AgriZap Inc. v. Woodstream Corp.

AgriZap Inc. sued Woodstream Corp. on a patent infringement theory claiming that Defendant wrongfully used technology invented by Plaintiff to manufacture and sell a version of Plaintiff's rodent-killing gadget dubbed the Rat Zapper. The Rat Zapper is a milk-carton-sized device that electrocutes mice and rats. It uses four AA batteries to deliver a lethal dose of electricity to critters lured inside by the smell of dry pet food. The Rat Zapper is based on the use of the kind of high voltage used in cattle prods, electic fences, etc. that deliver high voltage charges from the discharge of electric energy built up from low voltage sources. Plaintiff and Defendant initially marketed Rat Zapper under the Woodstream's Victor Rat Zapper trademark through the Home Depot, Lowe's, Ace Hardware, Kmart and Do It Best chains. In 2003, Woodstream dropped the AgriZap product and began selling its own device dubbed the Electronic Mousetrap and Electronic Rat Trap using, Plaintiff claimed, the technology developed by AgriZap. AgriZap accused Woodstream of violating its patent, fraud, breach of contract and unfair trade practices.

Woodstream claimed that AgriZap's patent was invalid and that it only sent the device to its representatives in China to be evaluated as part of a cost-cutting effort.