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IPS Corporation v. WCM Industries

Case Summary: 12-cv-02694

Plaintiffs IPS Corp. brought this action for declaratory judgment regarding allegations of patent infringement. Defendant WCM Industries owns a patent on the design of a press-in trim kit for waste water drains used in baths and showers. Prior to this action, Defendant sued a separate company, AB&A, for infringing on this patent. The parties reached a settlement agreement preventing AB&A and its successors from producing or selling the infringing product.

Plaintiff acquired AB&A before it had reached the settlement agreement with Defendant. Following settlement, Plaintiff began manufacturing and selling a redesigned press-in trim kit that it believed to be distinct from AB&A’s infringing products. Defendant nonetheless accused Plaintiff of infringing on the same patent, so Plaintiff filed this complaint seeking declaratory judgment that its product does not infringe on Defendant’s patent. Defendant filed an Answer with a Counterclaim asserting patent infringement.

This video shows the pre-trial claims construction or Markman hearing held on March 11, 2014. During this proceeding, the court received evidence and arguments concerning the meaning of relevant terms in Defendant’s patent.

Case Highlights

  • Complaint filed 8/09/2012 (Doc #1)
  • Answer and Counterclaim filed 4/12/2013 (Doc #28)
  • Markman hearing held 3/11/2014 (Doc #57)

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit