Merchant & Gould Successfully Defends AmesburyTruth from $72,000,000 Trade Secrets Claim

Judgment ensures AmesburyTruth’s freedom to operate and grow its casement-window hardware business
January 3, 2018

Merchant & Gould is pleased to announce that Edina, Minn.-based client Amesbury Group, Inc. won one of Minnesota’s biggest defense cases in 2017, by defeating a misappropriation of trade secrets claim that sought over $72,000,000 in damages in Creative Research & Development, Inc., et al. v. Amesbury Group, Inc. 

Amesbury’s victory following a two-week trial ensures its freedom to operate and further grow its industry-leading casement window hardware business under the AmesburyTruth brand.

After Amesbury’s parent company acquired Truth Hardware Corporation in 2013, the companies were rebranded as AmesburyTruth, which combined Amesbury’s industry leading door and window hardware with Truth’s industry leading casement window hardware.

Following the Truth acquisition, the plaintiffs sued Amesbury, alleging that an unsigned, draft patent and technical information agreement with Amesbury triggered payment of royalties on Truth’s sales of independently-developed casement window hardware.

The Court’s decision rejected all of the plaintiffs’ legal claims, which sought over $72,000,000 in damages, plus punitive damages. 

The successful Merchant & Gould trial team included lead trial counsel Peter Gergely, a partner from Denver; Thomas Leach, a partner from Minneapolis; and Ryan Fletcher, Ph.D, a senior associate from Denver. Denver partner Andrew Jagenow, who has represented Amesbury in intellectual property matters since 2004, supported the defense by providing critical market and industry insight.

“We are very pleased with the result and thank AmesburyTruth for giving us the opportunity to represent them in this challenging case,” said Peter Gergely.

“We are happy for our client and the outcome of this case,” added Ryan Fletcher, Ph.D.  “Our goal is always to help our clients protect their rights and freedom to operate, innovate and grow their business.”

About AmesburyTruth
Amesbury, headquartered in Edina, Minn., is a window and door manufacturer with more than a century of expertise and the broadest portfolio of innovative solutions. With more than 2,000 employees and manufacturing plants located across the United States, Canada and Mexico, AmesburyTruth provides components to residential and commercial window and door manufacturers. More than 90 percent of the homes built in North America, in the last 50 years, have incorporated its products in their fenestration solution. Amesbury is the North America division of Tyman PLC, which is headquartered in London.