS

P-. 625 Drug RelatedLJ Seizure of Property 21USC 881

90 Other

870Taxes U.S. PlaintDefendant)871 IRS-Third Party 267609

I | 440 Other Civil RightsI | 441 VotingI | 442 Employment 43 Housing/

Accomodations445 American with

] Disabilities-Employment 46 American with

Disabilities-Other| | 448 Education

LABOR

10 Fair Labor StandardsAct|| 720 Labor/Mgmt.' Relations| | 740 Railway Labor Act

751 Family and MedicalLeave Act

iI 790 Other Labor Litigation

791 Employee Ret. Inc.Security Act

OFFICE USE ONLY: Case Number: AU/3~ /RXI09/13) CIVIL COVER SHEET Page 1 o


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UNITED ST TES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

VIII. VENUE: Your answers to the questions below will determine the division of theCourt to which this case willmost likely be nitially assigned. This initial asis subject to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice ofRemoval.

Question A: Was thiscase removed fromstate court?

STATE CASE WAS PENDING IN THE COUNTY OF: INITIAL DIVISION N CACD S:Yes [x] No I | Los Angeles Western

If no, go to Question B. If yes, check thebox to the right that applies,enter thecorresponding division in response toQuestion D, below,and skip to Section IX.

|~~l Ventura, Santa Barbara,or San Luis Obispo WesternIf no, go to Question B. If yes, check thebox to the right that applies,enter thecorresponding division in response toQuestion D, below,and skip to Section IX.

Q] Orange SouthernIf no, go to Question B. If yes, check thebox to the right that applies,enter thecorresponding division in response toQuestion D, below,and skip to Section IX. Riverside or San Bernardino Eastern

Question B: Is the United States,or one ofits agencies or employees, a party to thisaction?

I I Yes [x] No

If no, go to Question C. If yes, check thebox to the right that applies, enter thecorresponding division in response toQuestion D, below, and skip to Section IX.

If the United States,or oneof its agencies or employees, s aparty, s it:INITIAL

DIVISION INCACD IS:


I I Yes [x] No


A PLAINTIFF?Then check he box below for the county n ;;

which the majority of DEFENDANTS reside.

A DEFENDANT?: Then check the boxbelow for thecounty inwhich the majority of PLAINTIFFS reside.

INITIALDIVISION IN

CACD IS:


I I Yes [x] No


Los Angeles Los Angeles Western


I I Yes [x] No


I| Ventura, Santa Barbara,or San LuisObispo

I| Ventura, Santa Barbara, or San Luis Obispo Western


I I Yes [x] No


l Orange |~~| Orange Southern


I I Yes [x] No


| | Riverside or San Bernardino | | Riverside or San Bernardino Eastern


I I Yes [x] No


Other Q] Other Western

Question C: Location ofplaintiffs, defendants, and claims?

A.Los Angeles

CountyB.

Ventura, Santa Barbara,orSan Luis Obispo CountiesC.

Orange CountyD.

Riverside or SanBernardino Counties

E.Outside theCentralDistrict of California

O

Indicate the ocation in which amajority of plaintiffs reside: Indicate the ocation in whichamajority of defendants reside: Indicate the location n which amajority of claims arose:

C I Is either of the following true? If so, checkthe one that applies:[X] 2 or more answers n ColumnC| | only 1 answer in Column C and no answers in Column D

Your case will initially be assigned to theSOUTHERN DIVISION.Enter Southern in response to Question D, below.

If none applies, answer question C2 to the right,

C.2. Is either of the following true? If so, checkthe one that applies:| | 2 or more answers n ColumnD| | only 1 answer in Column D andno answers n ColumnC

Your case will initially be assigned to theEASTERN DIVISION.Enter Eastern in response to Question D, below.

If none applies, go to the box below.

Your case will initially be assigned to theWESTERN DIVISION.

Enter Western in response to Question D below.

Question D: nitial Division? INITIAL DIVISION IN CACDEnter the initial division determined by Question A, B, or C above: Southern

CV-71 09/13) CIVIL COVER SHEET Page 2 of


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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

IX a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? x] NO YEIf yes, list case number(s):

IX b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? x] NO YESIf yes, ist case number(s):

Civil cases are deemed related If a previously filedcase and the present case:(Check all boxes that apply) |j ^ ^ r|se f r om ame or c|ose |y related transactions,happenings, or events; or

B. Call for determination o f the sameor substantially related or similar questions of law and fact; orC. For other reasons would entail substantial duplication of labor if heard bydifferent judges; orD. Involve the same patent, rademark or copyright,and one of he factors identified above in a, b or c also is present.

X. SIGNATURE OF ATTORNEY .(OR SELF-REPRESENTED LITIGANT): - DATE: Notice to Counsel/Parties:The CV-71 [JS-44 Clvii Cover Sheet and the nformation contained herein neither replacenor supplement the filing and serviceof pleadother papers as required by law. This form, approved by the udicial Conferenceof the UnitedStates in September 1974, s required pursuant to LocalRule 3-1 is notbut is used by the Clerk of the Court for the purposeof statistics, venue and nitiating the civil docket sheet. (For more detailed instructions,see separate instructionsKey to Statisticalcodes relating to Social Security Cases:

Nature of Suit Code Abbreviation Substantive Statement of Cause of ActionAll claims for health nsurance benefits (Medicare) under Title 18, Part A, of the Social Security Act,as amended. Alsinclude claims by hospitals, skilled nurs ing facilities,etc., for certificationas providers of servicesunder the program(42 U.S.C. 1935FF(b))All claims for Black Lung benefits under Title 4, Part B, of the FederalCoal Mine Health and Safety Act of1969. (30U923)All claims filed by insured workers for disability insurance benefits under Title 2 of the SocialSecurity Act, as amendall claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))All claims filed for widows or widowers nsurance benefits based on disab ility under Title 2 of he Social Security Acamended. (42U.S.C. 405 (g))

All claims forsupplemental security income payments based upon disability filed under Title 16of the Social Securiamended.

All claims for retirement (old age) and survivors benefits under Title2 of the Social Security Act,as amended.(42 U.S.C. 405 (g))

861

862

863

863

864

865

HIA

BL

DIWC

DIWW

SSID

RSI

price pfister v. masco corporation of indiana

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