Full opinion text
TABLE OF CONTENTS FACTS A Invention Background 1494 B. Suit and Settlement 1497 C. Development of the E-Z Flo 1497 D. Post-Settlement Events 1499 DISCUSSION I. Jurisdiction 1500 II. Is the E-Z Flo a “new product” not covered by the Settlement Agreement? 1501 III. Does the E-Z Flo fall within the scope of the ’145 patent? 1503 A Literal infringement 1504 1. “means for establishing gauge pressure ...” 1505 a. movable member 1505 i. Is the pressure chamber a required means? 1505 ii. comparison of the “movable member” with the corresponding structure in the E-Z Flo 1507 b. “biasing means” 1507 c. “means for releasing gauge pressure” 1507 2. “detent means ... for moving and maintaining [the] movable member ...” 1508 a. detent means 1508 b. “for releasing the movable member in response to inhalation” 1509 c. “for moving and maintaining the movable member” 1509 i. moving the movable member 1510 ii. maintaining the movable member 1511 iii. maintaining the inlet valve in a closed position 1511 iv. automatic reestablishment of gauge pressure 1511 B.Doctrine of equivalents 1512 IV. Featherweight Cylinder 1513 V. Figgie’s sales to unaffiliated entities — SSA’s status under the Settlement Agreement 1514 VI. The Pharos Audit 1517 A. Figgie’s failure to provide the auditors with information concerning Figgie’s ownership interests in its distributors 1518 B. Figgie’s failure to provide SSA’s invoices 1519 C. Figgie’s refusal to provide an E-Z Flo Regulator, or information concerning it, immediately upon request 1519 VII. Attorneys’ Fees 1520 OPINION McKELVIE, District Judge. This is a patent case. The dispute arises out of an agreement, entered into by one of the plaintiffs, Interspiro USA Inc. (“Interspiro”) (n.k.a. Pharos Protection USA Inc.) and defendant, Figgie International, Inc. (“Figgie”), settling a patent infringement lawsuit brought by Pharos. Pharos had claimed that Figgie infringed Pharos’ patents for types of breathing regulators, U.S. Patent Nos. 4,361,145 (“ ’145 patent”) and 3,716,-053 (“ ’053 Patent”), most commonly used in the protective masks worn by firefighters, by manufacturing and selling a regulator known as the “Donning Switch.” Figgie had asserted defenses of non-infringement and invalidity of the patents. The parties’ Settlement Agreement required, inter alia, Figgie to pay royalties for sales of certain regulators, including the Donning Switch. Sometime after the Court approved the Settlement Agreement, Figgie began to manufacture and sell another regulator, the “E-Z Flo Regulator,” without paying royalties pursuant to the Settlement Agreement. The plaintiffs Pharos Protection USA Inc. and Pharos Tech USA Inc. (collectively, “Pharos”), who had since acquired Interspiro’s rights under the Settlement Agreement, now claim that Figgie’s manufacture and sale of the E-Z Flo, in addition to other practices allegedly depriving Pharos of its fair share of royalties, violates the Settlement Agreement, and have moved to enforce the Settlement Agreement. Docket Item (“D.I.”) 91. Pharos’ claims relate only to the ’145 patent, as the ’053 had expired prior to the events culminating in Pharos’ motion. Pharos seeks damages for Figgie’s breaches as well as attorneys’ fees arising from Figgie’s “bad faith.” From May 19, 1992, to May 21, 1992, the Court held a hearing on Pharos’ motion. D.I.s 219-221. This is the Court’s decision on the Motion to Enforce the Settlement Agreement. FACTS A Invention Background Because firefighters work in highly dangerous environments, they use and carry a panoply of safety equipment. Among the most important is the Self Contained Breathing Apparatus (SCBA), a breathing device which protects firefighters from toxic fumes and supplies them with oxygen. SCBAs basically consist of a mask, an oxygen tank, and a regulator. The regulator, which is attached to the mask, is, essentially, a sophisticated valve. It allows a firefighter to inhale oxygen from the tank and also to exhale waste gases, and therefore is somewhat similar to the regulators SCUBA (an acronym for self-contained underwater breathing apparatus) divers use to obtain oxygen. When the regulator valve opens to allow oxygen to enter the mask from a pressurized tank (the resulting rush of air is called “free flow”), the inside of the mask becomes temporarily pressurized. A pressurized mask is said to have “positive pressure” (also known as “gauge pressure” or “safety pressure”). Because at positive pressure the air pressure is greater inside the mask than outside, air from outside cannot flow into the mask. Conversely, when a mask does not maintain positive pressure, ambient air is free to leak into the mask, perhaps through leaks, cracks or gaps. Positive pressure inside the mask thus protects a firefighter from the dangerous fumes common in the firefighter’s working environment. The first SCBAs were equipped with regulators and masks which did not continuously maintain positive pressure inside of the mask. Instead, they maintained positive pressure only when the wearer inhaled and the regulator allowed pressurized oxygen to enter the mask; any increase in pressure was temporary. When the wearer was not inhaling (or exhaling), the inside of the mask was not pressurized, and the wearer was exposed to airborne toxins. In 1971, Interspiro introduced its first SCBAs which could continuously maintain positive pressure. Interspiro patented at least one such device in 1973. Others received patents for SCBAs that maintained continuous positive pressure; for example, Dragerwerk AG received a German patent for such a device (“Drager Patent”) in 1977. In such “positive pressure” masks, oxygen flows continuously into the mask, except during a brief period of exhalation. Positive pressure is nevertheless always maintained in the mask, as during exhalation it is the user’s lungs, rather than the oxygen tank, that pressurizes the mask by forcing air into it. While the introduction of continuous positive pressure was an important safety advance, a significant problem remained. Many of the positive pressure masks required that the positive pressure feature be turned on manually. Consequently, in stressful situations, a firefighter could forget to activate the positive pressure feature. Thinking positive pressure to have been established in the mask, the firefighter could unfortunately enter an environment where he might be susceptible to colorless, tasteless, and perhaps deadly fumes leaking into his mask. In 1980 or earlier, two inventors, Ekstrom and Wettengren, found a solution to the problem. They designed a regulator that allowed the SCBA to supply positive pressure automatically upon the wearer’s initial inhalation after putting on the mask. Turning off positive pressure — necessary to conserve the oxygen when the SCBA is not in use — remained a manual operation (pressing a button on the regulator). The automatic-on/manual-off function was made possible by employing a “detent mechanism” — which will be described in detail below — in the regulator. A user’s initial inhalation would overcome the force holding the detent, and hence the regulator, in the off mode. The masks would then have positive pressure. Only by pressing a switch could the detent be restored to a position in which it would hold the regulator in the off position. A schematic of the invention appears below: Roughly, the regulator works as follows: As the wearer breathes in and out, the resulting changes in air pressure inside the housing of the regulator force what is essentially a diaphragm to move back and forth. On the drawing above, that diaphragm consists basically of items (7), (12), and (13); items (12) and (13) are rubber discs which are attached at their circumferences to the housing by a ring of flexible material (7) which allows the discs to move within the housing. In this diagram, exhalation would tend to push the discs toward the exhalation chamber (4) at the top of the drawing; inhalation would tend to pull the discs toward the inhalation or inlet chamber (6) at the bottom of the drawing. Additionally, the movement of the diaphragm toward the top of the housing is resisted by a biasing spring (19), which is attached to the top of the diaphragm at one end and to the housing at the other end. When the user finishes exhalation, the biasing spring pushes the diaphragm back toward the bottom of the housing. The diaphragm is attached to a valve (11) by a controlling arm (28). As the user exhales the diaphragm moves up, thereby pulling on the valve through the controlling arm. At a certain point the valve is pulled closed, and no oxygen enters the mask. Conversely, as the user inhales (through the inhalation port (9)) and the diaphragm is pulled down, the controlling arm eventually forces the valve to open, thus allowing oxygen once more to enter the mask. The valve is maintained in the open position except when the user exhales and when the regulator is placed in the shut-off mode, described below. In that way the regulator ensures continuous positive pressure when the SCBA is in use. The detent mechanism (31) can be used to shut off the regulator such that it becomes locked in the shut-off mode. When manually activated, the detent arm swings up (note the dashed outline on the diagram) and locks the diaphragm in a position toward the top of the regulator, against the force of the biasing spring. So locked, the diaphragm maintains the valve in a closed position. Upon a user’s first inhalation, however, the diaphragm is pulled down with sufficient force so as to cause the detent to snap back into its unlocked position, thus allowing air to flow into the mask and allowing the diaphragm to move freely back and forth until the user next activates the detent. Significantly, unlike the device described in the Drager Patent, which could be operated without the positive pressure feature, the Ekstrom and Wettengren device could be operated only in a positive pressure mode. While the Drager- Patent also had an automatic-on/manual-off feature, a user could replace the mask and breathe without activation of the positive pressure feature. In 1980, Ekstrom and Wettengren obtained the ’145 patent for their invention. The National Fire Protection Association, which sets standards for firefighting equipment, now requires that all breathing masks operate only with the positive pressure feature. B. Suit and Settlement Defendant Figgie is a Delaware corporation. Scott Aviation, a Buffalo, New York, division of Figgie, manufactures and sells SCBAs. Safety Supply America (“SSA”), a subsidiary of Figgie, distributes Scott Aviation products, including SCBAs. In 1985, Figgie sold SCBAs with regulators which automatically, switched the positive pressure feature on and off. The automatic shut-off feature on the Figgie regulator occasionally caused, however, premature shut-off of positive pressure. Moreover, the regulator was most likely to malfunction during periods of peak exertion by the user. As a result, some users of Figgie’s regulators complained of incidents of premature shutoff. In response, on April 19, 1985, Figgie warned its users about the problem, and offered to retrofit each user’s SCBA with a new regulator, the Donning Switch regulator. The Donning Switch regulator, like the design in the 145 patent, had automatic-on/manual-off regulation of positive pressure. Figgie consequently began to manufacture, sell, and retrofit old masks with the Donning Switch regulator. Mr. Hans Almqvist, then President of Interspiro, obtained a Donning Switch regulator, examined it, and contacted patent counsel, who advised him that the Donning Switch regulator infringed the 145 patent. Interspiro sent a notice of infringement to Figgie. At first, attempts to settle the dispute failed, and on May 19, 1988 Interspiro filed this action in this Court against Figgie. Figgie asserted .defenses of invalidity and non-infringement. Regarding the non-infringement portion of its defense, Figgie argued that the Donning Switch lacked a “pressure chamber” (in the regulator) and that a pressure chamber was a requirement of the 145 patent. Pharos countered that the Patent Examiner had specifically removed any reference in the patent to a pressure chamber. Following substantial and lengthy negotiations, the parties ultimately reached a settlement. The ensuing Settlement Agreement contained provisions for Figgie to pay royalties to Interspiro on the sale of each SCBA containing a Donning Switch and provisions allowing Interspiro to audit Figgie to ensure compliance with the Agreement. It also provided that the Court would retain jurisdiction over the Settlement Agreement for a period of two years. The parties. submitted the Settlement Agreement to the Court with a Proposed Stipulated Order dismissing the case pursuant to the terms of the Agreement. On November 13,1989, the Court signed and entered the Stipulated Order. D.I. 83. C. Development of E-Z Flo Before the suit was filed and while the Interspiro/Figgie dispute was. in its initial stages, Figgie, through its Scott Aviation division, considered alternatives to the Donning Switch. In 1987, Robert Richter, then Scott Aviation’s Vice President of Engineering, prepared a document to evaluate design concepts for avoiding Interspiro’s infringement allegation. PX-10. His report, entitled “Engineering Cost,” suggested two possible approaches: a “new design approach” and a “circumvent design approach.” The “new design approach” involved the creation of a totally new regulator design. It would cost more than the “circumvent approach,” but would have little or no danger of infringing the ’145 patent. The “circumvent approach,” riskier (in terms of potential infringement) but requiring less capital investment, would involve designing around the patent claims. Mr. Richter further described four efforts Figgie had already initiated to circumvent the patent. The second of these described an automatic-on/manual-off regulator, whose circumvention of the ’145 patent was “unknown.” It would avoid infringement by relocating an important mechanism described in the ’145 patent, the detent mechanism, from one side of a diaphragm that moves back and forth within all regulators, to the other. Scott Aviation never officially adopted either approach; nevertheless, it began to design an ostensibly new regulator based largely, if not entirely, on the concepts utilized in the Donning Switch. The resulting product, the E-Z Flo Regulator, would have exactly those features described by the second of the “circumvent approach” efforts. In mid-May, 1988, after Interspiro already had approached Scott Aviation about infringement of the Donning Switch, Scott Aviation fired Mr. Richter. In December, 1988, Mr. Alan H. Light, then President of Scott Aviation, Mr. Eugene Giorgini, Engineering Manager of Scott’s Health and Safety Division, and Mr. Edward Replogle, an engineer with “quite a bit of patent experience” who was hired by Scott Aviation as a consultant, met to discuss design options for eliminating the infringement problem. Mr. Replogle proposed saving as much of the existing product as possible, but did not then propose a specific plan. Mr. Replogle subsequently began design work. First, he tried to use a “magnetic detent”; however, this design approach was abandoned. Then he tried using a “spring detent,” had that concept reviewed by patent counsel, and drew up an initial proposal. The “spring detent” would operate on a different side of the diaphragm than the detent in the Donning Switch and ’145 patent. In initial sketches dated December 30,1988, Mr. Replogle used the label “spring detent.” Subsequent sketches by Mr.. Giorgini, however, had labelled the same device a “latching lever.” Scott Aviation developed its device with a “latching lever” into the E-Z Flo Regulator. A schematic of the E-Z Flo Regulator, here drawn in the “static” mode — the mode in which the regulator is in during normal use — appears below: The E-Z Flo is depicted above such that a user would inhale from the bottom of the regulator and force exhaled gases through the top. Just as in the T45 device, in the E-Z Flo the action of a diaphragm opens and closes the regulator valve at appropriate times. In the E-Z Flo, the “diaphragm” — composed of two discs, the smaller one ordinarily resting just below the larger disc, which is attached to the housing by a ring of flexible material — impinges on the “diaphragm lever,” which in turn opens or closes the “demand valve.” The E-Z Flo also has a biasing spring, here labeled a “compression spring,” that resists the movement of the diaphragm as it moves toward the top of the housing, and pushes the diaphragm back toward the bottom of the housing following exhalation. The E-Z Flo accomplishes shut-off by means of a “latching lever.” When manually operated, the latching lever rotates toward the top of the housing, thereby compressing the biasing spring such that it cannot push against the diaphragm. When latched, the force of the biasing spring is completely removed, such that all of the forces acting on the diaphragm push it upward, maintaining the regulator in the shut-off mode. Inhalation pulls the diaphragm downward with sufficient force to overcome the latch, allowing the diaphragm to move again, and thereby establishes positive pressure. As discussed below, Figgie highlights two major differences between the 145 device and the E-Z Flo. These differences generally relate to the structures of the two devices’ diaphragms and to the structure and operation of the “detent means” of the 145 device as compared to the “latching lever” of the EZ Flo. D. Post-Settlement Events At a trade show in Las Vegas in October, 1990 — just prior to settlement — Figgie introduced what it hailed as a new product, the E-Z Flo Regulator. Mr. Almqvist, President of Interspiro, saw the E-Z Flo and inquired whether it had been designed around the 145 patent. Mr. Giorgini of Scott Aviation informed Mr. Almqvist that he assumed the invention would avoid the claims of the 145 patent. Sometime in the fall of 1990, Figgie, through Scott Aviation, began selling the E-Z Flo Regulator. Mr. Almqvist attempted to obtain an E-Z Flo, but was unsuccessful. In May, 1991, Interspiro conveyed all of its rights in the 145 patent, with the exception of those rights invested by the Settlement Agreement to Comasec, Inc., not a party to this suit. Interspiro subsequently changed its name to Pharos Protection USA, Inc. Also in May, 1991, Mr. Almqvist left the employ of Interspiro. Sometime in 1991, Pharos began to suspect that Figgie was not making all payments as required by the Settlement Agreement; specifically, Pharos believed that Figgie was reporting a low “Weighted Average Sales Price,” which serves as a basis for calculating royalty payments. On August 15, 1991, Mr. John Carney, President of Pharos, notified Figgie of Pharos’ intention to exercise its right under the Settlement Agreement to conduct an audit of Scott. During the audit in August or September, 1991, Pharos learned that Figgie had not paid royalties for sales of the E-Z Flo Regulator. It further discovered that in calculating the “Weighted Average Net Sales Price” of SCBAs (also a basis for royalty payments), Figgie had not included the price of an oxygen tank called the “Featherweight Cylinder”; instead, SCBAs sold with a Featherweight Cylinder were priced as if the SCBA had incorporated only a “Basic Cylinder.” The audit, however, was not completed. Mr. Nicholas Koppmann, Vice President and Controller of Scott Aviation, refused to supply the auditors with information concerning Scott Aviation’s relationship with its distributors. Figgie also refused to verify which entities were Figgie affiliates or provide sales reports and invoices from its subsidiary, SSA, to SSA’s customers, as well as other documents relating to the sales of E-Z Flo regulators. Finally, Figgie refused to supply an E-Z Flo regulator both to the auditor and to Mr. Carney. Figgie contended that it did not have much of the information requested and also that it did not have sufficient control over Scott Aviation affiliates to obtain the information. Figgie further argued that invoices from SSA to its customers were not relevant to calculating royalties under the Settlement Agreement. When the auditors suggested a mass mailing to the distributors for the purpose of determining Figgie’s equity share in each, Figgie refused to comply, claiming that the mailing would violate the confidentiality of the Agreement. Finally, Scott Aviation, through Mr. Koppmann, claimed that it could not provide an E-Z Flo Regulator because it did not have one on the premises; as a result, Mr. Koppmann recommended purchase from a Scott Aviation distributor. Mr. Koppmann did tell Pharos, though, that he would provide Pharos with an E-Z Flo if Pharos would first provide Figgie with an opinion on infringement. On August 29, 1991, Pharos’ counsel ordered an E-Z Flo Regulator from a distributor, which was received September 12, 1991. On October 16, 1991, Pharos moved in this Court to enforce the settlement agreement. The major issues raised by this motion are: 1) Does this Court have jurisdiction to enforce the Settlement Agreement? 2) Is the E-Z Flo a “new product” and thus not covered by the royalty provisions of the Settlement Agreement? 3) Assuming the E-Z Flo Regulator is a payment bearing regulator— and not a new product — if it falls within the scope of the ’145 patent, does the E-Z Flo Regulator fall within the scope of that patent? 4) By replacing the price of Featherweight Cylinders with the price of Basic Cylinders did Figgie properly calculate the Weighted Average Sales Price for the purposes of . calculating royalties? 5) Did Figgie act properly by paying royalties on sales from Figgie to SSA rather than paying royalties on sales from its subsidiary SSA to end-user customers? 6) Did Figgie properly comply with the 1991 audit? 7) Did Figgie fail to act in “good-faith” to comply with settlement agreement, thus requiring an award of attorneys’ fees to Pharos? DISCUSSION I. Jurisdiction Courts may retain jurisdiction to enforce settlement agreements in cases that were once properly before them. Halderman v. Pennhurst State School and Hospital, 901 F.2d 311, 317 (3d Cir.), cert. denied, 498 U.S. 850, 111 S.Ct. 140, 112 L.Ed.2d 107 (1990) (quoting McCall-Bey v. Franzen, 777 F.2d 1178, 1188 (7th Cir.1985)). Furthermore, by incorporating a settlement into an order of dismissal, a court may retain such jurisdiction.' Id.; Washington Hospital v. White, 889 F.2d 1294, 1298-99 (3d Cir.1989) (stipulated order). Courts need not explicitly indicate a desire to retain jurisdiction: [Although] we have rejected the suggestion that federal judges have inherent power to enforce settlement agreements arising out of lawsuits that were once before them[,] ... we have expressed no doubt of the power of a district court to dismiss a lawsuit conditionally, retaining jurisdiction to effectuate terms of settlement agreed to by the parties. Nor do we think there is any magic form of words that the judge must intone in order to make the retention of jurisdiction effective. All that is necessary is that it be possible to infer that he did intend to retain jurisdiction — that he did not dismiss the case outright, thereby relinquishing jurisdiction. Halderman, 901 F.2d at 317 (quoting McCall-Bey, 777 F.2d at 1188) (brackets as they appear in Halderman). In this case, the Court signed a Stipulated Order incorporating the Settlement Agreement, ¶ 13 of which in turn allowed the Court to retain jurisdiction over the Settlement Agreement for a period of two years. Figgie argues that the Court’s action does not manifest an explicit intent to retain jurisdiction; consequently, the Court may assert jurisdiction only through its inherent power, which it argues the Court also lacks on the facts of this case. Figgie misreads Halderman, which does not require courts to use explicit language in order to retain jurisdiction over settlements. Nevertheless, the Settlement Agreement, which was incorporated in the Order of Dismissal, does explicitly manifest an intent that the Court should retain jurisdiction over its enforcement. As in Halderman, White, and McCall-Bey, therefore, it is possible — and apparently peremptory in this case — to infer from the Order of Dismissal that the Court intended to retain jurisdiction over the Settlement Agreement. Furthermore, the Settlement Agreement is enforceable by motion; a party with' a grievance need not file a new complaint. Hobbs & Co., Inc. v. American Investors Management, 576 F.2d 29, 34-35 (3d Cir.1978). Figgie argues that because a Motion to Enforce precludes Figgie from asserting certain defenses enumerated and preserved in ¶ 13 of the Settlement Agreement, a Motion to Enforce is improper. The Court has already ruled, however, that ¶ 13 preserves defenses concerning those disputes that do not arise from the Settlement Agreement and that Figgie consequently has waived those defenses for the purposes of this motion. Tr. of April 28, 1992, D.I. 191, at 6,13. Putting aside the issue of which defenses are available to Figgie, Figgie does not appear to contest the notion that the Settlement Agreement may be enforced by motion. II. Is the E-Z Flo a “new product” not covered by the Settlement Agreement? The first and major substantive issue in this case is whether the E-Z Flo Regulator is covered by the terms of the Settlement Agreement. The Settlement Agreement does not specifically mention or name any regulator, including the Donning Switch, which is conceded to fall within the ambit of the Agreement. It clearly specifies, however, that “new products” are not covered: “[T]he parties do not waive any rights or claims that may arise with regard to any new product which Scott [Aviation] may develop or any defenses (including non-infringement and invalidity ...) the parties may otherwise have to such a claim.” Settlement Agreement Paragraph 13, PX-1. Pharos argues that a product is “new” within the meaning of ¶ 13 only if it falls outside the scope of the ’145 patent. Consequently, Pharos further argues that the E-Z Flo Regulator falls within the scope of the ’145 patent and is therefore not a new product excluded from the royalty provisions of the agreement. Figgie contends, on the other hand, that a new product “is a product that Scott [Aviation] has developed that has never been on the market before execution of the Settlement Agreement and which is different from the Donning Switch.” Defendant’s Post^Trial Brief, D.I. 225, at 57. A new product, therefore, might or might not infringe the ’145 patent. Correspondingly, Figgie argues, because the E-Z Flo is different from the Donning Switch and was not on the market before the execution of the Settlement Agreement, it is a “new product.” The Court first determines the meaning of the term “new product” and then turns, in Part III, to the question whether the E-Z Flo is, in fact, a new product. Paragraph 14 of the Settlement Agreement provides that the Settlement Agreement should be “interpreted and construed under the internal substantive laws of the State of New York.” The parties do not dispute that New York substantive law controls issues of contract interpretation in this case. Under New York law, “[a] settlement agreement must be interpreted as any other contract.” Olympic Tower Assoc. v. City of New York, 183 A.D.2d 406, 583 N.Y.S.2d 263, 264 (1992); Rainbow v. Swisher, 72 N.Y.2d 106, 531 N.Y.S.2d 775, 776, 527 N.E.2d 258, 259 (1988). Courts should generally give effect to the expressed intentions of the parties in entering into the agreements. Care Travel Co. v. Pan American World, Airways, 944 F.2d 983, 987 (2d Cir.1991); Hartford Accident & Indemnity Co. v. Wesolowski, 33 N.Y.2d 169, 350 N.Y.S.2d 895, 897-98, 305 N.E.2d 907, 909 (1973). Courts should first look to the language of the agreement to determine intent. Hartford, 350 N.Y.S.2d at 898-99, 305 N.E.2d at 910. In this initial inquiry courts must determine whether the language of the agreement is unambiguous on its face. “Contract language is unambiguous if it has a definite and precise meaning, unattended by danger of misconception in the purport of the [contract] itself, and concerning which there is no reasonable basis for a difference of opinion.” Metropolitan Life Insurance Co. v. RJR Nabisco, Inc., 906 F.2d 884, 889 (2d Cir.1990) (quoting Breed v. Insurance Co. of North America, 46 N.Y.2d 351, 413 N.Y.S.2d 352, 355, 385 N.E.2d 1280, 1283 (1978)) (brackets as they appeared in Metropolitan Life); Care Travel, 944 F.2d at 988 (Agreement is unambiguous when it is capable of one meaning when viewed by “a reasonably intelligent person who has examined the context of the entire integrated agreement and who is cognizant of the customs, practices, usages and terminology generally understood in the particular trade or business.”) (quoting Eskimo Pie Corp. v. Whitelawn Dairies, Inc., 284 F.Supp. 987, 994 (S.D.N.Y.1968)). Contract language is not ambiguous merely because the parties attribute to it differing interpretations; nor is it ambiguous where one party urges an interpretation that strains the language beyond its ordinary meaning. Id. (quoting Bethlehem Steel Co. v. Turner Construction Co., 2 N.Y.2d 456, 161 N.Y.S.2d 90, 93, 141 N.E.2d 590, 593 (1957)). If the language of an agreement is unambiguous on its face, the parties’ rights under the agreement should be determined solely by the terms in the agreement. Care Travel, 944 F.2d at 987-88 (quoting Metropolitan Life, 906 F.2d at 889). Evidence concerning the commercial environment giving context to the agreement may be used to ascertain the parties’ intent, however, even if the language of the contract is unambiguous. Chase Manhattan Bank v. First Marion Bank, 437 F.2d 1040, 1046 (5th Cir.1971); In re Rudolph’s Will, 123 N.Y.S.2d 731, 733-34 (Supr.Ct.1953). If the agreement is ambiguous on its face, courts may ascertain its meaning with the aid of parol evidence. Care Travel, 944 F.2d at 988. The term “new product” is not defined in, the Settlement Agreement. Its meaning on its face or in the context of the Settlement Agreement is not self-evident. Figgie’s contention that the plain meaning of the term is “a product that [was not] on the market before execution of the Settlement Agreement and which is different from the Donning Switch[,]” D.I. 225, at 57, only begs the question: What is different from the Donning Switch? Additionally, each party’s interpretation makes sense in light of other terms in the contract. Pharos highlights, for example, ¶ 1(a) of the agreement, which provides: “ ‘Regulator1 means a regulator valve, which, when combined with a mask would fall within the scope [of the ’145 patent].” Accordingly, as royalties are calculated from sales of “Regulators” (see ¶ 3), Pharos argues that a payment-bearing regulator — which could not logically be a new product — is one that falls within the scope of the ’145 patent. In contrast, Figgie contends that ¶ 13 and ¶ 1(a) should be read conjunctively, such that payment-bearing regulators: 1) cannot be a “new product” under ¶ 13; and, 2) must be a “regulator” under ¶ 1(a). In other words, not all “regulators” are payment-bearing regulators; some “regulators” are “new products.” Furthermore, Figgie points out that if a “new product” must be non-infringing, then ¶ 13 makes no sense — why would the parties preserve defenses of non-infringement and invalidity only for products that do not infringe? Under the plaintiffs interpretation of “new product,” Figgie argues, the Settlement Agreement forecloses all litigation over the ’145 patent — either a product would or would not be a “regulator” for the purposes of the Settlement Agreement — and renders ¶ 13, which appears to relate to future litigation concerning the 145 patent, superfluous. Both Pharos’ and Figgie’s interpretations are plausible viewed in light of the entire Settlement Agreement. Thus, the meaning of the term “new product” is ambiguous in the context of the Settlement Agreement, and the court will look in part to extrinsic evidence in determining its meaning. . [14] The Court finds that a “new product” is one that does not fall within the scope of the 145 patent. In so doing, the Court relies primarily on three factors. First, the Court believes that by defining a “regulator” as a device falling within the scope of the 145 patent, the parties appear to have manifested a strong intent that the scope of the patent should define the coverage of the Settlement Agreement’s royalty provisions and indeed the scope of Settlement Agreement itself. Had the parties not intended to settle all litigation relating to the 145 patent, the parties likely would have limited the definition of “regulator” to include only the exact regulator depicted in the 145 patent and the Donning Switch. Second, both Mr. Almqvist, Interspiro’s former President, and Mr. Nicholas Koppmann, Scott Aviation’s Vice President and Controller, testified that a “new product” is one that falls within the scope of the 145 patent. While Mr. Koppmann later changed his testimony, the Court credits his initial testimony as well as the testimony of Mr. Almqvist. Finally, acceptance of Pharos’ interpretation of “new product” does not render ¶ 13 superfluous. Paragraph 13 merely states the obvious: that the settlement would not affect litigation regarding any products not falling under the scope of the 145 patent. In sum, as it appears that the parties intended to settle all claims relating to products falling within the scope of the 145 patent and not just claims regarding the Donning Switch, the Court next must determine whether the E-Z Flo falls within the scope of the 145 patent. In determining whether the E-Z Flo falls within the scope of the 145 patent and consequently is or is not a “new product,” the Court need not address Figgie’s arguments that the patent is invalid and unenforceable. First, the Court concludes that in signing the Settlement Agreement, Figgie waived its right to challenge the validity and enforceability of the patent with respect to issues arising under the Settlement Agreement in return for Pharos’ waiver of the right to ask for treble damages for infringement. The Settlement Agreement effectively would be meaningless absent such a quid pro quo. Analogously, the Federal Circuit has held that in contempt proceedings, whether a new product infringes (thus giving rise to a finding of contempt) may not be challenged on the basis of invalidity of the patent. KSM Fastening Systems, Inc. v. H.A. Jones Company, Inc., 776 F.2d 1522, 1529 (Fed.Cir.1985). In that spirit, Figgie admits that if the E-Z Flo is not a “new product,” then it has indeed waived the invalidity and unenforceability defenses. See Defendant’s Post-Trial Brief, D.I. 225, at 55. Based on the Court’s ultimate conclusion that the E-Z Flo is not a “new product,” therefore, Figgie has waived its invalidity and unenforceability defenses with respect to this case. III. Does the E-Z Flo fall within the scope of the ’145 patent? If the E-Z Flo Regulator falls within the scope of the ’145 patent it is not a “new product” and is therefore a payment-bearing regulator under the Settlement Agreement. Claim 1 of the ’145 patent (the only claim asserted) claims: A respirator mask comprising: a housing including an exhalation chamber having an exhaust outlet, and an inlet chamber forming a breathing space and having passage means adapted to communicate with a user’s respiratory organs; a normally closed inlet valve connected to said inlet changer for supplying a source of breathing air to the inlet chamber to provide pressure therein; means for establishing a gauge pressure in said inlet chamber including a movable member moünted in said housing and separating said inlet chamber from said movable member toward said inlet chamber, means operatively associated with said movable member for actuating said inlet valve to supply pressure to said inlet chamber when said movable member is moved into said inlet chamber and for releasing pressure from said inlet chamber to said exhaust outlet when said movable member is moved into said exhalation chamber a predetermined distance wherein a gauge pressure is established and released in said inlet chamber in response to movement of said movable member; and detent means mounted in said housing for moving and maintaining said movable member toward said exhalation chamber against said biasing means whereby said inlet valve means is maintained in its closed position, said detent means including means for releasing said movable member in response to a user’s inhalation effort in said inlet chamber whereby said inlet valve opens and said gauge pressure is reestablished. The Court’s inquiry must proceed in two steps. First, the Court must determine the scope of the claims at issue. Autogiro Co. of America v. U.S., 384 F.2d 391, 401, 181 Ct.Cl. 55 (1967). The construction of the claims and their scope is a question of law. Senmed, Inc. v. Richard-Allan Medical Industries, Inc., 888 F.2d 815 (Fed. Cir.1989). Nonetheless, the meaning of claim language may turn on underlying issues of fact.- Perini Am., Inc. v. Paper Converting Mach. Co., 832 F.2d 581, 584 (Fed.Cir.1987). An issue of fact as to the meaning of a term exists where there is a genuine evidentiary conflict over the term’s meaning. Johnston v. IVAC Corp., 885 F.2d 1574, 1579 (Fed.Cir.1989). Claim language should be interpreted as one reasonably skilled in the art would have interpreted the claim at the time of the invention. Loctite Corp. v. Ultraseal Ltd., 781 F.2d 861, 867 (Fed.Cir.1985); Mobil Oil Corp. v. Amoco Chemicals Corp., 779 F.Supp. 1429, 1442 (D.Del.1991). Once the Court determines the scope of the claims, it must determine whether the accused product infringes them. Palumbo v. Don-Joy Co., 762 F.2d 969, 974 (Fed.Cir.1985). The claims may read on the accused product either literally or under the doctrine of equivalents. If the accused product does not literally infringe, infringement under the doctrine of equivalents may nevertheless occur if the accused product performs substantially the same function, in the same manner, to obtain substantially the same result as the claimed invention. Graver Tank & Manufacturing Co., Inc. v. Linde Air Prods. Co., 339 U.S. 605, 608, 70 S.Ct. 854, 856, 94 L.Ed. 1097 (1950). Infringement is a question of fact. Palumbo, 762 F.2d at 974; Pennwalt Corp. v. Durand-Wayland, Inc., 833 F.2d 931, 936 (Fed.Cir.1987) (in banc). A Literal infringement Claim 1 of the ’145 patent contains “means plus function” language. The claim describes, for example, a “detent” (means) “for moving and maintaining said movable member____” (function). Interpretation of claims with means plus function language is governed by 35 U.S.C. § 112, paragraph 6: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material or acts described in the specification and equivalents thereof. Thus, “to meet a means-plus-function limitation literally, an accused device must (1) perform the identical function claimed for the means element, and (2) perform that function using the structure disclosed in the specification or an equivalent structure.” Intel Corp. v. United States International Trad Commission, 946 F.2d 821, 841 (Fed.Cir.1991). Equivalence under § 112, paragraph 6 is different from equivalence under the doctrine of equivalents: [T]he word “equivalent” in § 112 should not be confused ... with the “doctrine of equivalents.” In applying the doctrine of equivalents, the fact finder must determine the range of equivalents to which the claimed invention is entitled, in light of the prosecution history, the pioneer-nonpioneer status of the invention, and the prior art. It must then be determined whether the entirety of the accused device or process is so “substantially the same thing, used in substantially the same way, to achieve substantially the same result” as to fall within the range. [Graver Tank, 339 U.S. at 610, 70 S.Ct. at 857.] In applying the “means plus function” paragraph of § 112, however, the sole question is whether the single means in the accused device which performs the function stated in the claim is the same as or an equivalent of the corresponding structure described in the patentee’s specification as performing that function. D.M.I., Inc. v. Deere & Co., 755 F.2d 1570, 1575 (Fed.Cir.1985). Section 112 is not designed, however, to expand the coverage of means-plus-function language, but rather to restrict its coverage to truly identical means and functions. See Valmont Industries, Inc. v. Reinke Manufacturing Co., 983 F.2d 1039, 1042 (Fed.Cir.1993) (“Section 112 permits means-plus-function language in a combination claim, but with a “string attached.” The “attached string” limits the applicant to the structure, material, or acts disclosed in the specification and their equivalents. Indeed, the section operates more like the reverse doctrine of equivalents because it restricts the coverage of literal claim language____ In sum, for a means-plus-function limitation to read on an accused device, the accused device must employ means identical to or the equivalent of the structures, material or acts described in the patent specification. The accused device must also perform the identical function as specified in the claims.”) Prior art need not be considered in applying section 112, paragraph 6; correspondingly, a means-plus-function claim should not be limited by prior art. Intel, 946 F.2d at 842. Nevertheless, in construing a means plus function claim courts may consider the same interpretive aids they would consider in construing ordinary claims; those aids include the language of the claim(s), the specification, the prosecution history, other claims in the patent, and expert testimony on how those skilled in the art would interpret the claims. Id. at 843; Palumbo, 762 F.2d at 975; see also Loctite Corp. v. Ultraseal, 781 F.2d 861, 867 (Fed.Cir.1985). There are two means plus function clauses in Claim 1 at issue: 1) “means for establishing a gauge pressure ...”; and, 2) “detent means ... for moving and maintaining [the] movable member — ” In the former case, only the means is disputed. In the latter case, both means and function are at issue; however, the function issue is paramount. 1. “means for establishing gauge pressure ...” Claim 1 of the ’145 patent claims a means for establishing positive pressure, including several component means: means for establishing a gauge pressure in said inlet chamber including a movable member mounted in said housing and separating said inlet chamber from said movable member toward said inlet chamber, means operatively associated with said movable member for actuating said inlet valve to supply pressure to said inlet chamber when said movable member is moved into said inlet chamber and for releasing pressure from said inlet chamber to said exhaust outlet when said movable member is moved into said exhalation chamber a predetermined distance wherein a gauge pressure is established and released in said inlet chamber in response to movement of said movable member..... Three of the component means claimed give rise to § 112, paragraph 6 issues in this case. These means are the. movable member, the biasing means, and the means for releasing gauge pressure. a. movable member According to claim 1, the means for establishing positive pressure includes a “movable member.” In. the patent specification, the movable member includes.a “pressure chamber.” In this section, the Court initially considers whether the pressure chamber is a required means, i.e., whether the movable member must be a pressure chamber, and then considers whether the resulting claimed means, the movable member, is equivalent to the corresponding means in the E-Z Flo. i. Is the pressure chamber a required means? On the drawing of the ’145 device (Figure 1 of the specification, shown supra), the pressure chamber can be seen as an area (8), between two discs (12) and (13). A ring of flexible rubber (referred to as the diaphragm (7)), attached to the edges of the discs and to the housing of the regulator allows the two discs to move back and forth within the housing. The disc toward the bottom of the diagram (12) is perforated so that exhaled gases may, when necessary, escape from the regulator. A disc-shaped valve (15) on the portion of disc (12) facing toward disc (13) (and away from the inhalation port (9)), allows exhaled gases to move through the perforations at the appropriate time. The E-Z Flo concededly does not have a pressure chamber.. Figgie argues that a pressure chamber, as shown in the specification, is necessary for establishing positive pressure in the invention in the ’145 patent. To support this argument, Figgie points principally to two factors: the language and disclosures of the patent specification, and the prosecution history. First, recalling the second Intel factor, Figgie creates a syllogism: Because the specification contains a pressure chamber, and because the pressure chamber is an integral part of the “movable member” which performs the function of establishing gauge pressure, the claim cannot read on devices lacking a pressure chamber. The E-Z Flo has a diaphragm which does not serve the same functions as a pressure chamber. It is true that the pressure chamber is a part of the “movable member,” and it is also true that the diaphragm in the E-Z Flo does not serve all of the functions of the pressure chamber. These facts are, however, irrelevant. What is important is whether a pressure chamber is required by the patent to perform the specified function of establishing positive pressure. To speak to this issue, among others, Pharos offered the expert testimony of Dr. Gordon Moskowitz, a professor of mechanical engineering who has conducted research on various types of breathing respirators, published numerous articles in the field of breathing apparatus, and has designed and developed breathing respirators for the National Institutes of Health and the National Science Foundation. PX-63; Transcript of Hearing, D.I.s 219-221 (“Tr.”) at 84-85. The evidence, as adduced by Dr. Moskowitz, whose testimony the Court credits, demonstrates that the pressure chamber is not required for the establishment of positive pressure in the mask. Tr. 168. The pressure chamber is merely a part of a structure (or type of a structure) — the movable member — which performs the function of establishing positive pressure. The pressure chamber, essentially the movable member, accomplishes this result by moving back and forth according to a user’s inhalation and exhalation, releasing the detent mechanism at the appropriate time, thereby opening and closing a valve connected to the pressurized oxygen. There has been no showing that a pressure chamber is intrinsic to the performance of these tasks. The pressure chamber, in addition to being a movable member, serves other, safety related functions (principally through the operation of the exhalation valve (15), and through the existence of a double walled structure separating the inhalation area from the exhaust port). These safety related functions indisputably are not, however, the subject matter of claim 1 of the ’145 patent; they have no relationship to the establishment of positive pressure. Nor does the claim or specification allude to any other reason suggesting that the movable member must be a pressure chamber. Thus, the fact that the ’145 patent specifies a movable member in the form of a pressure chamber is merely fortuitous; the existence of a pressure chamber vis-a-vis some other movable member is unimportant in light of the functions claim 1 requires a movable member to perform. Second, Figgie argues that the prosecution history demonstrates that a pressure chamber is a requirement of the claims in the ’145 patent. Specifically, Figgie asserts that although the Patent Examiner deleted the reference in Claim 1 to “pressure chamber” and substituted the phrase “movable member,” he did not indicate that a pressure chamber was not necessary to distinguish the invention of the ’145 patent over the prior art. The applicants for the patent had argued that a pressure chamber distinguished the invention over the prior art. The evidence not only belies Figgie’s argument, but also lends support to the conclusion, reached above, that the pressure chamber is not necessary for establishing positive pressure. Figgie has proffered no evidence that the Patent Examiner considered the pressure chamber as an improvement over the prior art. In fact, the Patent Examiner apparently had concluded that the pressure chamber was not a distinguishing feature, and, more importantly, not necessary to the establishment of positive pressure. In deleting the reference to the pressure chamber in the original claim, the Patent Examiner remarked: The claim, as amended, now defines the structure of the valve necessary for establishing a gauge pressure therein and which includes a “detent means” releasable in response to an inhalation effort. Such combination structure patentably distinguishes over the prior art references of record. Patent Examiner’s Statement of Reasons for Allowance, PX-33. In sum, both the specification and prosecution history demonstrate that the movable member taking the form a pressure chamber is merely the “preferred embodiment” of the invention in the ’145 patent; therefore, the movable member need not be a pressure chamber. ii. comparison of the “movable member” with the corresponding structure in the E-Z Flo As the Court has determined that the movable member need not be a pressure chamber, it must consider whether the claimed “movable member” is equivalent to the corresponding means in the E-Z Flo. The Court concludes that the “movable member” of the ’145 patent—whether or not in the form of a pressure chamber—and the diaphragm of the E-Z Flo Regulator are equivalent structures. Most important, the movable member of the ’145 device and the diaphragm of the E-Z Flo each consist of the same basic elements or substructures. Each consists of a rubber disc(s) lined around its perimeter with a flexible ring which is in turn attached to the housing. Each contains some opening for the escape of waste gases from one side of the movable member/diaphragm to the other, and some means for closing those openings at appropriate times (the valves in each case are normally closed). Each has a coil spring biasing means. Additionally, the movable members in both the invention of the ’145 patent and the E-Z Flo accomplish the same result in the same way, ie. they perform the same function in way that further demonstrates their structural equivalence. The diaphragm in the EZ Flo establishes positive pressure just as the movable member in the ’145 device does by moving back and forth with the user’s breathing, releasing a detent means (see infra) at the appropriate time, to open and close the valve allowing the mask to pressurize. In finding that the structures are equivalent, the Court again credits the testimony of Dr. Moskowitz. Tr. at 123-24. b. “biasing means” The biasing means is the second means of Claim 1 that must be compared with its corresponding structure in the E-Z Flo and is shown in the specification as a coil spring (19) that is attached to the housing and bears against the movable member. Figgie asserts that as the biasing means of the E-Z Flo does not bear against the movable member; that compared to the claimed means it performs different functions in different ways. The Court does not accept Figgie’s argument. First, the patent requires only that the biasing means bias the movable member toward the inlet chamber. The biasing spring of the E-Z Flo performs this function. Second, the biasing means of both devices perform that function in the same way. In the E-Z Flo, the biasing spring does not directly bear upon the diaphragm; instead it bears on the arm of the latching lever which abuts on the diaphragm. The Courts finds this difference to be immaterial; the fact that the latching lever of the E-Z Flo is interposed between the biasing spring and the diaphragm appears to be of incidental importance. The fact remains that each spring applies force directed against the movable member/diaphragm, thereby operating in the same fashion. c. “means for releasing gauge pressure” The final means to be compared under § 112 is that for “releasing gauge pressure.” The “means for releasing gauge pressure ...” refers to the means by which the patented device allows exhaled gases to flow from the inhalation chamber to the exhalation chamber on the other side of the movable member, and ultimately out of the regulator. Figgie claims that the patent and the E-Z Flo employ different means to accomplish the function of releasing gauge pressure. In the patented device, gauge pressure is released (and exhaled gases allowed to escape) when the movable member moves a predetermined distance, toward the exhalation chamber, whereupon a lug (17), located on the periphery of the housing, causes the two discs of the movable member to separate so that gas may pass from the inhalation chamber to the exhalation chamber. Figgie denies that the lug is the releasing means, contending that it is instead the exhalation valve (15). The testimony of Dr. Moskowitz, which the Court credits, flatly contradicts Figgie’s assertion. He noted that the releasing means in the patent is the lug. Tr. at 151-52. Consequently, the releasing means are equivalent, as the E-Z Flo also makes use of a lug which causes the discs of the diaphragm to separate and allow air to flow from the inlet chamber to the exhalation chamber. 2. “detent means ... for moving and maintaining [the] movable member ...” Finally, Claim 1 of the 145 patent claims a detent means mounted in said housing for moving and maintaining said movable member toward said exhalation chamber against said biasing means whereby said inlet valve means is maintained in its closed position, said detent means including means for releasing said movable member in response to a user’s inhalation effort in said inlet chamber whereby said inlet valve opens and said gauge pressure is reestablished. The parties dispute whether the E-Z Flo has a “detent means;” assuming it does, whether the detent means includes a means for “releasing said movable member----”; and, finally, whether the “detent means” (latching lever) of the E-Z Flo performs each of the main functions described in Claim 1: “moving and maintaining said movable member a. detent means As noted above, Claim 1 requires a “detent means.” Figgie contends that the E-Z Flo Regulator does not employ a “detent,” but rather a “latching lever.” Relying on the testimony of Mr. Eugene Giorgini, Scott Aviation’s Health and Safety Division Engineering Manager, and Mr. George Vande Sande, the attorney who prosecuted the ’145 patent, Figgie would define a detent as a “spring-backed ball device.” Mr. Giorgini testified, for example: [A] detent is ... a device made by the [Vlier] Ball Plunger Company ... in which they had a set screw, which one end was hollowed out, a spring was dropped into that recess, a ball was pushed onto the spring. And the end of the set screw was swaged. Tr. at 315. Figgie further argues that because the spring-backed-ball detent is the only detent disclosed in the patent, under § 112 ¶ 6 the “spring-backed-ball” definition must be recognized as controlling even if there are other definitions of “detent.” The term “detent” is not defined anywhere in the patent. It has, however, an ordinary and plain meaning. The McGraw-Hill Dictionary of Scientific and Technical Terms defines a detent as: “A catch or lever in a mechanism which initiates or locks movement of a part, especially escapement mechanisms.” Tr. at 349. The Court does not credit the testimonies of Mr. Giorgini and Mr. Vande Sande to the extent they conflict with that definition, and credits the testimony of Dr. Moskowitz, which is consistent with that definition: “[A] detent in a general sense is a stop or catch that can be applied in a mechanism such that [after removing a “cap”], it stops ... motion, and [after removing the catch], there is an immediate movement of the mechanism.” Tr. at 125. The parties do not appear to dispute that this definition describes each of the mechanisms at issue. The specification, while not defining the term detent, describes a detent as comprising a bail, or lever, and a catch: This detent device comprises a slightly springy steel wire bail ... which has a straight central section ... which in the engaged position ... bears against the arm. [T]he catch ... consists of a sprung arm bearing against the wall of a unit ... and fitted at its free end, on the side facing the wall, with a boss ... which, when the catch is on, slips into a recess provided for it in the wall of a unit. Thus, the specification describes a detent which conforms with the ordinary definition of a detent. It describes, however, a specific type of detent; therefore, the court must determine whether the detent described in the ’145 patent and the “latching lever” of the E-Z Flo Regulator are the same or equivalent structures. As the patent claim uses the term “detent,” its meaning guides the inquiry. As noted above, the patent specification describes a detent as consisting of two basic components: a lever and a catch. While the specification describes ‘ each component in more detail, it is thé lever and catch structure, used in combination with a spring, that enables the detent described in the patent to perform its function. (The functions are described in detail infra.) In general, the catch allows the detent, and hence the regulator, to remain in the off position, the lever releases the catch upon inhalation, and the spring tends to drive the lever to release the catch upon inhalation. The “latching lever” of the E-Z Flo is the equivalent of the detent in the 145 invention. As an initial matter, each is a detent under the plain meaning of the term. Additionally, the “latching lever” has the same basic components, a lever and a latch, that perform the same basic functions as the 145 detent. Moreover, both the “latching lever” and 145 patent’s detent are activated by springs. The “latching lever” does not have a separate spring for this purpose (as does the detent in the 145 patent); instead, the biasing spring acts upon the latching lever in addition to its other functions. Figgie has not shown, however, that this difference.has any functional importance. Compare Radio Steel & Manufacturing Company v. MTD Products, Inc., 731 F.2d 840, 848 (Fed.Cir.1984) (in a means plus function claim, where an accused structure performs a function disclosed in the patent and also performs additional functions not performed by the relevant .structure in the specification, the two structures may be equivalent for the purposes of § 112 ¶ 6). In that light, Dr. Moskowitz, whose testimony the Court credits, and Mr. Replogle each described the “latching lever” as a detent. PX-58, p. 3. Finally, while the question of whether the E-Z Flo infringes the 145 patent does not turn on whether the mechanism in the E-Z Flo should be labelled a “detent” or a “latching lever,” the fact that the original drawings of the E-Z Flo describe the “latching lever” as a “detent” further supports a concl