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WCM Industries, Inc. vs IPS Corporation, et al

Case Summary: 13-CV-02019

Plaintiff WCM Industries brought this action alleging patent infringement by Defendants IPS Corporation and American Brass & Aluminum Foundry Company (AB&A), which was recently acquired by IPS. Plaintiff owns patents related to the design of an “overflow assembly,” the fittings and pipes used in overflow outlets commonly found in bathtubs. These assemblies connect to the waste water drain system to divert water that reaches the overflow outlet, thereby reducing or eliminating overflows and associated water damage. According to Plaintiff’s Complaint, AB&A is selling overflow assemblies that infringe six patents held by Plaintiff.

IPS denied Plaintiff’s allegations and asked the court for a declaratory judgment of non-infringement. IPS is also seeking a declaratory judgment of non-infringement against WCM in a separate action pertaining to press-in trim kits for bath drains. It filed a motion to consolidate the two actions in this proceeding, but the court denied the motion on July 2, 2013.

This video shows the pre-trial claims construction, or Markman, hearing held on March 10, 2014. During this proceeding, the court heard arguments concerning the meaning of relevant terms in Plaintiff’s patents.

Case Highlights

  • Complaint filed 1/09/2013 (Doc #1)
  • Answer filed 2/19/2013 (Doc #12)
  • Court denies IPS’s motion to consolidate cases 7/02/2013 (Doc #45)
  • Markman hearing held 3/10/2014 (Doc #85)

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