Window Manufacturer Granted Extension to Respond to PPG SuitJune 11th, 2012 by DWM Magazine
The U.S. District Court for the Western District of Pennsylvania has granted window-manufacturer Jeld-Wen Inc. an extension to file its response to a suit filed by PPG Industries in May 2012. The suit alleges that Jeld-Wen breached its rights to PPG’s patent applications.
Jeld-Wen officials cited “travel and other scheduling conflicts of party representatives” as its reasons for needing more time to respond in the motion for extension.
According to court documents, Jeld-Wen now has until July 13, 2012, to “answer, move, or otherwise plead in response” to PPG’s complaint. This is the second extension that has been granted to Jeld-Wen since the suit was filed. John G. Wall of Burns White LLC is the attorney for Jeld-Wen and Russell J. Ober Jr. of Meyer, Unkovic & Scott LLP is the attorney for PPG.
The extension was entered and sign by judge Nora Barry Fischer of the U.S. District Court for the Western District of Pennsylvania late last week.
PPG claims it had granted Jeld-Wen specific rights and licenses to its patent application regarding an insulting unit with low thermal conducting edge in September 1992. In return, the window-manufacturer had agreed to make royalty payments, according to PPG’s complaint.
“Despite several demands that it do so, Jeld-Wen has failed to make its required royalty payments,” states PPG in the complaint.
Additionally, the suit states “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 also claims excluding interest and costs, damages have exceeded $75,000.