DCT
7:25-cv-00582
Cambria Co LLC v. M S Intl Inc
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Cambria Company LLC (Minnesota)
- Defendant: M S INTERNATIONAL, INC., D/B/A MSI (Indiana)
- Plaintiff’s Counsel: Winston & Strawn LLP
- Case Identification: 7:25-cv-00582, W.D. Tex., 12/19/2025
- Venue Allegations: Plaintiff alleges venue is proper in the Western District of Texas because Defendant maintains a regular and established place of business within the district, specifically a 65,000 square-foot distribution center and showroom in Austin, on which it pays taxes.
- Core Dispute: Plaintiff alleges that Defendant’s engineered quartz slab products infringe patents related to methods of manufacture and the resulting aesthetic designs that emulate natural stone.
- Technical Context: The technology relates to engineered stone surfaces, a significant segment of the home and commercial building materials market, valued for its durability and aesthetic qualities that compete with natural quarried stone.
- Key Procedural History: The complaint does not mention any prior litigation, inter partes review proceedings, or licensing history between the parties.
Case Timeline
| Date | Event |
|---|---|
| 2015-01-30 | Earliest Priority Date for ’762, ’440, and ’718 Patents |
| 2019-02-05 | U.S. Patent No. 10,195,762 Issues |
| 2019-04-09 | U.S. Patent No. 10,252,440 Issues |
| 2025-07-29 | U.S. Patent No. 12,370,718 Issues |
| 2025-12-19 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,195,762 - “Processed Slabs, and Systems and Methods Related Thereto,” issued February 5, 2019
The Invention Explained
- Problem Addressed: The patent’s background section notes that while engineered stone offers improved physical properties over quarried stone, it often falls "noticeably short of the complicated look and texture of quarried stone" (Compl. Ex. A, ’762 Patent, col. 1:35-37).
- The Patented Solution: The invention is a synthetic slab and a method for making it that creates complex, repeatable veining patterns designed to emulate natural stone. The solution involves sequentially depositing at least two different "particulate mineral mixes" (e.g., quartz, resin, and pigments) into a mold using a series of complementary stencils. This method creates distinct regions of color and texture that extend through the entire thickness of the slab, providing a natural appearance even after cutting and polishing (’762 Patent, col. 2:23-55, col. 6:57-64).
- Technical Importance: This approach allows for the mass production of engineered slabs with consistent, complex, and naturalistic veining that was previously difficult to achieve in a repeatable manner (’762 Patent, col. 4:11-17).
Key Claims at a Glance
- The complaint asserts independent claim 22 (’762 Patent, col. 14:32-51).
- The essential elements of claim 22 are:
- A processed slab with a major surface of at least 2 by 6 feet.
- The major surface is comprised of a first and a second particulate mineral mix.
- The first mix occupies the entire slab thickness at a "set of first regions," which includes both a "first vein in a generally widthwise direction" and a "second vein in a generally lengthwise direction."
- The second mix occupies the entire slab thickness at a "set of second regions."
- The two mixes are "different" and are absent from each other's respective regions.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 10,252,440 - “Processed Slabs, and Systems and Methods Related Thereto,” issued April 9, 2019
The Invention Explained
- Problem Addressed: The patent addresses the same problem as the ’762 Patent: the difficulty of manufacturing engineered stone that convincingly emulates the complex appearance of natural, quarried stone (Compl. Ex. B, ’440 Patent, col. 1:35-37).
- The Patented Solution: This patent focuses specifically on the process of creating the slabs. The claimed solution is a method that involves "sequentially dispensing" different pigmented mineral mixes into a slab mold through separate stencils that define distinct, complementary regions. After deposition, the mixes are vibrated and compacted to form the final slab (’440 Patent, col. 2:25-56). The use of stencils provides a "predefined and repeatable pattern" for the veining (’440 Patent, col. 3:10-18).
- Technical Importance: The invention defines a specific, repeatable manufacturing process to achieve the aesthetic outcome of complex veining, moving beyond the limitations of less controlled methods and enabling consistent product appearance across multiple slabs (’440 Patent, col. 4:11-17).
Key Claims at a Glance
- The complaint asserts independent claim 14 (’440 Patent, col. 14:14-30).
- The essential elements of claim 14 are:
- A process of forming a processed slab.
- Sequentially dispensing at least a first and a second different pigmented particulate mineral mix into a slab mold.
- The first mix is dispensed into a "first set of regions," and the second mix is dispensed into a "second set of regions," with the two sets being different from each other.
- Vibrating and compacting the mixes to form a slab of at least 3 by 6 feet.
- The complaint does not explicitly reserve the right to assert dependent claims.
Multi-Patent Capsule
- Patent Identification: U.S. Patent No. 12,370,718, “Processed Slabs, and Systems and Methods Related Thereto,” issued July 29, 2025.
- Technology Synopsis: This patent claims the resulting slab product, defining its aesthetic appearance through the topological relationship between a "main interconnected material" (the primary vein network) and the "interstitial material portions" (the background material). This approach focuses on the structural and spatial characteristics of the veining pattern itself (Compl. Ex. C, ’718 Patent, col. 14:5-24).
- Asserted Claims: Independent claims 1 and 9 are asserted (Compl. ¶38).
- Accused Features: The complaint alleges that the veining pattern of Defendant's "Calacatta Classique" product, which features a prominent vein network against a background, embodies the claimed relationship between a main interconnected material and interstitial portions (Compl. ¶18, ¶38).
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are processed slabs sold by MSI, with the "Calacatta Classique" design identified as a specific, non-limiting example (Compl. ¶17).
Functionality and Market Context
- The Accused Products are engineered quartz slabs used for applications such as countertops and other decorative surfaces (Compl. ¶17). The complaint provides an image of the "Calacatta Classique" product, which shows a slab with a light-colored background and darker, branching veins intended to emulate the appearance of natural marble (Compl. ¶18). Plaintiff alleges that the commercial success of its patented products prompted competitors like MSI to copy them (Compl. ¶16).
IV. Analysis of Infringement Allegations
10,195,762 Patent Infringement Allegations
| Claim Element (from Independent Claim 22) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a major surface defined by a set of particulate mineral mixes and having a rectangular shape that is at least 2 feet wide by at least 6 feet long | The Accused Products are sold as slabs in standard industry dimensions that meet or exceed these measurements. | ¶17 | col. 14:34-36 |
| the major surface comprising a first particulate mineral mix and a second particulate mineral mix... the first and second particulate mineral mixes being different | The Accused Product's appearance is created from at least two visually distinct mixes of material for the background and the veins. | ¶18 | col. 14:37-45 |
| the first particulate mineral mix occupies the entire slab thickness at a set of first regions, the set of first regions including a first vein in a generally widthwise direction... and a second vein in a generally lengthwise direction | The veins in the Accused Product are alleged to extend through the slab's thickness and are arranged in patterns that run across both the width and length of the slab surface. | ¶18 | col. 14:39-43 |
| the second particulate mineral mix occupies the entire slab thickness at a set of second regions | The background material of the Accused Product occupies the regions not filled by veins and extends through the slab's thickness. | ¶18 | col. 14:44-45 |
| the first particulate mineral mix is absent from the set of second regions and the second particulate mineral mix is absent from the set of first regions | The vein material and background material occupy separate, non-overlapping regions of the slab. | ¶18 | col. 14:46-51 |
- Identified Points of Contention:
- Scope Questions: A central dispute may concern whether the irregular, branching veins in the accused "Calacatta Classique" product, as shown in the complaint's image (Compl. ¶18), satisfy the claim requirement for two distinct veins: one "in a generally widthwise direction" and another "in a generally lengthwise direction." The interpretation of "generally" and whether a single complex network can meet this two-vein limitation raises a question for claim construction.
- Technical Questions: The complaint's allegations appear to rely on a visual inspection of the final product. This raises the evidentiary question of what proof exists that the distinct visual regions (veins and background) are composed of different "particulate mineral mixes" that occupy the "entire slab thickness" and are absent from each other’s regions, as required by the claim.
10,252,440 Patent Infringement Allegations
| Claim Element (from Independent Claim 14) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A process of forming a processed slab comprising, sequentially dispensing at least first and second pigmented particulate mineral mixes into a slab mold | Based on information and belief, the Accused Product is made by a process that involves sequentially depositing different materials for the veins and background into a mold. | ¶16, ¶30 | col. 14:15-18 |
| the first pigmented particulate mineral mix different than the second pigmented particulate mineral mix | The final product's visually distinct veins and background suggest that different material mixes were used in its manufacture. | ¶18 | col. 14:18-20 |
| wherein the first... mix is dispensed into the first set of regions... and the second... mix is dispensed into the second set of regions... the second set of regions different than the first set of regions | The distinct, non-overlapping patterns are alleged to result from a process where the respective mixes are dispensed into separate, complementary regions of a mold. | ¶30 | col. 14:21-25 |
| vibrating and compacting the pigmented particulate mineral mixes... to form a processed slab that is generally rectangular and has a major surface with a width of at least 3 feet and a length of at least 6 feet | The Accused Product is a compacted engineered stone slab sold in standard industry dimensions meeting these criteria. | ¶17 | col. 14:26-30 |
- Identified Points of Contention:
- Technical Questions: As claim 14 is a process claim, infringement depends on the actual manufacturing method used by Defendant. The complaint alleges infringement "on information and belief" (Compl. ¶17), raising the question of what evidence will be produced in discovery. The central technical question is whether Defendant’s manufacturing process uses the claimed "sequentially dispensing" method, potentially with stencils, or achieves a veined appearance through an alternative, non-infringing technique.
V. Key Claim Terms for Construction
- The Term: "a first vein in a generally widthwise direction... and a second vein in a generally lengthwise direction" (from ’762 Patent, Claim 22).
- Context and Importance: Practitioners may focus on this term because the infringement theory for the ’762 Patent relies on the visual appearance of the accused slab. The viability of the claim may depend on whether the complex, naturalistic veining of the "Calacatta Classique" design can be mapped onto this specific structural requirement for two directionally distinct veins.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The use of the word "generally" suggests the directions need not be perfectly linear or orthogonal. The specification’s stated goal is to emulate "the complicated look and texture of quarried stone" (’762 Patent, col. 1:36-37), which could support an interpretation that covers complex, branching, and non-linear patterns.
- Evidence for a Narrower Interpretation: The claim explicitly requires two distinct features: a "first vein" with a widthwise direction and a "second vein" with a lengthwise direction. Patent figures such as FIG. 1 depict distinct regions (51, 52) with dominant axes. An argument could be made that a single, interconnected branching network does not contain the two separate, directionally-defined veins required by the plain language of the claim.
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement for all asserted patents, based on Defendant’s promotion of the Accused Products through marketing materials, web pages, and its sales and distribution channels, which allegedly encourage infringing sales and importation (Compl. ¶23-24, ¶31-32, ¶39-40).
- Willful Infringement: Willfulness is alleged for all asserted patents. The basis for this allegation is post-suit knowledge, asserting that Defendant "has been on notice of and had actual knowledge" of the patents since the filing of the complaint and has failed to cease its infringing activities (Compl. ¶27, ¶35, ¶43).
VII. Analyst’s Conclusion: Key Questions for the Case
- A key evidentiary question will be one of process inference: for the ’440 Patent, can Plaintiff demonstrate that Defendant uses the claimed sequential, stencil-based manufacturing process based on analysis of the final product, or will discovery reveal a fundamentally different and non-infringing method of manufacture?
- A core issue will be one of definitional scope: for the ’762 Patent, can the claim language requiring distinct "widthwise" and "lengthwise" veins be construed to cover the irregular, branching patterns of the accused "Calacatta Classique" product, or is there a mismatch between the claim’s specific structural requirements and the accused design?