Free Order on Motion to Dismiss - District Court of Delaware - Delaware


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Date: August 24, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-01471-JJF Document 85 Filed 08/22/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE 3M COMPANY, a Delaware :
corporation; 3M INNOVATIVE :
PROPERTIES CO., a Delaware :
corporation; and MR. JEAN :
SILVESTRE, :
Plaintiffs, :
v. Q Civil Action No. O4-l47l—JJF
BOSS AUTO IMPORT, S.A., a :
corporation of Spain; :
E.M.M. INTERNATIONAL B.V., :
a corporation of the :
Netherlands; INTERTAPE POLYMER:
GROUP, INC., a corporation of :
Canada: INTERTAPE POLYMER :
CORP., a Delaware Corporation;:
and IPG ADMINISTRATIVE :
` SERVICES, INC., :
Defendants. :
O R D E R
WHEREAS, Defendants Intertape Polymer Group, Inc. and
Intertape, Inc. filed a Motion To Dismiss For Lack Of Personal
Jurisdiction Under F.R.C.P. l2(b)(2), Or, In The Alternative,
Motion For A More Definite Statement Under F.R.C.P. l2(e) (D.I.
40);
WHEREAS, an Amended Complaint was filed removing Intertape,
Inc. as a named defendant in this action and adding Intertape
Polymer Corp. and IPG Administrative Services, Inc., but
retaining Intertape Polymer Group, Inc. a Canadian Corporation;
WHEREAS, after the Amended Complaint was filed by
Plaintiffs, Intertape Polymer Group, Inc., Intertape Polymer

Case 1:04-cv-01471-JJF Document 85 Filed 08/22/2005 Page 2 of 3
Corp. and IPG Administrative Services, Inc. filed a Renewed
Motion To Dismiss For Lack Of Personal Jurisdiction Under
F.R.C.P. l2(b)(2), Or, In The Alternative, Motion For A More
Definite Statement Under F.R.C.P. l2(e) (D.I. 67) which relied on
the briefing submitted in connection with the original Motion To
Dismiss;
WHEREAS, the above-captioned action has been stayed (D.I.
81) pending a decision by the International Trade Commission (the
“ITC”) on a Complaint filed by Plaintiffs implicating the issues
in this case;
NOW THEREFORE, IT IS HEREBY ORDERED this<2é5xday of August
2005, that:
I. The Motion To Dismiss For Lack Of Personal Jurisdiction
Under F.R.C.P. l2(b)(2), Or, In The Alternative, Motion For A
More Definite Statement Under F.R.C.P. l2(e) (D.I. 40) filed by
Intertape, Inc. and Intertape Polymer Group, Inc. is DENIED AS
MQQQ with respect to Intertape, Inc. based on the filing of the
Amended Complaint and DENIED WITH LEAVE TO RENEW as to Intertape
Polymer Group, Inc. after the decision of the ITC is issued and
the stay of this action is lifted.
2. The Renewed Motion To Dismiss For Lack Of Personal
Jurisdiction Under F.R.C.P. l2(b)(2), Or, In The Alternative,
Motion For A More Definite Statement Under F.R.C.P. l2(e) (D.I.
67) filed by Intertape Polymer Group, Inc.; Intertape Polymer
2

Case 1:04-cv-01471-JJF Document 85 Filed 08/22/2005 Page 3 of 3
Corp. and IPG Administrative Services, Inc. is DENIED WITH LEAVE
TO RENEW after the decision of the ITC is issued and the stay of
this action is lifted.
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