Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 546

ANSWER to 472 Answer to Amended Complaint, Counterclaim by Bedrock Computer Technologies, LLC.(Cawley, Douglas)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION BEDROCK COMPUTER TECHNOLOGIES LLC, Plaintiff, v. SOFTLAYER TECHNOLOGIES, INC., CITIWARE TECHNOLOGY SOLUTIONS, LLC, GOOGLE INC., YAHOO! INC., MYSPACE INC., AMAZON.COM INC., PAYPAL INC., MATCH.COM, INC., AOL INC., AND CME GROUP INC., Defendants. CASE NO. 6:09-cv-269 Jury Trial Demanded BEDROCK COMPUTER TECHNOLOGIES LLC'S REPLY TO DEFENDANT AOL INC.'S ANSWER TO BEDROCK'S THIRD AMENDED COMPLAINT, AFFIRMATIVE DEFENSES, COUNTERCLAIMS, AND JURY DEMAND Plaintiff Bedrock Computer Technologies LLC ("Bedrock") files this Reply to Defendant AOL Inc.'s ("AOL") Answer to Bedrock's Third Amended Complaint, Affirmative Defenses, Counterclaims, and Jury Demand filed on February 10, 2011 (Dkt. No. 472). All allegations not expressly admitted are denied. Paragraphs marked 1-28 of AOL's Answer to Bedrock's Third Amended Complaint do not require a response. PRAYER FOR RELIEF 29. Bedrock denies AOL's claim that Bedrock is not entitled to any relief requested. BEDROCK'S REPLY TO AOL'S ANSWER TO BEDROCK'S THIRD AMENDED COMPLAINT Dallas 318776v1 PAGE 1 ADDITIONAL DEFENSES Bedrock incorporates by reference the allegations in its Third Amended Complaint for Patent Infringement (Dkt. No. 410) 1 in response to each and every of AOL's Additional Defenses. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. Bedrock denies the allegations contained in AOL's Additional Defenses. Bedrock denies the allegations contained in AOL's First Additional Defense. Bedrock denies the allegations contained in AOL's Second Additional Defense. Bedrock denies the allegations contained in AOL's Third Additional Defense. Bedrock denies the allegations contained in AOL's Fourth Additional Defense. Bedrock denies the allegations contained in AOL's Fifth Additional Defense. Bedrock denies the allegations contained in AOL's Sixth Additional Defense. Bedrock denies the allegations contained in AOL's Seventh Additional Defense. Bedrock denies the allegations contained in AOL's Eighth Additional Defense. Bedrock denies the allegations contained in AOL's Ninth Additional Defense. Bedrock denies the allegations contained in AOL's Tenth Additional Defense. Bedrock denies the allegations contained in AOL's Eleventh Additional Defense. AOL'S COUNTERCLAIMS Bedrock incorporates by reference the allegations in its Third Amended Complaint for Patent Infringement against AOL in response to each and every one of AOL's Counterclaims and denies that AOL is entitled to any relief requested. 1. 2. Bedrock admits the allegations contained in paragraph 1 of AOL's Counterclaims. Bedrock admits the allegations contained in paragraph 2 of AOL's Counterclaims. 1 Incorrectly filed and titled "First Amended Complaint for Patent Infringement." BEDROCK'S REPLY TO AOL'S ANSWER TO BEDROCK'S THIRD AMENDED COMPLAINT Dallas 318776v1 PAGE 2 3. Bedrock admits that this Court has subject matter jurisdiction as alleged in paragraph 3 of AOL's Counterclaims but denies that AOL is entitled to any relief requested. 4. 5. Bedrock admits the allegations contained in paragraph 4 of AOL's Counterclaims. Bedrock admits the allegations contained in paragraph 5 of AOL's Counterclaims but denies that AOL is entitled to any relief requested. 6. Bedrock admits that it asserts that AOL infringes U.S. Patent No. 5, 893,120 (the "'120 Patent"). Bedrock also admits that an actual case or controversy exists between the parties regarding infringement and validity of the '120 Patent but denies the remaining allegations contained in paragraph 6 of AOL's Counterclaims. 7. Bedrock denies that AOL is entitled to any relief requested in paragraph 7 of AOL's Counterclaims. 8. 9. Bedrock admits the allegations contained in paragraph 8 of AOL's Counterclaims. Bedrock admits that AOL seeks a judicial declaration regarding infringement of the '120 Patent but denies the remaining allegations contained in paragraph 9 of AOL's Counterclaims. 10. Bedrock denies that AOL is entitled to any relief requested in paragraph 10 of AOL's Counterclaims. 11. Bedrock admits the allegations contained in paragraph 11 of AOL's Counterclaims. 12. Bedrock admits that AOL seeks a judicial declaration regarding the validity of the '120 Patent but denies the remaining allegations contained in paragraph 12 of AOL's Counterclaims. BEDROCK'S REPLY TO AOL'S ANSWER TO BEDROCK'S THIRD AMENDED COMPLAINT Dallas 318776v1 PAGE 3 PRAYER FOR RELIEF Bedrock incorporates by reference the Prayer for Relief set forth in Bedrock's Third Amended Complaint for Patent Infringement. Bedrock denies that AOL Inc. is entitled to any relief requested. DATED: March 7, 2011. Respectfully submitted, McKOOL SMITH, P.C. /s/ Douglas A. Cawley Douglas A. Cawley, Lead Attorney Texas Bar No. 04035500 dcawley@mckoolsmith.com Theodore Stevenson, III Texas Bar No. 19196650 tstevenson@mckoolsmith.com Rosemary T. Snider Texas Bar No. 18796500 rsnider@mckoolsmith.com Scott W. Hejny Texas State Bar No. 24038952 shejny@mckoolsmith.com Jason D. Cassady Texas Bar No. 24045625 jcassady@mckoolsmith.com J. Austin Curry Texas Bar No. 24059636 acurry@mckoolsmith.com Phillip M. Aurentz Texas State Bar No. 24059404 paurentz@mckoolsmith.com McKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: 214-978-4000 Facsimile: 214-978-4044 Sam F. Baxter Texas Bar No. 01938000 McKOOL SMITH, P.C. sbaxter@mckoolsmith.com BEDROCK'S REPLY TO AOL'S ANSWER TO BEDROCK'S THIRD AMENDED COMPLAINT Dallas 318776v1 PAGE 4 104 E. Houston Street, Suite 300 P.O. Box 0 Marshall, Texas 75670 Telephone: (903) 923-9000 Facsimile: (903) 923-9099 Robert M. Parker Texas Bar No. 15498000 Robert Christopher Bunt Texas Bar No. 00787165 PARKER, BUNT & AINSWORTH, P.C. 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 Telephone: 903-531-3535 Facsimile: 903-533-9687 E-mail: rmparker@pbatyler.com E-mail: rcbunt@pbatyler.com ATTORNEYS FOR PLAINTIFF BEDROCK COMPUTER TECHNOLOGIES LLC CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who has consented to electronic service on March 7, 2011. Local Rule CV-5(a)(3)(A). /s/ Jason D. Cassady Jason D. Cassady BEDROCK'S REPLY TO AOL'S ANSWER TO BEDROCK'S THIRD AMENDED COMPLAINT Dallas 318776v1 PAGE 5