Datatreasury Corporation v. Wells Fargo & Company et al

Filing 668

DataTreasury Corporation's ANSWER to Counterclaim (Amended) of City National Corporation and City National Bank by Datatreasury Corporation.(Hohn, Edward)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 668

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

Document 668

Filed 04/18/2007

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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 CITY NATIONAL CORPORATION AND CITY NATIONAL BANK'S AMENDED COUNTERCLAIMS Plaintiff/Counter-Defendant DataTreasury Corporation hereby files its Answer to City National Corporation and City National Bank's (collectively "City National Defendants") Amended Counterclaims to Plaintiff's Complaint for Patent Infringement and in support thereof, states as follows: 1. In paragraph 35 of Defendants' Counterclaim, City National Defendants have

incorporated Paragraphs 26 through 34 of Defendants' Amended Answer which are affirmative defenses by Defendant City National 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 26 through 34 as denied. 2. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 36 of

City National Defendants' Amended Counterclaim.

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3.

Plaintiff/Counter-Defendant admits the allegations contained in paragraph 37 of

City National Defendants' Amended Counterclaim. 4. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 38 of

City National Defendants' Amended Counterclaim. FIRST COUNTERCLAIM (Declaratory Judgment of NonInfringement) 5. In paragraph 39 of Defendants' Amended Counterclaim, City National

Defendants have incorporated Paragraphs 26 through 34 of Defendants' Amended Answer which are affirmative defenses by Defendant City National Defendants for which Defendants have the burden of proof, and no response is required by Plaintiff/CounterDefendant. However, in the event any response would be required by Plaintiff/CounterDefendant, DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 26 through 34 as denied. 6. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 40 of

the first counterclaim of City National Defendants' Amended Counterclaims. 7. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 41 of

the first counterclaim of City National Defendants' Amended Counterclaims. 8. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 42 of

the first counterclaim of City National Defendants' Amended Counterclaims. SECOND COUNTERCLAIM (Declaratory Judgment of Invalidity) 9. In paragraph 43 of Defendants' Amended Counterclaim, City National

Defendants have incorporated Paragraphs 26 through 34 of Defendants' Amended Answer which are affirmative defenses by Defendant City National Defendants for which

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Defendants have the burden of proof, and no response is required by Plaintiff/CounterDefendant. However, in the event any response would be required by Plaintiff/CounterDefendant, DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 26 through 34 as denied. 10. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 44 of

the second counterclaim of City National Defendants' Amended Counterclaims. THIRD COUNTERCLAIM (Declaratory Judgment of Unenforceability 11. In paragraph 45 of Defendants' Amended Counterclaim, City National

Defendants have incorporated Paragraphs 26 through 34 of Defendants' Amended Answer which are affirmative defenses by Defendant City National Defendants for which Defendants have the burden of proof, and no response is required by Plaintiff/CounterDefendant. However, in the event any response would be required by Plaintiff/CounterDefendant, DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 26 through 34 as denied. 12. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 46 of

the third counterclaim of City National Defendants' Amended Counterclaims. FOURTH COUNTERCLAIM (Laches and/or Statute of Limitation 13. In paragraph 47 of Defendants' Amended Counterclaim, City National

Defendants have incorporated Paragraphs 26 through 34 of Defendants' Amended Answer which are affirmative defenses by Defendant City National Defendants for which Defendants have the burden of proof, and no response is required by Plaintiff/CounterDefendant. However, in the event any response would be required by Plaintiff/Counter-

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Defendant, DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 26 through 34 as denied. 14. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 48 of

the fourth counterclaim of City National Defendants' Amended Counterclaims. FIFTH COUNTERCLAIM (Exceptional Case) 15. In paragraph 49 of Defendants' Amended Counterclaim, City National

Defendants have incorporated Paragraphs 26 through 34 of Defendants' Amended Answer which are affirmative defenses by Defendant City National Defendants for which Defendants have the burden of proof, and no response is required by Plaintiff/CounterDefendant. However, in the event any response would be required by Plaintiff/CounterDefendant, DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 26 through 34 as denied. 16. Plaintiff/Counter-Defendant denies that Defendant City National Defendants are

entitled to recover reasonable attorneys fees as alleged in paragraph 50 of the fifth counterclaim of City National 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;
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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 18th day of April, 2007.

___________/S/______________________ Edward Lewis von Hohn

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