• ITC Denies LG's Request for Reconsideration in Certain Refrigerators (337-TA-632)
  • September 3, 2009 | Author: Barry J. Herman
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On August 28, 2009, the U.S. International Trade Commission issued an Order denying the petition for reconsideration filed by Respondents LG Electronics Corp., Inc., LG Electronics, USA, Inc., and LG Electronics Monterrey, Mexico S.A. de C.V. (collectively “LG”) in Certain Refrigerators and Components Thereof (Inv. No. 337-TA-632).

    As explained in our July 8 post, the investigation was instituted on February 21, 2008, based on the complaint of Whirlpool Corp., Whirlpool Manufacturing Corp., Whirlpool Patent Corp., and Maytag Corp. (collectively “Whirlpool”).  On February 26, 2009, ALJ Theodore R. Essex issued his ID, finding no violation of Section 337 with respect to United States Patent No. 6,082,130.  On April 27, the Commission decided to review the ID in its entirety and requested briefing by the parties on the issue of claim construction.  In its July 8 Opinion, the Commission modified the ID’s claim construction for the terms “freezer compartment,” “disposed within the freezer department,” and “ice storage bin having a bottom opening.”  The Commission affirmed the ID’s construction of the term “ice maker.”

    On July 22, 2009, LG filed a petition for reconsideration of the Commission’s decision to modify the claim construction for “freezer compartment” and “disposed within the freezer compartment.”  Whirlpool opposed the petition, and the Commission Investigative Staff opposed the petition in part and supported the petition in part.

    The Commission found that LG’s petition for reconsideration did not raise any new questions and that LG had made the same arguments in previous briefing before the ALJ and the Commission.  Accordingly, the Commission found that LG’s petition did not satisfy the requirements of Commission Rule 210.47, and denied the petition.