DCT

2:26-cv-00234

Valdez v. Hamilton

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Amended Complaint
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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:26-cv-00234, M.D. Fla., 04/27/2026
  • Venue Allegations: Venue is asserted based on the defendants' residence in Lee County, Florida, where the causes of action allegedly accrued, and their maintenance of a regular and established physical place of business in the district.
  • Core Dispute: Plaintiffs seek a declaratory judgment of non-infringement and invalidity of a patent for a flood barrier, correction of the patent's inventorship to add Plaintiff Valdez, and damages for related state law claims including tortious interference and defamation.
  • Technical Context: The technology relates to custom, removable flood barriers designed to protect entry points of residential and commercial buildings from water damage.
  • Key Procedural History: The dispute follows a business relationship breakdown between the parties. Defendant Vanderwoude, the named inventor, sent cease-and-desist letters to Plaintiffs alleging patent rights prior to the patent's issuance. Plaintiffs now allege that Defendant Vanderwoude improperly claimed sole inventorship and engaged in inequitable conduct by omitting Plaintiff Valdez, who allegedly conceived key features of the invention.

Case Timeline

Date Event
2025-02-21 Defendant Hamilton's employment with Plaintiff Wild West is terminated.
2025-02-27 Defendant Vanderwoude serves a cease-and-desist letter on Plaintiffs.
2025-05-28 '591 Patent Priority Date (Application Filing).
2025-08-26 U.S. Patent No. 12,398,591 issues.
2026-04-27 Fourth Amended Complaint filed.

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 12,398,591 - "One Piece Flood Panel Barrier for Residential and Commercial Structures"

  • Patent Identification: U.S. Patent No. 12,398,591, "One Piece Flood Panel Barrier for Residential and Commercial Structures," issued August 26, 2025 (the "'591 Patent").

The Invention Explained

  • Problem Addressed: The patent's background section identifies an "urgent need for accessible and affordable protective measures" against flooding, particularly for vulnerable entry points like doors and windows in coastal areas, as traditional solutions are often expensive or impractical for homeowners '591 Patent, col. 1:11-30 '591 Patent, col. 2:18-24
  • The Patented Solution: The invention is a custom-sized, one-piece flood barrier designed to be releasably secured over a building opening '591 Patent, abstract It comprises a rigid panel member surrounded by a support member assembly '591 Patent, col. 3:38-56 A key feature for structural rigidity is at least one "cable member" that is coupled between the lateral support members '591 Patent, col. 3:59-63 The assembly also includes sealing members to inhibit water egress and corner brace members for reinforcement '591 Patent, abstract '591 Patent, col. 5:9-12
  • Technical Importance: The technology aims to provide a cost-effective, easily deployable, and personalized flood protection system that democratizes access to such safety measures for a wider range of homeowners '591 Patent, col. 2:62-3:2

Key Claims at a Glance

  • The complaint's non-infringement count focuses on limitations found in independent Claim 1, while the inventorship dispute centers on a feature recited in dependent Claim 3 Compl. ¶95 Compl. ¶98
  • Independent Claim 1 includes the following essential elements:
    • A one-piece panel member with specified edges and sides.
    • A support member assembly coupled to the panel's perimeter edges, consisting of lower, upper, and two lateral support members.
    • A lower seal member and two lateral sealing members.
    • At least one cable member operably coupled between the first and second lateral support members.
  • The complaint does not explicitly reserve the right to assert other claims, but the declaratory judgment count for non-infringement refers broadly to "at least one claim of the Patent-in-Suit" Compl. ¶98

III. The Accused Instrumentality

Product Identification

The complaint seeks a declaratory judgment that the custom flood panels manufactured and sold by Plaintiff Wild West Security Shutters, LLC do not infringe the '591 Patent Compl. ¶¶97-98

Functionality and Market Context

  • The complaint describes Wild West's products as custom hurricane and security shutters, including flood panels, for residential and commercial properties in Southwest Florida Compl. ¶11
  • The central allegation for non-infringement is that Wild West's products are technically different from the patented invention. Specifically, the complaint asserts that "no Wild West flood barrier has at least one cable member operably coupled to said first lateral support member and said second lateral support member" as required by the claims Compl. ¶35 Compl. ¶98 The complaint does not provide further technical detail on the construction of the Wild West panels.

No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

The complaint does not allege infringement but rather seeks a declaratory judgment of non-infringement. The analysis below summarizes the plaintiff's non-infringement theory as presented in the complaint.

'591 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Non-Infringing Functionality Complaint Citation Patent Citation
a one-piece panel member... The complaint does not provide sufficient detail for analysis of this element. col. 6:41-47
a support member assembly... The complaint does not provide sufficient detail for analysis of this element. col. 6:48-5:2
a lower seal member... [and] a first lateral sealing member and a second lateral sealing member... The complaint does not provide sufficient detail for analysis of this element. col. 7:1-13
at least one cable member, said at least one cable member being operably coupled to said first lateral support member and said second lateral support member... The complaint alleges that Plaintiff's flood barriers do not possess this element, stating "no Wild West flood barrier has at least one cable member" coupled between the lateral support members. ¶98 col. 7:14-19

Identified Points of Contention

  • Technical Question: The primary factual dispute will be whether the plaintiff's flood barriers contain a "cable member" or a structure that is its technical equivalent. The case will depend on evidence establishing the actual construction of the Wild West products.
  • Scope Questions: Should the evidence show a structure exists on the Wild West product that provides tension or rigidity, a central question for the court may be whether the term "cable member" as used in the patent can be construed to read on that structure.

V. Key Claim Terms for Construction

"at least one cable member"

  • Context and Importance: This term is the foundation of the plaintiff's non-infringement argument Compl. ¶98 The presence or absence of a structure meeting this definition in the Wild West product appears dispositive for the non-infringement claim. Practitioners may focus on this term because its construction will define the scope of what structures can satisfy this limitation.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claim language itself is broad, simply requiring a "cable member" without specifying material or form '591 Patent, cl. 1 This could support an interpretation covering various types of tensioning elements.
    • Evidence for a Narrower Interpretation: The specification describes a specific embodiment as a "stainless steel cable" '591 Patent, col. 3:60-63 A defendant might argue this description limits the term to a more conventional, wire-rope-style cable, as opposed to other types of structural ties or bands.

"corner brace members"

  • Context and Importance: This term, recited in dependent Claim 3, is central to the inventorship dispute Compl. ¶¶95, 105 Plaintiff Valdez alleges he conceived of the "four corner brace members," and the validity of this claim to co-inventorship will depend on whether his contribution was a significant part of the claimed invention.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claim simply requires "four corner brace members being mateably mounted to four corners of the support member assembly" '591 Patent, cl. 3 This language does not impose significant structural constraints beyond placement.
    • Evidence for a Narrower Interpretation: The specification provides more detail, describing the braces as "triangular in shape" and manufactured from a "rigid planar material such as but not limited to metal sheet" '591 Patent, col. 5:9-15 This description could be used to argue that the "conception" of the braces required envisioning these specific characteristics.

VI. Other Allegations

Correction of Inventorship

The complaint alleges that Plaintiff Edward Valdez is a "true co-inventor" of the system claimed in the '591 Patent Compl. ¶95 The basis for this claim is his alleged contribution to the conception of the "four corner brace members" recited in Claim 3 while working with Wild West Compl. ¶95 The omission is alleged to be an error under 35 U.S.C. § 256 Compl. ¶96

Inequitable Conduct

The complaint alleges that the '591 Patent is invalid and unenforceable due to inequitable conduct Compl. Count VII The basis is the allegation that Defendant Vanderwoude knew Valdez had contributed to the conception of the invention but "knowingly omitted Valdez as a co-inventor with the specific intent to misrepresent inventorship" to the USPTO Compl. ¶¶105-107 This intentional omission of a material fact-the identity of the true inventors-is alleged to have been done with the intent to deceive the patent office Compl. ¶110

VII. Analyst's Conclusion: Key Questions for the Case

This case presents an inverted patent dispute, where the manufacturer is the plaintiff seeking declarations of non-infringement and invalidity. The central questions for the court appear to be:

  1. A question of inventorship: Does the evidence support the allegation that Plaintiff Valdez's contribution to the "corner brace members" was significant enough to constitute co-inventorship, thereby requiring correction of the patent under 35 U.S.C. § 256?
  2. A question of patentee conduct: Did Defendant Vanderwoude's failure to name Valdez as a co-inventor rise to the level of inequitable conduct, requiring a finding of specific intent to deceive the USPTO that would render the entire patent unenforceable?
  3. A factual question of non-infringement: Do the plaintiff's flood barrier products in fact lack the "cable member" limitation as claimed in the '591 Patent? The resolution will likely depend on both the construction of the claim term and a technical comparison of the products.
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