Whirlpool has won a renewed chance to argue that imported refrigerators made by LG Electronics Inc. should be banned from the U.S. market.
The U.S. International Trade Commission in Washington yesterday said it would review an administrative law judge’s findings that LG refrigerators don’t infringe a Whirlpool patent related to the storage of ice in appliances. If it finds a violation, it can ban imports of certain refrigerators. This is a big deal for Whirlpool (among other manufacturers) if LG are excluded from selling many of its products in the huge US market.
The two companies have been fighting for about two years over the U.S. market for the appliances. LG, currently the third-biggest appliance maker behind Whirlpool and Electrolux AB, aims to become the world’s biggest maker of refrigerators and washing machines by 2012.
The ITC judge has twice said LG refrigerators don’t violate Whirlpool’s patent rights related to an ice storage system that takes up less space in the freezer.
The first time, Judge Theodore Essex was ordered to reconsider his findings and in October he again said there was no violation. The six-member commission is scheduled to complete its investigation on February 9.
Whirlpool naturally said it was pleased with the decision.
“We felt the judge’s remand decision contained legal errors,” said Jill Saletta, a Whirlpool spokeswoman. She said the “decision indicates that the ITC shares our concerns. We look forward to ITC’s review and we’re expecting a favorable conclusion of this matter in early 2010.”
Seoul, Korea-based LG agreed to modify the design of the ice maker in some of its refrigerators to resolve part of the ITC dispute.