Datatreasury Corporation v. Wells Fargo & Company et al

Filing 558

DataTreasury's ANSWER to Counterclaim of BB&T Corportion and Branch Banking and Trust Company by Datatreasury Corporation.(Hohn, Edward)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 558

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

Document 558

Filed 03/01/2007

Page 1 of 6

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

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

DATATREASURY'S ANSWER TO BB&T CORPORATION'S AND BRANCH BANKING AND TRUST COMPANY'S COUNTERCLAIMS Plaintiff/Counter-Defendant DataTreasury Corporation hereby files its Answer to BB&T Corporation and Branch Banking and Trust Company's (collectively "Branch Banking"), Counterclaims to Plaintiff's First Amended Complaint for Patent

Infringement and in support thereof, states as follows: COUNTERCLAIM 1. Plaintiff/Counter-Defendant denies that Branch Banking is entitled to a

declaration of non-infringement as to the `007 and `868 Patents as alleged in paragraph 1 of Branch Banking's Counterclaim. 2. Plaintiff/Counter-Defendant denies that Branch Banking is entitled to a

declaration of invalidity as to the `007 and `868 Patents as alleged in paragraph 2 of Branch Banking's Counterclaim. JURISDICTION AND VENUE 3. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 3 of

Branch Banking's Counterclaim.

DataTreasury's Answer to Counterclaim by Branch Banking

Page 1

Dockets.Justia.com

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

Document 558

Filed 03/01/2007

Page 2 of 6

4.

Plaintiff/Counter-Defendant admits the allegations contained in paragraph 4 of

Branch Banking.'s Counterclaim.

THE PARTIES 5. Plaintiff/Counter-Defendant can neither admit or deny that Branch Banking is a

national banking association authorized to do business under the laws of the United States as alleged in paragraph 5 of Branch Banking's Counterclaim. Plaintiff/CounterDefendant admits that DataTreasury is a Delaware corporation with is principal place of business at 101 East Park Boulevard, #600, Plano, Texas 75074, as alleged in paragraph 5 of Branch Banking's Counterclaim. COUNT 1 (Declaratory Judgment of Non-Infringement, 28 U.S.C. §§ 2201-2202) 6. Plaintiff/Counter-Defendant admits the allegations contained in paragraphs 6 thru

7 of Branch Banking's Counterclaim. 7. Plaintiff/Counter-Defendant denies that Branch Banking is entitled to a

Declaratory Judgment of Non-Infringement, as to the `007 Patent as alleged in paragraphs 8 thru 9 of the first counterclaim of Branch Banking's Counterclaim. COUNT II (Declaratory Judgment of Non-Infringement, 28. U.S.C. §§ 2201-2202) 8. Plaintiff/Counter-Defendant admits the allegations contained in paragraphs 10

thru 11 of Branch Banking's Counterclaim.

DataTreasury's Answer to Counterclaim by Branch Banking

Page 2

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

Document 558

Filed 03/01/2007

Page 3 of 6

9.

Plaintiff/Counter-Defendant denies that Branch Banking is entitled to a

Declaratory Judgment of Non-Infringement, as to the `868 Patent as alleged in paragraphs 12 thru 13 of the second counterclaim of Branch Banking's Counterclaim. COUNT III (Declaratory Judgment of Invalidity, 28 U.S.C. §§ 2201-2202) 10. Plaintiff/Counter-Defendant admits that it has alleged that Branch Banking has

infringed, contributed to the infringement of, or induced others to infringe the `007 Patent as alleged in paragraph 14 of the third counterclaim of Branch Banking's Counterclaim. Plaintiff/Counter-Defendant denies that some or all of the claims of the `007 Patent are invalid as alleged in paragraph 14 of the third counterclaim of Branch Banking's Counterclaim. 11. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 15 of

the third counterclaim of Branch Banking's Counterclaim. 12. Plaintiff/Counter-Defendant denies that Branch Banking is entitled to a

Declaratory Judgment of Invalidity, as to the `007 Patent as alleged in paragraphs 16 thru 17 of the third counterclaim of Branch Banking's Counterclaim. COUNT IV (Declaratory Judgment of Invalidity, 28 U.S.C. §§ 2201-2202) 13. Plaintiff/Counter-Defendant admits that it has alleged that Branch Banking has

infringed, contributed to the infringement of, or induced others to infringe the `868 Patent as alleged in paragraph 18 of the fourth counterclaim of Branch Banking's Counterclaim. Plaintiff/Counter-Defendant denies that some or all of the claims of the `868 Patent are

DataTreasury's Answer to Counterclaim by Branch Banking

Page 3

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

Document 558

Filed 03/01/2007

Page 4 of 6

invalid as alleged in paragraph 18 of the fourth counterclaim of Branch Banking's Counterclaim. 14. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 19 of

the fourth counterclaim of Branch Banking's Counterclaim. 15. Plaintiff/Counter-Defendant denies that Branch Banking is entitled to a

Declaratory Judgment of Invalidity, as to the `868 Patent as alleged in paragraphs 20 thru 21 of the fourth counterclaim of Branch Banking's Counterclaim. 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.

DataTreasury's Answer to Counterclaim by Branch Banking

Page 4

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

Document 558

Filed 03/01/2007

Page 5 of 6

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] 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]
DataTreasury's Answer to Counterclaim by Branch Banking

Page 5

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

Document 558

Filed 03/01/2007

Page 6 of 6

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 1st day of March, 2007.

___________/S/______________________ Edward Lewis von Hohn

DataTreasury's Answer to Counterclaim by Branch Banking

Page 6