UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 20549

 

 

FORM 8-K

 

 

Current Report Pursuant to Section 13 or 15(d) of

the Securities Act of 1934

Date of Report: June 9, 2009

(Date of earliest event reported)

 

 

OurPet’s Company

(Exact name of registrant as specified in its charter)

 

 

 

Colorado   000-31279   34-1480558

(State or other jurisdiction

of incorporation)

  (Commission File Number)  

(I.R.S. Employer

Identification Number)

1300 East Street, Fairport Harbor, OH 44077

(Address of principal executive offices including zip code)

440-354-6500

(Registrant’s telephone number, including area code)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 8.01. Other Events

OurPet’s Company announced today that U.S. Customs and Border Patrol (“U.S. Customs”) has ruled that its new model SmartScoop (Registered Trademark) brand of self-scooping litter boxes can freely enter the United States. The Press Release and letter from U.S. Customs are attached as Exhibits 99.1 and 99.2 respectively.

 

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date: June 9, 2009   OurPet’s Company
  By:  

/s/ Scott R. Mendes

    Scott R. Mendes
    Chief Financial Officer

 

3

LOGO   

EXHIBIT 99.1

 

OurPet’s Company

1300 East Street

Fairport Harbor, OH 44077-5573, USA

(800) 565-2695 * Phone (440) 354-6500

Fax (440) 354-9129 * www.ourpets.com

FOR IMMEDIATE RELEASE

OurPet’s Announces Favorable SmartScoop ® U.S. Customs Ruling

FAIRPORT HARBOR, Ohio—June 5, 2009—OurPet's Company (OTC BB:OPCO), a growing designer, developer, producer, and marketer of accessory and consumable pet products (www.ourpets.com), announced today that U.S. Customs and Border Patrol (“Customs”) has ruled that its new model SmartScoop ® brand of self-scooping litter boxes can freely enter the United States.

This Customs ruling comes after petition by OurPet’s to ensure that the new model SmartScoop ® was not encompassed by an April 8, 2009 exclusion order issued by the U.S. International Trade Commission (“ITC”) that addressed an older model SmartScoop ® and which is currently on appeal before the Federal Circuit. In reaching its determination, Customs found that the new SmartScoop ® does not infringe U.S. Patent No. RE 36,847 held by Applica Consumer Products, Inc. The new SmartScoop ® , distributed since January 2009, was not considered by the ITC and is not the subject of any pending lawsuit.

Dr. Steven Tsengas, PhD, President and CEO stated, “We are very pleased with the recent positive SmartScoop ® ruling from U.S. Customs validating the intellectual property embodied in our SmartScoop ® Litter Box. Unfortunately, our competitor continues the process of misrepresenting legal decisions, our products, brand, and reputation in letters to our customers. We are diligently working with current and potential customers to explain that OurPet’s will continue to timely deliver the new SmartScoop ® and to refine its current products to provide a superior choice in self-scooping litter boxes. Although it has been discontinued, OurPet’s also continues to defend the older model SmartScoop ® and expects to be fully vindicated on appeal and in related lawsuits. We feel that our competitor is ruthless in its attempt to use its limitless financial position to bully our customers and our Company. We are displeased with these inappropriate, unprofessional and unethical actions and vow to fight diligently to enhance and grow our products and patents.

“We are working extremely hard to develop new, exciting, trend setting, innovative pet products, and will continue to, despite our competitor’s actions. Despite all the distractions over the SmartScoop ® brand products, OurPet’s financial results continue to grow. Cognizant of the challenges facing consumer spending and overall economic activity, we are confident about our ability to continue to provide pet owner’s products that answer their needs.”

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.

 

CONTACT       INVESTOR RELATIONS:

OurPet’s Company

   -or-    SM Berger & Company, Inc.

Dr. Steven Tsengas

      Andrew Berger

(440) 354-6500 (Ext. 111)

      (216) 464-6400

EXHIBIT 99.2

 

 

US. Department of Homeland Security

Washington, DC 20229

LOGO    

U.S. Customs and

Border Protection

MAY 28 2009

 

OT:RR:BSTC:IPR

H057236 DAC     

 

 

Sarah Paxson, Esq.

STORM, LLP

901 Main Street, Suite 7100

Dallas, Texas 75202

Dear Ms. Paxson:

The purpose of this letter is to inform you of U.S. Customs & Border Protection’s (CBP) recent decision regarding U.S. International Trade Commission (ITC) Limited Exclusion Order 337-TA-625, In the Matter of Certain Self-Cleaning Litter Boxes and Components Thereof, involving the new model of litter boxes seeking entry that are manufactured or imported by OurPet’s Company (“OurPet’s”), the Respondent you represent in USITC Inv. No. 337-TA-625.

After careful review of the information you, as counsel for OurPet’s, submitted in your memorandums of April 22 and 24, 2009, as well as the operational samples provided, and the record at the ITC, CBP has determined that the OurPet’s Company has established by a preponderance of the evidence that OurPet’s Company’s new model of the SmartScoop self-cleaning litter boxes falls outside the scope of the Limited Exclusion Order 337-TA- 625 issued by the ITC on April 8, 2009.

Accordingly, CBP has determined to issue instructions to its ports to permit entry of OurPet’s Company’s new model of the SmartScoop self-cleaning litter boxes.

 

Sincerely,
LOGO
Richard Chovanec, Acting Chief
Intellectual Property Rights & Restricted
Merchandise Branch