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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND TATE ACCESS FLOORS, et al. * * * * * * * *

v.

CIVIL NO. JFM-00-2543

INTERFACE ARCHITECTURAL RESOURCES, INC.

OPINION

Tate Access Floors, Inc., and Tate Access Floors Leasing, Inc. [collectively "Tate"], move for a preliminary injunction against Interface Architectural Resources, Inc. ["Interface"], for infringement of claims 1-4 and 8-10 of U.S. Patent No. 4,625,491, a patent on a design for an access floor panel. Tate has previously successfully asserted rights under the same patent against a different defendant before this Court and the Federal Circuit. Tate Access Floors, Inc. v. Maxcess Techs., 222 F.3d 958 (Fed. Cir. 2000) [Maxcess]. I heard oral argument on the pending motion on January 10, 2001. A preliminary injunction will be granted.

I. "Elevated floors, also known as `access floors,' typically include an array of square floor panels that are supported at their corners by pedestals, thus providing a space underneath the floor through which wires and other equipment may be routed." Maxcess, 222 F.3d at 961. Individual panels can be removed for access to equipment between the access floor panels and the

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sub-flooring. Access to wiring and other skeletal parts of a building tends to be easier and less expensive through access floor panels than through walls or ceilings. Access floor panels can be covered with carpet or any other type of flooring. The top parts of access floor panels are mounted on steel frames, the construction and design of which are irrelevant to the patent at issue, except for the point that in the past some frames were made partly of wood, requiring fire-retardant treatment. The top parts of access floor panels are commonly made of high pressure laminate, or HPL ["laminate"]. Laminate is made of multiple layers of kraft paper, with a top decorative layer and a transparent layer over that, all forced together under high pressure with resin. See, e.g., Opp'n Ex. 1 at col.3 ll.18-44. Laminate is used in many applications other than access floor panels. Frank Gibson applied for the patent Tate now holds on January 13, 1986. At that time (and as of Gibson's invention date of December 21, 1983), the desirability of cutting the edges of laminate at an angle, to prevent splintering, chipping, and damage from sharp perpendicular edges, was taught in textbooks, without specific reference to access floor panels. Opp'n Exs. 25B, 26, 28, 30B at WPL-8, 30C at 117. In addition, as of 1981 the standards of the National Electrical Manufacturers Association ["NEMA"] instructed the worker to "[c]hamfer all exposed edges of decorative laminates by filing to prevent possible damage by chipping." Opp'n Ex. 30E at 14. The standard access floor panels that were sold at the time of filing, in a style that is still on the market, have different designs, but commonly have an attached trim around their edges. See, e.g., Opp'n Ex. 18 at IP0000183 (showing early floor panel with "edge trim"). The trim is a separate piece of material. It prevents chipping and unattractive marks at the edges of panels, but has several drawbacks. It raises the costs and time of production and installation. Because the -2-

trim has to be a separate piece, there is a limit on how thin it can be, limiting the aesthetic potential for a thin border. When such panels are in place in a floor, the attached trim has grooves that tend to collect water and dirt, and the trim may break or come loose, creating maintenance problems. Finally, the dimensions of the panel can be more accurate when a separate trim is omitted. Opp'n Ex. 1 at col.2 ll.4-21, col.2 l.64 - col.3 l.17. Well before the dates of invention and filing, companies including both Tate and Westinghouse, a predecessor of Interface, sold panels with laminate tops. Opp'n Ex. 30 at

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Maryland Law