July 21, 2004
By: Paul Grider
Website: http://www.1st-in-batteries.com
Judge rules in favor of Energizer in patent dispute
A federal trade judge has found that importing a type of mercury-free, alkaline batteries into the United States infringes on a patent held by Energizer Holdings, the St. Louis-based company said Monday.
The ruling last Wednesday by U.S. International Trade Commission Judge Charles Bullock follows an investigation and five-week trial involving Energizer's April 2003 complaint against more than 24 makers and sellers of certain alkaline batteries without mercury.
Bullock has recommended that importation and sale of the questioned batteries be barred.
The judge's ruling is an initial one, meaning the full commission will review the matter and either accept Bullock's findings or modify them by September.
The patent covers a breakthrough invention that enabled Energizer to be the first company to commercialize zero-mercury-added alkaline batteries, said Gayle Stratmann, Energizer's vice president and general counsel. Our intellectual property is a valuable asset, and we will continue to take appropriate steps to prevent the unauthorized use of it.
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