Free Stipulation - District Court of Delaware - Delaware

Case 1:08-cv—00332-G|\/IS Document 20 Filed 05/15/2008 Paget of3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
LG ELECTRONICS U.S.A., INC.,
LG ELECTRONICS, INC., & f Civil Action N0. 08-1869 (FSH)(PS)
LG ELECTRONICS MONTERREY
MEXICO, S.A., DE, CV, ; Hon. Faith S. Hochberg, U.S.D.J.
1 Hon. Patty Shwartz, U.S.M.J.
Plaintiffs,
WHIRLPOOL CORPORATION,
WHIRLPOOL PATENTS COMPANY,
WHIRLPOOL MANUFACTURING j STIPULATION AND ORDER
CORPORATION, & MAYTAG OF TRANSFER
CORPORATION, ;
Defendants.
IT IS HEREBY STIPULATED AND AGREED by and between plaintiffs, LG
Electronics U.S.A., Inc., LG Electronics, Inc. and LG Electronics Monterrey Mexico, S.A., DE,
CV (collectively "the LG P1aintiffs"), and defendants, Whirlpool Corporation, Whirlpool Patents
Company, Whirlpool Manufacturing Corporation and Maytag Corporation (collectively "the
Whirlpool Defendants"), as follows:
l. On April 16, 2008, the LG Plaintiffs commenced this action ("the New Jersey
action") with the filing of a complaint seeking a declaration of non-infringement, invalidity and
unenforceability with respect to five patents held by the Whirlpool Defendants. The patents-at-
issue are the same patents that the Whirlpool Defendants presented in a complaint in the
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International Trade Commission ("ITC") on January 23, 2008. The ITC does not provide for
declaratory judgment relief of non-infringement, invalidity and unenforceability.
2. On April 24, 2008, plaintiffs LG Electronics, Inc. and LG Electronics USA, Inc.
(collectively "LG") commenced an action against defendant Whirlpool Corporation
("Whirlpool") in the United States District Court for the District of Delaware, Civil Action No.
08-234 ("the Delaware action"), alleging infringement of three patents held by LG.
3. On May 1, 2008, the Whirlpool Defendants filed a counterclaim against the LG
Plaintiffs in the Delaware action seeking a declaration of non-infringement, invalidity and
unenforceability with respect to the three patents referenced in LG’s Delaware complaint and
further alleging infringement by the LG Plaintiffs of three of the five patents that are the subject
of the New Jersey action. The Whirlpool Defendants’ counterclaim (as amended) also alleges
infringement by the LG Plaintiffs of three additional patents held by the Whirlpool Defendants.
4. On May 1, 2008, the Whirlpool Defendants filed a motion in the New Jersey
action seeking its transfer to the District of Delaware pursuant to 28 U.S.C. §l404(a) based, inter
ci/ia, on the current overlap between the issues raised in the two cases. After considering the
issues raised by that motion and the present status of the cases between them, the LG Plaintiffs
and the Whirlpool Defendants have conferred and are in agreement that an order may be entered
by this Court effecting the transfer ofthe New Jersey action to the District of Delaware pursuant
to the provisions of 28 U.S.C. §l404(a) and providing further that all motions and matters in the
New Jersey action shall be held in abeyance, and all deadlines for responding shall be extended,
pending the completion of the transfer to the District of Delaware, at which time the parties agree
that a two—week response period for the Whirlpool Defendants’ two additional pending motions
will be triggered.
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Datcd: May 14’
1%%% 5
Thomas R. Curtin Seth T. Taube
George C. Jones Richard B. Harper
Kathleen N. Fermelly Lance D. Cassak
GRAHAM CURTTN BAKER BOTTS L.L.P.
A Professional Association 30 Rockefeller Plaza
4 Headquarters Plaza, P.O. Box 1991 New York, New York 10112
Morristown, New Jersey 07962-1991 Tel: (212) 408-2500
Tel: (973) 292-1700 Fax: (212) 408-2501
Fax: (973) 292-1767
Attorneys for Defendants
Attorneys for Plaintwfsi Whirhool Corp., Whirnyool Patents Co.,
LG Electronics USA., Inc., Whirnoool Manufacturing Corp., and
LG Electronics, [nc. and LG Electronics Maytag Corp.
Monterrey Mexico, S.A., DE, CV
SO ORDERED this day of May, 2008. The Clerk shall take all actions
necessary to promptly effect the transfer of this action to the District of Delaware.
HONORABLE FAITH S. HOCHBERG
United States District Judge
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