In re Certain Ground Fault Circuit Interrupters and Products Containing Same

Analysis Group Principal Robert Vigil provided expert analysis and testimony in a recent patent infringement matter involving Leviton Manufacturing Co. In October 2010, the maker of electrical wiring products filed a complaint with the US International Trade Commission alleging that several importers of electrical devices called ground fault circuit interrupters were shipping products into the United States that infringed several Leviton patents. In its complaint, Leviton sought a general exclusion order (GEO) to prevent the importation of infringing ground fault circuit interrupters by any entity, not just those parties specifically found to have infringed Leviton's patents as a result of the investigation.

On behalf of Leviton, the law firm of Wilson, Sonsini, Goodrich & Rosati retained a team from Analysis Group, including Dr. Vigil, to assess factors related to the issuance of a GEO. Based on his analysis, Dr. Vigil opined that a GEO was necessary in order to prevent circumvention of an exclusion order limited to the respondents named in the complaint; that there was a pattern of violation of Section 337; and that it was difficult to identify the source of infringing products that are imported into the United States.

The commission voted unanimously to issue a GEO on shipments of the ground fault circuit interrupters.