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Chinese battery makers welcome US court's verdict
www.chinaview.cn 2006-01-26 00:12:53

    BEIJING, Jan. 26 (Xinhua) -- Chinese battery makers said here Thursday that they welcomed the verdict made by the U.S. Court of Appeal for the Federal Circuit, which turned off the appeal of the Energizer Holdings against the U.S. International Trade Commission(ITC) on battery patent.

    The verdict issued by the court on Jan. 25 means that the ITC's decision to terminate the investigation into the alleged infringement on intellectual property rights by Chinese battery makers was valid, a senior official with China's Fujian Nanping Nanfu Battery Co., Ltd. said.

    In April 2003, the U.S. Energizer Holdings complained, in the name of its subsidiary Eveready, to the ITC that the zero-mercury-added alkaline batteries exported to the United States by 24 manufacturers including those from China had infringed its U.S. patent and requested to initiate the procedure of investigation under "Section 337 of the U.S. Tariff Act".

    In June 2004, the ITC ruled preliminarily that nine manufacturers from Chinese mainland and Hong Kong infringed the legitimate and valid patent of the U.S. Energizer, recommending a ban on the import of the batteries accused of infringement.

    In October 2004, the ITC made the final decision that the Energizer's patent was invalid because of its indefinite right, and terminated the investigation of the above battery manufacturers under Section 337.

    Energizer then appealed to the U.S. Court of Appeals for the Federal Circuit, putting the ITC as defendant.

    The official with the Fujian Nanping Nanfu Battery Co., Ltd. said the verdict of the U.S. court indicated that the Chinese battery makers have finally won the three-year-long lawsuit.

    He said the victory is a great encouragement to Chinese exporters, who are currently besieged by various trade barriers. "It also helps clear the obstacles for Chinese batteries to enter the U.S. market."

    The Fujian company is one of the largest alkaline battery manufacturers and suppliers in China. Enditem

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