Polaris IP, LLC v. Google Inc. et al

Filing 144

RESPONSE to 141 Answer to Amended Complaint, Counterclaim Plaintiff's Reply to the Counterclaims of Yahoo! Inc. by Polaris IP, LLC. (Cooke, Michael)

Polaris IP, LLC v. Google Inc. et al

Doc. 144

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC F/K/A POLARIS IP, LLC, v. GOOGLE, INC., et al § § § § § §

Civil Action No. 2:07-CV-371- CE

PLAINTIFF'S REPLY TO THE COUNTERCLAIMS OF YAHOO! INC. Plaintiff responds to the counterclaims of Yahoo! Inc. filed on August 20, 2008, as follows: COUNTERCLAIM NO. 1 DECLARATION OF NON-INFRINGEMENT OF U.S. PATENT NO. 6,411,947 1-2. Admitted. 3-4. 5-6. Admitted, except denied as to merits of counterclaims. Admitted. 7. 8. Plaintiff's replies to paragraphs 1-6 are incorporated by reference. Plaintiff admits that Defendant purports to bring a counterclaim in the form of an

action for declaratory judgment of non-infringement. Plaintiff denies, however, that Defendant's counterclaim has any factual or legal basis. COUNTERCLAIM NO. 2 DECLARATION OF INVALIDITY OF U.S. PATENT NO. 6,411,947 9. 10. Plaintiff's replies to paragraphs 1-8 are incorporated by reference. Plaintiff admits that Defendant purports to bring counterclaim in the form of an Plaintiff denies, however, that Defendant's

action for declaratory judgment of invalidity. counterclaim has any factual or legal basis.

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COUNTERCLAIM NO. 3 DECLARATION OF UNENFORCEABILITY OF U.S. PATENT NO. 6,411,947 11. 12. Plaintiff's replies to paragraphs 1-10 are incorporated by reference. Plaintiff presently lacks knowledge or information sufficient to form a belief

about the truth of the allegations in paragraph number 12. 13. Plaintiff presently lacks knowledge or information sufficient to form a belief

about the truth of the allegations in paragraph number 13. 14. 15. 16. 17. The allegations in paragraph number 14 are denied. The allegations in paragraph number 15 are denied. The allegations in paragraph number 16 are denied. The allegations in paragraph number 17 are denied.

COUNTERCLAIM NO. 4 DECLARATION OF UNENFORCEABILITY OF U.S. PATENT NO. 6,411,947 18. 19. The allegations in paragraph number 18 are admitted. Plaintiff admits that a number of reference were cited to the USPTO by the

applicants and/or their attorneys during the prosecution of the '074 Application and in November 25, 1997 Information Disclosure Statement. Plaintiff denies the remaining allegations of paragraph number 19. 20. 21. 22. 23. The allegations in paragraph number 20 are denied. The allegations in paragraph number 21 are denied. The allegations in paragraph number 22 are denied. The allegations in paragraph number 23 are denied.

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REQUEST FOR RELIEF Although no answer is required to Defendant's prayer for relief, Plaintiff denies all allegations in subparagraphs (a) through (h) and further denies that any relief should be granted to Defendant whatsoever. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury on all matters raised by Defendant's counterclaims and by Plaintiff in its Original Complaint (and any supplements or amendments thereto), for which trial by jury is appropriate. Respectfully submitted, /s/ Michael T. Cooke Jonathan T. Suder Karolyne Hu Cheng FRIEDMAN SUDER & COOKE 604 East 4th Street, Suite 200 Fort Worth, Texas 76102 Telephone: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Patrick Rolf Anderson PATRICK R. ANDERSON PLLC 4225 Miller Rd., Bldg. B-9, Suite 358 Flint, MI 48507 Ph. 517-303-4806 Fax [phone] [e-mail] John J. Edmonds Texas State Bar No. 00789758 THE EDMONDS LAW FIRM, PC 709 Sabine St., Houston, TX 77007 431 N. Center St., Longview, TX 75606 Ph. 713-858.3320 Fax: [phone] [e-mail]

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Daniel Francisco Perez THE PEREZ LAW FIRM 6131 Park Lane Dallas, TX 75225 Ph. [phone] Fax: [phone] [e-mail] David Michael Pridham LAW OFFICE OF DAVID PRIDHAM 25 Linden Road Barrington, RI 02806 Ph. 401-633-7247 Fax: [phone] Cell [phone] [e-mail] Andrew Wesley Spangler SPANGLER LAW P.C. 208 N. Green St, Suite 300 Longview, Texas 75601 Ph. 903-753-9300 Fax: [phone] Cell: 903-237-8388 [e-mail] ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE I hereby certify that on the 8th day of September, 2008, I electronically filed the foregoing document with the clerk of the court for the U.S. District Court, Eastern District of Texas, Marshall Division, using the electronic case filing system of the court. The electronic case filing system sent a "Notice of Electronic Filing" to the attorneys of record who have consented in writing to accept this Notice as service of this document by electronic means. /s/ Michael T. Cooke

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