Datatreasury Corporation v. Wells Fargo & Company et al

Filing 663

DataTreasury Corporation's ANSWER to Counterclaim (Amended) of Citizens Financial Group, Inc. by Datatreasury Corporation.(Hohn, Edward)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 663

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

Document 663

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 CITIZENS FINANCIAL GROUP INC.'S AMENDED COUNTERCLAIMS Plaintiff/Counter-Defendant DataTreasury Corporation hereby files its Answer to Citizens Financial Group, Inc.'s ("CFG") Amended Counterclaims to Plaintiff's First Amended Complaint for Patent Infringement and in support thereof, states as follows: 1. Plaintiff/Counter-Defendant admits the allegations in paragraph 1 of CFG's

Amended Counterclaims. 2. Plaintiff/Counter-Defendant admits the allegations in paragraph 2 of CFG's

Amended Counterclaims. 3. Plaintiff/Counter-Defendant admits the allegations in paragraph 3 of CFG's

Amended Counterclaims. 4. Plaintiff/Counter-Defendant admits the allegations in paragraph 4 of CFG's

Amended Counterclaims. 5. Plaintiff/Counter-Defendant admits the allegations in paragraph 5 of CFG's

Amended Counterclaims.

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FIRST COUNTERCLAIM ­ DECLARATORY JUDGMENT OF NONINFRINGEMENT 6. Plaintiff/Counter-Defendant is without sufficient knowledge to either admit or

deny the allegations contained in paragraphs 6 thru 21 of the first counterclaim of CFG's Amended Counterclaims. 7. Plaintiff/Counter-Defendant denies the allegations in paragraph 22 of the first

counterclaim of CFG's Amended Counterclaims. 8. Plaintiff/Counter-Defendant denies the allegations in paragraph 23 of the first

counterclaim of CFG's Amended Counterclaims. 9. Plaintiff/Counter-Defendant denies the allegations in paragraph 24 of the first

counterclaim of CFG's Amended Counterclaims. 10. Plaintiff/Counter-Defendant denies the allegations in paragraph 25 of the first

counterclaim of CFG's Amended Counterclaims. 11. Plaintiff/Counter-Defendant denies that CFG is entitled to a Declaratory

Judgment of Non-Infringement as to the `988 Patent, as alleged in paragraph 26 of the first counterclaim of CFG's Amended Counterclaim. 12. Plaintiff/Counter-Defendant denies that CFG is entitled to a Declaratory

Judgment of Non-Infringement as to the `137 Patent, as alleged in paragraph 27 of the first counterclaim of CFG's Amended Counterclaim. 13. Plaintiff/Counter-Defendant denies that CFG is entitled to a Declaratory

Judgment of Non-Infringement as to the `007 Patent, as alleged in paragraph 28 of the first counterclaim of CFG's Amended Counterclaim.

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14.

Plaintiff/Counter-Defendant denies that CFG is entitled to a Declaratory

Judgment of Non-Infringement as to the `868 Patent, as alleged in paragraph 29 of the first counterclaim of CFG's Amended Counterclaim. SECOND COUNTERCLAIM ­ DECLARATORY JUDGMENT OF INVALIDITY 15. Plaintiff/Counter-Defendant denies the allegations contained in paragraphs 30

thru 34 of the second counterclaim of CFG's Amended Counterclaim. 16. Plaintiff/Counter-Defendant denies that CFG is entitled to a Declaratory

Judgment of Invalidity as to the `988, `137, `007, and `868 patents as alleged in paragraphs 35 thru 38 of the second counterclaim of CFG's Amended Counterclaims. THIRD COUNTERCLAIM ­ DECLARATORY JUDGMENT OF UNENFORCEABILITY 17. Plaintiff/Counter-Defendant denies the allegations contained in paragraphs 39

through 40 of the third counterclaim of CFG's Amended Counterclaims. 18. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 41 of

the third counterclaim of CFG's Amended Counterclaims. 19. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 42 of

the third counterclaim of CFG's Amended Counterclaims. 20. Plaintiff/Counter-Defendant denies the allegations contained in paragraphs 43

through 69 of the third counterclaim of CFG'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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