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Federal Circuit: The Doctrine of Equivalents Is Not a Binary Choice
On March 9, 2021, a Federal Circuit panel of Judges Newman, Moore, and Hughes issued a unanimous opinion, authored by Judge Moore, in Edgewell Personal Care Brands, LLC v. Munchkin, Inc., Case No. 2020-1203. The panel vacated the Central District of California's grant of summary judgment of noninfringement on one patent, reversed the judgment of noninfringement of a second patent, and remanded for further proceedings. Slip Op. at 13.
Edgewell Personal Care Brands, LLC and International Refills Company, Ltd. (Edgewell) sued Munchkin, Inc. (Munchkin) for infringement of U.S. Patent Nos. 8,899,420 (the '420 Patent) and 6,974,029 (the '029 Patent). Both the '420 and '029 patents are directed to improved cassette designs for Edgewell's Diaper Genie product, "which is a diaper pail system that has … (i) a pail for collection of soiled diapers; and (ii) a replaceable cassette that is placed inside the pail and forms a wrapper around the soiled diapers." Id. at 2. The accused products, "Munchkin's Second and Third Generation refill cassettes" were "marketed as being compatible with Edgewell's Diaper Genie" products. Id.
The '420 Patent claims a cassette with a "clearance" that "prevents users from installing [it] upside down." Id. at 3. At summary judgment, the parties' "dispute focused on whether the claims required a clearance space … when the cassette was installed." Id. at 4. The district court concluded that clearance "required space after cassette installation" and "[b]ased on that construction … granted Munchkin summary judgment of noninfringement." Id.
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