Antor Media Corporation v. Metacafe, Inc.

Filing 88

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

Antor Media Corporation v. Metacafe, Inc.

Doc. 88

Case 2:07-cv-00102-DF

Document 88

Filed 06/22/2007

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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 MLB ADVANCED MEDIA, L.P. Plaintiff-Counterdefendant, Antor Media Corporation ("Antor"), replies to Defendant MLB Advanced Media, L.P. ("MLB Advanced Media") as follows: COUNTERCLAIMS The Parties 50. Antor admits that MLB Advanced Media is a limited partnership having a

principal place of business at 75 9th Ave., 5th fl. New York, NY 10011. 51. Antor admits that it is a corporation organized and existing under the laws of the

State of Texas, having a principal place of business located in Plano, Texas. Jurisdiction 52. Antor admits that MLB Advanced Media's counterclaims arise under Title 35 of

the United States Code. Antor admits this Court has subject matter jurisdiction over MLB Advanced Media's counterclaims pursuant to 28 U.S.C. §§ 1331, 1338, 2201, and 2202. 53. Antor admits that it has consented to personal jurisdiction of this Court. Venue 54. Antor admits that venue is proper in the Eastern District of Texas.

Dockets.Justia.com

Case 2:07-cv-00102-DF

Document 88

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First Counterclaim (Declaratory Judgment of Noninfringment) 55. Antor admits that MLB Advanced Media repeats and incorporates by reference

the allegations contained in paragraphs 1-54 of MLB Advanced Media, LP's Answer, Affirmative Defenses and Counterclaims to Antor's Second Amended Complaint for Patent Infringement ("MLB Advanced Media's Answer") as if fully set forth therein. Any allegations not explicitly admitted herein are denied. 56. Antor admits that it alleged that MLB Advanced media has infringed and

continues to infringe the `961 Patent. 57. Antor admits that an actual controversy exists between MLB Advanced Media

and Antor regarding the infringement of the `961 Patent. Any allegations not explicitly admitted herein are denied. 58. 59. Antor denies all allegations in Paragraph 58 of MLB Advanced Media's Answer. Antor denies all allegations in Paragraph 59 of MLB Advanced Media's Answer. Second Counterclaim (Declaratory Judgment of Invalidity) 60. Antor admits that MLB Advanced Media repeats and incorporates by reference

the allegations contained in paragraphs 1-59 of MLB Advanced Media's Answer as if fully set forth therein. Any allegations not explicitly admitted herein are denied. 61. Antor admits that an actual controversy exists between MLB Advanced Media

and Antor concerning the validity of the `961 Patent. Any allegations not explicitly admitted herein are denied. 62. 63. Antor denies all allegations in Paragraph 62 of MLB Advanced Media's Answer. Antor denies all allegations in Paragraph 63 of MLB Advanced Media's Answer.

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Case 2:07-cv-00102-DF

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Third Counterclaim (Declaratory Judgment of Unenforceability) 64. Antor admits that MLB Advanced Media repeats and incorporates by reference

the allegations contained in paragraphs 1-63 of MLB Advanced Media's Answer as if fully set forth therein. Any allegations not explicitly admitted herein are denied. 65. Antor admits that an actual controversy exists between MLB Advanced Media

and Antor concerning the enforceability of the `961 Patent. Any allegations not explicitly admitted herein are denied. 66. 67. Antor denies all allegations in Paragraph 66 of MLB Advanced Media's Answer. Antor denies all allegations in Paragraph 67 of MLB Advanced Media's Answer. JURY DEMAND Antor admits that MLB Advanced Media demands a trial by a jury. PRAYER FOR RELIEF WHEREFORE, Antor prays for judgment and requests that this Court: (a) (b) (c) (d) Dismiss MLB Advanced Media'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 22nd day of June, 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 June 22, 2007. /s/ Robert M. Chiaviello, Jr. Robert M. Chiaviello, Jr.

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