Press Release

Salton, Inc. Announces ITC Judge Finds Competitors Violated LitterMaid(R) Patent

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Posted 03 December 2008 @ 05:03 pm ET

MIRAMAR, Fla., Dec. 3 /PRNewswire/ -- Salton, Inc., a leading marketer anddistributor of home appliances and its wholly owned subsidiary, ApplicaConsumer Products, Inc., today announced that a U.S. International TradeCommission (ITC) Judge ruled in its favor on claims that competitors wereinfringing the patent that protects its LitterMaid(R) brand self-cleaninglitter box products.

The ITC Judge ruled that cat litter boxes and accessories being importedinto the United States by Lucky Litter LLC of Chicago, Illinois, and OurPet'sCompany of Fairport Harbor, Ohio, infringe the LitterMaid(R) patent. Theinfringement findings cover all Lucky Litter LLC self-cleaning litter boxproducts sold under the "ScoopFree" brand name, all ScoopFree replacementlitter cartridges, and all OurPet's Company self-cleaning litter box productssold under the "SmartScoop" brand name.

In addition to his finding that the LitterMaid(R) patent was infringed,the ITC Judge found that the patent is valid and enforceable. To stop furtherimportation of infringing products into the United States by Lucky Litter LLC,OurPet's Company, or any other third party, the Judge recommended that ageneral exclusion order be issued in the case.

Salton had previously prevailed in the ITC Investigation against DoskocilManufacturing Company of Arlington, Texas, who sold self-cleaning litter boxesand accessories under its "Purrforma" brand name. The investigation as toDoskocil terminated earlier this year when Doskocil agreed not to sell orimport into the United States its "Purrforma" litter boxes and accessories.

The initial determination containing the infringement ruling followed anITC hearing conducted in August. A final determination by the full Commissionis expected in March.

"We filed this case for a very simple reason," said Terry Polistina,Salton's President and Chief Executive Officer. "Our property was beingknowingly and unfairly exploited. We have a responsibility to protect ourpatents and to seek a fair return for the many years and tremendous investmentthat we have made in developing the LitterMaid(R) brand of products."

Salton pioneered the growth of the automated litter box category under theLitterMaid(R) brand through research, design and engineering. Incorporatingadvanced design and technology, LitterMaid(R) branded products continue tooffer cat owners a cleaner, healthier, and more convenient environment fortheir cat. LitterMaid(R) Self-Cleaning Litter Boxes are available in avariety of models and sizes, providing cats and owners the option of selectingthe most suitable specific litter box tailored to individual needs.

Salton has two related suits pending in the U.S. District Court for theEastern District of Texas seeking monetary damages and other remedies. There,Salton is pursuing infringement claims based on other patents in addition tothe patent brought before the ITC.

Salton is represented by Baker Botts L.L.P. in the ITC and the districtcourt cases.

Based in Miramar, Florida, Salton and its affiliates are leading marketersand distributors of a broad range of branded small household appliances.Salton markets and distributes small kitchen and home appliances, pet and pestproducts, and personal care products. Salton has a broad portfolio of wellrecognized brand names, including Black & Decker(R), George Foreman(R),Russell Hobbs(R), Toastmaster(R), LitterMaid(R), and Farberware(R). Salton'scustomers include mass merchandisers, specialty retailers and appliancedistributors. Applica Consumer Products, Inc. is a wholly owned subsidiary ofSalton.

SOURCE Salton, Inc.


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