On the same day it received its patent for its Shur-Align products from the U.S. Patent Office - December 23, 2003 - Modern Products Industries filed suit against CertainTeed Corp. and one of its distributors, Preferred Pump & Equipment LP, on infringement charges. Modern Products alleges that the Kwik-Set product manufactured by CertainTeed and disseminated through its distribution network is a patent infringement.
Modern Products is a small, family-owned pipe manufacturing company with one plant located in Beeville, Texas, while CertainTeed Corp. is a large, French-owned manufacturer of building materials with plants worldwide. Morris Haney, co-inventor of the patented product and general manager of the company, considers it “truly a David and Goliath lawsuit.”