US ITC Rejects Determination of Alkaline Batteries

October 14, 2004 by Jeff Shepard

The US International Trade Commission (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 (St. Louis, MO) 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 Vice President and General Counsel Gayle Stratmann stated, "We are disappointed with the Commission's ruling. We will wait to review the Commission's opinion when it is issued, and determine at that point our strategy for appealing the ruling."