"SC Johnson's primary noninfringement argument was that its products do not include a "spout." Before the district court, both Zip Top and SC Johnson agreed that the spout claim element should be construed as a "distinct feature that directs liquid from and facilitates the pouring of fluid from a container." The dispute on appeal arose from an additional limitation the district court imposed, finding that "the zipper members are not the spout or part of it; rather, the spout is a separate feature.""
"The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed a district court's summary judgment of non-infringement in favor of SC Johnson & Son Incorporated in a case brought by Zip Top, Inc. The decision centered on the interpretation of a key term in a patent claim for reusable silicone containers. Zip Top appealed a decision from the United States District Court for the Northern District of Illinois that granted summary judgment of non-infringement to SC Johnson."
CAFC affirmed summary judgment of noninfringement for SC Johnson in a dispute over a patent for molded silicone containers. The accused products are reusable silicone containers with a zipper mechanism bonded at the ends. The parties agreed that the claimed "spout" is a "distinct feature that directs liquid from and facilitates the pouring of fluid from a container." The district court concluded the zipper members are not part of the spout. Zip Top argued that conclusion improperly imposed a negative limitation and cited patent Figures showing zipper members can "cross over" and form a spout. The CAFC reiterated that "it is the claims, not the preferred embodiments, that define the metes and bounds of the patentee's invention."
Read at IPWatchdog.com | Patents & Intellectual Property Law
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