PMC Industries Addresses Allegations from S-5!
Feb 22, 2018, 08:40 ET
PLAINVILLE, Conn., Feb. 22, 2018 /PRNewswire/ -- Industry leader in snow retention products released the following statement today, in response to allegations and pending litigation from another well-known company, S-5!
Most of you are familiar with our extensive line of snow retention products and understand how our product differs from our competitors. However, recently our competitor, S-5!® has been releasing what we consider unfair messages to the marketplace in regards to lawsuits initiated by them against PMC Industries, the parent company of the Ace Clamp® product lines. We would like to use this opportunity, in our commitment to set the record straight, as these lawsuits may take time to finalize.
In 2016, AceClamp® launched Color Snap®, a new product that retains snow on a metal roof while hiding the clamps and equipment by securing a strip of material to the rail and offering a unique ice flag that snaps into place without a screw or bolt. The Color Snap® is now patented being assigned U.S. Patent No. 9850661. Our design approach gained worldwide attention for its innovative SNAP feature, which offers a unique and a very different attachment approach. This SNAP feature is just one of the design differences that make our product a very fast, yet effective solution for installers. The Color Snap-M® product caught so much attention that we were awarded the 1st Place "Best Commercial Product" award at the 2017 International Roofing Expo (IRE Show).
Although our design is significantly different, and absolutely no judgment has been rendered by the court regarding these matters, on October 16, 2017, S-5! decided to issue a press release regarding their patent infringement lawsuit against PMC Industries to customers and attendees of the MetalCon Show in Las Vegas (October 18-20, 2017). As a result of that press release, numerous customers and prospects at MetalCon shared their own concerns, questioning the authenticity of the claims S-5! presented in their press release. We were also informed by several attendees that S-5! had sent a separate e-mail out to its distributors which contained even more material.
Below are excerpts from the memo that S-5! initiated to their distributors and the industry:
S-5! claims and has communicated to its customers recently that the Colorado Federal District Court, in reviewing the case, issued a key decision which S-5 believes will allow them to now seek issuance of a permanent injunction, precluding the further sale of the AceClamp® Color Snap™ System in the United States.
Fact #1: There is no indication that the court would favor in one direction or the another at this time. So, AceClamp® continues to sell its products without issue.
Fact #2: There is nothing enjoining the product in question since a ruling has not been made, moreover, the Color Snap® product is now protected under U.S Patent No. 9850661. Because there has been no final judgment, AceClamp® is entitled to sell its Color Snap® products without issue.
S-5! also alleges that "PMC Industries has been, in their opinion, marketing its products deceptively and competing in our industry unfairly".
Fact #1: PMC Industries works diligently to provide accurate information to its customers and installers, always updating its marketing material and website to have the most recent and relevant information for their customers. We do not condone or use deceptive marketing practices.
S-5! has also communicated to the market that ACE Clamp: "doesn't engage in proper testing of their product".
Fact: All AceClamp® products are load tested at a third-party testing house to ensure our products meet the standards set forth by good engineering practices. Independent certification facilities for UL® (Underwriters Laboratories) and FM® (Factory Mutual) have confirmed PMC's test results in order to issue the certifications we use. All our testing is available to our customers who request it.
We believe we are being wrongfully accused by RHM TECH LLC & Metal Roof Innovations LTD, the manufacturer of S-5!, for patent infringement in Civil Action No. 16-cv-01762. Regarding the newest allegations S-5! has filed in Civil Case 1:17-cv-02459 on our products and activities. PMC Industries strongly denies these allegations and claims and asserts that they have no merit. Our stance is and will continue to be, that we will vigorously defend our position.
We believe that when faced with such allegations, one must stand up and set the record straight, bringing the true facts to light.
PMC Industries is located in Plainville CT. AceClamp® and its Snow Retention family of products is by far a true testament to products "Made in the USA." PMC will continue its trend of releasing innovative products to the market, and we will not let these allegations interrupt delivery of our AceClamp® line of products to our valued customers and distributors.
Media Contact:
Bob Mercier, Director Business Development
860-479-0876
[email protected]
www.aceclamp.com
SOURCE AceClamp by PMC Industries, Inc.