Mid America Gutters, Inc. v. Thompson Creek Window Company et al

Filing 19

ORDER granting 1 Motion for TRO; no bond is required. Signed by Judge Michael R. Barrett on 2/1/12. (ba1)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION (CINCINNATI)
MID AMERICA GUTTERS d/b/a
THE GUTTERSHUTTER COMPANY

:

CASE NO: 1:11CV843

:

Judge Michael Barrett

Plaintiff
:
-vs:
THOMPSON CREEK WINDOW
COMPANY

:

AND

:

RICK WUEST

TEMPORARY RESTRAINING
ORDER

:

Defendants

:

This matter came before the Court upon the Plaintiff’s Complaint and Motion for
Temporary Restraining Order on the 26th day of January, 2012.

The Court conducted an

evidentiary hearing and had the benefit of briefs and argument of counsel.

The Plaintiff

proceeded on the limited issue of its right to injunctive relief on U.S. Patent Number
7,117,642B2, covering the “End Cap” of the gutter system assembly at issue.
IT IS HEREBY ORDERED AS FOLLOWS:
1.

Plaintiff’s Motion for Temporary Restraining Order is Granted.

2.

Defendants Thompson Creek Window Company and Rick Wuest, and any employee or

agent thereof, are hereby enjoined from undertaking the following actions relating to the
promotion, manufacture, sale and/or installation of its hooded gutter system:
A.

Utilizing the “end cap” for the Thompson Creek gutter protection system, as
designed and patented by Guttershutter, under U.S. Patent No. 7,117,642B2.

3.

No Bond is required.

4.

This Order does not in any manner affect Defendants' Motion to Dismiss, currently

pending before the Court.
5.

This Order shall remain in effect pending further order of the Court.
IT IS SO ORDERED, ADJUDGED AND DECREED this 6th day of February, 2012.

/s/ Michael R. Barrett
Judge Michael Barrett

This Order Prepared by:
DRODER & MILLER CO., L.P.A.
Edward J. Collins (0025833)
Richard J. Rinear (0027114)
125 W. Central Parkway
Cincinnati, Ohio 45202
Attorneys for Plaintiff

With Copies To:
KEATING MUETHING & KLEKAMP, PLL
W. Jeffrey Sefton, Esq.
Attorney for Defendants
One East Fourth Street, Suite 1400
Cincinnati, Ohio 45202

BERENSON, LLP
Jack G. Zurlini, Jr., Esq.
Attorney for Defendants
308 W. 1st Ave. Ste. 303
Spokane, WA 99201

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