American Fireglass™ Wins Patent Case Against Moderustic
On March 21, 2016, In Industry News by Greg Thompson
LAKE ELSINORE, CA - American Fireglass, manufacturer of fireplace/fire pit glass and related burner products, has successfully completed its Inter Partes Reexamination of Moderustic’s core U.S. Patent No. 7,976,360 (the “Core Patent”) before the United States Patent and Trademark Office (“USPTO”) and the United States Court of Appeals for the Federal Circuit.
The Federal Circuit has affirmed the USPTO’s decision, disallowing all of the claims of the Core Patent as being unpatentable and obvious in light of prior art. (See USPTO Reexamination Control No. 95/001,724 and Federal Circuit Case No. 2015-1772.)
“The Federal Circuit’s ruling is a total victory for American Fireglass,” said Phillip C. Samouris of Higgs, Fletcher & Mack LLP, who represented American Fireglass in the case, together with Charles F. Reidelbach of Higgs, Fletcher. “The Federal Circuit affirmed the USPTO’s ruling, disallowing all of the claims of the Core Patent, showing once and for all that Moderustic’s Core Patent is invalid and unenforceable.”
“We are extremely pleased at the outcome of this lawsuit,” said Matt Doll, CEO of American Fireglass. “About a dozen companies manufacture Fireglass and winning this lawsuit helps every one of them. Being a pioneer in this industry we felt it was our responsibility to save the jobs and lively hood for so many people.”
