Tempo Lighting, Inc. v. Tivoli, LLC

Tivoli owns the 446 patent, which relates to a stair-step lighting apparatus that uses a reflective strip of material to alert users to the edge of a step in darkened or low-light environments. Tivoli sued Tempo for patent infringement in 2004. Tempo later requested inter partes reexamination by the Patent and Trademark Office, which granted the request and issued the first Office Action in 2005, rejecting all the claims. The district court stayed the litigation pending the outcome of the reexamination, which progressed slowly. The examiner closed prosecution in 2009, maintaining the rejections and the construction of “inert to light.” The appeals board reversed the rejection of certain claims. The Federal Circuit vacated, holding that the decision lacked the support of substantial evidence and that the board erred in concluding that Tempo waived certain View "Tempo Lighting, Inc. v. Tivoli, LLC" on Justia Law