 
$75,000 PPG Suit Against Jeld-Wen Dismissed
with Prejudice
July 30, 2012
by Erica Terrini, eterrini@glass.com
PPG Industries' suit against Jeld-Wen Inc., which alleged breach
of license, has been dismissed. According to the order of dismissal,
which was granted by the U.S. District Court for the Western District
of Pennsylvania, both companies agreed the suit should be dismissed
with prejudice and therefore the Klamath Falls, Ore., window manufacturer
Jeld-Wen cannot be retried for the original allegations made by
Pittsburgh-based PPG.
PPG
filed the suit against Jeld-Wen in May, claiming that the company
violated its rights to PPG's patent applications "covering
an insulating unit with a low thermal conducting edge." The
complaint alleged that per its license agreement, PPG had granted
to Jeld-Wen certain rights and licenses with respect to the patents.
In exchange for the rights and licenses granted to Jeld-Wen by PPG,
the window manufacturer was required to make periodic royalty payments
to PPG, according to the complaint.
"Despite several demands that it do so, Jeld-Wen has failed
to make its required royalty payments," alleged PPG in the
complaint.
The suit also claimed that "as a direct and proximate result
of defendant Jeld-Wen's breach of contract, PPG has suffered damages
resulting from Jeld-Wen's failure and refusal to pay the royalty
payments required by the license agreement." PPG alleged that
its damages had exceeded $75,000, exclusive of interest and costs.
The original agreement regarding the patents was made on September
24, 1992, according to the complaint.
Jeld-Wen had not yet responded to the complaint, having received
two extensions prior to the case's dismissal.
Officials from neither PPG nor Jeld-Wen had responded to requests
for comment at press time.
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