Durasystems Barriers v. Jeremias: Fire-Rated Duct Patents Consolidated
Durasystems Barriers, Inc. brought a patent infringement action against Jeremias, Inc. in Illinois Central District Court, asserting two patents covering fire-rated modular duct assemblies against the Jeremias Model DWGD-RZ product line. After nearly four years of litigation, the case was consolidated with a related earlier action, 19-cv-1388, and terminated as a standalone docket.
Fire-rated duct IP dispute merged into earlier Illinois action
Durasystems Barriers, Inc. filed this patent infringement action on March 25, 2020, in the Illinois Central District Court before Chief Judge Sara Darrow, asserting US10024569B2 and US9976768B2 against Jeremias, Inc. The accused product is the Jeremias Model DWGD-RZ fire-rated modular duct assembly and similar products. Durasystems was represented by Workman Nydegger PC, while Jeremias retained ASG LAW LLC.
On February 20, 2024, Chief Judge Darrow entered a text order directing the Clerk to terminate this case, citing a prior consolidation order dated April 16, 2020, which had already merged this matter with the related case 19-cv-1388 for all purposes. The order clarified that all filings were to be made exclusively in the lead docket, rendering this case number administratively closed. Consolidation does not resolve the underlying infringement claims — those continue under the lead case number.
The consolidation with 19-cv-1388 — filed in 2019 — suggests Durasystems had already initiated related or parallel proceedings against Jeremias before this action was filed. The fact that this docket ran for nearly four years before formal termination suggests the consolidation order may not have been promptly actioned administratively. The substantive merits, claim scope, and any rulings on infringement or validity remain matters of the lead case, which is not fully visible from this record alone.
Filing to filing in 1428 days
Days from filing to consolidation and termination of this docket
Full party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Durasystems Barriers, Inc. | Company | Fire barrier systems manufacturer — holder of US10024569B2 and US9976768B2Search in Eureka ↗ |
| Defendant | Jeremias, Inc. | Company | Manufacturer of fire-rated modular duct systems including the DWGD-RZ product lineSearch in Eureka ↗ |
| Plaintiff counsel | Brian N Platt | Attorney | Counsel for Durasystems Barriers, Inc.Search in Eureka ↗ |
| Defendant counsel | Arthur Martin Scheller , III | Attorney | Counsel for Jeremias, Inc.Search in Eureka ↗ |
| Presiding judge | Judge Sara Darrow | Chief Judge | Illinois Central District Court — Chief JudgeSearch in Eureka ↗ |
Stipulation of dismissal — official text
The February 20, 2024 text order is purely administrative in nature. Chief Judge Darrow directed the Clerk to terminate this docket solely because a consolidation order — entered as far back as April 16, 2020 — had already merged this action with lead case 19-cv-1388. No judgment on infringement, validity, or damages was entered. For both parties, this order changes nothing substantively: the patent claims against the Jeremias DWGD-RZ product line remain live and must be tracked through the lead docket.
US10024569B2 & US9976768B2 — Fire-Rated Modular Duct Technology
US10024569B2 (application number US14/051016) and US9976768B2 (application number US15/406150) both relate to fire-rated modular duct assemblies — engineered systems designed to contain or restrict the spread of fire and smoke through building ductwork. This technology sits within the broader domain of passive fire protection, a sector governed by stringent building codes and fire-safety standards. The two patents likely represent successive or overlapping innovations in the same product family, suggesting Durasystems pursued a continuation or divisional prosecution strategy to maximise claim coverage.
In the fire-rated building systems market, patent protection over duct assembly configurations can be commercially decisive: product approvals, specification listings, and building-code compliance testing are costly, meaning a patented design that clears those hurdles enjoys a significant competitive moat. Durasystems asserting both patents against the Jeremias DWGD-RZ product suggests the patents cover features that Jeremias could not easily design around without losing product certification or performance characteristics. Competitors in the modular duct and passive fire protection space should treat these patents as enforcement-active assets.
Should you run an FTO against US10024569B2 and US9976768B2?
Any manufacturer, distributor, or OEM partner supplying fire-rated modular duct assemblies — particularly products that compete with or substitute for the Jeremias DWGD-RZ — should treat these two patents as live infringement risks. The multi-year enforcement campaign by Durasystems, backed by specialist IP counsel, signals a patent holder willing to litigate. R&D teams developing next-generation fire-barrier duct configurations should conduct freedom-to-operate analysis before committing to product architecture decisions.
PatSnap Eureka’s FTO Search Agent can map the independent and dependent claims of US10024569B2 and US9976768B2 against your product specifications, flagging overlap risk and identifying design-around prior art in the passive fire protection space. Claim monitoring alerts will notify your team if either patent is amended, reexamined, or newly asserted — giving you early warning before litigation exposure crystallises.
Run a freedom-to-operate analysis on US10024569B2 to assess your product’s exposure
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What this case signals for the fire-rated duct IP landscape
Durasystems’ multi-case approach against Jeremias suggests a deliberate enforcement strategy in the fire-rated duct systems sector.
Two-patent assertion strengthens leverage in fire-barrier duct disputes
Asserting both US10024569B2 and US9976768B2 signals that Durasystems built layered patent coverage around its fire-rated duct technology. Multi-patent assertions typically increase settlement pressure and complicate invalidity defences, since a defendant must successfully challenge every asserted patent to avoid liability.
Consolidation tactics can extend effective litigation timelines
Filing a second action and consolidating it with an earlier case is a recognised strategy for re-energising stalled litigation or expanding claim scope. Companies in the HVAC and fire-barrier space should monitor both dockets when tracking this dispute — administrative termination of one case number does not signal resolution.
Durasystems v Jeremias — key questions answered
The case was not dismissed. On February 20, 2024, Chief Judge Sara Darrow entered a text order terminating this docket number because the case had been consolidated with related case 19-cv-1388 since April 2020. The patent infringement claims against Jeremias over the DWGD-RZ product line remain active in the lead case.
Durasystems asserted US10024569B2 (application US14/051016) and US9976768B2 (application US15/406150), both covering fire-rated modular duct assemblies. The accused products are the Jeremias Model DWGD-RZ fire-rated modular duct assemblies and similar products.
Consolidation under FRCP 42(a) merged this 2020 action with the earlier 2019 case for all purposes. All filings, motions, and court orders are made exclusively in docket 19-cv-1388. The termination of 4:20-cv-04069 is administrative only — infringement, validity, and damages questions remain live in the lead case.
Durasystems Barriers was represented by Workman Nydegger PC, with attorney Brian N. Platt named in the record. Jeremias, Inc. was represented by ASG LAW LLC, with attorney Arthur Martin Scheller III. The case was heard by Chief Judge Sara Darrow in the Illinois Central District Court.
The Jeremias Model DWGD-RZ is a fire-rated modular duct assembly product. Durasystems alleged that it and similar products infringe the claims of US10024569B2 and US9976768B2. The specific claim elements at issue are not publicly detailed in this docket’s record and would need to be examined in lead case 19-cv-1388.
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