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."
"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."
Read at IPWatchdog.com | Patents & Intellectual Property Law
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