February 24, 2010
Contact: Andy Sonu, 571.203.2700
Partner
WASHINGTON, DC – On February 12, 2010, the ITC denied all of Whirlpool’s claims for relief in a Section 337 action between Finnegan client LG Electronics and its competitor Whirlpool, resulting in a total victory for LG Electronics. Judge Theodore R. Essex had previously ruled that LG refrigerators are not covered by Whirlpool's U.S. Patent No. 6,082,130. The ITC later revised the claim interpretation of the ‘130 patent and asked the judge to reconsider the remaining disputed issues based on its new interpretation. On Oct. 9, 2009, Judge Essex applied the ITC’s interpretation and again found that the ‘130 patent does not cover LG refrigerators and also concluded that all but one of the asserted claims is invalid. Whirlpool originally claimed that five of its patents covered LG refrigerators. During the course of the case, Whirlpool withdrew four of those patents prior to the hearing
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