DCT
3:23-cv-01207
Valmont Industries Inc v. Better Metal LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Valmont Industries, Inc. (Delaware)
- Defendant: Better Metal, LLC (Tennessee)
- Plaintiff’s Counsel: Polsinelli P.C.
- Case Identification: 3:23-cv-01207, M.D. Tenn., 01/29/2024
- Venue Allegations: Venue is alleged to be proper in the Middle District of Tennessee because Defendant has its principal place of business in the district and has allegedly committed acts of infringement, including offering for sale and selling the accused products, within the district.
- Core Dispute: Plaintiff alleges that Defendant’s tower mounting brackets and antenna mounts infringe four patents related to adjustable mounting systems for telecommunications towers.
- Technical Context: The technology concerns adjustable brackets used to mount equipment, such as antennas, onto communication towers, which require precise leveling and alignment.
- Key Procedural History: Plaintiff alleges it sent a letter to Defendant on May 30, 2023, demanding it cease and desist its infringing conduct. Plaintiff states that Defendant did not respond to the letter.
Case Timeline
| Date | Event |
|---|---|
| 2017-02-14 | Earliest Priority Date (’511, ’623, ’641 Patents) |
| 2019-06-11 | U.S. Patent No. 10,316,511 Issues |
| 2019-11-11 | Earliest Priority Date (’435 Patent) |
| 2021-04-06 | U.S. Patent No. 10,968,623 Issues |
| 2022-03-15 | U.S. Patent No. 11,274,435 Issues |
| 2022-03-17 | U.S. Patent No. 10,590,641 Issues |
| 2023-05-30 | Plaintiff sends cease and desist letter to Defendant |
| 2024-01-29 | First Amended Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,316,511 - "Bolt Calibrated Angle Mainstay For Tower Construction And Method For Use", issued June 11, 2019
The Invention Explained
- Problem Addressed: The patent describes the significant time and imprecision involved in constructing and leveling vertical tower frames. Traditional methods for adjusting the "taper" of tower members are described as bulky, expensive, and imprecise, often requiring external force from cranes or pulleys. (’511 Patent, col. 1:16-33).
- The Patented Solution: The invention is a mounting system with a "duel locking system" that uses a "taper adjusting bolt" to precisely adjust the angle of the frame, even while it is loaded. (’511 Patent, col. 1:40-44). The core mechanism involves a "straight slot weldment" that slides relative to a front plate, with its position finely controlled by the screw-action of the adjusting bolt, allowing for an "exact taper adjustment." (’511 Patent, col. 2:54-58, FIG. 2). Once adjusted, retaining bolts lock the assembly in place. (’511 Patent, col. 1:48-51).
- Technical Importance: This approach offers a way to achieve precise, calibrated adjustments to heavy tower components using an integrated mechanical system, rather than relying on external equipment and less precise methods. (’511 Patent, col. 1:52-58).
Key Claims at a Glance
- Independent Claim 1 is asserted (Compl. ¶20).
- Essential Elements of Claim 1:
- An upper bracket element with a front plate, an upper backing bracket, and connecting bolts.
- The front plate has a right front wing with right wing slots and a left front wing with left wing slots.
- A positioning plate.
- A straight slot weldment that is a distance from the front plate and includes a right side wall, a left side wall, and an adjusting bolt guide.
- The right and left side walls have a plurality of right and left wall slots.
- The positioning plate is positioned between the side walls, and the weldment is positioned between the front wings.
- A plurality of adjusting bolts, with at least one extending through a wing slot, a wall slot, the positioning plate, another wall slot, and another wing slot.
- An adjusting bolt guide, a securing nut, and an adjusting bolt that extends through the guide and into the nut, where tightening the bolt causes the weldment to move.
- A lower bracket element with a multi-hole taper plate.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 10,968,623 - "Bolt Calibrated Angle Mainstay For Tower Construction And Method For Use", issued April 6, 2021
The Invention Explained
- Problem Addressed: This patent addresses the same general problem as the ’511 Patent: the difficulty of precisely adjusting and leveling vertical tower components during construction. (’623 Patent, col. 1:15-30).
- The Patented Solution: The invention is an apparatus for adjusting a steel frame that focuses on the specific arrangement of bracket elements and an adjusting bolt assembly. The solution features a first bracket element with front wings secured to a front plate, and an "adjusting bolt assembly" comprising side walls and a guide surface. (’623 Patent, col. 8:23-44). The adjusting bolt guide is positioned between the side walls, and assembly bolts pass through holes in the wings and walls to connect the components. An adjusting bolt engages a securing nut to move the guide surface relative to the front plate, thereby achieving the desired adjustment. (’623 Patent, col. 8:45-62).
- Technical Importance: This patent appears to claim a specific structural configuration of the adjustment mechanism, focusing on how the front wings, side walls, and adjusting bolt guide interact. (’623 Patent, col. 1:50-57).
Key Claims at a Glance
- Independent Claim 1 is asserted (Compl. ¶33).
- Essential Elements of Claim 1:
- A first bracket element with a first front plate, a first backing plate, and connecting bolts.
- The first front plate has a right front wing with right wing bolt holes and a left front wing with left wing bolt holes, with the wings secured to the plate.
- An adjusting bolt assembly with a right side wall, a left side wall, and a first adjusting bolt guide surface, where the side walls have wall holes and abut the wings.
- An adjusting bolt guide positioned laterally between the side walls.
- A plurality of assembly bolts extending through the wing holes and wall holes.
- An adjusting bolt securing nut and an adjusting bolt that extends through the guide surface into the nut.
- The adjusting bolt is configured to allow the guide surface to move relative to the front plate.
- A second bracket element with a second front plate comprising a multi-hole taper plate.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 10,590,641 - "Bolt Calibrated Angle Mainstay For Tower Construction And Method For Use", issued March 17, 2022
- Technology Synopsis: This patent, a continuation of the application leading to the ’511 patent, describes an apparatus for securing a steel frame member. It focuses on the interaction between an upper bracket assembly and an "upper extension assembly" that extends laterally from the upper front plate. The extension assembly has a slotted surface with a supporting hole that is movable to a position substantially orthogonal to the front plate, providing an adjustable connection point. (’641 Patent, Abstract; col. 8:20-40).
- Asserted Claims: Independent Claim 1 (Compl. ¶40).
- Accused Features: The complaint alleges that the accused product's upper bracket assembly, with its upper front plate and upper extension assembly with a slotted surface, infringes this patent (Compl. ¶¶40-42).
U.S. Patent No. 11,274,435 - "Bolt Calibrated Angle Mainstay Wall Connection System And Method For Use", issued March 15, 2022
- Technology Synopsis: This patent builds on the core adjustable bracket technology by adding a "vertical wall section." This wall section connects to the adjustable bracket and includes lateral spanning elements, vertical supports, and cross-spanning members. The innovation appears to be the integration of a larger, rigid wall structure with the finely adjustable mounting bracket. (’435 Patent, Abstract; col. 6:17-43).
- Asserted Claims: Independent Claim 1 (Compl. ¶45).
- Accused Features: The complaint alleges infringement by the accused product's combination of an adjustable upper bracket element and a "vertical wall section" comprising lateral spanning elements, vertical supports, and cross-spanning members (Compl. ¶¶49-50).
III. The Accused Instrumentality
Product Identification
- Defendant’s “Tower Leg Attachment” and “V-Mount for Lattice Tower Attachment” (collectively, the “Accused Products”) (Compl. ¶20).
Functionality and Market Context
- The Accused Products are mounting systems used to attach equipment, such as telecommunications antennas and radios, to lattice towers (Compl. ¶¶20, 23). The complaint alleges these products incorporate a screw-based adjustment mechanism for setting azimuth and downtilt angles (Compl. ¶23). A diagram from Defendant’s materials shows that removing certain bolts allows the assembly to pivot for downtilt adjustments of up to 4 degrees. This diagram, labeled "Downtilt Adjustment Options," illustrates the product's claimed adjustability (Compl. ¶23). The complaint also alleges the product has been installed at an AT&T cell site, suggesting its use in the commercial telecommunications infrastructure market (Compl. ¶51).
IV. Analysis of Infringement Allegations
'511 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| an upper bracket element, wherein the upper bracket element comprises a front plate, an upper backing bracket and a plurality of connecting bolts | The Accused Product comprises an upper bracket element with a front plate (7A), an upper backing bracket (6A), and connecting bolts (8). A diagram from the accused product's materials depicts these components assembled as "Detail A Tower Leg" (Compl. ¶21). | ¶21 | col. 2:50-54 |
| wherein the front plate further comprises a right front wing... and a left front wing | The front plate comprises a right front wing (5) and a left front wing. | ¶22 | col. 2:55-58 |
| a positioning plate | The Accused Product comprises a position plate. | ¶23 | col. 2:63-64 |
| and a straight slot weldment, wherein the straight slot weldment is a distance from the front plate | The Accused Product comprises a straight slot weldment (4) that is a distance from the front plate (5). | ¶24 | col. 2:46-47 |
| wherein the straight slot weldment comprises a right side wall, a left side wall and a front section adjusting bolt guide | The straight slot weldment (4) comprises a right side wall, a left side wall, and an adjusting bolt guide (10). | ¶25 | col. 2:58-60 |
| wherein the positioning plate is positioned between the left side wall and the right side wall; further wherein the straight slot weldment is positioned between the left front wing and the right front wing | The positioning plate is positioned between the left and right side walls, and the straight slot weldment (4) is positioned between the left and right front wings. | ¶26 | col. 2:62-col. 3:1 |
| a plurality of adjusting bolts, wherein at least one adjusting bolt extends through a left wing slot, a left wall slot, the positioning plate, a right wall slot, and a right wing slot | The Accused Product has adjusting bolts (9A and 11) that extend through the wing slots, wall slots, and positioning plate. | ¶27 | col. 3:1-4 |
| an adjusting bolt...wherein the adjusting bolt is screwed into the securing nut so that tightening the adjusting bolt causes the straight slot weldment to move...and to change the distance between the straight slot weldment and the front plate | The adjusting bolt (10) is screwed into a securing nut, and tightening it causes the straight slot weldment to move and change its distance from the front plate. | ¶30 | col. 3:9-13 |
| a lower bracket element...wherein the lower front plate further comprises a multi-hole taper plate | The Accused Product includes a lower bracket element with a lower front plate that has a multi-hole taper plate. | ¶¶31-32 | col. 3:17-21 |
- Identified Points of Contention:
- Scope Questions: Do the accused components, identified by callouts in marketing diagrams (e.g., "Boomerang Plate" (Compl. ¶21)), meet the specific structural definitions of the claimed "straight slot weldment" and "positioning plate" as described in the patent?
- Technical Questions: What evidence demonstrates that the accused "adjusting bolt (10)" functionally causes the "straight slot weldment (4) to move" in the specific manner required by the claim—i.e., sliding over other bolts to change the distance to the front plate? The complaint alleges this functionality but may require further technical evidence to prove.
'623 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a first bracket element, wherein the first bracket element comprises a first front plate, a first backing plate and a plurality of connecting bolts; wherein the first front plate comprises a right front wing...and a left front wing...wherein the right and left front wings are secured to the first front plate | The Accused Product has a first bracket element with a first front plate, backing plate, and connecting bolts. The front plate has right and left front wings secured to it. | ¶33 | col. 8:24-34 |
| an adjusting bolt assembly, wherein the adjusting bolt assembly comprises a right side wall, a left side wall and a first adjusting bolt guide surface...wherein the left front wing abuts the left side wall, and the right front wing abuts the left side wall | The Accused Product has an adjusting bolt assembly with right and left side walls and a first adjusting bolt guide surface, with the wings abutting the side walls. A diagram from defendant's materials shows the V-mount assembly (Compl. ¶34). | ¶34 | col. 8:35-42 |
| an adjusting bolt guide; wherein the adjusting bolt guide is laterally positioned between the right side wall and the left side wall | The Accused Product has an adjusting bolt guide laterally positioned between the side walls. | ¶35 | col. 8:43-44 |
| a plurality of assembly bolts, wherein at least a first assembly bolt extends through the left wing hole and the left wall hole; further wherein at least a second assembly bolt extends through the right wall hole and the right wing hole | The Accused Product has assembly bolts extending through the wing holes and wall holes. | ¶36 | col. 8:45-50 |
| an adjusting bolt...wherein the adjusting bolt is configured to allow the first adjusting bolt guide surface to move relative to the first front plate | The adjusting bolt extends into a securing nut and is configured to allow the adjusting bolt guide surface to move relative to the front plate. | ¶38 | col. 8:51-60 |
| a second bracket element...wherein the second front plate comprises a second adjusting bolt guide surface...[which] comprises a multi-hole taper plate | The Accused Product has a second bracket element with a second front plate that comprises a guide surface and a multi-hole taper plate. | ¶39 | col. 8:61-67 |
- Identified Points of Contention:
- Scope Questions: What is the scope of "abuts"? The claim requires the front wings to "abut" the side walls. The resolution of this may depend on whether direct physical contact is required or if proximity is sufficient.
- Technical Questions: Does the accused product's "adjusting bolt" actually function to "allow the first adjusting bolt guide surface to move relative to the first front plate" as claimed? The complaint asserts this configuration, but the precise mechanics of movement will be a central factual question.
V. Key Claim Terms for Construction
Term: "straight slot weldment" ('511 Patent)
- Context and Importance: This term defines a central moving component of the patented adjustment mechanism. How this term is construed—whether it is limited to a specific welded structure or can cover other types of slidable components—will be critical to determining if the accused "straight slot weldment (4)" (Compl. ¶24) falls within the claim's scope.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claims describe the component functionally in terms of its parts (side walls, bolt guide) and its interaction with other elements (e.g., being "positioned between the left front wing and the right front wing"). This functional description may support an interpretation that is not strictly limited by the term "weldment."
- Evidence for a Narrower Interpretation: The term "weldment" itself implies an assembly of parts joined by welding. The figures, such as FIG. 2, depict a unitary component (42) that appears to be a weldment. A defendant may argue that the term limits the claim to structures physically created by welding, potentially excluding assemblies joined by other means.
Term: "abuts" ('623 Patent)
- Context and Importance: Claim 1 of the ’623 patent requires that "the left front wing abuts the left side wall, and the right front wing abuts the left side wall." The definition of "abuts" is key to infringement, as it defines the required physical relationship between the stationary wings and the moving side walls of the adjusting assembly. Practitioners may focus on this term because infringement will hinge on whether the accused product's components meet this spatial requirement.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent does not provide an explicit definition. A plaintiff might argue for a common dictionary definition, which can mean "to be adjacent" or "to touch at one end or side," not necessarily requiring full, continuous contact.
- Evidence for a Narrower Interpretation: The detailed description does not provide significant clarification, but a defendant could argue that in the context of a mechanical assembly providing structural support, "abuts" implies a direct, surface-to-surface load-bearing contact, which may not be present in the accused device. The diagrams (e.g., '623 Patent, FIG. 2) show the parts in close proximity, but the nature of the contact is not detailed.
VI. Other Allegations
- Indirect Infringement: For all four patents, the complaint alleges inducement and contributory infringement, stating Defendant knew or should have known its actions would induce infringement by its customers (Compl. ¶¶56, 63, 70, 77). The factual basis for inducement may be supported by product documentation, such as the diagrams showing adjustment options, which could be construed as instructions for customers to use the product in an infringing manner (Compl. ¶23).
- Willful Infringement: The complaint alleges willful infringement based on Defendant's alleged knowledge of the patents at least as early as the May 30, 2023 cease and desist letter. It alleges that Defendant's continued infringement after receiving this notice has been "knowing and intentional" and "deliberate, and/or in conscious disregard of Plaintiff’s rights" (Compl. ¶¶53, 57, 60, 64, 67, 71, 74, 78, 81).
VII. Analyst’s Conclusion: Key Questions for the Case
- A central issue will be one of structural correspondence: Do the components of the accused "Tower Leg Attachment," identified in marketing diagrams, possess the specific structural features and interrelationships—such as the "straight slot weldment" sliding relative to a "positioning plate" in the ’511 patent, or the front wings "abutting" the side walls in the ’623 patent—as defined by the claim language?
- A key evidentiary question will be one of functional operation: Beyond structural similarity, can Plaintiff provide technical evidence that the accused product's adjustment mechanism operates in the specific manner claimed, particularly that tightening the "adjusting bolt" causes movement of the "weldment" or "guide surface" to achieve a precise, calibrated change in the assembly's angle?
- The case will also raise a question of patent scope across a family: How will the court construe the claims of four related but distinct patents asserted against the same product? The analysis will likely focus on whether the subtle differences in claim language across the patent family capture different, independently patentable aspects of the accused device's design, from its basic adjustment mechanism ('511 patent) to its integration with a larger wall structure ('435 patent).