Vendor & Supplier News

Court Grants ACE DuraFlo Attorney Fees In Patent Dispute

The United States District Court, Central District California, granted ACE DuraFlo Systems motion for attorney fees in the matter involving ACE and eight defendants.

The United States District Court, Central District California, on June 19, 2007, granted ACE DuraFlo Systems motion for attorney fees (Case No SA CV 05-01039 DDP (Ctx)) in the matter involving ACE and eight defendants including: Bill Howe Plumbing Inc. of San Diego, Nu Flow America Inc., American Pipe Lining Inc., Bill Howe Sr., Bill Howe Jr. and Steve Howe.

The legal standard in patent matters (35 U.S.C.§ 285) sets that a court is permitted to award attorney fees to the prevailing party in “exceptional cases.” Exceptional cases for example include “those involving fraud, calculated recklessness, bad faith and conduct short of fraud but in excess of negligence.” The court found that the American Pipe Lining’s conduct in this case placed them squarely within the range of cases in which courts grant attorney fees.

In April, the U.S. District Court for the Central District of California denied APL’s request that the court reconsider its Jan. 29, 2007, ruling in favor of ACE, for summary judgment in which it found that ACE had not infringed, induced others to infringe or contributed to the infringement of United States Patent No. 5,707,702 (the “702 patent”).

The 702 patent generally involves a method for manufacturing an epoxy pipelining composition. The 702 patent, owned by the US, is licensed to APL and sublicensed to Nu Flow America. ACE had originally sought a declaration of noninfringement as part of an ongoing dispute with APL, Nu Flow America, Nu Flow 2000, Bill Howe Plumbing Inc., Steve Howe and others. In the court’s original findings, the court found that APL had not presented any evidence from which a reasonable fact-finder could find that ACE infringed the 702 patent. APL failed to provide any evidence of infringement.

Did you enjoy this article? Click here to subscribe to Plumbing & Mechanical. 

You must login or register in order to post a comment.

Multimedia

Videos

Image Galleries

DEWALT media event at Stanley Black and Decker University

The DEWALT media event was hosted at the Stanley Black and Decker University in Towson, Md.
Photos by Mike Miagza

3/13/13 2:00 pm EST

Prepared to Navigate the New Lead-Free Laws?

AVAILABLE ON DEMAND Sail through lead-free law compliance. When piping a potable water system, the bronze valves you’re using have an expiration date –January 4, 2014. Find out what US Senate Bill S.3874 is about, how it compares to previous standards, and most importantly — how it will affect you.

THE MAGAZINE

Plumbing and Mechanical

PM April 2013 cover 130px

2013 April

Check out the newest issue of Plumbing & Mechanical magazine! You can also view our Ad Index here.

Table Of Contents Subscribe

Taxes

What is the status of your overall 2012 tax bill for your business?
View Results Poll Archive

The Plumbing and Mechanical Store

M:\General Shared\__AEC Store Katie Z\AEC Store\Images\Plumbing\new sites\valve-handbook.gif
Valve Handbook

Revised to include details on the latest technologies, Valve Handbook, Third Edition, discusses design, performance, selection, operation, and application. This updated resource features a new chapter on the green technology currently employed by the valve industry, as well as an overview of the major environmental global standards that process plants are expected to meet.

More Products

Clear Seas Research

Clear Seas ResearchWith access to over one million professionals and more than 60 industry-specific publications,Clear Seas Research offers relevant insights from those who know your industry best. Let us customize a market research solution that exceeds your marketing goals.

Truck of the Month

Truck of the month

Are you proud of how your service truck looks? Do the graphics give people whiplash as they drive by? Have your calls increased because people remember your truck — and your company name? If so, we’d like to see it, too! Click here to find out how your service truck could be chosen as PM's Truck of the Month.

 

STAY CONNECTED

Connect to PM on Facebook Connect to PM on Twitter  Watch PM on YouTube