Mirror Worlds, LLC v. Apple, Inc.

Filing 16

Plaintiff's ANSWER to 13 Answer to Complaint,, Counterclaim, and Affirmative Defenses by Mirror Worlds, LLC.(Carroll, Otis)

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M i r r o r W o r l d s , L L C v . A p p l e , I n c . D o c UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC Plaintiff, Civil Action No. 6:08-CV-88 LED JURY TRIAL DEMANDED v. APPLE, INC. Defendant. PLAINTIFF'S REPLY TO DEFENDANT APPLE INC.'S COUNTERCLAIMS Plaintiff Mirror Worlds, LLC ("Mirror Worlds") replies to the Counterclaims of Defendant Apple, Inc. ("Apple"). Paragraphs 41-81, below, correspond to the paragraph numbers of the allegations in Apple's Counterclaims to which they respond: 41. Admits the allegations of paragraph 41 of Apple's Counterclaims, upon information and belief. 42. 43. 44. 45. Admits the allegations of paragraph 42 of Apple's Counterclaims. Admits the allegations of paragraph 43 of Apple's Counterclaims. Admits the allegations of paragraph 44 of Apple's Counterclaims. Admits the allegations of paragraph 45 of Apple's Counterclaims. COUNT ONE - UNITED STATES PATENT NO. 6,006,227 46. Admits the allegations of paragraph 46 of Apple's Counterclaims. 1 D o c k e t A. 47. Declaration of Alleged Noninfringement Admits that Apple purports to reallege and incorporate by reference the allegations set forth in paragraphs 1-46 of Apple's Answer, Affirmative Defenses, and Counterclaims. Except as so admitted, Mirror Worlds denies the allegations of paragraph 47 of Apple's Counterclaims. 48. Admits that an actual and justiciable controversy exists between Mirror Worlds and Apple with respect to the '227 patent, admits that Mirror Worlds has brought the present action against Apple alleging that Apple infringes the '227 patent, and that Apple denies that allegation. Except as so admitted, Mirror Worlds denies the allegations of paragraph 48 of Apple's Counterclaims. 49. 50. B. 51. Denies the allegations of paragraph 49 of Apple's Counterclaims. Denies the allegations of paragraph 50 of Apple's Counterclaims. Declaration of Alleged Invalidity Admits that Apple purports to reallege and incorporate by reference the allegations set forth in paragraphs 1-50 of Apple's Answer, Affirmative Defenses, and Counterclaims. Except as so admitted, Mirror Worlds denies the allegations of paragraph 51 of Apple's Counterclaims. 52. Admits that an actual and justiciable controversy exists between Mirror Worlds and Apple with respect to the '227 patent, admits that Mirror Worlds has brought the present action against Apple alleging that Apple infringes the '227 patent, and that Apple denies that allegation. Except as so admitted, Mirror Worlds denies the allegations of paragraph 52 of Apple's Counterclaims. 53. Denies the allegations of paragraph 53 of Apple's Counterclaims. 2 54. Denies the allegations of paragraph 54 of Apple's Counterclaims. COUNT TWO - UNITED STATES PATENT NO. 6,638,313 55. A. 56. Admits the allegations of paragraph 55 of Apple's Counterclaim. Declaration of Alleged Noninfringement Admits that Apple purports to reallege and incorporate by reference the allegations set forth in paragraphs 1-55 of Apple's Answer, Affirmative Defenses, and Counterclaims. Except as so admitted, Mirror Worlds denies the allegations of paragraph 56 of Apple's Counterclaims. 57. Admits that an actual and justiciable controversy exists between Mirror Worlds and Apple with respect to the '313 patent, admits that Mirror Worlds has brought the present action against Apple alleging that Apple infringes the '313 patent, and that Apple denies that allegation. Except as so admitted, Mirror Worlds denies the allegations of paragraph 57 of Apple's Counterclaims. 58. 59. B. 60. Denies the allegations of paragraph 58 of Apple's Counterclaims. Denies the allegations of paragraph 59 of Apple's Counterclaims. Declaration of Alleged Invalidity Admits that Apple purports to reallege and incorporate by reference the allegations set forth in paragraphs 1-59 of Apple's Answer, Affirmative Defenses, and Counterclaims. Except as so admitted, Mirror Worlds denies the allegations of paragraph 60 of Apple's Counterclaims. 61. Admits that an actual and justiciable controversy exists between Mirror Worlds and Apple with respect to the '313 patent, admits that Mirror Worlds has brought the present action against Apple alleging that Apple infringes the '313 patent, and that Apple denies that 3 allegation. Except as so admitted, Mirror Worlds denies the allegations of paragraph 61 of Apple's Counterclaims. 62. 63. Denies the allegations of paragraph 62 of Apple's Counterclaims. Denies the allegations of paragraph 63 of Apple's Counterclaims. COUNT THREE - UNITED STATES PATENT NO. 6,725,427 64. A. 65. Admits the allegations of paragraph 64 of Apple's Counterclaims. Declaration of Alleged Noninfringement Admits that Apple purports to reallege and incorporate by reference the allegations set forth in paragraphs 1-64 of Apple's Answer, Affirmative Defenses, and Counterclaims. Except as so admitted, Mirror Worlds denies the allegations of paragraph 65 of Apple's Counterclaims. 66. Admits that an actual and justiciable controversy exists between Mirror Worlds and Apple with respect to the '427 patent, admits that Mirror Worlds has brought the present action against Apple alleging that Apple infringes the '427 patent, and that Apple denies that allegation. Except as so admitted, Mirror Worlds denies the allegations of paragraph 66 of Apple's Counterclaims. 67. 68. B. 69. Denies the allegations of paragraph 67 of Apple's Counterclaims. Denies the allegations of paragraph 68 of Apple's Counterclaims. Declaration of Alleged Invalidity Admits that Apple purports to reallege and incorporate by reference the allegations set forth in paragraphs 1-68 of Apple's Answer, Affirmative Defenses, and Counterclaims. Except as so admitted, Mirror Worlds denies the allegations of paragraph 69 of Apple's Counterclaims. 4 70. Admits that an actual and justiciable controversy exists between Mirror Worlds and Apple with respect to the '427 patent, admits that Mirror Worlds has brought the present action against Apple alleging that Apple infringes the '427 patent, and that Apple denies that allegation. Except as so admitted, Mirror Worlds denies the allegations of paragraph 70 of Apple's Counterclaims. 71. 72. Denies the allegations of paragraph 71 of Apple's Counterclaims. Denies the allegations of paragraph 72 of Apple's Counterclaims. COUNT FOUR - UNITED STATES PATENT NO. 6,768,999 73. A. 74. Admits the allegations of paragraph 73 of Apple's Counterclaims. Declaration of Alleged Noninfringement Admits that Apple purports to reallege and incorporate by reference the allegations set forth in paragraphs 1-73 of Apple's Answer, Affirmative Defenses, and Counterclaims. Except as so admitted, Mirror Worlds denies the allegations of paragraph 74 of Apple's Counterclaims. 75. Admits that an actual and justiciable controversy exists between Mirror Worlds and Apple with respect to the '999 patent, admits that Mirror Worlds has brought the present action against Apple alleging that Apple infringes the '999 patent, and that Apple denies that allegation. Except as so admitted, Mirror Worlds denies the allegations of paragraph 75 of Apple's Counterclaims. 76. 77. Denies the allegations of paragraph 76 of Apple's Counterclaims. Denies the allegations of paragraph 77 of Apple's Counterclaims. 5 B. 78. Declaration of Alleged Invalidity Admits that Apple purports to reallege and incorporate by reference the allegations set forth in paragraphs 1-77 of Apple's Answer, Affirmative Defenses, and Counterclaims. Except as so admitted, Mirror Worlds denies the allegations of paragraph 78 of Apple's Counterclaims. 79. Admits that an actual and justiciable controversy exists between Mirror Worlds and Apple with respect to the '999 patent, admits that Mirror Worlds has brought the action against Apple alleging that Apple infringes the '999 patent, and that Apple denies that allegation. Except as so admitted, Mirror Worlds denies the allegations of paragraph 79 of Apple's Counterclaims. 80. 81. Denies the allegations of paragraph 80 of Apple's Counterclaims. Denies the allegations of paragraph 81 of Apple's Counterclaims. APPLE'S PRAYER FOR RELIEF To the extent necessary, Mirror Worlds denies that Apple is entitled to any of the relief requested in its prayer for relief. In addition, to the extent necessary, Mirror Worlds denies any allegation in Apple's Counterclaims not specifically admitted above, and Mirror Worlds realleges infringement, enforceability, validity and its damages, and denies any allegations in Apple's Counterclaims adverse to same. AFFIRMATIVE DEFENSES Apple's Counterclaims fail to state a claim for which relief may be granted. MIRROR WORLDS'S PRAYER FOR RELIEF Wherefore, Mirror Worlds prays that the Court: 1. Dismiss Apple's Counterclaims in their entirety with prejudice; 6 2. 3. and proper. Award Mirror Worlds the relief sought in its Original Complaint; and Award Mirror Worlds such other and further relief as the Court may deem just Dated: June 10, 2008 Respectfully submitted, BY: /s/ Otis Carroll___________________ Otis Carroll, Lead Counsel Texas State Bar No. 03895700 Deborah Race Texas State Bar No. 16448700 IRELAND, CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Tel: (903) 561-1600 Fax: (903) 581-1071 Email: Fedserv@icklaw.com OF COUNSEL: Joseph Diamante Kenneth Stein Richard An JENNER & BLOCK, LLP 919 Third Avenue, 37th Floor New York, New York 10022-3908 Tel: (212) 891-1600 Fax: (212) 891-1699 Email: jdiamante@jenner.com Email: ran@jenner.com Dr. Gregory J. Gonsalves JENNER & BLOCK, LLP 601 Thirteenth Street, N.W. Suite 1200 South Washington, DC 20005 Tel: (202) 639-6000 Fax: (202) 661-4909 Email: ggonsalves@jenner.com ATTORNEYS FOR PLAINTIFF, MIRROR WORLDS, LLC 7 CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by facsimile transmission and/or first class mail this 10th day of June, 2008. /s/ Otis Carroll______________________ 8