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)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 167

IN THE I]NITED STATES DISTRICT COURT FOR THE EÄSTERN 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 arñ 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 Søples. 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

ç 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: [phone] Facsimile: [phone]

/s/ Michael E. Richardson Michael E. Richardson Texas Bar No. 24002838 BECK REDDEN & SECREST D2t McKinney, Suite 4500 Housron, TX770I0 Telephone: [phone] Facsimile: (7 13) 95 I -37 20 [e-mail]

[e-mail] ATTORNEyS FOR DEFENDANT [e-mail] STApLES, INC.
Kate Hutchins WILMER CUTLER PICKERING HALE AND DORR LLP 399 Park Avenue New York, NY 10011 Telephone : [phone] 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 : [phone] 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 CMÆCF system per Local Rule CV-5(aX3). Any other counsel of record will be served by facsimile transmission and/or first class mail this 23ñ day of December,2}}9.

/s/ Michael E. Richardson Michael E. Richardson

13