Energizer Keeps Going

CHICAGO, Oct. 31 /PRNewswire/ -- Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the United States, today announced that Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin granted a preliminary injunction in a patent infringement case on behalf of its client, Energizer Holdings, Inc. and Eveready Battery Co., Inc. (Energizer). Energizer is the manufacturer of a variety of primary batteries including the Energizer(R) Ultimate Lithium and Advanced Lithium performance brands. Among other activities, the preliminary injunction prevents defendant, Spectrum Brands, Inc. (Spectrum), from importing and selling its Rayovac-branded primary lithium batteries in the United States until after a jury trial and final decision on the merits of Energizer's patent infringement claims, which is set for October 2009.

Brinks attorney Gary Ropski called the decision "an optimal result for our client Energizer, the leading innovator in primary lithium batteries. This injunction protects Energizer's significant investment in its Ultimate Lithium and Advanced Lithium high performance batteries."

Energizer filed suit against Spectrum Brands, an Atlanta-based company with a battery division in Wisconsin, that imported and sold primary lithium AA and AAA batteries manufactured in China under the Rayovac Lithium brand name.

Brinks client, Energizer, asserts that Spectrum willfully infringed Energizer's U.S. Patent No. 5,290,414, regarding a Separator/Electrolyte Combination for a Non-Aqueous Cell, and its U.S. Patent No. 6,849,360, regarding a Non-Aqueous Electrochemical Cell with Improved Energy Density. Energizer will continue to seek damages and a permanent injunction against future infringing activities.

Brinks attorneys representing Energizer are Gary M. Ropski, Thomas J. Filarski, Charles M. McMahon and Jeffrey A. Marx.

Energizer Holdings, Inc. , headquartered in St. Louis, MO, is one of the world's largest manufacturers of primary batteries, battery-powered devices and flashlights. Energizer, a global leader in the dynamic business of providing portable power geared toward the new digital age, offers a full portfolio of products including the Energizer(R) MAX(R) premium alkaline brand; Energizer(R) Ultimate Lithium and Energizer(R) Advanced Lithium performance brands; Nickel Metal Hydride (NiMH) Rechargeable batteries and chargers.

The Energizer product line also includes specialty batteries for hearing aids, health and fitness devices, as well as for keyless remote entry systems, watches and other uses. Through its flashlight and lighting products unit, Energizer brings consumer insight and innovation to these important household devices. Energizer continues its role as a technology leader for on-the-go lifestyles with its Energizer(R) Energi To Go(R) line of portable battery-driven power packs for cell phones and audio devices. For more information, visit http://www.energizer.com/.

Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with five additional offices across the country, including Ann Arbor, serving the intellectual property needs of clients from around the world. The firm is one of the largest IP law firms in the country, with more than 170 attorneys, scientific advisors and patent agents specializing in intellectual property litigation and all aspects of patent, trademark, copyright, trade secret, unfair competition, intellectual asset management, and technology and licensing agreements. Brinks routinely handles assignments in fields as diverse as electrical, chemical, mechanical, biotechnology, pharmaceutical, nanotechnology, Internet and computer technology, as well as in trademarks and brand names for a wide variety of products and services. For more information, visit http://www.usebrinks.com/.

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