J-channel window lawsuit staying in Tennessee

By Catherine Kavanaugh
Staff Reporter

Published: June 2, 2014 5:40 pm ET
Updated: June 4, 2014 12:08 pm ET

Image By: Silver Line Silver Line 8600 Series double-hung window.

Related to this story

Topics Legal, Construction, Windows & doors, Extrusion, Pipe/Profile/Tubing

A patent infringement lawsuit involving J-Channel window frame technology will not be moving to U.S. District Court in New York, where a couple of big-name defendants had wanted to transfer the case.

The request by Home Depot and Silver Line Building Products, which is based in North Brunswick, N.J., was denied. The lawsuit filed last year by J-Channel Industries Corp. will remain in U.S. District Court in Tennessee.

J-Channel Industries is a wholly owned subsidiary of Mellville, N.Y.-based CopyTele Inc. (CTI), which has about 20 patent infringement lawsuits pending against window manufacturers, retailers and home builders in the Tennessee court.

Seven other potential defendants were or will be dismissed after entering into license agreements with J-Channel.

Silver Line, however, maintains in court documents that the windows it manufactures, markets and sells do not infringe on any patent. The company issued a statement saying it is ready to defend that position regardless of venue.

“[U.S. District] Judge [Ronnie] Greer’s decision only denied the parties’ request to transfer the litigation from Tennessee to New York,” the statement says. “Our defenses of non-infringement, invalidity and unenforceability of an expired patent, held by a non-practicing entity, are unaffected by the decision. We will continue to vigorously defend the case in Tennessee and look forward to presenting our arguments on the merits to the Tennessee court.”

In his May 30 opinion, Judge Greer, whose courtroom is in Greenville, Tenn., says he agrees with the New York judge that the convenience of witnesses favors Tennessee. Judge Greer notes that inventor Leland Sayers, now 80, lived in Knoxville and his son, Kendall Sayers, who currently owns U.S. Reissue patent number 40,041, still resides there along with four pallets of materials related to the case.

J-Channel technology allows for easier and faster installation of windows. CTI estimates that U.S. sales of J-Channel windows exceed 10 million annually.

With estimated annual sales of $145 million, Silver Line ranks 25th among North American pipe, profile and tubing extruders, according to the Plastics News 2013 ranking.

Other defendants in the case include Ply Gem Industries, Pella Corp., Jeld-Wen Inc., Atrium Windows and Doors Inc., Comfort View Products LLC, Wincore Window Co., Vinylmax LLC, Simonton Building Products Inc., Magnolia Windows and Doors, Quaker Window Products, Sun Windows, and Weather Shield Manufacturing.

The other businesses that have settled include MI Windows and Doors, YKK AP America, PGT Industries, HWD Acquisitions Inc. (makes vinyl windows sold under the Hurd and SuperSeal brand names), Elixir Industries and Tafco Corp. The Tafco agreement also resolved the lawsuit against Lowe’s.


Comments

J-channel window lawsuit staying in Tennessee

By Catherine Kavanaugh
Staff Reporter

Published: June 2, 2014 5:40 pm ET
Updated: June 4, 2014 12:08 pm ET

Post Your Comments


Back to story


More stories

Image

Ply Gem continues acquisition streak, buying Simonton for $130 million

August 20, 2014 2:33 pm ET

Building materials manufacturer Ply Gem Holdings Inc. will acquire Simonton Windows from Fortune Brands Home & Security in a $130 million deal that...    More

Image

Tree Armor: The buck stops here

August 20, 2014 12:17 pm ET

Pennsylvania farmer Jim Saunders pitched his idea for a vinyl wrap to protect tree trunks from deer to U.S. processors in five states but no one...    More

Image

Cooper-Standard JV to focus on Asia

August 20, 2014 10:17 am ET

Cooper Standard Automotive Inc. is forming Cooper Standard Inoac Pte. Ltd. — a joint venture with Inoac Corp. of Japan — to expand the...    More

Image

Pactiv selling building products unit to Ireland's Kingspan

August 19, 2014 3:54 pm ET

Irish building material manufacturer Kingspan Group plc is acquiring the insulation business of Lake Forest, Ill.-based Pactiv Building Products for...    More

Image

Mexichem buys HDPE pipe extruder Dura-Line Corp.

August 18, 2014 2:05 pm ET

UPDATED — PVC pipe and specialty chemicals maker Mexichem SAB de CV said Monday it has agreed to buy Dura-Line Corp., a prominent manufacturer o...    More

Market Reports

Thermoformed Packaging 2014 Market Review & Outlook North America

This in-depth report analyzes economic and market trends, legislative/regulatory activity impacting supply and demand, business opportunities and threats, materials pricing, manufacturing technology, as well as growth strategies being implemented by thermoformed packaging companies.

Learn more

Pipe, Profile & Tubing Extrusion in North America 2014

U.S. demand for extruded plastics is expected to grow by 3 percent in 2014, with PVC remaining the largest segment.

Plastic pipe will post the strongest gains through 2018, continuing to take market share from competing materials in a range of markets.

Our latest market report provides in-depth analysis of current trends and their financial impact on the pipe, profile and tubing extrusion industry in North America.

Learn more

2014 Injection Molding Industry Report

GROWTH, OPPORTUNITY IN SIGHT FOR INJECTION MOLDERS IN 2014

In the wake of the economic turbulence earlier in this decade, molders today find themselves in much better shape. Molders are gaining a competitive advantage by investing in people, equipment and seeking inroads into new markets on a global scale.

Growth in the injection molding industry is going to be driven by low financing costs and a continued move to reshore some business.

Learn more

Upcoming Plastics News Events

September 10, 2014 - September 12, 2014Plastics Caps & Closures 2014

January 14, 2015 - January 14, 2015Plastics in Automotive

February 4, 2015 - February 6, 2015Plastics News Executive Forum 2015

More Events