Federal-Mogul Corp. and Felt Products Mfg. Co. v. ElringKlinger AG

Federal-Mogul Corp. and Felt Products Mfg. Co. v. ElringKlinger AG

D.N.J. (2004)

Fitzpatrick Obtains Dismissal of Litigation in Favor of Arbitration

Fitzpatrick attorneys successfully obtained dismissal of an action for patent infringement, trade secret misappropriation and breach of contract brought by Federal-Mogul against Fitzpatrick client ElringKlinger. The court, agreeing with ElringKlinger, found that all of the asserted claims were subject to an arbitration clause, including the question of the alleged termination of the agreement containing the arbitration clause. Fitzpatrick, at the same time, defeated a motion for summary judgment brought by Federal-Mogul seeking a declaration that the agreement had been terminated.

Lead counsel for ElringKlinger was partner Bruce C. Haas.