Parallel Networks, LLC v. Adidas America, Inc. et al

Filing 170

Plaintiff's ANSWER to #132 Answer to Complaint, Counterclaim Plaintiff's Answer to the Counterclaims of Herman Miller, Inc. by Parallel Networks, LLC.(Tadlock, Charles)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Parallel Networks, LLC, Plaintiff, v. Adidas America, Inc., et al., Defendants. PLAINTIFF'S ANSWER TO THE COUNTERCLAIMS OF HERMAN MILLER, INC. Plaintiff Parallel Networks, LLC ("Parallel Networks") hereby Answers the Counterclaims [Dkt. No. 132] of Defendant Herman Miller, Inc. ("Herman Miller"), by corresponding paragraph number as follows: COUNTERCLAIMS THE PARTIES 1. 2. Admitted. Admitted. JURISDICTION AND VENUE 3. 4. 5. 6. Admitted. Admitted. Admitted. Admitted. COUNT I--DECLARATORY JUDGMENT OF NON-INFRINGEMENT 7. Parallel Networks incorporates by reference its statements in and responses to the No. 6:10-cv-00491-LED Jury Trial Demanded

preceding paragraphs 1-6 as if fully set forth herein. 1

8. 9. 10.

Admitted. Denied. Denied. COUNT II--DECLARATORY JUDGMENT OF INVALIDITY

11.

Parallel Networks incorporates by reference its statements in and responses to the

preceding paragraphs 1-10 as if fully set forth herein. 12. Denied. PRAYER FOR RELIEF Parallel Networks denies that Herman Miller is entitled to any relief, including that requested in its Prayer for Relief. DEMAND FOR A JURY TRIAL Herman Miller's Demand for a Jury Trial is an averment to which no responsive pleading is required.

Dated: October 28, 2010

Respectfully submitted, By: /s/ Charles Craig Tadlock Charles Craig Tadlock Texas State Bar No. 00791766 TADLOCK LAW FIRM 400 E. Royal Lane, Suite 290 Irving, Texas 75039 214-785-6014 (phone) [e-mail] and 315 N. Broadway, Suite 307 Tyler, Texas 75702 903-283-2758 (phone)

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George S. Bosy (pro hac vice) David R. Bennett (pro hac vice) Bosy & Bennett 300 N. La Salle St. 49th Floor Chicago, IL 60654 Telephone: [phone] Email: [e-mail] [e-mail] ATTORNEYS FOR PLAINTIFF PARALLEL NETWORKS, LLC

CERTIFICATE OF SERVICE I hereby certify that counsel of record who are deemed to have consented to electronic service are being served this 28th day of October, 2010, 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 electronic mail, facsimile transmission and/or first class mail on this same date. /s/ Charles Craig Tadlock One of the Attorneys for Parallel Networks, LLC

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