Maytag Corp. v. Electrolux Home Products, Inc.
Decision Date | 19 January 2006 |
Docket Number | No. C 04-4067-MWB.,C 04-4067-MWB. |
Parties | MAYTAG CORPORATION, Plaintiff, v. ELECTROLUX HOME PRODUCTS, INC., d/b/a Frigidaire, Defendant. |
Court | U.S. District Court — Northern District of Iowa |
Edmund J. Sease, Jeffrey D. Harty, R. Scott Johnson, McKee, Voorhees & Sease, PLC, Des Moines, IA, for Plaintiff.
Cherri T. Gregg, David M. Maxwell, Douglas L. Bridges, Frank G. Smith, John D. Haynes, Alston & Bird, LLP, Atlanta, GA, Richard J. Sapp, Nyemaster Goode Voigts West Hansell & O'Brien, PC, Des Moines, IA, for Defendant.
This patent infringement action, which involves patents for plastic washing machine baskets and the process for making them, comes before the court for construction of disputed patent claim terms, i.e., for a ruling after a so-called "Markman hearing." See Markman v. Westview Instruments, Inc., 52 F.3d 967 (Fed.Cir.1995) (en banc), aff'd, 517 U.S. 370, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996). Among the issues that the court must decide is whether it should construe only the seven patent claim terms that the plaintiff contends are in dispute in relation to its infringement claims or the nineteen terms identified by the defendant as in dispute and material to either the plaintiff's infringement claims or the defendant's invalidity defenses. A further issue is the extent to which any construction is required for claims that are to be given their "ordinary meaning."
As has been the case in nearly all of the patent litigation that has come before this court, these and the other pertinent issues are both hotly contested and ably argued by both sides, even where particular disputes seem, at first blush, to be merely nit-picky, if not downright implausible. In this context, one of the parties cited this apt excerpt from a remarkably wise children's story:
"When I use a word," Humpty Dumpty said, in rather a scornful tone, "it means just what I choose it to mean — neither more nor less."
"The question is," said Alice, "whether you can make words mean so many different things."
"The question is," said Humpty Dumpty, "which is to be master — that's all."
LEWIS CARROLL, ALICE'S ADVENTURES IN WONDERLAND AND THROUGH THE LOOKING GLASS 219 (George Stade ed., 2004) (1871) (emphasis in the original). The irony in this case is that it is not altogether clear to the court just who is being Humpty Dumpty.
A. Procedural Background
Plaintiff Maytag Corporation (Maytag), a Delaware Corporation with its principal place of business in Newton, Iowa, filed this patent infringement action on July 23, 2004, against defendant Electrolux Home Products, Inc., doing business as Frigidaire (Electrolux), a Delaware corporation licensed to do business and doing business in Iowa and elsewhere, with its principal place of business in Cleveland, Ohio, but with manufacturing facilities in this District. Maytag alleges in its Complaint (docket no. 2) that Electrolux is willfully infringing two patents assigned to Maytag: U.S. Patent No. 5,881,909 (the '909 patent), entitled "PLASTIC WASHING MACHINE BASKET," and U.S. Patent No. 5,980,809 (the '809 patent), entitled "METHOD FOR MOLDING A PLASTIC WASHING MACHINE BASKET." Maytag seeks judgments of infringement and willful infringement of both patents, preliminary and permanent injunctive relief from such infringement, treble damages with...
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