Edgetech Responds to Glasslam Suit
May 17, 2011
Edgetech I.G. has filed a 40-page response to the suit filed against it by Glasslam USA (also known as Nebula Glass International Inc.) in late March. The original suit alleged that Edgetech has engaged in defamation, deceptive and unfair trade practices, and breach of contract, among other allegations, and relates overall to Glasslam’s entry into the warm-edge foam spacer market in 2007 with its EPD Air-Tight™ spacer, and Edgetech’s own warm-edge foam Super Spacer® product.
In the response to the suit, Edgetech acknowledges many of the facts of the case, such as that it manufactures a warm-edge spacer that uses an all-foam, no-metal formula that minimizes heat conduction and that the company obtained a sample of Glasslam’s EPDM Air-Tight™ Spacer during the 2007 GlassBuild America Show, but denies allegations that it acted with “anti-competitive conduct” at the time.
Edgetech also denies claims that it pressured suppliers that
manufacture raw materials used in foam spacers not to sell to
Glasslam. Among the suppliers named in the complaint were Gold
Key Processing Ltd. in Middlefield, Ohio, which provides EPDM
rubber; two adhesive suppliers, CCT Tapes in Philadelphia and
MACtac North America of Stow Ohio; and two silicone suppliers,
Dow Corning of Midland, Mich., and Wacker Chemie AG of Lehigh,
Glasslam had claimed that Edgetech conspires with trade
associations and certification councils to keep Glasslams
EPDM warm-edge foam spacer from the market. The company
named the Insulating Glass Manufacturers Alliance (IGMA) and
the Insulating Glass Manufacturers Association of Canada (IGMAC)
Glasslam claims that the Insulating Glass Certification Council
ruled in May 2008 that the lack of equivalency between
spacers required any window system containing a new spacer system,
such as Glasslams EPDM Air-Tight foam spacer, to be retested
for certification. Glasslam goes on to allege that this
ruling would have required any window manufacturer who
wanted to purchase Glasslams product instead of Edgetechs
to obtain a new certification, which included a lengthy and
expensive testing process.
Edgetech also submitted several affirmative defenses to the
complaint with its recent response, such as that the suit fails
to state a complaint for which relief may be granted, and that
“to the extent that Edgetech engaged in any of the conduct
alleged in the complaint, its conduct was reasonable, justified,
excused, privileged and/or in pursuit of lawful and legitimate
The company goes on to allege that “the damages allegedly
suffered by Glasslam were not caused in fact by any conduct
or act of Edgetech.” Edgetech officials also allege that
Glasslam is seeking damages for injury that occurred prior to
the applicable limitations period, and that the company’s
claims are barred by the doctrine of unclean hands and estoppel,
amidst several other legal doctrines.
Edgetech further claims that Glasslam “has failed to exercise
reasonable care and diligence to mitigate its alleged injuries
and damages,” and that, if damages do exist, they are
“speculative and impossible to ascertain.”
With regard to Glasslam’s claims that it was defamed by
Edgetech, the company responds, “Glasslam’s claim
for defamation is barred to the extent the alleged statements
are true,” and that “the alleged statements [were
made] with good motives.”
Edgetech is represented by McDermott Will & Emery LLP, which
has offices all over the world.
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