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Energizer Files Second Appeal of ITC Battery Ruling

Energizer Holdings, Inc. Press Release

FlashlightNews.org - 6/13/2007

Company will appeal International Trade Commission's final determination to the United States Court of Appeals for the Federal Circuit

Energizer e2 Batteries

Energizer e2 Batteries

ST. LOUIS, Mo. - On June 2, 2003, the US International Trade Commission instituted an 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 (NYSE: ENR) Patent 5,464,709.

On October 1, 2004, 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.

On January 25, 2006, the Court of Appeals for the Federal Circuit reversed the Commission's decision, and remanded the case back to the ITC. On January 25, 2006, the ITC Commission in a split decision again opined that Energizer's claims were invalid for indefiniteness.

Energizer has appealed this determination to the United States Court of Appeals for the Federal Circuit. On May 30, 2007, Energizer filed an appeal brief with the United States Court of Appeals for the Federal Circuit. The ITC Commission ruling has no effect on the validity of US Patent 5,464,709.

About Energizer Holdings, Inc.

Energizer Holdings, Inc., headquartered in St. Louis, Missouri, is one of the world's largest manufacturers of primary batteries and flashlights and is the parent company of Schick-Wilkinson Sword, the second largest manufacturer of shave products in the world.











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