The Learning Company,et al v. Zynga Inc.

Filing 51

ANSWER to Counterclaim by HMH Consumer Company Ltd., The Learning Company.(Hosp, Richard)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

THE LEARNING COMPANY, a division of
HOUGHTON MIFFLIN HARCOURT
PUBLISHING COMPANY, and HMH
CONSUMER COMPANY LTD.
Civil Action No. 11-cv-10894-MLW
Plaintiffs,
v.
ZYNGA INC.
Defendant.

PLAINTIFFS’ ANSWER TO DEFENDANT ZYNGA INC.’S COUNTERCLAIMS
Plaintiffs The Learning Company, a division of Houghton Mifflin Harcourt Publishing
Company, and HMH Consumer Company Ltd. (“Plaintiffs”), by and through their undersigned
attorneys, file this Answer to the Counterclaims filed by Defendant Zynga Inc. (“Zynga” or
“Defendant”), and in response to the corresponding numbered paragraphs of Zynga’s
Counterclaim, Docket No. 48 (“Counterclaims”), state as follows:
THE PARTIES
1.

Plaintiffs are without knowledge or information sufficient to form a belief as to

the truth of the allegations in Paragraph 1 of the Counterclaims.
2.

Plaintiffs admit the allegations contained in Paragraph 2 of the Counterclaims.

3.

Plaintiffs admit the allegations contained in Paragraph 3 of the Counterclaims.

4.

Plaintiffs admit the allegations contained in Paragraph 4 of the Counterclaims.
JURISDICTION AND VENUE

5.

Paragraph 5 of the Counterclaims contains conclusions of law to which no

response is required.

6.

Paragraph 6 of the Counterclaims contains conclusions of law to which no

response is required.
FIRST COUNTERCLAIM
(Declaratory Judgment of Non-Infringement)
7.

Plaintiffs hereby repeat and incorporate by reference their responses to Paragraphs

1 through 6 of the Counterclaims as if fully set forth herein.
8.

Plaintiffs admit the allegations contained in Paragraph 8 of the Counterclaims.

9.

Plaintiffs deny the allegations contained in Paragraph 9 of the Counterclaims.

10.

Plaintiffs deny the allegations contained in Paragraph 10 of the Counterclaims.

11.

Paragraph 11 of the Counterclaims contains conclusions of law to which no

response is required.
12.

Plaintiffs deny the allegations contained in Paragraph 12 of the Counterclaims.
PRAYER FOR RELIEF

The unnumbered paragraphs after Paragraph 12 contain prayers for relief to which no
response is required. To the extent a response is required, Plaintiffs deny that Zynga is entitled
to any relief.
ADDITIONAL DEFENSES
FIRST ADDITIONAL DEFENSE
Zynga’s Counterclaims fail to state a claim upon which relief may be granted.
SECOND ADDITIONAL DEFENSE
Plaintiffs hereby give notice that they intend to rely on such other and further defenses as
may become available or apparent during discovery proceedings in this case and hereby reserve
the right to amend their Answer to Defendant’s Counterclaims and to assert any such defenses.

Respectfully submitted,
THE LEARNING COMPANY, a division of
HOUGHTON MIFFLIN HARCOURT
PUBLISHING COMPANY, and HMH
CONSUMER COMPANY LTD.
By their attorneys,

Dated: July 7, 2011

/s/ R. David Hosp
R. David Hosp (BBO # 634091)
Mark S. Puzella (BBO # 644850)
Sheryl Koval Garko (BBO # 657735)
Erin M. Michael (BBO # 672904)
GOODWIN PROCTER LLP
53 State Street
Boston, Massachusetts 02109
Tel.: [phone]
Fax: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]
[e-mail]

CERTIFICATE OF SERVICE
I, R. David Hosp, hereby certify that this document filed through the ECF system will be
sent electronically to the registered participants as identified on the Notice of Electronic Filing
(NEF) and paper copies will be sent to those indicated as non-registered participants on July 7,
2011.
/s/ R. David Hosp_____________