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

Filing 53

ANSWER to 52 Answer to Complaint, Counterclaim (Plaintiff Paid Search Engine Tools, LLC's Reply to Microsoft Corporation's Amended Counterclaims filed on December 17, 2008) by Paid Search Engine Tools, LLC.(DeRieux, Elizabeth)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ____________________________________ PAID SEARCH ENGINE TOOLS, LLC Plaintiff, vs. GOOGLE, INC. and MICROSOFT COPRORIATION, Defendant. ____________________________________ MICROSOFT CORPORATION, ) ) ) ) ) ) ) ) ) ) Case No. 2:08-cv-061

) ) ) Counterclaim-Plaintiff, ) ) v. ) ) PAID SEARCH ENGINE TOOLS, LLC, ) ) Counterclaim-Defendant. ) ____________________________________) PLAINTIFF, PAID SEARCH ENGINE TOOLS, LLC'S, REPLY TO MICROSOFT CORP.'S AMENDED COUNTERCLAIMS FILED 12/17/2008 Plaintiff Paid Search Engines Tools, LLC (" PSET"), by and through its counsel, herein replies to the numbered paragraphs of Defendant Microsoft Corporation's ("Microsoft") Amended Counterclaims filed 12/17/2008 ("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 or unenforceable. 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. COUNT III 13. 1-12 herein. 14. PSET repeats and incorporates by reference its replies set forth in Paragraphs PSET denies the allegations of Paragraph 14 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 Amended 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

Amended Counterclaims; and, D. For such other and further relief as the Court deems just and proper. Respectfully submitted, Dated: December 29, 2008 /s/ Elizabeth L. DeRieux S. Calvin Capshaw State Bar No. 0378390 Elizabeth L. DeRieux State Bar No. 24053063 CAPSHAW DeRIEUX, L.L.P. 1127 Judson Road, Suite 200 P.O. Box 3999 75606-3999 Longview, Texas 75601-5157 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] -3-

J. Robert Chambers P. Andrew Blatt John Paul Davis Brett A. Schatz WOOD, HERRON & EVANS, L.L.P. 2700 Carew Tower 441 Vine Street Cincinnati, OH 45202-2917 [phone] (Telephone) [phone] (Facsimile) E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] ATTORNEYS FOR PLAINTIFF PAID SEARCH ENGINE TOOLS, LLC OF COUNSEL: Gregory M. Utter [e-mail] W. Jeffrey Sefton [e-mail] KEATING MUETHING & KLEKAMP PLL One East Fourth St. Suite 1400 Cincinnati, OH 45202 Telephone: [phone] Facsimile: [phone]

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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing PLAINTIFF, PAID SEARCH ENGINE TOOLS, LLC'S, REPLY TO MICROSOFT CORP.'S AMENDED COUNTERCLAIMS FILED 12/17/2008 was served via the court's electronic filing system to all counsel of record this 29th day of December, 2008. /s/ Elizabeth L. DeRieux

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