API Technologies, LLC v. Facebook, Inc. et al

Filing 109

ANSWER to 102 Answer to Complaint, Counterclaim by Google Inc. and Android, Inc. by API Technologies, LLC.(Bustamante, John)

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API Technologies, LLC v. Facebook, Inc. et al Doc. 109 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION API TECHNOLOGIES, LLC, Plaintiff, v. FACEBOOK, INC., et al, Defendants. § § § § § § § § § § Civil Action No. 2:09-CV-147 JURY TRIAL DEMANDED API TECHNOLOGIES, LLC'S ANSWER TO DEFENDANTS GOOGLE, INC. AND ANDROID, INC.'S COUNTERCLAIMS Plaintiff API Technologies, LLC answers Defendants Google, Inc and Android, Inc.'s (collectively, "Google/Android") Counterclaims, filed on August 21, 2009, as follows: PARTIES, JURISDICTION, AND VENUE 1. 2. 3. Admitted. Admitted. API admits that it is a Texas Limited Liability Company with its principal place of business at 207C N. Washington Street, Marshall, Texas. 4. API admits that it is the owner by assignment of United States Patent No. 6,859,699 ("the '699 Patent") and holds all rights and interests in the patent. 5. API admits that Google/Android purports to seek Declaratory Relief under 28 U.S.C. §§ 1338, 2201 and 2202, but denies that Google/Android is entitled to such a Dockets.Justia.com judgment or any further relief. Further, API admits that venue for Google/Android's Counterclaims is appropriate under 28 U.S.C. §§ 1391(b) & (c) and 1400(b). Except as so admitted, the remaining allegations in paragraph 5 are denied. 6. 7. Admitted. Admitted. FIRST COUNTERCLAIM (Declaratory Judgment of Noninfringement) 8. API incorporates by reference paragraphs 1 through 7 of this Answer as if fully set forth herein in response to the allegations of paragraph 8 of Google/Android's Counterclaims. 9. 10. 11. Admitted. Denied. Denied. SECOND COUNTERCLAIM (Declaratory Judgment of Invalidity) 12. API incorporates by reference paragraphs 1 through 11 of this Answer as if fully set forth herein in response to the allegations of paragraph 12 of Google/Android's Counterclaims. 13. 14. Admitted. Denied. 2 15. Denied JURY DEMAND Google/Android's Jury Demand is an averment to which no responsive pleading is required pursuant to Federal Rule of Civil Procedure 8(d). PRAYER FOR RELIEF Google/Android's Prayer for Relief is an averment to which no responsive pleading is required pursuant to Federal Rule of Civil Procedure 8(d) and is therefore denied. 3 Dated: September 14, 2009 Respectfully submitted, BUSTAMANTE, P.C. By: \s\ John M. Bustamante John M. Bustamante Texas Bar No. 24040618 BUSTAMANTE, P.C. 54 Rainey Street, No. 721 Austin, Texas 78701 Tel. 512.940.3753 Fax. 512.551.3773 jmb@BustamanteLegal.com Andrew W. Spangler Spangler Law P.C. 208 N. Green Street, Suite 300 Longview, Texas 75601 (903) 753-9300 (903) 553-0403 (fax) spangler@spanglerlawpc.com Marc A Fenster mfenster@raklaw.com Andrew D Weiss aweiss@raklaw.com Russ August & Kabat 12424 Wilshire Boulevard 12th Floor Los Angeles, CA 90025 310/826-7474 Fax: 310/826-6991 Tyler Kendall Brochstein Brochstein Law Firm, PLLC 2820 McKinnon St. Ste. 4063 Dallas, TX 75201 713-320-1456 Fax: 208-460-0603 tyler@brochlaw.com Attorneys for Plaintiff API Technologies, LLC CERTIFICATE OF SERVICE I certify that counsel of record who are deemed to have consented to electronic service are being served this 14th day of September, 2009, with a copy of this document via the Court's CM/ECF systems per Local Rule CV-5(a)(3). Any other counsel will be served electronic mail, facsimile, overnight delivery and/or First Class Mail on this date. \s\ John M. Bustamante John M. Bustamante 4

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