Energizer Wins United States Court of Appeals for the Federal Circuit Appeal
20 February 2006 Energizer Holdings, Inc. (NYSE: ENR) announced today that the United States Court of Appeals for the Federal Circuit (CAFC) ruled in an unanimous decision that the U.S. International Trade Commission (ITC) erred in 2004 when it concluded that Energizer's patent covering mercury-free batteries was invalid. The CAFC reversed an earlier ITC decision and remanded the case to the ITC for further proceedings.
On October 1, 2004, the ITC issued notice of its decision to terminate the investigation as to whether the importation into, and sale in the United States of, certain zero-mercury-added alkaline batteries infringed Energizer Holdings, Inc.'s Patent 5,464,709. The Commission rejected the Initial Determination of the Administrative Law Judge in favor of Energizer, and determined that Energizer's claims were invalid for indefiniteness. Energizer appealed this determination to the CAFC. On January 25, 2006, the CAFC overruled the ITC Commission's determination, and remanded the case back to the ITC for further proceedings. In the ITC, Energizer will again seek the general exclusion remedy, which will bar infringing batteries, including those made or sold by Respondents from importation or sale in the United States by United States Customs.
Energizer Holdings, Inc., headquartered in St. Louis, Missouri, is one of the world's largest manufacturers of primary batteries and flashlights and is the parent company of Schick-Wilkinson Sword, the second largest manufacturer of shave products in the world.
Source: prnewswire
All trademarks and copyrighted information contained herein are the property of their respective owners.
Related Articles
|
