Spark Network Services, Inc. v. Match.Com, LP et al

Filing 41

Spark Network's Services, Inc's. ANSWER to counterclaim of Defendant, eHarmony by Spark Network Services, Inc.(Vickrey, Paul)

Spark Network Services, Inc. v. Match.Com, LP et al

Doc. 41

Case 1:07-cv-00570

Document 41

Filed 04/12/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SPARK NETWORK SERVICES, INC., ) ) Plaintiff, ) ) v. ) ) MATCH.COM, LP, eHARMONY.COM., ) INC. AND YAHOO!, INC. ) ) Defendants, ) Civil Action No. 07 CV 570 JURY TRIAL DEMANDED

SPARK NETWORKS SERVICES, INC.'S REPLY TO COUNTERCLAIMS OF DEFENDANT, eHARMONY Spark Networks Services, Inc. ("Spark"), for its Answer to the Counterclaim of eHarmony.com, states as follows: THE PARTIES 1. eHarmony is a California corporation with its principal place of business in Pasadena, California. RESPONSE: Admitted

2. Upon information and belief, SNS is an Illinois corporation with its principal place of business in Des Plaines, Illinois. RESPONSE: Admitted. JURISDICTION AND VENUE 3. The counterclaims are filed and these proceedings are instituted against SNS under the patent laws of the United States, 35 U.S.C. § 1, et. seq., and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. RESPONSE: Admitted.

Dockets.Justia.com

Case 1:07-cv-00570

Document 41

Filed 04/12/2007

Page 2 of 4

4. This Court has original jurisdiction over the patent counterclaims pursuant to 28 U.S.C. §§ 1331 and 1338(a). RESPONSE: 5. RESPONSE: Admitted. Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400. Admitted.

6. There is an actual and justiciable controversy within the meaning of 28 U.S.C. §§ 2201 and 2202 between eHamony and SNS with respect to whether the `467 patent is valid and has been directly or indirectly infringed by eHarmony, either literally or by virtue of the doctrine of equivalents, resulting in alleged liability for infringement thereof. RESPONSE: Admitted (though Spark denies that the `467 patent is invalid or not infringed).

FIRST COUNTERCLAIM FOR AFFIRMATIVE RELIEF (Declaratory Judgment of Invalidity) 7. eHarmony realleges and incorporates paragraphs 1-6 of these Counterclaims as it fully set forth herein. RESPONSE: Spark realleges and incorporates its responses to Paragraphs 1-6.

8. Each claim of the `467 patent is invalid for failure to comply with one or more of the conditions and requirements for patentability set forth in 35 U.S.C. §§ 101, 102, 103 and/or 112. RESPONSE: Denied.

SECOND COUNTERCLAIM FOR AFFIRMATIVE RELIEF (Declaratory Judgment of Noninfringement) 9. eHarmony realleges and incorporates Paragraphs 1-8 of these Counterclaims as it fully set forth herein. RESPONSE: Spark realleges and incorporates its responses to Paragraphs 1-8.

Case 1:07-cv-00570

Document 41

Filed 04/12/2007

Page 3 of 4

10. eHarmony has not infringed and is not now infringing any claim of the `467 patent either literally or under the doctrine of equivalents. RESPONSE: Denied.

11. eHarmony has not and is not now inducing or contributing to the infringement of any claim of the `467 patent by others, either literally or under the doctrine of equivalents. RESPONSE: Denied.

/s/ Paul K. Vickrey Paul K. Vickrey Raymond P. Niro, Jr. Frederick C. Laney NIRO, SCAVONE, HALLER & NIRO 181 West Madison Street, Suite 4600 Chicago, Illinois 60602 [phone] Attorneys for Plaintiff, NETWORK SERVICES, INC. SPARK

Case 1:07-cv-00570

Document 41

Filed 04/12/2007

Page 4 of 4

CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing SPARK NETWORKS SERVICES, INC.'S REPLY TO COUNTERCLAIMS OF DEFENDANT, eHARMONY was served upon the following parties on this 12th day of April, by electronic filing: Jason C. White Stephanie J. Felicetty William H. Frankel Brinks Hofer Gilson & Lione NBC Tower - Suite 3600 455 North Cityfront Plaza Drive Chicago, IL 60611 [phone] Attorneys for Yahoo! Larry D. Carlson Kevin J. Meek Chad C. Walters John C. Nickelson Baker Botts L.L.P. 2001 Ross Avenue Dallas, Texas 75201 214-953-6525 Fax: [phone] Attorneys for Match.com Chester Day Orrick, Herrington & Sutcliffe LLP 1000 Marsh Road Menlo Park, CA 94025 650-614-7400 Fax [phone] Leif R. Sigmond, Jr. Jennifer M. Kurcz S. Richard Carden McDonnell Boehnen Hulbert & Berghoff LLP 300 S. Wacker Drive Suite 3200 Chicago, IL 60606 312-913-0001 Attorneys for eHarmony /s/ Paul K. Vickrey