Thermal Corp. v. Momentive Performance Materials Inc.

1:10-cv-00380

Overview

Case Number 1:10-cv-00380

Filing Date 2010-05-06

Status Terminated

Termination Date 2011-06-01

Court District Court, D. Delaware (ded)

Presiding Judge Leonard P. Stark

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Momentive Performance Materials Inc.

1 Attorneys Listed

Thermacore Inc.

2 Attorneys Listed

Thermal Corp.

2 Attorneys Listed

District Court, D. Delaware (ded)

Presiding Judge

Leonard P. Stark

Patents Involved

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US5296310	Espacenet Google Patents

Docket Entries

Thermal Corp. v. Momentive Performance Materials Inc.

Overview

Parties

Counter Defendant

Momentive Performance Materials Inc. Follow

Represented By

Counter Claimant

Thermacore Inc. Follow

Represented By

Thermal Corp. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed with Jury Demand against Momentive Performance Materials Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-730824.) - filed by Thermal Corp., Thermacore Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(fms) (Entered: 05/07/2010)

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (fms) (Entered: 05/07/2010)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,296,310 (fms) (Entered: 05/07/2010)

ORDER REFERRING CASE to Magistrate Judge Mary Pat Thynge. Signed by Judge Joseph J. Farnan, Jr. on 5/14/2010. (nms) (Entered: 05/14/2010)

Return of Service Executed by Thermal Corp., Thermacore Inc.. Momentive Performance Materials Inc. served on 6/1/2010, answer due 6/22/2010. (Primack, David) (Entered: 06/04/2010)

MOTION to Dismiss for Failure to State a Claim Or, In The Alternative, For A More Definite Statement - filed by Momentive Performance Materials Inc.. Motions referred to Mary Pat Thynge.(Graham, Mary) (Entered: 06/21/2010)

OPENING BRIEF in Support re 6 MOTION to Dismiss for Failure to State a Claim Or, In The Alternative, For A More Definite Statement filed by Momentive Performance Materials Inc..Answering Brief/Response due date per Local Rules is 7/9/2010. (Graham, Mary) (Entered: 06/21/2010)

ANSWERING BRIEF in Opposition re 6 MOTION to Dismiss for Failure to State a Claim Or, In The Alternative, For A More Definite Statement filed by Thermacore Inc., Thermal Corp..Reply Brief due date per Local Rules is 7/19/2010. (Primack, David) (Entered: 07/08/2010)

REPLY BRIEF re 6 MOTION to Dismiss for Failure to State a Claim Or, In The Alternative, For A More Definite Statement filed by Momentive Performance Materials Inc.. (Smith, Rodger) (Entered: 07/19/2010)

MOTION for Pro Hac Vice Appearance of Attorney Robert A. Koons, Jr., Esq. - filed by Thermacore Inc., Thermal Corp.. Motions referred to Mary Pat Thynge.(Primack, David) (Entered: 07/20/2010)

MOTION for Pro Hac Vice Appearance of Attorney Andrea L. D'Ambra, Esq. - filed by Thermacore Inc., Thermal Corp.. Motions referred to Mary Pat Thynge.(Primack, David) (Entered: 07/20/2010)

REQUEST for Oral Argument by Thermacore Inc., Thermal Corp. re 6 MOTION to Dismiss for Failure to State a Claim Or, In The Alternative, For A More Definite Statement. (Primack, David) (Entered: 07/22/2010)

Order Setting Teleconference: Telephone Conference set for 8/12/2010 at 9:00 AM before Judge Mary Pat Thynge to discuss the status of the case. Signed by Judge Mary Pat Thynge on 8/6/2010. (cak) (Entered: 08/06/2010)

Order Setting Teleconference: Telephone Conference set for 8/19/2010 at 3:30 PM before Judge Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 8/13/2010. (cak) (Entered: 08/13/2010)

PROPOSED ORDER / Proposed Scheduling Order by Thermacore Inc., Thermal Corp.. (Attachments: # 1 Letter to Judge Thynge)(Primack, David) (Entered: 08/17/2010)

PROPOSED Scheduling Order, by Thermacore Inc., Thermal Corp.. (Attachments: # 1 Letter to Judge Thynge)(Primack, David) Modified on 8/24/2010 (nms). (Entered: 08/20/2010)

ORDER Setting Mediation Conferences: Mediation Conference set for 11/15/2010 at 9:00 AM in Courtroom 2B before Judge Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 8/30/2010. (cak) (Entered: 08/30/2010)

ORDER granting 16 Plaintiffs' Unopposed Motion to Amend their Complaint. Signed by Judge Mary Pat Thynge on 9/10/2010. (cak) (Entered: 09/10/2010)

AMENDED COMPLAINT for Patent Infringement against Momentive Performance Materials Inc.- filed by Thermal Corp., Thermacore Inc.. (Attachments: # 1 Exhibit A)(Primack, David) (Entered: 09/16/2010)

AMENDED COMPLAINT for Patent Infringement against Momentive Performance Materials Inc.- filed by Thermal Corp., Thermacore Inc.. (Attachments: # 1 Exhibit A)(Primack, David) (Entered: 09/16/2010)

NOTICE OF SERVICE of Plaintiffs' Initial Disclosures by Thermacore Inc., Thermal Corp..(Schiltz, Todd) (Entered: 09/17/2010)

ANSWER to 23 Amended Complaint with Jury Demand, by Momentive Performance Materials Inc.. (Attachments: # 1 Exhibits A through B)(Graham, Mary) Modified on 9/27/2010 (nms). (Entered: 09/24/2010)

NOTICE OF SERVICE of Plaintiffs' First Request for Production of Documents and First Set of Interrogatories by Thermacore Inc., Thermal Corp..(Primack, David) (Entered: 09/29/2010)

NOTICE of Appearance by Todd C. Schiltz on behalf of Thermacore Inc., Thermal Corp. (Schiltz, Todd) (Entered: 09/30/2010)

MOTION to Dismiss Defendant's Counterclaim for Tortious Interference With Prospective Contractual Relations - filed by Thermacore Inc., Thermal Corp.. Motions referred to Mary Pat Thynge.(Primack, David) Modified on 10/19/2010 (nms). (Entered: 10/18/2010)

Answer to Momentive Performance Materials, Inc.'s Counterclaims to the Complaint against Momentive Performance Materials Inc. - filed by Thermal Corp., Thermacore Inc..(Primack, David) Modified on 10/19/2010 (nms). (Entered: 10/18/2010)

ORAL ORDER: this case is no longer referred to Magistrate Judge Thynge. ORDERED by Judge Leonard P. Stark on 10/19/10.(ntl) (Entered: 10/19/2010)

NOTICE OF SERVICE of 1) Response to Plaintiffs' First Set of Interrogatories; and 2) Response to Plaintiffs' First Set of Requests for the Production by Momentive Performance Materials Inc..(Graham, Mary) (Entered: 11/01/2010)

MOTION for Pro Hac Vice Appearance of Attorney William D. Coston, Keith G. Haddaway and Tamany Vinson Bentz of Venable, LLP - filed by Momentive Performance Materials Inc.. (Graham, Mary) (Entered: 11/03/2010)

SO ORDERED, re 36 MOTION for Pro Hac Vice Appearance of Attorney William D. Coston, Keith G. Haddaway and Tamany Vinson Bentz of Venable, LLP filed by Momentive Performance Materials Inc. Signed by Judge Leonard P. Stark on 11/8/2010. (rpg) Modified on 11/8/2010 (rpg). (Entered: 11/08/2010)

Proposed MOTION for Protective Order (Stipulated) - filed by Thermacore Inc., Thermal Corp.. (Schiltz, Todd) (Entered: 11/12/2010)

SO ORDERED, re 39 Proposed MOTION for Protective Order (Stipulated) filed by Thermacore Inc., Thermal Corp. Signed by Judge Leonard P. Stark on 11/12/2010. (rpg) (Entered: 11/12/2010)

ANSWER to 32 Counterclaim [Defendant Momentive Performance Materials Inc.'s Answer to Plaintiffs Thermal Corp. and Thermacore Inc.'s Counter-Counterclaims] by Momentive Performance Materials Inc..(Graham, Mary) (Entered: 11/12/2010)

REPLY BRIEF re 30 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss Defendant's Counterclaim for Tortious Interference With Prospective Contractual Relations) filed by Thermacore Inc., Thermal Corp.. (Primack, David) (Entered: 11/15/2010)

ORAL ORDER: IT IS HEREBY ORDERED that the status teleconference scheduled for 6/8/11 at 4:45 PM is CANCELLED, and is hereby re-scheduled for 6/8/11 at 2:45 PM. ORDERED by Judge Leonard P. Stark on 5/26/11. (ntl) (Entered: 05/26/2011)

STIPULATION of Dismissal With Prejudice by Momentive Performance Materials Inc., Thermacore Inc., Thermal Corp.. (Graham, Mary) (Entered: 05/31/2011)

SO ORDERED, re 45 Stipulation of Dismissal filed by Thermacore Inc., Thermal Corp., Momentive Performance Materials Inc., ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 6/1/11. (ntl) (Entered: 06/01/2011)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,296,310. (ntl) (Entered: 06/01/2011)

Track Case Updates

Momentive Performance Materials Inc.

Thermacore Inc.

Thermal Corp.