FrenchPorte v Martin - Complaint

8/13/2019 FrenchPorte v Martin - Complaint

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

FRENCHPORTE IP, LLC, and )FRENCHPORTE, LLC, )

)Plaintiffs, )

) Civil Action No. 1:13-cv-01329

v. ) JURY TRIAL DEMANDED)

MARTIN DOOR MANUFACTURING, )INC. and DIRECTBUY, INC. )

)Defendants. )

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT

Plaintiffs FrenchPorte IP, LLC and FrenchPorte, LLC (FrenchPorte) files this

Complaint against Defendants Martin Door Manufacturing, Inc. (Martin) and

DirectBuy, Inc. (DirectBuy), based upon actual knowledge as to itself and its own

actions, and on information and belief as to all other persons and events, as follows:

Parties

Case 1:13-cv-01329-TSE-TRJ Document 38 Filed 01/07/14 Page 1 of 38 PageID# 457


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registered agent for service, CT Corporation System at 818 W Seventh Street, Los

Angeles, CA 90017.

3. DirectBuy is an Indiana corporation with its principal place of business at8450 Broadway, Merrillville, IN and with three show rooms in the Commonwealth of

Virginia, all located in the Eastern District of Virginia: DirectBuy of Hampton Roads,

DirectBuy of Richmond, and DirectBuy of Woodbridge. DirectBuy may be served with

process by service on its registered agent for service, Corporation Service Company, 251

E Ohio St. Suite 500, Indianapolis, IN, 46204.

Jurisdiction and Venue

4. This claim arises under the United States patent laws, 35 U.S.C. 1, etseq. This Court has jurisdiction over this action pursuant to 28 U.S.C. 1331 and

1338(a).

5. Martin has transacted business in the Commonwealth of Virginia,including the Eastern District of Virginia, and has caused tortious injury in this

Commonwealth and District by an act or omission outside this Commonwealth and



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6. Martin has offered for sale and sold residential aluminum doors in theCommonwealth of Virginia which infringe the FrenchPorte patents as described below,

including the Eastern District of Virginia, ever since their launch in late 2007. Martin has

sold approximately 20 residential aluminum garage doors in the Commonwealth of

Virginia for between $60,000 to $200,000 depending primarily on whether the doors sold

were single or double doors. The precise numbers of doors sold by Martin in the

Commonwealth of Virginia and the Eastern District of Virginia, their actual size, and

their exact selling price(s), will be determined after FrenchPorte is afforded a reasonable

opportunity for further investigation and discovery.

7. DirectBuyhas transacted business in the Commonwealth of Virginia,including the Eastern District of Virginia, and has caused tortious injury in this

Commonwealth and District by an act or omission outside this Commonwealth and

derived substantial revenue from goods used or consumed in this Commonwealth and

District, by (a) establishing a network of DirectBuy stores in this Commonwealth and in

this District, including DirectBuy of Hampton Roads, DirectBuy of Richmond, and



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price(s), will be determined after FrenchPorte is afforded a reasonable opportunity for

further investigation and discovery.

9. Venue is proper in this District and Division, under 28 U.S.C. 1391 and1400. Martin and DirectBuy reside within this District.

Factual Background

10. The FrenchPorte Patents are directed to overhead garage doors that lookjust like French doors. An example from FrenchPortes website is reproduced below:

(Ex. B at 1).

11. While this garage appears to have three sets of French doors, in fact, as aninterior shot of the rightmost door of this same garage shows, the FrenchPorte garage



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12. Accordingly a FrenchPorte garage is difficult to recognize as a garage atall as the following picture illustrates:

(Ex. D at 1).

13. While this picture appears at first glance to be a series of French doorsleading onto a patio, in fact it is actually the front of a four-car garage, which becomes

clear when one of the FrenchPorte garage doors is raised into the ceiling on its tracks:



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garage had been set up as a temporary office, and the garage door had been replaced with

French doors. (Ex. F at 1). When Ms. Maher inquired if she could buy a house with these

doors, the builder told her that the situation was only temporary and that they would be

reinstalling that ugly garage door as soon as the house was sold. (Ex. F at 1).

16. Ms. Maher was not deterred, however. As she recalls thinking at the time,how hard would it be . . . to make a garage door that was attractive one that looked

like a French door but still operated as an overhead door? (Ex. G at 1). Ms. Maher

quickly found out the answer to her question: much harder than she initially thought.

17. The first problem Ms. Maher ran into is that while she found conventionalgarage doors ugly, the mostly male garage-door dealers who dominated the industry

didnt see them that way. (Ex. G at 1). Moreover, these same dealers were concerned

about the cost of a garage door that looked like a French door. A conventional garage

door cost $1000, and garage door dealers knew how to sell garage doors at that price.

(Ex. H at 2). But they worried that a garage door that looked like a French door would be

significantly more expensive, and possibly cost multiples of a conventional garage door.



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could it be done? Could she design a garage door that not only looked beautiful on

paper, but also could be built and sold for a price people were willing to pay?

19. To answer these questions, some 21 months after Ms. Maher filed her firstdesign patent application, Ms. Maher entered into an NDA with Innovative Design

Solutions, Inc. (IDS) (Ex. I at 1). She commissioned IDS to make a prototype of

FRENCH PORT DOORS to be constructed out of wood or other material with panes

of polycarbonate or other material inserted and arranged in a way to give the appearance

of French Doors in place of the garage door while retaining the ability to function in the

same way as a standard garage door. (Ex. I at 1). As that makes clear, at that time it

was still not clear what materials would be used to make even this one of a kind

prototype, let alone what could be used in a manufactured version of the FrenchPorte

doors. (Ex. I at 1).

20. It took nearly six months of work, but by late January 2002, Ms. Maherand IDS working closely together had produced a full scale prototype of a FrenchPorte

garage door. (See Ex. J and K). Two months later, Ms. Maher filed her first utility patent



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The only way to prove that people would pay for a FrenchPorte door was to launch the

door as a commercial product, have it succeed on a small scale, and then attract a larger

manufacturer who would partner with FrenchPorte to market the door properly. Ms.

Mahers husband, Ken Maher, believed in the project and, to help Ms. Maher realize her

vision, succeeded Ms. Maher as FrenchPortes CEO at this time, adding his business

expertise from running a successful mortgage business to Ms. Mahers design talents.

22. In the summer of 2003, FrenchPorte hired Alto Garage DoorManufacturing to develop and manufacture FrenchPorte Garage Doors. (Ex. M at 1).

These manufactured FrenchPorte doors were shown for the first time at the International

Builders Show in Las Vegas, Nevada in January 2004, and over a thousand attendees

expressed interest in the door. (Ex. M at 1). FrenchPorte also caught the attention of

HGTV at the show, who interviewed Ms. Maher (Ex. M at 1) and named the FrenchPorte

door one of HGTVs 100 Best Innovative Ideas that year. (Ex. F at 1; Ex. H at 1).

Once the HGTV segment of Ms. Maher and her door aired on HGTV, inquiries from

potential customers started rolling in as to how to obtain the door and at what price. (See



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dealers in the east. (Ex. M at 2). Wholesale revenue climbed to $350,000 in 2006. (Ex.

G at 1). FrenchPorte continued to invest heavily in innovation, leading that same year to

the invention by Ms. Maher and Mr. Ni of Hangzhou in China of a pinch-resistant

apparatus that prevented fingers from being injured in FrenchPortes doors. (Ex. N at 1).

FrenchPorte Initiates a Promising Relationship with Martin Door

24. Even with these successes, however, given A-techs East Coast focus,FrenchPorte saw the need to partner with additional companies to strengthen their mid-

western and western network, as well as to potentially gain access to just in time

manufacturing facilities in the United States to lower inventory requirements.

FrenchPorte accordingly reached out to Martin Door of Salt Lake City, Utah, a then 70-

year old, well-established garage door manufacturer and distributor with deep roots in the

Midwest and West, which sold its doors in over 80 countries as well as to hundreds of

Martin dealers in the U.S. (Ex. O at 1-2).

25. After initial overtures, on May 2, 2006, FrenchPorte Vice President RogerDavis, FrenchPorte Consultant Sam Bunch, and FrenchPorte Distributor A-Techs COO,



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seemed genuinely interested with the sample. (Ex. P at 1). After the meeting adjourned

to a conference room, questions arose as to whether the Martin hinge and roller carriage

would work. (Ex. P at 2). At that point, David Martin suggested that we disassemble

our sample and see how a reversed Martin hinge would work. (Ex. P at 2). John

McLaughlin, a Sales Manager with Martin assisted in the effort. (Ex. P at 2). A

detailed manufacturing and engineering analysis was conducted following the

disassembly, (Ex. P at 2-3), and at the conclusion [a]ll parties agreed that numbers

would need to be crunched to determine if this would be feasible. (Ex. P at 3).

However, Martins engineer was very positive that it would work, but [t]he question

remains as to whether the price point would still make the door sellable. (Ex. P at 3).

27. Further discussions were held regarding testing to show that FrenchPortedoors would comply with Florida regulations requiring doors to withstand 150 mph

winds, a very severe test. (Ex. P. at 3). FrenchPorte agreed that Martin would take

the 3 samples from A-Tech . . . after the show in Las Vegas to begin cycle testing. (Ex.

P at 3). Martin agreed to collaborate with FrenchPorte in the elevation and extrusion



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design, style, color and consumer choices could be endless. (Ex. P. at 4). As for

Martins perspective, [b]ecause of the uniqueness of the door design, David Halsom [sic

Haslam] believes Atlanta (Home Depot) would be doing back flips for the opportunity

to supply this door at their stores. (Ex. P. at 4).

29. The parties then turned to a detailed discussion of patents. At the outsetDavid Martin educated us as too [sic] Martins some 60 patents. (Ex. P at 4). He said

every door manufacture [sic] has and is infringing on his patents. (Ex. P at 4). He

used an example over an infringement by Overhead Door. (Ex. P at 4). The cost to

litigate would be prohibitive for the return. (Ex. P at 4). He could not even get

Overhead Door to pay $1.00 a door for Martins door seal design. (Ex. P at 4).

30. He also informed us that four known companies in China is [sic] actuallyusing Martins name and his picture to promote a knock-off all of their design without

their permission. (Ex. P at 4). When consulting with the authority, they informed him

that it was a loosing [sic] battle. (Ex. P at 4). His other example was of 1,000 plus

companies copying NOKIA phones and NOKIA not being able to do anything about it.



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Martin, A-tech and FrenchPorte could provide a very unique opportunity for all parties.

(Ex. P at 5).

The Collaboration with Martin Fails and

Martin Launches the Avignon French Door

33. Despite its promising beginning and significant efforts by all parties tofollow through on the many fronts identified in the high-level May 2, 2006 discussion of

collaboration, over time Martin became less and less responsive, until by 2007 Martin

was no longer even returning phone calls from FrenchPortes CEO, Ken Maher.

34. Still, notwithstanding the disappointing and never-explained end of theirpotential collaboration with Martin, 2007 overall proved to be otherwise an excellent year

for FrenchPorte, with wholesale revenue tripling from 2006 to over $1 million. (Ex. G at

1). FrenchPorte opened its first showroom to the public that same year, and was having

successful discussions with other large garage door manufacturers. (Ex. M at 2). After

years of hard work by the Mahers and millions of dollars of their own savings invested in

the venture, FrenchPorte looked finally poised to attract a larger manufacturer.



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(Ex. Q at 1). Martin in fact featured this door on the front page of its August 2009,

Martinews newsletter, distributed to 86 Countries of the World, under the head-line

Avignon . . La Belle!, the latter being French for the beautiful. (Ex. Q at 1). Martin

also helpfully noted that [t]he Avignon is named after a city in southern France famous

for being the home of seven Catholic popes in the period from 1305 to 1378. (Ex. Q at

2).

36. Martin further praised the design, quoting David Haslam saying Its anew look and a new approach for the garage door market. (Ex. Q at 2). And indeed it

was, as David Haslam knew full well by learning of this new design and new approach at



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(Ex. R at 2). The term Martins Avignon French doors accordingly will be used herein

to refer both to the original Avignon door as well as all of the garage door designs

currently sold by Martin under the Athena brand.

38. Martins Avignon French doors infringe FrenchPortes '547 Patent, as canbe seen by comparing Claim 1 of FrenchPortes '547 patent to the models of Martins

Avignon French door described in Exhibit R, Martins online catalog for these garage

doors.

39. Claim 1 of the '547 Patent first requires that the garage door be [a]noverhead garage door adapted to be suspended horizontally when open and incorporating

decorative elements of a house faade, the door having a front side, a rear side and a

height, the front side forming an exterior faade having the appearance of a plurality of

adjacent doorways . . . (Ex. L at col. 6, ll. 39-44). All of Martins Avignon French doors



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42. Claim 1 further requires a first and second vertical column formedby portions of the three longitudinal sections disposed within a . . . horizontal space

between the [1st][2nd] array and the [2nd][3rd] array, the . . . vertical column being wider

than the . . . gaps. (Ex. L at col. 7, ll. 4-14). This leads to the additional vertical

column requirements set forth in Figure 2 below:



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columns, where the two columns are larger than all of the three gaps. (Ex. Q at 1). For

example, the original Avignon door meets these requirements of Claim 1 of the '547

Patent as can be seen from the diagram below:



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therefore do not literally infringe Claim 1 of the '547 Patent, although many of these

doors do infringe FrenchPortes '032 patent, as well as a number of the FrenchPorte

design patents, as further explained below. (Id.)

46. Likewise, the Martin Avignon French doors have light-transmittingpanels in the configurations required by '547 Patent claim 1, when they are sold with any

of the four Window Tint or Laminate Glass Options, (Ex. R at 2-3), all of which

glasses are depicted by Martin as transmitting light when samples of these glasses are

displayed against a red-flower background, (Ex. R at 3). As Martin warrantees its garage

doors for 5 years (Ex. R at 1) and would also be liable for any injury its garage doors

might cause, these light-transmitting panels are also impact resistant as further required

by '547 Patent claim 1.

47. '547 Patent claim 1 further requires the claimed garage door to have aplurality of guide rollers. (Ex. L at col. 7, ll. 15). As Martin doesnt cut corners or

scrimp on the hardware for the worlds best garage door, Martins Avignon French

doors have rollers most likely for the two interior longitudinal sections, as well as at the



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said exterior facade to simulate adjacent, light transmitting doorways (Ex. L at col. 7 at

ll. 18-19), which, as discussed previously, they do. See,supra, 35. Finally, Claim 1

requires said impact resistant light-transmitting panels in conjunction with said vertical

columns provide the functionality of structural integrity for the garage door. (Ex. L at

col. 7 at ll. 20-22). These requirements are also met because Martin stands by the safety

and structural integrity of its Avignon French doors, (Ex. S at 1), and specifically

warranties its products against defects for 5 years, (Ex. R at 1).

49. Accordingly, for all of these reasons, Martins Avignon French doorsinfringe at least Claim 1 of the '547 patent.

50. DirectBuy may offer Martins Avignon French doors for sale, but asDirectBuy is a members only club, and very limited information regarding the Martin

doors DirectBuy sells is available to the public, FrenchPorte needs to explore the exact

models offered by DirectBuy through discovery to assess infringement of the '547 patent

by DirectBuy.

Martins Infringement of the '032 Patent



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(Ex. T at 23).

53. In late 2007, however, after meeting with FrenchPorte and seeingFrenchPortes aluminum door sample, Martin began offering residential aluminum doors,

which used a new device to protect against finger injury for these doors:

o P f eo lL w r ieinH g

r Shinge li e dF MT

FI GER SHIELDSN

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FI GER SHIELDSRE STA DA DO DO S N R N ORUP TO9 2740) IGH

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Doo

Dr

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STEEL DOORTEEL OOR

Do

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SA ER F NGER SHIELF I D

OINT ARE STANDAR ONJ S D WOODS D RSOO

SA ER F NGER SHIELI DOINT ARE STANDAR ONS DWOODS D RSO

WOOD DOOROO OOR

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Finger ShieldSection Joint

TM



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(Ex. U at 22).

55. Claim 1 requires a sectional overhead garage door, comprising: a firstdoor section; and a second door section, the first door section and the second door section

being configured to be hingedly attached to each other. (Ex. N at col. 11, ll. 23-29).

Martins aluminum doors have two such sections which are hingedly attached to each

other. (Ex. U at 23).

56. Next, Claim 1 requires there to be an upper rail being attached to the first

ANTIQUE HINGE

SECOND

ALUMINUM

EXTRUSION

FINGER

SHIELD

STAINLESSSTEEL

BLACKSCREW



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61. DirectBuy sells and offers for sale all of Martins current models ofresidential aluminum doors. DirectBuy accordingly also infringes the '032 patent.

Martin Also Infringes FrenchPortes Design Patents

62. In addition to infringing the '547 and '032 patents, Martins AvignonFrench doors also infringe the remainder of the FrenchPorte patents, namely the '495

Patent, the '979 Patent, the '142 Patent, the '143 Patent, the '736 Patent, the '241 Patent,

and the '585 Patent. All seven of these patents are design patents which, unlike a utility

patent such as the '547 Patent, have only a single claim that covers all of the figures in the

patent. The scope of the claim encompasses the designs visual appearance as a whole.

All matter depicted in solid lines contributes to the overall appearance of the design,

whereas broken lines constitute unclaimed subject matter. To show infringement of these

patents, FrenchPorte must show that the overall appearance of Martins Avignon French

doors is substantially the same as the overall appearance of the claimed FrenchPorte

garage doors.

63. Like the '547 Patent, the '495 Patent, the '979 Patent, the '142 Patent, the



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Avignon French doors infringe the '495 Patent, the '979 Patent, the '142 Patent, the '143

Patent, the '736 Patent, the '241 Patent, and the '585 Patent.

64. DirectBuy may offer Martins Avignon French doors for sale, but asDirectBuy is a members only club, and very limited information regarding the Martin

doors DirectBuy sells is available to the public, FrenchPorte needs to explore the exact

models offered by DirectBuy through discovery to assess infringement of the '495 Patent,

the '979 Patent, the '142 Patent, the '143 Patent, the '736 Patent, the '241 Patent, and the

'585 Patent by DirectBuy.

FrenchPorte Suffers from Martins Infringement

65. Martins infringement had a devastating effect on FrenchPorte because ofMartins much greater size. Martins annual wholesale revenues are on the order of 100

times as much as FrenchPortes. With the FrenchPorte door itself a proven winner,

FrenchPortes marketing was simply no match for Martins promotion of its infringing

Avignon French door and Martins residential aluminum doors. FrenchPortes wholesale

revenues have shrunk from their peak in 2007 of over a million dollars a year back to



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Count 1 Martins Infringement of U.S. Patent No. 6,948,547

67. FrenchPorte incorporates by reference the material factual allegationsabove.

68. Martin has infringed and is continuing to infringe the '547 Patent byengaging in acts including making, using, selling, or offering to sell within the United

States, products that embody the patented invention described and claimed in the '547

Patent, including Martins Avignon French garage doors.

69. Martins activities have been without express or implied license fromFrenchPorte.

70. Martin will continue to infringe the '547 Patent unless enjoined by thisCourt. As a result of the Martins infringing conduct, FrenchPorte has suffered, and will

continue to suffer, irreparable harm for which there is no adequate remedy at law.

FrenchPorte is entitled to permanent injunctive relief against such infringement, under 35

U.S.C. 283.

71. As a result of the infringement of the '547 Patent, FrenchPorte has been



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Patent, including Martins Avignon French garage doors and Martins other residential

aluminum garage doors.





U.S.C. 283.

76. As a result of the infringement of the '032 Patent, FrenchPorte has beendamaged, will be further damaged, and is entitled to be compensated for such damages,

pursuant to 35 U.S.C. 284, in an amount to be determined at trial.

Count 3 DirectBuys Infringement of U.S. Patent No. 7,857,032




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will continue to suffer, irreparable harm for which there is no adequate remedy at law.


U.S.C. 283.



Count 4 Martins Infringement of U.S. Patent D505,495







C 3 0 329 S 38 il d 0 /0 / 3 f 38 8


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87.

FrenchPorte incorporates by reference the material factual allegations

above.








U.S.C. 283.



C 1 13 01329 TSE TRJ D t 38 Fil d 01/07/14 P 32 f 38 P ID# 488


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U.S.C. 283.








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U.S.C. 283.












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107.

FrenchPorte incorporates by reference the material factual allegations

above.








U.S.C. 283.



Case 1:13 cv 01329 TSE TRJ Document 38 Filed 01/07/14 Page 35 of 38 PageID# 491


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U.S.C. 283.



Jury Trial Demand

117. FrenchPorte demands a trial by jury on all appropriate issues. Prayer for Relief




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(e) A judgment that Martin has infringed the '143 Patent;(f)

A judgment that Martin has infringed the '736 Patent;

(g) A judgment that Martin has infringed the '241 Patent;(h) A judgment that Martin has infringed the '585 Patent;(i) A judgment and order permanently restraining and enjoining Martin, its

directors, officers, employees, servants, agents, affiliates, subsidiaries,

others controlled by them, and all persons in active concert or participationwith any of them, from further infringing the FrenchPorte Patents;

(j) A judgment and order permanently restraining and enjoining DirectBuy,its directors, officers, employees, servants, agents, affiliates, subsidiaries,

others controlled by them, and all persons in active concert or participationwith any of them, from further infringing the '032 Patent;;

(j) A judgment and order requiring Martin and DirectBuy to pay damages toFrenchPorte adequate to compensate it for Martins wrongful infringing

acts, in accordance with 35 U.S.C. 284 and 35 U.S.C. 289;

(k) A judgment and order requiring Martin and DirectBuy to pay to

FrenchPorte pre-judgment interest under 35 U.S.C. 284, and post-

judgment interest under 28 U.S.C. 1961, on all damages awarded; and

(l) Such other costs and further relief, to which FrenchPorte is entitled.




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Suite 700Washington, D.C. 20004

Direct: (202) [email protected]

Geoffrey C. Mason, Esq.Potomac Law Group, LLP1300 Pennsylvania Avenue, NWSuite 700Washington, D.C. 20004

Direct: (202) [email protected]




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CERTIFICATE OF SERVICE

I hereby certify that on this 7th day of January 2014, the foregoing Amended Complaint

was served via ECF on the following:

Jeffrey K. Sherwood

Dickstein Shapiro, LLP

1825 Eye Street NWWashington, DC 20006

Telephone: (202) [email protected]

/s/

Jay M. McDannell, Esq. (VA #45630)Potomac Law Group, LLP

1300 Pennsylvania Avenue, NW

Suite 700Washington, D.C. 20004

Direct: (703) 718-0171

Fax: (202) [email protected]


Case 1:13-cv-01329-TSE-TRJ Document 38-1 Filed 01/07/14 Page 1 of 18 PageID# 495


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Exhibit A


10/16/13 2:29 PMMartin Garage Doors | Find a DealerCase 1:13-cv-01329-TSE-TRJ Document 38-1 Filed 01/07/14 Page 2 of 18 PageID# 496


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10/16/13 2:29 PMMartin Garage Doors | Find a Dealer

!"#$ & $'&(')

Enter your information (City, State, Zip Code, Address): 20037 Search

AAC Inc. 10.22 miles

Map data 2013 Google

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Exhibit C

Case 1:13 cv 01329 TSE TRJ Document 38 1 Filed 01/07/14 Page 5 of 18 PageID# 499



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Exhibit D

Case 3 c 0 3 9 S J ocu e t 38 ed 0 /0 / age o 8 age 50



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Exhibit E

g g



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Exhibit F

g g



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Exhibit G



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Exhibit H



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Exhibit I



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Exhibit J



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Exhibit K



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Exhibit L


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Exhibit M



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FrenchPorte, LLC

FrenchPorte, LLC is a limited liability company which was formed in the State of Maryland in

February 25, 2000 for the purpose of producing and marketing a sectional garage door made toresemble a series of French doors, but operating as a traditional overhead garage door.

The company was founded by Jennifer Maher of Chevy Chase, Maryland. While working as a

makeup artist for ABC News in Washington, D.C. Jennifer developed a personal philosophy thatnothing ever has to be unattractive. Based on this philosophy, Jennifer designed and patented the

garage doors that she believed would make the aesthetic look of a house more attractive with herFrenchPorte garage doors.

To date, FrenchPorte has been granted 13 design patents and 1 utility patent in the United States,

2 design patents and 2 utility patents in Australia, 2 design patents and 1 utility patent in Canada,3 design patents in the European Union, and 2 design patents in Korea. The FrenchPorte name

and FrenchPorte logo FP are registered trademarks in the United States, Canada, Europe andAustralia. Additionally there are 25 design patents pending and 11 utility patents pending in

various countries.

FrenchPorte currently has three styles of doors, the Madeleine, the Kendra and the Jennifer. Thesignificant difference is how the panes in the doors are proportioned with the number of vertical

stiles.

In the summer of 2003 a company called Alto Garage Door Manufacturing in Harrisburg,Pennsylvania was hired to develop and manufacture FrenchPorte garage doors. Shortly there

after, FrenchPorte displayed a single and double Kendra Model garage door at a booth at the

International Builders Show in Las Vegas, Nevada in January 2004. During the previousInternational Builders Show held in January 2003 FrenchPorte had a booth at the show thatdisplayed videos of the FrenchPorte garage door in animated action and received a lot interest.

H i h h l d di l h d h i i d h b h i d



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In an effort to lower the selling price, FrenchPorte explored production alternatives. Contactswere made with a garage door manufacturer in China. Several meetings were held with the

owner, Xinyan Ni, of the Hangzhou Legend Autodoor Factory in Hangzhou, China. A Patent and

Trademark License Agreement and an Exclusive Export and Manufacturing Agreement wereexecuted in May 2005 between FrenchPorte, LLC and Hangzhou.

FrenchPorte was finally in a position to offer a product line at a reasonable price to the marketplace. FrenchPorte displayed the garage door at the The International Garage Door Exposition in

Orlando, Florida in April 2005.Many garage door manufacturers were impressed with the designand showed interest in the door. Among those interested was A-tech Suburban, Inc., a large

garage door distributor located in Palmer, Pennsylvania. A-tech has a network of approximately

1,500 dealers in the east.

FrenchPorte entered into a distribution agreement with A-Tech in August 2005. Following the

execution of the agreement, A-tech issued a purchase order to FrenchPorte to buy a container ofeach model of FrenchPorte garage doors. The first container of 128 units was shipped from

China in March of 2006 and the next two shipped in the months following.

The owners of FrenchPorte traveled to Germany to meet with the Hormann Company, the largest

garage door manufacturing company in the world. They are in the process of making extrusionsand have plans to manufacture market and sell the FrenchPorte garage doors and payFrenchPorte a royalty.

The FrenchPorte garage door must continually be promoted so that the customer is aware of our

product. FrenchPorte has advertised in many local and national publications as well as has beenfeatured on public television broadcasting commercials. As a result of this exposure we have

received an enormous amount of interest from homeowners from all across the country and

abroad. The owners of FrenchPorte are now ready to take our product to the next level and thatwould be to open a local showroom with all three of our garage doors on display. We are veryexcited about this endeavor and have leased space at 121 Congressional Lane in Rockville


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US007857032B2Case 1:13-cv-01329-TSE-TRJ Document 38-3 Filed 01/07/14 Page 2 of 65 PageID# 542


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12) United States PatentNi et a1. US 7,857,032 B2Dec. 28, 201010) Patent N0.:45) Date of Patent:

54) OVERHEAD GARAGE DOOR75) Inventors: Xiao-Ming Ni, Zhejiang CN); JenniferArmstrong Maher, Chevy Chase, MDUs)73) Assignee: Frenchporte IP, L.L.C., Rockville, MDUs)* ) Notice: Subject to any disclaimer, the term of his

patent is extended or adjusted under 35U.S.C. 154 b) by 89 days.

21) App1.No.: 11/277,46622) Filed: Mar. 24, 200665) Prior Publication Data

US 2007/0175601 A1 Aug. 2, 2007Related US. Application Data

63) Continuation-in-part of application No. 11/328,454,?led on Jan. 10, 2006, Which s a continuation-in-partofapplication No. 11/229,713, ?led on Sep. 20, 2005,noW abandoned, Which s a continuation of applicationNo. 10/098,384, ?led on Mar. 18, 2002, noW Pat. No.6,948,547.

30) Foreign Application Priority DataMar. 13,2006 CN) ...................... . 2006 3 0105541Mar. 13,2006 CN) ...................... . 2006 3 0105542

51) Int. Cl.E06B 3/48 2006.01)52) US. Cl. ..................... .. 160/229.1; 160/40; 160/201

5,133,108 A 7/1992 Esnault5,148,850 * 9/1992 Urbanick ............... . 160/231.15,566,740 A 10/1996 Mullet et al.5,626,176 A 5/1997 Lewis et al.5,709,259 A 1/1998 Lewis et al.5,782,283 A 7/1998 Kendall5,857,510 A 1/1999 Krupke et al.5,934,352 A 8/1999 Morgan5,992,497 A 11/1999 Jaehnen et a1.6,076,590 A 6/2000 Ford et al.6,098,697 A 8/2000 Krupke et al.

Continued)FOREIGN PATENT DOCUMENTS

DE 10310628 A1 10/2004

Continued)OTHER PUBLICATIONS

International Search Report dated Nov. 21, 2007.Primary ExamineriBlair M. Johnson74) Attorney, A ent, 0r FirmiBanner itcoff, Ltd.57) ABSTRACT

An verhead garage door has an apparatus for pinch resistantoperation. The garage door may include horizontal sections


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US Patent Dec. 28 2010 Sheet 1 0f 24 US 7 857 032 B

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Exhibit O

10/17/13 11:00 AMMartin Garage Doors | History

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Exhibit P



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FrenchPorte, LLC121 Congressional LanePenthouse Suite

Rockville, MD 20852

MEMO: To FileRE: Martin Door VisitFROM: Roger K. Davis

A meeting was held on May 2, 2006 at Martin Door Manufacturing, Inc. located at 2820South 900 West, Salt Lake City, Utah 84119.

Those in attendance included the following:David Martin, Chairman and CEO (Martin Door)David Haslam, Director of Sales & Marketing (Martin Door)Robert Scott, Chief Engineer (Martin Door)Roger K. Davis AIA , Vice President (FrenchPorte)Sam Bunch, Academy Door & Control Corp. (FrenchPorte Consultant)

Scott Schmidt, Chief Operating Officer (A-Tech)

Before the meeting David Haslam gave Roger Davis, Sam Bunch and Scott Schmidt atour of the facility.

Martins whole operation is conducted from this facility (Sales, Marketing, Advertising,Engineering, Administrative, Production, etc.) Photographs were not allowed to be takenat the approximate 500,000 square foot facility that ship to over 60 countries and have a

distribution network in the US west of the Mississippi.

The production is all viewed from an enclosed hallway above the production floor. We



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We talked about many aspects of the door and because several issues were so interrelatedand several different discussions were going on at one time they are identified below withno real sequence.

The questions arose as to whether the Martin hinge and roller carriage would work. Weindicated that the pivot point of the Chinese-FP hinge was designed to work with thepinch resistance extrusion. We indicated that the intermediate Chinese-FP hinge wouldwork as an edge hinge if the structured strut was not removed in order to eliminate ahinge type.

David Martin suggested that we disassemble our sample and see how a reversed Martin

hinge would work. John McLaughlin, a Sales Manager with Martin assisted in the effort.

It was concluded that a Martin hinge could be inverted at the edge condition and couldprobably work. The Martin intermediate hinge could also be modified to work at theintermediated locations. The diameter pin of the Martin hinge is a different size and itwould depend on the exact attachment to the sections as to whether the Martin hingewould work.

David Martin was concerned that the tolerance at the pinch proof extrusion was too closeand should be increased by 3/32 of an inch. This would avoid the possibility of metal onmetal rubbing after repeated use that might create a squeaky noise during operation.

David Martin was also concerned about the bottom roller carriage. For safety purposesMartins bottom carriage has a hook or clip built into the design so that in the event if aconsumer would attempt to remove the bottom roller carriage screws that they would notbe able to remove the bottom carrier while the carrier is still in tension from the cable andtorsion spring. This would prevent a possible injury to the consumer. The Martin bottomcarriage created issues with FrenchPorte weather-stripping astygal as well.



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sections would be offset by the shipping, inventory, quality control, packing fee, etc.Martin requested that FrenchPorte provide pricing for the extrusions only.

Roger Davis expressed concern that our manufacturer may not understand this requestsince they do not manufacture the extrusions themselves. WE need to discus amongourselves a s how best to pursue this issue with our manufacture..

Another possibility would be for Martin to purchase extrusion sections in the US basedon FrenchPorte extrusion designs and FrenchPorte could then be paid a royalty for eachdoor sold.

All parties agreed that numbers would need to be crunched to determine if this would befeasible. Martins engineer was very positive that it would work. The question remainsas to whether the price point would still make the door sellable.

Scott Schmidt through the idea of purchasing a door from Martin of any size and modelon demand would work for A-tech for odd size doors. However after the meeting, heexpressed that the price from Martin would need to be in line with the current pricingstructure to make it work.

The standardization of section heights would not become an issue if all doors were madeto order. However, A-tech would like for FrenchPorte to explore this possibility.

The thought of a complete redesign of the extrusion to 2 inches could be phased in afterinitial development and testing is completed. Martin would be willing to collaborate withFrenchPorte in the process.

Martin would like to cycle the pinch resistance design doors as well as wind load test a16 x 7 sample.



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would withstand the projectile test. FrenchPortes extrusion that retains thepolycarbonate panels may need to be mechanically fastened.

Martin agreed to collaborate with FrenchPorte in the elevation and extrusion modificationto the door. David Martin executed a confidentiality agreement when presented byFrenchPorte.

FrenchPorte agreed to provide Martin with shop drawings and possibly a CAD file of thedrawings as soon as possible so that they could layout various sizes and determine theaesthetic impact of the odd door sizes.

Parties agreed that Florida and Dade County test are not an immediate concern, but couldbe accomplished with tweaking the exiting design.

Martin has the machinery and computer aided design to develop the required drill patternfor the extrusions as well as mass produce the various extrusion components of eachsection.

Martin expressed interest in possibly replacing their existing Silverline Door Model with

FrenchPorte. If Martin manufacturers the door, the design, style, color, and consumerchoices could be endless.

Because of the uniqueness of the door design, David Halsom believes Atlanta (HomeDepot) would be doing back flips for the opportunity to supply this door at their stores.

As to the issue at patents, David Martin educated us as too Martins some 60 patents. Hesays every door manufacture has and is infringing on his patents. He used an exampleover an infringement by Overhead Door. The cost to litigate would be prohibitive for thereturn. He could not even get Overhead Door to pay $1.00 a door for Martins door seal



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The structural strut could also be extruded at an angle instead of being straight so that anypinching at the interior of the door could be eliminated.

Martins hardware is high end and we want to be aware that this could price the door outof a certain segment of the market.

The door extrusion could possibly be integrated into their carriage house door design.

Scott Schmidt thought our visit was very successful. Dialogue had been accomplishedand the pinch resistance design was well received by Martin Door. The collaboration

between Martin, A-tech and FrenchPorte could provide a very unique opportunity for allparties.

Roger Davis agreed to provide David Halsam with the HGTV air schedule of theFrenchPorte spot.



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Exhibit Q

ISO 9 1QualityStandard



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August 2009

Beautiful New Designs

MARTN DOORMFG

ISO 90018949 REG

ISTERE D FIRM

TMGARAGE DOORSGARAGE DOORS

S I N C E 1 9 3 6

M RTIN WSRTIN WS

Martinews is Distributed to 86 Countries of the WorldMartinews is Distributed to 86 Countries of the World

MARTIN DOOR MFG., SLC, UT 1-800-388-9310 801-973-9310 www.martindoor.com Copyright 2009 AD-NR50-42MARTIN DOOR MFG., SLC, UT 1-800-388-9310 801-973-9310 www.martindoor.com Copyright 2009 AD-NR50-42

Martin Door Manufacturing has addedtwo new garage door styles, to itsexpanding list of garage door options.

The company will begin the Avignon (-ven-y) Garage Door, which features aFrench-style, and also a unique flushline-style door, known as the KensingtonGarage Door, effective immediately. Bothdoors will be offered with a powder coatfinish only.

The Avignon comes in a variety of glassoptions and is a sectional garage door,designed to look like a swinging door.The Kensington is a hybrid garage door

continued on page 2...

Avignon continued...featuring smooth panels made

f l i h

The Avignon is named after a city insouthern France famous for being the homeof seven Catholic popes in the period from

1305 to 1378. It is locatedapproximately 580 kilometers fromParis.

known for its museum district andfor its gardens.The new hybrid door fills a need



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Shaun Murphy

Shaun Murphy, national sales managerfor Martin Door Manufacturing, has beenelected to a three-year term on the boardof directors of the International DoorAssociation (IDA).

Murphy brings a wealth of experience tohis position. He has been involved in thegarage door industry since 1984. He hasheld his current post with MDM for thepast 10 years

He joins a leadership body that includes20 other directors and includesrepresentation from 18 countries. TheIDA is based in West Milton, Ohio andwas formed in 1996 with the

consolidation of the Door & OperatorDealers Association and the FarWestern Garage Door Association. Itrepresents the door and operator dealerindustry worldwide and includes a

membership of 1,600.

He and hiswife Lisalive inDraper, UTand are theparents ofthreechildren.

Murphy Elected to IDA BoardNew Martin Kensington Garage Door

of 24-gauge steel, withcarriage house style windowsin extruded aluminum.

It's a new look and a new

approach for the garage doormarket, David Haslam,Director of National Sales saidof the new options.

He thinks the broader offering,will help dealers develop aniche.

I think a lot of people will besurprised at how these styleswill fit on more homes thanthey thought possible,

Haslam said.

The Kensington door is named afteran affluent suburb of London,

customers have requested for asmooth panel on a steel carriagehouse door, according to Haslam.

A Wyoming garage door dealerhas taken his hobby to anotherlevel.

Dave Harding of The Doorman,LLC of Casper not only loves

mud bogging, he is nowpromoting and sponsoring eventsto showcase the growing sport.

Harding and his associate LorenMacDonald, an installationspecialist for The Doorman,recently acquired land from thecity of Casper and set up theirown mud bogging and rockcrawling course. They recentlyhosted a two-day event, whichdrew 50 trucks and over 200spectators. They hope to expandthe event in the future.

The two garage installers also

started a new club to attract like-minded folks called the WannarockOffroad Club.If there is one thing thatsticks out about Harding, it is that hedoesn't mind sticking out and using hishobbies and passions to promotebusiness at the same time.

We promote Martin on every thing wecan, Harding said.

Harding has adopted a unique means ofmaking his business and hobbystand out. He utilizes a specialcolor to make sure peoplenotice. It's a fluorescent green,sure to light up the night. Herefers to it as sic green.

Turning A Hobby IntoAn Event, Business

Dave Harding with Loren MacDonald

Martin On TV Show Selected Smooth Paint SamplesNow in Standard or Low Gloss



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Dave Martin and Martin GarageDoors are two of the good thingsabout Utah.

Three times in the past last few

months, the chairman of MartinDoor Manufacturing has madean appearance on the local TVshow Good Things Utah topitch the environmental virtuesof Martin Garage Doors.

During one appearance, Davetook a portion of an old woodendoor to showcase the commonproblems associated with woodgarage doors.

Martin also took a special greenissue of the Martinews with himto help illustrate the green

nature of Martin Garage Doors. MartinGarage Doors have been described asbeing greener than green because oftheir longevity and how easily materials inthe door are recycled.

In his last appearance, the TV camerasrolled live from the Martin showroom,with a unique means of introducing Daveto the audience. Playing off an old ad

where a cardboard cutout ofDave is a prominent part of theinfamous stiff ad, the newsreporter put the camera in frontof the cutout before switchingto Dave, who was standingnearby. Dave used the liveremote to talk about some of thenew technologies, and safetymechanisms featured on MartinGarage Doors.

Doing TV is almost old hat forDave, who is a well knownfigure throughout the BeehiveState because so many peoplegrew up seeing him on TV,through ads run by the companyover the years, including theworld famous stiff ad, whichwon a Cleo.

Now in Standard or Low GlossSelect powder coat paint chipsare available in a lower gloss orstandard gloss option, with a

smooth surface.

Mike Martin, director ofAdvertising, said small sizedpaint chips in what he termedthe most popular colors areavailable for dealer use.

Those colors include Martin'smetallic specialty colors such ascopper vein, copper gold,mahogany vein, rusty iron andsandcast bronze, and manypopular solid RAL colors. Thesesmooth solid RAL color chips

feature a 25 percent gloss or thestandard gloss choice. These chips areavailable individually by request.

Contact your Martin Doorrepresentative or customer service foraccess to the special color samples.

Dave Martin on TV

Standard Gloss is on the left.

Its all about GREENb i

MartinAppointed To



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on new web siteMartin Door will expand itspromotion of going green, withthe introduction of a new website www.ecogreengaragedoors.com, which focuses ongreen issues within the garagedoor industry.The website will highlight keyenvironmental concerns, andalso address how Martin GarageDoors fit within a growingconcept of green in the buildingand replacement market.There is no garage door industrystandard to define green, butMartin Door Manufacturing hasbeen pro-active in trying to raiseawareness about environmentalissues, as well as educateconsumers on other key issuesinvolving energy use and garagedoors. Company officials haveoften claimed that Martin Doorsis greener than green.In 2008, Martin Door generateda special edition ofMartinews---an in-housepublication---to address some ofthose green concerns orinitiatives. At the behest ofMichael Martin, director ofAdvertising, MDM officialshave also investigated thepossibility of creating an EnergyStar designation for garage

doors. The government sets

those standards and has notincluded a garage door category.

Martin says the website will bea key educational tool, forpeople in search of a greengarage door. It will explain ouropinion of what constitutes agreen garage door and helppeople make their owndecisions about what is green,Martin said of the website.

While there is no consensusabout what is green, there aresome variables, which appear to

Appointed ToStandards

CommitteeKen Martin, president ofMartin DoorManufacturing, has beenselected as a member ofa standards committee,which has authority toregulate garage dooropener standards for theUnited States.

Martin was announced

as the newest member ofthe UL325 StandardsTechnical PanelCommittee earlier thisyear. The committeefalls under theauspices of theAmerican NationalStandards Institute,which has beencharged byCongress to

oversee allrevisions to garagedoor opener lawsand regulations.

Ken is the eldestson of Virginia andDavid O. Martinand has beenactive in thegarage doorindustry for years.

A graduate of theUniversity of Utah, Kenis a member of the Door& Access SystemsManufacturer'sAssociation (DASMA)and former president ofthe National Associationof Garage DoorManufacturers(NAGDM).

Ken and his wife, Sandi,live in Sandy, Utah andare the parents of sixchildren.

Ken Martin

be consistent with most

discussions aboutenvironmentally friendlyproducts. Those include,product durability, Energy Starcompliance, life cycleassessment, no or low volatileorganic compounds (VOCs),regional manufacture orfabrication, LEED certification,manufacturing energyreduction/water use practices,Green Seal certification, GreenGuard certification, cradle tocradle certification, EcoLogolisting and the coating or primerused on products.


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Latest CPSC Safety Stats Show No ImprovementThe numbers continue to tell a grim The Controlled Descent Device a



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1999 Injuries by Age

20%Children

1-17

22%Adults36-45

20%Adults46-60

23%Adults18-35

15%Seniors

60+

2008 Injuries by Age

17%Children

1-17

17%Adults36-45

25%Adults46-60

23%Adults18-35

18%Seniors

60+

Year: 1999

7,760

12,918Year: 2008

gstory. Recent statistics for 2008,released by the Consumer ProductSafety Commission via their NEISSlibrary, estimates there were 20,017injuries in the garage for the year. The

numbers are compiled from a samplingof hospital visits and reportsthroughout the United States.

Based on the data, an estimated 12,918of those incidents were related tosomething on the garage door or

Annual Estimated GarageDoor Related Injuries

The word needs to get out in a loudervoice than it has before: garage doorsafety is important to everyone,especially children.

Martin is setting up a websitewww.garagedoorchildsafety.comfocused on bringing attention tospecific safety issues involvinggarage doors.

The website is centered on 10different components of garage door

safety and will utilize information,experiences, and other data availableonline to help the consumer considerthose factors, when looking at a newgarage door purchase or repair.

The intent of the new web site willnot be to sell a specific product, butto arm the consumer with importantissues they should consider in theday-to-day use of a garage door.In most cases, the website will

New Website Focuses On Safetyfeature stories,articles or datareleased byindependentorganizations, suchas the U.S.Consumer ProductSafetyCommission(C.P.S.C.) or otherwriters, with noMartin affiliation.

opener. By contrast there werean estimated 7,760accidents in 1999.A closer examinationof the data alsoshows that about17 of the victimswere children. 18of the people injuredwere seniors. The datacan be accessed athttps://www cpsc gov/cgibin/NEISSQuery/home aspxby using codes1886 and 138.2008 estimated injuries by category:1. Fingers entrapped in sectionjoints...5,610.2. Sharp edge lacerations...2,890.3. Falling doors...2,040.4. Spring...977.5. Broken door needing repair...4676. Glass 4257. Entrapped in Rollers or Track...297

8. Riding the door...1279. Beat the door...85Total...12,918

To address the, Martin Door Mfg.

has just announced that their anti-dropdevice is now available as a kit for oldergarage doors.

CPSCs third largest, thefalling door category

The Controlled Descent Device , adevice which is designed to

resolve the potential dangers ofa falling door that could resultfrom a relaxed spring, abroken spring or broken lift

cables, is now available as aretrofit option for oldergarage doors.

"Our CDD is the ultimate safetydevice for a garage door" Dave

Martin, chairman of MDM said. Martin said the device gives theowner a lifetime of protection.

The CDD is oneof over 20advanced

safetyfeaturesthat arestandardoptions onevery MartinGarage Door.

The ControlledDecent Device isnow offered in akit to upgradeolder doors.


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A bit

Martin Athena Designs RockCase 1:13-cv-01329-TSE-TRJ Document 38-3 Filed 01/07/14 Page 51 of 65 PageID# 591


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A bit

It's a look that is catchingon. Since introducing theAthena Door in 2007 theunique aluminumextruded door, has been apopular option for higher

end homes.

Available in 77 powdercoat colors, with multipleacrylic or glass options,the garage door is a headturner.

Dealers who have recentlyinstalled Athena Doors areinvited to submit picturesto Martin Door Mfg.



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Exhibit R

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Exhibit S

10/16/13 3:20 PMMartin Garage Doors | Quality and Performance

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01-2+134256 +15610-Search Site



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143/149

Exhibit T

MARTIN FINGER SHIELD GARAGE DOOR SYSTEM

FINGERSHIELDTM

MARTIN

INSTRUCTION MANUAL



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DO NOTcompletely weather seal this door! Vent according to local building codes.CAUTION!Low levels of carbon monoxide in the garage and home can cause headachesand flu-like symptoms. Additional venting may be required to help reduce the health risksassociated with c

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FrenchPorte v Martin - Complaint