PA Advisors, LLC v. Google Inc. et al

Filing 206

RESPONSE to #198 Answer to Amended Complaint, Counterclaim of Defendant Google Inc. by PA Advisors, LLC. (Cooke, Michael)

PA Advisors, LLC v. Google Inc. et al

Doc. 206

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC Plaintiff, v. GOOGLE INC., et al, Defendants. ' ' ' ' ' ' ' ' ' '

CIVIL ACTION NO. 2:07-CV-480 (D) JURY TRIAL DEMANDED

REPLY TO COUNTERCLAIMS OF DEFENDANT GOOGLE INC. Plaintiff PA ADVISORS, LLC ("Plaintiff") responds to the Counterclaims of Defendant GOOGLE INC. ("Defendant") filed September 10, 2008, as follows: COUNTERCLAIMS 1. 2. The allegations in paragraph 1 are admitted upon information and belief. The allegations in paragraph 2 are admitted. JURISDICTION AND VENUE 3. 4. The allegations in paragraph 3 are admitted. The allegations in paragraph 4 are admitted. COUNT 1: Declaratory Judgment of Non-Infringement 5. 6. 7. 8. Plaintiff incorporates paragraphs 1-4 above. The allegations in paragraph 6 are admitted. The allegations in paragraph 7 are admitted. The allegations in paragraph 8 are denied.

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COUNT II: Declaratory Judgment of Invalidity and/or Unenforceability 9. 10. Plaintiff incorporates paragraphs 1-8 above. The allegations in paragraph 10 are denied. EXCEPTIONAL CASE 11. The allegations in paragraph 11 are denied. REQUEST FOR RELIEF Although no answer is required to Defendant's prayer for relief, Plaintiff denies all allegations in subparagraphs 1 through 6 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.

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Dated: September 24, 2008

Respectfully submitted, /s/ Michael T. Cooke Jonathan T. Suder FRIEDMAN SUDER & COOKE Tindall Square Warehouse No. 1 604 East 4th Street, Suite 200 Fort Worth, TX 76102 Ph. 817-334-0400 Fax: [phone]
E-mail: [e-mail] E-mail: [e-mail]

Andrew Wesley Spangler SPANGLER LAW P.C. 208 N. Green St, Suite 300 Longview, TX 75601 Ph. 903-753-9300 Fax: [phone]
E-mail: [e-mail]

David Michael Pridham LAW OFFICE OF DAVID PRIDHAM 25 Linden Road Barrington, RI 02806 Ph. 401-633-7247 Fax: [phone]
E-mail: [e-mail]

Joseph Diamante JENNER & BLOCK LLP 919 Third Avenue, 37th Floor New York, New York 10022-3908 Telephone: [phone] Facsimile: [phone] 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: [e-mail]

ATTORNEYS FOR PLAINTIFF PA ADVISORS, LLC 3

CERTIFICATE OF SERVICE I hereby certify that on the 24th 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

k:\pa advisors-161703\google-02\pleadings\cc reply - google.doc

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