Antor Media Corporation v. Metacafe, Inc.

Filing 142

Antor's ANSWER to Counterclaim of MetaCafe by Antor Media Corporation, Antor Media Corporation.(Chiaviello, Robert)

Antor Media Corporation v. Metacafe, Inc.

Doc. 142

Case 2:07-cv-00102-DF

Document 142

Filed 08/27/2007

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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 METACAFE, INC. Plaintiff-Counterdefendant, Antor Media Corporation ("Antor"), replies to Defendant Metacafe, Inc. ("Metacafe") as follows: COUNTERCLAIMS Jurisdiction 51. Antor admits this Court has subject matter jurisdiction over Metacafe's

counterclaims pursuant to 28 U.S.C. §§ 1331, 1338, 2201, and 2202. 52. 53. Antor admits that it has consented to personal jurisdiction of this Court. Antor admits that venue is proper in the Eastern District of Texas. Parties 54. Antor admits that Metacafe is a corporation organized and existing under the laws

of the State of Delaware with its principal place of business in Palo Alto, California. Any other averments not admitted are denied. 55. Antor admits that it alleges that it is a corporation organized under the laws of

Texas, with its principal place of business in Plano, Texas.

Dockets.Justia.com

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First Counterclaim (Declaratory Judgment of Non-Infringement of the `961 Patent) 56. Antor admits that Metacafe incorporates by reference the allegations contained in

paragraphs 1-55 of Metacafe Inc.'s Answer, Affirmative Defenses and Counterclaims to Plaintiff Antor Media Corporation's Second Amended Complaint for Patent Infringement ("Metacafe's Answer") as if fully set forth therein. 57. 58. 59. 60. 61. Admitted. Admitted. Denied. Denied. Denied. Second Counterclaim (Declaratory Judgment of Invalidity of the `961 Patent) 62. Antor admits that Metacafe incorporates by reference the allegations contained in

paragraphs 1-61 of Metacafe's Answer as if fully set forth therein. 63. 64. 65. 66. Admitted. Denied. Denied Denied. Third Counterclaim (Declaratory Judgment of Unenforceability of the `961 Patent) 67. Antor admits that Metacafe incorporates by reference the allegations contained in

paragraphs 1-66 of Metacafe's Answer as if fully set forth therein. 68. 69. Admitted. Denied.

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70.

Denied.

PRAYER FOR RELIEF WHEREFORE, Antor prays for judgment and requests that this Court: (a) (b) (c) (d) Dismiss Metacafe'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 27th day of August, 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 August 27, 2007. /s/ Robert M. Chiaviello, Jr. Robert M. Chiaviello, Jr.

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