TAMPA – A California corporation claims a Brandenton company has left out two products as part of its royalty payments.
Simpson Strong-Tie Co. Inc. filed a complaint on Nov. 30 in the Tampa Division for the Middle District of Florida against The Ipe Clip Fastener Co. LLC alleging breach of written agreement and other counts.
According to the complaint, the plaintiff alleges that on June 11, 2002, plaintiff's and defendant's predecessors-in-interest entered into a licensed agreement related to certain R&B deck fastener products. They allege the defendant's predecessor, R&B Marketing Corp., failed to include the Extreme4 and ExtremeKD fasteners in its royalty calculations, thus when plaintiff acquired all of Blue Heron Enterprises' assets and patent rights, the plaintiff then sent the defendant written notice of its alleged failure to include the accused products in royalty payment.
The plaintiff holds The Ipe Clip Fastener Co. LLC responsible because the defendant allegedly breached the license agreement by failing to include the accused products in its calculation of the royalty payment as required by the agreement and is currently infringing the patents by making, using and selling products that embodied plaintiff's inventions.
The plaintiff requests a trial by jury and seeks adjudged defendant to have materially breached the license agreement and hold defendant liable for breach of contract, account and pay compensatory damages, interest, costs, attorneys' fees and further relief as the court may deem just. It is represented by Michael J. Colitz and Cole Y. Carlson of GrayRobinson PA in Tampa and Joseph V. Mauch, Arthur J. Shartsis and Erick C. Howard of Shartsis Friese LLP in San Francisco.
Tampa Division for the Middle District of Florida
Case number 8:16-cv-03295