$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.