PA Advisors, LLC v. Google Inc. et al

Filing 102

RESPONSE to #77 Answer to Amended Complaint, Counterclaim by 24/7 Real Media, Inc. by PA Advisors, LLC. (LaValle, Amy)

PA Advisors, LLC v. Google Inc. et al

Doc. 102

Case 2:07-cv-00480-TJW

Document 102

Filed 02/12/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC Plaintiff, No. 2:07-cv-480-TJW v. JURY TRIAL DEMANDED GOOGLE INC., ET AL. Defendants. PLAINTIFF'S REPLY TO DEFENDANT 24/7 REAL MEDIA, INC.'S COUNTERCLAIMS Plaintiff PA Advisors, LLC ("PA Advisors") replies to the counterclaims of Defendant 24/7 Real Media, Inc. ("24/7 Real Media") by corresponding paragraph number as follows: 47. 48. 49. Admitted. Admitted. Admitted that PA Advisors alleges in its First Amended Complaint that it is the

owner by assignment of the '067 patent. 50. Admitted that this Court has subject matter jurisdiction over 24/7 Real Media's Denied as to the merits of 24/7 Real Media's

counterclaims and that venue is proper. counterclaims. 51.

Admitted that a justiciable actual controversy exists between 24/7 Real Media and

PA Advisors with respect to the alleged infringement and validity of the '067 patent. Denied as to the merits of 24/7 Real Media's counterclaims. 52. Paragraph 52 purports to incorporate by reference the allegations in paragraphs

47-51 of 24/7 Real Media's counterclaims and is, therefore, improper and incapable of being

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Case 2:07-cv-00480-TJW

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admitted or denied.

Subject to the foregoing, PA Advisors incorporates its responses to

paragraphs 47-51 above. 53. 54. Denied. Paragraph 54 purports to incorporate by reference the allegations in paragraphs

47-53 of 24/7 Real Media's counterclaims and is, therefore, improper and incapable of being admitted or denied. Subject to the foregoing, PA Advisors incorporates its responses to

paragraphs 47-53 above. 55. 56. Denied. Denied that 27/7 Real Media is entitled to its attorneys' fees or any other relief

relating to its counterclaims because this is an exceptional case within the meaning of 35 U.S.C. § 285. To the extent necessary, Plaintiff denies that 24/7 Real Media is entitled to the relief requested in its prayer for relief. In addition, to the extent necessary, Plaintiff denies any allegation in the counterclaims not specifically admitted above, and Plaintiff re-alleges infringement, enforceability, validity and its damages, and denies any allegations in the counterclaims adverse to same. Plaintiff admits that 24/7 Real Media has demanded a trial by jury of any issues triable of right by jury in this action. PRAYER FOR RELIEF PA Advisors respectfully requests that this Court enter judgment denying and dismissing 24/7 Real Media's counterclaims, and that the Court enter judgment in favor of Plaintiff as requested in Plaintiff's complaint, as amended or supplemented.

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Dated: February 12, 2008

Respectfully submitted, PA ADVISORS, LLC By: /s/ Amy E. LaValle Eric M. Albritton Texas State Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2659 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] David M. Pridham R.I. State Bar No. 6625 207 C North Washington Avenue Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Amy E. LaValle Texas State Bar No. 24040529 THE LAVALLE LAW FIRM 3811 Turtle Creek Boulevard Suite 1620 Dallas, Texas 75219 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Of Counsel: Joseph Diamante JENNER & BLOCK LLP 919 Third Avenue, 37th Floor New York, New York 10022-3908 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] ATTORNEYS FOR PLAINTIFF PA ADVISORS, LLC

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CERTIFICATE OF SERVICE I hereby certify that the counsel of record who are deemed to have consented to electronic service are being served today with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by electronic mail, facsimile transmission and/or first class mail on this same date.

Dated: February 12, 2008

/s/ Amy E. LaValle

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