Datatreasury Corporation v. Wells Fargo & Company et al

Filing 456

DataTreasury Corporation's ANSWER to Counterclaim of The Clearing House Payments Company L.L.C. by Datatreasury Corporation.(Hohn, Edward)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 456

Case 2:06-cv-00072-DF-CMC

Document 456

Filed 01/31/2007

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORTION § Plaintiff/Counter-Defendant § § vs. § § WELLS FARGO & COMPANY; et al § § Defendants/Counter-Plaintiff §

No. 2:06cv72 (DF) Jury Trial Demanded

DATATREASURY'S ANSWER TO THE CLEARING HOUSE PAYMENTS COMPANY, L.L.C. COUNTERCLAIMS Plaintiff/Counter-Defendant DataTreasury Corporation hereby files its Answer to The Clearing House Payments Company, L.L.C. Counterclaims and in support thereof, states as follows: FIRST COUNTERCLAIM (Declaratory Judgment of Non-Infringement) 1. Plaintiff/Counter-Defendant denies that The Clearing House Payments Company.

is entitled to a Declaratory Judgment of Non-Infringement, as alleged in paragraphs 106 thru 108 of the first counterclaim of The Clearing House Company's Counterclaim. 2. Plaintiff/Counter-Defendant admits that this Court has original jurisdiction over

TCH's counterclaims under 28 U.S.C. §§ 1331, 1338 (a) and (b) and 1367 as alleged in paragraph 106 of the first counterclaim of The Clearing House Company's Counterclaim. 3. Plaintiff/Counter-Defendant admits that venue is proper in this District under 28

U.S.C. § 1391 as alleged in paragraph 107 of the first counterclaim of The Clearing House Company's Counterclaim.

DataTreasury's Answer to Counterclaim by The Clearing House Payments Company, L.L.C.

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Dockets.Justia.com

Case 2:06-cv-00072-DF-CMC

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SECOND COUNTERCLAIM (Declaratory Judgment of Invalidity) 4. Plaintiff/Counter-Defendant denies that The Clearing House Company is entitled

to a Declaratory Judgment of Invalidity, as alleged in paragraphs 109 thru 110 of the second counterclaim of The Clearing House Company's Counterclaim. THIRD COUNTERCLAIM (Declaratory Judgment of Unenforceability) 5. Plaintiff/Counter-Defendant denies that The Clearing House Payments Company

is entitled to Declaratory Judgment of Unenforceability as alleged in paragraphs 111 thru 113 of the third counterclaim of The Clearing House Payment Company's Counterclaim. 6. Plaintiff/Counter-Defendant denies that this is an exceptional case within the

meaning of 35 U.S.C. § 285. PRAYER FOR RELIEF WHEREFORE, Plaintiff/Counter-Defendant prays for judgment against

Defendants/Counter-Plaintiffs as follows: A. B. For judgment dismissing the counterclaims with prejudice; For a declaration that this is an exceptional case, and an award to Plaintiff/Counter-Defendant of its costs and attorneys' fees incurred herein; C. D. An award of the costs of this action; and That Plaintiff/Counter-Defendant be awarded such other and further relief as the Court may deem just and proper, including all relief requested in Plaintiff's Complaint.

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Respectfully submitted, ____________/S/_____________________
EDWARD L. V ON HOHN, Attorney in Charge State Bar No. 09813240 ROD COOPER State Bar No. 90001628 EDWARD CHIN STATE BAR NO. 50511688 NIX PATTERSON & ROACH LLP 5215 N. O'Connor Blvd. Ste. 1900 Irving, Texas 75039 972.831.1188 (telephone) 972.692.5445 (facsimile) [e-mail] [e-mail] [e-mail] C. CARY PATTERSON State Bar No. 15587000 BRADY PADDOCK State Bar No. 00791394 ANTHONY BRUSTER State Bar No. 24036280 R. BENJAMIN KING State Bar No. 24048592 NIX PATTERSON & ROACH L.L.P. 2900 St. Michael Drive, Suite 500 Texarkana, Texas 75503 903.223.3999 (telephone) 903.223.8520 (facsimile) [e-mail] [e-mail] [e-mail] JOE KENDALL State Bar No. 11260700 KARL RUPP State Bar No. 24035243 PROVOST * UMPHREY, L.L.P. 3232 McKinney Avenue, Ste. 700 Dallas, Texas 75204 214.744.3000 (telephone) 214.744.3015 (facsimile) [e-mail] [e-mail]

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ERIC M. ALBRITTON State Bar ;No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 903.757.8449 (telephone) 903.758.7397 (facsimile) [e-mail] T. JOHN WARD, JR. State Bar No. 00794818 LAW OFFICE OF T. JOHN WARD, JR. P.O. Box 1231 Longview, Texas 75601 903.757.6400 (telephone) 903.757.2323 (facsimile) [e-mail] ATTORNEYS FOR PLAINTIFF/COUNTERDEFENDANT,DATATREASURY CORPORATION

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been served on all counsel of record, via CM/ECF, on the 31st day of January, 2007.

___________/S/______________________ Edward Lewis von Hohn

DataTreasury's Answer to Counterclaim by The Clearing House Payments Company, L.L.C.

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