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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND LEVITON MANUFACTURING CO., INC.,: Plaintiff : : v. : Civil No. AMD 01-3855 : UNIVERSAL SECURITY : INSTRUMENTS, INC., et al., : Defendants : ...o0o... MEMORANDUM OPINION Plaintiff, Leviton Manufacturing Co., Inc., instituted this action against Universal Security Instruments, Inc., and USI Electric, Inc. (hereinafter referred to jointly as "USI") for patent infringement of Leviton's patent, U.S. Patent No. 4,595,894 (issued June 17, 1986) (the "`894 patent"), entitled "Ground Fault Circuit Interrupting System." Additionally, Leviton brought a claim for trade dress infringement. USI counterclaimed, seeking a declaratory judgment on several grounds. Now pending, inter alia, are the parties' cross motions for summary judgment.1 The issues have been exhaustively briefed and a hearing has been held. For the reasons stated herein, I shall grant the motions in part and deny them

Also pending are USI's motions to compel and for sanctions; both motions are hereby denied. USI's motion to compel seeks an order compelling Leviton to produce sales catalogs from the 1984 period or, in the alternative, an order requiring Leviton to certify that such catalogs do not exist. Leviton's counsel stated on the record at the hearing that, despite a diligent search, such catalogs are not in Leviton's possession. This representation by counsel is sufficient. USI's motion for sanctions alleges that Leviton violated a confidentiality order entered in this case by sharing information learned in discovery concerning USI's sale of GFCIs with its Canadian affiliate. Leviton denies this allegation and asserts that the Canadian affiliate learned of USI's sales through the Canadian marketplace. Leviton offers the unrebutted declaration of Gabriel Massabni, an Executive of Leviton Manufacturing of Canada as support. Consequently, USI's motion for sanctions is denied as there has been no showing that the court's confidentiality order has been violated.
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in part. I. Leviton filed its complaint on December 13, 2001, asserting a claim of patent infringement of the `894 patent under 35 U.S.C.

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Maryland Law