Elan Microelectronics Corporation v. Apple, Inc.

Filing 175

Apple Inc.'s Response To Elan Microelectronics Corporation's 169 Corrected First Amended Answer by Apple, Inc.. (Greenblatt, Nathan) (Filed on 10/5/2010) Modified on 10/6/2010 (slh, COURT STAFF).

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Elan Microelectronics Corporation v. Apple, Inc. Doc. 175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATTHEW D. POWERS (Bar No. 104795) matthew.powers@weil.com JARED BOBROW (Bar No. 133712) jared.bobrow@weil.com DOUGLAS E. LUMISH (Bar. No. 183863) doug.lumish@weil.com SONAL N. MEHTA (Bar No. 222086) sonal.mehta@weil.com DEREK C. WALTER (Bar. No. 246322) derek.walter@weil.com NATHAN GREENBLATT (Bar No. 262279) nathan.greenblatt@weil.com WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3000 Facsimile: (650) 802-3100 Attorneys for Defendant and Counterclaim Plaintiff Apple Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterclaim Defendant, v. APPLE INC., Defendant and Counterclaim Plaintiff. Case No. C-09-01531 RS (PVT) APPLE INC.'S RESPONSE TO ELAN MICROELECTRONICS CORPORATION'S CORRECTED FIRST AMENDED ANSWER Hon. Richard Seeborg Demand for Jury Trial Apple's Response to Elan's Corrected First Amended Answer Case No. C-09-01531 RS (PVT) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 86. 87. 81. Defendant Apple Inc. ("Apple") by and through its undersigned counsel, hereby responds to Plaintiff Elan Microelectronics Corporation's ("Elan") counterclaims raised in Elan's Corrected First Amended Answer ("First Amended Answer") (D.I. 169) as follows: I. ANSWER TO ELAN'S COUNTERCLAIMS 1-80. Apple restates its allegations in paragraphs 1-80 of its counterclaims. Elan's responses to Apple's counterclaims require no additional response by Apple. First Counterclaim for Declaratory Judgment '218 Patent Apple admits that Elan purports to assert this counterclaim against Apple pursuant to the patent laws of the United States, Title 35 of the United States Code, and the Declaratory Judgments Act, 28 U.S.C. 2201 and 2202. Except as so expressly admitted, denied. 82. 83. Apple admits the allegation in paragraph 82 of Elan's First Amended Answer. Apple admits that an actual controversy exists between Elan and Apple by virtue of the allegations in Apple's Third Amended Answer and Elan's Answer in response thereto, as to the invalidity and non-infringement of the '218 patent. Apple denies that Elan has pled sufficient facts to raise an actual controversy regarding the enforceability of the '218 patent. Except as so expressly admitted, denied. 84. 85. Apple denies the allegations in paragraph 84 of Elan's First Amended Answer. Apple denies the allegations in paragraph 85 of Elan's First Amended Answer. Second Counterclaim for Declaratory Judgment '659 Patent Apple restates and incorporates its responses above. Apple admits that Elan purports to assert this counterclaim against Apple pursuant to the patent laws of the United States, Title 35 of the United States Code, and the Declaratory Judgments Act, 28 U.S.C. 2201 and 2202. Except as so expressly admitted, denied. 88. 89. 90. 91. Apple admits the allegation in paragraph 88 of Elan's First Amended Answer. Apple admits the allegation in paragraph 89 of Elan's First Amended Answer. Apple denies the allegation in paragraph 90 of Elan's First Amended Answer. Apple denies the allegation in paragraph 91 of Elan's First Amended Answer. Apple's Response to Elan's Corrected First Amended Answer 2 Case No. C-09-01531 RS (PVT) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. D. C. B. RESPONSE TO ELAN'S PRAYER FOR RELIEF Apple denies that Elan is entitled to any of the relief sought in its prayer for relief in Elan's First Amended Answer. PRAYER FOR RELIEF In addition to the relief Apple seeks in its Third Amended Answer to Elan's Complaint, Apple further prays for judgment as follows in response to Elan's counterclaims: A. That Elan's counterclaims be dismissed with prejudice and that Elan take nothing; That judgment be entered in favor of Apple against Elan on Elan's counterclaims; For an assessment of costs of defending against the counterclaims, together with an award of such interests and costs; That pursuant to 35 U.S.C. 285 and/or other applicable laws, Elan's conduct be found to render this an exceptional case and that Apple be awarded its attorneys' fees incurred in connection with this action; That Apple be awarded such other and further relief as the court may deem just and proper. Dated: October 5, 2010 WEIL, GOTSHAL & MANGES LLP By: /s/ Douglas E. Lumish DOUGLAS E. LUMISH doug.lumish@weil.com Attorneys for Defendant and Counterclaim Plaintiff Apple Inc. Apple's Response to Elan's Corrected First Amended Answer 3 Case No. C-09-01531 RS (PVT)

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