Fed. Circ. Revives Lengthy Tivoli Lighting Patent Re-Exam

Law360, New York (February 10, 2014, 7:42 PM EST) -- The Federal Circuit on Monday revived a long-running re-examination of a Tivoli LLC lighting patent, ruling that the USPTO relied on incorrect factual findings when it upheld the patent and improperly barred accused infringer Tempo Lighting Inc. from raising certain arguments.

The appeals court vacated a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board, which reversed an examiner's rejection of several claims of the patent. The court ordered further proceedings in the re-examination, which began in 2004.

The board must re-evaluate...
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