Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 167

Staples, Inc.'s Answer and Defenses ANSWER to 1 Complaint,, by Staples, Inc..(Richardson, Michael)

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Eolas Technologies Incorporated v. Adobe Systems Incorporated et al Doc. 167 IN THE I]NITED STATES DISTRICT COURT FOR THE ESTERN DISTRICT OF TEXAS TYLER DIVISION EOLAS TECHNOLOGIES INCORPORATED, $ $ $ Plaintiff, V. ADOBE SYSTEMS [NC., ET AL., Defendants. $ $ $ $ $ $ $ $ $ C.A. NO. 6:09-CY-446 ruDGE LEONARD E. DAVIS ruRY TRIAL DEMANDED STAPLES. INC.'S ANSWER AND DEF'ENSES Defendant Staples, Inc. ("Staples") files this Answer to Plaintiff Eolas Technologies Incorporated's ("Eolas" or "Plaintiff') Complaint for Patent Infringement ("Complaint") and hereby states as follows: PARTIES l. 2. Staples lacks knowledge and information sufftcient to form a belief as to the truth of the allegations in Paragraph 1 of the Complaint and therefore denies those allegations. Paragraph 2 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph2 andtherefore denies those allegations. 3. Paragraph 3 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 3 and therefore denies those allegations. Dockets.Justia.com 4. Paragraph 4 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information suffrcient to form a belief as to the truth of the allegations of Paragraph 4 and therefore denies those allegations. 5. Paragraph 5 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information suffrcient to form a belief as to the truth of the allegations of Paragraph 5 and therefore denies those allegations. 6. Paragraph 6 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 6 and therefore denies those allegations. 7. Paragraph 7 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph7 andtherefore denies those allegations. 8. Paragraph 8 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 8 and therefore denies those allegations. 9. Paragraph 9 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 9 and therefore denies those allegations. 10. Paragraph l0 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 10 and therefore denies those allegations. 11. Paragraph 11 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 11 and therefore denies those allegations. 12. Paragraph 12 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 12 and therefore denies those allegations. 13. Paragraph 13 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 13 and therefore denies those allegations. 14. Paragraph 14 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 14 ar therefore denies those allegations. 15. Paragraph 15 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information suffrcient to form a belief as to the truth of the allegations of Paragraph l5 and therefore denies those allegations. any 16. Paragraph 16 of the Complaint is not directed at Staples. To the extent response is necessary, Staples lacks knowledge and information suffrcient to form a belief as to the truth of the allegations of Paragraph l6 and therefore denies those allegations. any 17. Paragraph 17 of the Complaint is not directed at Staples. To the extent response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 17 and therefore denies those allegations. 18. Paragraph 18 of the Complaint is not directed at Sples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 18 and therefore denies those allegations. 19. Paragraph 19 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 19 and therefore denies those allegations. 20. 21. Staples admits the allegations of Paragraph 20 of the Complaint. Paragraph 2l of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph2l andtherefore denies those allegations. 22. Paragraph 22 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph22 andtherefore denies those allegations. 23. Paragraph 23 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of ParagraphL3 andtherefore denies those allegations. 24. Paragraph 24 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph24 andtherefore denies those allegations. JURISDICTION AND VENUE 25. 26. Staples refers to and incorporates herein its previous answers to Paragraphs l-24. Staples admits that Paragraph26 of the Complaint for Patent Infringement alleges that this is an action arising under the patent laws of the United States, Title 35 of the United 4 States Code, but denies the merits of such action. Staples admits that this Court has subject matter jurisdictionpursuantto 28 U.S.C. $$ l33l and 1338(a). 27. 28. The allegations contained in paragruph27 constitute conclusions of law to which no answer is required. The allegations contained in paragraph 28 constitute conclusions of law to which no answer is required. AI\SWER TO ALLEGED INFRINGEMENT OF U.S. PATENT NOS.5,838,906 and 7'599'985 29. 30. Staples refers to and incorporates herein its previous answers to Paragraphs 1-28. Staples admits that U.S. Patent No. 5,838,906 (the "'906 Patent") entitled "Distributed hypermedia method for automatically invoking external application providing interaction and display of embedded objects within a hypermedia document," and U.S. Patent No. 7,599,985 (the o'0985 Patent") entitled "Distributed hypermedia method and system for automatically invoking external application providing interaction and display of embedded objects within a hypermedia document" were issued by the U.S. Patent and Trademark Office on November 17, 1998 ('906 Patent) and October 6, 2009 ('985 Patent). Staples lacks knowledge and information suffrcient to form a belief as to the truth of the remaining allegations of Paragraph 30 of the Complaint, and therefore denies them. 31. 32. Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph Paragraph 32 3l of the Complaint and therefore denies those allegations. of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph32 and therefore denies those allegations. 33. Paragraph 33 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 33 and therefore denies those allegations. 34. Paragraph 34 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information suffrcient to form a belief as to the truth of the allegations of Paragraph 34 and therefore denies those allegations. 35. Paragraph 35 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 35 and therefore denies those allegations. 36. Paragraph 36 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information suffrcient to form a belief as to the truth of the allegations of Paragraph 36 and therefore denies those allegations. 37. Paragraph 37 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph3T and therefore denies those allegations. 38. Paragraph 38 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 38 and therefore denies those allegations. 39. Paragraph 39 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 39 and therefore denies those allegations. 40. Paragraph 40 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 40 and therefore denies those allegations. 41. Paragraph 4l of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information suffrcient to form a belief as to the truth of the allegations of Paragraph 41 and therefore denies those allegations. 42. Paragraph 42 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph42 andtherefore denies those allegations. 43. Paragraph 43 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 43 and therefore denies those allegations. 44. Paragraph 44 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph44 andtherefore denies those allegations. 45. Paragraph 45 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 45 and therefore denies those allegations. 46. Paragraph 46 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph46 andtherefore denies those allegations. 47. Paragraph 47 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information suffrcient to form a belief as to the truth of the allegations of Paragraph4T and therefore denies those allegations. 48. Paragraph 48 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 48 and therefore denies those allegations. 49. Paragraph 49 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph49 andtherefore denies those allegations. 50. 51. Staples denies the allegations of Paragraph 50 of the Complaint. Paragraph 5l of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 51 and therefore denies those allegations. 52. Paragraph 52 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph52 andtherefore denies those allegations. 53. Paragraph 53 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 53 and therefore denies those allegations. 54. Paragraph 54 of the Complaint is not directed at Staples. To the extent any response is necessary, Staples lacks knowledge and information sufflrcient to form a belief as to the truth of the allegations of Paragraph 54 and therefore denies those allegations. 55. Staples admits that following commencement of this case it obtained knowledge of the'906 patent and denies the remaining allegations of Paragraph 55 of the Complaint. With respect to the other Defendants, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 55 of the Complaint and therefore denies those allegations. 56. With respect to Staples, Staples denies the allegations of Paragraph 56 of the Complaint. V/ith respect to the other Defendants, Staples lacks knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph 56 and therefore denies those allegations. 57. V/ith respect to Staples, Staples denies the allegations of Paragraph 57 of the Complaint. With respect to the other Defendants, Staples lacks knowledge and information suffrcient to form a belief as to the truth of the allegations of Paragraph 57 and therefore denies those allegations. 58. With respect to Staples, Staples denies the allegations of Paragraph 58 of the Complaint. With respect to the other Defendants, Staples lacks knowledge and information suffrcient to form a belief as to the truth of the allegations of Paragraph 58 and therefore denies those allegations. ANSWER TO PRAYER FOR RELIEF 59. Staples denies that Plaintiff is entitled to any of the relief requested in the Complaint for Patent Infringement. DEF'ENSES Without conceding that any of the following necessarily must be pled as an affirmative defense, or that any of the following is not already at issue by virtue of the foregoing denials, and without prejudice to Staples' right to plead additional defenses as discovery into the facts of the matter may waffant, Staples hereby asserts the following defenses. Staples specifically reserves the right to amend its defenses further as additional information is developed through discovery or otherwise. F'IRST DEFENSE Staples does not infringe and has not infringed (either directly, contributorily, or by inducement) any claim doctrine of equivalents. of the '906 Patent and the '985 Patent either literally or under the SECOND DEF'ENSE The claims of the '906 Patent and the '985 Patent are invalid and./or unenforceable for failing to meet the requirements of one or more sections of Title 35, United States Code, including at least sections 102, 103, and/or Federal Regulations. ll2, and one or more sections of Title 37, Code of THIRD DEFENSE Plaintiffls claim for damages is limited in time by 35 U.S.C. $ 286. F'OURTH DEF'ENSE The Complaint fails to plead, and Plaintiff cannot carry its burden to prove, compliance with, or an exception to, the notice requirements of the patent laws, Title 35 of the United Code, including, but not limited to, 35 U.S.C. States 287, and therefore alleged damages, if any, predating Plaintiffs assertion of the '906 Patent and the '985 Patent against Staples are not recoverable by Plaintiff. FIFTH DEFENSE Plaintiff s Complaint fails to state a claim for which relief can be granted. l0 SIXTH DEFENSE The claims stated in the Complaint are bared by the doctrines of laches, estoppel, or other equitable defenses. SEVENTH DEF'ENSE Plaintiff s claims for relief are limited by patent exhaustion and/or implied license. EIGHTH DEFENSE Plaintiff is estopped from asserting a construction of any claim of the '906 Patent and/or the '985 Patent in any manner inconsistent with prior positions taken before the United States Patent and Trademark Office or any court of law. REQUESTS F'OR RELIEF Staples respectfully requests that this Court grant the following relief: A. B. C. Dismissal prejudice; of the Complaint for Patent Infringement against Staples with A declaration that Plaintiff recovers nothing from Staples; An order enjoining Plaintiff, its owners, agents, employees, attorneys, and representatives, and any successors or assigns thereot from charging or asserting infringement of any claim of the '906 Patent and the '985 Patent against Staples or anyone in privity with Staples; D. E. An award to Staples of its reasonable attomeys' fees and costs; and Such other and further relief as the Court deems just and proper. t1 JURY DEMAND Under Federal Rule of Civil Procedure 38(b), Staples respectfully requests atnal by jury on all maffers raised in its Answer, and Defenses, or in the Complaint for Patent Inftingement. Date: December23,2009 Respectfully submitted, OF COUNSEL: Mark G. Matuschak Donald R. Steinberg WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 /s/ Michael E. Richardson Michael E. Richardson Texas Bar No. 24002838 BECK REDDEN & SECREST D2t McKinney, Suite 4500 Housron, TX770I0 Telephone: (7 13) 951 -6284 Facsimile: (7 13) 95 I -37 20 mrichardson@brsfirm.com mark.matuschak@wilmerhale.com ATTORNEyS FOR DEFENDANT donald.steinberg@wilmerhale.com STApLES, INC. Kate Hutchins WILMER CUTLER PICKERING HALE AND DORR LLP 399 Park Avenue New York, NY 10011 Telephone : (212) 23 0 -8800 Facsimile: (2 12) 230-8888 kate. hutchins@wilmerhale. com Daniel V. Williams V/ILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue NV/ Washington, DC 20006 Telephone : (202) 663 -6000 Facsimile: (202) 663 -63 63 daniel.williams@wilmerhale. com t2 CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CMCF system per Local Rule CV-5(aX3). Any other counsel of record will be served by facsimile transmission and/or first class mail this 23 day of December,2}}9. /s/ Michael E. Richardson Michael E. Richardson 13

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