Free Motion to Enjoin - District Court of Delaware - Delaware

Case 1:07-cv-00266-MPT

Document 37

Filed 05/28/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PARKER-HANNIFIN CORPORATION, : and PARKER INTANGIBLES, LLC, : : Plaintiff, : : v. : : SCHLEGEL ELECTRONIC : MATERIALS, INC., : : Defendant. : ___________________________________ : : SCHLEGEL ELECTRONIC : MATERIALS, INC., : : Counterclaimant, : : v. : : PARKER-HANNIFIN CORPORATION, : : Counter-Defendant. : ___________________________________ :

Civil Action No 1:07-cv-266-MPT

DEFENDANT'S MOTION TO ENFORCE A SETTLEMENT AGREEMENT

The Defendant and Counterclaimant, Schlegel Electronic Materials, Inc. (hereinafter
"Schlegel"), hereby moves the Court for an Order enforcing the settlement agreement that it reached with Plaintiffs and Counterclaim-Defendants Parker-Hannifin Corporation and Parker Intangibles, LLC (collectively "Parker") on April 14, 2008. In addition to specific performance of the parties' settlement, Schlegel requests a stay of all other scheduled activity in this case pending the outcome of this Motion. While the Court ordered the coordination of this case with Parker's companion actions against Seiren Co. Ltd.

Case 1:07-cv-00266-MPT

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(C.A. No. 1:07-cv-104) and Zippertubing (Japan) Ltd (C.A. No. 1:06-cv-751), such coordination not longer appears necessary because Parker has unilaterally covenanted not sue thereby removing all of its claims from this case. Therefore, the only remaining claims are Schlegel's counterclaims for inequitable conduct and Schlegel's own patent claims, neither of which are included in the other two litigations. In the alternative to a stay, Schlegel requests expedited consideration of this Motion. Support for this motion is set forth and fully explained in Defendant's Memorandum In Support Of Its Motion To Enforce A Settlement Agreement filed simultaneously herewith. Although this is a dispositive motion, the attorneys for the parties did confer pursuant to Local Rule 7.1.1 and Parker indicates it will oppose this motion. For the reasons provided in Defendant's Memorandum In Support Of Its Motion To Enforce A Settlement Agreement, Schlegel respectfully requests that the court grant this motion and issue an Order enforcing the valid settlement to which Parker and Schlegel agreed.

Respectfully submitted, Dated: May 28, 2008 WOMBLE CARLYLE SANDRIDGE & RICE, PLLC A Professional Limited Liability Company /s/ James M Lennon George Pazuniak (#478) James M. Lennon (# 4570) Anna Martina Tyreus (# 4771) 222 Delaware Avenue, Suite 1501 Wilmington, DE 19801 Tel: (302) 252-4326 Fax: (302) 661-7726 [email protected] [email protected] [email protected] Attorneys for Schlegel Electronic Materials, Inc.

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Case 1:07-cv-00266-MPT

Document 37

Filed 05/28/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PARKER-HANNIFIN CORPORATION, and PARKER INTANGIBLES, LLC, : : : Plaintiff, : : v. : : SCHLEGEL ELECTRONIC : MATERIALS, INC., : : Defendant. : ___________________________________ : : SCHLEGEL ELECTRONIC : MATERIALS, INC., : : Counterclaimant, : : v. : : PARKER-HANNIFIN CORPORATION, : : Counter-Defendant. : ___________________________________ :

Civil Action No 1:07-cv-266-MPT

CERTIFICATE OF SERVICE I hereby certify that on May 28, 2008, a copies of the foregoing DEFENDANT'S MOTION TO ENFORCE A SETTLEMENT AGREEMENT and memorandum in support thereof were electronically filed with the Clerk of the Court using CM/ECF and were served on the following counsel of record for Plaintiff by email: Steven N. Nash ([email protected]) Connolly Bove Lodge & Hutz LLP The Nemours Building 1007 N. Orange Street Wilmington, DE 19899 This 28 day of May, 2008.
th

/s/ James M. Lennon James M. Lennon (DE # 4570)

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WCSR 3897360v1