Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 125

ANSWER to #112 Answer to Amended Complaint, Counterclaim by Bedrock Computer Technologies, LLC.(Cawley, Douglas)

Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Doc. 125

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION BEDROCK COMPUTER TECHNOLOGIES, LLC Plaintiff, vs. SOFTLAYER TECHNOLOGIES, INC., et al. Defendants. § § § § § § § § § § §

CASE NO. 609 CV 269 Jury Trial Demanded

PLAINTIFF'S REPLY TO DEFENDANT SOFTLAYER TECHNOLOGIES, INC.'S ANSWER TO BEDROCK'S FIRST AMENDED COMPLAINT, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS Plaintiff Bedrock Computer Technologies LLC ("Bedrock") files this Reply to Defendant Softlayer Technologies, Inc.'s Answer to Bedrock's First Amended Complaint, Affirmative Defenses, and Counterclaims, served on November 16, 2009 (Dkt. No.112). All allegations not expressly admitted are denied. The first set of paragraphs marked 1-21 of Softlayer's Answer do not require a response. AFFIRMATIVE DEFENSES 1. Bedrock incorporates by reference the allegations in its First Amended Complaint

for Patent Infringement (Dkt. No. 102) in response to each and every of Softlayer's Affirmative Defenses. 2. Defenses. Bedrock denies all allegations contained in Paragraph 1 of Softlayer's Affirmative

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3. Defenses. 4. Defenses. 5. Defenses. 6. Defenses. 7. Defenses. 8. Defenses.

Bedrock denies all allegations contained in Paragraph 2 of Softlayer's Affirmative

Bedrock denies all allegations contained in Paragraph 3 of Softlayer's Affirmative

Bedrock denies all allegations contained in Paragraph 4 of Softlayer's Affirmative

Bedrock denies all allegations contained in Paragraph 5 of Softlayer's Affirmative

Bedrock denies all allegations contained in Paragraph 6 of Softlayer's Affirmative

Bedrock denies all allegations contained in Paragraph 7 of Softlayer's Affirmative

RESPONSE TO COUNTERCLAIMS 10. Bedrock incorporates by reference the allegations in its Complaint for Patent

Infringement in response to each and every of Softlayer's Counterclaims. 11. Bedrock admits that this Court has jurisdiction as alleged in Paragraph 1 of

Softlayer's Counterclaims, but denies that Softlayer is entitled to any relief requested. 12. Bedrock admits the this Court has subject matter jurisdiction as alleged in

Paragraph 2 of Softlayer's Counterclaims, but denies that Softlayer is entitled to any relief requested. 13. 14. Bedrock admits the allegations of Paragraph 3. Bedrock admits the allegations of Paragraph 4.

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15.

With respect to Paragraph 5, Bedrock admits that an actual and justiciable

controversy exists between Bedrock and Softlayer with respect to the validity and infringement of the '120 patent. Bedrock denies that there is an actual and justiciable controversy with respect to the enforceability of the '120 patent because Softlayer has not alleged any fact or theory upon which the '120 patent can be adjudged unenforceable. 16. Bedrock denies the allegations of Paragraph 6. PRAYER FOR RELIEF Bedrock incorporates by reference the Prayer for Relief set forth in Bedrock's First Amended Complaint for Patent Infringement. Bedrock denies that Softlayer is entitled to any relief. DEMAND FOR JURY TRIAL Bedrock hereby demands that all issues be determined by jury.

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DATED: December 2, 2009

Respectfully submitted, McKOOL SMITH, P.C. _/s/ Douglas A. Cawley_________ Sam F. Baxter Texas Bar No. 01938000 McKOOL SMITH, P.C. [e-mail] 104 E. Houston Street, Suite 300 P.O. Box 0 Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone] Douglas A. Cawley, Lead Attorney Texas Bar No. 04035500 [e-mail] Theodore Stevenson, III Texas Bar No. 19196650 [e-mail] J. Austin Curry Texas Bar No. 24059636 [e-mail] McKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Facsimile: 214-978-4044 Robert M. Parker Texas Bar No. 15498000 Robert Christopher Bunt Texas Bar No. 00787165 PARKER, BUNT & AINSWORTH, P.C. 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 Telephone: [phone] Facsimile: 903-533-9687 E-mail: [e-mail] E-mail: [e-mail] ATTORNEYS FOR PLAINTIFF BEDROCK COMPUTER TECHNOLOGIES LLC 4

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who have consented to electronic service on this, the 2nd day of December, 2009. Local Rule CV53(a)(3)(A). /s/ J. Austin Curry J. Austin Curry

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