Tech-Wear, Inc. v. Acme Laundry Products, Inc.

ORDER DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION AND GRANTING REQUEST FOR ACCELERATED PRETRIAL DISCOVERY

I

INTRODUCTION AND RELEVANT BACKGROUND

Plaintiffs Tech Wear, Inc. and AntiStatic Cleanroom Technologies, Inc. dba TW Clean filed this action together with their motion for preliminary injunction and accelerated pretrial discovery against defendants Acme Laundry Products, Inc. dba Hi-Tec Garments and Does 1 through 10, inclusive, on April 13, 1998. The case arises out of plaintiffs’ contention that defendant’s “Hi-Tec Garment” infringes plaintiffs’ patent for a multi-path static control garment, U.S.Patent No. 5,440,444 (“the ’444 patent”). Both garments are designed and worn to prevent static electricity discharge and to control cleanroom contamination in the manufacture and assembly of electrical components. Plaintiffs also allege that defendant has engaged in unfair competition and false advertising.

Acme contends that its garment does not use either a conductive or insulative fabric but rather an “industry standard ‘static dissipative’ material” that avoids four of the seven elements of claim 4 of the ’444 patent. Defendant argues that proper claim…