Datatreasury Corporation v. Wells Fargo & Company et al

Filing 656

DataTreasury Corporation's ANSWER to Counterclaim (Amended) of Deutsche Bank Trust Company America by Datatreasury Corporation.(Hohn, Edward)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 656

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

Document 656

Filed 04/17/2007

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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 DEUTSCHE BANK TRUST COMPANY AMERICA'S AMENDED COUNTERCLAIMS Plaintiff/Counter-Defendant DataTreasury Corporation hereby files its Answer to Deutsche Bank Trust Company America's ("Deutsche Bank") Amended Counterclaims to Plaintiff's First Amended Complaint for Patent Infringement and in support thereof, states as follows: 1. In paragraph 102 of Defendants' Amended Counterclaim, Deutsche Bank has

incorporated Paragraphs 93 through 101 of Defendant's Amended Answer which are affirmative defenses by Defendant Deutsche Bank 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 101 as denied. 2. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 103 of

Deutsche Bank's Amended Counterclaim.

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3.

Plaintiff/Counter-Defendant admits the allegations contained in paragraph 104 of

Deutsche Bank's Amended Counterclaim. 4. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 105 of

Deutsche Bank's Amended Counterclaim. FIRST COUNTERCLAIM (Declaratory Judgment of NonInfringement) 5. In paragraph 106 of Defendants' Amended Counterclaim, Deutsche Bank has

incorporated Paragraphs 93 through 101 of Defendant's Amended Answer which are affirmative defenses by Defendant Deutsche Bank 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 101 as denied. 6. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 107 of

the first counterclaim of Deutsche Bank's Amended Counterclaims. 7. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 108 of

the first counterclaim of Deutsche Bank's Amended Counterclaims. 8. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 109 of

the first counterclaim of Deutsche Bank's Amended Counterclaims. SECOND COUNTERCLAIM (Declaratory Judgment of Invalidity) 9. In paragraph 110 of Defendants' Amended Counterclaim, Deutsche Bank has

incorporated Paragraphs 93 through 101 of Defendant's Amended Answer which are

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affirmative defenses by Defendant Deutsche Bank 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 101 as denied. 10. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 111 of

the second counterclaim of Deutsche Bank's Amended Counterclaims. THIRD COUNTERCLAIM (Declaratory Judgment of Unenforceability) 11. In paragraph 112 of Defendants' Amended Counterclaim, Deutsche Bank has

incorporated Paragraphs 93 through 101 of Defendant's Amended Answer which are affirmative defenses by Defendant Deutsche Bank 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 101 as denied. 12. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 113 of

the third counterclaim of Deutsche Bank's Amended Counterclaims. FOURTH COUNTERCLAIM (Laches and/or Statute of Limitations) 13. In paragraph 114 of Defendants' Amended Counterclaim, Deutsche Bank has

incorporated Paragraphs 93 through 101 of Defendant's Amended Answer which are affirmative defenses by Defendant Deutsche Bank for which Defendant has the burden of

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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 101 as denied. 14. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 115 of

the fourth counterclaim of Deutsche Bank's Amended Counterclaims. FIFTH COUNTERCLAIM (Exceptional Case) 15. In paragraph 116 of Defendants' Amended Counterclaim, Deutsche Bank has

incorporated Paragraphs 93 through 101 of Defendant's Amended Answer which are affirmative defenses by Defendant Deutsche Bank 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 101 as denied. 15. Plaintiff/Counter-Defendant denies that Defendant Deutsche Bank is entitled to

recover reasonable attorneys fees as alleged in paragraph 117 of the fifth counterclaim of Deutsche Bank's Amended Counterclaims.

PRAYER FOR RELIEF WHEREFORE, Plaintiff/Counter-Defendant prays for judgment against

Defendants/Counter-Plaintiffs as follows: A. For judgment dismissing the counterclaims with prejudice;

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B.

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] 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]

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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

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

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