Paid Search Engine Tools, LLC v. Google, Inc. et al

Filing 13

ANSWER to Counterclaim (Plaintiff, Paid Search Engine Tools, LLC's Reply to Microsoft Corp.'s Counterclaims) by Paid Search Engine Tools, LLC.(DeRieux, Elizabeth)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ____________________________________ § § § Plaintiff, § v. § § § GOOGLE, INC. and § MICROSOFT COPRORIATION, § § Defendant. § ____________________________________§ § MICROSOFT CORPORATION, § § Counterclaim-Plaintiff, § § v. § § PAID SEARCH ENGINE TOOLS, LLC, § § Counterclaim-Defendant. § ____________________________________§ PAID SEARCH ENGINE TOOLS, LLC

Case No.2:08-cv-061 (DF/CE)

PLAINTIFF, PAID SEARCH ENGINE TOOLS, LLC'S, REPLY TO MICROSOFT CORP.'S COUNTERCLAIMS Plaintiff Paid Search Engines Tools, LLC (" PSET"), by and through its counsel, herein replies to the numbered paragraphs of Defendant Microsoft Corporation's ("Microsoft") Counterclaims ("Counterclaims"):

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NATURE OF THIS ACTION 1. PSET admits that Microsoft has brought an action for declaratory judgment

under the Declaratory Judgment Act, 28 U.S.C. §§2201-2202, and that such action arises under the Patent Laws of the United States, Title 35, United States Code. However, PSET denies that the claims of U.S. Patent No. 7,043,450 are either invalid or not infringed. PARTIES 2. 3. PSET admits the allegations of Paragraph 2 of the Counterclaims. PSET admits the allegations of Paragraph 3 of the Counterclaims. JURISDICTION AND VENUE 4. 5. 6. PSET admits the allegations of Paragraph 4 of the Counterclaims. PSET admits the allegations of Paragraph 5 of the Counterclaims. PSET admits the allegations of Paragraph 6 of the Counterclaims. FACTUAL BACKGROUND 7. 8. PSET admits the allegations of Paragraph 7 of the Counterclaims. PSET admits the allegations of Paragraph 8 of the Counterclaims. COUNT I 9. PSET repeats and incorporates by reference its replies set forth in

Paragraphs1-8 herein. 10. PSET denies the allegations of Paragraph 10 of the Counterclaims.

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COUNT II 11. 1-10 herein. 12. PSET denies the allegations of Paragraph 12 of the Counterclaims. PSET repeats and incorporates by reference its replies set forth in Paragraphs

WHEREFORE, PSET prays for and demands the following relief: A. That Microsoft's Counterclaims be dismissed with prejudice and that

judgment be entered for PSET; B. C. That Microsoft take nothing by its Counterclaims; PSET be awarded its costs and attorneys fees in defending against Microsoft's

Counterclaims; and, D. For such other and further relief as the Court deems just and proper. Respectfully submitted, By: __/s/ Elizabeth L. DeRieux______ S. Calvin Capshaw State Bar No. 03783900 Email: [e-mail] Elizabeth L. DeRieux State Bar No. 05770585 Email: [e-mail] Capshaw DeRieux, LLP 1127 Judson Road, Suite 220 Longview, TX 75601 Telephone: [phone] Facsimile: [phone]

Dated: May 19, 2008

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OF COUNSEL: J. Robert Chambers, Esq. E-mail: [e-mail] P. Andrew Blatt, Esq E-mail: [e-mail] John Paul Davis, Esq. E-mail: [e-mail] Brett A. Schatz, Esq. E-mail: [e-mail] WOOD, HERRON & EVANS, L.L.P. 2700 Carew Tower 441 Vine Street Cincinnati, Ohio 45202-2917 Telephone: [phone] Facsimile: [phone] Gregory M. Utter, Esq. E-mail: [e-mail] W. Jeffrey Sefton, Esq. E-mail: [e-mail] KEATING, MUETHING & KLEKAMP, PLL One East Fourth Street Suite 1400 Cincinnati, OH 45202 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFF, PAID SEARCH ENGINE TOOLS, LLC CERTIFICATE OF SERVICE I hereby certify that counsel of record who are deemed to have consented to electronic service are being served this 19th day of May, 2008, 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. /s/ Elizabeth L. DeRieux Elizabeth L. DeRieux

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