The Development of the Truss Plate, Part IX: The Case of the Century

By Joe Kannapell

Among our industry’s unsung heroes, Walter Moehlenpah takes a close second place behind Cal Jureit. Both built pivotal, pioneering businesses, Jureit through his truss plate and Moehlenpah through his truss machine. Yet Jureit was bound to have the upper hand, as he was the truss plate’s inventor and owner of the patent, and he had already put together a nationwide franchise and had won lawsuits against Bill Black’s truss plate twice. Now Moehlenpah had the audacity to challenge Jureit with a very similar plate, and the outcome of this challenge would change the landscape of the truss industry permanently.

Moehlenpah was as fine a mechanical engineer as Jureit was a structural engineer, but most crucially, he attracted some of the finest talent. One of the first was a McDonnell Aircraft engineer, George Pallme, who designed the most prolific truss machine, the Mono Press, with the skills he had honed working on the most prolific fighter-bomber, the F-4 Phantom. Not long after, Moehlenpah hired William Webster as his attorney, who would later serve as Director of both the FBI and the CIA. Recently, Director Webster recounted his fond memories of working with Moehlenpah in the days before his ascent to the highest ranks in government. But Moehlenpah’s most consequential hire was Stuart Senniger, his patent attorney and ultimate defense counsel. Senniger was a Principal of a St. Louis specialty firm, Senniger, Powers and Leavitt, and was a celebrated patent litigator.

In August 1960, Moehlenpah applied for a patent on a connector similar to the Atkins plate and began marketing it. (For details on the Atkins plate, see The Development of the Truss Plate, Part VIII: Patent Skirmishes.) By May 1961, Jureit became aware of this and brought suit. Because patent law derives from a federal statute, infringement claims are adjudicated in the federal court with jurisdiction over the location of the alleged offense. In the present case, the District Court in the Eastern District of Missouri would hear the case in St. Louis, about 4 miles from Hydro-Air’s headquarters. Coincidentally, a few years later, William Webster would preside over this court.

Jureit was represented by two eminently qualified firms with distinguished principals. His counsel in drafting the patent and litigating it was D.C.-based Robert E. LeBlanc, who was said to be one of the top litigation patent attorneys in the United States. His local counsel was Kingsland et. al., whose senior partner had served as the head of the U.S. Patent Office. Each of these participating attorneys was registered with the U.S. Patent Office as having demonstrated their qualifications to practice patent law, a highly specialized field requiring mastery of Patent Office practice, and usually necessitating both engineering and law degrees. Obviously, these high-level attorneys earned generous retainers, rendering patent work a very expensive business. In turn, the patents often were worth the cost and effort.

The patent on Xerography, for example, enabled Xerox to discourage competitive offerings, facilitated recovery of development costs, and encouraged development of new products. And the first Xerox machines proved themselves in the truss business by lowering the cost of providing multiple sets of drawings and reducing engineering turnaround time. The same could be said about Jureit’s Gang-Nail plate in reducing the cost of building roof trusses and improving delivery times. Both inventions quickly proved themselves, attracting droves of customers. Yet their obvious success, and the high prices they commanded, also made them worth challenging.

The challenge mounted by Moehlenpah could make or break his business, and it was gutsy, selling a plate that was very similar to one that had been twice forced off the market. Likewise, the defense mounted by Jureit was crucial in assuring that he would continue to harvest the fruits of his invention and forestall pricebusting competition. With all that was at stake, and the legal horsepower lined up on opposing sides, this trial would prove to be the case of the century for the truss business.

Senniger put together a formidable two-pronged attack on the validity of Jureit’s patent. First, Senniger used a courtroom demonstration acted out by his expert witness, Washington University’s Dean of Engineering, that proved the Hydro-Air tooth was stronger than the Gang-Nail tooth. Second, he found a British patent from 1893 and a French patent from 1947 that constituted “prior art,” which in the words of the judge:

“… it certainly does not take inventive genius to make joints with plates differing from the French connector plates only in that the Jureit plates have nails struck out from the plate instead of being welded to the plate.”

Accomplishing what the verdicts in the previous lawsuits had not, this decision effectively invalidated the Jureit patent and allowed Moehlenpah to continue unimpeded. Although Jureit appealed the decision, the appellate court found no reason to overturn it. From this point forward, the connector plate industry was “open for business.”

Next Month: The Housing Market Takes Off

Since 1970, Joe Kannapell has worked as programmer, Chief Engineer, Marketing Manager, and Sales VP for MiTek, plus 7 years at truss plants, retiring at the end of 2020.

Maximize production with integrated off-site technologies

Increase the productivity of your component manufacturing operation with the latest off-site solutions and prefabrication technology. From software that manages many aspects of your business to machinery that maximizes your output, MiTek is committed to the growth of your business and the industry. Together, we’re unlocking the power of off-site construction. Together, we are innovating to meet the needs of an evolving market.

Are you ready to maximize productivity of your operation? Talk to a MiTek Representative to get started.

MII.COM/CM

Used Razer S5 Linear Saw

S5 Razer saw modules configured for either left-to-right cutting and/or “Z” shaped layout. AIT auto infeed tables. Vekta user interface software complete with the full version of the optimization algorithms. Stack cutting and side by side cutting

Contact for Pricing

Eide Integrated Systems, LLC 612-521-9193 www.eidemachinery.com

Safety Speed Manufacturing Model

7400 XL Panel Saw

Safety Speed Manufacturing, model 7400 XL*, vertical panel saw, 3 HP induction motor, 64 inch crosscut, 2 1/8" maximum thickness, accuracy within 0.005 inches, 13 foot long welded steel frame with integrated stand and linear V-guides, enclosed counterweight system, adjustable vertical and horizontal rules. Quick changes from vertical to horizontal cutting. Includes machined aluminum material rollers, hold down bar, wheels, quick stop gauges and material hold downs. Dust collection ready. Options available include digital readouts for vertical cuts, automated length measuring, laser guide, stop bar, vacuum and midway fence. 208-230/460 volt, 3 phase electrical (208-230 single phase, 2 HP power optional +$100.00).

$13,149 Base, FOB MN. Wood Tech Systems 765-751-9990 www.woodtechsystems.com

HSF Hain Systems Framer

Electrical Supply: 110 VAC

Motor: 1/4 HP, 110 VAC, Linear Actuator

Highly Accurate: +/- .010 Inches

Stop Rail: 2 x 4 x 1/4 Aluminum Extrusion

The Hain Systems Framer (HSF) will help you build square and accurate wall panels for residential or commercial construction applications. It will help you cut building costs by saving time and improving your quality. It’s a reliable, efficient and proven system that features a ruggedly simple design. The HSF is based on a proven design with over 20 years of actual production use and maintenance experience. It comes fully assembled and is designed for portable job site framing or in-plant permanent installation. The table has many optional attachments and will support Mylar Tape wall layout or any other type of layout. The optional gun rails can also be retro-fit to any table.

Stops: Jig Bored Steel

Stop Blocks: Machine Billet Aluminum

Details:

Internal Components: Hardened, Ground and Polished Steel and Billet Aluminum

Dimensions:

Length: 5 feet (60”) to 60 feet (720”)

Table Construction: Thick-wall Structural Steel Tubing, Jig Welded for Accuracy

Height: 12 inches

Depth: 12 inches

Air Supply: 90 psi (10 CFM Air Flow Recommended)

Electrical Supply: 120 VAC

Powder Coat: Industrial Gray

Dimensions: Height: 43”

Length: 16’ or 20’

Width: Adjustable 8’ to 10’ or 8’ to 12’

Shipping Weight: 3000 lbs theHAINCOMPANY

If you are looking for the fastest, most consistent way to measure and cut your product, then the Hain Measuring System (MEA) is your answer. The MEA changes from one length t any length instantly, up to 60’, without changing the operator’s position on the line. It is also highly accurate (+/- .010) and quickly moves from one length to the next in seconds. The MEA is designed for quick and easy setup and is simple to use. Even a first time user will be productive with little or no training required. It can adapt to any saw and can be mounted to any surface so that you can integrate the MEA with your existing setup. The MEA is versatile allowing “left” or “right” handed operation and measurement in “feet and inches” or “inches” depending on your preference. The MEA is also available in a “Skid Mounted” version.

6125 Enterprise Drive, Unit 9 | Diamond Springs, CA 95619 530.295.8068 | sales@thehaincompany.com

Design and build faster than ever. Learn

From plans, to walls, to panels, and everything above. Introducing a new level of design tools, built from the ground up.

Equipment Wanted!

Saws

• Automated Component & Linear Saws (2010 & Newer)

• Monet DeSauw or TimberMill

Manual Component Saws

• Floor Web Saws

• Spida (Apollo) Saws with Truss Automation

• Bunk Cutters

Truss Equipment

• Roller Gantry & Hydraulic Press Systems

• Finish Rollers

• Truss Stackers

• Floor Truss Machines

• Lumber Splicers

• Jack Tables

• C-Clamp Presses

Trucks & Trailers

• Stretch Roll-Off Trailers

• Go oseneck Roll-Off Trailers

Modular Equipment

• Pacific Automation or MiTek Mobile Home Press

Contact Wasserman & Associates for a Fair Market Value Assessment of your Used Equipment Operational, Needs Work, and Parts Only equipment will be considered!

800-382-0329 | www.wasserman-associates.com

Terminailer XP

Price: $224,000

FOB: MN

Don’t just do it, nail it. It’s a brand new day in wall-panel production, with a whole new way of doing things better.

Terminailer®, a revolutionary, event-driven, nailing machine that completely defies any preconceived notions about sub-component assembly.

1988 Clary Master 5-Blade Component Saw

1988 Clary Master, 5-blade component saw, rebuilt by seller in 2013. Cuts dimensional lumber from 1′-6″ at 90/90, to 20 ft lengths, 2×2″ through 2×12″. Includes analog displays for angles and length, powered angulation and length, shaker pan undersaw waste conveyor, (1) 32″ blade, (1) 22″ blade & (2) 18″ blades & (1) 16″ blade. Cuts 4-angle floor webs at 3′-0″ minimum. In working order when decommissioned in October of 2022. Includes belt incline, schematic drawing and all available spare blades. 480 volt, 3 phase electrical required.

$8,497 FOB ID

Wood Tech Systems

765-751-9990 www.woodtechsystems.com

Whirlwind Model 1000 Cut-Off Saw

• 5 HP Motor with 14" Blade

• 2 3/16" x 8 1/4" Capacity

• Pneumatic Blade Guard/Lumber Clamp

• Foot Pedal Control

• Dust Collection Outlet

• 460 Volt / 3 Phase

• 1 Left Hand & 1 Right Hand Model

Available $3,500 Each FOB NC

Wasserman & Associates 800-382-0329 www.wasserman-associates.com

Terminailer all but shatters the stereotypical myth that subcomponent equipment is essentially peripheral – unimportant. And it does so by quickly and accurately driving far more framing nails in your wall panel jobs than ever before. Whether in your shop or in the field, one operator sets the pace for production and quality. And that reduces labor costs and other aspects of overhead.

Terminailer is an event-driven, sub-component assembler that will quickly and accurately drive 30% to 70% of the framing nails in any wall panel job. In your shop or in the field, one operator sets the pace for production and quality. The Terminailer functions independent of design software, requires zero set-up time when switching between any configuration, and requires no special operator training.

The Terminailer is easy to move around the shop so it’s location can evolve as your shop evolves. With all of the nailing occurring in the closed main chamber, nail injuries and nail location miss-fires are eliminated, making your plant that much safer.

With nearly ten years of development from people that know machinery it is assembled to exacting standards, well supported, and it is easily maintained with shelf-item parts. Terminailer: vetted, tested, and ready to drive maximum productivity for you. Be sure to check out our videos below for a quick review of this revolutionary machine!