The Brand

By Jarrad Roby

On January 23, 2008, Whirlpool Corporation, the world’s leading major home appliance manufacturer, filed a complaint with the United States International Trade Commission (ITC) against its competitor LG Electronics, Inc.  In its complaint, Whirlpool accuses LG of unfair practices in import trade concerning refrigerators and refrigerator components, in violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337), and claims that LG refrigerators imported into the United States infringe its patents.

Five U.S. Patents (U.S. Patent Nos. 6,082,130; 6,810,680; 6,915,644;
6,971,730; and 7,240,980) are at issue: Whirlpool Patents Company owns the first patent and Maytag Corporation, a recently acquired subsidiary of Whirlpool Corporation, owns the remaining four patents.

Whirlpool registered patent ‘130 in July 2000, which describes the ice delivery system of a refrigerator.  In a conventional “side-by-side” refrigerator equipped with an icemaker, the ice bin sits below the maker itself and ice is channeled out through the front of the refrigerator door.  The ‘130 patent’s design calls for the ice bin to be mounted on the inside of the door, referred to as “in-door ice,” allowing for easier access to the ice bin when the door is ajar and increasing freezer space.  The auger that is used to dispense ice using the method featured in ‘130 is vertical and releases ice from the bottom of the ice bin through the door.  The classic example is horizontal, moving ice to the front of the bin and then out through the door.  See figure 1-A for illustration of design protected under ‘130. 

Fig. 1-A: Freezer side of a “side-by-side” refrigerator.  Of note, 28 shows the placement of the in-door ice bin, 22 shows standard placement of icemaker.

Maytag’s ‘680 and ‘644 patents, registered in November 2004, describe the fill tube assembly of icemakers.  Any refrigerator that has an automatic icemaker contains a device for filling the ice mold with water prior to freezing.  If the water that is being dispensed into the mold freezes before it leaves the fill tube, the icemaker stops creating ice, and, in many cases, the tube assembly will rupture.  Several methods had been used to prevent such rupture, including equipping the assembly with its own heating mechanism.  This particular method has proven very costly, giving way to the ‘680 and ‘644 patents.  These patents call for the assembly to be positioned between the outside of the refrigerator and the inside molding, an area where heat from the normal operation of the refrigerator provides an ideal environment for the mechanism relative to freeze prevention.  See figure 2-A for an illustration.

Maytag’s ‘730 and ‘980 patents, registered in December 2005, were originally assigned to Maytag in December 2005 and describe the freezer drawer support assembly in the new bottom-freezer model refrigerators.  The freezer in these models is located at the bottom of the refrigerator and is in the form of a drawer.  One large, single door (as shown below) or two French doors occupy the refrigerated upper portion of the appliance.  A major design challenge presented by these models is the ability to hold a heavy load without damaging the inside molding of the appliance.  Additionally, most freezer moldings taper slightly, preventing the sides from being parallel and inhibiting the sliding of the drawer.  Maytag’s patents address these complications by employing a pair of extensible drawer slides mounted onto the sides of adapters that are able to adequately support a loaded freezer drawer.  The adapter pieces are formed with a taper in the opposite direction of the inside molding, creating the optimal parallel design.  See figure 3-A for an illustration.

Fig. 3-A: expresses the design of the freezer drawer assembly, which is subject in the ITC’s investigation.    

If the ITC determines that LG has violated section 337 in the sale of its refrigerators, it is authorized to issue two types of remedial orders:  exclusion orders and cease-and-desist orders.  Whirlpool seeks both remedies in its complaint.  If the ITC grants an exclusion order, LG would be barred from importing its refrigerators into the Unites Stated.  Under section 337, Whirlpool may not, however, seek monetary damages.

For the latest information developments in this case, visit the ITC’s website or Whirlpool’s Press Room.