Contact Information: CONTACT: OurPet's Company Dr. Steven Tsengas (440) 354-6500 (Ext. 111) INVESTOR RELATIONS: SM Berger & Company, Inc. Andrew Berger (216) 464-6400
OurPet's Responds to Recent Press Release From Competitor
The Related Case by Applica Against OurPet's in the United States District Court for the Eastern District of Texas Has Been Stayed
| Quelle: OurPet's
FAIRPORT HARBOR, OH--(Marketwire - April 22, 2009) - OurPet's Company (OTCBB : OPCO ), a
growing designer, developer, producer, and marketer of accessory and
consumable pet products (www.ourpets.com), responded today to an April 9,
2009 press release by Salton Inc. concerning the decision by the U.S.
International Trade Commission ("ITC") in a matter initiated by Salton
subsidiary Applica Consumer Products, Inc. against OurPet's.
As previously stated by OurPet's, the ITC found in favor of OurPet's on
eight of Applica's nine claims of patent infringement. The ITC found only
a single patent claim of U.S. Patent No. RE 36,847 infringed by an older
design of OurPet's SmartScoop® brand of self-scooping litter boxes.
While the ITC has entered orders preventing OurPet's from continuing to
import and sell its previous design of the SmartScoop® in the United
States, OurPet's has already discontinued that model, effective January
2009. OurPet's is working with U.S. Customs to ensure that the supply of
its new model of boxes is not improperly detained. The ITC decision does
not affect the sale of older design SmartScoop® currently in retailers'
inventory or on their shelves.
Although it is already distributing a new SmartScoop® model, OurPet's
will appeal the ITC decision to the Court of Appeals for the Federal
Circuit. OurPet's believes that the Federal Circuit will agree that the
ITC incorrectly interpreted the terms of the claim that it found infringed
and incorrectly failed to find that claim invalid and/or not infringed.
The United States Patent and Trademark Office is also currently reexamining
the patent claim, as it has found that there are several questions as to
whether that patent claim should have been allowed. The related case by
Applica against OurPet's in the United States District Court for the
Eastern District of Texas has been stayed, or put on hold, with respect to
the '847 patent and will not resume until the Federal Circuit appeal is
complete.
Dr. Steven Tsengas, PhD, President and CEO stated, "We are upset that our
competitor continues this process, but we are committed to defending the
intellectual property of our SmartScoop® Self-Scooping Litter Box. This
has been a very unpleasant experience, which has taken countless amounts of
time, money and effort of everyone at OurPet's. I am confident that we
will prevail. We are working with our customers to keep them updated on
this situation and so far we have received tremendous support and
understanding. We will continue to develop, refine and defend the
SmartScoop® to provide consumers with a superior, cost-effective and
easier to use self-scooping litter box."
About OurPet's Company:
OurPet's designs, produces and markets a broad line of innovative,
high-quality accessory and consumable pet products in the U.S. and
overseas. The SmartScoop® product line offers the most complete solution
to cat waste and odor control and includes the SmartScoop© Self-Scooping
Litter Box (patent pending), activated carbon filters, no-touch waste bags,
litter box ramps (patent pending), no-stick litter box sprays (patent
pending), odor control litter box sprays and Scoop-N-Sift (patented)
Investors and customers may visit www.ourpets.com for more information
about the Company and its products.
Certain of the matters set forth in this press release are forward-looking
and involve a number of risks and uncertainties. Among the factors that
could cause actual results to differ materially are the following: business
conditions and growth in the industry; general economic conditions;
addition or loss of significant customers; the loss of key personnel;
product development; competition; risks of doing business abroad; foreign
government regulations; fluctuations in foreign rates; rising costs for raw
materials and the unavailability of sources of supply; the timing of orders
booked; our ability to successfully defend the alleged patent infringement
actions against us and the other risks that are described from time to time
in OurPet's SEC reports.