IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LG ELECTRONICS U.S.A., INC., LG
ELECTRONICS, INC., and LG ELECTRONICS
MONTERREY MEXICO, S.A., DE, CV,
Piaintiffs, C.A. No. 08—332 (GMS)
v. (Transferred item the District of New
Jersey ·»~ C.A. No. 08—i 869-FSH)
WHIRLPOOL CORP., WHIRLPOOL
PATENTS CO., WHIRLPOOL
MANUFACTURING CORP., and MAYTAG
CORP.,
Defendants.
WHIRLPOOLRS REPLY TO LG’S RESPONSE TO
WHIRLPOOUS UNOPPOSED PARTIAL MOTION TO DISMISS AND
UNOPPOSED MOTION F OR AN EXTENSION OF TIME TO ANSWER
Whiripooi Corp., Whiripooi Patents Co., Whirlpooi Manufacturing Corp., and Maytag Corp.
(collectiveiy “‘Whir1pooEâ€), respectfully submit this reply to LG Electronics USA, Inc., LG Electronics,
inc., and LG Electronics Monterrey Mexico, S.A., DE, CV’s (collectively °‘LG") response to
W`hir·ipool’s Motion to Dismiss Counts Four and Five of P1air1tift`s’ Complaint and to Whiripool’s
Motion for Extension of Time to Respond to Piaintiffs’ Complaint.
in LG’s response it stated that it does not oppose the dismissal of U.S. Patent Nos. 6,971,730
(‘°the "730 patent") and 7,240,980 (“‘the ’980 patent") from the case, provided the disrnissai was
without prejudice to LG’s rights to pursue, in separate proceedings, appropriate causes of actions and
remedies associated with those patents. (See LG’s Response, DI 32 at 3). LG also iinpiicitiy agreed
to Wbirlpool’s motion for an extension of time to answer, by requesting in its conclusion that
Whiripool be required to answer wititin ten days foliowing the court’s entry of an order dismissing
Counts Four and Five, the statutory requirement under Fed. R. Civ. P. i2(a)(4). (See LG’s Response,
D.I. 32 at 4). White Whirlpool ciisagrees with the extraneous comments of LG in its response, such
continents are neither relevant to, nor merit discussion in connection with, the disposition of the
rwuzezms z
Case 1:08—cv—00332-G|\/IS Document 34 Filed 06/25/2008 Page 2 of 3
present motions.
As tire parties are in agreement with respect to the present motions, Whirlpool respectfully
requests Counts Four and Five of LO’s declaratory judgment complaint be dismissed and Whirlpool be
granted ten days within which to tile a response to the remaining counts of LG’s declaratory judgment
complaint.
·· l H
l W cram. »»——————~
OF COUNSEL: Frederick L. Cottrell, III (#255
Scott F. Partridge Anne Shea Gaza (#4093)
Paul R. Morice RICHARDS, LAYTON & FINGER, PA.
BAKER BOTTS, L.L.Pt 920 North King Street
One Shell Plaza One Rodney Square
9l0 Louisiana Street Wilmington, DE 19801
Houston, Texas 77002 Tel: (302) 65l—7700
Tel: (7l.3) .229-1569 cottreil@rif com
scott.partridge@bal
W/rirhyool Patents C0., W/wir/pool
Dated: June 25, 2008 Mcmzgfoclztrrirvg Corp., A11:/Mqy/ag Corp.
2
Case 1:08—cv—00332-G|\/IS Document 34 Filed 06/25/2008 Page 3 of 3
CER"1`Hi`ICA'1`E OF SERVICE
1 hereby certify that on .1une 25, 2008, I electronically tiled the foregoing document and
the same with the Clerk of Court using CM/ECF which witi send notification of such i11ing(s) to
the foliowing who have been served as noted:
VIA HAND DELIVERY AND VIA ELECTRONIC MAIL
ELECTRONIC MAIL
Richard K. Herrmann Pe1tric:1< J. Coyne
Mary B. Matterer Ri<:hnrd L. Stroup
Amy A. Quinlan Andrew C. Sonu
Momzrs J Ames LLP Waiter D. Davis, .11-.
500 Delaware Avenue, Suite 1500 Fanweom, I·11$Nne11soN, Fnmnow, GARRETT
Wiimington, DE 19801-4494 & DUNNER, L.L.P.
901 New York Avenue, NW
Washington, DC 20001441.3
Anne Shea Gaze (#4093)
[email protected]
R§.F2··329001?~1
Case 1:08-cv-00332-GI\/IS Document 34-2 Filed 06/25/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LG ELECTRONICS USA., INC., et ai.,
Plaintiffs, C.A. No. 08-332 (GMS)
v. (Transfeirecl from the District of New
Jersey — C.A. No. 08-1869-FSI-I)
WHIRLPOOL, CORP., et al.,
Defendants.
The Court, having considered Defendants Whirlpool Corp., Whirlpool Patents Co,
Whirlpool l\/lanufacturing Cotp., and Maytag Co1p.’s motion to dismiss Counts Four and Five of
Piaintiffs’ Complaint and motion for an Extension of Time to Respond to Plaintiffs’ Complaint
Pursuant to Rule I2(a)(4) (coliectively, the "Motions") and linding that the Motions are
unopposed by Plaintiffs LG Electronics U,S.A,, Inc., LG Electronics, Inc., and LG Eiectronics
Monterrey Mexico, S,A., DE, CV,
IT IS HEREBY ORDERED this _ day of June, 2008 that:
(i) Defendants’ Motions are GRANTED;
(ii) Counts Four and Five of Plaintiffs’ Complaint, and all claims therein, are
DISMISSED; and
(iii) Defendants have until such time as set forth in lied. R. Civ. P. l2(a)(4) to
answer the remaining counts in Piaintil`fs’ Conipiaint.
United States District Judge
NY02;627704 2
Case 1:08-cv-00332-GMS
Document 34
Filed 06/25/2008
Page 1 of 3
Case 1:08-cv-00332-GMS
Document 34
Filed 06/25/2008
Page 2 of 3
Case 1:08-cv-00332-GMS
Document 34
Filed 06/25/2008
Page 3 of 3
Case 1:08-cv-00332-GMS
Document 34-2
Filed 06/25/2008
Page 1 of 1
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms