RIA Update: An Open Letter to the Industry from RIA President Scott Stamper
RIA president responds to questions, comments from industry regarding recent ThermaPure lawsuit settlement.
As you might have heard, the Restoration Industry Association (RIA) and ThermaPure, Inc. (TP) have successfully settled the patent lawsuit RIA initiated in January 2013. You might also know the Board of Directors undertook the task of challenging TP’s patent with the goal of protecting RIA members from patent infringement claims. This was done at the request of hundreds of RIA members following an impromptu meeting during the 2012 annual convention in Myrtle Beach, SC. The court-mandated settlement conference produced a mediated agreement signed June 25, 2014. Since that time, other board members and I have received questions and comments from the industry. This letter is to provide more information about the settlement and to advise you of additional action your board is taking to ensure current members, and those that join RIA, are protected in the future.
For anyone unfamiliar with ThermaPure’s patents, a court found that restoration contractors may infringe TP’s U.S. patent No. 6,327,812 when utilizing temporary mechanical heating equipment for drying, freeze protecting, or any other purpose, when the results are an increase in the indoor ambient temperature. More than 50 restoration contractors have been subpoenaed or sued by TP. Most, if not all contractors, have provided restorative drying services to their customers without making any specific claims related to killing organisms. Clearly, contractors could not continue to operate without protection from infringement and/or allegations of infringement.