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APEX INC. v. RARITAN COMPUTER, INC.

No. 01 CIV 4435(MP).

187 F.Supp.2d 141 (2002)

APEX INC., Plaintiff, v. RARITAN COMPUTER, INC., Defendant.

United States District Court, S.D. New York.

February 25, 2002.

Attorney(s) appearing for the Case

Nixon & Vanderhye P.C. (James D. Berquist, J. Scott Davidson, Donald L. Jackson, of counsel), Arlington, VA, Friedman, Wittenstein & Hochman, P.C. (Stuart I. Friedman and Paul S. Grossman, of counsel), New York, for Plaintiff.

Ward & Olivio (John W. Olivio, Jr. John F. Ward, David M. Hill, of counsel), New York, for Defendant.

FINDINGS AND CONCLUSIONS

MILTON POLLACK, Senior District Judge.

I. Preliminary

A. The Parties

Plaintiff Apex is a Washington corporation, having its principal place of business in Redmond, and is the successor company of Apex PC Solutions., a wholly owned subsidiary of Avocent Corporation of Huntsville, AL.

Defendant Raritan is a New Jersey corporation, having its principal place of business in Somerset, NJ.

...

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