Green Edge Enterprises, LLC v. Rubber Mulch Etc., LLC

Green Edge Enterprises, LLC (Green) (plaintiff) owned a patent for a synthetic mulch made from rubber particles that were colored using a water-based acrylic colorant to resemble natural mulch. One of the patent’s specifications explained that a variety of coloring systems were suitable provided they offered colorant in earth tones that would adhere to rubber and not wash off when the rubber got wet. The specification elaborated that the most preferred colorant systems were water-based acrylic systems like the Visichrome system sold by Futura Coatings, Inc. (Futura). In fact, Futura did not sell a colorant system under the name Visichrome. Instead, the relevant system was merely sold as product code 24009. Green’s mistaken belief as to the system’s name stemmed from a letter Green received from Futura’s vice president just months before the patent was filed. The letter referred to the system as Visichrome. When Green sued Rubber Mulch Etc., LLC, and Rubber Resources, Ltd. (manufacturers) (defendants) for infringing Green’s patent, the manufacturers argued that the patent was invalid because the Visichrome error meant that the patent failed to properly disclose the best mode of practicing the invention. The district court granted summary judgment in the manufacturers’ favor, holding that the patent was invalid for violation of the best-mode requirement. Green appealed.