PA Advisors, LLC v. Google Inc. et al

Filing 104

RESPONSE to #86 Answer to Amended Complaint, Counterclaim of ContextWeb, Inc. by PA Advisors, LLC. (LaValle, Amy)

PA Advisors, LLC v. Google Inc. et al

Doc. 104

Case 2:07-cv-00480-TJW

Document 104

Filed 02/14/2008

Page 1 of 4

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 CONTEXTWEB, INC.'S COUNTERCLAIM Plaintiff PA Advisors, LLC ("PA Advisors") replies to the counterclaim of Defendant ContextWeb, Inc. ("ContextWeb") by corresponding paragraph number as follows: 37. Admitted that ContextWeb brings its counterclaim under the Declaratory

Judgment Act. Denied as to the merits of the counterclaim. 38. Admitted that ContextWeb's counterclaim recites a cause of action arising under

the patent laws and is based on a continuing and justiciable case or actual controversy between ContextWeb and PA Advisors. Denied as to the merits of the counterclaim. 39. 40. 41. Admitted. Admitted. Admitted that this Court has subject matter jurisdiction over ContextWeb's

counterclaim. Denied as to the merits of the counterclaim. 42. Admitted that this Court has personal jurisdiction over PA Advisors. Denied as to

the merits of the counterclaim. 43. Admitted that venue is proper in this judicial district. Otherwise denied.

1
Dockets.Justia.com

Case 2:07-cv-00480-TJW

Document 104

Filed 02/14/2008

Page 2 of 4

44.

Paragraph 44 purports to incorporate by reference the allegations in paragraphs 37

through 43 of ContextWeb's counterclaim and is, therefore, improper and incapable of being admitted or denied. Subject to the foregoing, PA Advisors incorporates its responses to

paragraphs 37 through 43 above. 45. Admitted that an actual and justiciable case or controversy exists between

ContextWeb and PA Advisors. Denied as to the merits of the counterclaim. 46. 47. Denied. Denied.

To the extent necessary, Plaintiff denies that ContextWeb is entitled to the relief requested in its prayer for relief. In addition, to the extent necessary, Plaintiff denies any allegation in the counterclaim not specifically admitted above, and Plaintiff re-alleges infringement, enforceability, validity and its damages, and denies any allegations in the counterclaim adverse to same. PRAYER FOR RELIEF PA Advisors respectfully requests that this Court enter judgment denying and dismissing ContextWeb's counterclaim, and that the Court enter judgment in favor of Plaintiff as requested in Plaintiff's complaint, as amended or supplemented.

2

Case 2:07-cv-00480-TJW

Document 104

Filed 02/14/2008

Page 3 of 4

Dated: February 14, 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

3

Case 2:07-cv-00480-TJW

Document 104

Filed 02/14/2008

Page 4 of 4

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 14, 2008

/s/ Amy E. LaValle

4