U.S. International Trade Commission Enters Final Decision in Favor of LG Electronics in Whirlpool Refrigerator Patent Case Tweet

WASHINGTON -- Ruling in favor of LG Electronics, the U.S. International Trade Commission (ITC) has issued its final decision in a long-running refrigerator patent infringement case brought by Whirlpool Corporation. In its decision, the ITC denied the final remaining patent infringement claim by Whirlpool, denying all of Whirlpool's claims for relief and resulting in a total victory for LG Electronics over all of Whirlpool's patent infringement claims.

The ITC ruled that all but one of the asserted claims of Whirlpool's U.S. Patent No. 6,082,130 for ice storage bins located in refrigerator doors are invalid. The ITC further found that the one remaining claim of the '130 patent does not cover LG's refrigerators and thus is not infringed. As a result, the Commission found no violation and terminated the investigation.

This final decision issued late Friday is the culmination of a trial before ITC Judge Theodore R. Essex, who ruled in favor of LG under his interpretation of the '130 patent and again ruled in favor of LG under the ITC's interpretation of that patent. Unless Whirlpool appeals this decision and eventually persuades the Court of Appeals for the Federal Circuit to reverse these rulings, the ITC's final decision will remain controlling.

Whirlpool originally claimed that five of its patents covered LG refrigerators. During the course of the case, Whirlpool withdrew four of those patents prior to the trial. On Feb. 26, 2009, Judge Essex ruled that that Whirlpool's U.S. Patent No. 6,082,130 does not cover any LG refrigerators; however, the ITC later revised the interpretation of the '130 patent and asked the judge to reconsider the remaining disputed issues based on its new interpretation.

On Oct. 9, 2009, Judge Essex applied the ITC's interpretation and again found that the '130 patent does not cover LG refrigerators and also concluded that all but one of the asserted claims is invalid. The Judge ruled that the ITC should not grant any relief to Whirlpool. That ruling led to the final ITC determination rejecting all of Whirlpool's claims for relief.

LG is one of the fastest growing home appliance brands in the United States. "The final ITC decision reaffirms our leadership in refrigerator technology," said Y.H. Lee, president and CEO of the LG Electronics Home Appliance Company. James Shad, president of LG Electronics USA, Inc., said, "The ITC's final determination, which eliminates a threat by a competitor to block imports of LG refrigerators, is welcome news for LG customers."

After Whirlpool filed the ITC case, LG filed its own patent infringement cases against Whirlpool, now pending in the U.S. District Court for the District of Delaware. In that consolidated case, LG seeks monetary damages and an injunction against Whirlpool products that it believes are covered by LG's patents. Whirlpool, in response, has asserted patent infringement claims against LG's refrigerators, including the '130 patent that was at issue in the ITC case. In the Delaware case, LG seeks a judgment that the '130 patent is both invalid and not infringed. That case is scheduled for trial in March 2010.

On Oct. 7, 2009, LG Electronics filed another lawsuit against Whirlpool's French door refrigerators in the U.S. District Court of New Jersey. "LG not only respects other companies' intellectual property (IP) but also seeks to protect its own IP. LG has a superior technology in French door refrigerators protected by its patents. LG will aggressively enforce its rights against any infringing products," said D.H. Song, executive vice president in charge of LG's refrigerator division.

About LG Electronics USA

LG Electronics USA, Inc., based in Englewood Cliffs, N.J., is the North American subsidiary of LG Electronics, Inc., a global force and technology leader in consumer electronics, home appliances and mobile communications. In the United States, LG Electronics sells a range of stylish and innovative home entertainment products, mobile phones, home appliances and business solutions, all under LG's "Life's Good" marketing theme. For more information, please visit www.LGusa.com.

About LG Electronics, Inc.

LG Electronics, Inc. (KSE: 066570.KS) is a global leader and technology innovator in consumer electronics, mobile communications and home appliances, employing more than 84,000 people working in 115 operations including 84 subsidiaries around the world. With 2009 global sales of 55.5 trillion Korean Won (US$43.4 billion), LG comprises five business units– Home Entertainment, Mobile Communications, Home Appliance, Air Conditioning and Business Solutions. LG is one of the world's leading producers of flat panel TVs, audio and video products, mobile handsets, air conditioners and washing machines.

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