The way Goodwin sees it, by the time Leviton's breach of contract suit against Pass & Seymour got to trial in December, the suing company had no legs left to stand on. Mark Abate and Calvin Wingfield, both partners in the firm’s IP Litigation practice, discussed with Law360 how they were able to bring home a win for Pass & Seymour on Dec. 19 by narrowing the case down bit by bit: first removing a double royalties clause from the licensing agreement, then getting a ruling of noninfringement on one patent, blocking Leviton from bringing in secondary indicia of nonobviousness as to the other, and getting the judge to let them go first at trial. In the end, the jury determined the remaining patent claims were obvious. Read the article here.
In The Press January 24, 2020