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Ecolab, Inc. v. Envirochem, Inc.

Decision that defendants product line literally infringed plaintiffs patent vacated because court erred in construing the claim term substantially uniform; determination that neither estoppel nor laches precluded plaintiff from obtaining an injunction against defendant affirmed because defendant could not demonstrate that it would be materially prejudiced if plaintiff were permitted to pursue its infringement action.

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Appealed from: United States District Court for the District of New Jersey

Judge Joseph A. Greenaway, Jr.

On cross-motions for summary judgment the United States District Court for the District of New Jersey determined that Envirochem, Inc.’s (“Envirochem”) product line literally infringed claim 1 of Ecolab, Inc.’s (“Ecolab”) United States Reissue Patent No. 32,818 (the “’818 patent”). Ecolab, Inc. v. Amerikem Labs., Inc., Nos. 96-437, 90-4712 (D.N.J. May 23, 2000) (infringement opinion) (“Ecolab I”). The district court also determined that neither equitable estoppel nor laches precluded Ecolab from obtaining an injunctive remedy against Envirochem for its literal infringement. Ecolab, Inc. v. Amerikem Labs., Inc., (D.N.J. Jan 8, 1999) (claim construction and equitable defenses opinion) (“Ecolab II”). Envirochem appeals both decisions. We conclude that the district court erred in construing the claim term “substantially uniform.” In view of this error, we vacate the grant of summary judgment of literal infringement, and remand to the district court for further proceedings not inconsistent with this opinion. As for the district court’s determination that neither estoppel nor laches precludes Ecolab from obtaining an injunction against Envirochem, we affirm.

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