Seal4Safti d/b/a Safti-Seal and Jim Klein Found in Contempt of Court For Inducing Patent Infringement
Los Angeles, CA, April 4, 2022–
Pursuant to the final decision regarding Case No. 2:18-cv-00659-JLR in the Federal District Court in the State of Washington, CEMCO is bringing to your attention these basic facts as highlighted below:
• Court for the Western District Washington has issued a Contempt Order on February 16, 2022 in the above- referenced case finding that certain Fire Rated Gasket (FRG) products sold by Seal4Safti, Inc. (“S4S”) are infringing CEMCO’s Patents.
• The Federal District Court in Washington has found “clear and convincing evidence of direct infringement by S4S’s customers and that S4S and Mr. Klein took steps to induce infringement with the requisite intent.” (Contempt Order at 38:20 – 39:2 see also, 42:6-9.) Click here to read the entire report.
• This means that customers of S4S have been found to be infringing upon CEMCO’s patents, which can result in liability for the customers if S4S fails to pay the damages.
• The Contempt Order covers U-shaped tracks used with intumescent strips in head-of-wall fire- rated assemblies because the District Court held that these products are covered by the Injunction. Therefore, installers of FRG Strips used with U-shaped tracks in-head-of-wall assemblies should be aware that the continued use could constitute direct infringement of CEMCO’s patents. This would also apply to FRG Strips that are field applied. While S4S/Mr. Klein may sell FRG Strips in roll form, your use of his products with U- shaped tracks in your projects could subject you to liability for direct infringement.
• We want to be clear that we do not want the legal disputes between CEMCO/ClarkDietrich and S4S/Mr. Klein/ to affect your business, hence we are making the effort to advise you of CEMCO’s Patents and the legal proceedings involving them. We believe it is in everyone’s best interest to be accurately informed about what is going on. Click here to read the letter from CEMCO’s legal counsel.
If you have any questions or concerns, please contact your local CEMCO sales representative.