Antor Media Corporation v. Metacafe, Inc.

Filing 100

ANSWER to Counterclaim of Sun Microsystems, Inc. by Antor Media Corporation, Antor Media Corporation.(Chiaviello, Robert)

Antor Media Corporation v. Metacafe, Inc.

Doc. 100

Case 2:07-cv-00102-DF

Document 100

Filed 07/02/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ANTOR MEDIA CORPORATION, PLAINTIFF, V. METACAFE, INC., ET AL., DEFENDANTS.
§ § § § § § § § § §

CIVIL ACTION NO. 02:07CV-102 JURY DEMANDED

PLAINTIFF'S REPLY TO COUNTERCLAIMS OF SUN, INC. Plaintiff-Counterdefendant, Antor Media Corporation ("Antor"), replies to Defendant Sun Microsystems, Inc. ("Sun") as follows: COUNTERCLAIMS 1. Antor admits this Court has subject matter jurisdiction over Sun's counterclaims

pursuant to 28 U.S.C. §§ 1331, 1338(a), 2201, and 2202. Antor admits that venue is proper in this Court. Antor admits that it is subject to the jurisdiction of this Court. Any allegations not explicitly admitted herein are denied. 2. Antor admits there is an actual controversy between Antor and Sun.

FIRST COUNTERCLAIM ­ DECLARATORY JUDGMENT OF NONINFRINGEMENT OF THE `961 PATENT 3. Antor admits that Sun repeats, realleges and incorporates by reference the

allegations and averments in paragraphs 1 through 51 of its answer and defenses and paragraphs 1 through 2 of its counterclaims. 4. Antor admits this Court has subject matter jurisdiction over Sun's counterclaims

pursuant to 28 U.S.C. §§ 1331, 1338(a), 2201, and 2202.

Dockets.Justia.com

Case 2:07-cv-00102-DF

Document 100

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5.

Denied.

SECOND COUNTERCLAIM ­ DECLARATORY JUDGMENT OF INVALIDITY OF THE `961 PATENT 6. Antor admits that Sun repeats, realleges and incorporates by reference the

allegations and averments in paragraphs 1 through 51 of its answer and defenses and paragraphs 1 through 2 of its counterclaims. 7. Antor admits this Court has subject matter jurisdiction over Sun's counterclaims

pursuant to 28 U.S.C. §§ 1331, 1338(a), 2201, and 2202. 8. Denied. THIRD COUNTERCLAIM ­ DECLARATORY JUDGMENT OF UNENFORCEABILITY OF THE `961 PATENT 9. Antor admits that Sun repeats, realleges and incorporates by reference the

allegations and averments in paragraphs 1 through 51 of its answer and defenses and paragraphs 1 through 2 of its counterclaims. 10. Antor admits this Court has subject matter jurisdiction over Sun's counterclaims

pursuant to 28 U.S.C. §§ 1331, 1338(a), 2201, and 2202. 11. Denied. PRAYER FOR RELIEF WHEREFORE, Antor prays for judgment and requests that this Court: (a) (b) (c) (d) Dismiss Sun's counterclaims with prejudice; Enter judgment in favor of Antor; Award Antor its reasonable costs, expenses, and attorneys' fees; and Grant such other and further relief as the Court may deem just and proper.

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Respectfully submitted this 2nd day of July, 2007. /s/ Robert M. Chiaviello, Jr. Robert M. Chiaviello, Jr., Attorney-in-Charge Texas Bar No. 04190720 Email: [e-mail] Brett C. Govett Texas Bar No. 08235900 Email: [e-mail] FULBRIGHT & JAWORSKI L.L.P. 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201-2784 Telephone: [phone] Facsimile: [phone] COUNSEL FOR PLAINTIFF ANTOR MEDIA CORPORATION

OF COUNSEL S. Calvin Capshaw, III Elizabeth L. DeRieux Andrew W. Spangler BROWN McCARROLL L.L.P. 1127 Judson Road, Suite 220 Longview, TX 75601 Telephone: [phone] Facsimile: [phone] Nicholas H. Patton J. Kurt Truelove PATTON, TIDWELL & SCHROEDER, L.L.P. 4605 Texas Blvd. Texarkana, TX 75503 Telephone: [phone] Facsimile: [phone] T. John Ward, Jr. LAW OFFICE OF T. JOHN WARD, JR., P.C. 109 W. Tyler Longview, TX 75601 Telephone: [phone] Facsimile: [phone]

Otis W. Carroll, Jr. IRELAND CARROLL & KELLEY 6101 S. Broadway, Ste. 500 Tyler, TX 75703 Telephone: [phone] Facsimile: [phone]

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are deemed to have consented to electronic service per Local Rule CV-5(a)(3)(A) on July 2, 2007. /s/ Robert M. Chiaviello, Jr. Robert M. Chiaviello, Jr.

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