Fed. Circ. Nixes Exclusion Order In Litter Box IP Case

Law360, New York (October 7, 2010, 1:39 PM EDT) -- A federal appeals court has vacated an exclusion order that prevented self-cleaning cat litter boxes made by Lucky Litter LLC and OurPet's Co. from entering the U.S., ruling that the U.S. International Trade Commission incorrectly construed a patent asserted by Applica Consumer Products Inc.

The U.S. Court of Appeals for the Federal Circuit ruled Wednesday that the ITC improperly read an additional limitation into the patent and that without that limitation, the patent is obvious. It reversed the ITC's finding that the patent was infringed and...
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