Applica Consumer Products, Inc. v. International Trade Commission
Docket: Nos. 2009-1292, 2009-1470, 2009-1474
Court: Court of Appeals for the Federal Circuit; June 23, 2010; Federal Appellate Court
The International Trade Commission (ITC) found that Lucky Litter LLC and OurPet’s Company violated Section 337 of the Tariff Act of 1930 by unlawfully importing, selling, or distributing certain self-cleaning litter boxes and components, infringing claim 33 of U.S. Patent No. RE36,847 ('847 patent). Consequently, the ITC issued a limited exclusion order and cease and desist orders against these companies regarding the infringing products.
Applica Consumer Products, Inc. and Waters Research Company appealed the ITC’s determination, claiming infringement of other claims of the same patent. However, based on the precedent set in *Yingbin-Nature (Guangdong) Wood Indus. Co. v. Int’l Trade Comm’n*, the appeal was dismissed due to a lack of standing, as the products in question had already been excluded by the ITC's order for infringing claim 33.
The order includes specific instructions for rebriefing related appeals (Nos. 2009-1470 and 2009-1474). Lucky Litter and OurPet’s must submit their opening briefs by July 9, 2010, and the Commission's brief is due by July 30, 2010. Applica and Waters are allowed to file a single brief by the same deadline. Reply briefs from Lucky Litter and OurPet’s are to be submitted by August 13, 2010. All briefs must adhere to word limits and avoid duplication.
Applica and Waters may argue infringement of other claims of the '847 patent as alternative grounds for affirming the ITC’s decision. Oral arguments are scheduled for September 13, 2010, at 2:00 p.m.