Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1 :04-cv-01452-JJF Document 10 Filed O3/01 /2005 Page 1 of 4
HT THE `UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
)
E.I. DUPONT DE NEMOURS AND )
COMPANY, )
)
Plaintiff ) Civil Action No. 04-1452 (JJF)
)
v. )
)
GREAT LAKES CHEMICAL CORPORATION, )
)
Defendant. )
GREAT LAKES’ MOTION TO DISMISS DUPONT’S AMENDED
COMPLAINT OR, IN THE ALTERNATIVE, TO STAY
ANY REMAINING COUNTS, PENDING THE
CONTRACTUALLY REQUIRED COMPLETION OF MEDIATION
Pursuant to Rules 12(b)(l) and l2(b)(6) of the Federal Rules of Civil Procedure,
Defendant Great Lakes Chemical Corporation ("Great Lakes"), through its undersigned
counsel, moves the Court to dismiss E.I. DuPont De Nemours and Company’s
("DuPont’s") Amended Complaint, for lack of jurisdiction over the subject matter and for
failure to state a claim upon which relief can be granted. In the alternative, Great Lakes
respectfully asks the Court to stay this action with respect to any of the Counts ofthe
Amended Complaint not so dismissed, pending the completion of mediation between the
parties -— pursuant to both the Federal Arbitration Act and the express terms of the patent
cross—license agreement between the parties requiring same.
In support thereof, Great Lakes submits herewith its Memorandum In Support of
Great Lakes’ Motion to Dismiss DuPont’s Amended Complaint or, in the Alternative, to
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Case 1:04-cv-01452-JJF Document 10 Filed 03/01/2005 Page 2 of 4
Stay Any Remaining Courts, Pending the Contractually Required Completion of
Mediation.
For all of the reasons set forth in its accompanying Memorandum, Great Lakes
respectfully requests that this Court dismiss the Amended Complaint, with prejudice and
in its entirety, in Great Lakes’ favor and against DuPont, by entering the attached Order
as follows:
A. Dismissing Count I (patent infringement) for lack of jurisdiction over the
subject matter, and for failing to state a claim upon which relief can be
granted;
B. Dismissing Count II (declaratory judgment) for lack of jurisdiction over
the subject matter, and for failing to state a claim upon which relief can be
granted, and
C. Dismissing Count III (breach of contract) for lack of jurisdiction over the
subject matter, and for failing to state a claim upon which relief can be
granted.
Great Lakes respectfully requests that this Action be stayed with respect to any of
the Counts of the Amended Complaint not so dismissed, pending the contractually
required completion of mediation between the parties.
Dated: March 1, 2005 j ,_ -»—~»— -
OF COUNSEL: ·‘'`li " " ._
Richard D. Harris Frederick L. Cottrell, III (#2555)
Brad R. Bertoglio Alyssa M. Schwartz (#4351)
Jordan Herzog Richards Layton & Finger
GREENBERG TRAURIG LLP One Rodney Square
77 W. Wacker Dr., Suite 2500 Post Office Box 551
Chicago, Illinois 60601 Wilmington, Delaware 19899
Telephone: (312) 456-8400 cottrel1@rlfcom
schwartz@r1f com
Telephone: (302) 651-7700
Attorneys for .D#erzdant
GREAT LAKES
CHEMICAL CORPORATION
2
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Case 1:04-cv-01452-JJF Document 10 Filed O3/O1/2005 Page 3 of 4
W THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
E.1. DUPONT DE NEMOURS AND )
COMPANY, )
)
Plaintiff ) Civil Action No. 04-1452 (ITF)
)
v. )
)
GREAT LAKES CHEMICAL CORPORATION, )
)
Defendant. )
IPROPOSEDI ORDER
For the reasons set forth in Defendant’s Motion to Dismiss DuPont's Amended
Complaint or, in the Alternative, to Stay Any Remaining Counts Pending the
Contractually Required Completion of Mediation,
IT IS PEREBY ORDERED this __ day of , 2005, as
follows:
1. Count I (patent infringement) for lack of jurisdiction over the subject
matter and for failing to state a claim upon which relief can be granted is
DISMISSED;
2. Count II (declaratory judgment) for lack of jurisdiction over the subject
matter and for failing to state a claim upon which relief can be granted is
DISMISSED, and
3. Count III (breach of contract) for lack of jurisdiction over the subject
matter and for failing to state a claim upon which relief can be granted is
DISMISSED.

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Case 1:04-cv-01452-JJF Document 10 Filed 03/01/2005 Page 4 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I hereby certify that on March 1, 2005, I electronically tiled with the Clerk of Court using
CM/ECF which will send notification of such Hling(s) and Hand Delivered to the following:
Richard L. Hoiwitz, Esquire
Potter Anderson & Coiroon LLP
Hercules Plaza, 6th Floor
1313 N. Market Street
P. O. Box 951
Wilmington, DE 19899-0951
I hereby certify that on March 1, 2005, I have Federal Expressed the document(s) to the
following non—registered participants:
Bruce D. DeRenzi
John T. Gallagher
Morgan & Finnegan, LLP
3 World Financial Center
New York, NY 10281-2101 q _,_1_ MM
'_,__.i · i,___ _, ,,,..· { ’ ,@·
Frederick L. Cottrell, III (#2555)
Richards, Layton & Finger, P.A.
One Rodney Square
P.O. Box 551
Wilmington, Delaware 19899
(302) 651-7700
COTTRELL@rlfcom
RLF1-2846538-1