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$19.95 $ 19. . [2] Products Liability - Defect - Design - Consumer Expectations Test - Factors. " Ueland v. Pengo Hydra-Pull Corp ., 103 Wn.2d 131 , 132 n.1, 691 P.2d 190 (1984) (quoting Note, The Child's Right to Sue for Loss of a Parent's Love, Care and Companionship Caused by Tortious Injury to the Parent , 56 B.U. 20-1144 (Fed. During Mr. Falkner's second run, the tube rotated him backward about one-quarter to one-third of the way down the hill. Markman v. Westview Instr., Inc., 52 F.3d 967, 976 (Fed.Cir.1995), aff'd, 517 U.S. 370, 116 S.Ct. 22140-7-III. CP at 3286. No. Id . They regularly test finished products to ensure they meet their higher standards for quality, safety and value. 3d 382, 393, 525 P.2d 669, 115 Cal. " Id . The plaintiffs originally claimed both strict liability and negligence. 1998). The Court draws no inferences from this testimony, however, as it is not clear whether the housing referenced by Dr. Dubowsky is the impeller housing within the pump or the housing surrounding the other pump components. Counsel for TWW posited that the first embodiment requires the user to hold the pump in place while inflating the mattress. " Id . 206]; declaration of Edward J. Naidich in support of plaintiff's previous motion for summary judgment (Naidich Decl.) [Dkt. Without the use of his deposition they would be denied that opportunity. . 1384, 134 L.Ed.2d 577 (1996). IV(d). The company currently specializes in the Wholesale, Recreational Services areas ALWAYS AVOID OBSTACLES AND SUDDEN DROPS. 1555]; joint status report of November 12, 2010 (Jt. Another is to examine whether the disputed feature performs substantially the same function in substantially the same way to obtain substantially the same result as the feature in the claimed invention. 1416. [11] Trial - Instructions - Proposed Instructions - Confusion of Jury. App. There is also a "real" Intex Recreation Corp that sells pools and pool accessories, based out of Long Beach, CA. for up to 15000 Gallon Above Ground Pools July 2021 and it just stopped working all lights went out only lasted a couple of months. 821. action. 211]; defendant's statement of material undisputed facts (TWW SMF) [Dkt. Today we still have not got our parts, and I want to know WHY THE HELL, when I call no one speaks English clear! One month before trial, the plaintiffs filed a witness list that did not include either expert. Here, Intex listed Mr. Bretting as a trial witness and represented during its case that it intended to call him. 13, 3A, 5, and 6. App. 643 , 652, 847 P.2d 925 (1993). - This is a suit for personal injury damages based on product liability. Dr. Dubowsky gives no explanation of how he arrived at his conclusions about the function, way, or result of the socket. at 125355. Intex Recreation Corp. v. Team Worldwide Corp., 42 F.Supp.3d 80, 2013 WL 5328372 (D.D.C.2013) ( Intex III). TWW SMF 9; Intex SMF Resp. The trier of fact was instructed on and was entitled to consider a number of factors: "In determining the reasonable expectations of the ordinary consumer, a number of factors must be considered. Douglas v. Freeman , 117 Wn.2d 242 , 256, 814 P.2d 1160 (1991). 1. I received sunglasses. A manufacturer's knowledge of the risk is not a prerequisite to strict liability, but it is relevant to risk-utility. RP at 71-72. Stay away from this company at all costs! The consumer-expectation test requires a showing that the product is more dangerous than the ordinary consumer would expect. A trial court's refusal to give a requested instruction is reviewed for an abuse of discretion. The risk-utility test requires a showing that the likelihood and seriousness of the harm to the claimant outweigh the burden on the manufacturer to use a different design that (1) would have prevented the harm and (2) would not have impaired the product's usefulness. IV(g) (emphasis added). 2020-1975, see flags on bad law, and search Casetext's comprehensive legal database And the only proposed alternative eliminated that, 830 Higgins v. Intex Recreation Corp. Oct. 2004123 Wn. Intex is terrible don't use them i bought 18 by 48 swimming pool the liner had hole in the seam. [7, 8]Intex objected to a number of exhibits, including evidence of prior suits and claims; company correspondence and internal memoranda regarding suits and claims; and company conduct regarding product warnings, product testing, and product safety. But it has very little social value when compared to the risk of severe injury. See Hendrickson , 101 Wn. RCW 7.72.030 (3); see Pagnotta v. Beall Trailers of Or., Inc ., 99 Wn. Also relevant here, the term electric pump is construed as an electronically powered machine or device for raising, compressing, or transferring fluids, including gases, Intex II, 541 F.Supp.2d at 11819, and the term pump body is construed as the main part of the electric pump and to be a separate and distinct element from the air outlet. Intex III, 42 F.Supp.3d at 101, 2013 WL 5328372, at * 16. Yes, intexcorp will provide 55% discounts on Cyber Monday Deals 2023. intexcorp will provide better services for you and with more affordable products, products with ultra-low discounts, low-price clearance, and a lot of other intexcorp Promo Code. See Jt. The doctrine of equivalents holds that a patent's scope is not limited to its literal terms but instead embraces all equivalents to the claims described. Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., 535 U.S. 722, 732, 122 S.Ct. It simply precluded argument on who pays the judgment. Waited on hold for 25 minutes to alter an order I had placed over the weekend when they were closed. App. FREE delivery Wed, Jul 5 . See Am. The user must then remove four screws attaching the impeller unit to the housing. They are proud to bring you great merchandise and impeccable customer service. I called customer service on hold 45 minutes-hung up called corporate offices-all i hear is crickets. As discussed above, the Court has construed the term socket to require a fit and hold connection with the pumpi.e., the socket must grip the pump like a light bulb socket, electric socket or top of a mason jar. 925, 930-37, 941-42 (1988); Julie K. Weaver, Comment, Jury Instructions on Joint and Several Liability in Washington State , 67 WASH. L. REV . 219]; plaintiff's reply in support of its summary judgment motion (Intex SJ Reply) [Dkt. . Ltd. v. Pegasus Techs. Id . App. at 2. Superior Court: After denying the product manufacturer's motion for a directed verdict at the close of the plaintiffs' case and motion for judgment as a matter of law following the jury's verdict, the Superior Court for Spokane County, No. And he was, therefore, not negligent. 821. must be among the hazards to be perceived reasonably and with respect to which the defendant's conduct was negligent. ), it would not meet their expectations of a useful device. See 1st Supp. Couch v. Mine Safety Appliances Co ., 107 Wn.2d 232 , 238, 728 P.2d 585 (1986) (emphasis added) (quoting Tabert , 86 Wn.2d at 154 ); instruction 19 (Clerk's Papers (CP) at 3287). The question here turns on the permissible use of an opponent's expert witness. The court noted that the decision in Reagan was consistent with the Texas wrongful death statute which limits recovery to the spouse, children, and parents of the deceased. Between eight and ten screws are used in the assembly of the Pump B models, and substantial disassembly is required to remove the pump from an air mattress. 1. 20-1975 (Fed. It evaluated hazards for each Intex product, and classified them by likelihood of the hazard and severity of any injury. at 383-84. List at 2. (3) In determining whether a product was not reasonably safe under this section, the trier of fact shall consider whether the product was unsafe to an extent beyond that which would be contemplated by the ordinary consumer . TWW SMF 8; Intex SMF Resp. See Mirror Worlds, LLC v. Apple Inc., 692 F.3d at 1357. Intex contends that the accused devices are analogous to the so-called chamber embodiments disclosedbut not claimed in the '469 Patent specification. It cited as authority its decision in Lundgren v. Whitney's, Inc ., where the court held a woman has an action for loss of consortium when her husband is negligently injured. See Markman v. Westview Instr., Inc., 52 F.3d 967 (Fed.Cir.1995), aff'd, 517 U.S. 370, 116 S.Ct. This lawsuit followed, and with it, the initiation of discovery, proceedings on a motion to dismiss, a reexamination by the U.S. Patent and Trademark Office (PTO), and claim construction proceedings. Reconsideration denied December 6, 2004. Id. App. I wrote a review yesterday 1 x Tremont 8 ft. 4-1/2 in. Then it sat for over a month- when I followed up today was told we dont have an ETA when the replacement piece will be in and when I asked for my money back was told to go back to Walmart (remember I cut the bed up and no longer have something I can return back to Walmart). 41. And they included a specific concern which resulted in the following warning being printed on the tube: WARNING: USE ONLY UNDER COMPETENT SUPERVISION. 95 $40.99 $40.99. [T]he [Washington Pattern Jury Instructions] for example, automatically tell the jury of the consequences of comparative negligence, that there will be a reduction in the verdict . THOMAS M. HIGGINS, et AL., Respondents, v.INTEX RECREATION CORP., Appellant, DAN FALKNER, Respondent. After careful review of the patent documents, relevant legal authorities, and the arguments made by the parties in their papers and at oral argument on February 25, 2014, the Court concludes that Intex's air mattresses do not contain sockets or their equivalents, and that Intex's products therefore do not infringe TWW's patent. Keller v. City of Spokane , 146 Wn.2d 237 , 242, 44 P.3d 845 (2002). But in Hendrickson , the plaintiffs did not list one of the experts as a witness at all and had listed another as only a possible trial witness. THOMAS M. HIGGINS , et AL ., Respondents , v. INTEX RECREATION CORP ., Appellant , DAN FALKNER , Respondent . The Federal Circuit has articulated two tests for determining equivalence. Cannot cancel my order I have to wait for it to ship from CA to Fl and then refuse it and send it back. Bard, Inc. v. Advanced Cardiovascular Sys., Inc., 911 F.2d 670, 672 (Fed.Cir.1990). And while counsel for TWW insists that being detachably connected is no different from the ability to be disassembleda semantic difference rather than one of substance, see TWW SJ Opp. We will address each argument. SaaS, Android, Cloud Computing, Medical Device), Where the organization is headquartered (e.g. The plaintiffs had, then, no opportunity to give Intex notice "before the trial date" that they intended to use the Bretting deposition. V.e.iii (emphasis added). Intex Recreation operates in the United . Oct. 2004 Higgins v. Intex Recreation Corp. 823123 Wn. 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We purchase an Intek spa last year, used it all summer and stored it in a climate controlled environment. Determining whether a patent has been infringed involves a two-step analysis: first, the Court must construe the relevant claim language to determine the meaning and scope of the patent claims; and second, the Court must compare the construed claims to the accused device to determine whether each claim element is present, either literally or equivalently. In the third embodiment, the socket clearly fits and holds onto (attaches to or grips) the pump. Opp. at col.7 line 24col.8 line 60. The court relied on the language of its state statute - that only the "heirs or personal representative" of the deceased person may sue for wrongful death - in holding that stepchildren, not being heirs, are not entitled to bring a claim for loss of consortium. Co., 520 U.S. at 40, 117 S.Ct. . Id. Speed is a function of the Sno-Tube. 1997 & Supp. Ex. 9. Intex Recreation Corp 57440EP E Pool Whale Spray. 101]; Opinion and Order granting in part and denying in part defendant's motion to dismiss, Intex Recreation Corp. v. Team Worldwide Corp., 390 F.Supp.2d 21 (D.D.C.2005); Magistrate Judge Robinson's claim construction decision, Intex Recreation Corp. v. Team Worldwide Corp., 541 F.Supp.2d 113 (D.D.C.2008); the undersigned's claim construction decision, Intex Recreation Corp. v. Team Worldwide Corp., 42 F.Supp.3d 80, 2013 WL 5328372 (D.D.C.2013); the parties' briefs on claim construction, including plaintiff's motion for claim construction [Dkt. . ); and Ross P. White (of Witherspoon, Kelley, Davenport & Toole, P.S. Dr. Dubowsky also notes that in order to remove the pump, a user cannot do so manually, but must take the pump apart with a screw driver. Co., Inc., 285 F.3d at 1054. . CR 32(a)(5)(A). Intex SJ Opp. 21. Intex Recreation Corp. is a private company that has been in the industry for 48 years. The defendants there argued that changes in the common law rule on loss of consortium are better left to the legislature. [21] Juveniles - Loss of Parental Consortium - What Constitutes. Desper Prods., Inc. v. QSound Labs, Inc., 157 F.3d at 133233. [4] Trial - Taking Case From Jury - Sufficiency of Evidence - Judgment as a Matter of Law - Review - Standard of Review. Oct. 2004 Higgins v. Intex Recreation Corp. 825123 Wn. In Hendrickson , Division Two of this court concluded that the trial judge had not abused his discretion when he prohibited use of depositions at trial, given the short notice. RP at 625. Just not satisfied all around. But, the issue framed by the court there was whether the nonadopted minor children had a claim for loss of consortium under the Montana wrongful death statute. Removing eight to eleven screws with a screwdriver is quite different in form from turning the lid of a mason jar or unscrewing a light bulb; the one constitutes a time-consuming disassembly while the other is a seconds-long turning of a lid or bulb. Manufacturer defect! Edit Lists Featuring This Company Section, California Companies With More Than 50 Employees (Top 10K), Western US Companies With More Than $50M in Revenue, Greater Los Angeles Area Companies With Less Than $1B in Revenue (Top 10K). These intexcorp offers are exclusively available exclusively through valuecom.com. Here, the evidence included Dan Falkner's testimony that the accident occurred on his second run with his new Sno-Tube. Oct. 2004 Higgins v. Intex Recreation Corp. 827123 Wn. After emailing them over the weekend for a follow up, I decided to call, only to be told no changes could be made and the order could not be canceled or combined. Inex Corp. SIC Code 50,509. . The evidence here was of the obvious - speeding backward at 30 miles per hour down a crowded snow-covered hill is not safe, at least according to this jury. TWW SMF 6; Intex SMF Resp. 15. If I could give this company less then one star, I would. In the claim construction proceedings, the parties and the Court used the phrase to fit and hold onto as meaning to grip, akin to a light bulb socket that fits and holds onto a light bulb, or electric socket that fits and holds a plug, or, as discussed at oral argument, a lid that fit and holds onto a mason jar. [12]The question is whether, as a matter of fact, there was a reasonably safe alternative for the rescue. 3, and its new reading of the first embodiment conflicts with these earlier assertions. $70M. The plaintiffs then asked the court to allow them to read portions of Mr. Bretting's deposition. No. [14] Trial - Instructions - Proposed Instructions - Refusal - Review - Standard of Review. Some of these showed that colli, 832 Higgins v. Intex Recreation Corp. Oct. 2004123 Wn. The housing naturally is considered as part of the pump, according to Intex's expert, because without [the housing], the pumps would not work. Supp. Any deviation from the claim precludes a finding [of literal infringement]. Telemac Cellular Corp. v. Topp Telecom, Inc., 247 F.3d 1316, 1330 (Fed.Cir.2001). 9, Ex. The inflatable product as claimed in claim 16, wherein the pump body can be received partially or wholly in the socket in a first direction for inflating the inflatable body, and received in a second direction for deflating the inflatable body. App. Cir.2005) (en banc)). Each element or limitation in a patent claim is deemed material to defining the scope of the patented invention. WarnerJenkinson Co., Inc. v. Hilton Davis Chemical Co., 520 U.S. 17, 29, 117 S.Ct. Coupert can test and apply all promo codes with one click. The instructions given allowed the parties to argue their theories of the case. Intex has submitted evidence that the pump housing in the accused devices would be considered by a person of ordinary skill in the art to be part of the pump itself. 28 , 36, 991 P.2d 728 (2000). The Pump A model is depicted below in photographs 1 through 3, supplied by Intex, and in a simplified illustration, Dr. Dubowsky's Figure 8, prepared by TWW's expert. The exhibits Intex objected to included a 1996 report of Intex's product safety committee: "the recent wave of media attention given to sledding accidents . Dubowsky Rpt. I reported to my credit card company. So the novel question before us is whether an action for loss of parental consortium extends to stepchildren. Read 1 more review about Intex Recreation Corp. Cir. It goes against our guidelines to offer incentives for reviews. $20.95 $ 20. Intex is the world's most recognizable and trusted brand in inflatable air mattresses, pools, pool fl Dubowsky Rpt. And the tube took him farther than other sliding devices he had used. Roger A. Felice ; Nicholas P. Scarpelli, Jr. , Timothy J. Parker , Kenneth S. Kagan , and Jason W. Anderson (of Carney Badley Spellman, P.S. The second and related argument follows the trial court's refusal to give Intex's proposed instruction 20: Defendant Intex's knowledge, or lack thereof, of any alleged danger in the use of its product is not relevant to the question of whether the product was not reasonably safe as designed. RCW 7.72.030 (1). All this could be done without significantly sacrificing speed. Likewise, if the housing in Intex's devices is part of the electric pump, the housing cannot also satisfy the separate claim limitation of a socket. 22140-7-III. Intex also argues that sledding - on any device - carries the risk of severe injury. ADMISSION OF INTEX SAFETY RECORDS/KNOWLEDGE INSTRUCTION. Apply INTEX coupon Code, receive 35% OFF Select Items, Acquire $35 reductions on Intex Products With These Intex Reseller voucher codes, Enjoy $30 reductions on Intex Products With These Intex Reseller discount codes, Try These Codes for Intex and save Up to 30% Off if They Apply to Your Purchase, 2023 www.valuecom.com 500K+ Useful Coupons for thousands of stores. Equating a socket and a housing would require the Court to ignore entirely the fit and hold and detachably connected aspects of a socket as already construed. And the Sno-Boggan provides a fast ride but not a blind high-speed ride. 216]; plaintiff's statement of disputed material facts in support of its opposition to defendant's summary judgment motion (Intex SMF Resp.) [Dkt. And near the end of the trial, at the behest of the trial judge, Intex listed remaining witnesses, including Mr. Bretting. 48 results for "Intex Recreation Corp" RESULTS. there is no basis for assailing the method." TWW has previously asserted that the claimed invention allows the user to inflate or deflate the mattress without having to manually hold the electric pump in place, see TWW Claim Constr. A trial court's evidentiary rulings are reviewed under the abuse of discretion standard. . 2113]; plaintiff's motion for summary judgment (Intex SJ Mot.) [Dkt. The deposition of an expert witness may be used as follows: (A) The discovery deposition of an opposing party's rule 26(b)(5) expert witness, who resides outside the state of Washington, may be used if reasonable notice before the trial date is provided to all parties and any party against whom the deposition is intended to be used is given a reasonable opportunity to depose the expert again. 717 (1853)). Mendoza v. B.L.H. L. REV . 2122. [10, 11]The number and wording of instructions is a matter also addressed to the discretion of the trial judge. The inquiry is whethera person of ordinary skill in the art would view the components as together comprising a pumpnot whether the individual components can be physically taken apart. In so doing, the Court distinguished certain inflatable products in which the electric pump could be easily inserted into and removed from a socket in the inflatable bodywhich were claimed by the '469 Patentfrom unclaimed inflatable products in which the pump was permanently housed inside the mattress. 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As with other types of civil litigation, however, summary judgment is available and appropriate in a patent infringement case when there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. Fed. Intex and TWW are manufacturers of air mattresses of the sort used in homes and on camping trips. The second type, the Pump B models, includes model numbers AP619, 639, and 626R. No. Lundgren v. Whitney's, Inc ., 94 Wn.2d 91 , 614 P.2d 1272 (1980). for the proposition that a design change would result in a product that does not do what this one does and, therefore, it would be a fundamentally different product. Although TWW asserts that there are genuine questions of material fact as to the issue of equivalence, the Court disagrees and finds that summary judgment of non-infringement under the doctrine of equivalents is appropriate here. But this argument is directly contradicted by the patent specification, which states that the cover is used to protect the pump from waternot to hold the pump in place. Intex III, 42 F.Supp.3d at 10001, 2013 WL 5328372, at *15. There is evidence in this record from which a jury could conclude that the placement of ribs or ridges on the bottom of the Sno-Tube, like those used on Intex's Sno-Boggan, would keep the rider facing downhill. In the parent-child relationship, loss of consortium means the loss of a parent's love, care, companionship, and guidance. Andrew R. Kopsidas, Fish & Richardson, P.C., Washington, DC, Christopher B. Hadley, Kurt L. Glitzenstein, Laura R. Braden, Fish & Richardson P.C., Boston, MA, for Defendant/CounterclaimPlaintiff. My pump recently died and I cannot even log in to my account because I do not remember the password but upon submitting a password reset I never get that email from him. Last updated in July 2023. The faceplate of the pump also is connected to the housing with screws. [14, 15]Again, the standard of review here is abuse of discretion. We bought an air bed that came with a hole from the store. TWW SMF 1; Intex SMF Resp. I was on the phone for over an hour to start a refund claim. at 438. United States District Court, District of Columbia. They will take the payment and you will get nothing but a confirmation email saying you ordered and paid. I purchased a mariner 4 raft..wyoming requires a MSO to register for it to go in the water. 4001 Via Oro Ave #210. This interpretation of the first embodiment is plainly incorrect.