U.S. International Trade Commission Finds Competitors Violated LitterMaid Patent

Confirms Judge's Ruling in December

Miramar, FL -- Salton, Inc., a leading marketer and distributor of home appliances and its wholly owned subsidiary, Applica Consumer Products, Inc., today announced that the U.S. International Trade Commission (ITC) ruled in its favor on claims that competitors were infringing the patent that protects its LitterMaid brand self-cleaning litter box products.

The six Commissioners at the ITC voted unanimously to affirm the Judge's ruling that cat litter boxes and accessories being imported into the United States by Lucky Litter LLC of Chicago, Illinois, and OurPet's Company of Fairport Harbor, Ohio, infringe the LitterMaid patent. The infringement findings cover Lucky Litter LLC self-cleaning litter box products sold under the "ScoopFree" brand name, ScoopFree litter cartridges, and OurPet's Company self-cleaning litter box products sold under the "SmartScoop" brand name. In addition to finding that the LitterMaid patent was infringed, the ITC found that the patent is valid and enforceable.

The Commission has issued an exclusion order to stop further importation of infringing products into the United States by Lucky Litter LLC and OurPet's Company. The order prohibits the unlicensed importation of infringing self-cleaning litter boxes and components, including cartridges, that are manufactured abroad by or on behalf of, or imported by or on behalf of, Lucky Litter LLC and OurPet's Company. The Commission has also issued cease and desist orders prohibiting Lucky Litter LLC and OurPet's Company from importing, selling, marketing, advertising, distributing, offering for sale, transferring, or soliciting U.S. agents or distributors for any of the covered products.

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

"We appreciate the ITC recognizing the validity and enforceability of our patent and more importantly for taking the necessary steps to prevent unfair competition," said Terry Polistina, Salton's President and Chief Executive Officer. "We will be working closely with U.S. Customs to ensure the effective enforcement of the ITC orders and will take whatever steps necessary to prevent continued infringement. Resellers should note that continued sale, marketing and distribution of the Lucky Litter and Our Pet's products may be subject to enhanced damages, which could be substantial. We are considering all available options with respect to willful infringers."

Salton, though its wholly owned subsidiary Applica Consumer Products, Inc., pioneered the growth of the automated litter box category under the LitterMaid brand through research, design and engineering. Incorporating advanced design and technology, LitterMaid branded products continue to offer cat owners a cleaner, healthier, and more convenient environment for their cat. LitterMaid Self-Cleaning Litter Boxes are available in a variety of models and sizes, providing cats and owners the option of selecting the most suitable specific litter box tailored to individual needs.

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

Salton is represented by King & Spalding LLP in the ITC and the district court cases. Salton is also represented by Miller & Chevalier in the ITC case.

Based in Miramar, Florida, Salton and its affiliates are leading marketers and distributors of a broad range of branded small household appliances. Salton markets and distributes small kitchen and home appliances, pet and pest products, water filtration products and personal care products. Salton has a broad portfolio of well recognized brand names, including Black & Decker, George Foreman, Russell Hobbs, Toastmaster, LitterMaid, and Farberware. Salton's customers include mass merchandisers, specialty retailers and appliance distributors primarily in North America, South America, Europe and Australia. Applica Consumer Products, Inc. is a wholly owned subsidiary of Salton.