IP Law Daily, PATENT NEWS: Broan sues Homewerks for infringing utility fan products, (Jul 2, 2015)

By Peter Reap, J.D., LL.M.

Broan-Nutone (“Broan”) has filed suit in the federal district court in Milwaukee accusing Homewerks Worldwide of infringing three Broan patents that relate to ventilation fans. Specifically, Broan asserts its U.S. Patent Nos. 6,830,065 (“the ?065 patent”), 8,382,332 (“the ?332 patent”), and 7,203,416 (the ?416 patent”) and claims that Homewerks is selling products that infringe these patents both online and in Lowe’s and Home Depot store locations.

According to the complaint, Broan is the owner of (1) the ‘065 patent entitled “Duct Connector Apparatus and Method” that issued on December 14, 2004; (2) the ‘332 patent entitled “Lighting and Ventilating System and Method” that issued on February 26, 2013; and (3) the ‘416 patent entitled “Ventilating and Heating Apparatus with Heater Shielded by Tapered Discharge Duct” that issued on April 10, 2007. Homewerks has had actual knowledge of and has been aware of the ‘065 patent, the ‘332 patent, and the ‘416 patent since at least June 10, 2015, Broan contends.

Homewerks has sold and continues to sell several products that infringe one or more claims of the ‘065 patent, the ‘332 patent, and/or the ‘416 patent, including: (1) the Utilitech 1.2-Sone 110-CFM Bathroom Fan with Room and Night Light (model no. 7108-03-L); (2) the Home NetWerks 90 CFM Bluetooth Stereo Speaker Bath Fan with LED Light (model no. 7130-02-BT); and (3) the Home NetWerks 1.5-Sone 90-CFM Bathroom Fan (model no. 7130-01-BT), among others. The complaint includes three claims for patent infringement and requests damages and injunctive relief. If a permanent injunction is not granted, Broan asks for a judicial determination of the conditions of future infringement such as a royalty bearing compulsory license or such other relief as the court deems appropriate.

The complaint in Broan-Nutone LLC v. Homewerks Worldwide, LLC, Case No. 2:15-cv-00799-WED, was filed July 1, 2015.

Attorneys: Kenneth R. Nowakowski (Whyte Hirschbeck Dudek S.C.) for Broan-Nutone LLC.

Companies: Broan-Nutone LLC; Homewerks Worldwide, LLC

News: Patent WisconsinNews