Klausner Technologies Inc v. Verizon Wireless et al

Filing 76

RESPONSE to 66 Answer to Complaint, Counterclaim (Plaintiff Klausner Technologies, Inc.'s Reply to Counterclaims of Comverse, Inc.) by Klausner Technologies Inc. (DeRieux, Elizabeth)

Klausner Technologies Inc v. Verizon Wireless et al

Doc. 76

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION KLAUSNER TECHNOLOGIES, INC., a New York corporation, Plaintiff, vs. Verizon Wireless (Cell co Partnership d/b/a Verizon Wireless), a Delaware general partnership; Verizon Data Services LLC, a Delaware limited liability company; Bell Atlantic Communications, Inc., a Delaware corporation; Citrix Systems, Inc., a Delaware corporation; Comverse, Inc., a Delaware corporation; Cox Communications, Inc., a Delaware corporation; Embarq Communications, Inc., a Delaware corporation; Google Inc., a Delaware corporation; GrandCentral Communications, Inc., a Delaware corporation; LG Electronics Mobilecomm U.S.A., Inc., a California Corporation; PhoneFusion, Inc., a Delaware corporation; RingCentral, Inc., a California Corporation, Defendants. § § § § § § § § § § § § § § § § § § § § § § § §

Case No. 6:08-cv-341 (LED) (JURY TRIAL)

PLAINTIFF KLAUSNER TECHNOLOGIES, INC.'S REPLY TO COUNTERCLAIMS OF COMVERSE, INC. Plaintiff Klausner Technologies, Inc. ("Klausner") hereby answers the counterclaims of Defendant Comverse, Inc. ("Comverse"). The paragraphs in this reply are numbered to

correspond with the paragraph numbers in Comverse's counterclaims; accordingly, the first numbered paragraph is number 36. All of the allegations of the counterclaims not specifically admitted herein are specifically denied.

Dockets.Justia.com

Count One - United States Patent No. 5,572,576 36. counterclaims. A. 37. Declaration of N oninfringement Klausner incorporates by reference its response to the allegations of paragraph 36 Klausner admits the allegations contained in paragraph 36 of Com verse's

above. Except as expressly admitted, Klausner denies each of the allegations of paragraph 37. 38. Klausner denies each allegation contained in paragraph 38 of Com verse's

counterclaims, except Klausner admits that an actual and justiciable controversy exists between Comverse and Klausner with respect to the '576 patent because Klausner has brought an action against Comverse alleging that Comverse infringes claims of the '576 patent, which allegations Comverse denies. 39. counterclaims. 40. counterclaims. B. 41. Declaration of Invalidity Klausner incorporates by reference its response to the allegations of paragraphs Except as expressly admitted, Klausner denies each Klausner denies the allegation contained in paragraph 40 of Com verse's Klausner denies the allegations contained in paragraph 39 of Com verse's

36 through 40 of Com verse's counterclaims. of the allegations of paragraph 41. 42.

Klausner denies each allegation contained in paragraph 42 of Comverse' s

counterclaims, except Klausner admits that an actual and justiciable controversy exists between Comverse and Klausner with respect to the '576 patent because Klausner has brought an action against Comverse alleging that Comverse infringes claims of the '576 patent, which allegations Comverse denies. 43. counterclaims. 44. counterclaims. Klausner denies the allegations contained in paragraph 44 of Com verse's Klausner denies the allegations contained in paragraph 43 of Com verse's

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Count Two - United States Patent No. 5,283,818 45. counterclaims. A. 46. Declaration of N oninfringement Klausner incorporates by reference its response to the allegations of paragraphs Except as expressly admitted, Klausner denies each Klausner admits the allegations contained in paragraph 45 of Com verse's

36 through 45 of Com verse's counterclaims. of the allegations of paragraph 46. 47.

Klausner denies each allegation contained in paragraph 47 of Com verse's

counterclaims, except Klausner admits that an actual and justiciable controversy exists between Comverse and Klausner with respect to the' 818 patent because Klausner has brought an action against Comverse alleging that Comverse infringes claims of the' 818 patent, which allegations Comverse denies. 48. counterclaims. 49. counterclaims. B. 50. Declaration of Invalidity Klausner incorporates by reference its response to the allegations of paragraphs Except as expressly admitted, Klausner denies each Klausner denies the allegations contained in paragraph 49 of Com verse's Klausner denies the allegations contained in paragraph 48 of Com verse's

36 through 49 of Com verse's counterclaims. of the allegations of paragraph 50. 51.

Klausner denies each allegation contained in paragraph 51 of Comverse' s

counterclaims, except Klausner admits that an actual and justiciable controversy exists between Comverse and Klausner with respect to the' 818 patent because Klausner has brought an action against Comverse alleging that Comverse infringes claims of the' 818 patent, which allegations Comverse denies. 52. counterclaims. Klausner denies the allegations contained in paragraph 52 of Com verse's

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53. counterclaims.

Klausner denies the allegations contained in paragraph 53 of Com verse's Prayer for Relief

Klausner denies that Comverse is entitled to the relief it seeks or any relief for the allegations made in its counterclaims. Jury Demand Klausner demands trial by jury of all issues.

Dated: November 13, 2008

Respectfully submitted, By: lsi Elizabeth L. DeRieux S. Calvin Capshaw State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 N. Claire Abernathy State Bar No. 24053063 CAPSHAW DERIEUX, LLP 1127 Judson Road, Suite 220 Longview, Texas 75601 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail]

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Gregory S. Dovel California State Bar No. 135387 Sean A. Luner California State BarNo. 165443 Christin K. Cho California State Bar No. 238173 DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, California 90401 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] ATTORNEYS FOR PLAINTIFF, KLAUSNER TECHNOLOGIES, INC.

CERTIFICATE OF SERVICE This is to certify that all counsel of record who are deemed to have consented to electronic service are being served this 13th day of November, 2008, with a copy of this document via the Court's CMlECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served via electronic mail, facsimile transmission andlor first class mail on this same date.

lsi Elizabeth L. DeRieux
Elizabeth L. DeRieux

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