South Bend, Indiana – Apparently Fortress Iron L.P. (“Fortress”), the Plaintiff, is in the business of providing innovative building products including its FortressCable V-Series steel cable railing protected by U.S. Patent No. 10,883,290 (the “‘290 Patent”). Fortress claims Digger Specialties, Inc. (“Digger”), the Defendant, has been manufacturing and selling its Westbury VertiCable aluminum railing (the “Infringing Product”) that infringes the ‘290 Patent since at least 2018. While the ‘290 Patent issued on January 5, 2021, it allegedly claimed priority to U.S. Provisional Application No. 61/979,055 filed on April 14, 2014. Fortress is claiming Digger is liable for damages, interest, and costs pursuant to 35 U.S.C. § 284.
The case was assigned to Judge Robert Miller, Jr. and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:21-cv-00014-RLM-MGG.