PA Advisors, LLC v. Google Inc. et al

Filing 207

RESPONSE to #200 Answer to Complaint, Counterclaim of Defendant Yahoo! Inc. by PA Advisors, LLC. (Cooke, Michael)

PA Advisors, LLC v. Google Inc. et al

Doc. 207

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 YAHOO! INC. Plaintiff PA ADVISORS, LLC ("Plaintiff") responds to the Counterclaims of Defendant YAHOO! INC. ("Defendant") filed September 12, 2008, as follows: YAHOO'S COUNTERCLAIMS AGAINST PAA 1. 2. 3. 4. 5. 6. The allegations in paragraph 1 are admitted upon information and belief. The allegations in paragraph 2 are admitted. The allegations in paragraph 3 are admitted. The allegations in paragraph 4 are admitted. The allegations in paragraph 5 are admitted. The allegations in paragraph 6 are admitted.

COUNTERCLAIM NO. 1 DECLARATION OF NON-INFRINGEMENT OF U.S. PATENT NO. 6,199,067 7. 8. Plaintiff incorporates paragraphs 1-6 above. Plaintiff admits that Defendant purports to bring a counterclaim in the form of an

action for declaratory judgment of non-infringement, but denies that Defendant's counterclaims have any factual or legal basis.

1
Dockets.Justia.com

COUNTERCLAIM NO. 2 DECLARATION OF INVALIDITY OF U.S. PATENT NO. 6,199,067 9. 10. Plaintiff incorporates paragraphs 1-8 above. Plaintiff admits that Defendant purports to bring a counterclaim in the form of an

action for declaratory judgment of invalidity, but denies that Defendant's counterclaims have any factual or legal basis. COUNTERCLAIM NO. 3 DECLARATION OF UNENFORCEABILITY OF U.S. PATENT NO. 6,199,067 11. 12. 13. 14. 15. paragraph 15. 16. Plaintiff admits that the International Search Report is dated April 12, 2000. Plaintiff incorporates paragraphs 1-10 above. The allegations in paragraph 12 are admitted. The allegations in paragraph 13 are admitted. The allegations in paragraph 14 are admitted. Plaintiff is without sufficient information to admit or deny the allegations in

Except as otherwise admitted, the allegations in paragraph 16 are denied. 17. Plaintiff admits that the International Search Report was filed by an examiner in

connection with PCT patent application PCT/US00/01373. Except as otherwise admitted, the allegations in paragraph 17 are denied. 18. 19. The allegations in paragraph 18 are denied. The allegations in paragraph 19 are denied.

2

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. 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]

3

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 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 - yahoo.doc

4