DCT

4:26-cv-00585

Glick Metals LLC v. Marco Industries Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 4:26-cv-00585, N.D. Okla., 09/21/2026
  • Venue Allegations: Venue is asserted in the Northern District of Oklahoma because Defendant Marco Industries, Inc. is incorporated in Oklahoma, maintains its principal place of business and headquarters in Tulsa, and has allegedly committed acts of patent infringement within the district.
  • Core Dispute: Plaintiff alleges that Defendant’s roofing ventilation product infringes two utility patents and two design patents related to Z-shaped closure members used in raised seam roofing systems.
  • Technical Context: The technology relates to components for roofing systems, specifically for creating a ventilated ridge on raised seam metal roofs, which allows air to circulate while preventing ingress of debris and moisture.
  • Key Procedural History: The complaint details pre-litigation interactions, including a 2020 facility tour of Plaintiff’s manufacturing process by Defendant’s representatives under non-disclosure agreements. This is followed by a series of letters in 2025 and 2026 where Plaintiff notified Defendant of the asserted patents, which Defendant allegedly continued to infringe. These interactions form the basis for allegations of both trade secret misappropriation and willful patent infringement.

Case Timeline

Date Event
2014-09-06 Priority Date for ’767, ’435, ’111, and ’028 Patents
2014-01-01 Glick began development of SNAP-Z® products
2015-01-01 Glick launched commercial sales of SNAP-Z® products
2016-06-07 U.S. Patent No. 9,359,767 Issued
2016-09-20 U.S. Design Patent No. D767,111 Issued
2016-10-25 U.S. Design Patent No. D770,028 Issued
2017-03-28 U.S. Patent No. 9,605,435 Issued
2020-03-10 Marco representatives tour Glick's facility under NDA
2025-12-09 Glick sends letter to Marco identifying the Asserted Patents
2026-02-01 Marco allegedly begins offering the SSV product for sale
2026-02-25 Glick sends cease and desist letter to Marco
2026-03-26 Marco responds to Glick, denying infringement
2026-05-28 Glick provides detailed claim charts to Marco
2026-09-21 Complaint Filed

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

U.S. Patent No. 9,359,767 - “Z-shaped Closure Member with Filter Retention Features”

  • Patent Identification: U.S. Patent No. 9359767, “Z-shaped Closure Member with Filter Retention Features,” issued June 7, 2016.
  • The Invention Explained:
    • Problem Addressed: The patent addresses the need for an efficient and easy-to-install support member for mounting a ventilation cap on a raised seam metal roof ’767 Patent, col. 1:26-36 Prior art methods could be complex or require multiple, specialized components to create a ventilated structure that also filtered out debris ’767 Patent, col. 2:45-56
    • The Patented Solution: The invention is a Z-shaped closure member, formed from a single piece of bent sheet metal, that includes integral features for holding a mesh filter in place. The member has a central vertical wall with ventilation openings, an upper flange to support the vent cap, and a lower flange to attach to the roof panel ’767 Patent, abstract The key innovation is the inclusion of an "upper tab member" and a "lower flexible locking tab," which are formed from the same piece of metal and work together to trap and secure the filter without requiring separate fasteners or complex assembly steps ’767 Patent, col. 5:12-25 ’767 Patent, Fig. 3
    • Technical Importance: This design aimed to reduce manufacturing costs and simplify the on-site installation of ventilated ridge systems for metal roofs, making the process faster and less reliant on skilled labor ’767 Patent, col. 3:34-40
  • Key Claims at a Glance:
    • The complaint asserts independent claims 1 and 8 ’Compl. ¶59
    • Claim 1 recites a Z-shaped closure member as a standalone product, detailing its constituent parts formed from a "continuous unitary structure": a central member with openings, an upper flange with an associated retainer and tab, a lower flange, and a "flexible locking tab."
    • Claim 8 recites the combination of the Z-shaped closure member and a filter, with the filter being "retained in position against said rear face by said upper tab member and said locking tab."

U.S. Patent No. 9,605,435 - “Z-shaped Closure Member for Raised Seam Roofs”

  • Patent Identification: U.S. Patent No. 9605435, “Z-shaped Closure Member for Raised Seam Roofs,” issued March 28, 2017.
  • The Invention Explained:
    • Problem Addressed: As a continuation-in-part of the ’767 Patent, the ’435 Patent addresses the same general problem of providing a simple and effective Z-closure member for raised seam roofs ’435 Patent, col. 1:16-24
    • The Patented Solution: The ’435 Patent describes a Z-shaped closure member with a more functionally-defined retention system. Instead of claiming a specific "flexible locking tab," this patent claims "filter retention devices" more broadly. The specification discloses several such devices, including adhesive, retention dimples pressed into the metal, and an optional "deflector member" on the lower flange, in addition to the tab structures from the parent patent ’435 Patent, abstract ’435 Patent, col. 7:25-36 This provides more design options for achieving the same end.
    • Technical Importance: This approach provided greater flexibility in manufacturing and design, allowing for different methods of securing the filter that could be optimized for cost, material, or performance, while still achieving the goal of a simplified, integrated ventilation component ’435 Patent, col. 2:55-65
  • Key Claims at a Glance:
    • The complaint asserts independent claims 1 and 12 ’Compl. ¶64
    • Claim 1 recites a Z-shaped closure member with upper and lower flanges that define a "cavity for the insertion of a filter" and includes "filter retention devices incorporated into said upper and lower flanges to restrain movement of said filter."
    • Claim 12 recites the combination of the Z-shaped closure member and the filter itself, where the filter is "retained in position against said rear face by said filter retention devices."

U.S. Design Patent No. D767,111 - “Z-closure Member for Mounting a Vent Cap on a Raised Seam Roof”

  • Patent Identification: U.S. Design Patent No. D767111, “Z-closure Member for Mounting a Vent Cap on a Raised Seam Roof,” issued September 20, 2016 ’Compl. ¶25
  • Technology Synopsis: This patent claims the ornamental design for a Z-closure member. The design features a Z-shaped profile with distinctive oval-shaped ventilation openings on its vertical face ’111 Patent, Fig. 1
  • Asserted Claims: The complaint asserts the single claim of the design patent ’Compl. ¶66
  • Accused Features: The complaint alleges that the overall shape and visual impression of the accused SSV product are "substantially similar" to the design claimed in the ’111 Patent, such that an ordinary observer would be deceived ’Compl. ¶¶68-69

U.S. Design Patent No. D770,028 - “Z-closure Member with Perpendicular Flanges”

  • Patent Identification: U.S. Design Patent No. D770028, “Z-closure Member with Perpendicular Flanges,” issued October 25, 2016 ’Compl. ¶29
  • Technology Synopsis: This patent claims the ornamental design for a Z-closure member with perpendicular flanges, showing a specific visual appearance characterized by the sharp, 90-degree angles between the flanges and the central vertical face ’028 Patent, Fig. 1
  • Asserted Claims: The complaint asserts the single claim of the design patent ’Compl. ¶71
  • Accused Features: The complaint alleges that the overall shape and visual impression of the accused SSV are the same as the patented design, leading to deception of an ordinary observer ’Compl. ¶¶73-74

III. The Accused Instrumentality

  • Product Identification: The accused product is the "Standing Seam Vent" ("SSV") manufactured and sold by Defendant Marco Industries, Inc. ’Compl. ¶47
  • Functionality and Market Context: The complaint describes the SSV as a "Z-shaped closure member for mounting a vent cap on a raised seam roof structure" ’Compl. ¶48 It is a roofing ventilation product marketed for use with metal roofs ’Compl. ¶56 The complaint includes a screenshot from Defendant's website showing the SSV product, which is described as being available for sale ’Compl. ¶56 Compl. Exhibit H Plaintiff alleges that Defendant began offering the SSV for sale on or around February 2026, after having been notified of Plaintiff's patents (’Compl. ¶55; Compl. ¶57).

IV. Analysis of Infringement Allegations

The complaint references claim chart exhibits that were not attached to the filing; however, it provides a narrative of the infringement allegations that can be summarized as follows.

’767 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A Z-shaped closure member for mounting a vent cap on a raised seam roof structure... The accused SSV is described as a "Z-shaped closure member for mounting a vent cap on a raised seam roof structure." ¶48 col. 1:26-30
a central member having a front face and a rear face and being formed with ventilation openings... The SSV is a ventilation product, and the complaint alleges it embodies the invention, which requires ventilation openings. ¶58 col. 5:5-8
an upper flange... an upper retainer member... an upper tab member... The complaint alleges that the SSV embodies the inventions claimed in the ’767 Patent, which includes these specific structural features for filter retention. ¶58 col. 5:12-20
a lower flange... a flexible locking tab... The complaint alleges that the SSV embodies the inventions claimed in the ’767 Patent, which includes these specific structural features for filter retention. ¶58 col. 5:36-46
wherein the Z-shaped closure member is a continuous unitary structure of one-piece construction. The complaint alleges the SSV embodies the claimed invention, which is described as a unitary, one-piece structure. ¶58 col. 8:10-12

’435 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A Z-shaped closure member for mounting a vent cap on a raised seam roof structure... The accused SSV is described as a "Z-shaped closure member for mounting a vent cap on a raised seam roof structure." ¶48 col. 1:16-18
...defining a cavity for the insertion of a filter... The SSV is a ventilation product alleged to be "very similar" to Plaintiff's SNAP-Z®, which contains a filter. ¶44 col. 11:9-12
...filter retention devices incorporated into said upper and lower flanges to restrain movement of said filter... The complaint alleges the SSV embodies the inventions claimed in the ’435 Patent, which requires features that function to retain a filter. ¶63 col. 11:13-17
  • Identified Points of Contention:
    • Structural Questions (’767 Patent): A central question will be whether the accused SSV contains the specific, structurally defined "upper tab member" and "flexible locking tab" required by claim 1 of the ’767 Patent. The infringement analysis for this patent may depend on a direct physical comparison of the accused product to the claimed structures.
    • Functional Scope Questions (’435 Patent): For the ’435 Patent, the dispute may focus on the scope of the term "filter retention devices". The court will have to determine whether the mechanism used in the SSV to hold its filter (whatever that may be) falls within the definition of this more functional claim term.
    • Evidentiary Questions: The complaint does not provide specific technical details or diagrams of the accused SSV's internal structure. A key question for discovery will be to determine the precise physical construction of the SSV and how it secures its filter media.

V. Key Claim Terms for Construction

  • The Term: "flexible locking tab" (’767 Patent, claim 1)

    • Context and Importance: This term describes a specific structural element for securing the filter. Because the ’767 Patent claims are structural, whether the accused SSV has a feature that meets this definition will be a critical point of contention. Practitioners may focus on this term because it appears to be a primary point of novelty that distinguishes over prior art.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification describes the tab's function as engaging "a lower portion of the filter F, once inserted" ’767 Patent, col. 5:46-48 A plaintiff may argue that any feature on the lower flange that performs this engaging function meets the definition.
      • Evidence for a Narrower Interpretation: The specification describes the tab as being formed by a "reverse bend of slightly less than 180 degrees" and having a "slight range of vertical movement" ’767 Patent, col. 5:41-50 A defendant may argue that the term requires both the specific formation method and the capacity for movement, narrowing its scope to exclude static or differently-formed features.

  • The Term: "filter retention devices" (’435 Patent, claim 1)

    • Context and Importance: This functional term is central to the ’435 Patent, a continuation-in-part that appears intended to cover a wider array of retention methods than the parent ’767 Patent. Its construction will likely determine the breadth of the ’435 claims.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification provides multiple, distinct examples of "retention devices," including "adhesive," "an upper tab," a "flexible locking tab," and a "retention dimple" ’435 Patent, abstract ’435 Patent, col. 7:25-36 A plaintiff may argue this list is exemplary, not exhaustive, and that the term should encompass any means used to restrain the filter's movement.
      • Evidence for a Narrower Interpretation: A defendant may argue that the term, while functional, should be limited to the types of mechanical and adhesive means disclosed in the specification. They could contend that if the accused product uses a fundamentally different method not contemplated by the patent, such as a simple friction-fit without a distinct "device," it does not infringe.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges both induced and contributory infringement. For inducement, it alleges Marco had knowledge of the patents as of at least December 9, 2025, and "specifically intended its customers to use the SSV in an infringing manner" (’Compl. ¶57; Compl. ¶61; Compl. ¶65). For contributory infringement, it alleges the SSV is a "specially adapted component" that is a "material part" of the invention and has "no substantial non-infringing use" ’Compl. ¶62
  • Willful Infringement: Willfulness is alleged based on Marco's continued infringement after receiving notice of the patents via a letter dated December 9, 2025, and subsequent communications (’Compl. ¶45; Compl. ¶57; Compl. ¶86; Compl. ¶95). The complaint also ties willfulness to the allegation that Marco developed its product after touring Plaintiff's facility, suggesting potential copying (’Compl. ¶41; Compl. ¶81).

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

  • A core issue will be one of claim scope and construction: can Plaintiff prove that the accused SSV product contains the specific structural elements (like the "flexible locking tab") of the ’767 Patent, or alternatively, that its filter-holding mechanism falls within the broader functional definition of "filter retention devices" as claimed in the ’435 Patent? The outcome may hinge on how narrowly the court construes these key terms.
  • A second pivotal issue will be one of independent development versus misappropriation. The complaint's narrative strongly links the development of the accused SSV to a tour of Plaintiff's facility under an NDA. A key evidentiary battle will likely focus on whether Marco can produce credible evidence that it independently conceived of and developed its product, a question that will be central to both the trade secret claim and the patent claim for willful infringement.