Datatreasury Corporation v. Wells Fargo & Company et al

Filing 666

RESPONSE to #618 Amended Answer to Complaint and Amended Counterclaim of HSBC Bank USA, N.A. by Datatreasury Corporation. (Hohn, Edward)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 666

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

Document 666

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 HSBC BANK USA, N.A.'S AMENDED COUNTERCLAIMS Plaintiff/Counter-Defendant DataTreasury Corporation hereby files its Answer to HSBC Bank USA, N.A.'s ("HSBC Bank") Amended 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 104

through 106 of HSBC Bank's Amended Counterclaims. 2. Plaintiff/Counter-Defendant admits the allegations contained in paragraphs 104

thru 105 of HSBC Bank's Counterclaims. FIRST COUNTERCLAIM FOR RELIEF (Declaratory Judgment ­ Non-Infringement) 3. In paragraph 107 of Defendants' Amended Counterclaim, HSBC Bank has

incorporated Paragraphs 93 through 102 of Defendant's Amended Answer which are affirmative defenses by Defendant HSBC Bank for which Defendant has the burden of proof, and no response is required by Plaintiff/Counter-Defendant. However, in the event

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any response would be required by Plaintiff/Counter-Defendant, DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 93 through 102 as denied. 4. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 108 of

the first counterclaim of HSBC Bank's Amended Counterclaims. 5. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 109 of

the first counterclaim of HSBC Bank's Amended Counterclaim. 6. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 110 of

the first counterclaim of HSBC Bank's Amended Counterclaim. 7. Plaintiff/Counter-Defendant denies that HSBC Bank is entitled to a judicial

declaration of non-infringement as to the `988, `137, `007, and `868 Patents, as alleged in paragraph 111 of the first counterclaim of HSBC Bank's Amended Counterclaim. SECOND COUNTERCLAIM FOR RELIEF (Declaratory Judgment - Invalidity) 8. In paragraph 112 of Defendants' Amended Counterclaim, HSBC Bank has

incorporated Paragraphs 93 through 102 of Defendant's Amended Answer which are affirmative defenses by Defendant HSBC 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 102 as denied. 9. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 113 of

the second counterclaim of HSBC Bank's Amended Counterclaims.

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10.

Plaintiff/Counter-Defendant denies that HSBC Bank is entitled to a judicial

declaration of invalidity as to the `988, `137, `007, and `868 Patents as alleged in paragraph 113 of the second counterclaim of HSBC Bank's 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; 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]

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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]

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

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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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