DiversiTech and RectorSeal compete in the HVAC industry. DiversiTech claims that RectorSeal and affiliated entities The RectorSeal Corporation and CSW Industrials, Inc. infringe U.S. Patent No. 9,550,223, entitled “Flaring and Swaging Bits, and Methods Using Same” through its sales of its PRO-Fit Flaring and PRO-Fit Swaging kits. DiversiTech asserts willfulness based on a discussion between the inventor and representatives of the Defendant about an embodiment of the ‘233 patent at a trade show in 2014, which led to discussions about RectorSeal becoming a distributor of the embodiment. The complaint further alleges that a predecessor of the plaintiff sent a cease and desist letter in 2017 that included infringement claim charts. Direct, induced and contributory infringement are asserted. Judge Gorton has the case.
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