Apple Inc. v. High Tech Computer Corp. et al

Filing 54

ANSWER to 51 Answer to Counterclaim, [High Tech Computer Corp.'s a/k/a HTC Corp.'s Reply to Apple Inc.'s Counter-Counterclaims] by High Tech Computer Corp..(Pascale, Karen)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE APPLE INC., Plaintiff, v. C.A. No. 10-00167-RK HIGH TECH COMPUTER CORP., a/k/a HTC CORP., HTC (B.V.I.) CORP., HTC AMERICA, INC., and EXEDEA, INC., Defendants. HIGH TECH COMPUTER CORP.'S, A/K/A HTC CORP.'S REPLY TO APPLE INC.'S COUNTER-COUNTERCLAIMS High Tech Computer Corp., a/k/a HTC Corp., hereby responds to Apple, Inc. (hereinafter "Apple")'s Counter-Counterclaims as follows: Parties 1. HTC Corp. lacks knowledge or information sufficient to form a belief as to the DEMAND FOR JURY TRIAL

truth of the allegations in Paragraph 1 and on that basis denies them. 2. HTC Corp. admits that it is a corporation organized and existing under the laws of

Taiwan with its principal place of business at 23 Xinghua Road, Taoyuan 330, Taiwan, Republic of China. Jurisdiction and Venue 3. HTC Corp. admits that Apple's counter-counterclaims purport to assert causes of

action for declarations of noninfringement and invalidity of the '032 Patent, the HTC '354 Patent, and the '578 Patent under the Declaratory Judgment Act, 28 U.S.C. § 2201, et seq., and the patent laws of the United States, 35 U.S.C. § 100, et seq. To the extent further response is required, HTC denies the remainder of the allegations in Paragraph 3. 4. Paragraph 4 contains legal conclusions to which no response is required.

5.

HTC Corp. admits that it has asserted counterclaims against Apple, Inc. in this

action. Paragraph 5 otherwise contains legal conclusions to which no response is required. COUNT I ­ DECLARATORY JUDGMENT OF NONINFRINGEMENT OF THE '032 PATENT 6. above. 7. HTC Corp. admits that, in its counterclaims against Apple, it alleges that it is the HTC Corp. repeats and incorporates its responses set forth in paragraphs 1-5

exclusive and current owner of all rights, title, and interest in the '032 Patent, including the right to sue for injunctive relief and damages. 8. HTC Corp. admits that, in its counterclaims against Apple, it alleges that Apple

has infringed and is infringing directly the '032 Patent, and that Apple has contributed to and/or induced the direct infringement of the '032 Patent. 9. HTC Corp. admits that Apple denies that it has infringed the '032 Patent, but

HTC Corp. reiterates its contention that Apple has infringed the '032 Patent. 10. 11. Paragraph 10 contains legal conclusions to which no response is required. Denied.

COUNT II ­ DECLARATORY JUDGMENT OF INVALIDITY OF THE '032 PATENT 12. above. 13. HTC Corp. admits that Apple contends that the claims of the '032 Patent are HTC Corp. repeats and incorporates its responses set forth in paragraphs 1-11

invalid, but denies that any claim of the '032 Patent is invalid. 14. 15. 16. Admitted. Paragraph 15 contains legal conclusions to which no response is required. Denied.

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COUNT III ­ DECLARATORY JUDGMENT OF NONINFRINGEMENT OF THE HTC '354 PATENT 17. above. 18. HTC Corp. admits that, in its counterclaims against Apple, it alleges that it is the HTC Corp. repeats and incorporates its responses set forth in paragraphs 1-16

exclusive and current owner of all rights, title, and interest in the HTC '354 Patent, including the right to sue for injunctive relief and damages. 19. HTC Corp. admits that, in its counterclaims against Apple, it alleges that Apple

has infringed and is infringing directly the HTC '354 Patent, and that Apple has contributed to and/or induced the direct infringement of the HTC '354 Patent. 20. HTC Corp. admits that Apple denies that it has infringed the HTC '354 Patent,

but HTC Corp. reiterates its contention that Apple has infringed the HTC '354 Patent. 21. 22. Paragraph 21 contains legal conclusions to which no response is required. Denied.

COUNT IV ­ DECLARATORY JUDGMENT OF INVALIDITY OF THE HTC '354 PATENT 23. above. 24. HTC Corp. admits that Apple contends that the claims of the HTC '354 Patent are HTC Corp. repeats and incorporates its responses set forth in paragraphs 1-22

invalid, but denies that any claim of the HTC '354 Patent is invalid. 25. 26. 27. Admitted. Paragraph 26 contains legal conclusions to which no response is required. Denied.

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COUNT V ­ DECLARATORY JUDGMENT OF NONINFRINGEMENT OF THE '578 PATENT 28. above. 29. HTC Corp. admits that, in its counterclaims against Apple, it alleges that it is the HTC Corp. repeats and incorporates its responses set forth in paragraphs 1-27

exclusive and current owner of all rights, title, and interest in the '578 Patent, including the right to sue for injunctive relief and damages. 30. HTC Corp. admits that, in its counterclaims against Apple, it alleges that Apple

has infringed and is infringing directly the '578 Patent, and that Apple has contributed to and/or induced the direct infringement of the '578 Patent. 31. HTC Corp. admits that Apple denies that it has infringed the '578 Patent, but

HTC Corp. reiterates its contention that Apple has infringed the '578 Patent. 32. 33. Paragraph 32 contains legal conclusions to which no response is required. Denied.

COUNT VI ­ DECLARATORY JUDGMENT OF INVALIDITY OF THE '578 PATENT 34. above. 35. HTC Corp. admits that Apple contends that the claims of the '578 Patent are HTC Corp. repeats and incorporates its responses set forth in paragraphs 1-33

invalid, but denies that any claim of the '578 Patent is invalid. 36. 37. 38. Admitted. Paragraph 37 contains legal conclusions to which no response is required. Denied.

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RESPONSE TO PRAYER FOR RELIEF 39. HTC Corp. denies each allegation of Apple's Counter-Counterclaims not

expressly admitted herein and denies that Apple is entitled to any of the relief requested in its Counter-Counterclaims or any of the relief requested in its original complaint.

Dated: August 23, 2010 Of Counsel: Robert A. Van Nest Leo L. Lam Ashok Ramani Eugene M. Paige Ajay S. Krishnan John C. Bostic KEKER & VAN NEST LLP 710 Sansome Street San Francisco, CA 94111 Telephone: [phone]

YOUNG CONAWAY STARGATT & TAYLOR LLP

/s/ Karen L. Pascale
______________________________________ John W. Shaw (#3362) [[e-mail]] Karen L. Pascale (#2903) [[e-mail]] The Brandywine Building 1000 West Street, 17th Floor Wilmington, DE 19801 [phone] Attorneys for Defendants High Tech Computer Corp., a/k/a HTC Corp., HTC (B.V.I.) Corp., HTC America, Inc., and Exedea, Inc.

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CERTIFICATE OF SERVICE I, Karen L. Pascale, Esquire, hereby certify that on August 23, 2010, I caused to be electronically filed a copy of the foregoing document with the Clerk of the Court using CM/ECF, which will send notification of such filing to the following counsel of record: Richard K. Herrmann [[e-mail]] Mary B. Matterer [[e-mail]] MORRIS JAMES LLP 500 Delaware Avenue, Suite 1500 Wilmington, Delaware 19801 I further certify that on August 23, 2010, I caused a copy of the foregoing document to be served by e-mail on the above-listed counsel and on the following non-registered participants in the manner indicated: By E-Mail Robert G. Krupka [[e-mail]] KIRKLAND & ELLIS LLP 333 Hope Street Los Angeles, CA 90071 Gregory S. Arovas [[e-mail]] Steven Cherny [steven.cherny@@kirkland.com] Robert A. Appleby [[e-mail]] Melanie R. Rupert [[e-mail]] James E. Marina [[e-mail]] KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, NY 10022 Kenneth H. Bridges [[e-mail]] Michael T. Pieja [[e-mail]] Brian C. Kwok [[e-mail]] WONG, CABELLO, LUTSCH, RUTHERFORD & BRUCCULERI LLP 540 Cowper Street, Suite 100 Palo Alto, CA 94301

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Mark D. Fowler [[e-mail]] M. Elizabeth Day [[e-mail]] David L. Alberti [[e-mail]] Yakov Zolotorev [[e-mail]] DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303 Clayton Thompson [[e-mail]] DLA PIPER LLP (US) 1775 Wiehle, Suite 400 Reston, VA 20190-5159

YOUNG CONAWAY STARGATT & TAYLOR LLP

/s/ Karen L. Pascale
John W. Shaw (#3362) [[e-mail]] Karen L. Pascale (#2903) [[e-mail]] The Brandywine Building 1000 West Street, 17th Floor Wilmington, DE 19801 [phone] Attorneys for Defendants High Tech Computer Corp., a/k/a HTC Corp.; HTC (B.V.I.) Corp.; HTC America, Inc.; and Exedea, Inc.

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