ENERGIZER HOLDINGS v. INTERNATIONAL TRADE COM'N

No. 05-1018.

435 F.3d 1366 (2006)

ENERGIZER HOLDINGS, INC. and EVEREADY BATTERY COMPANY, INC., Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Pt International Chemical Industrial Co. Ltd., Intervenor, and Golden Power Industries, Ltd., Guangdong Chaoan Zhenglong Enterprise Co., Ltd., Guangzhou Tiger Head Battery Group Co., Ltd., Fujian Nanping Nanfu Battery Co., Ltd., Hi-Watt Battery Industry Co., Ltd., Ningbo Baowang Battery Co., Ltd., Sichuan Changhong Electric Co., Ltd., Zhejiang 3-Turn Battery Co., Ltd., and Zhongyin (Ningbo) Battery Co., Ltd., Intervenors.

United States Court of Appeals, Federal Circuit.

January 25, 2006.


Attorney(s) appearing for the Case

Randall G. Litton, Price, Heneveld, Cooper, DeWitt & Litton, LLP, of Grand Rapids, Michigan, argued for appellants. With him on the brief were Eugene J. Rath III and Matthew J. Gipson; Of counsel on the brief were V. James Adduci II and Maureen F. Browne, Adduci, Mastriani & Schaumberg, L.L.P., of Washington, DC. Of counsel were Michael L. Doane, David T. Nickel, Sarah E. Hamblin and S. Alex Lasher.

Wayne W. Herrington, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With him on the brief was James M. Lyons, General Counsel. Of counsel was Neal J. Reynolds, Attorney.

Kent R. Stevens, of Washington, DC, argued for intervenor PT International Chemical Industrial Co., Ltd.

Steven P. Hollman, Hogan & Hartson L.L.P., of Washington, DC, argued for intervenors Golden Power Industries, Ltd., et al. With him on the brief were Christopher T. Handman, Susan M. Cook and Jessica L. Ellsworth; Of counsel on the brief were William E. Thomson, Jr., Wei-Ning Yang, Yoncha L. Kundupoglu and Olga Berson, of Los Angeles, California. Of counsel was Robert B. Wolinsky.

Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and SCHALL, Circuit Judge.


PAULINE NEWMAN, Circuit Judge.

Energizer Holdings, Inc. and Eveready Battery Company, Inc. (collectively "EBC") appeal the ruling of the International Trade Commission in an action under section 337 of the Tariff Act of 1930 as amended (19 U.S.C. § 1337), holding all of the claims of EBC's United States Patent No. 5,464,709 ("the '709 Patent") invalid for failure to comply with 35 U.S.C. § 112 ¶ 2.

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