Aloft Media, LLC v. Google, Inc.

Filing 14

Aloft Media LLCs ANSWER to #13 Answer to Complaint, Counterclaim of Google Inc. by Aloft Media, LLC.(Rodgers, Matthew)

Aloft Media, LLC v. Google, Inc.

Doc. 14

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC, Plaintiff, v. GOOGLE, INC. Defendant. Civil Action No. 6:08-cv-440-LED JURY TRIAL DEMANDED

PLAINTIFF'S REPLY TO COUNTERCLAIMS OF GOOGLE INC. Plaintiff Aloft Media, LLC ("Aloft") responds to each of the numbered paragraphs of the counterclaims of Google Inc. ("Google"), as set forth in its Answer, Affirmative Defenses, and Counterclaims to Plaintiff's Complaint ("Answer and Counterclaims"), as follows: THE PARTIES 1. 2. Admitted. Aloft admits that it is a Texas limited liability company with its principal place of

business at 211 W. Tyler Street, Suite C-1, Longview, Texas 75601. Aloft denies the remaining allegations in paragraph 2. JURISDICTION AND VENUE 3. 4. Aloft admits that this Court has subject matter jurisdiction. Otherwise, denied. Aloft admits that this Court has personal jurisdiction. Otherwise, denied. FACTUAL BACKGROUND 5. 6. Admitted. Denied.

Dockets.Justia.com

7.

Aloft admits that an actual case or controversy exists for purposes of declaratory

judgment jurisdiction but denies that Google's counterclaims have any merit whatsoever. COUNT ONE Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,194,691 8. Aloft admits that Google purports to incorporate by reference paragraphs 1-7 of its

Answer and Counterclaims but denies the allegations in those paragraphs unless specifically admitted herein. 9. Aloft admits that an actual case or controversy exists for purposes of s declaratory

judgment jurisdiction but denies that Google's counterclaims have any merit whatsoever. 10. Aloft admits that Google contends that a judicial declaration is necessary and

appropriate so that Google may ascertain its rights regarding the `691 patent but denies that Google's counterclaims have any merit whatsoever. 11. 12. Denied. Denied. COUNT TWO Declaratory Judgment of Invalidity of U.S. Patent No. 7,194,691 13. Aloft admits that Google purports to incorporate by reference paragraphs 1-12 of its

Answer and Counterclaims but Aloft denies the allegations in those paragraphs unless specifically admitted herein. 14. Aloft admits that an actual case or controversy exists for purposes of declaratory

judgment jurisdiction but denies that Google's counterclaims have any merit whatsoever.

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15.

Aloft admits that Google contends that a judicial declaration is necessary and

appropriate so that Google may ascertain its rights regarding the `691 patent but denies that Google's counterclaims have any merit whatsoever. 16. 17. Denied. Denied. Aloft denies that Google is entitled to any relief, and specifically denies all the allegations and prayers for relief contained in paragraphs a-i of Google's Answer and Counterclaims. PRAYER FOR RELIEF WHEREFORE, Plaintiff Aloft respectfully requests that this Court enter judgment denying and dismissing Google's counterclaims, and that the Court enter judgment in favor of Aloft as requested in Aloft's complaint. DEMAND FOR JURY TRIAL Aloft, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any issues so triable by right.

Dated: January 5, 2009

Respectfully submitted,

__/s/_Matt Rodgers______________ Eric M. Albritton Texas Bar No. 00790215 Craig Tadlock Texas Bar No. 00791766
Adam A. Biggs Texas Bar No. 24051753

ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone]

Facsimile: [phone] [e-mail] [e-mail] [e-mail] Thomas John Ward, Jr. Texas Bar No. 00794818 WARD & SMITH LAW FIRM P O Box 1231 Longview, TX 75606-1231 Telephone: [phone] Facsimile: [phone] [e-mail] Danny L. Williams Texas Bar No. 24041802 Christopher N. Cravey Texas Bar No. 24034398 Matthew R. Rodgers Texas Bar No. 24041802 WILLIAMS, MORGAN & AMERSON, P.C. 10333 Richmond, Suite 1100 Houston, Texas 77042 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail]
ATTORNEYS FOR PLAINTIFF ALOFT MEDIA, LLC

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CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served this 5th day of January, 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 facsimile and or U.S. Mail on this same date.

/s/ Riny Pieternelle________ Riny Pieternelle