Fisher-Price, Inc. et al v. Kids II, Inc., No. 1:2010cv00988 - Document 102 (W.D.N.Y. 2012)
Court Description: DECISION AND ORDER affirming Magistrate Judge Foschio's Decision and Order of December 21, 2011. Signed by Hon. Richard J. Arcara on 8/15/2012. (JMB)
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UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK FISHER-PRICE, INC. and MATTEL, INC., Plaintiffs, v. DECISION AND ORDER 10-CV 00988 KIDS II, INC. Defendant. This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. §636(b)(1), on January 5, 2011. On November 3, 2011, Defendant filed a motion to stay litigation pending reexamination of the patent-in-suit by the U.S. Patent and Trademark Office. On December 21, 2011, Magistrate Judge Foschio issued a Decision and Order denying Defendant Kids II s motion to stay litigation. Defendant filed objections to the Magistrate Judge s Decision and Order on January 11, 2012 and this Court heard oral argument on those objections on August 9, 2012. Pursuant to 28 U.S.C. §636(b)(1)(A), the district court may reconsider any pretrial matter under this subparagraph (A), where it has been shown that the magistrate s order is clearly erroneous or contrary to law. Id. The Court has carefully reviewed Magistrate Judge Foschio s Decision and Order and the submissions of the parties. Upon such review and after hearing argument from counsel, the Court finds that Magistrate Judge Foschio s Decision and Order is neither clearly erroneous nor contrary to law. Accordingly, the Court affirms the Decision and Order in its entirety. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: August 15, 2012 2
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