Aloft Media, LLC v. Yahoo! Inc. et al

Filing 34

ALOFT MEDIA, LLC's ANSWER to 22 Answer to Complaint, Counterclaim OF YAHOO! INC. by Aloft Media, LLC.(Cravey, Christopher)

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Aloft Media, LLC v. Yahoo! Inc. et al Doc. 34 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC, Plaintiff, v. YAHOO!, INC., GOOGLE, INC., and AOL LLC, Defendants. Civil Action No. 6:08-cv-509 JURY TRIAL DEMANDED REPLY TO COUNTERCLAIMS OF YAHOO! INC. Plaintiff Aloft Media, LLC ("Aloft") responds to each of the numbered paragraphs of the counterclaims of Yahoo!, Inc. ("Yahoo!"), as set forth in its Answer, Affirmative Defenses, and Counterclaims ("Answer and Counterclaims"), as follows: (Declaratory Judgment as to the `351 Patent) 23. In paragraph 23, Yahoo! purports to incorporate by reference paragraphs 1-21 of its Answer and Counterclaims to Aloft's Complaint for Patent Infringement. Aloft is without sufficient information to form an understanding as to the meaning of this paragraph, and therefore denies the same. 24. 25. 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 25. 26. Aloft admits that it alleges that Yahoo! has been and now is infringing the `351 patent and that a justifiable controversy exists concerning the `351 patent but denies that Dockets.Justia.com Yahoo!'s counterclaims have any merit whatsoever. Aloft denies the remaining allegations in paragraph 26. 27. Aloft admits that Yahoo! contends that a judicial declaration is necessary and appropriate so that Yahoo! may ascertain its rights and duties with respect to the `351 patent but denies that Yahoo!'s counterclaims have any merit whatsoever. 28. 29. Aloft admits that this Court has subject matter jurisdiction. Otherwise, denied. Aloft admits that this Court has personal jurisdiction. Otherwise, denied COUNT ONE (Declaratory Judgment of Non-Infringement of the `351 Patent) 30. Aloft admits that Yahoo! purports to incorporate by reference the averments contained in paragraphs 1-28 of its Answer and Counterclaims. Unless specifically admitted herein, the allegations contained in those paragraphs are denied. 31. 32. Denied. Denied. COUNT TWO (Declaratory Judgment of Invalidity of the `351 Patent) 33. Aloft admits that Yahoo! purports to incorporate by reference the averments contained in paragraphs 1-31 of its Answer and Counterclaims. Unless specifically admitted herein, the allegations contained in those paragraphs are denied. 34. Denied. Aloft denies that Yahoo! is entitled to any relief, and specifically denies all the allegations and prayers for relief contained in paragraphs A-J of Yahoo!'s Answer and Counterclaims. 2 PRAYER FOR RELIEF WHEREFORE, Plaintiff Aloft respectfully requests that this Court enter judgment denying and dismissing Yahoo!'s counterclaims, and that the Court enter judgment in favor of Aloft as requested in Aloft's complaint, as amended or supplemented. 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. Respectfully submitted, __/s/ Chris Cravey__________ Eric M. Albritton Texas Bar No. 00790215 Craig Tadlock Texas Bar No. 00791766 Adam A. Briggs Texas Bar No. 24051753 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: (903) 757-8449 Facsimile: (903) 758-7397 ema@emafirm.com cct@emafirm.com aab@emafrim.com Thomas John Ward, Jr. Texas Bar No. 00794818 WARD & SMITH LAW FIRM P O Box 1231 Longview, TX 75606-1231 Telephone: (903) 757-6400 Facsimile: (903) 757-2323 jw@jwfirm.com Danny L. Williams Texas State Bar No. 21518050 Matthew R. Rodgers 3 Texas Bar No. 24041802 Chris Cravey Texas State Bar No. 24034398 WILLIAMS, MORGAN & AMERSON, P.C. 10333 Richmond, Suite 1100 Houston, Texas 77042 Telephone: (713)934-4060 Facsimile: (713) 934-7011 danny@wmalaw.com mrodgers@wmalaw.com ccravey@wmalaw.com Scott E. Stevens State Bar No. 00792024 Kyle J. Nelson State Bar No. 24056031 STEVENS LAW FIRM P.O. Box 807 Longview, Texas 75606 Tel: 903-753-6760 Fax: 903-753-6761 scott@seslawfirm.com kjn@seslawfirm.com ATTORNEYS FOR PLAINTIFF ALOFT MEDIA, LLC 4 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 16th day of March, 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

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