Datatreasury Corporation v. Wells Fargo & Company et al

Filing 655

DataTreasury Corporation's ANSWER to Counterclaim (Amended) of First Data Corporation, Telecheck Services, Inc., and Remitco L.L.C. by Datatreasury Corporation.(Hohn, Edward)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 655

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

Document 655

Filed 04/17/2007

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 FIRST DATA CORPORATION, TELECHECK SERVICES, INC., AND REMITCO, LLC'S AMENDED COUNTERCLAIMS Plaintiff/Counter-Defendant DataTreasury Corporation hereby files its Answer to First Data Corporation's, TeleCheck Services, Inc.'s, and Remitco, LLC's (collectively "FDC Defendants") Amended Counterclaims to Plaintiff's First Amended Complaint for Patent Infringement and in support thereof, states as follows: 1. In paragraph 101 of Defendants' Counterclaim, FDC Defendants have

incorporated Paragraphs 93 through 100 of Defendants' Amended Answer which are affirmative defenses by Defendant FDC Defendants for which Defendants have 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 100 as denied. 2. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 102 of

FDC Defendants' Amended Counterclaim.

DataTreasury's Answer to Amended Counterclaim by FDC Defendants

Page 1

Dockets.Justia.com

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

Document 655

Filed 04/17/2007

Page 2 of 6

3.

Plaintiff/Counter-Defendant admits the allegations contained in paragraph 103 of

FDC Defendants' Amended Counterclaim. 4. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 104 of

FDC Defendants' Amended Counterclaim. FIRST COUNTERCLAIM (Declaratory Judgment of NonInfringement) 5. In paragraph 105 of Defendants' Counterclaim, FDC Defendants have

incorporated Paragraphs 93 through 100 of Defendants' Amended Answer which are affirmative defenses by Defendant FDC Defendants for which Defendants have 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 100 as denied. 6. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 106 of

the first counterclaim of FDC Defendants' Amended Counterclaims. 7. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 107 of

the first counterclaim of FDC Defendants' Amended Counterclaims. 8. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 108 of

the first counterclaim of FDC Defendants' Amended Counterclaims. SECOND COUNTERCLAIM (Declaratory Judgment of Invalidity) 9. In paragraph 109 of Defendants' Amended Counterclaim, FDC Defendants have

incorporated Paragraphs 93 through 100 of Defendants' Amended Answer which are affirmative defenses by Defendant FDC Defendants for which Defendants have the

DataTreasury's Answer to Amended Counterclaim by FDC Defendants

Page 2

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

Document 655

Filed 04/17/2007

Page 3 of 6

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 100 as denied. 10. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 110 of

the second counterclaim of FDC Defendants' Amended Counterclaims. THIRD COUNTERCLAIM (Actual and/or Implied License) 11. In paragraph 111 of Defendants' Amended Counterclaim, FDC Defendants have

incorporated Paragraphs 93 through 100 of Defendants' Amended Answer which are affirmative defenses by Defendant FDC Defendants for which Defendants have 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 100 as denied. 12. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 112 of

the third counterclaim of FDC Defendants' Amended Counterclaims. FOURTH COUNTERCLAIM (Laches and/or Statute of Limitations) 13. In paragraph 113 of Defendants' Amended Counterclaim, FDC Defendants have

incorporated Paragraphs 93 through 100 of Defendants' Amended Answer which are affirmative defenses by Defendant FDC Defendants for which Defendants have 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's Answer to Amended Counterclaim by FDC Defendants

Page 3

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

Document 655

Filed 04/17/2007

Page 4 of 6

DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 93 through 100 as denied. 14. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 114 of

the fourth counterclaim of FDC Defendants's Amended Counterclaims. FIFTH COUNTERCLAIM (Exceptional Case) 15. In paragraph 115 of Defendants' Amended Counterclaim, FDC Defendants have

incorporated Paragraphs 93 through 100 of Defendants' Amended Answer which are affirmative defenses by Defendant FDC Defendants for which Defendants have 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 100 as denied. 15. Plaintiff/Counter-Defendant denies that Defendant FDC Defendants is entitled to

recover reasonable attorneys fees as alleged in paragraph 115 of the fifth counterclaim of FDC Defendants' Amended Counterclaims.

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;
DataTreasury's Answer to Amended Counterclaim by FDC Defendants

Page 4

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

Document 655

Filed 04/17/2007

Page 5 of 6

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] 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]

DataTreasury's Answer to Amended Counterclaim by FDC Defendants

Page 5

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

Document 655

Filed 04/17/2007

Page 6 of 6

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 17th day of April, 2007.

___________/S/______________________ Edward Lewis von Hohn

DataTreasury's Answer to Amended Counterclaim by FDC Defendants

Page 6