LG Electronics USA, Inc., the North American subsidiary of South Korean Consumer electronics and mobile communications company LG Electronics, Inc. (LGERF.PK), announced Monday that a U.S. International Trade Commission, or ITC, judge ruled in favor of the company in the final lawsuit by U.S. electronics maker Whirlpool Corp. (WHR), concerning refrigerator products from LG.
The company noted that Judge Theodore Essex's ruling late Friday that Whirlpool's U.S. Patent for ice storage bins located in refrigerator doors is not infringed by any of the accused LG side-by-side or the LG French door models is a complete victory. Also, the Judge found that all of the asserted claims of the '130 patent are invalid.
LG said the decision will become ITC's final decision in about four months, unless modified by the ITC on an appeal.
In January, Whirlpool had filed complaints against LG with the ITC, seeking a sales ban of LG refrigerators in the U.S., which it claims violated five Whirlpool patents. Whirlpool subsequently dropped four of the five complaints. The ITC ruled on February 26 that the Whirlpool '130 patent does not cover LG refrigerators. In June, the ITC Commissioners refined the interpretation of the '130 patent and asked the Judge to decide the remaining disputed issues, based on the Commission's interpretation.
LG added that Judge Essex has now completed his analysis, and concluded for the second time that LG's refrigerators are not covered by Whirlpool's patents and thus the ITC should not grant any relief to Whirlpool. This was after considering all of the evidence and the ITC's new interpretation of the '130 patent.
Following Whirlpool, LG also filed its own patent infringement cases against Whirlpool, now pending in the U.S. District Court for the District of Delaware. The company noted that it seeks monetary damages and an injunction against Whirlpool products that it believes are covered by LG's patents, and the case is scheduled for trial in March 2010.
LG also said that it filed another lawsuit on October 7, 2009 against Whirlpool's French door refrigerator in the U.S. District Court of New Jersey.
Young Ha Lee, chief executive of LG's home appliance unit, said in the statement, "LG has a superior technology in French-door refrigerators protected by its patents. LG respects the intellectual property of others, and LG will aggressively enforce its own IP rights against infringement by others."
LGERF.PK last traded on February 6 at $0.445.
WHR closed Friday's regular trading session at $70.50, up $0.89 or 1.28%, on volume of 894 thousand shares. In the after-hours trading shares fell $0.89 or 1.26% to $69.61.
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