craigslist, Inc. v. GraphOn Corporation

Filing 14

ANSWER TO 7 COUNTERCLAIM of GraphOn Corporation bycraigslist, Inc. (Kao, Christopher) (Filed on 4/29/2010) Modified on 4/30/2010 (mcl, COURT STAFF).

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Christopher Kao (SBN 237716) E-mail: [e-mail] Brian Hennessy (SBN 226721) E-mail: [e-mail] PERKINS COIE LLP 101 Jefferson Drive Menlo Park, CA 94025-1114 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff craigslist, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

craigslist, Inc., a Delaware corporation, Plaintiff, v. GraphOn Corporation, a Delaware corporation, Defendant. GraphOn Corporation, a Delaware corporation, Counter-Plaintiff, v. craigslist, Inc., a Delaware corporation, Counter-Defendant.

Case No. CV-10-1156 CRB CRAIGSLIST, INC.'S ANSWER TO COUNTERCLAIM OF GRAPHON CORPORATION

-1CRAIGSLIST'S ANSWER TO GRAPHON'S COUNTERCLAIM
40753-0067/LEGAL18112926.2

CV-10-1156 CRB

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Plaintiff craigslist, Inc. ("craigslist"), for its Answer to the Counterclaim of GraphOn Corporation ("GraphOn"), states as follows: JURISDICTION AND VENUE 1. craigslist admits that GraphOn's Counterclaim arises under the United States

Patent Act, 35 U.S.C. § 1 et seq. craigslist further admits that GraphOn purports to request damages for infringement of the patents-in-suit, but denies that GraphOn is entitled to any damages. Except as expressly admitted herein, craigslist denies each and every allegation of Paragraph 1 of the Counterclaim. 2. craigslist admits that this Court has jurisdiction over the subject matter of the

Counterclaim under 28 U.S.C. §§ 1331 and 1338(a). Except as expressly admitted herein, craigslist denies each and every allegation of Paragraph 2 of the Counterclaim. 3. craigslist admits that the Court has personal jurisdiction over craigslist because

craigslist has submitted to this Court's jurisdiction by bringing the present action. Except as expressly admitted herein, craigslist denies each and every allegation of Paragraph 3 of the Counterclaim. PARTIES 4. craigslist admits that GraphOn is a corporation organized under the laws of the

State of Delaware, with its principal place of business in Santa Cruz, California. Except as expressly admitted herein, craigslist denies each and every allegation of Paragraph 4 of GraphOn's Counterclaim. 5. craigslist admits that it is a Delaware corporation, with its principal place of

business in San Francisco, California. Except as expressly admitted herein, craigslist denies each and every allegation of Paragraph 5 of GraphOn's Counterclaim.

FIRST COUNTERCLAIM [Alleged] Infringement of the '538, '940, '034, and '591 Patents 6. craigslist incorporates by reference its responses to Paragraphs 1-5 of the

Counterclaim as if fully set forth herein. -2CRAIGSLIST'S ANSWER TO GRAPHON'S COUNTERCLAIM
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7.

craigslist admits that United States Patent Number 6,324,538 ("the '538 patent")

purports to be titled "Automated On-Line Information Service and Directory, Particularly for the World Wide Web," that Ralph E. Wesinger, Jr. and Christopher D. Coley are listed on the '538 patent as inventors, and that the '538 Patent issued on November 27, 2001. craigslist denies that the '538 patent was "duly and legally issued," as it is invalid and unenforceable. craigslist does not have knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, denies the same. Except as expressly admitted herein, craigslist denies each and every allegation of Paragraph 7 of GraphOn's Counterclaim. 8. craigslist admits that United States Patent Number 6,850,940 ("the '940 patent")

purports to be titled "Automated On-Line Information Service and Directory, Particularly for the World Wide Web," that Ralph E. Wesinger, Jr. and Christopher D. Coley are listed on the '940 patent as inventors, and that the '940 patent issued on February 1, 2005. craigslist denies that the '940 patent was "duly and legally issued," as it is invalid and unenforceable. craigslist does not have knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, denies the same. Except as expressly admitted herein, craigslist denies each and every allegation of Paragraph 8 of GraphOn's Counterclaim. 9. craigslist admits that United States Patent Number 7,028,034 ("the '034 patent")

purports to be titled "Method and Apparatus for Providing a Dynamically-Updating Pay-ForService Web Site," that Ralph E. Wesinger, Jr. and Christopher D. Coley are listed on the '034 patent as inventors, and that the '034 patent issued on April 11, 2006. craigslist denies that the '034 patent was "duly and legally issued," as it is invalid and unenforceable. craigslist does not have knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, denies the same. Except as expressly admitted herein, craigslist denies each and every allegation of Paragraph 9 of GraphOn's Counterclaim. 10. craigslist admits that United States Patent Number 7,269,591 ("the '591 patent")

purports to be titled "Method and Apparatus for Providing a Pay-For-Service Web Site," that Ralph E. Wesinger, Jr. and Christopher D. Coley are listed on the '034 patent as inventors, and -3CRAIGSLIST'S ANSWER TO GRAPHON'S COUNTERCLAIM
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that the '591 patent issued on September 11, 2007. craigslist denies that the '591 patent was "duly and legally issued," as it is invalid and unenforceable. craigslist does not have knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, denies the same. Except as expressly admitted herein, craigslist denies each and every allegation of Paragraph 10 of GraphOn's Counterclaim. 11. craigslist admits that it operates the website, www.craigslist.org, which provides

online localized classified ad placement and related online services. Except as expressly admitted herein, craigslist denies each and every allegation of Paragraph 11 of GraphOn's Counterclaim. 12. Counterclaim. 13. Counterclaim. 14. Counterclaim. AFFIRMATIVE DEFENSES As and for its affirmative defenses to all claims purported to be set forth against it in GraphOn's Counterclaim, including the Prayer for Relief therein, craigslist alleges as follows: FIRST AFFIRMATIVE DEFENSE (Failure to State a Claim) 1. GraphOn's Counterclaim fails to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE (Laches) 2. GraphOn's Counterclaim or any purported cause of action alleged therein is barred craigslist denies each and every allegation of Paragraph 14 of GraphOn's craigslist denies each and every allegation of Paragraph 13 of GraphOn's craigslist denies each and every allegation of Paragraph 12 of GraphOn's

by the doctrine of laches. PRAYER FOR RELIEF craigslist denies that GraphOn is entitled to any relief whatsoever on its Counterclaim, including the specific relief requested in paragraphs (a) ­ (f). -4CRAIGSLIST'S ANSWER TO GRAPHON'S COUNTERCLAIM
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WHEREFORE, craigslist prays for judgment against GraphOn on its Counterclaim as follows: (a) (b) Dismissing GraphOn's Counterclaim with prejudice; Determining that this is an exceptional case under 35 U.S.C. § 285 and awarding

craigslist its attorneys' fees, costs and expenses in this action; (c) Granting such other and further relief as the Court deems just and proper.

DATED: April 29, 2010

PERKINS COIE LLP By: Christopher Kao Christopher Kao (SBN 237716) [e-mail] Brian Hennessy (SBN 226721) [e-mail] Attorneys for Plaintiff craigslist, Inc.

-5CRAIGSLIST'S ANSWER TO GRAPHON'S COUNTERCLAIM
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