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

Filing 92

ANSWER to 70 Answer to Complaint, Counterclaim of Best Buy Co. Inc. by API Technologies, LLC.(Fenster, Marc)

Download PDF
API Technologies, LLC v. Facebook, Inc. et al Doc. 92 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION API TECHNOLOGIES, LLC Plaintiff, v. FACEBOOK, INC., et al. Defendants. Civil Action No. 2:09-cv-00147 API TECHNOLOGIES, LLC'S ANSWER TO THE COUNTERCLAIM OF BEST BUY CO. INC. Plaintiff API Technologies, LLC ("API") answers the Counterclaim of Defendant Best Buy Co. Inc. ("Best Buy"), filed on July 8, 2009, by corresponding paragraph number as follows: 1. API admits that Best Buy purports to seek a declaratory judgment in its Counterclaim, but API denies that Best Buy is entitled to such a judgment. API admits that Best Buy's Counterclaim gives rise to an actual and justiciable controversy between API and Best Buy regarding the infringement and validity of the '699 Patent. Except as so admitted, the remaining allegations in paragraph 1 are denied. 2. API admits that the Court has subject matter jurisdiction over the issues raised in Best Buy's Counterclaim. API admits that it has submitted to venue in this judicial district for the purpose of the adjudication of its Original Complaint in this action and related counterclaims. 3. 4. Admitted Admitted. 2995-009 090731 Ans Best Buy CC Dockets.Justia.com FIRST COUNTERCLAIM DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NO. 6,859,699 5. In response to the allegations in paragraph 5 of Best Buy's Counterclaim, API incorporates by reference paragraphs 1 through 4 of this Answer as if fully set forth herein. 6. 7. Admitted. Best Buy's reference to "these allegations" in paragraph 7 of its Counterclaim is vague and therefore API lacks knowledge or information sufficient to form a belief about the truth of Best Buy's allegation that in paragraph 7 that it "[d]enies these allegations." The remaining allegations in paragraph 7 are denied. 8. 9. Admitted. Denied. SECOND COUNTERCLAIM DECLARATORY JUDGMENT OF INVALIDITY OF U.S. PATENT NO. 6,859,699 10. In response to the allegations in paragraph 10 of Best Buy's Counterclaim, API incorporates by reference paragraphs 1 through 9 of this Answer as if fully set forth herein. 11. 12. Admitted. Best Buy's reference to "these allegations" in paragraph 12 of its Counterclaim is vague and therefore API lacks knowledge or information sufficient to form a belief about the truth of Best Buy's allegation that in paragraph 12 that it "[d]enies these allegations." The remaining allegations in paragraph 12 are denied. 13. 14. Admitted. Denied. 2995-009 090731 Ans Best Buy CC 2 PRAYER FOR RELIEF To the extent necessary, API denies that Best Buy is entitled to the relief requested in its Prayer for Relief, or any relief whatsoever. Dated: July 31, 2009 Respectfully submitted, By: /s/ Marc A. Fenster Marc A. Fenster, CA Bar No. 181067 E-mail: mfenster@raklaw.com Andrew D. Weiss, CA Bar # 232974 E-mail: aweiss@raklaw.com RUSS, AUGUST & KABAT 12424 Wilshire Boulevard, 12th Floor Los Angeles, California 90025 Telephone: 310/826-7474 Facsimile: 310/826-6991 Andrew W. Spangler, TX Bar No. 24041960 E-mail: spangler@spanglerlawpc.com SPANGLER LAW PC 208 N. Green Street, Suite 300 Longview, TX 75601 Telephone: 903/753-9300 Facsimile: 903/553-0403 Tyler K. Brochstein, TX Bar No. 24059490 E-mail: tyler@brochlaw.com BROCHSTEIN LAW FIRM PLLC 2820 McKinnon Street, Suite 4063 Dallas, TX 75201 Telephone: 713/320-1456 Facsimile: 208/460-0603 Attorneys for Plaintiff API TECHNOLOGIES, LLC 2995-009 090731 Ans Best Buy CC 3 CERTIFICATE OF SERVICE I hereby certify that the counsel of record who are deemed to have consented to electronic service are being served on July 31, 2009 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. Dated: July 31, 2009 /s/ Marc A. Fenster Marc A. Fenster 2995-009 090731 Ans Best Buy CC 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?