Datatreasury Corporation v. Wells Fargo & Company et al

Filing 566

DataTreasury's ANSWER to Counterclaim of Union Bank of California, N.A. by Datatreasury Corporation.(Hohn, Edward)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 566

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

Document 566

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 TO UNION BANK OF CALIFORNIA, NATIONAL ASSOCIATION'S COUNTERCLAIMS Plaintiff/Counter-Defendant DataTreasury Corporation hereby files its Answer to Union Bank of California, N.A.'s ("UBoC") Counterclaims to Plaintiff's First Amended Complaint for Patent Infringement and in support thereof, states as follows: JURISDICTION AND VENUE 1. Plaintiff/Counter-Defendant admits the allegations contained in paragraphs 99

thru 103 of UBoC's Counterclaim. THE PARTIES 2. Plaintiff/Counter-Defendant is without sufficient knowledge to either admit or

deny the allegations contained in paragraph 104 of UBoC's Counterclaim. 3. Plaintiff/Counter-Defendant admits the allegations in paragraphs 105 thru 107 of

BNY's Counterclaim.

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COUNTERCLAIM ONE: INVALIDITY OF THE `007 PATENT 4. In paragraph 108 of Defendant's Counterclaim, UBoC has incorporated

Paragraphs 93 through 98 of Defendant's Answer which are affirmative defenses by Defendant UBoC for which Defendant has the burden of proof, and no response is required by Plaintiff/Counter-Defendant. However, in the event any response would be required by Plaintiff/Counter-Defendant, DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 93 through 98 as denied. 5. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 109 of

UBoC's Counterclaim. COUNTERCLAIM TWO: NON-INFRINGEMENT OF THE `007 PATENT 6 In paragraph 110 of Defendant's Counterclaim, UBoC has incorporated

Paragraphs 93 through 98 of Defendant's Answer which are affirmative defenses by Defendant UBoC for which Defendant has the burden of proof, and no response is required by Plaintiff/Counter-Defendant. However, in the event any response would be required by Plaintiff/Counter-Defendant, DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 93 through 98 as denied. 7. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 111 of

UBoC's Counterclaim. COUNTERCLAIM THREE: INVALIDITY OF THE `868 PATENT 8. In paragraph 112 of Defendant's Counterclaim, UBoC has incorporated

Paragraphs 93 through 98 of Defendant's Answer which are affirmative defenses by Defendant UBoC for which Defendant has the burden of proof, and no response is required by Plaintiff/Counter-Defendant. However, in the event any response would be

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required by Plaintiff/Counter-Defendant, DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 93 through 98 as denied. 9. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 113 of

UBoC's Counterclaim. COUNTERCLAIM FOUR: NON-INFRINGEMENT OF THE `868 PATENT 10. In paragraph 114 of Defendants' Counterclaim, UBoC has incorporated

Paragraphs 93 through 98 of Defendant's Answer which are affirmative defenses by Defendant UBoC for which Defendant has the burden of proof, and no response is required by Plaintiff/Counter-Defendant. However, in the event any response would be required by Plaintiff/Counter-Defendant, DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 93 through 98 as denied. 11. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 115 of

UBoC'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. An award of the costs of this action; and

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D.

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] 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 1st day of March, 2007.

___________/S/______________________ Edward Lewis von Hohn

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