Summary judgment of non-infringement granted
LP Matthews, L.L.C. v. Bath & Body Works, Inc. et al., No. 04-1507-SLR, Oct. 19, 2006.
Robinson, J. Plaintiff’s summary judgment motion based on infringement is denied. Defendants’ non-infringement motions are granted. The patent-in-suit relates to cleaning compositions with orange oil. Plaintiff based its infringement claim against defendant Bath & Body Works on the orange oil content of its accused products. The court construed the orange oil limitation narrowly to require at least 5% by volume of the non-water soluble liquid derived from an orange. Because the highest volume of orange oil in any of the accused products is smaller than the minimum required by the patent as construed by the court, there is no literal infringement. The court rejected the expert opinion of Dr. Christopher Rhodes that orange oil can perform cleaning at levels of .01% or lower as inconsistent with the teaching of the ‘485 patent, and found no infringement under the doctrine of equivalents. The court granted defendants’ motions for summary judgment on non-infringement.
Robinson, J. Plaintiff’s summary judgment motion based on infringement is denied. Defendants’ non-infringement motions are granted. The patent-in-suit relates to cleaning compositions with orange oil. Plaintiff based its infringement claim against defendant Bath & Body Works on the orange oil content of its accused products. The court construed the orange oil limitation narrowly to require at least 5% by volume of the non-water soluble liquid derived from an orange. Because the highest volume of orange oil in any of the accused products is smaller than the minimum required by the patent as construed by the court, there is no literal infringement. The court rejected the expert opinion of Dr. Christopher Rhodes that orange oil can perform cleaning at levels of .01% or lower as inconsistent with the teaching of the ‘485 patent, and found no infringement under the doctrine of equivalents. The court granted defendants’ motions for summary judgment on non-infringement.
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