Actus, LLC v. Bank of America Corp. et al

Filing 266

RESPONSE to 258 Answer to Amended Complaint, Counterclaim of Defendant Visa, Inc. by Actus, LLC. (Davis, William)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ACTUS, LLC, Plaintiff, v. BANK OF AMERICA CORP., et al. Defendants. PLAINTIFF'S ANSWER TO DEFENDANT VISA, INC.'S COUNTERCLAIMS Plaintiff Actus, LLC ("Actus") hereby responds to each paragraph of Defendant Visa, Inc.'s ("Visa") counterclaims as follows, wherein each and every paragraph is hereby incorporated by reference into each and every answer to each and every Count: COUNTERCLAIMS OF VISA AGAINST ACTUS FACTS 55. 56. 57. Admitted, upon information and belief. Admitted. Actus admits that this counterclaim purports to arise under the Declaratory CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED

Judgment Act and the patent laws of the United States. Actus denies the remainder of the allegations of paragraph 57. 58. The Allegations in paragraph 58 are legal conclusions to which no response is

required; however, to the extent that paragraph 58 contains any factual allegations to which Actus must respond, Actus admits same. 59. Admitted.

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COUNTERCLAIM I (Declaratory Judgment of Non-Infringement of the `189 Patent) 60. Actus restates and incorporates by reference each of its responses to the

allegations in paragraphs 55 ­ 59 of Visa's Counterclaims above, as if fully set forth herein. 61. 62. and Visa. 63. 64. 65. Denied. Denied. Denied. COUNTERCLAIM II (Declaratory Judgment of Non-Infringement of the `099 Patent) 66. Actus restates and incorporates by reference each of its responses to the Admitted. Actus admits that an immediate and justiciable controversy exists between Actus

allegations in paragraphs 55 ­ 59 of Visa's Counterclaims above, as if fully set forth herein. 67. 68. and Visa. 69. 70. 71. Denied. Denied. Denied. COUNTERCLAIM III (Declaratory Judgment of Invalidity of the `189 Patent) Admitted. Actus admits that an immediate and justiciable controversy exists between Actus

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72.

Actus restates and incorporates by reference each of its responses to the

allegations in paragraphs 55 ­ 59 of Visa's Counterclaims above, as if fully set forth herein. 73. and Visa. 74. 75. Denied. Denied. COUNTERCLAIM IV (Declaratory Judgment of Invalidity of the `099 Patent) 76. Actus restates and incorporates by reference each of its responses to the Actus admits that an immediate and justiciable controversy exists between Actus

allegations in paragraphs 55 ­ 59 of Visa's Counterclaims above, as if fully set forth herein. 77. and Visa. 78. 79. Denied. Denied
RESPONSE TO PRAYER FOR RELIEF IN VISA, INC.'S COUNTERCLAIMS

Actus admits that an immediate and justiciable controversy exists between Actus

Actus denies that Visa is entitled to any of the relief requested in its Prayer. PRAYER FOR RELIEF In addition to the relief requested in its Third Amended Complaint, Actus respectfully requests a judgment against Visa as follows: A. B. That Visa take nothing by its Counterclaims; That the Court award Actus all costs and attorneys' fees incurred in defending

against Visa's Counterclaims; and C. Any and all further relief that the Court deems just and proper.
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Dated: March 23, 2010

Respectfully submitted, /s/ William E. Davis, III William E. Davis, III TX State Bar No. 24047416 The Davis Firm, PC 111 W. Tyler St. Longview, TX 75601 Ph: 903-230-9090 Fx: 903-230-0661 [e-mail] Attorney for Actus, LLC CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, the foregoing was served on all counsel of record who have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d), all others not deemed to have consented to electronic service were served with a true and correct copy of the foregoing via email on this 23rd day of March, 2010. /s/ William E. Davis, III William E. Davis, III

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