PA Advisors, LLC v. Google Inc. et al

Filing 69

RESPONSE to #34 Answer to Complaint, Counterclaim of Specific Media, Inc. by PA Advisors, LLC. (LaValle, Amy)

PA Advisors, LLC v. Google Inc. et al

Doc. 69

Case 2:07-cv-00480-TJW

Document 69

Filed 01/14/2008

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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 SPECIFIC MEDIA, INC.'S COUNTERCLAIMS Plaintiff PA Advisors, LLC ("PA Advisors") replies to the counterclaims of Defendant Specific Media, Inc. ("Specific Media") by corresponding paragraph number as follows: 1. 2. 3. 4. 5. Admitted. Admitted. Admitted. Admitted. Admitted that by its counterclaims, Specific Media seeks a declaration of patent

non-infringement and patent invalidity pursuant to 35 U.S.C. § 100 et seq., and 28 U.S.C. §§ 2201 and 2202, and admitted that an actual controversy exists between Specific Media and PA Advisors. Denied that Specific Media is entitled to any such relief and denied as to the merits of Specific Media's allegations with respect to its non-infringement and the invalidity of the claims of the '067 patent. Admitted that this Court has subject matter jurisdiction over Specific Media's counterclaims. 6. Admitted.

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Dockets.Justia.com

Case 2:07-cv-00480-TJW

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7.

Paragraph 7 purports to incorporate by reference the allegations in paragraphs 1-6

of Specific 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 1-6 above. 8. 9. 10. Admitted. Denied. Admitted that Specific Media seeks a declaration that it does not infringe any

valid claim of the '067 patent. Denied that Specific Media is entitled to any such relief and denied as to the merits of Specific Media's allegations with respect to its non-infringement of the claims of the '067 patent. 11. Paragraph 11 purports to incorporate by reference the allegations in paragraphs 1-

10 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 1-10 above. 12. 13. 14. Admitted. Denied. Admitted that Specific Media seeks a declaration that one or more claims of the

'067 patent are invalid. Denied that Specific Media is entitled to any such relief and denied as to the merits of Specific Media's allegations with respect to the invalidity of the claims of the '067 patent. To the extent necessary, Plaintiff denies that Specific 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

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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 Specific Media's counterclaims, and that the Court enter judgment in favor of Plaintiff as requested in Plaintiff's complaint, as amended or supplemented.

Dated: January 14, 2008

Respectfully submitted, PA ADVISORS, LLC By: /s/ David M. Pridham 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 IP NAVIGATION GROUP, LLC 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]

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Case 2:07-cv-00480-TJW

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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

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: January 14, 2008

/s/ Amy E. LaValle

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