Weiland Files Patent Infringement Suit Against
Panda Windows and Doors
April 15, 2010
Weiland Sliding Doors and Windows Inc. has filed a suit against
Panda Windows and Doors alleging patent infringement. The complaint
was filed in the U.S. District Court for the Southern District of
California on March 30.
Weiland alleges that Panda infringed on U.S. Patent 7,007,343 (the
'343 patent) and U.S. Patent 6,792,651 (the '651 patent), which
are said to cover two inventions by Weiland founder William R. Weiland
and relate to drainage systems often found in "lift and slide"
"[Panda] has offered for sale and sold, and continues to offer
for sale and sell tracks that have identical drainage systems to
the system which Weiland protected by the '343 and '651 patents,
throughout the United States, including in this judicial district,"
writes Weiland in its complaint.
Weiland goes on to assert that Panda "knew of Weiland's patent
rights from the time of the first such product manufactured by Defendant,
in part, because the products of Defendant appear to be copies of
those from Weiland."
In addition to patent infringement, Weiland alleges that Panda
"induced and is inducing" the alleged infringement by
"advertising, promoting, providing instructions and brochures
on the assembly, installation use and sale of the patented inventions
in such a manner as to actively induce infringement of the Plaintiff's
patents in the United States and specifically in this Southern District
of California, and will continue such infringement unless enjoined
by this court."
Weiland is seeking a preliminary and permanent injunction against
Panda, damages related to the charges "in an amount yet to
be ascertained," attorneys fees and court costs, and that Panda
"be required to cancel any purchase orders for infringing products
and destroy all inventory of the same," according to the complaint.
Representatives from Panda were not available for comment at press
HERE for statement from Weiland regarding the suit.
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