In Red-Hot Refrigerator War, LG Scores ITC Win over Whirlpool

By Andrew Longstreth

October 12, 2009

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LG Electronics and Whirlpool are heating up their IP battle over how to keep things cold.

On Monday, LG announced that International Trade Commission administrative law judge Theodore Essex has rejected Whirlpool's final claim that LG refrigerators infringe one of its patents. (Whirlpool had initially alleged infringement of five patents but withdrew claims on four of them.) LG, represented by Finnegan, Henderson, Farabow, Garrett & Dunner, called Judge Essex's ruling a "complete victory" and said that if the ITC does not amend the ruling, it will become final in four months.

We left a message with Baker Botts partner Paul Morico, who represents Whirlpool, but didn't hear back. A spokesperson for Whirlpool declined comment to Reuters.

With the ITC matter close to resolution, LG is going on offense. Last week its lawyers at Ropes & Gray filed a New Jersey federal district court complaint claiming that Whirlpool's refrigerators infringe its patents. LG is also a plaintiff in a case against Whirlpool in federal district court in Delaware, which is scheduled to go to trial in March. In that case, LG is represented by Finnegan Henderson, and Whirlpool has Baker Botts.

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