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Battery maker wins lawsuit on IPR
By Diao Ying (China Daily)
Updated: 2008-06-02 14:44 A recent US court's decision to shoot down the patent infringement claims of a US battery maker has ended a lengthy case against Chinese battery manufacturers and marks the first victory of Chinese enterprises in similar trade disputes. "It lasted five years and cost millions of dollars," the China Battery Industry Association said in a press release. "But the victory marks a perfect ending." Experts said the win would put Chinese battery enterprises in a better position to tap overseas markets, the US in particular, which have seen an annual two-fold increase in recent years. According to Wang Jingzhong, spokesman for the association, China batteries cost only half that of their US-made counterparts, so the Chinese battery makers are in a very competitive position in the US market. Five years ago, citing Section 337 of the US 1930 Tariff Act, Energizer filed a complaint with the Washington-based US International Trade Commission (ITC), a quasi-judicial agency whose role is to determine import injury to American industries. In its complaint, Energizer asked the ITC to issue a cease-and-desist order and bar 28 foreign companies from exporting and selling household-size mercury-free alkaline batteries in the United States. Energizer claimed that batteries from China and several other countries had infringed on its mercury-free alkaline battery patent. Of the 28 companies cited by Energizer, seven are from the Chinese mainland, including Fujian Nanping Nanfu Battery Co Ltd, Zhongyin (Ningbo) Battery Co Ltd, Guangzhou Tiger Head Battery Group Co Ltd, and Sichuan Changhong Electric Co Ltd. Under Section 337, imported goods can't be sold in the United States if they have been determined to be violating American patent rights. This provision has affected many companies in developing countries that hope to export products to the United States. (For more biz stories, please visit Industries)
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