Larami Corporation v. Amron

27 U.S.P.Q.2d 1280 (E.D. Pa. 1993)

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Nature of the Case

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Facts

P manufactures a line of toy water guns called 'SUPER SOAKERS.' The United States Patent and Trademark Office has issued patents covering their models. Ds, Alan Amron and Talk To Me Products, Inc. claim that the SUPER SOAKER guns infringe on the '129 patent which Ds obtained by assignment from Gary Esposito ('Esposito'), the inventor. Ds' patent covers a water gun which, like the SUPER SOAKERS, operates by pressurizing water housed in a tank with an air pump. Unlike the SUPER SOAKERS, the '129 patent also contains various electrical features to illuminate the water stream and create noises. Also, the water tank in the '129 patent is not detachable but is contained within a housing in the body of the water gun. P is seeking a declaration that the 'SUPER SOAKER' does not infringe Ds' patent, that Ds' patent is invalid, and that the assignment of Ds' patent from Esposito is invalid. Ds counterclaimed in that the SUPER SOAKER infringed its patent. P has moved for partial summary judgment of noninfringement of Ds' patent (Count I) and for partial summary judgment on Ds' counterclaim for infringement of Ds' patent.