Microunity Systems Engineering, Inc v. Acer Inc. et al

Filing 131

RESPONSE to 112 Answer to Complaint, Counterclaim Plaintiff's Answer to Defendant Apple Inc.'s Counterclaims by Microunity Systems Engineering, Inc. (Grinstein, Joseph)

Microunity Systems Engineering, Inc v. Acer Inc. et al

Doc. 131

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

MICROUNITY SYSTEMS ENGINEERING, INC., a California corporation,
Plaintiff, ACER fNC., et al.
Defendants.

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Civil ActionNo. 2:10-cv-000185 TJW-CE

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PLAINTIF'F'S ANSWER TO DEFENDANT APPLE INC.'S COT]NTERCLAIMS Plaintiff MicroUnity Systems Engineering, Inc. ("MicroUnity") files its answer to the
Connterclaims stated by defendant Apple, Inc. ("Apple") in its Answer to MicroUnity's Complaint

þr

Patent Infringement and Counterclaims, f:Ired August 11,

2010. MicroUnity denies the

allegations in Apple's Counterclaims unless expressly admitted in the following paragraphs.

JURISDICTION AND VENUE

1. 2. 3. 4. 5. 6.

MicroUnity admits the allegations of paragraph46. MicroUnity admits the allegations of paragraph4T.

In

response

to the allegations of paragraph 48, MicroUnity admits that these

cowrterclaims arise under the United States patent laws and that they seek declaratory relief.

MicroUnity admits the allegations of paragraph49. FACTS CONCERNING T]NITED STATES PATENT NO. 5.742.840 MicroUnity admits the allegations of paragraph 50. FACTS CONCERNING T]NITED STATES PATENT NO. 5.794.061 MicroUnity admits the allegations of paragraph 51.

Cl

Cl

COUNT ONE

- UNITED

STATES PATENT NO. 5.742.840 NONINFRINGEMENT

Cl_ DECLARATION OF

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Dockets.Justia.com

7

.

In response to the allegations of paragraph 52, MicroUnity repeats and realleges its

responses to the allegations in paragraphs 1 through 51 as

if fully

set forth herein.

8.

In response to the allegations of paragraph 53, MicroUnity admits thaf ajusticiable

conhoversy exists between the parties regarding Apple's infringement of the '840 patent and
denies the rest of the allegations.

9. 10.

MicroUnity denies the allegations of paragraphí4. MicroUnity denies the allegations of paragraph 55.

COT]NT TWO

-

TINITED STATES PATENT NO. 7.730.287 B1 NONINFRINGEMENT

- DECLARATION OF

1

1.

In response to the allegations of paragraph 56, Microunity repeats and realleges its

responses to the allegations in paragraphs 46 through 55 as

if fully

set forth herein.

12.

In response to the allegations of paragraph 57, MicroUnity admits that a justiciable

controversy exists between the parties regarding Apple's infringement
denies the rest of the allegations.

of the '287 patent and

13. 14.

MicroUnity denies the allegations of paragraph 58. MicroUnity denies the allegations of paragraph 59.

COUNT THREE _ T]NITED STATES PATENT NO. 5,742.840 CI _ DECLARATION OF IIWALIDITY

15. 16.

In response to the allegations of paragraph 60, MicroUnity repeats and realleges its

responses to the allegations in paragraphs 46 through 59 as

if fully

set forth herein.

In response to the allegations of paragraph 61, MicroUnity admits that a justiciable

controversy exists between the parties with respect to the validity of the claims of the '840 Patent
and denies the rest of the allegations.

17. 18.
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MicroUnity denies the allegations of paragraph62. MicroUnity denies the allegations of paragraph63.

INVALIDITY

19. 20.

In response to the allegations of paragraph 64, MicroUnity repeats and realleges its

responses to the allegations in paragraphs 46 through 63 as

if fully

set forth herein.

In response to the allegations of paragraph 65, MicroUnity admits that a justiciable

controversy exists between the parties with respect to the validity of the claims of the '287 Patent
and denies the rest of the allegations.

21. 22.

MicroUnity denies the allegations of paragraph 66. MicroUnity denies the allegations of paragtaph6T. REQUEST FOR RELIEF

Therefore, MicroUnity requests the following relief:

a. b. c.

that the Court enter

a

judgment in favor of MicroUnity on all claims asserted

against it by Apple that the Court award MicroUnity its attorneys' fees and costs of court, together pre-

judgment and post-judgment interest in the maximum amount provided by law; and
that the Court award MicroUnity all other relief to which it may be entitled.

DATED: September l, 2010

Respectfully Submitted,
/s/ Joseph S. Grinstein Stephen D. Susman, Attorney-in-Charge State BarNo. 1952100 ssusman@susmangodfrey. com Max L. Tribble, Jr. State Bar No. 20213950 mtribble@susmangodfr ey. com Joseph S. Grinstein State Bar No. 24002188 j grinstein@ susman godfr ey. com

SUSMAN GODFREY L.L.P. 1000 Louisiana Street, Suite 5100 Houston, Texas 77002

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Telephone: [phone] Facsimile: [phone]
Sidney Calvin Capshaw State Bar No. 03783900 ccapshaw@capshawlaw. com CAPSFIAW DERIEIIX, L.L.P. 1127 Judson Rd - Ste220 PO Box 3999 Longview, TX 7 5601 -51 57 [phone] Fax: [phone]

Otis W. Canoll State 8arNo.00794219 [e-mail]

IRELAND, CARROLL &.I<ELLEY, P.C.
6101 South Broadway, Suite 500 Tyler, TX75703 Telephone: [phone] Facsimile: (903) 58 I -1 071

Michael F. Heim State BarNo. 09380923 [e-mail] HEIM, PAYNE & CHORUSH, L.L.P. 600 Travis, Suite 6710 Houston, Texas 77002 Telephone: [phone] Facsimile: (7 13) 221 -2021
Douglas R. Wilson State BarNo.2403771,9 [e-mail] HEIM, PAYNE & CHORUSH, L.L.P. 9442 Capital of Texas Hwy. Plazal, Suite 500-146 Austin, Texas 78759 Telephone: [phone] Facsimile: (512) 345 -2924
George M. Schwab State BarNo. 58250 (CA) sschwablô smsþatent. com LAW OFFICES OF GEORGE M. SCHWAB 235 Montgomery St., Suite 1026 San Francisco, CA 94104 4
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Telephone: [phone] I 0

Attomeys

for MICROUNITY

SYSTEMS

ENGINEERING. INC.

CERTIFICATE OF SERVICE
hereby certify that on September 1,2010,I electronically filed the foregoing document with the clerk of the court for the U.S. District Court, Eastem District of Texas, using the electronic filing system of the court. The electronic case filing system sent a "Notice of Electronic Filing" to the attomeys of record who have consented in writing to accept this Notice as service of this document by electronic means.
/s/ Joseph S. Grinstein Joseph S. Grinstein

I

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