Zip Top, Inc. v. Sc Johnson & Son Incorporated

N OTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ZIP TOP, INC.,
Plaintiff-Appellant
v.
SC JOHNSON & SON INCORPORATED,
Defendant-Appellee
______________________
2024-1661
______________________
Appeal from the United States District Court for the
Northern District of Illinois in No. 1:22-cv-05028, Judge
Jorge L. Alonso.
______________________
Decided: December 30, 2025
______________________
BRIAN C. BANNER, Slayden Grubert Beard PLLC, Aus-
tin, TX, argued for plaintiff-appellant. Also represented by
ROBERT WILLIAM BEARD, J R., T RUMAN F ENTON.
ANDREW D UFRESNE, Perkins Coie LLP, Madison, WI,
argued for defendant-appellee. Also represented by
RODGER K. CARREYN, CHRISTOPHER G RAYDON WAYNE
HANEWICZ, AUTUMN N. N ERO; T ARA L AUREN K URTIS , Chi-
cago, IL.
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 2
Before Moore, Chief Judge, Taranto, Circuit Judge,
and Chun, District Judge.1
Chun, District Judge.
I
ZipTop, Inc. (ZT) appeals a decision from the Northern
District of Illinois granting summary judgment of nonin-
fringement in favor of SC Johnson & Son Inc. (SCJ). Zip
Top, Inc. v. S.C. Johnson & Son, Inc., No. 22-C-5208, 2024
WL 989380 (N.D. Ill. Mar. 7, 2024). ZT maintains that
SCJ’s Ziploc® Endurables™ products (the Accused Prod-
ucts) infringe United States Patent No. 11,383,890. The
’890 patent discloses a process for making a container from
molded silicone. The Accused Products are reusable sili-
cone containers.
SCJ’s primary noninfringement theory is that the Ac-
cused Products do not include a “spout.” Before the district
court, the Parties agreed that the spout claim element is
properly construed as a “distinct feature that directs liq-
uids from and facilitates the pouring of fluid from a con-
tainer.” See J.A. 4019; J.A. 8. But ZT objects to another
limitation imposed by the district court: “the zipper mem-
bers are not the spout or part of it; rather, the spout is a
separate feature.” ZT Opening Br. at 17; see J.A. 12. Based
on its construction of the spout element, the lower court ul-
timately found the Accused Products do not include this
feature and it granted summary judgment of noninfringe-
ment in favor of SCJ. J.A. 12–13, 18.
1 Honorable John H. Chun, District Judge, United
States District Court for the Western District of
Washinton, sitting by designation.
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 3
We now review the construction of the claims in the
’890 patent and determine whether the properly construed
claims map to the Accused Products.2
II
A
The ’890 patent discloses a method for making silicon
cups, bowls, and tumblers. ’890 patent col. 2, lines 55–58.
The parties dispute the construction of Claim 1 and Claim
9. See J.A. 487–89; 4019–21. Claim 1 recites:
2 SCJ raised the issue of whether we have jurisdiction
to consider this appeal, SCJ Response Br. at 2–4, because
after the district court issued its order, ZT “sold its entire
business, including the ’890 patent, to LGI-Zip Top LLC,
which is a wholly owned subsidiary of Let’s Gel, Inc.” ZT
Opening Br. at 4. But our jurisdiction attached when the
notice of appeal was filed. Uniloc USA, Inc. v. ADP, LLC,
772 F. App’x 890, 893 (Fed. Cir. 2019). When ZT filed the
notice of appeal, it owned the ’890 patent. J.A 5500, 5503.
Six days later, it assigned the ’890 patent to LGI-ZIP TOP
LLC. J.A. 5505. This transfer of patent rights does not de-
feat the Court’s jurisdiction. Uniloc, 772 F. App’x at 893.
Even so, at oral argument, counsel for ZT made an oral mo-
tion to join LGI-ZIP TOP LLC, and Let’s Gel, Inc. as appel-
lants. See Oral Arg. at 7:05–7:50, available at
https://www.cafc.uscourts.gov/oral-arguments/24-1661_11
052025.mp3. Because the proper parties should be before
us, this motion is granted, and these parties will be bound
by the Court’s decision. See Martin v. Wilks, 490 U.S. 755,
765 (1989) (“Joinder as a party . . . is the method by which
potential parties are subjected to the jurisdiction of the
court and bound by a judgment or decree.”).
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 4
A silicone container making process, the pro-
cess comprising:
placing a first mold in proximity with at
least a second mold to define a mold cavity of
sufficient size and shape to mold a unitary
whole container;
mixing a base-forming material and a cata-
lyst to make uncured silicone;
putting the uncured silicone into the mold
cavity;
curing the uncured silicone by applying heat
and pressure to the uncured silicone in the
mold cavity until the silicone cures to form the
unitary whole container comprising:
a container portion defining a mouth,
wherein the mouth has at least one flexible
spout and first and second interior sides oppo-
site each other;
a zipper portion comprising:
a female zipper member extending
from the first interior side of the mouth, the
female zipper member comprising:
a female middle section compris-
ing two middle flanges defining a middle
channel between the two middle flanges, and
at least one female end section
proximate the at least one flexible spout and
comprising two end flanges extending from
the first interior side of the mouth to define
an end channel between the two end flanges,
wherein the two middle flanges
extend farther from the first interior side of
the mouth than the two end flanges;
a male zipper member extending
from the second interior side of the mouth,
wherein the female and male zipper members
are positioned opposite each other so as to be
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 5
engageable when closing the mouth, the male
zipper member comprising:
a male middle section compris-
ing a middle trunk; and
at least one male end section
proximate the at least one flexible spout com-
prising an end trunk,
wherein the middle trunk ex-
tends farther from the second interior side of
the mouth than the end trunk;
opening the first mold relative to the at least
second mold; and
removing the container from the mold cav-
ity.
’890 patent col. 11, lines 17–61. Claim 9 recites,
A silicone container making process, the pro-
cess comprising:
placing a first mold in proximity with at
least a second mold to define a mold cavity of
sufficient size and shape to mold a unitary
whole container;
mixing a base-forming material and a cata-
lyst to make uncured silicone;
putting the uncured silicone into the mold
cavity;
curing the uncured silicone, by applying
heat and pressure to the uncured silicone in
the mold cavity, to form the unitary whole
container having a durometer of between 30
and 80 shore A and comprising:
a container portion defining a mouth,
wherein the mouth has at least one flexible
spout and first and second interior sides oppo-
site each other, wherein the first and second
interior sides have thicknesses greater than
0.5 mm;
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 6
a zipper portion comprising:
a female zipper member extending
from the first interior side of the mouth and
tapering until it terminates at the at least one
flexible spout; and
a male zipper member extending
from the second interior side of the mouth and
tapering until it terminates at the at least one
flexible spout;
opening the first mold relative to the at least
second mold; and
removing the unitary whole container from
the mold cavity.
Id. at col. 12, lines 34–61.
B
SCJ produces and sells the Accused Products, which
are silicone storage containers. J.A. 481. Like the contain-
ers disclosed by the ’890 patent, the Accused Products have
a zipper mechanism at the top of the container. J.A. 482–
83. The zipper on these products is bonded at the ends to
prevent liquid leakage, and these bonded ends are called
“Cool Grab Tabs.” J.A. 482. SCJ contends that bonding the
zipper ends obstructs the flow of liquid out of the container,
and that SCJ does not instruct consumers to pour liquid
from the Accused Products because doing so could be haz-
ardous. Id.
ZT alleges that each of the ’890 patent limitations map
to the Accused Products. J.A. 4019–28. In particular, ZT
contends that the Accused Products include the ’890 pa-
tent’s spout limitation. Id.
C
In the district court, the parties cross-moved for sum-
mary judgment on the issue of infringement. J.A. 2. SJC
argued that a Person Having Ordinary Skill in the Art
(POSA) would understand a spout to be “a distinct feature
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 7
that directs liquid from and facilitates the pouring of fluid
from a container.” J.A. 511. ZT did not dispute “this plain
and ordinary meaning.” J.A. 4019 n.1. Rather, ZT argued
that this understanding of spout should extend to “cross
over” spout embodiments too. J.A. 4020–21. Although the
term “cross over” does not appear in the ’890 patent, ZT
argued that Figures 5B and 5C of the patent depict this
structural feature. J.A. 4021. According to ZT, the male
and female zippers in that embodiment “cross over at the
spout location” and form a spout. Id.
In its motion, ZT identified two facts that it said show
the existence of the spout limitation in the Accused Prod-
ucts: (1) “male and female zipper members of the SCJ Zip-
loc ENDURABLES containers ‘cross over’ each other at the
tips so that the male and female zipper elements com-
pletely engage at the tips, even when the mouth of the con-
tainer is open”; and (2) “A user may hold a Ziploc
ENDURABLES container by the ‘Cool Grab Tabs’ and pour
fluid out of the container over a ‘Cool Grab Tab.’” J.A.
4087–88. SJC disputed these allegations and argued that,
even if true, the Accused Products still do not contain a
spout. J.A. 4279–83.
The district court granted SCJ’s motion for summary
judgment of noninfringement. J.A. 13. The court adopted
the parties’ agreed upon construction of the spout claim el-
ement. J.A. 9. But the district court rejected ZT’s “cross
over” spout argument, observing, “without any explanation
or justification, [ZT] treats the cross-over zipper members
mentioned in relation to the embodiment depicted in Fig-
ures 5A-5C of the ’890 patent as part of the spout, rather
than as separate elements of the patented invention, which
happen to be adjacent to the spout in that embodiment.” Id.
After reviewing the claim language, drawings, written de-
scription, and entire specification, the court added that
“whether the zipper members cross over, engage, or disen-
gage at the spouts in an open configuration, the zipper
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 8
members are not the spout or part of it; rather, the spout is
a separate feature.” J.A. 12.
After it construed the spout claim element, the court
compared the claims to the Accused Products. J.A. 12–13.
In the court’s view, the Accused Products did not have a
“distinct feature that can be fairly described as directing
liquid from the container and facilitating the pouring of
fluid from it.” J.A. 12. And the court further noted, “the fact
that one can pour fluid out of a Ziploc Endurables container
does not mean that any part of the container over which
the fluid passes is a spout” because “one can pour fluid out
of any open container, no matter how it is shaped or de-
signed, regardless of whether it has a spout.” J.A. 13. Find-
ing there was no genuine dispute of material fact that the
Accused Products did not contain a spout and the spout
limitation is included in each of the asserted claims, the
court granted SCJ’s motion. Id.
III
The Federal Circuit “reviews a grant of summary judg-
ment under the law of the regional circuit,” here, the Sev-
enth Circuit. Treehouse Avatar LLC v. Valve Corp., 54
F.4th 709, 714 (Fed. Cir. 2022). The Seventh Circuit con-
ducts a de novo review and affirms summary judgment if,
after viewing the evidence in the light most favorable to the
non-movant, there is no genuine dispute of material fact.
See Austin v. Walgreen Co., 885 F.3d 1085, 1087 (7th Cir.
2018).
Our review of summary judgment of noninfringement
requires two steps. See Abbott Lab’ys v. Sandoz, Inc., 566
F.3d 1282, 1288 (Fed. Cir. 2009). The first step, claim con-
struction, presents a question of law that is reviewed de
novo. Intel Corp. v. Qualcomm Inc., 21 F.4th 801, 808 (Fed.
Cir. 2021). The second step, determination of whether the
properly construed claims map to the accused device, is a
question of fact. Medgraph, Inc. v. Medtronic, Inc., 843 F.3d
942, 949 (Fed. Cir. 2016). So “a grant of summary judgment
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 9
of noninfringement is proper when no reasonable factfinder
could find that the accused product contains every claim
limitation or its equivalent.” Id. (citing PC Connector Sols.,
LLC v. SmartDisk Corp., 406 F.3d 1359, 1364 (Fed. Cir.
2005)).
A
“It is elementary that claim construction begins with,
and remains focused on, the language of the claims.” Bi-
agro W. Sales, Inc. v. Grow More, Inc., 423 F.3d 1296, 1302
(Fed. Cir. 2005). “Dictionaries or comparable sources are
often useful to assist in understanding the commonly un-
derstood meaning of words and have been used both by our
court and the Supreme Court in claim interpretation.”
Phillips v. AWH Corp., 415 F.3d 1303, 1322 (Fed. Cir.
2005).
Before the district court, the parties agreed that the
“spout” element in the ’890 patent is properly understood
to be a “distinct feature that directs liquid from and facili-
tates the pouring of fluid from a container.” J.A. 8. ZT does
not dispute this claim construction, nor can it. See TVIIM,
LLC v. McAfee, Inc., 851 F.3d 1356, 1363 (Fed. Cir. 2017)
(“[A] party may not introduce new claim construction argu-
ments on appeal or alter the scope of the claim construction
positions it took below.”).
But ZT now contends that the district court erred when
it imposed a negative limitation on the construction of the
spout claim element. ZT Opening Br. at 16. The court said
that it “does not construe the term ‘spout’ to include the
zipper members, which are a separate element of the in-
vention.” J.A. 12; ZT Opening Br. at 16. ZT says that this
limitation is flawed because the claim language includes no
negative limitations, nor does it specify that any features
are “separate.” ZT Opening Br. at 16–17. Instead, ZT main-
tains “that the specification specifically contemplates em-
bodiments where portions of the zipper members are
present in the spout.” Id. at 17. According to ZT, the district
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 10
court also incorrectly determined that the zipper members
are adjacent to the spout, rather than part of it. Id. at 28.
ZT likewise says that the patent’s use of the phrase “com-
prising” when reciting elements of the zipper members il-
lustrates that the container portion and zipper members
are not wholly separate. Id. at 31.
But the language of the ’890 patent does not support
ZT’s preferred construction of the spout claim element for
three reasons. First, “the clear implication of the claim lan-
guage” is that the zipper members and spout are “‘distinct
component[s]’ of the patented invention” because Claim 1
and Claim 9 list those elements separately. See Becton,
Dickinson & Co. v. Tyco Healthcare Grp., LP, 616 F.3d
1249, 1254 (Fed. Cir. 2010) (quoting Gaus v. Conair Corp.,
363 F.3d 1284, 1288 (Fed. Cir. 2004)). Claim 1 describes
forming a unitary whole container comprised of two parts:
(1) a container portion and (2) a zipper portion. ’890 patent,
col. 11, lines 27–29, 32. Claim 9 likewise describes forming
a unitary whole container that is comprised of two parts:
(1) a container portion and (2) a zipper portion. Id. col. 12,
lines 44, 46, 51. In both Claim 1 and Claim 9, the spout is
listed as an element of the mouth. Id. col. 11, line 30; col.
12, line 47. And in both Claim 1 and Claim 9, the mouth is
an element of the container portion—not the zipper por-
tion. Id. Thus, both Claim 1 and Claim 9 list the spout sep-
arate from the elements of the zipper portion, which
include the zipper members. Id. col. 11, lines 32–58; col. 12,
lines 51–57. ZT does not identify any contrary claim lan-
guage or meaningfully rebut the implication that the spout
and zipper members are distinct components because the
patent lists those elements separately.
In addition, the language of the specification makes
clear that the zipper members are separate from the spout.
See Phillips, 415 F.3d at 1315 (noting the specification “is
always highly relevant to the claim construction analysis.
Usually, it is dispositive; it is the single best guide to the
meaning of a disputed term.”) (internal citation omitted).
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 11
The specification consistently refers to the spout, male zip-
per member, and female zipper member as different fea-
tures. For instance, in one preferred embodiment, the
specification discloses that “the male and female zipper
members 67 and 68 do not interfere with the spout 63.”
’890 patent, col. 10, lines 1–2. In another preferred embod-
iment, “[t]he male zipper member 77 is positioned just in-
side the mouth 72 and protrudes from one interior side of
the tumbler 70 and extends from one spout 73 to the other
spout 73.” Id. col. 10, lines 24–26. The specification also
discloses that Figure 5—the preferred embodiment upon
which ZT repeatedly relies—shows the zipper members are
distinct from the spout:
The male zipper member 57 is positioned just
inside the mouth 52 and extends from one in-
terior side of the tumbler 50. The female zip-
per member 58 is positioned just inside the
mouth 52 and extends from the other side of
the tumbler. . . . When open, the mouth 52
forms a spout 53 at each tip 59.
Id. col. 8, lines 23–43. Because the zipper members in this
embodiment are located “just inside” the mouth, that indi-
cates they are not part of the mouth. Id. And it is the
mouth—not the zipper members—that forms the spout. Id.
Thus, even in the embodiment that ZT most repeatedly re-
lies on, the specification discloses that the zipper members
and spout are separate features.
What is more, ZT’s arguments about the ’890 patent’s
use of the term “comprising” are unavailing. See ZT Open-
ing Br. at 31–35. ZT says the ’890 patent uses the term
“comprising” to describe the zipper portion, and the “com-
prising” term “does not exclude the possible presence of ad-
dition[al] elements―part of the at least one spout.” Id. at
32 (internal quotations omitted). It is undisputed that
Claim 1 and Claim 9 use the term “comprising” to describe
the zipper portion, and that the use of the phrase
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 12
“comprising” in claim language does not foreclose the exist-
ence of additional, unnamed components. Id. at 31; cf.
CIAS, Inc. v. All. Gaming Corp., 504 F.3d 1356, 1361 (Fed.
Cir. 2007) (“Correctly construed, ‘comprised of’ does not of
itself exclude the possible presence of additional elements
or steps.”). Even so, it is irrelevant if unnamed components
are also part of the zipper portion because the relevant
question is whether the zipper portion is functionally part
of the spout—not whether the spout is part of the zipper
portion.
Second, ZT’s proposed claim construction is illogical.
Courts must “strive, where possible, to avoid nonsensical
results in construing claim language.” AIA Eng’g Ltd. v.
Magotteaux Int’l S/A, 657 F.3d 1264, 1276 (Fed. Cir. 2011)
(citing Bd. of Regents of the Univ. of Tex. Sys. v. BENQ Am.
Corp., 533 F.3d 1362, 1370 (Fed. Cir. 2008)). Claim 1 de-
scribes a zipper portion with “at least one female end sec-
tion proximate the at least one flexible spout.” ’890 patent,
col. 11, lines 39–40. Claim 9 similarly describes a zipper
portion with a male or female zipper member that extends
from the “interior side of the mouth and taper[s] until it
terminates at the at least one flexible spout.” Id. col. 12,
lines 51–57. Overall, while this syntax is not perfectly pre-
cise, the language of Claim 1 illustrates that the zipper por-
tion is one thing and the spout is another, “proximate”
thing. Id. col. 11, lines 39–40. The language of Claim 9 also
shows the zipper members are a separate feature from the
spout because the zipper members “terminate at” the
spout. Id. col. 12, lines 51–57. The zipper members cannot
then be part of the spout. But ZT’s proposed construction
gives rise to a contradiction in which the spout would be
“proximate” itself or “terminate at” itself.
Likewise, because ZT is bound to the claim construc-
tion position that it took before the district court, it does
not dispute that spout means a “distinct feature that di-
rects liquid from and facilitates the pouring of fluid from a
container.” J.A. 9. The ordinary meaning of “distinct” is
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 13
“not the same.” Distinct, Merriam-Webster’s Online Dic-
tionary (11th ed. 2025), https://www.merriam-web-
ster.com/dictionary/distinct. Likewise, a synonym of
“distinct” is “separate.” Id. Still, ZT says that “portions of
the zipper members are present in the spout.” ZT Opening
Br. at 17. But the spout cannot be both “distinct”—i.e., not
the same or separate—from the other features, including
the zipper members, and also include the zipper members.3
Third, ZT repeatedly looks to the preferred embodi-
ments, rather than the claim language, to support its claim
construction arguments. But “[i]t is the claims, not the pre-
ferred embodiments, that define the metes and bounds of
the patentee’s invention.” IQRIS Techs. LLC v. Point Blank
Enters., Inc., 130 F.4th 998, 1004 (Fed. Cir. 2025). Our
precedent “is replete with examples of subject matter that
is included in the specification, but is not claimed.” TIP
Sys., LLC v. Phillips & Brooks/Gladwin, Inc., 529 F.3d
1364, 1373 (Fed. Cir. 2008) (collecting cases). And “the
mere fact that there is an alternative embodiment dis-
closed in [a] patent that is not encompassed by [the] district
court’s claim construction does not outweigh the language
of the claim, especially when the court’s construction is
supported by the intrinsic evidence.” Id. As discussed
above, the claim language confirms that the zipper mem-
bers and spout are separate features, even if—arguably—
some embodiments appear to depict zipper members pre-
sent in the spout. Between the claim language and the em-
bodiments, the claim language controls. See, e.g., Renishaw
PLC v. Marposs Societa’ per Azioni, 158 F.3d 1243, 1248
(Fed. Cir. 1998) (“[T]he claims define the scope of the right
to exclude; the claim construction inquiry, therefore, begins
and ends in all cases with the actual words of the claim.”).
3 This is similarly fatal to ZT’s argument that the ’890
patent does not specify that any features are “separate.”
See ZT Opening Br. at 16–17.
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 14
The district court properly relied on intrinsic evidence to
support its conclusion that the spout does not include the
zipper members. See J.A. 12 (reaching this conclusion
“[b]ased on the claim language, the drawings, the written
description, and the entire specification”).
Accordingly, we affirm the district court’s construction
of the “spout” claim element in Claim 1 and Claim 9 of the
’890 patent.
B
We next consider whether the district court erred in
granting summary judgment of noninfringement. Follow-
ing claim construction, we compare the properly construed
claims with the allegedly infringing devices to determine
whether the Accused Products literally infringe. Med-
graph, Inc., 843 F.3d at 949. “Literal infringement exists
when every limitation recited in the claim is found in the
accused device.” Akzo Nobel Coatings, Inc. v. Dow Chern.
Co., 811 F.3d 1334, 1341 (Fed. Cir. 2016).
Claim construction aside, ZT maintains that the Ac-
cused Products infringe the ’890 patent because the corners
of the Accused Products satisfy the spout limitation. ZT
Opening Br. at 35–61. Although SCJ says that ZT offers
new infringement theories on appeal, SCJ Response Br. at
32–34, ZT maintains that it “has identified only two por-
tions of the SCJ Endurable container as corresponding to
the claimed ‘at least one flexible spout,’ the V-shaped struc-
ture at each corner of the mouth.” ZT Reply Br. at 16. ZT
says that the Accused Products have “a distinct, approxi-
mately V-shaped or ‘liplike’ . . . feature at each tip, separate
from the zipper members, that resembles what anyone
would call the spout of a pitcher or like container, and it is
shaped as if to facilitate pouring in the same manner.” Id.
at 22–27. ZT also says its photographic evidence shows that
the corners of the Accused Products facilitate fluid flowing
out of the container into a concentrated stream. Id. at 28–
29.
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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 15
There is no genuine dispute of material fact that the
Accused Products satisfy the ’890 patent’s spout limitation.
Although the ends of the Accused Products’ zipper mem-
bers might appear to come to a “V-shaped or liplike” end,
ZT fails to explain how these end points are “distinct.” In-
stead, ZT supports its argument with colorfully annotated
images that it says identify the purported spout on the Ac-
cused Products. But these images only undermine the con-
clusion that there is a feature of the Accused Products that
facilitates pouring and is “distinguishable to the eye or
mind as being discrete” or is “readily and unmistakably ap-
prehended.” Distinct, Merriam-Webster’s Online Diction-
ary (11th ed. 2025), https://www.merriam-
webster.com/dictionary/distinct. ZT provides no other evi-
dence that shows the Accused Products have an identifia-
ble spout. So there is no genuine dispute of material fact
that any physical characteristic, indication, or other de-
marcation shows the Accused Products have a “distinct”
spout.
ZT also contends that the photographic evidence it pro-
duced shows the corners of the Accused Products facilitate
pouring. Yet this evidence simply shows that water can be
poured from the corners of the Accused Products. There is
no genuine dispute of material fact that “one can pour fluid
out of any open container, no matter how it is shaped or
designed, regardless of whether it has a spout.” J.A. 13.
Nothing in these images suggests that pouring liquid from
the Accused Products is made easier by the products’ cor-
ners.
Thus, even viewing the evidence in the light most fa-
vorable to ZT, the Accused Products do not satisfy the spout
limitation in the ’890 patent. Because the Accused Prod-
ucts do not satisfy every limitation recited in the ’890 pa-
tent’s claims, we conclude that the district court did not err
in granting SCJ summary judgment of noninfringement.
Case: 24-1661 Document: 37 Page: 15 Filed: 12/30/2025

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ZIP TOP, INC. v. SC JOHNSON & SON INCORPORATED 16
VI
For all these reasons, we affirm the district court’s
grant of summary judgment of non-infringement with re-
spect to the ’890 patent.
AFFIRMED
Case: 24-1661 Document: 37 Page: 16 Filed: 12/30/2025

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