Datatreasury Corporation v. Wells Fargo & Company et al

Filing 717

ANSWER to Amended Complaint by HSBC North America Holdings Inc.(Boudreaux, Glen)

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Datatreasury Corporation v. Wells Fargo & Company et al Doc. 717 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 1 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff, vs. WELLS FARGO & COMPANY; ET AL., Defendants. § § § § § § § § § Civil Action No. 2:06cv72 JURY TRIAL DEMANDED HSBC NORTH AMERICA HOLDINGS INC. INC.'S ANSWER Defendant HSBC NORTH AMERICA HOLDINGS INC. answers Plaintiff DataTreasury Corporation's First Amended Complaint ("Complaint") for Patent Infringement as follows: ADMISSIONS AND DENIALS OF PLAINTIFF'S ALLEGATIONS I. THE PARTIES 1. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 1, and therefore, denies such allegations. 2. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 2, and therefore, denies such allegations. 3. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 3, and therefore, denies such allegations. Dockets.Justia.com Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 2 of 24 4. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 4, and therefore, denies such allegations. 5. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 5, and therefore, denies such allegations. 6. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 6, and therefore, denies such allegations. 7. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 7, and therefore, denies such allegations. 8. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 8, and therefore, denies such allegations. 9. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 9, and therefore, denies such allegations. 10. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 10, and therefore, denies such allegations. HSBC North America Holdings Inc.'s Answer Page 2 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 3 of 24 11. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 11, and therefore, denies such allegations. 12. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 12, and therefore, denies such allegations. 13. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 13, and therefore, denies such allegations. 14. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 14, and therefore, denies such allegations. 15. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 15, and therefore, denies such allegations. 16. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 16, and therefore, denies such allegations. 17. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 17, and therefore, denies such allegations. HSBC North America Holdings Inc.'s Answer Page 3 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 4 of 24 18. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 18, and therefore, denies such allegations. 19. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 19, and therefore, denies such allegations. 20. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 20, and therefore, denies such allegations. 21. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 21, and therefore, denies such allegations. 22. HSBC North America Holdings Inc. admits that it is incorporated in the State of Delaware, has a principal place of business in the State of Illinois and that it was served as alleged by Plaintiff. HSBC North America Holdings Inc. denies that it does business in Texas and further denies all other allegations in paragraph 22. 23. HSBC North America Holdings Inc. admits that HSBC Bank is a principal subsidiary of HSBC USA Inc., which is an indirectly held wholly owned subsidiary of HSBC North America Holdings Inc. allegations in paragraph 23. 24. HSBC North America Holdings Inc. is without sufficient knowledge or HSBC North America Holdings Inc. denies all other information to form a belief as to the truth of the allegations contained in paragraph 24, and therefore, denies such allegations. HSBC North America Holdings Inc.'s Answer Page 4 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 5 of 24 25. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 25, and therefore, denies such allegations. 26. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 26, and therefore, denies such allegations. 27. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 27, and therefore, denies such allegations. 28. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 28, and therefore, denies such allegations. 29. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 29, and therefore, denies such allegations. 30. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 30, and therefore, denies such allegations. 31. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 31, and therefore, denies such allegations. HSBC North America Holdings Inc.'s Answer Page 5 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 6 of 24 32. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 32, and therefore, denies such allegations. 33. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 33, and therefore, denies such allegations. 34. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 34, and therefore, denies such allegations. 35. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 35, and therefore, denies such allegations. 36. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 36, and therefore, denies such allegations. 37. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 37, and therefore, denies such allegations. 38. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 38, and therefore, denies such allegations. HSBC North America Holdings Inc.'s Answer Page 6 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 7 of 24 39. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 39, and therefore, denies such allegations. 40. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 40, and therefore, denies such allegations. 41. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 41, and therefore, denies such allegations. 42. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 42, and therefore, denies such allegations. 43. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 43, and therefore, denies such allegations. 44. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 44, and therefore, denies such allegations. 45. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 45, and therefore, denies such allegations. HSBC North America Holdings Inc.'s Answer Page 7 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 8 of 24 46. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 46, and therefore, denies such allegations. 47. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 47, and therefore, denies such allegations. 48. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 48, and therefore, denies such allegations. 49. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 49, and therefore, denies such allegations. 50. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 50, and therefore, denies such allegations. 51. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 51, and therefore, denies such allegations. 52. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 52, and therefore, denies such allegations. HSBC North America Holdings Inc.'s Answer Page 8 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 9 of 24 53. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 53, and therefore, denies such allegations. 54. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 54, and therefore, denies such allegations. 55. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 55, and therefore, denies such allegations. 56. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 56, and therefore, denies such allegations. 57. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 57, and therefore, denies such allegations. 58. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 58, and therefore, denies such allegations. II. JURISDICTION AND VENUE 59. HSBC North America Holdings Inc. admits that this action purports to be one arising under the patent laws of the United States and that the Court has subject matter jurisdiction. HSBC North America Holdings Inc. denies the remaining allegations in paragraph 59 of the Complaint. HSBC North America Holdings Inc.'s Answer Page 9 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 10 of 24 60. HSBC North America Holdings Inc. denies the allegations in paragraph 60 of the Complaint. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 60 as they pertain to Defendants other than HSBC North America Holdings Inc., and therefore, HSBC North America Holdings Inc. denies such allegations. 61. HSBC North America Holdings Inc. denies the allegations contained in paragraph 61 of the Complaint as they pertain to HSBC North America Holdings Inc. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 61 as they pertain to Defendants other than HSBC North America Holdings Inc., and therefore, HSBC North America Holdings Inc. denies such allegations. 62. HSBC North America Holdings Inc. denies that it is a user of Viewpointe Archive, denies that it is an owner of Viewpointe Archive and is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 62 as to Defendants other than HSBC North America Holdings Inc., and therefore, HSBC North America Holdings Inc. denies such allegations. 63. HSBC North America Holdings Inc. denies the allegations contained in paragraph 63 of the Complaint as they pertain to HSBC North America Holdings Inc. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 63 as they pertain to Defendants other than HSBC North America Holdings Inc., and therefore, HSBC North America Holdings Inc. denies such allegations. HSBC North America Holdings Inc.'s Answer Page 10 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 11 of 24 64. HSBC North America Holdings Inc. denies that it is an owner or user of Small Value Payments Company, LLC and/or The Clearing House Payments Company, LLC, and is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 64 as to Defendants other than HSBC North America Holdings Inc., and therefore, HSBC North America Holdings Inc. denies such allegations. 65. HSBC North America Holdings Inc. denies the allegations contained in paragraph 65 of the Complaint as they pertain to HSBC North America Holdings Inc. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 65 as they pertain to Defendants other than HSBC North America Holdings Inc., and therefore, HSBC North America Holdings Inc. denies such allegations. III. PATENT INFRINGEMENTS 66. HSBC North America Holdings Inc. admits that the United States Patent & Trademark Office issued Patent No. 5,910,988 ("the `988 Patent") on June 8, 1999 and that the face of that patent names Claudio Ballard as the inventor. HSBC North America Holdings Inc. denies that the `988 Patent was duly and lawfully issued. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the remaining allegations in paragraph 66, and therefore, denies those allegations. 67. HSBC North America Holdings Inc. admits that the United States Patent & Trademark Office issued Patent No. 6,032,137 ("the `137 Patent") on February 29, 2000 and that the face of that patent names Claudio Ballard as the inventor. HSBC North America Holdings Inc. denies that the `137 Patent was duly and lawfully issued. HSBC North HSBC North America Holdings Inc.'s Answer Page 11 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 12 of 24 America Holdings Inc. is without sufficient knowledge or information to form a belief as to the remaining allegations in paragraph 67, and therefore, denies those allegations. 68. HSBC North America Holdings Inc. admits that the United States Patent & Trademark Office issued Patent No. 5,265,007 ("the `007 Patent") on November 23, 1993 and that the face of that patent names John L. Barnhard, Jr., Thomas K. Bowen, Terry L. Greer, and John W. Liebersbach as the named inventors. HSBC North America Holdings Inc. denies that the `007 Patent was duly and lawfully issued. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the remaining allegations in paragraph 68, and therefore, denies those allegations. 69. HSBC North America Holdings Inc. admits that the United States Patent & Trademark Office issued Patent No. 5,583,759 ("the `759 Patent") on December 10, 1996 and that the face of that patent names Terry L. Greer as the inventor. HSBC North America Holdings Inc. denies that the `759 Patent was duly and lawfully issued. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the remaining allegations in paragraph 69, and therefore, denies those allegations. 70. HSBC North America Holdings Inc. admits that the United States Patent & Trademark Office issued Patent No. 5,717,868 ("the `868 Patent") on February 10, 1998 and that the face of that patent names David L. James as the inventor. HSBC North America Holdings Inc. denies that the `868 Patent was duly and lawfully issued. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the remaining allegations in paragraph 70, and therefore, denies those allegations. 71. HSBC North America Holdings Inc. admits that the United States Patent & Trademark Office issued Patent No. 5,930,778 ("the `778' Patent") on July 27, 1999, and that HSBC North America Holdings Inc.'s Answer Page 12 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 13 of 24 the face of that patent names Terry L. Greer as the inventor. HSBC North America Holdings Inc. denies that the `778 Patent was duly and lawfully issued. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the remaining allegations in paragraph 71, and therefore, denies those allegations. 72. HSBC North America Holdings Inc. denies the allegations in paragraph 72. IV. COUNT ONE ­ THE ALLEGED `988 DEFENDANTS 73. HSBC North America Holdings Inc. denies the allegations in paragraph 73 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 73, and therefore, denies those allegations. 74. HSBC North America Holdings Inc. denies the allegations in paragraph 74 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 74, and therefore, denies those allegations. 75. HSBC North America Holdings Inc. denies the allegations in paragraph 75 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 75, and therefore, denies those allegations. 76. HSBC North America Holdings Inc. denies the allegations in paragraph 76 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc.'s Answer Page 13 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 14 of 24 HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 76, and therefore, denies those allegations. V. COUNT TWO ­ THE ALLEGED `137 DEFENDANTS 77. HSBC North America Holdings Inc. denies the allegations in paragraph 77 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 77, and therefore, denies those allegations. 78. HSBC North America Holdings Inc. denies the allegations in paragraph 78 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 78, and therefore, denies those allegations. 79. HSBC North America Holdings Inc. denies the allegations in paragraph 79 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 79, and therefore, denies those allegations. 80. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations in paragraph 80 and therefore denies those allegations. HSBC North America Holdings Inc.'s Answer Page 14 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 15 of 24 VI. COUNT THREE ­ THE ALLEGED `077 DEFENDANTS 81. HSBC North America Holdings Inc. denies the allegations in paragraph 81 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 81, and therefore, denies those allegations. 82. HSBC North America Holdings Inc. denies the allegations in paragraph 82 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 82, and therefore, denies those allegations. 83. HSBC North America Holdings Inc. denies the allegations in paragraph 83 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 83, and therefore, denies those allegations. VII. COUNT FOUR ­ THE ALLEGED `759 DEFENDANTS 84. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 84 and therefore denies such allegations. 85. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 85 and therefore denies such allegations. HSBC North America Holdings Inc.'s Answer Page 15 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 16 of 24 86. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 86 and therefore denies such allegations. VIII. COUNT FIVE ­ THE ALLEGED `868 DEFENDANTS 87. HSBC North America Holdings Inc. denies the allegations in paragraph 87 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 87, and therefore, denies those allegations. 88. HSBC North America Holdings Inc. denies the allegations in paragraph 88 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 88, and therefore, denies those allegations. 89. HSBC North America Holdings Inc. denies the allegations in paragraph 89 as they relate to HSBC North America Holdings Inc. With regard to Defendants other than HSBC North America Holdings Inc., HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the allegations in paragraph 89, and therefore, denies those allegations. IX. COUNT FIVE ­ THE ALLEGED `778 DEFENDANTS 90. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 90 and therefore denies such allegations. HSBC North America Holdings Inc.'s Answer Page 16 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 17 of 24 91. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 91 and therefore denies such allegations. 92. HSBC North America Holdings Inc. is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 92 and therefore denies such allegations. AFFIRMATIVE DEFENSES 93. HSBC North America Holdings Inc. denies that Plaintiff is entitled to relief against HSBC North America Holdings Inc. 94. HSBC North America Holdings Inc. asserts defenses to the Complaint in the following paragraphs. By asserting such defenses, HSBC North America Holdings Inc. does not concede that it has the burden of proving the matter asserted. FIRST DEFENSE 95. HSBC North America Holdings Inc. has not infringed, and is not infringing directly, contributorily or by inducement, any valid claim of the `988, `137, `007 and `868 patents. HSBC North America Holdings Inc. is not liable in any respect for any alleged infringement of the `988, `137, `007 and `868 patents by anyone else. SECOND DEFENSE 96. Each of the claims of the `988, `137, `007 and `868 patents is invalid and void for failing to comply with one or more of the requirements for patentability specified in Title 35, U.S. Code, §§ 102, 103 and 112. HSBC North America Holdings Inc.'s Answer Page 17 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 18 of 24 THIRD DEFENSE 97. On information and belief, and subject to further amendment as HSBC North America Holdings Inc. obtains more information during discovery, the `988, `137, `007 and `868 patents are unenforceable as a result of inequitable conduct in their procurement due to material misrepresentations made to the Examiner of the U.S. Patent and Trademark Office during the prosecution of those patents. FOURTH DEFENSE 98. be granted. FIFTH DEFENSE 99. DataTreasury's claims are barred, in whole or in part, by the equitable The Complaint, in whole or in part, fails to state a claim for which relief can doctrines of waiver, acquiescence, estoppel, and laches, in that DataTreasury unreasonably delayed in bringing its alleged claims. SIXTH DEFENSE 100. DataTreasury has no standing to assert claims of infringement with respect to at least the `988 and/or the `137 patents because DataTreasury is not the owner of those patents. SEVENTH DEFENSE 101. At least some of the allegedly infringing activities of HSBC North America Holdings Inc. of which DataTreasury complains were "for the Government and with the authorization or consent of the Government" for the purposes of 28 U.S.C. § 1498(a). 102. At least part of DataTreasury's remedy for HSBC North America Holdings Inc.'s allegedly infringing use of which DataTreasury complains "shall be by action against HSBC North America Holdings Inc.'s Answer Page 18 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 19 of 24 the United States in the United States Court of Federal Claims for the recovery of [its] reasonable and entire compensation for such use" pursuant to 28 U.S.C. § 1498(a). COUNTERCLAIMS 103. Counterclaimant HSBC North America Holdings Inc. USA, N.A. ("HSBC North America Holdings Inc.") asserts the following counterclaims against DataTreasury Corporation ("DataTreasury"), and alleges as follows: JURISDICTION AND VENUE 104. HSBC North America Holdings Inc.'s First and Second Counterclaims arise under 28 U.S.C. §§ 2201 and 2202 and seek declaratory relief and further relief based upon a declaratory judgment or decree. In these Counterclaims, HSBC North America Holdings Inc. seeks a judicial declaration as to noninfringement and invalidity of U.S. Patent Nos. 5,910,988 ("the `988 patent"), 6,032,137 ("the `137 patent"), 5,265,007 ("the `007 patent"), and 5,717,868 ("the `868 patent"). This Court has original jurisdiction over all counterclaims under 28 U.S.C. §§ 1331, 1338(a) and (b), and 1367. 105. Venue in this district is based on 28 U.S.C. § 1391. This Court has personal jurisdiction over DataTreasury. 106. Based on the allegations of paragraph 1 of the Complaint, DataTreasury Corporation is a Delaware corporation that maintains its principal place of business at 101 East Park Blvd., #600, Plano, TX 75074. FIRST COUNTERCLAIM FOR RELIEF (Declaratory Judgment ­ Non-infringement) 107. HSBC North America Holdings Inc. repeats and realleges paragraphs 1-105, as if fully set forth herein. HSBC North America Holdings Inc.'s Answer Page 19 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 20 of 24 108. Plaintiff and Counterclaim-Defendant DataTreasury Corporation alleged in its Complaint that it is the assignee of the `988, `137, `007, and `868 patents. 109. Plaintiff and Counterclaim-Defendant DataTreasury Corporation by its Complaint has charged HSBC North America Holdings Inc. with infringement and contributory infringement of the `988, `137, `007, and `868 patents. 110. HSBC North America Holdings Inc. has not infringed and is not infringing any claim of the `988, `137, `007, and `868 patents. HSBC North America Holdings Inc. has not contributorily infringed and is not contributorily infringing, and has not actively induced infringement and is not actively inducing others to infringe any claim of the `988, `137, `007, and `868 patents. 111. HSBC North America Holdings Inc. seeks a judicial declaration that it does not infringe or contributorily infringe, nor has it induced infringement of either the `988, `137, `007, or `868 patents. SECOND COUNTERCLAIM FOR RELIEF (Declaratory Judgment ­ Invalidity) 112. HSBC North America Holdings Inc. repeats and realleges paragraphs 1-110, as if fully set forth herein. 113. The `988, `137, `007, and `868 patents are invalid and void for failure to comply with the conditions of patentability specified in Title 35 of the United States Code, including without limitation, sections 102, 103 and 112 thereof. 114. HSBC North America Holdings Inc. seeks a judicial determination that the `988, `137, `007, and `868 patents are invalid. HSBC North America Holdings Inc.'s Answer Page 20 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 21 of 24 PRAYER FOR RELIEF WHEREFORE, HSBC North America Holdings Inc. USA, N.A. respectfully prays for judgment against DataTreasury Corporation as follows: (1) (2) Inc.; (3) Declare that HSBC North America Holdings Inc. does not infringe any claim DataTreasury takes nothing by its Complaint; Dismiss with prejudice the Complaint against HSBC North America Holdings of the `988, `137, `007, and `868 patents; (4) (5) Declare that the `988, `137, `007, and `868 patents are invalid; Declare that HSBC North America Holdings Inc.'s Counterclaims constitute an exceptional case under 35 U.S.C. §285 and HSBC North America Holdings Inc. is entitled to an award of its attorney fees; (6) action; and (7) Award HSBC North America Holdings Inc. such other and further relief as Award HSBC North America Holdings Inc. its costs and disbursements of this this Court may deem just and proper. Respectfully submitted, ____/s/_______________________ Glen M. Boudreaux State Bar No. 02696500 Lead Attorney for HSBC North America Holdings Inc. Boudreaux, Leonard, Hammond & Curcio, P.C. Two Houston Center 909 Fannin, Suite 2350 Houston, Texas 77010 Tel: (713) 757-0000 Fax: (713) 757-0178 gboudreaux@blhc-law.com HSBC North America Holdings Inc.'s Answer Page 21 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 22 of 24 Of Counsel: Wilmer Hale John M. Hintz Irah H. Donner Amr O. Aly 399 Park Avenue New York, New York 10022 Tel: (212) 230-8800 Fax: (212) 230-8888 Irah.donner@wilmerhale.com Locke Lidell Roy Hardin 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201 Tel.: (214) 740-8556 Fax: (214) 740-8800 rhardin@lockeliddell.com Law Offices of Richard Grainger Richard Grainger 118 West Houston Street Tyler, Texas 75710 Tel.: (903) 595-3514 Fax: (903) 595-5360 graingerpc@aol.com HSBC North America Holdings Inc.'s Answer Page 22 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 23 of 24 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served on the 15th day of June, 2007 via electronic transmission. Bank of America ­ Listserve (BankofAmericaF&R@fr.com) BB&T - Listserve (BB&T_DataTreasury@kilpatrickstockton.com) Citizens Financial (citizensfinancial@standleyLLP.com) City National Bank ­ Listserve (citynationalbank@dmtechlaw.com) Comerica Bank 007 ­ Listserve (Comerica_DataTreasury@kilpatrickstockton.com) Compass/First Horizon/TN Bank ­ Listserve (comfhft@andrewskurth.com) Cullen/Frost Bank ­ Listserve (frostbank@dmtechlaw.com) EDS ­ Listserve (EDS_DataTreasury@mckoolsmith.com) UBS ­ Listserve (ubsamericas@velaw.com) HSBC N. America Holdings/HSBC Bank USA - Listserve (hsbccounsel@blhclaw.com) BancorpSouth ­ Listserve (bxs@hughesluce.com) Bank of Tokyo ­ Listserve (BankofTokyo_DataTreasury@sidley.com) BofNY ­ Listserve (BofNYLitTeam@pillsburylaw.com) The Clearing House/SVPCo ­ Listserve (TCH_DT@sullcrom.com) Data Treasury ­ Listserve (Datatreasury@nixlawfirm.com) Edward H. Hohn (edhohn@nixlawfirm.com) Anthony Bruster (akbruster@nixlawfirm.com) Rod Cooper (rodcooper@nixlawfirm.com) Karl Rupp (krupp@provostumphrey.com) Deutsche Bank ­ Listserve (DeutscheBank_DataTreasury@sidley.com) First Citizens Listserve (firstcitizens@bakerbotts.com) First Data ­ Listserve (FirstData_DataTreasury@sidley.com) Key Bank Listserve (KeyCorp_DataTreasury@mckoolsmith.com) LaSalle Bank ­ Listserve (LaSalleBank_DataTreasury@sidley.com) National City Bank ­ Listserve (Foley-DTC@foley.com) Remitco ­ Listserve (Remitco_DataTreasury@sidley.com) TeleCheck ­ Listserve ­ (Telecheck_DataTreasury@sidley.com) Union BofCA Listserve (UBofCLitTeam@pillsburylaw.com) Viewpointe ­ Listserve (Viewpointe_dtc@skadden.com) Zion First National Bank ­ Listserve (Foley-DTC@foley.com) Harris Bancorp. ­ Listserve (Harris_DataTreasury@mckoolsmith.com M&T 077 ­ Listserve (M&T_DataTreasury@kilpatrickstockton.com) PNC Bank ­ Listserve (PNC_DataTreasury@mckoolsmith.com) Suntrust ­ HSBC North America Holdings Inc.'s Answer Page 23 Case 2:06-cv-00072-DF-CMC Document 717 Filed 06/15/2007 Page 24 of 24 Listserve (SunTrust_DataTreasury@mckoolsmith.com) U.S. Bancorp ­ Listserve (Foley-DTC@foley.com) Wacovia 007 ­ Listserve (Wachovia_DataTreasury@kilpatrickstockton.com) Wells Fargo ­ Listserve (*DalWellsFargo_DTC@BakerNet.com) Lance Lee (wlancelee@aol.com) ___/s/_________________________ David S. Curcio HSBC North America Holdings Inc.'s Answer Page 24

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