MYTEE PRODUCTS, INC. v. Harris Research, Inc.

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF THE '577 AND '892 PATENTS [Doc. No. 109.]

I. INTRODUCTION

Harris Research (“Harris”) is the assignee of two patents for Device[s] for Enhancing Removal of Liquid from Fabric, U.S. Patent No. 6,298,577 (“the '577 patent”), and U.S. Patent No. 6,266,892 (“the '892 patent”). Mytee Products Inc. (“My-tee”) is a manufacturer and distributor of vacuum devices and accessories for the professional floor cleaning industry. Harris alleges that Mytee infringes both these patents with its manufacture and sale of a product called the Banana Glider, models H931, H933, H934, H964 and H965 (“the Accused Devices”). The Mytee Banana Glider is an attachment for wand and rotary extraction vacuum devices designed to “increase extraction of water and reduce fatigue on the operator.” [Mytee’s Motion for Non-Infringement and Invalidity, Doc. No. 109-1, at 2:11-19.] Mytee moves for summary judgment of non-infringement contending its Accused Devices do not infringe the asserted claims of the '577 patent or the '892 patent either literally or under the Doctrine of Equivalents. Harris filed an opposition [Doc. No. 127], and Mytee…