PA Advisors, LLC v. Google Inc. et al

Filing 331

ANSWER to #312 Answer to Amended Complaint, Counterclaim of Google by PA Advisors, LLC.(Bustamante, John)

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PA Advisors, LLC v. Google Inc. et al Doc. 331 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-DF JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT GOOGLE INC.'S SECOND AMENDED COUNTERCLAIMS Plaintiff PA Advisors, LLC ("PA Advisors") replies to the Counterclaims of Defendant Google Inc. ("Google") in its Second Amended Answer, Affirmative Defenses and Counterclaims to PA Advisors's Second Amended Complaint by corresponding paragraph number as follows: PARTIES 1. 2. Admitted. Denied that PA Advisors, LLC is a "corporation." Otherwise admitted. JURISDICTION AND VENUE 3. 4. Admitted. Admitted. COUNT I: Declaratory Judgment of Non-Infringement 5. Paragraph 5 purports to incorporate by reference the allegations in paragraphs 1 through 22 of Google's Second Amended Answer and Affirmative Dockets.Justia.com Defenses to PA Advisors, LLC's Second Amended Complaint and paragraphs 1 through 4 of its Counterclaims and is, therefore, improper and incapable of being admitted or denied. Subject to the foregoing, PA Advisors incorporates its responses to paragraphs 1 through 4 above and denies the merits of Google's allegations and defenses set forth in its Second Amended Answer and Affirmative Defenses to PA Advisors, LLC's Second Amended Complaint. 6. 7. 8. Admitted. Admitted. Denied. COUNT II: Declaratory Judgment of Invalidity and/or Unenforceability 9. Paragraph 9 purports to incorporate by reference the allegations in paragraphs 1 through 22 of Google's Second Amended Answer and Affirmative Defenses to PA Advisors, LLC's Second Amended Complaint and paragraphs 1 through 8 of its Counterclaims and is, therefore, improper and incapable of being admitted or denied. Subject to the foregoing, PA Advisors incorporates its responses to paragraphs 1 through 8 above and denies the merits of Google's allegations and defenses set forth in its Second Amended Answer and Affirmative Defenses to PA Advisors, LLC's Second Amended Complaint. 10. Denied. COUNT III: Unenforceability 11. 12. 13. Denied. Admitted. Admitted. 2 14. 15. Admitted. PA Advisors is without sufficient information to admit or deny that "[t]he International Search Report and each of the three U.S. Patents cited therein were material to the prosecution of the '067 Patent. PA Advisors admits that U.S. Patent 5,696,963 is entitled System, Method and Computer Program Product for Searching Through an Individual Document and Group of Documents, and was issued to inventor Don Ahn on December 9, 1997. allegations of Paragraph 15 are denied. 16. PA Advisors admits that U.S. Patent No. 5,761,662 is entitled Except as specifically admitted, the remaining Personalized Information Retrieval Using User-Defined Profile, and was issued to inventor Vasanthan S. Dasan on June 2, 1998. Except as specifically admitted, the remaining allegations of Paragraph 16 are denied. 17. PA Advisors admits that U.S. Patent No. 5,778,380 is entitled Intelligent Resource Transformation Engine for Translating Files, and was issued to inventor David M. Seifert on July 7, 1998. Except as specifically admitted, the remaining allegations of Paragraph 17 are denied. 18. PA Advisors admits that the International Search Report is dated April 12, 2000. PA Advisors further admits that Mr. Edward Etkin was an attorney of record prosecuting the '286 application. Except as specifically admitted, the remaining allegations of Paragraph 18 are denied. 19. 20. 21. Denied. Denied. Denied. 3 EXCEPTIONAL CASE 22. Denied. RELIEF REQUESTED 23. To the extent necessary, Plaintiff denies that Google 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. PRAYER FOR RELIEF PA Advisors respectfully requests that this Court enter judgment denying and dismissing Google's counterclaims, and that the Court enter judgment in favor of Plaintiff as requested in Plaintiff's complaint, as amended or supplemented. Dated: December 14, 2009 Respectfully submitted, BUSTAMANTE, P.C. By: \s\ John M. Bustamante John M. Bustamante Texas Bar No. 24040618 BUSTAMANTE, P.C. 54 Rainey Street, No. 721 Austin, Texas 78701 Tel. 512.940.3753 Fax. 512.551.3773 jmb@BustamanteLegal.com 4 Andrew W. Spangler LEAD COUNSEL Spangler Law P.C. 208 N. Green Street, Suite 300 Longview, Texas 75601 (903) 753-9300 (903) 553-0403 (fax) spangler@spanglerlawpc.com David M. Pridham Law Office of David Pridham 25 Linden Road Barrington, Rhode Island 02806 (401) 633-7247 (401) 633-7247 (fax) david@pridhamiplaw.com Patrick R. Anderson Patrick R. Anderson PLLC 4225 Miller Rd, Bldg. B-9, Suite 358 Flint, MI 48507 (810) 275-0751 (248) 928-9239 (fax) patrick@prapllc.com Marc A. Fenster, CA Bar No. 181067 CA Bar No. 181067 mfenster@raklaw.com Andrew Weiss CA Bar No. 232974 aweiss@raklaw.com Adam Hoffman CA Bar No. 218740 ahoffman@raklaw.com RUSS, AUGUST & KABAT 12424 Wilshire Blvd., 12th Floor Los Angeles, CA 90025 (310) 826-7474 (310) 826-6991 (fax) Debera W. Hepburn Texas Bar #24049568 Email: dhepburn@heplaw.com HEPBURN LAW FIRM PLLC P. O. Box 118218 Carrollton, Texas 75011 214/403-4882 888-205-8791 (fax) Elizabeth A. Wiley Texas State Bar No. 00788666 P.O. Box. 303280 Austin, Texas 78703-3280 Telephone: (512) 420.2387 Facsimile: (512) 551.0028 Email: lizwiley@wileyfirmpc.com Kip Glasscock Texas State Bar No. 08011000 Kip Glasscock P.C. 550 Fannin, Suite 1350 Beaumont, TX 77701 Tel: (409) 833-8822 Fax: (409) 838-4666 Email: kipglasscock@hotmail.com Attorneys for Plaintiff PA Advisors, LLC 5 CERTIFICATE OF SERVICE I certify that counsel of record who are deemed to have consented to electronic service are being served this 14th day of December, 2009, with a copy of this document via the Court's CM/ECF systems per Local Rule CV-5(a)(3). \s\ John M. Bustamante John M. Bustamante 6

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