UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
July 23, 2007
PASS & SEYMOUR, INC., PLAINTIFF,
HUBBELL INCORPORATED, DEFENDANT.
The opinion of the court was delivered by: Hon. Norman A. Mordue, Chief U.S. District Judge
There has been no objection to the excellent Report and Recommendation (Dkt. No. 35) prepared by United States Magistrate Judge David E. Peebles.*fn1 Upon review, this Court adopts in full the discussion and recommendations regarding the motions for a preliminary injunction (Dkt. No. 6) and a stay (Dkt. No. 24). It is therefore
ORDERED that the Report and Recommendation of United States Magistrate Judge David E. Peebles (Dkt. No. 35) is accepted and adopted; and it is further
ORDERED that plaintiff's motion for preliminary injunction (Dkt. No. 6) is denied; and it is further
ORDERED that defendant's cross motion (Dkt. No. 24) for a stay of litigation pending the outcome of reexamination proceedings by the United States Patent and Trademark Office is granted; and it is further
ORDERED that counsel is directed to notify the Court when the United States Patent and Trademark Office has completed the reexamination proceedings.
IT IS SO ORDERED.