Rayovac 2005 Annual Report Download - page 33

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• In Portugal, Philips commenced a lawsuit
against our distributor on December 12, 2003
seeking an injunction to prevent the marketing
and sale of the Remington shavers. The Com-
mercial Court in Portugal (decision of June 23,
2004) denied the request for an injunction.
Philips initially appealed this decision to the
Appellate Court which confi rmed the decision of
the Commercial Court, and Philips has not
appealed that decision.
Additionally, since the beginning of fi scal 2005
we have fi led proceedings seeking to cancel relevant
Philips trademarks in Argentina, Austria, Brazil,
Denmark, the Netherlands, Norway, South Africa and
Switzerland, and Philips is opposing these efforts.
In Argentina, Philips has fi led an infringement action
against us and has obtained an ex parte preliminary
injunction prohibiting our sale of rotary shavers
in Argentina at present. We have appealed the
injunction order and anticipate a decision in early
calendar 2006.
In addition, The Gillette Company and its sub-
sidiary, Braun GmbH, fi led a complaint against us in
the federal district court in Massachusetts on
December 2, 2003 alleging that Remington’s “Smart
Cleaner” automatic cleaning device on Remington’s
Titanium Smart System shaving product infringes
United States patent numbers 5,711,328 and
5,649,556 allegedly held by Braun (The Gillette
Company and Braun GmbH v. Remington Consumer
Products Company, LLC., Case No. 03 CV 12428
WGY). The complaint, which seeks injunctive relief
and monetary damages, was served on Remington
in March 2004. We have reached a tentative settle-
ment in this matter under which we expect to enter
into an agreement with Braun/Gillette and pay a
license fee and royalties on our use of this license
going forward. We expect to sign the settlement
agreement before the end of calendar 2005.
Environmental
We are subject to various federal, state and local
environmental laws and regulations. We believe we
are in substantial compliance with all such environ-
mental laws which are applicable to our operations.
See also the discussion captioned “Governmental
Regulation and Environmental Matters” under
Item 1 above.
ITEM 4. SUBMISSION
OF MATTERS TO A VOTE
OF SECURITY HOLDERS
No matter was submitted to a vote of security
holders during the fourth quarter of the fi scal year
covered by this report.
2005 Form 10-K Annual Report
Spectrum Brands, Inc.
2005 ANNUAL REPORT 13