Hysitron Incorporated v. MTS Systems Corporation

Filing 43

Hysitron Incorporated v. MTS Systems Corporation

Doc. 43

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA HYSITRON INCORPORATED, a Minnesota corporation, Plaintiff, v. MTS SYSTEMS CORPORATION, a Minnesota corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 07 CV 1533 ADM/AJB PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM
(JURY TRIAL DEMANDED)

Plaintiff Hysitron Incorporated ("Hysitron") for its answer to Defendant MTS Systems Corporation's ("MTS") Counterclaim states: 1. Hysitron denies the affirmative defenses set forth in paragraphs 1-72 of the

Amended Answer of MTS as well as all facts alleged in support thereof and incorporates by reference paragraphs 1-16 of Hysitron's Amended Complaint. 2. Hysitron admits paragraph 80 to the extent MTS asserts claims under the patent laws

of the United States and the Court has subject matter jurisdiction. 3. 4. 5. 6. 7. Hysitron admits paragraph 81. Hystron admits paragraph 82. Hysitron admits paragraph 83. Hysitron admits paragraph 84. Hysitron denies paragraph 85, but admits that MTS requests a declaratory judgment

of invalidity and non-infringement.

Dockets.Justia.com

WHEREFORE, Hysitron requests that judgment be entered dismissing the Counterclaim of MTS with prejudice and awarding to it all of the relief requested in the Amended Complaint, together with such other and further relief as the Court may deem just and equitable. DEMAND FOR JURY TRIAL Hysitron demands a trial by jury of all issues so triable.

Dated: September 13, 2007

MERCHANT & GOULD P.C. By: s/Allen W. Hinderaker Allen W. Hinderaker, #45287 Todd Werner, MN Reg. #033019X Tong Wu, MN Reg. #0288974 3200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-4131 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFF

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