Foley & Lardner LLP secured a noninfringement ruling in a precedential decision at the U.S. Court of Appeals for the Federal Circuit Court on behalf of Fortress Iron LP and Fortress Fence Products LLC (Fortress).
Foley defended Fortress following an August 2021 suit brought in the U.S. District Court for the Northern District of Texas by Barrette Outdoor Living alleging infringement of several patents related to fence assemblies. The patents at issue described internal connectors for fence panels that allowed pickets to pivot relative to rails. The connectors included features described with terms central to the dispute, including “boss,” “projection,” and “nub.”
Foley argued during claim construction at the district court that these terms should be limited in use to fastener-less structures that were integral with the connectors — an argument the district court accepted. Barrette’s infringement theory collapsed under this interpretation as the alleged infringing Fortress products used separate fasteners, rather than integral bosses. The district court handed down a judgment of noninfringement by Fortress.
Barrette appealed the judgment of noninfringement to the Federal Circuit, challenging the lower court’s construction of key patent terms as too narrow. On October 17, 2025, the Federal Circuit affirmed the district court’s construction of the claims as limited to “integral bosses and projections,” upholding the judgment of noninfringement in favor of Fortress. The victory underscores Foley’s strength in complex patent litigation and appellate advocacy.
The Foley intellectual property litigation team was led by partner Paul Storm and of counsel Jake May.