United States District Court for the Eastern District of Pennsylvania
27 U.S.P.Q.2d 1280 (E.D. Pa. 1993)
Alan Amron and his company, Talk to Me Products, Inc. (collectively, TTMP) (defendants) obtained a patent for their water gun. TTMP’s water gun functioned by pressurizing water stored in a tank within the gun’s housing. TTMP’s patent claim stated, among other things, that its gun had an “elongated housing having a chamber therein for a liquid.” Larami Corp. (Larami) (plaintiff) manufactured Super Soaker water guns, which had an external water reservoir above, and detachable from, the gun’s housing. Larami brought suit against TTMP for various claims and TTMP filed a counterclaim for patent infringement, claiming, among other things that the Super Soaker literally infringed its patent. Larami filed a motion for partial summary judgment on the literal infringement claim.
Rule of Law
Holding and Reasoning (Reed, J.)
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