LOS ANGELES, CA–(Marketwired – Apr 6, 2015) – Channell Commercial Corporation (“Channell” or the “Company”) of Temecula, California, announced that it has filed an amended complaint in its patent infringement lawsuit against PenCell Plastics, Inc. (“PenCell”) of Rocky Mount, North Carolina. The amended complaint adds new claims against PenCell and adds as defendants Hubbell Incorporated (“Hubbell”) of Shelton, Connecticut, and Hubbell Power Systems, Inc. of Columbia, South Carolina. The lawsuit generally relates to Channell’s patented grade level enclosures for underground utility connections.
The original complaint, filed March 11, 2014 in the United States District for the Central District of California (Case No. EDCV 14-00474 TJH (SPx)), alleges that certain of PenCell’s products infringe Channell’s U.S. Patent No. 7,381,888 entitled “Grade Level Enclosures for Underground Utility Connections.” This patent in part relates to Channell’s sidewall structural design for protecting underground closures and cable storage.
The amended complaint adds Hubbell Incorporated, which acquired PenCell in 2014, and Hubbell Power Systems, Inc. as additional named defendants in the lawsuit. The amended complaint also adds a claim for infringement of Channell’s U.S. Patent No. 7,385,137 entitled “Enclosure System for Underground Utility Connection” against all defendants. This patent in part relates to Channell’s split cover with pedestal housing for converting belowground closure installations to aboveground installations, which also enables detachment of the aboveground unit to simplify upgrades and service. A tort claim for intentional interference with Channell’s prospective economic advantage is also asserted against all defendants.
CEO William Channell Jr. notes that the patents at issue in this lawsuit are part of Channell’s core technology: “Channell is committed to protecting its forward-thinking designs from copying by others. We intend to pursue every legal remedy at our disposal to protect our core intellectual property from infringement.”
Channell is represented by Quinn Emanuel Urquhart & Sullivan, LLP and Christie, Parker & Hale, LLP.
Channell is a leading manufacturer of outside plant (OSP) above and below ground closures, boxes, vaults, chambers, and pits. These products are deployed throughout the world in broadband, telecommunications, power, signal and lighting, rail, and gas utility infrastructures. Channell closures protect electronics, duct and pipe systems, as well as wire and cable infrastructures in all types of hostile environments.
Channell Commercial Corporation has been a designer and manufacturer of outside plant closures since 1922. Channell produces a wide variety of thermoplastic and metal fabricated products, as well as a line of copper connectors, fiber optic management systems and closures. The Company is headquartered in Temecula, California with international operations in Canada, Mexico, United Kingdom and Australia. The Company’s website is www.channell.com.
Cautionary Note Regarding Forward Looking Statements
This press release contains forward-looking information concerning the Company’s plans to pursue litigation. These statements address future events and conditions and are subject to risks, uncertainties, and assumptions. If such risks or uncertainties materialize or such assumptions prove incorrect, results could differ from those expressed or implied by these forward-looking statements. Factors that could cause actual results to differ from those indicated in the forward-looking statements include, but are not limited to, the risk that litigation is an inherently complex and uncertain process so it cannot be predicted with accuracy whether the Company will ultimately prevail on its claims or the amount of time and resources that will be necessary to resolve the claims. Forward-looking statements are made as of the date of this press release. Except as required by law, the Company does not undertake an obligation to update its forward-looking statements to reflect future events or circumstances.