Case Study

Problem: USG, the nation’s leading wallboard manufacturer, owned several patents covering foundational technology for the formulation and manufacture of gypsum-containing products, such as wallboard. The patented technology used one or more chemical compounds to enhance certain properties of the gypsum products, including sag resistance, strength, and lighter weight. However, there was no conclusive test available to confirm whether any given competitor was using the patented technology.

Solution: Fitch Even was retained to conduct due diligence alongside the client, and then to bring a case against USG’s largest competitor, National Gypsum, for infringement of the key patents. Our team maneuvered the case through discovery, winning a key dispute regarding the burden to identify potentially infringing products and using fact discovery and expert testimony to develop a very strong case for infringement, validity of the patents, and a very large damage award.

Result: After successful claim construction, completion of discovery, and exchange of competing expert reports, the case settled shortly before expensive final trial preparation.