NetJumper Sofware L. L. C. v. Google, Incorporated

Filing 58

ANSWER to Complaint with Affirmative Defenses , Plaintiff's Answer to Defendant's Second Amended Counter-Claim and Plaintiff's Affirmative Defenses to Counter-Claim and Response to Google's Second Amended Affirmative Defenses by NetJumper Software, L. L. C., NetJumper Software, L. L. C..(Kochanowski, Andrew)

NetJumper Sofware L. L. C. v. Google, Incorporated

Doc. 58

Case 2:04-cv-70366-JAC-RSW

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Filed 10/17/2005

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION NETJUMPER SOFTWARE, L.L.C., a Michigan limited liability corporation, Plaintiff, vs.
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Case No. 04-70366-CV Hon. Julian Abele Cook Magistrate Judge R. Steven Whalen

GOOGLE INC., a Delaware corporation, Defendant. ______________________________________________________________________/ SOMMERS SCHWARTZ, P.C. DICKINSON WRIGHT, PLLC Andrew Kochanowski (P55117) Kathleen A. Lang (P34695) Nabeel N. Hamameh (P60981) L. Pahl Zinn (P57516) Attorneys For Plaintiff Attorneys For Defendant th 2000 Town Center, 9 Floor 500 Woodward Ave., Ste. 4000 Southfield, MI 48075 Detroit, MI 48226 [phone] [phone] BANIAK, PINE & GANNON Michael Baniak Co-Counsel For Plaintiff 150 N. Wacker Drive, Suite 1200 Chicago, IL 60606 [phone] FISH & RICHARDSON P.C. Howard G. Pollack Attorneys For Defendant 500 Arguello Street, Ste. 500 Redwood City, CA 94063 [phone]

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LAW OFFICES SOMMERS SCHWARTZ, P.C. SUITE 900 SOUTHFIELD, MICHIGAN 48075

FISH & RICHARDSON P.C. Frank E. Scherkenbach 225 Franklin Street, Ste. 3100 Boston, MA 02110-2804 [phone] ______________________________________________________________________/ PLAINTIFF S ANSWER TO DEFENDANT S SECOND AMENDED COUNTER-CLAIM AND PLAINTIFF S AFFIRMATIVE DEFENSES TO COUNTER-CLAIM, AND RESPONSE TO GOOGLE S SECOND AMENDED AFFIRMATIVE DEFENSES

Dockets.Justia.com

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RESPONSE TO GOOGLE S AFFIRMATIVE DEFENSES 9. 10. 11. 12. 13.
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Denied. Denied. Denied. Denied. As to paragraph 13, Denied. a.) Denied. The inventors were aware of advertisements for the NetCarta CyberPilot product, however they were not aware of the content of said product. b.) Admit that Gilbert Borman was aware of advertisements related to the NetCarta CyberPilot product, but denies he was aware of said product. i.) Admit. c.) Denied. i.) Denied. ii.) Denied. d.) Denied for reasons stated in paragraphs 13 (a) and (b). e.) Denied. f.) Denied. g.) Admitted that these references were not cited, but deny that they were material. h.) Denied. i.) Denied.

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LAW OFFICES SOMMERS SCHWARTZ, P.C. SUITE 900 SOUTHFIELD, MICHIGAN 48075

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PLAINTIFF S ANSWER TO DEFENDANT S AMENDED COUNTER-CLAIM AND PLAINTIFF S AFFIRMATIVE DEFENSES TO COUNTER-CLAIM, COUNTS V-XII Parties 14. 15. Upon information and belief, admitted. Admitted with the exception that Counterclaim Defendant s offices are no longer in Southfield, Michigan.
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Jurisdiction 16. Admitted that the action is brought under the cited statutes.

LAW OFFICES SOMMERS SCHWARTZ, P.C. SUITE 900 SOUTHFIELD, MICHIGAN 48075

Venue 17. Admitted.

Count I: Declaratory Relief Regarding Non-Infringement of the 172 Patent 18. Plaintiff Netjumper Software, LLC s ( Netjumper ) answers to the allegations contained in paragraphs 14 through 17 above are incorporated herein by reference. 19. 20. 21. Denied. Admitted. No answer required. To the extent an answer is required, Netjumper denies this allegation and requests that Defendant Google s requests be denied.

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Count II: Declaratory Relief Regarding Non-Infringement of the 655 Patent 22. Plaintiff Netjumper Software, LLC s ( Netjumper ) answers to the allegations contained in paragraphs 14 through 17 above are incorporated herein by reference. 23. 24.
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Denied. Admitted. No answer required. To the extent an answer is required, Netjumper denies this allegation and requests that Defendant Google s requests be denied.

25.

LAW OFFICES SOMMERS SCHWARTZ, P.C. SUITE 900 SOUTHFIELD, MICHIGAN 48075

Count III: Declaratory Relief Regarding Invalidity and Unenforceability of the 172 Patent 26. Plaintiff Netjumper Software, LLC s ( Netjumper ) answers to the allegations contained in paragraphs 13 through 17 above are incorporated herein by reference. 27. 28. 29. Denied. Admitted. No answer required. To the extent an answer is required, Netjumper denies this allegation. 30. 31. 32. Denied. Denied. No answer required. To the extent an answer is required, Netjumper denies this allegation and requests that Defendant Google s requests be denied.

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Count IV: Declaratory Relief Regarding Invalidity and Unenforceability of the 655 Patent 33. Plaintiff Netjumper Software, LLC s ( Netjumper ) answers to the allegations contained in paragraphs 13 through 17 above are incorporated herein by reference. 34. 35.
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Denied. Admitted. No answer required. To the extent an answer is required, Netjumper denies this allegation and requests that Defendant Google s requests be denied.

36.

LAW OFFICES SOMMERS SCHWARTZ, P.C. SUITE 900 SOUTHFIELD, MICHIGAN 48075

37. 38. 39.

Denied. Denied. No answer required. To the extent an answer is required, Netjumper denies this allegation and requests that Defendant Google s requests be denied.

PRAYER FOR RELIEF A. That NetJumper be awarded damages, including enhanced damages for willful

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infringement and attorney fees. B. C. D. E. F. G. H. That Google s request be denied. That Google s request be denied. That Google s request be denied. That Google s request be denied. That Google s request be denied. That Google s request be denied. That Google s request be denied.

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I.

That Google s request be denied.

PLAINTIFF S AFFIRMATIVE DEFENSES TO COUNTER-CLAIM COUNTS I-IV 1. 2. 3.
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That the amended counter-claim is moot. That the amended counter-claim fails to state a cause of action. That the amended counter-claim is barred by estoppel. That the amended counter-claim is barred by doctrine of unclean hands. That the amended counter-claim is barred by waiver and/or consent. That Google has suffered no harm or damages. NetJumper reserves the right to add affirmative defenses. PRAYER FOR RELIEF

4. 5. 6. 7.

LAW OFFICES SOMMERS SCHWARTZ, P.C. SUITE 900 SOUTHFIELD, MICHIGAN 48075

WHEREFORE, NetJumper respectfully requests: A. B. That the Amended Counter-Claim, Counts I-IV, be denied; and That Netjumper be awarded its costs and attorney fees necessitated in defense of this action.

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Respectfully submitted, Andrew Kochanowski (P55117) SOMMERS SCHWARTZ, P.C. Attorneys for Plaintiff 2000 Town Center Drive, Suite 900 Southfield, MI 48075 [phone] [e-mail]

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PROOF OF SERVICE I certify that on 10-17-05, I electronically filed the forgoing paper with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Kathleen A. Lang; [e-mail] L. Pahl Zinn; [e-mail] Michael H. Baniak; [e-mail]
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and I hereby certify that I have mailed by United States Postal Service First Class Mail the paper to the following non-ECF participants: FISH & RICHARDSON P.C. Howard G. Pollack 500 Arguello Street, Ste. 500 Redwood City, CA 94063 FISH & RICHARDSON P.C. Frank E. Scherkenbach 225 Franklin Street Boston, MA 02110-2804

LAW OFFICES SOMMERS SCHWARTZ, P.C. SUITE 900 SOUTHFIELD, MICHIGAN 48075

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s/Andrew Kochanowski (P55117) Sommers Schwartz, PC 2000 Town Center, Suite 900 Southfield, MI 48075 [phone] [e-mail]

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