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LEVITON MFG. CO. v. UNIVERSAL SEC. INSTRUMENTS

No. 2009-1421.

606 F.3d 1353 (2010)

LEVITON MANUFACTURING COMPANY, INC., Plaintiff, v. UNIVERSAL SECURITY INSTRUMENTS, INC., and USI Electric, Inc., Defendants. Shanghai Meihao Electric Inc., Plaintiff-Appellee, v. Leviton Manufacturing Company, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 28, 2010.

Attorney(s) appearing for the Case

Susan B. Manning, Bingham McCutchen LLP, of Washington, DC, argued for plaintiff-appellee. Of counsel on the brief was Gary M. Hnath, Mayer Brown LLP, of Washington, DC.

J. Michael Jakes, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were Edward J. Naidich; and Beth Z. Shaw, of Reston, VA. Of counsel on the brief was James T. Hosmer, Nixon & Vanderhye, P.C., of Arlington, VA.

Before MICHEL, Chief Judge, PROST and MOORE, Circuit Judges.

MICHEL, Chief Judge.

Defendant-Appellant Leviton Manufacturing Company, Inc. ("Leviton") appeals the district court's award of attorney fees and costs to Plaintiff-Appellee Shanghai Meihao, Inc. ("Meihao") based on inequitable conduct and vexatious litigation. We vacate and remand for the reasons below.

I. BACKGROUND

On October 22, 2003, Leviton filed U.S. Patent Application No. 10/690,776 ("Germain application...

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