Timebase Pty Ltd v. Thomson Corporation, The

Filing 40

ANSWER to Amended Complaint by West Publishing Corporation, West Services, Inc., and by Thomson Corporation, The. (Attachments: # 1 Certificate of Service)(Drown, Chad)

Timebase Pty Ltd v. Thomson Corporation, The

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA TIMEBASE PTY LTD., Plaintiff, vs. THE THOMSON CORPORATION, WEST PUBLISHING CORPORATION, and WEST SERVICES, INC., Defendants. DEFENDANTS' JOINT ANSWER AND DEFENSES TO PLAINTIFF' S AMENDED COMPLAINT JURY TRIAL DEMANDED Civil No. 07-1687 (JNE/JJG)

Defendants The Thomson Corporation, West Publishing Corporation, and West Services, Inc. (collectively " efendants", for their Answer to the Amended Complaint of d ) plaintiff TimeBase Pty Ltd. (" imeBase", state and allege by reference to the paragraph T ) numbers of that Amended Complaint as follows: PARTIES, JURISDICTION AND VENUE 1. This is a claim for patent infringement arising under the patent laws of the

United States, including 35 U.S.C. §271. This Court has exclusive jurisdiction over the subject matter of this action under 28 U.S.C. §1338(a). ANSWER: Admitted. 2. TimeBase is organized under the laws of Australia, with its principal place

of business at Level 1, 362 Kent Street, Sydney, NSW 2000.

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ANSWER: Upon information and belief, defendants admit that TimeBase is organized under the laws of Australia, with its principal place of business at Level 1, 362 Kent Street, Sydney, NSW 2000. 3. TimeBase is the owner by assignment and has standing to sue for

infringement of United States Patent No. 6,233,592, " ystem for Electronic Publishing." S ANSWER: Defendants lack knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 3. 4. The Thomson Corporation (" homson" is an alien corporation T )

incorporated under the laws of Canada. Thomson sells publishing services and products nationwide and in this judicial district. ANSWER: Defendants admit that The Thomson Corporation is an alien corporation incorporated under the laws of Canada. Defendants deny that Thomson sells publishing services and products nationwide and in this judicial district. 5. West Publishing Corporation (" est Publishing" is incorporated under the W )

laws of Minnesota with its headquarters at 610 Opperman Drive, Eagan, Minnesota. ANSWER: Admitted. 6. West Services Inc. (" est Services" is incorporated under the laws of W )

Delaware with its headquarters at 610 Opperman Drive, Eagan, Minnesota. ANSWER: Admitted. 7. Thomson, West Publishing, and West Services have used, sold, or offered to

sell products and services that infringe the ` 92 patent within this judicial district, and 5 have advertised the sale of such products in this judicial district.
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ANSWER: Denied. 8. Thomson, West Publishing and West Services are subject to personal

jurisdiction in this judicial district. ANSWER: Admitted. 9. Venue is proper in this district under 28 U.S.C. §§1391(d) and 1400(b).

ANSWER: Admitted. PATENT INFRINGEMENT 10. The defendants have infringed the ` 92 patent at least by making, using, 5

importing, selling or offering to sell, and by inducing, aiding and/or abetting, encouraging or contributing to others' of products and services that fall within the scope of one or use more claims of the ` 92 patent. At present, the products embodying the patented 5 invention are PastStat Locator, RegulationsPlus and Graphical Statutes. The claims asserted are 1 to 5 and 14 to 18. Additional products or claims may be identified in the course of discovery. Defendants have received notice of their infringement of the ` 92 5 patent. ANSWER: Defendants admit that they received notice in the Complaint of plaintiff ' claims of infringement of the ` 92 patent. Defendants deny the remaining s 5 allegations of paragraph 10. 11. The defendants' acts of infringement have injured TimeBase, and TimeBase

is entitled to recover damages adequate to compensate it for the infringement that has occurred, but in no event less than a reasonable royalty. ANSWER: Denied.
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12.

The infringement by the defendants has injured and will continue to injure

TimeBase unless and until such infringement is enjoined by this Court. ANSWER: Denied. RESPONSE TO REQUEST FOR JUDGMENT Defendants deny that plaintiff is entitled to any of the relief it has requested in its Request for Judgment. DEFENSES Failure to State a Claim Timebase has failed to state a claim against one or more defendants upon which relief can be granted Noninfringement Defendants do not infringe any valid claim of the ` 92 patent. 5 Invalidity The claims of the ` 92 patent are invalid for failure to comply with the patent 5 laws, including without limitation, 35 U.S.C. §§ 102, 103, and/or 112. Estoppel/Laches TimeBase' claims are barred, in whole or in part, by the doctrines of estoppel s and/or laches. Marking TimeBase' damages, if any, are limited under the marking requirements of 35 s U.S.C. § 287.

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Defendants reserve the right to assert any additional defenses that further investigation or discovery may support, including without limitation, the right to assert that the ` 92 patent is unenforceable for inequitable conduct. 5

PRAYER FOR RELIEF WHEREFORE, defendants pray for the following relief: A. B. C. patent; D. E. That the Court enter judgment that the ` 92 patent is invalid; 5 That defendants be awarded their reasonable costs and attorneys' fees That TimeBase' Amended Complaint be dismissed with prejudice; s That TimeBase take nothing by its Amended Complaint; That the Court enter judgment that defendants have not infringed the ` 92 5

pursuant to 35 U.S.C. § 285; and F. and proper. JURY DEMAND Defendants demand a trial by jury of all issues triable by right of jury. That the Court award defendants such other relief that this Court deems just

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Dated: June 18, 2007

FAEGRE & BENSON LLP By: s/ Calvin L. Litsey Calvin L. Litsey #153746 David J.F. Gross, #208772 Chad Drown, #319053 Timothy E. Grimsrud, #34283X Elizabeth Wright, #387126 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 Telephone: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Defendants The Thomson Corporation, West Publishing Corporation, and West Services, Inc.

fb.us.2052852.04

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