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 Announces International Trade Commission Decision
| Source: OurPet's
FAIRPORT HARBOR, OH--(Marketwire - December 3, 2008) - OurPet's Company (OTCBB : OPCO ), a
growing designer, developer, producer, and marketer of accessory and
consumable pet products (www.ourpets.com), provides patent infringement
update on the International Trade Commission's (ITC) judgment.
On December 2, 2008 the ITC made its initial determination that OurPet's
and its codefendant did not infringe on seven of the eight patent claims
Applica Incorporated alleged. The only patent claim OurPet's and its
codefendant infringed on relates to a perceived manual function of the
SmartScoop® Self-Scooping Litter Box. Specifically, when the
SmartScoop® Self-Scooping Litter Box is first assembled and turned on,
the unit performs a cycle to show the user that the product is on and
working properly. This action was determined by the ITC to be a manual
function, which infringes on one claim of the Applica patent. While this
is a minor infringement, OurPet's believes this ruling to be incorrect and
intends to appeal the ITC's initial determination.
Dr. Steven Tsengas, PhD, President and CEO, stated, "We are very pleased
with the outcome. We work hard to develop products that are unique and
creative, and provide pets and their owner's enjoyment. The one patent
claim the ITC determined that we infringe is on a minor feature and we are
going to appeal. If the ITC still concludes, after review, that we
infringe, we will make the necessary programming changes. We continue to
work hard on developing better generations of the SmartScoop®
Self-Scooping Litter Box. With this judgment we feel that our product has
been validated and we are excited about this category's future."
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.