Leviton Uses Day-Old Apple Decision In Fed. Circ. Appeal

Law360, Washington (August 8, 2013, 4:17 PM EDT) -- Leviton Manufacturing Co. on Thursday evoked a day-old Federal Circuit decision in favor of Apple Inc. to argue that the U.S. International Trade Commission erred in invalidating two claims of an electrical safety system patent.

Leviton said at oral arguments before a three-judge panel that the ITC should have considered so-called secondary evidence put forth by Leviton supporting a finding that the two asserted claims of the patent at issue are not obvious.

“The ITC for the most part got it right,” Leviton attorney Larry L....
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