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TEMPO LIGHTING, INC. v. TIVOLI, LLC

No. 2013-1140.

742 F.3d 973 (2014)

TEMPO LIGHTING, INC., Appellant, v. TIVOLI, LLC, Appellee.

United States Court of Appeals, Federal Circuit.

February 10, 2014.

Attorney(s) appearing for the Case

Matthew C. Lapple , Lapple IP Law, P.C., Irvine, CA, for Appellant.

Gordon E. Gray, III, Esq. , Gray Law Firm, Long Beach, CA, Craig McLaughlin, Esq. , Law Office of Craig Mclaughlin, Costa Mesa, CA, for Appeals.

Before RADER, Chief Judge, MOORE, and WALLACH, Circuit Judges.

RADER, Chief Judge.

The United States Patent and Trademark Office's (PTO) Patent Trial and Appeal Board (Board) reversed the examiner's rejection of claims 1-3 and 6-13 of U.S. Patent No. 6,554,446 ('446 patent). Tempo Lighting, Inc. (Tempo) appeals that decision. Because the Board's decision lacks the support of substantial evidence in the record and because the Board erred in concluding that Tempo waived certain arguments, this court vacates the decision in-part...

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