Datatreasury Corporation v. Wells Fargo & Company et al

Filing 727

NOTICE by Datatreasury Corporation Plaintiff/Counter Defendant's Answer to Counterclaim of HSBC North American Holdings, Inc. (Hohn, Edward)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 727

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

Document 727

Filed 06/21/2007

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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 NORTH AMERICA HOLDINGS INC.'S COUNTERCLAIM TO PLAINTIFF'S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff/Counter-Defendant DataTreasury Corporation hereby files its Answer to HSBC North America Holdings Inc.'s ("HSBC") 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 paragraph 104 of

HSBC's Counterclaim. 2. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 105 of

HSBC's Counterclaim. 3. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 106 of

HSBC's Counterclaim.

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FIRST COUNTERCLAIM FOR RELIEF (Declaratory Judgment ­ Non-Infringement) 4. In paragraph 107 of Defendant's Counterclaim, HSBC has incorporated

Paragraphs 93 through 102 which are affirmative defenses by Defendant HSBC, 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. 5. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 108 of

the first counterclaim of HSBC's Counterclaim. 6. Plaintiff/Counter-Defendant admits the allegations contained in paragraph 109 of

the first counterclaim of HSBC's Counterclaim. 7. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 110 of

the first counterclaim of HSBC's Counterclaim. 8. Plaintiff/Counter-Defendant denies that HSBC is entitled to a Declaratory

Judgment of Non-Infringement, as alleged in paragraph 111 of the first counterclaim of HSBC's Counterclaim. SECOND COUNTERCLAIM FOR RELIEF (Declaratory Judgment ­ Invalidity) 9. In paragraph 112 of Defendant's Counterclaim, HSBC has incorporated

Paragraphs 93 through 102 which are affirmative defenses by Defendant HSBC, 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

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Plaintiff/Counter-Defendant, DataTreasury Corporation responds to each of the affirmative defenses contained in paragraphs 93 through 102 as denied. 10. Plaintiff/Counter-Defendant denies the allegations contained in paragraph 113 of

the second counterclaim of Defendant HSBC's Counterclaim. 11. Plaintiff/Counter-Defendant denies that HSBC is entitled to a Declaratory

Judgment of Invalidity, as alleged in paragraph 114 of the second counterclaim of defendant HSBC's Counterclaim. 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.

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Respectfully submitted, ___________/S/______________________
EDWARD L. VON HOHN, Attorney in Charge State Bar No. 09813240 ROD COOPER State Bar No. 90001628 EDWARD CHIN STATE BAR NO. 50511688B NICOLE REED STATE BAR NO. 24041759 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] [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] 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]

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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 21st day of June, 2007.

____________/S/_____________________ Edward Lewis von Hohn

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