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

Filing 267

RESPONSE to 262 Answer to Amended Complaint, Counterclaim of Defendant Enable Holdings, 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 ENABLE HOLDINGS, INC.'S COUNTERCLAIMS Plaintiff Actus, LLC ("Actus") hereby responds to each paragraph of Defendant Enable Holdings, Inc.'s ("Enable") counterclaims as follows, wherein each and every paragraph is hereby incorporated by reference into each and every answer to each and every Count: COUNTERCLAIMS 1. 2. Admitted. Admitted. FIRST COUNTERCLAIM DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NO. 7,328,189 3. Actus restates and incorporates by reference each of its responses to the CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED

allegations in paragraphs 1 ­ 2 of Enable's Counterclaims above, as if fully set forth herein. 4. Actus admits that in its complaint, it alleges that Enable infringes the `189 patent.

Actus denies the remainder of the allegations in paragraph 4 of Enable's Counterclaims. 5. Actus admits that an actual and justiciable controversy exists between Actus and

Enable. Actus denies all allegations not expressly admitted.
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SECOND COUNTERCLAIM DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NO. 7,249,099 6. Actus restates and incorporates by reference each of its responses to the

allegations in paragraphs 1 ­ 5 of Enable's Counterclaims above, as if fully set forth herein. 7. Actus admits that in its complaint, it alleges that Enable infringes the `099 patent.

Actus denies the remainder of the allegations in paragraph 7 of Enable's Counterclaims. 8. Actus admits that an actual and justiciable controversy exists between Actus and

Enable. Actus denies all allegations not expressly admitted. THIRD COUNTERCLAIM DECLARATORY JUDGMENT OF INVALIDITY OF U.S. PATENT NO. 7,328, 189 9. Actus restates and incorporates by reference each of its responses to the

allegations in paragraphs 1 ­ 8 of Enable's Counterclaims above, as if fully set forth herein. 10. 11. 12. Actus admits that the claims of the `189 patent are valid. Denied. Actus admits that an actual and justiciable controversy exists between Actus and

Enable. Actus denies all allegations not expressly admitted. FOURTH COUNTERCLAIM DECLARATORY JUDGMENT OF INVALIDITY OF U.S. PATENT NO. 7,249,099 13. Actus restates and incorporates by reference each of its responses to the

allegations in paragraphs 1 ­ 12 of Enable's Counterclaims above, as if fully set forth herein. 14. 15. Actus admits that the claims of the `099 patent are valid. Denied.
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16.

Actus admits that an actual and justiciable controversy exists between Actus and

Enable. Actus denies all allegations not expressly admitted.

RESPONSE TO PRAYER FOR RELIEF IN ENABLE HOLDINGS, INC.'S COUNTERCLAIMS

Actus denies that Enable 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 Enable as follows: A. B. That Enable take nothing by its Counterclaims; That the Court award Actus all costs and attorneys' fees incurred in defending

against Enable's Counterclaims; and C. Any and all further relief that the Court deems just and proper. 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

Dated: March 23, 2010

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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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