The Hershey Company v. Hottrix LLC

Filing 25

MOTION to Dismiss Counterclaims and for Judgment on the Pleadings by The Hershey Company. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Freedenberg, Harvey)

McNEES WALLACE & NURICK LLC Harvey Freedenberg Alan R. Boynton, Jr. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Thomas A. Smart Paul C. Llewellyn Kaye Scholer LLP 425 Park Avenue New York, NY 10022 Attorneys for Plaintiff / Counterclaim Defendant The Hershey Company UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA THE HERSHEY COMPANY, Plaintiff/Counterclaim Defendant, v. HOTTRIX LLC, Defendant/Counterclaim Plaintiff. | | | | | | | | | |

No. 1:10-cv-1178-JEJ JUDGE JOHN E. JONES III

MOTION OF THE HERSHEY COMPANY TO DISMISS COUNTERCLAIMS AND FOR JUDGMENT ON THE PLEADINGS Plaintiff / counterclaim defendant The Hershey Company ("Hershey") hereby moves pursuant to Rule 12(b)(6), Fed. R. Civ., P., to dismiss the counterclaims of defendant / counterclaim plaintiff Hottrix LLC, and for judgment on the pleadings pursuant to Rule 12(c), Fed. R. Civ. P., with respect to Hershey's claim for declaratory judgment of non-infringement. Hershey relies, in support of

this application, upon this Motion, the pleadings in this action, the accompanying Declaration of Victoria Haje, dated September 24, 2010, and exhibits thereto, and the accompanying Brief in support of Hershey's application. Dated: September 27, 2010 McNEES WALLACE & NURICK LLC /s/Harvey Freedenberg Harvey Freedenberg Alan R. Boynton, Jr. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff/Counterclaim Defendant, The Hershey Company Of Counsel: Thomas A. Smart Paul C. Llewellyn KAYE SCHOLER LLP 425 Park Avenue New York, New York 10022 Telephone: [phone] Facsimile: [phone]

2

CERTIFICATE OF SERVICE I hereby certify that on this date, I electronically filed the foregoing document with the Clerk of Court using CM/ECF and that the document is being served electronically upon counsel of record through the Court's electronic transmission facilities, with the exception of the physical exhibits to the Declaration of Victoria Haje, which were hand-delivered to the Court and counsel.

/s/ Harvey Freedenberg Harvey Freedenberg Of Counsel for Plaintiff/Counterclaim Defendant, The Hershey Company

Dated: September 27, 2010