Legal Eagle Review News

On April 7, 2009, the U.S. International Trade Commission (ITC) issued a limited exclusion order prohibiting importation of the original versions of Lucky Litter’s ScoopFree self-cleaning litter boxes that are covered by claim 33 of U.S. Patent Re. 36,847. Lucky Litter redesigned its self-cleaning litter boxes in December 2008 to avoid the reason why the ITC found its original products were covered by claim 33 of the ‘847 patent.

In April, Lucky Litter gave Customs samples of its redesigned self-cleaning litter boxes, its new manual litter box and replacement litter cartridges for both products. Customs issued letters in the past week confirming that none of these products are covered by the ITC’s limited exclusion order.

Almost immediately after the ITC issued its order, Applica Consumer Products, Inc. (Applica) began misinforming Lucky Litter’s customers that Lucky Litter would not be able to import any ScoopFree products. Customs’ rulings make it clear that Applica’s statements are not true, and that Customs will permit the importation of the redesigned ScoopFree self-cleaning litter boxes. Contrary to Applica’s earlier statements, the ITC order – which takes effect June 6, 2009 – will not prevent Lucky Litter from supplying any of its current products to its customers.

“We are very pleased with Customs’ rulings,” said Alan Cook, President and CEO of Lucky Litter. “We are especially grateful Customs would devote its attention to this matter and issue these letters so quickly. These letters disprove the false statements and rumors Applica has been spreading about Lucky Litter and its products. We are grateful for the support of retailers, distributors and consumers who have supported us throughout the litigation process.”

Lucky Litter is no longer importing the original self-cleaning litter boxes covered by the ITC’s order. Lucky Litter, however, believes that the ITC’s decision is incorrect. “We intend to appeal the ITC’s decision,” said Alan Cook. Lucky Litter will appeal the ITC’s decision concerning the original models of its ScoopFree self-cleaning litter boxes to the United States Court of Appeals for the Federal Circuit. Lucky Litter’s appeal is due by August 5, 2009.

Because the ITC’s decision will be reviewed by the Court of Appeals, the lawsuit filed by Applica in Marshall, Texas for infringement of the ‘847 patent will continue to be stayed until after the Court of Appeals issues its decision.

In addition to the review of the ITC decision by the Court of Appeals, the United States Patent and Trademark Office (Patent Office) has decided to reexamine the claims of the ‘847 patent that were asserted against Lucky Litter. The Patent Office has found that substantial new questions of patentability exist with respect to those claims. Lucky Litter expects that the Patent Office will complete its review of claim 33 before the federal court litigation resumes in Marshall, Texas.

Lucky Litter continues to grow and innovate while setting industry standards for customer service. Its products consistently receive the highest consumer ratings on leading retailer websites. The new ScoopFree Slide easy-clean litter box is available nationally in leading retailers and websites. Lucky Litter’s latest introduction, FroliCat™ BOLT™ automatic laser toy, swept the awards at the pet industry’s largest annual trade show, Global Pet Expo. BOLT was named “Best in Show/Cat Category” by retail buyers and honored by Dr. Marty Becker, esteemed veterinarian, as the best new product in the show in his first-ever “Becker Best of Show” award. BOLT has been featured on Good Morning America, The Tonight Show with Jay Leno and the CBS Early Show.