Chinese battery makers said in Beijing on Thursday that they
welcomed the verdict given by the United States Court of Appeal for
the Federal Circuit, on an appeal brought by Energizer Holdings
against the US International Trade Commission (ITC) on battery
The verdict issued by the court on January 25 upheld the ITC's
decision to terminate the investigation into the alleged
infringement of intellectual property rights by Chinese battery
makers, a senior official with China's Fujian Nanping Nanfu Battery
Co. Ltd. said.
In April 2003, the US-based Energizer Holdings complained, in
the name of its subsidiary Eveready, to the ITC that the
zero-mercury-added alkaline batteries exported to the US by 24
manufacturers including those from China had infringed its US
patent, and requested the initiation of investigations under
Section 337 of the US Tariff Act.
In June 2004, the ITC gave a preliminary ruling that nine
manufacturers from the Chinese mainland and Hong Kong infringed the
legitimate and valid patent of Energizer, recommending a ban on the
import of the batteries in question.
But, in October 2004, the ITC decided that Energizer's patent
was invalid because of its indefinite right, and terminated the
Energizer then appealed to the US Court of Appeals for the
Federal Circuit, naming the ITC as defendants.
The Chinese official said the victory is a great encouragement
to Chinese exporters, who are besieged with trade barriers.
Fujian Nanping Nanfu is one of the largest alkaline battery
manufacturers and suppliers in China.
(Xinhua News Agency January 27, 2006)