Aqua-Lung America, Inc. v. American Underwater Products, Inc.

ORDER GRANTING IN PART AND DENYING IN PART SUMMARY JUDGMENT

I. INTRODUCTION

This case arises out of a series of scuba equipment patents. At the heart of the dispute are three patents held by defendant Two Forty Deuce (“TFD”) and exclusively licensed to defendant American Underwater Products, d/b/a Oceanic (“AUP”): U.S. Patent No. 6,601,609, issued August 5, 2003 (the “'609 Patent”); U.S. Patent No. 6,901,958, issued June 7, 2005 (the “'958 Patent”); and U.S. Patent No. 7,185,674, issued March 6, 2007 (the “'674 Patent”). Plaintiff Aqua-Lung America, Inc. (“Aqua-Lung”) filed a complaint for declaratory judgment of patent invalidity and non-infringement against AUP and TFD (collectively, “Oceanic”). Oceanic counterclaimed for infringement. The parties have each moved for summary judgment on these claims. For the reasons stated below, Oceanic’s motion for summary judgment on infringement will be granted with respect to the '674 Patent, and AquaLung’s motion for summary judgment on non-infringement will likewise be denied as to this patent. As to the other two patents, the accused devices do not infringe, and consequently Oceanic’s motion for summary judgment on infringement will be…