Antor Media Corporation v. Metacafe, Inc.

Filing 143

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

Antor Media Corporation v. Metacafe, Inc.

Doc. 143

Case 2:07-cv-00102-DF

Document 143

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

PLAINTIFF'S REPLY TO COUNTERCLAIMS OF GOOGLE, INC. AND YOUTUBE, INC. Plaintiff-Counterdefendant, Antor Media Corporation ("Antor"), replies to Defendants Google, Inc. ("Google") and Youtube, Inc. ("Youtube"), collectively referred to hereinafter as the "Google Defendants," as follows: COUNTERCLAIMS PARTIES 1. Antor admits that Google is a corporation duly organized and existing under the

laws of the state of Delaware, having a principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043. 2. Antor admits that Youtube is a corporation duly organized and existing under the

laws of the state of Delaware, having a principal place of business at 1000 Cherry Avenue, San Bruno, CA 94066. 3. 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. JURISDICTION AND VENUE 4. Antor admits this Court has subject matter jurisdiction over the Google

Dockets.Justia.com

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Defendants' counterclaims pursuant to 28 U.S.C. §§ 1331, 1338, 2201, and 2202. 5. Antor admits that venue is proper in the Eastern District of Texas. COUNTERCLAIMS 6. Antor admits that it claims to own all rights, title and interest in and to the `961

Patent. All other averments or allegations not admitted are denied. 7. 8. Admitted. Admitted. FIRST COUNTERCLAIM: Declaratory Judgment of Non-Infringement 9. Antor admits that the Google Defendants incorporate the allegations in paragraphs

1 through 58 of its answer and defenses and paragraphs 1 through 8 of its counterclaims as if fully set forth therein. Any averments or allegations not admitted herein are denied. 10. Denied. SECOND COUNTERCLAIM: Declaratory Judgment of Invalidity 11. Antor admits that the Google Defendants incorporate the allegations in paragraphs

1 through 58 of its answer and defenses and paragraphs 1 through 10 of its counterclaims as if fully set forth therein. Any averments or allegations not admitted herein are denied. 12. Denied.

THIRD COUNTERCLAIM: Declaratory Judgment of Unenforceability 13. Antor admits that the Google Defendants incorporate the allegations in paragraphs

1 through 58 of its answer and defenses and paragraphs 1 through 12 of its counterclaims as if fully set forth therein. Any averments or allegations not admitted herein are denied. 14. Denied.

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EXCEPTIONAL CASE 15. Denied. PRAYER FOR RELIEF WHEREFORE, Antor prays for judgment and requests that this Court: (a) (b) (c) (d) Dismiss Google Defendants' 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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