Datatreasury Corporation v. Wells Fargo & Company et al

Filing 569

DataTreasury's ANSWER to Counterclaim of PNC Financial Services Group, Inc. and PNC Bank, N.A. by Datatreasury Corporation.(Hohn, Edward)

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Datatreasury Corporation v. Wells Fargo & Company et al Doc. 569 Case 2:06-cv-00072-DF-CMC Document 569 Filed 03/01/2007 Page 1 of 7 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 PNC FINANCIAL SERVICES GROUP, INC.'S AND PNC BANK, NATIONAL ASSOCIATION'S COUNTERCLAIMS Plaintiff/Counter-Defendant DataTreasury Corporation hereby files its Answer to PNC Financial Services Group, Inc.'s and PNC Bank, National Association's (collectively "PNC") Counterclaims to Plaintiff's First Amended Complaint for Patent Infringement and in support thereof, states as follows: 1. Plaintiff/Counter-Defendant is without sufficient knowledge to either admit or deny the allegations contained in paragraph 130 of PNC's Counterclaim. 2. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 131 of PNC's Counterclaim. 3. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 132 of PNC's Counterclaim. 4. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 133 of PNC's Counterclaim. 5. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 134 of PNC's Counterclaim. DataTreasury's Answer to Counterclaim by PNC Page 1 Dockets.Justia.com Case 2:06-cv-00072-DF-CMC Document 569 Filed 03/01/2007 Page 2 of 7 FIRST COUNTERCLAIM (Declaratory Judgment of NonInfringement of U. S. Patent No, 5,265,007) 6. In paragraph 135 of Defendants' Counterclaim, PNC has incorporated Paragraphs 94 through 129 of Defendant's Answer which are affirmative defenses by Defendant PNC 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 94 through 129 as denied. 7. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 136 of the first counterclaim of PNC's Counterclaims. SECOND COUNTERCLAIM (Declaratory Judgment of Invalidity of U. S. Patent No. 5,265,007) 8. In paragraph 137 of Defendants' Counterclaim, PNC has incorporated Paragraphs 94 through 129 of Defendant's Answer which are affirmative defenses by Defendant PNC 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 94 through 129 as denied. 9. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 138 of the second counterclaim of PNC's Counterclaims. DataTreasury's Answer to Counterclaim by PNC Page 2 Case 2:06-cv-00072-DF-CMC Document 569 Filed 03/01/2007 Page 3 of 7 THIRD COUNTERCLAIM (Declaratory Judgment of Unenforceability of U. S. Patent No. 5,265,007) 10. In paragraph 139 of Defendants' Counterclaim, PNC has incorporated Paragraphs 94 through 129 of Defendant's Answer which are affirmative defenses by Defendant PNC 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 94 through 129 as denied. 11. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 140 of the third counterclaim of PNC's Counterclaims. FOURTH COUNTERCLAIM (Declaratory Judgment of Noninfringement of U. S. Patent No. 5,717,868) 12. In paragraph 141 of Defendants' Counterclaim, PNC has incorporated Paragraphs 94 through 129 of Defendant's Answer which are affirmative defenses by Defendant PNC 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 94 through 129 as denied. 13. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 142 of the fourth counterclaim of PNC's Counterclaims. DataTreasury's Answer to Counterclaim by PNC Page 3 Case 2:06-cv-00072-DF-CMC Document 569 Filed 03/01/2007 Page 4 of 7 FIFTH COUNTERCLAIM (Declaratory Judgment of Invalidity of U. S. Patent No. 5,717,868) 14. In paragraph 143 of Defendants' Counterclaim, PNC has incorporated Paragraphs 94 through 129 of Defendant's Answer which are affirmative defenses by Defendant PNC 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 94 through 129 as denied. 15. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 144 of the fifth counterclaim of PNC's Counterclaims. SIXTH COUNTERCLAIM (Declaratory Judgment of Unenforceability of U. S. Patent No. 5,717,868) 16. In paragraph 145 of Defendants' Counterclaim, PNC has incorporated Paragraphs 94 through 129 of Defendant's Answer which are affirmative defenses by Defendant PNC 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 94 through 129 as denied. 17. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 146 of the sixth counterclaim of PNC's Counterclaims. 18. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 147 of the sixth counterclaim of PNC's Counterclaims. DataTreasury's Answer to Counterclaim by PNC Page 4 Case 2:06-cv-00072-DF-CMC Document 569 Filed 03/01/2007 Page 5 of 7 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) edhohn@nixlawfirm.com rodcooper@nixlawfrm.com edchin@nixlawfirm.com DataTreasury's Answer to Counterclaim by PNC Page 5 Case 2:06-cv-00072-DF-CMC Document 569 Filed 03/01/2007 Page 6 of 7 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) akbruster@nixlawfirm.com bpaddock@nixlawfirm.com benking@nixlawfirm.com 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) jkendall@provostumphrey.com krupp@provostumphrey.com 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) ema@emafirm.com 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) jw@jwfirm.com ATTORNEYS FOR PLAINTIFF/COUNTERDEFENDANT,DATATREASURY CORPORATION DataTreasury's Answer to Counterclaim by PNC Page 6 Case 2:06-cv-00072-DF-CMC Document 569 Filed 03/01/2007 Page 7 of 7 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 PNC Page 7

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