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

Filing 61

ANSWER to 47 Answer to Complaint, Counterclaim by Bedrock Computer Technologies, LLC.(Baxter, Samuel)

Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al Doc. 61 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Bedrock Computer Technologies LLC, Plaintiff, v. 1. Softlayer Technologies, Inc., 2. CitiWare Technology Solutions, LLC, 3. Google Inc., 4. Yahoo! Inc., 5. MySpace Inc., 6. Amazon.com Inc., 7. PayPal Inc., 8. Match.com, Inc., 9. AOL LLC, and 10. CME Group Inc., Defendants. Case No. 6:09-CV-269 Jury Trial Demanded PLAINTIFF'S REPLY TO DEFENDANT SOFTLAYER TECHNOLOGIES, INC.'S ORIGINAL ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS Plaintiff Bedrock Computer Technologies LLC ("Bedrock") files this Reply to the Original Answer, Affirmative Defenses, and Counterclaims of Defendant Softlayer Technologies, Inc. ("Softlayer"), filed August 10, 2009, as follows. All allegations not expressly admitted are denied. The first set of paragraphs marked 1-21 of Softlayer's Answer do not require a response. AFFIRMATIVE DEFENSES 1. Bedrock incorporates by reference the allegations in its Complaint for Patent Infringement in response to each and every of Softlayer's Affirmative Defenses. 1 Dallas 285121v1 Dockets.Justia.com 2. Defenses. 3. Defenses. 4. Defenses. 5. Defenses. 6. Defenses. 7. Defenses. 8. Defenses. 9. Defenses. Bedrock denies all allegations contained in Paragraph 1 of Softlayer's Affirmative Bedrock denies all allegations contained in Paragraph 2 of Softlayer's Affirmative Bedrock denies all allegations contained in Paragraph 3 of Softlayer's Affirmative Bedrock denies all allegations contained in Paragraph 4 of Softlayer's Affirmative Bedrock denies all allegations contained in Paragraph 5 of Softlayer's Affirmative Bedrock denies all allegations contained in Paragraph 6 of Softlayer's Affirmative Bedrock denies all allegations contained in Paragraph 7 of Softlayer's Affirmative Bedrock denies all allegations contained in Paragraph 8 of Softlayer's Affirmative RESPONSE TO COUNTERCLAIMS 10. Bedrock incorporates by reference the allegations in its Complaint for Patent Infringement in response to each and every of Softlayer's Counterclaims. 11. Bedrock admits that this Court has jurisdiction as alleged in Paragraph 1 of Softlayer's Counterclaims, but denies that Softlayer is entitled to any relief requested. 2 Dallas 285121v1 12. Bedrock admits the this Court has subject matter jurisdiction as alleged in Paragraph 2 of Softlayer's Counterclaims, but denies that Softlayer is entitled to any relief requested. 13. 14. 15. Bedrock admits the allegations of Paragraph 3. Bedrock admits the allegations of Paragraph 4. With respect to Paragraph 5, Bedrock admits that an actual and justiciable controversy exists between Bedrock and Softlayer with respect to the validity and infringement of the '120 patent. Bedrock denies that there is an actual and justiciable controversy with respect to the enforceability of the '120 patent because Softlayer has not alleged any facts upon which the '120 patent can be adjudged unenforceable under the doctrine of inequitable conduct. 16. Bedrock denies the allegations of Paragraph 6. PRAYER FOR RELIEF Bedrock incorporates by reference the Prayer for Relief set forth in Bedrock's Complaint for Patent Infringement. Bedrock denies that Softlayer is entitled to any relief. 3 Dallas 285121v1 DATED: September 3, 2009 Respectfully submitted, McKOOL SMITH, P.C. _/s/ Sam F. Baxter_________ Sam F. Baxter, Lead Attorney Texas Bar No. 01938000 McKOOL SMITH, P.C. sbaxter@mckoolsmith.com 104 E. Houston Street, Suite 300 P.O. Box 0 Marshall, Texas 75670 Telephone: (903) 923-9000 Facsimile: (903) 923-9099 Douglas A. Cawley Texas Bar No. 04035500 dcawley@mckoolsmith.com Theodore Stevenson, III Texas Bar No. 19196650 tstevenson@mckoolsmith.com J. Austin Curry Texas Bar No. 24059636 acurry@mckoolsmith.com McKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: 214-978-4000 Facsimile: 214-978-4044 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 4 Dallas 285121v1 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 have consented to electronic service on this, the 3rd day of September, 2009. Local Rule CV53(a)(3)(A). /s/ Austin Curry Austin Curry 5 Dallas 285121v1