Latest Denis Cimaf News
Apr 23, 2019
Ohio court rules in favor of DENIS CIMAF The company sued Fecon Inc. in December 2017, alleging it infringed on DENIS CIMAF’s patent. Morbark LLC of Winn, Michigan, and its wholly-owned subsidiary, DENIS CIMAF Inc . of Roxton Falls, Québec, have announced that the U.S. District Court for the Southern District of Ohio has ruled in DENIS CIMAF’s favor. The court issued an order on claim construction in the company’s favor in the matter of DENIS CIMAF Inc. v. Fecon Inc. DENIS CIMAF, prior to its 2018 acquisition by Morbark LLC, filed this litigation in December 2017, alleging that Fecon Inc.’s brush cutting heads and protective guards infringe DENIS CIMAF’s U.S. Patent No. 6,764,035. The parties disputed the meaning of four claim terms, and after submitting briefs in support of their proposed claim constructions, the court held a claim construction hearing on March 19, 2019. The order issued by the court adopts DENIS CIMAF’s positions on all four of the disputed claim terms, finding that no construction is needed for three of the terms and adopting DENIS CIMAF’s proposed construction for the fourth term as consistent with the plain and ordinary meaning of the claim language. “DENIS CIMAF Inc.’s founder, Laurent Denis, was a pioneer in the unique design of the cutting head technology outlined in the patent and used to protect and extend the life of the cutting tool,” notes David A. Herr, the CEO of Morbark, in a news release. “It was this entrepreneurial spirit, innovation and pride in its industry-leading products that attracted us to DENIS CIMAF, and we will continue this action against Fecon Inc., as well as aggressively pursue all other offending parties to protect our intellectual property.” Morbark has been manufacturing equipment for more than 60 years. The company and its affiliate brands, Rayco, DENIS CIMAF and Boxer Equipment, produce a full line of brush chippers, stump cutters, mini skid steers, forestry mulchers, aerial trimmers, whole tree and biomass chippers, flails, horizontal and tub grinders, sawmill equipment, material handling systems and mulcher head attachments for excavators, backhoes and skid steers. Epiroc announced it has appointed Jon Torpy as general manager and president of Epiroc USA LLC effective May 1. Torpy brings 15 years of leadership experience with Stockholm-based Epiroc and predecessor Atlas Copco, and 20 years of overall industry experience. In his new role, Torpy will lead the U.S. customer center of Epiroc, which supplies drill rigs, rock excavation and construction equipment and tools. The company also provides service and technology solutions for automation and interoperability. According to the company, Torpy was a leader in advancing the Epiroc autonomous drill program during his tenure as vice president of marketing for Epiroc’s drilling solutions division. “Jon’s strategic mindset and outstanding industry track record make him well suited to deliver on our Epiroc vision of becoming and remaining the customer’s first choice in the United States,” Jose Sanchez, president of the Epiroc Drilling Solutions division, says. Torpy joined Ingersoll-Rand Drilling Solutions in 1999 as an application engineer. After the acquisition of the Drilling Solutions division by Atlas Copco, now Epiroc, Torpy became regional manager, Latin America and Canada. He then held positions as district manager at the U.S Customer Center in Denver and business line manager, drilling solutions before moving into his most recent vice president of marketing role with Drilling Solutions in Garland, Texas. Since growing up in a copper mining camp in Cuajone, Peru, Torpy has spent most of his life as part of the mining community. In 1999, he graduated from Montana Tech with a bachelor’s degree in mining and mineral engineering. He also graduated from the TIO International Executive Program at the Stockholm School of Economics. “I’m excited to work with our committed people to be the strongest partner for our U.S. customers,” Torpy says. “By staying true to our core values of innovation, commitment and collaboration, we will provide customers with the performance they need to succeed today and the technology to lead in the future.” A recently released analysis by the Associated General Contractors of America found 38 states added construction jobs between March 2018 and March 2019, while construction employment increased in 29 states between February and March, according to data from the U.S. Department of Labor . Association officials say the widespread gains show demand for workers remains strong and urge federal officials to enact immigration reforms to boost the supply of qualified workers. “Although construction has added jobs in many states at a higher rate than the private sector as a whole in the past year, the record number of job openings at the end of February shows contractors would add even more workers if they could,” says Ken Simonson, AGC’s chief economist, in a news release. “There is no sign of a let-up in the demand for construction workers.” Texas added the most construction jobs over the year (28,300 jobs, 3.9 percent), followed by California (24,500 jobs, 2.9 percent), Florida (24,100 jobs, 4.5 percent), Arizona (16,800 jobs, 10.8 percent) and West Virginia (15,800 jobs, 44.6 percent). West Virginia added the highest percentage of construction jobs over 12 months, followed by Nevada (14.2 percent, 12,400 jobs), Wyoming (11.6 percent, 2,300 jobs), Alaska (10.9 percent, 1,700 jobs) and Arizona. Construction employment reached a record high in five states: New York, Oregon, Texas, Utah and Washington. Eleven states and the District of Columbia shed construction jobs over the latest 12 months, while construction employment was unchanged in Nebraska. The largest job loss took place in Louisiana (-7,900 jobs, -5.2 percent), followed by Illinois (-4,700 jobs, -2.1 percent), South Carolina (-4,400 jobs, -4.2 percent) and Missouri (-4,300 jobs, -3.5 percent). Vermont had the steepest percentage loss of construction jobs over the 12-month span (-7.8 percent, -1,200 jobs), followed by Maine (-6.7 percent, -2,000 jobs), Louisiana, the District of Columbia (-5.9 percent, -800 jobs), South Carolina and Missouri. Among the 29 states with one-month construction job gains between February and March, Washington added the largest number and percentage (14,800 jobs, 6.6 percent). Other states adding large numbers of construction employees included California (9,400 jobs, 1.1 percent), Texas (5,100 jobs, 0.7 percent), Florida (3,800 jobs, 1.1 percent), Minnesota (2,800 jobs, 2.2 percent) and New York (2,700 jobs, 0.7 percent). Minnesota added the second-highest percentage of construction jobs for the month, followed by Nevada (2.1 percent, 2,100 jobs) and Arkansas (2.1 percent, 1,100 jobs). Construction employment decreased from February to March in 18 states and D.C. and was unchanged in Maine, Montana and New Hampshire. Pennsylvania lost the most construction jobs for the month (-1,800 jobs, -0.7 percent), followed by Illinois (-1,600 jobs, -0.7 percent), Kentucky (-1,200 jobs, -1.5 percent) and Nebraska (-1,100 jobs, -2 percent). Vermont had the largest percentage loss (-2.1 percent, -300 jobs), followed by Nebraska, D.C. (-1.9 percent, 300 jobs) and Kentucky. Association officials say the record number of job openings in construction indicates the urgency of putting in place a way for contractors to bring qualified guest workers into the country, coupled with strict safeguards for American jobs and reduced incentives for individuals to enter the country illegally. They are calling on Congress and the president to enact legislation such as the recently introduced Workforce for an Expanding Economy Act. “Contractors are struggling to find enough qualified workers to hire in order to keep pace with the ongoing demand for construction,” says Stephen E. Sandherr, the association’s chief executive officer. “Allowing employers to bring in guest workers for positions that can’t be filled otherwise will help keep the economy expanding.” View the state employment data by rank and state , as well as the state employment map , on AGC’s website. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited framing contractor Navy Contractors Inc. for willfully exposing employees to fall hazards at residential construction sites in Royersford, Collegeville, and Center Valley, Pennsylvania. The company, based in North Arlington, New Jersey, faces $603,850 in penalties. OSHA initiated inspections at the three jobsites after inspectors saw employees performing framing work without fall protection. OSHA cited the company for failing to provide fall protection equipment and training, improper use of ladders, deficiencies in walking/working surfaces and inadequate fire protection. At the Royersford site, Navy Contractors Inc. operated as a subcontractor under the supervision of a controlling general contractor, the New York City-based Blue Lion Ventures Inc., which was doing business as Storm Guard of Ches-Mont Inc. in Pottstown, Pennsylvania. OSHA also cited the general contractor for failing to provide fall protection. OSHA previously inspected Navy Contractors Inc.’s worksites and determined in two of the inspections that the company willfully disregarded their obligation to provide fall protection. “Knowingly and repeatedly ignoring fall protection requirements places workers at risk for serious or fatal injuries,” says Jean Kulp, the Allentown, Pennsylvania area director for OSHA, in a news release. “All construction employers, regardless of their contracting status, are legally required to comply with regulations to protect workers’ safety and health.” The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Commission . The U.S. Environmental Protection Agency (EPA) has issued a broad new rule that strengthens the agency’s ability to rigorously review an expansive list of asbestos products that are no longer on the market before they could be sold again in the U.S. The EPA says this closes a 30-year-old loophole that allowed old asbestos uses and products to come back to the market without any reviews or restrictions from EPA. This broad new rule will give EPA the authority to prohibit the use of certain products or put in place restrictions to protect public health. This action does not alter the prohibitions made in a 1989 partial ban. “Prior to this new rule, EPA did not have the ability to prevent or restrict certain asbestos products from being reintroduced into the market,” says EPA Administrator Andrew Wheeler in a news release. “This new rule, combined with our ongoing risk evaluations, gives us unprecedented authorities to protect public health from domestic and imported asbestos products and gives us the ability to prohibit asbestos products from entering or reentering the market.” “Today, we are following the laws Congress gave us to close the door on certain asbestos products to prevent them from returning to the marketplace without EPA’s review,” says Alexandra Dapolito Dunn, the EPA office of chemical safety and pollution prevention assistant administrator. “This historic step will add to the protections already in place to prevent the American public from experiencing the adverse health effects of asbestos.” The new rule means products like asbestos vinyl floor tiles, insulation and other building materials, as well as some clothing and manufacturing products containing asbestos, cannot be imported, produced or sold in the U.S. before EPA reviews them and puts in place any necessary restrictions, including prohibiting such use. The EPA says these actions complement its ongoing risk evaluation of a handful of very limited, still ongoing uses in the U.S., which EPA is taking under the Frank R. Lautenberg Chemical Safety for the 21st Safety Act, which amends the Toxic Substances Control Act (TSCA). EPA says addressing limited, ongoing uses of asbestos is one of its top priorities. The agency is reviewing ongoing uses of asbestos as one of the first 10 chemicals selected for risk evaluation under the amended TSCA. The evaluation of the risks associated with ongoing uses of asbestos is required under TSCA section 6. If EPA finds unreasonable risk, the agency will take prompt action to address those risks, which could include restricting or banning other asbestos uses in products. The risk evaluation and subsequent steps will ensure that asbestos uses in products not covered by the 1989 partial ban or today’s final rule are evaluated. EPA says it is committed to a transparent and open process to finalize the asbestos risk evaluation using sound science on the timetable established by Congress. A list of items included in the EPA’s risk evaluation can be seen here . This final action takes effect 60 days after publication in the Federal Register. The final rule and supporting documents will be published in the Federal Register and available under docket identification number (ID) EPA-HQ-OPPT-2018-0159 at https://www.regulations.gov. Learn more about asbestos at http://www.epa.gov/asbestos .