Pass & Seymour and Hubbell In Dispute Over Wiring Device Patent

Pass & Seymour/Legrand (P&S), Syracuse, N.Y., said it filed a federal lawsuit against Hubbell Inc. of Orange, Conn., alleging infringement of a wiring device patent and seeking an injunction against production and sale of certain Hubbell Wiring Device-Kellems products. Hubbell disputes the patent infringement lawsuit, claiming the patent is invalid.

The patent protects the design and use of electrical wiring devices having a receptacle and matching plug connector for termination of the electrical wires, such as the PlugTail line of wiring devices manufactured and sold by P&S.

In the complaint, filed in the U.S. District Court for the Northern District of New York on Jan. 5, P&S alleges that Hubbell is infringing U.S. Patent No. 6,994,585 by manufacturing and selling the “SnapConnect” and “Quick-Tech” branded electrical wiring devices.

P&S seeks a court ordered injunction against the production and sale of the infringing products in addition to unspecified damages. If granted, the injunction P&S seeks would be effective against Hubbell and anyone “in active concert or participation with Hubbell who receives notice of the order,” according to a P&S statement. This would include, but not be limited to, distributors who resell the allegedly infringing devices and contractors who use or install them.

Hubbell said it has conducted extensive research regarding the patent and believes the patent is invalid and thus is not infringed. Hubbell has asked the U.S. Patent and Trademark Office to invalidate the claims in that patent, in an official request filed Nov. 29, 2006.

Hubbell said there is no confirmed date by which the U.S. Patent and Trademark Office must render a decision on its request, and “the possibility exists that a final decision may not be rendered for several years.” Since Hubbell filed its request to invalidate the patent with the U.S. Patent and Trademark Office prior to P&S allegations, Hubbell believes it is highly unlikely that a preliminary injunction will be granted by the court. “As a result, we expect that Hubbell and its distributors will be allowed to continue to sell and market product until a final Court decision is rendered,” Hubbell said.