Construction & Home Improvement

Whether residential or commercial, large scale or build-to-suit, our Construction and Home Improvement Group knows building construction technologies and materials inside and out. We assist individuals, small businesses and mid-size companies with a variety of services, among them patent prosecution, third party patent evaluations, licensing, patent landscape analysis and litigation.

Our experience encompasses building and construction materials such as piping and siding, home appliances such as burners for cooktops and stoves, and plumbing devices. We also have an extensive background in hose reels and cord reels for residential and commercial settings, modular pre-fabricated shear walls and door/window frames for on-site building construction, passive and active ventilation systems (particularly attic and roof ventilation), devices for seismic retrofitting of buildings, and electrical outlet technologies.

Our deep knowledge of the construction and building materials industries—and how they fit together—gives us an unparalleled ability to quickly understand our clients’ technologies, help them identify opportunities, and realize their business goals.

Our attorneys have experience in all areas of Construction and Home Improvement, including:

Building Construction

Concrete & Aggregates

Furniture

HVAC & Passive Ventilation

Patio

Pool & Spa

Windows

Building Products & Materials

Electrical

Gardening

Machine Shops

Plumbing

Roofing

Representative Engagements

Atlas Bolt and Screw Company

Aztec Washer Company

California Timberline (wholesale distributor of industrial softwood, hardwood and hardwood plywood)

Diversified Systems

Great Stuff, Inc. (hose reels and cord reels)

James Hardie Research

Makita USA

O’Hagins Inc. (attic & roof ventilation products)

Retirement Housing Foundation (Senior citizen and assisted living facilities)

Trussed Inc. (pre-fabricated shear walls and door/window frames)

Successes

Univ. of North Dakota v. James Hardie Research, et al. (2004)

Represented defendant in intellectual property contract dispute. Obtained preliminary injunction and summary judgment in client’s favor. Achieved favorable case-dispositive settlement for client.

Cabinet Vision v. Cabnetware

We represented the defendant in post-trial proceedings in a patent infringement action relating to computer-aided design software. Initially, we obtained an injunction against patent owner making misrepresntations to potential customers regarding the anticipated outcome of a lawsuit. Later, we successfully obtained Judgment as a Matter of Law overturning an unfavorable jury verdict on invalidity, which was affirmed on appeal. Unpublished opinion: 2000 U.S. App. LEXIS 2030.

Beam System, Inc. v. Checkpoint Systems, Inc. et al., 42 U.S.P.Q. 2d 1461 (C.D. Cal. 1997)

Represented Diversified Systems, one of the defendants, in obtaining dismissal of copyright infringement claims involving computer software. Diversified Systems sells systems for controlling HVAC in office buildings to allow tenants to control their own lighting and heating.

Cook v. Makita USA, Inc.

We defended the world’s premier power tool maker, Makita USA, in a trade secret misappropriation case relating to power tool design. The plaintiff alleged that he was the inventor of a power tool accessory, and claimed that he had presented the accessory to Makita pursuant to a non-disclosure agreement. We resolved the matter favorably shortly before trial, when the plaintiff dismissed all claims without any compensation from our client.

Partners Sabing Lee and David Schmidt, Ph.D were interviewed in "7 Expert Insights on Packaging IP and Patents," which was published in two online publications, Plastics Today and Packaging Digest...
Imaginary Slice of Accused Product Failed to Satisfy Structural Claim Limitation
Partner Kerry Taylor, Ph.D. was quoted in "Caterpillar Can’t Play Arthrex Card For Patent Tribunal Redo (1)," which was published in Bloomberg Law. Excerpt: "Caterpillar Paving Products Inc. failed to...