Dear Valued Customer,
On January 8, 2024, Judge Robart from the Federal District Court in Washington (Case No. C18-0659-JLR) issued his final judgement against James Klein & S4S, aka Safti-Seal.
In this Final Judgment, CEMCO and Clark Dietrich have been awarded approximately $ 2,724,000 in damages, interest, attorney fees, and costs. This is in addition to the approximately $576,000.00 of attorney fees and costs awarded against S4S as a result of a 2022 jury trial in the Central District Court of California (Case No. 2:20-cv-10409-MCS-JEM).
More importantly to customers, Safti-Seal/S4S has been ordered to immediately withdraw its third-party UL listings that reference, depict, or suggest the application of an FRG Strip (or any other intumescent strip not more than colorably different from FRG Strip) on the outer sidewall surface of a U-shaped track and also prohibits any modified third-party listings that reference, depict, or suggest the application of an FRG Strip (or any other intumescent strip not more than colorably different from FRG Strip) on the outer sidewall surface of a U-shaped track .
Excerpt taken from the Final Judgment issued 1/08/2024:
The following injunctive relief is issued to protect Plaintiffs’ patent rights: a. S4S shall withdraw its UL listings, and any other third-party certifications (collectively, “UL listings”), that reference, depict, or suggest the application of an FRG Strip (or any other intumescent strip not more than colorably different from FRG Strip) on the outer sidewall surface of a U-shaped track; and
S4S is enjoined from submitting any proposed modified listing or certification to a third-party publisher or certification entity (such as UL), where said proposed modified listing or certification depicts, describes, or suggests the application of an intumescent strip to the outer sidewall surface of a U-shaped track for use in fire-stopping applications, absent Plaintiffs’ agreement or approval by the court;
Click HERE to access the Full Final Judgement at this link.
To view each of these documents clink on the QR code below.
SECOND AMENDED JUDGMENT IN A CIVIL CASE CASE NO. C18 0659JLR
If you have any questions or concerns, please contact your local CEMCO sales representative.