Sierra Pacific Windows Files Patent Infringement Lawsuit Against Kolbe & Kolbe Millwork Co.

Window & Door
March 1, 2019
Legal Alert

Sierra Pacific Windows filed a patent infringement lawsuit against Kolbe & Kolbe Millwork Co. Inc. (Kolbe) alleging that Kolbe's VistaLuxe products infringe the patent covering Sierra Pacific's H3 hybrid window. Sierra Pacific Industries, the parent company of Sierra Pacific Windows, filed the lawsuit in the United States District Court for the Western District of Wisconsin on Oct. 17, 2018 (Sierra Pacific Industries vs Kolbe & Kolbe Millwork Co., Inc., Civil Action No. 18-cv-853). The patent at issue is U.S. Patent No. 8,561,365.

“Sierra Pacific Windows will vigorously defend our intellectual property and patented ideas,” says President Tom Takach. The H3 window uses a hybrid construction that leverages the attributes of an extruded aluminum clad exterior with a vinyl base frame and a wood interior. Kolbe’s VistaLuxe windows and doors are also a tri-material construction hybrid.

Mike Tomsyck, vice president of Kolbe & Kolbe Millwork Co., says, “After a detailed investigation, Kolbe has concluded that its VistaLuxe windows do not infringe upon the patent owned by Sierra Pacific. In fact, Kolbe believes that the patent upon which Sierra bases its claims is invalid." He reports that Kolbe designed its VistaLuxe Collection in response to needs of architects and designers and that thoughtful consideration of their input and of contemporary design trends led to the introduction of Kolbe’s VistaLuxe Collection in 2013.