Beneficial Innovations, Inc. v. Careerbuilder, LLC et al

Filing 72

ANSWER to 54 Answer to Amended Complaint, Counterclaim of Google, Inc. and Youtube LLC by Beneficial Innovations, Inc..(Adams, Julien)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PLAINTIFF AND COUNTERDEFENDANT BENEFICIAL INNOVATIONS, INC., Plaintiff, vs. CAREERBUILDER, LLC., a Delaware corporation; CNET NETWORKS, INC., a Delaware corporation; THE DALLAS MORNING NEWS, INC., a Delaware corporation; DIGG, INC., a Delaware corporation; EBAUM'S WORLD, INC., a New York corporation; GOOGLE INC., a Delaware corporation; JABEZ NETWORKS, INC., a Tennessee corporation; MORRIS COMMUNICATIONS COMPANY, LLC, a Georgia limited liability company; THE NEW YORK TIMES COMPANY, a New York corporation; YAHOO! INC., a Delaware corporation; and YOUTUBE, LLC, a Delaware limited liability company, Defendants. PLAINTIFF AND COUNTERDEFENDANT BENEFICIAL INNOVATIONS, INC.'S REPLY TO COUNTERCLAIMS OF GOOGLE INC. AND YOUTUBE, LLC CASE NO. 2:09-CV-175-TJW Jury Trial Demanded

Plaintiff and Counterdefendant Beneficial Innovations, Inc. ("Beneficial Innovations") hereby answers the counterclaims of Defendants and Counterclaimants Google Inc. ("Google") and Youtube, LLC ("Youtube"). All of the allegations of Google's and Youtube's Counterclaims not specifically admitted are hereby denied.

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Answer to Counterclaims Nature of the Action 1. Plaintiff and Counterdefendant Beneficial Innovations admits that Google

and Youtube purport to request a declaratory judgment that it does not infringe the claims of the `943 patent and that those patents are invalid. The Parties 2. Plaintiff and Counterdefendant Beneficial Innovations admits the

allegation contained in paragraph 2 of Google's and Youtube's Counterclaims. 3. Plaintiff and Counterdefendant Beneficial Innovations admits the

allegation contained in paragraph 3 of Google's and Youtube's Counterclaims. 4. Plaintiff and Counterdefendant Beneficial Innovations admits it is a

corporation existing under and by virtue of the laws of the State of Nevada and denies all other allegations contained in paragraph 4 of Google's and Youtube's Counterclaims. Jurisdiction and Venue 5. Plaintiff and Counterdefendant Beneficial Innovations admits the

allegations of subject matter jurisdiction in paragraph 5 of Google's and Youtube's Counterclaims. 6. proper. 7. Plaintiff and Counterdefendant Beneficial Innovations admits that it has Plaintiff and Counterdefendant Beneficial Innovations admits that venue is

sued Google and Youtube for infringement of the `943 patent and that there exists a substantial, actual, and continuing controversy between Beneficial Innovations and Google and Youtube regarding the enforceability, infringement and validity of the `943 patent. Beneficial Innovations deny all other allegations contained in paragraph 7 of Google's and Youtube's Counterclaims. 8. Plaintiff and Counterdefendant Beneficial Innovations admits the

allegations in contained paragraph 8 of Google's and Youtube's Counterclaims.

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First Counterclaim Declaratory Judgment of Non-Infringement of U.S. Patent 7,496,943 9. Paragraph 9 of Google's and Youtube's Counterclaims re-alleges and

incorporates by reference the allegations of paragraphs 1-8 of Google's and Youtube's Counterclaims. Beneficial Innovations incorporates by reference its response to the allegations of paragraphs 1-8 of Google's and Youtube's Counterclaims. Except as expressly admitted, Beneficial Innovations denies each of the allegations of paragraph 9. 10. Plaintiff and Counterdefendant Beneficial Innovations denies the

allegations contained in paragraph 10 of Google's and Youtube's Counterclaims. 11. Plaintiff and Counterdefendant Beneficial Innovations denies the

allegations contained in paragraph 11 of Google's and Youtube's Counterclaims. Second Counterclaim Declaratory Judgment of Invalidity of U.S. Patent 7,496,943 12. Paragraph 12 of Google's and Youtube's Counterclaims re-alleges and

incorporates by reference the allegations of paragraphs 1-11 of Google's and Youtube's Counterclaims. Beneficial Innovations incorporates by reference its response to the allegations of paragraphs 1-11 of Google's and Youtube's Counterclaims. Except as expressly admitted, Beneficial Innovations denies each of the allegations of paragraph 12. 13. Plaintiff and Counterdefendant Beneficial Innovations denies the

allegations contained in paragraph 13 of Google's and Youtube's Counterclaims. 14. Plaintiff and Counterdefendant Beneficial Innovations denies the

allegations contained in paragraph 14 of Google's and Youtube's Counterclaims. Reservations of Additional Claims 15. Paragraph 15 contains a series of statements and do not appear to contain

any allegations that call for a reply by Beneficial Innovations. Nevertheless, Beneficial Innovations denies each of the allegations contained in paragraph 15 of Google's and Youtube's Counterclaims.

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Demand for Jury Trial 16. jury of all issues. Prayer for Relief Plaintiff and Counterdefendant Beneficial Innovations denies that Google and Youtube are entitled to the relief they seek or any relief for the allegations made in their Answer and Counterclaims. Plaintiff and Counterdefendant Beneficial Innovations requests that judgment be entered in its favor on all issues and it be awarded the appropriate damages, exceptional damages, costs, and attorneys' fees. Dated: November 25, 2009 Respectfully submitted, Plaintiff and Counterdefendant Beneficial Innovations demands trial by

By: /s/ Julien A. Adams S. Calvin Capshaw State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 Capshaw DeRieux, LLP Energy Centre 1127 Judson Road, Suite 220 P. O. Box 3999 (75606-3999) Longview, Texas 75601-5157 Email: [e-mail] Email: [e-mail] Robert Christopher Bunt State Bar No. 00787165 Email: [e-mail] Robert M Parker State Bar No. 15498000 Email: [e-mail] Parker & Bunt, P.C. 100 East Ferguson, Ste. 1114 Tyler, TX 75702 Telephone: [phone] Facsimile: 903/533-9687

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Of Counsel: Gregory S. Dovel CA State Bar No. 135387 Julien Adams CA State Bar No. 156135 Dovel & Luner, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: [phone] Facsimile: 310-657-7069 email: [e-mail] email: [e-mail] ATTORNEYS FOR PLAINTIFF BENEFICIAL INNOVATIONS, LLC

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CERTIFICATE OF SERVICE I hereby certify that all counsel of record who are deemed to have consented to electronic service are being served this 25th day of November, 2009, with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). /s/ Julien A. Adams Julien A. Adams

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