Aloft Media, LLC v. Oracle Corporation et al

Filing 127

Plaintiff Aloft Media, LLC's ANSWER to 123 Answer to Amended Complaint, Counterclaim of Defendants Halliburton Company and Halliburton Energy Services, Inc. by Aloft Media, LLC.(Albritton, Eric)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC, Plaintiff, v. ORACLE CORPORATION, et al., Defendants. § § § § § § § § §

Civil Action No. 6:09-CV-304-LED

JURY TRIAL DEMANDED

PLAINTIFF ALOFT MEDIA, LLC'S ANSWER TO DEFENDANTS HALLIBURTON COMPANY AND HALLIBURTON ENERGY SERVICES, INC.'S COUNTERCLAIMS Plaintiff Aloft Media, LLC ("Aloft") responds to each numbered paragraph of the Counterclaims of Defendants Halliburton Company and Halliburton Energy Services, Inc. (collectively "Halliburton"), as set forth in Halliburton's Answer to Aloft's Third Amended Complaint for Patent Infringement (Dkt. No. 123), as follows: JURISDICTION 1. 2. 3. Aloft admits the allegations of paragraph 1. Aloft admits the allegations of paragraph 2. Aloft admits the allegations of paragraph 3. PARTIES 4. 5. Aloft admits the allegations of paragraph 4. Aloft admits the allegations of paragraph 5. BACKGROUND 6. Aloft admits that it sued Halliburton Company for infringement of the patents-in-

suit in this Court on July 14, 2009. Aloft denies the remaining allegations of paragraph 6. 1

7.

Aloft admits that Halliburton has denied Aloft's claims of infringement and that

Halliburton purports to contend that the patents-in-suit are invalid under Title 35 of the United States Code. Aloft denies the remaining allegations of paragraph 7. 8. Aloft admits that an actual controversy has arisen and now exists between

Halliburton and Aloft with respect to the patents-in-suit. Aloft denies the remaining allegations of paragraph 8. COUNT I ­ DECLARATION OF NON-INFRINGEMENT 9. Aloft restates and incorporates by reference each answer to paragraphs 1-8 above,

but Aloft denies the allegations in those paragraphs unless specifically admitted therein. 10. 11. 12. Aloft admits the allegations of paragraph 10. Aloft denies the allegations of paragraph 11. Aloft admits that Halliburton purports to seek a declaration that Halliburton has

not directly infringed and does not directly infringe, has not induced and does not induce infringement of, and has not contributed to and does not contribute to infringement of, the patents-in-suit, either literally or under the doctrine of equivalents. Aloft denies the remaining allegations of paragraph 12. COUNT II ­ DECLARATION OF PATENT INVALIDITY 13. Aloft restates and incorporates by reference each answer to paragraphs 1-12

above, but Aloft denies the allegations in those paragraphs unless specifically admitted therein. 14. 15. Aloft denies the allegations of paragraph 14. Aloft admits that Halliburton purports to seek a declaration that the patents-in-suit

are invalid. Aloft denies the remaining allegations of paragraph 15.

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HALLIBURTON'S PRAYER FOR RELIEF Aloft denies that Halliburton is entitled to any relief, and specifically denies all the allegations and prayers for relief contained in paragraphs A-F of Halliburton's Prayer for Relief. PRAYER FOR RELIEF WHEREFORE, Aloft respectfully requests that this Court enter judgment denying and dismissing Halliburton's counterclaims, and that the Court enter judgment in favor of Aloft as requested in Aloft's Third Amended Complaint for Patent Infringement (Dkt. No. 117), 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,

___________________________ Eric M. Albritton Texas Bar No. 00790215 [e-mail] Adam A. Biggs Texas Bar No. 24051753 [e-mail] Debra Coleman Texas Bar No. 24059595 [e-mail] Matthew C. Harris Texas Bar No. 24059904 [e-mail] ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone]

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Thomas John Ward, Jr. Texas Bar No. 00794818 [e-mail] WARD & SMITH LAW FIRM P.O. Box 1231 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] Danny L. Williams Texas Bar No. 21518050 [e-mail] J. Mike Amerson Texas Bar No. 01150025 [e-mail] Jaison C. John Texas State Bar No. 24002351 [e-mail] Christopher N. Cravey Texas Bar No. 24034398 [e-mail] Matthew R. Rodgers Texas Bar No. 24041802 [e-mail] Michael A. Benefield Indiana Bar No. 24560-49 [e-mail] David Morehan Texas Bar No. 24065790 [e-mail] WILLIAMS, MORGAN & AMERSON, P.C. 10333 Richmond, Suite 1100 Houston, Texas 77042 Telephone: [phone] Facsimile: [phone] Attorneys for Aloft Media, LLC

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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 are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by email and/or fax, on this the 30th day of August 2010.

______________________________ Eric M. Albritton

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