TAMPA – A Bradenton company is seeking the court's opinion that its products are not infringing a California business' patents.
The Ipe Clip Fastener Co. LLC filed a complaint on Oct. 7 in the Tampa Division for the Middle District of Florida against Simpson Strong-Tie Co. Inc. seeking declaratory relief.
According to the complaint, the plaintiff alleges that in June 2002, both predecessors of plaintiff and defendant entered into a license agreement with regard to the production of certain hidden outdoor deck fasteners. However, suit states the defendant is now accusing plaintiff's products to be under patent owned by the defendant.
The plaintiff holds Simpson Strong-Tie Co. Inc. responsible because the defendant allegedly accused plaintiff that its products, Extreme4 and ExtremeKD fasteners, are infringing on its '113 or '702 patent and claimed that it is owed royalties by the plaintiff.
The plaintiff requests a trial by jury and seeks declaratory judgment of non-infringement, attorneys’ fees, disbursements, costs of action and further relief as may be just. It is represented by J. Todd Timmerman, Mindi M. Richter and Jeffrey P. Fabian of Shumaker, Loop & Kendrick LLP in Tampa and Jennifer L. Friedman of Schroder, Joseph & Associates LLP in Buffalo, New York.
Tampa Division for the Middle District of Florida
Case number 8:16-cv-02862