Datatreasury Corporation v. Wells Fargo & Company et al

Filing 562

DataTreasury's ANSWER to Counterclaim M&T Bank Corporation and M&T Bank by Datatreasury Corporation.(Hohn, Edward)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 562

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

Document 562

Filed 03/01/2007

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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; § WELLS FARGO BANK, NATIONAL § ASSOCIATION § Defendants/Counter-Plaintiff §

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

DATATREASURY'S ANSWER TOM&T BANK CORPORATION AND M&T BANK'S COUNTERCLAIMS Plaintiff/Counter-Defendant DataTreasury Corporation hereby files its Answer to M&T Bank Corporation and M&T Bank's (collectively "M&T"), Counterclaims to Plaintiff's First Amended Complaint for Patent Infringement and in support thereof, states as follows: COUNTERCLAIM 1. Plaintiff/Counter-Defendant denies that M&T is entitled to a declaration of non-

infringement as to the `988, `137, `007 and `868 Patents as alleged in paragraph 1 of M&T's Counterclaim. 2. Plaintiff/Counter-Defendant denies that M&T is entitled to a declaration of

invalidity as to the `988, `137, `007 and `868 Patents as alleged in paragraph 2 of M&T's Counterclaim. JURISDICTION AND VENUE 3. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 3 of

M&T's Counterclaim.

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4.

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

M&T's Counterclaim.

THE PARTIES 5. Plaintiff/Counter-Defendant can neither admit or deny that M&T Bank is a

national banking association authorized to do business under the laws of the United States as alleged in paragraph 5 of M&T's Counterclaim. Plaintiff/Counter-Defendant 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 M&T'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 M&T's Counterclaim. 7. Plaintiff/Counter-Defendant denies that M&T 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 M&T'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 M&T's Counterclaim.

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9.

Plaintiff/Counter-Defendant denies that M&T 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 M&T's Counterclaim. COUNT III (Declaratory Judgment of Invalidity, 28 U.S.C. §§ 2201-2202) 10. Plaintiff/Counter-Defendant admits that it has alleged that M&T 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 M&T's Counterclaim. Plaintiff/CounterDefendant denies that some or all of the claims of the `007 Patent are invalid as alleged in paragraph 14 of the third counterclaim of M&T's Counterclaim. 11. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 15 of

the third counterclaim of M&T's Counterclaim. 12. Plaintiff/Counter-Defendant denies that M&T 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 M&T's Counterclaim. COUNT IV (Declaratory Judgment of Invalidity, 28 U.S.C. §§ 2201-2202) 13. Plaintiff/Counter-Defendant admits that it has alleged that M&T 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 M&T's Counterclaim. Plaintiff/CounterDefendant denies that some or all of the claims of the `868 Patent are invalid as alleged in paragraph 18 of the fourth counterclaim of M&T's Counterclaim.

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14.

Plaintiff/Counter-Defendant admits the allegations contained in paragraph 19 of

the fourth counterclaim of M&T's Counterclaim. 15. Plaintiff/Counter-Defendant denies that M&T 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 M&T'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. 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]
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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] 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

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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

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