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Whirlpool Loses ITC Complaint Against LG Electronics
On February 12, 2010, the United States International Trade Commission (“ITC”) issued its final decision, ending its investigation by finding that LG Electronics, Inc., and its U.S. and Mexican subsidiaries (“LG”), did not infringe any valid claims of the refrigerator patents of Whirlpool Patents Company and its affiliates (“Whirlpool”). While the investigation initially related to five of Whirlpool’s patents, Whirlpool withdrew its complaint in respect of two of them, and the parties reached a settlement in respect of the two others. In respect of the remaining patent subject to the investigation (Whirlpool’s U.S. Patent 6,082,103), the Commission ultimately found that all but one of the claims alleged to be infringed were invalid and that LG did not infringe the sole valid claim at issue.
Whirlpool obtained its disappointing result quickly. Initially filed on January 23, 2008, the complaint resulted in an investigation being commenced on February 26, 2008 and a final determination less than 24 months later. Challenges by the parties to the ITC at various stages in respect of the Administrative Law Judge’s claims construction and preliminary findings delayed the proceedings by less than 9 months from the original 15 month target date.
In the ongoing dispute between the companies over French door style refrigerator innovation, LG has outstanding infringement actions against Whirlpool in the U.S. District Court of Delaware (that case is scheduled for trial in March 2010) and in the U.S. District Court of New Jersey (only brought on October 7, 2009).
For additional information, visit:
For the Notice of Investigation In Re: Certain Refrigerator And Components Thereof, US ITC Inv. No. 337-TA-632, visit:
For the Notice of the Commission’s Final Determination of No Violation of Section 337, in US ITC Inv. No. 337-TA-632, visit:
For the public record in this or other US ITC Investigations, visit:
http://edis.usitc.gov (password and registration required).