Order | Filed: July 07, 2026
| Entered: July 07, 2026
CEMCO LLC v. KPSI Innovations Inc et al
Patent | Washington Western
Order on Motion for Miscellaneous Relief
ORDER. The court ORDERS that Defendants KPSI Innovation, Inc. ("KPSI"), Serina Klein, James Klein, and Kevin Klein (collectively, the "Defendants") are permanently enjoined from the following:
1. Making, using, offering to sell, or selling FRG Products or any product that is not more than colorably different from FRG Products (the "Intumescent Products") for use in fire-rated head-of-wall constructions or assemblies as covered by the claims of the Patents. <>. Providing instructions in any medium (e.g., videos, in-person training, pamphlets, brochures, installation instructions, websites, and invoices) for using the Intumescent Products in fire-rated head-of-wall constructions or assemblies as covered by the claims of the Patents.
3. Referencing certifications from any third-party agency related to fire-safety or building code compliance, including but not limited to UL listings (collectively, "Third-Party Safety Certification"), concerning the Intumescent Products used for fire-rated head-of-wall constructions or assemblies as covered by the claims of the Patents, in any advertising or communications with customers or prospective customers.
4. Displaying or disseminating any Third-Party Safety Certification concerning the Intumescent Products used for fire-rated head-of-wall constructions or assemblies as covered by 4. Displaying or disseminating any Third-Party Safety Certification concerning the Intumescent Products used for fire-rated head-of-wall constructions or assemblies as covered by the claims of the Patents, in any medium (e.g., videos, in-person training, pamphlets, brochures, installation instructions, websites, and invoices).
5. Transferring or facilitating the transfer of any Third-Party Safety Certification or data files associated therewith concerning the Intumescent Products used for fire-rated head-of wall constructions or assemblies as covered by the claims of the Patents, to any person or entity.
6. Modifying or submitting any proposal for modifying any Third-Party Safety Certification, where the modification depicts, describes, or references using the Intumescent Products for fire-rated head-of-wall constructions or assemblies as covered by the claims of the Patents.
7. Creating or facilitating the creation of any Third-Party Safety Certification that depicts, describes, or references using the Intumescent Products for fire-rated head-of-wall constructions or assemblies as covered by the claims of the Patents; and
8. Providing technical support, including engineering judgments, for Intumescent Products used for fire-rated head-of-wall constructions or assemblies as covered by the claims of the Patents. The court further ORDERS that seven days after the entry of this order Defendants shall:
9. Remove any Third-Party Safety Certification that depicts, describes, or references the use of the Intumescent Products for fire-rated head-of-wall constructions or assemblies as covered by the claims of the Patents from their websites and all advertising materials.
10. Send a notice of removal for each Third-Party Safety Certification that depicts, describes, or references the use of the Intumescent Products for fire-rated head-of-wall constructions or assemblies as covered by the claims of the Patents; and
11. Send a copy of this amended permanent injunction order to each of their customers and provide verification of the same to the court.
Signed by Judge James L. Robart. (TE)