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Pass & Seymour, Inc. v. Hubbell Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 23, 2007

PASS & SEYMOUR, INC., PLAINTIFF,
v.
HUBBELL INCORPORATED, DEFENDANT.

The opinion of the court was delivered by: Hon. Norman A. Mordue, Chief U.S. District Judge

ORDER

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.


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