CEMCO, LLC v. KPSI Innovations Inc. — Fed. Cir. (Oct 5, 2026)
The Federal Circuit hears CEMCO versus KPSI Innovations, a dispute over patents for fire-blocking building products. The inventor, James Klein, transferred those patents to CEMCO to settle earlier litigation. Other settlements restricted his right to sell products covered by the patents, while another company, ClarkDietrich, became the exclusive licensee. Klein and his family continued in the business through KPSI. CEMCO sued KPSI, Klein, his wife Serina, and their son Kevin for inducing patent infringement and for fraudulent asset transfers. After discovery sanctions, the district court barred their patent-invalidity defenses and entered judgment for CEMCO. The three Kleins appeal, but KPSI itself is not an appellant. The argument centers on whether CEMCO retained the right to sue after its licensing deal, and whether Kevin can challenge patents his father assigned. Section 281 of the Patent Act authorizes a patent holder to sue for infringement; the dispute is who retains the relevant rights. Joseph Levy will argue for dismissing the lawsuit, or letting Kevin raise an invalidity defense.
CEMCO, LLC v. KPSI Innovations Inc. (No. 25-1623) — U.S. Court of Appeals for the Federal Circuit, argued October 5, 2026.
- 0:00Introduction
- 12:39Assignor estoppel and privity
- 18:03Advocate — Joseph Trojan