Antor Media Corporation v. Metacafe, Inc.

Filing 95

ANSWER to Counterclaim of GoTuIt Media Corp. by Antor Media Corporation, Antor Media Corporation.(Chiaviello, Robert)

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Antor Media Corporation v. Metacafe, Inc. Doc. 95 Case 2:07-cv-00102-DF Document 95 Filed 06/27/2007 Page 1 of 5 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 GOTUIT MEDIA CORPORATION Plaintiff-Counterdefendant, Antor Media Corporation ("Antor"), replies to Defendant GoTuIt Media Corporation ("Gotuit") as follows: COUNTERCLAIMS THE PARTIES 34. Antor admits that Gotuit is a Delaware Corporation with its principal place of business at 15 Constitution Way, Woburn, MA 01801. 35. Plano, Texas. JURISDICTION AND VENUE 36. Antor admits that Gotuit's counterclaims arise under 35 U.S.C. 100, et seq., and Antor admits that it is a Texas Corporation with its principal place of business in 28 U.S.C. 2201 and 2202. Antor admits this Court has subject matter jurisdiction. 37. Antor admits that venue is proper in this Judicial District. FIRST COUNTERCLAIM (Noninfringement of the `961 Patent) 38. Antor admits that Gotuit repeats, reiterates and realleges each and every allegation Dockets.Justia.com Case 2:07-cv-00102-DF Document 95 Filed 06/27/2007 Page 2 of 5 in paragraphs 34 through 37 of its Answer and Counterclaims to the Second Amended Complaint (Gotuit's Answer) as if fully set forth therein. Each allegation not expressly admitted to herein is denied. 39. Antor admits there is an actual controversy between Gotuit and Antor concerning the infringement of the `961 Patent. 40. 41. 42. `961 Patent. SECOND COUNTERCLAIM (Invalidity of the `961 Patent) 43. Antor admits that Gotuit repeats, reiterates and realleges each and every allegation Denied. Denied. Antor admits that Gotuit requests a judgment that Gotuit does not infringe the in paragraphs 34 through 42 of Gotuit's Answer as if fully set forth therein. Each allegation not expressly admitted to is denied. 44. Antor admits there is an actual controversy between Gotuit and Antor concerning the infringement of the `961 Patent. 45. 46. invalid. 47. Denied. JURY DEMAND Antor admits that Gotuit requests a trial by a jury. PRAYER FOR RELIEF WHEREFORE, Antor prays for judgment and requests that this Court: Denied. Antor admits that Gotuit requests a judgment declaring that the `961 Patent is 25791323.1 -2- Case 2:07-cv-00102-DF Document 95 Filed 06/27/2007 Page 3 of 5 (a) (b) (c) (d) Dismiss Gotuit'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. 25791323.1 -3- Case 2:07-cv-00102-DF Document 95 Filed 06/27/2007 Page 4 of 5 Respectfully submitted this 27th day of June, 2007. /s/ Robert M. Chiaviello, Jr. Robert M. Chiaviello, Jr., Attorney-in-Charge Texas Bar No. 04190720 Email: bobc@fulbright.com Brett C. Govett Texas Bar No. 08235900 Email: bgovett@fulbright.com FULBRIGHT & JAWORSKI L.L.P. 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201-2784 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 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: (903) 236-9800 Facsimile: (903) 236-8787 Nicholas H. Patton J. Kurt Truelove PATTON, TIDWELL & SCHROEDER, L.L.P. 4605 Texas Blvd. Texarkana, TX 75503 Telephone: (903) 792-7080 Facsimile: (903) 792-8233 T. John Ward, Jr. LAW OFFICE OF T. JOHN WARD, JR., P.C. 109 W. Tyler Longview, TX 75601 Telephone: (903) 757-6400 Facsimile: (903) 757-2323 Otis W. Carroll, Jr. IRELAND CARROLL & KELLEY 6101 S. Broadway, Ste. 500 Tyler, TX 75703 Telephone: (903) 561-1600 Facsimile: (903) 581-1071 25791323.1 -4- Case 2:07-cv-00102-DF Document 95 Filed 06/27/2007 Page 5 of 5 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 27, 2007. /s/ Robert M. Chiaviello, Jr. Robert M. Chiaviello, Jr. 25791323.1 -5-

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