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Ecojet, Inc. v. Luraco, Inc.

United States District Court, C.D. California

May 30, 2018

ECOJET, INC., Plaintiff,
v.
LURACO, INC., Defendant.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          ANDREW J. GUILFORD, UNITED STATES DISTRICT JUDGE

         After a bench trial, and under Federal Rule of Civil Procedure 52(a), the Court makes the following findings of fact and conclusions of law.

         FINDINGS OF FACT

         The Court makes the following findings of fact, including any findings of fact found in the Conclusions of Law.

         A. PRETRIAL ACTIVITY

         1. Plaintiff Ecojet, Inc. (“Ecojet”) filed a Complaint alleging that Luraco, Inc. (“Luraco”) infringes Claims 4 and 20 of U.S. Patent No. U.S. RE45, 844 (the “'844 patent”) by making, using, and/or selling four devices: Dura-Jet 3, Dura-Jet 3 LED, Dura-Jet 4, and Magna-Jet (collectively, “Accused Devices”). (Dkt. 1.)

         2. Luraco answered Ecojet's Complaint and brought counterclaims against Ecojet, including a counterclaim for declaratory relief of non-infringement. (Dkt. 77.) Before trial, the Court granted summary judgment in favor of Ecojet on all of Luraco's counterclaims that the '844 Patent is either invalid or unenforceable. (Dkt. 124.)

         3. The '844 Patent issued on January 19, 2016. (Trial Exhibit 27-001.) Claims 4 and 20 of the '844 Patent are independent claims that recite:

4. A jet pump sized and shaped for use in a basin of a pedicure chair or in a whirlpool bath wherein water is circulated, the jet pump comprising:
a housing supporting a motor rotatably coupled to an impeller so as to drive the impeller about an axis, the housing comprising a shoulder configured to mount the housing to a wall of the pedicure chair or whirlpool bath so that a housing front part extends into the basin;
a cap having an outer surface, an inner surface, and a circumferential rim, the cap releasably engaged with the housing front part so as to define an interior chamber between the cap inner surface and a housing inner surface of the housing front part, the cap comprising a plurality of spaced-apart holes formed through the cap and defining an inlet aligned with the axis, a wall being formed circumferentially on the inner surface of the cap surrounding the plurality of spaced apart holes of the inlet between the holes of the inlet and the circumferential rim, and an outlet opening between the inlet and the circumferential rim, the outlet opening having a nozzle thereabout, the nozzle formed on the outer surface of the cap;
the housing inner surface comprising a flat portion that lies in a plane normal to the axis and has a reference slope, and an inclined portion disposed radially outwardly from the flat portion, a first point on the inclined portion having a first slope that is greater than the reference slope, the housing inner surface terminating at an outer edge and having a second slope at or adjacent the outer edge, the second slope being greater than the first slope;
the outer edge being circular, the inner surface of the cap releasably engaging the outer edge so that the outlet opening is aligned with the housing inner surface at or adjacent the outer edge; and
the impeller disposed within the interior chamber and comprising a plurality of vanes that extend radially outwardly from the axis, the impeller being rotatable by the motor to draw water axially through the inlet and direct the water radially within the interior chamber so that the water flows over the inclined portion and through the outlet opening and nozzle, whereby water is projected from the nozzle into the basin.

         20. A jet pump sized and shaped for use in a basin of a pedicure chair or in a whirlpool bath wherein water is ...


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