Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:08-cv-00332-GMS

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Filed 05/01/2008

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BAKER BOTTS L.L.P. Seth T. Taube (ST 6088) Richard B. Harper (RH 5979) Lance D. Cassak (LC 3116) 30 Rockefeller Plaza New York, New York 10112 Tel: (212) 408-2500 Fax: (212) 408-2501 Attorneys for Defendants Whirlpool Corp., Whirlpool Patents Co., Whirlpool Manufacturing Corp., and Maytag Corp. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

LG ELECTRONICS U.S.A., INC., LG ELECTRONICS, INC., & LG ELECTRONICS MONTERREY MEXICO, S.A., DE, CV, Plaintiffs,

CIVIL ACTION Civil Action No. 2:08-cv-1869 HONORABLE JUDGE FAITH S. HOCHBERG

v. WHIRLPOOL CORP., WHIRLPOOL PATENTS CO., WHIRLPOOL MANUFACTURING CORP., and MAYTAG CORP. Defendants.

DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS COUNTS FOUR AND FIVE OF PLAINTIFFS' COMPLAINT ORAL ARGUMENT REQUESTED

TO:

Richard L. Stroup Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. 901 New York Avenue, NW Washington, DC 20001-4413 [email protected] Attorneys for Plaintiffs

Thomas Curtin, Esq. Graham Curtin, P.A. 4 Headquarters Plaza P.O. Box 1991 Morristown, NJ 07962-1991 [email protected] Attorneys for Plaintiffs

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NOTICE OF MOTION AND MOTION TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE, that on June 2, 2008, at 9:00 a.m., or as soon thereafter as counsel may be heard, Defendants Whirlpool Corp., Whirlpool Patents Co., Whirlpool Manufacturing Corp., and Maytag Corp., by and through their counsel, Baker Botts L.L.P., will move before the Honorable Faith S. Hochberg of the United States District Court, District of New Jersey, at the Martin Luther King, Jr. Federal Building & United States Courthouse, 50 Walnut Street, Newark, New Jersey, for an order granting Defendants' Motion to Dismiss Counts Four and Five of Plaintiffs' Complaint. PLEASE TAKE FURTHER NOTICE that in support of this Motion, Defendants rely on the accompanying Memorandum of Law, the Declaration of Richard B. Harper, filed concurrently herewith, and on such oral argument as may be presented by counsel at the time of the hearing of this motion, as well as all other matters this Court deems to be appropriate.

Dated: May 1, 2008

Respectfully submitted, BAKER BOTTS L.L.P By: /s/ Richard B. Harper Seth T. Taube (ST 6088) Richard B. Harper (RH 5979) Lance D. Cassak (LC 3116) 30 Rockefeller Plaza New York, New York 10112 Tel: (212) 408-2500 Fax: (212) 408-2501 Attorneys for Defendants Whirlpool Corp., Whirlpool Patents Co., Whirlpool Manufacturing Corp., and Maytag Corp.

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PROOF OF SERVICE On May 1, 2008, I served a true and correct copy of the documents described as: Defendants' Notice of Motion and Motion to Dismiss Counts Four and Five of Plaintiffs' Complaint; Defendants' Memorandum of Law in Support of Motion to Dismiss Counts Four and Five of Plaintiffs' Complaint; the Declaration of Richard B. Harper and Proposed Order on the following interested party in this action: Richard L. Stroup Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. 901 New York Avenue, NW Washington, DC 20001-4413 [email protected] Attorneys for Plaintiffs Thomas Curtin, Esq. Graham Curtin, P.A. 4 Headquarters Plaza P.O. Box 1991 Morristown, NJ 07962-1991 [email protected] Attorneys for Plaintiffs

I caused the foregoing documents to be enclosed in a sealed envelope, for overnight delivery on the individuals identified above as indicated herein. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing and know that, in the ordinary course of Baker Botts' business practice, the documents described above would be deposited for overnight delivery on that same day at New York, NY, in ordinary course of business. I am aware that on motion of the party served, service is presumed to be invalid if the postal cancellation date, or postage meter date, is more than one day after the date of deposit for mailing set forth in this declaration. I also caused these documents to be sent to the above via email.

________May 1, 2008_____________ Date

By:

/s/ Richard B. Harper Richard B. Harper (RH 5979)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

LG ELECTRONICS U.S.A., INC., LG ELECTRONICS, INC., & LG ELECTRONICS MONTERREY MEXICO, S.A., DE, CV, Plaintiffs,

CIVIL ACTION Civil Action No. 2:08-cv-1869 HONORABLE JUDGE FAITH S. HOCHBERG

v. WHIRLPOOL CORP., WHIRLPOOL PATENTS CO., WHIRLPOOL MANUFACTURING CORP., and MAYTAG CORP. Defendants.

[PROPOSED]ORDER GRANTING DEFENDANTS' MOTION TO DISMISS COUNTS FOUR AND FIVE OF PLAINTIFFS' COMPLAINT

The Court, having considered the motion of Defendants Whirlpool Corp., Whirlpool Patents Co., Whirlpool Manufacturing Corp., and Maytag Corp. to dismiss Counts Four and Five of Plaintiffs' Complaint, and all submissions related thereto, including the opposition of Plaintiffs' LG Electronics U.S.A., Inc., LG Electronics, Inc., and LG Electronics Monterrey Mexico, S.A., DE, CV thereto, finds that this Court has no jurisdiction to hear the subject matter of those Counts, and all claims therein. Accordingly, it is ORDERED that: Counts Four and Five of Plaintiffs' Complaint, and all claims therein, are dismissed.

__________________________________ United States District Judge

________________________ Date

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