ITC Rejects Determination of Alkaline Batteries

The U.S. 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 on Energizer Holdings Inc.’s 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.

Gayle Stratmann, Energizer vice president and general counsel said, “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.”