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

Filing 341

ANSWER to #1 Complaint,,,,,,,, COUNTERCLAIM against Parallel Networks, LLC by Aeropostale, Inc..(Hawes, Clay)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION PARALLEL NETWORKS, LLC, Plaintiff, v. ADIDAS AMERICA, INC.; ADIDAS INTERACTIVE, INC.; A�ROPOSTALE, INC.; AMERICAN GIRL, LLC; AMERICAN SUZUKI MOTOR CORPORATION; ANDERSEN CORPORATION; ANDERSEN WINDOWS, INC.; ASICS AMERICA CORPORATION; AT&T INC.; BBY SOLUTIONS, INC.; BERGDORFGOODMAN.COM, LLC; BESTBUY.COM, LLC; BLOOMINGDALE'S, INC.; BRIGGS & STRATTON CORPORATION; BRIGGS & STRATTON POWER PRODUCTS GROUP, LLC; BRUNSWICK BILLIARDS, INC.; BRUNSWICK CORPORATION; CHICO'S RETAIL SERVICES, INC.; CITIZEN WATCH COMPANY OF AMERICA, INC.; DILLARD'S, INC.; EASTMAN KODAK COMPANY; GENERAL MOTORS LLC; THE GILLETTE COMPANY; THE GOODYEAR TIRE & RUBBER COMPANY; H-D MICHIGAN, INC.; HARLEY-DAVIDSON, INC.; HASBRO, INC.; HAYNEEDLE, INC.; HERMAN MILLER, INC.; HSN INTERACTIVE LLC; HSN LP; THE J. JILL GROUP, INC.; JILL ACQUISITION LLC; JONES INVESTMENT COMPANY, INC.; JONES RETAIL CORPORATION; KODAK IMAGING NETWORK, INC.; KOHL'S DEPARTMENT STORES, INC.; LG ELECTRONICS USA, INC.; MACY'S WEST STORES, INC.; MACYS.COM, INC.; MATTEL, INC.; MITSUBISHI MOTOR SALES OF AMERICA, INC.; MITSUBISHI MOTORS NORTH AMERICA, INC.; MOTOROLA, INC.; MOTOROLA DB1/66099079.1 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � CIVIL ACTION NO. 6:10-CV-00491-LED JURY TRIAL DEMANDED TRADEMARK HOLDINGS, LLC; NAUTICA APPAREL, INC.; NAUTICA RETAIL USA, INC.; NAVISTAR, INC.; NEW BALANCE ATHLETIC SHOW, INC.; NISSAN NORTH AMERICA, INC.; PRL USA HOLDINGS, INC.; THE PROCTER & GAMBLE COMPANY; RALPH LAUREN MEDIA LLC; RUSSELL BRANDS, LLC; SUBARU OF AMERICA, INC.; SUNGLASS HUT TRADING, LLC; VICTORIA'S SECRET; WOLVERINE WORLD WIDE IN.; and WOMEN'S APPAREL GROUP, LLC d/b/a BOSTON APPAREL GROUP, LLC, Defendants. � � � � � � � � � � � � � � � � ANSWER AND COUNTERCLAIMS OF DEFENDANT A�ROPOSTALE, INC., IN RESPONSE TO PARALLEL NETWORKS, LLC'S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT Defendant A�ropostale, Inc. ("A�ropostale"), answers Plaintiff Parallel Networks LLC's ("Parallel Networks") Original Complaint for Patent Infringement ("Complaint") as follows: PARTIES 1. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 1. 2. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 2. 3. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 3. 4. 5. A�ropostale admits the allegations in paragraph 4. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 5. DB1/66099079.1 2 6. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 6. 7. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 7. 8. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 8. 9. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 9. 10. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 10. 11. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 11. 12. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 12. 13. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 13. 14. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 14. 15. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 15. 16. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 16. DB1/66099079.1 3 17. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 17. 18. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 18. 19. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 19. 20. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 20. 21. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 21. 22. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 22. 23. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 23. 24. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 24. 25. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 25. 26. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 26. 27. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 27. DB1/66099079.1 4 28. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 28. 29. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 29. 30. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 30. 31. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 31. 32. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 32. 33. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 33. 34. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 34. 35. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 35. 36. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 36. 37. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 37. 38. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 38. DB1/66099079.1 5 39. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 39. 40. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 40. 41. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 41. 42. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 42. 43. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 43. 44. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 44. 45. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 45. 46. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 46. 47. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 47. 48. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 48. 49. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 49. DB1/66099079.1 6 50. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 50. 51. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 51. 52. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 52. 53. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 53. 54. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 54. 55. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 55. 56. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 56. 57. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 57. 58. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 58. 59. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 59. 60. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 60. DB1/66099079.1 7 61. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 61. JURISDICTION 62. With respect to the allegations set forth in paragraph 62, A�ropostale admits that this Court has subject matter jurisdiction over Parallel Networks' claims. A�ropostale admits that this Court has personal jurisdiction over it in this particular action. However, A�ropostale denies that it has committed acts in this jurisdiction that give rise to any cause of action by Parallel Networks and denies the remaining allegations in paragraph 62, as they relate to A�ropostale. To the extent the allegations in paragraph 62 are directed to other entities, A�ropostale is without knowledge or information sufficient to form a belief as to the truth of such allegations. 63. With respect to the allegations set forth in paragraph 63, A�ropostale admits that venue is proper in this judicial district, but denies that this district is a convenient or appropriate forum in which to proceed with this dispute. A�ropostale expressly reserves its rights under 28 U.S.C. � 1404. A�ropostale admits that this Court has personal jurisdiction over it in this particular action. However, A�ropostale denies that it has committed acts in this jurisdiction that give rise to any cause of action by Parallel Networks and denies the remaining allegations in paragraph 63, as they relate to A�ropostale. To the extent the allegations in paragraph 63 are directed to other entities, A�ropostale is without knowledge or information sufficient to form a belief as to the truth of such allegations. COUNT I 64. 65. A�ropostale admits the allegations in paragraph 64. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 65. DB1/66099079.1 8 66. With respect to the allegations set forth in paragraph 66, A�ropostale states that the claims of the `111 patent speak for themselves, and no responsive pleading is required. To the extent that a responsive pleading is required, A�ropostale admits that paragraph 66 seems to reflect an effort to paraphrase the limitations of claim 1 of the `111 patent, but denies that the patent "covers" such "systems and methods," as Parallel Networks has failed to include all of the required limitations recited in claim 1. 67. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 67. 68. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 68. 69. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 69. 70. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 70. 71. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 71. 72. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 72. 73. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 73. 74. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 74. 75. A�ropostale denies the allegations in paragraph 75. DB1/66099079.1 9 76. 77. 78. 79. A�ropostale denies the allegations in paragraph 76. A�ropostale denies the allegations in paragraph 77. A�ropostale denies the allegations in paragraph 78. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 79. 80. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 80. 81. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 81. 82. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 82. 83. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 83. 84. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 84. 85. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 85. 86. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 86. 87. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 87. 88. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 88. DB1/66099079.1 10 89. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 89. 90. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 90. 91. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 91. 92. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 92. 93. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 93. 94. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 94. 95. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 95. 96. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 96. 97. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 97. 98. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 98. 99. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 99. DB1/66099079.1 11 100. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 100. 101. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 101. 102. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 102. 103. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 103. 104. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 104. 105. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 105. 106. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 106. 107. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 107. 108. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 108. 109. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 109. 110. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 110. DB1/66099079.1 12 111. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 111. 112. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 112. 113. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 113. 114. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 114. 115. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 115. 116. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 116. 117. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 117. 118. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 118. 119. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 119. 120. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 120. 121. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 121. DB1/66099079.1 13 122. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 122. 123. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 123. 124. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 124. 125. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 125. 126. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 126. 127. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 127. 128. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 128. 129. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 129. 130. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 130. 131. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 131. 132. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 132. DB1/66099079.1 14 133. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 133. 134. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 134. 135. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 135. 136. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 136. 137. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 137. 138. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 138. 139. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 139. 140. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 140. 141. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 141. 142. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 142. 143. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 143. DB1/66099079.1 15 144. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 144. 145. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 145. 146. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 146. 147. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 147. 148. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 148. 149. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 149. 150. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 150. 151. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 151. 152. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 152. 153. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 153. 154. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 154. DB1/66099079.1 16 155. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 155. 156. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 156. 157. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 157. 158. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 158. 159. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 159. 160. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 160. 161. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 161. 162. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 162. 163. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 163. 164. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 164. 165. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 165. DB1/66099079.1 17 166. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 166. 167. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 167. 168. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 168. 169. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 169. 170. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 170. 171. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 171. 172. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 172. 173. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 173. 174. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 174. 175. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 175. 176. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 176. DB1/66099079.1 18 177. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 177. 178. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 178. 179. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 179. 180. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 180. 181. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 181. 182. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 182. 183. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 183. 184. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 184. 185. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 185. 186. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 186. 187. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 187. DB1/66099079.1 19 188. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 188. 189. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 189. 190. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 190. 191. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 191. 192. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 192. 193. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 193. 194. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 194. 195. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 195. 196. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 196. 197. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 197. 198. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 198. DB1/66099079.1 20 199. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 199. 200. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 200. 201. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 201. 202. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 202. 203. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 203. 204. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 204. 205. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 205. 206. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 206. 207. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 207. 208. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 208. 209. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 209. DB1/66099079.1 21 210. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 210. 211. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 211. 212. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 212. 213. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 213. 214. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 214. 215. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 215. 216. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 216. 217. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 217. 218. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 218. 219. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 219. 220. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 220. DB1/66099079.1 22 221. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 221. 222. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 222. 223. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 223. 224. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 224. 225. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 225. 226. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 226. 227. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 227. 228. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 228. 229. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 229. 230. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 230. 231. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 231. DB1/66099079.1 23 232. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 232. 233. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 233. 234. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 234. 235. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 235. 236. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 236. 237. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 237. 238. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 238. 239. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 239. 240. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 240. 241. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 241. 242. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 242. DB1/66099079.1 24 243. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 243. 244. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 244. 245. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 245. 246. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 246. 247. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 247. 248. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 248. 249. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 249. 250. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 250. 251. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 251. 252. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 252. 253. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 253. DB1/66099079.1 25 254. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 254. 255. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 255. 256. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 256. 257. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 257. 258. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 258. 259. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 259. 260. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 260. 261. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 261. 262. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 262. 263. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 263. 264. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 264. DB1/66099079.1 26 265. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 265. 266. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 266. 267. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 267. 268. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 268. 269. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 269. 270. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 270. 271. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 271. 272. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 272. 273. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 273. 274. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 274. 275. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 275. DB1/66099079.1 27 276. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 276. 277. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 277. 278. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 278. 279. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 279. 280. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 280. 281. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 281. 282. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 282. 283. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 283. 284. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 284. 285. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 285. 286. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 286. DB1/66099079.1 28 287. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 287. 288. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 288. 289. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 289. 290. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 290. 291. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 291. 292. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 292. 293. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 293. 294. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 294. 295. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 295. 296. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 296. 297. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 297. DB1/66099079.1 29 298. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 298. 299. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 299. 300. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 300. 301. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 301. 302. A�ropostale is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 302. 303. A�ropostale denies the allegations in paragraph 303, as they relate to A�ropostale. To the extent the allegations in paragraph 303 are directed to other entities, A�ropostale is without knowledge or information sufficient to form a belief as to the truth of such allegations. 304. The allegations in paragraph 304 relating to constructive notice are legal conclusions to which no responsive pleading is required; to the extent a response is required, A�ropostale denies the allegations, as they relate to constructive notice of A�ropostale. To the extent the allegations in paragraph 304 concerning constructive notice are directed to other entities, A�ropostale is without knowledge or information sufficient to form a belief as to the truth of such allegations. A�ropostale is without knowledge sufficient to form a belief as to the truth of the allegations regarding marking requirements. COUNT II 305. A�ropostale denies the allegations in paragraph 305, as they relate to A�ropostale. To the extent the allegations in paragraph 305 are directed to other entities, A�ropostale is DB1/66099079.1 30 without knowledge or information sufficient to form a belief as to the truth of such allegations. PRAYER FOR RELIEF These paragraphs set forth the statement of relief requested by Parallel Networks to which no response is required. A�ropostale denies that Parallel Networks is entitled to any of the requested relief and deny any allegations. DEMAND FOR JURY TRIAL This paragraph sets forth Parallel Networks' request for a jury trial and all issues triable of right before a jury to which no response is required. AFFIRMATIVE DEFENSES Subject to the responses above, A�ropostale alleges and asserts the following defenses in response to the allegations, undertaking the burden of proof only as to those defenses deemed affirmative defenses by law, regardless of how such defenses are denominated herein. In addition to the affirmative defenses described below, subject to its responses above, A�ropostale specifically reserves all rights to allege additional affirmative defenses that become known through the course of discovery. 306. The claims of the `111 patent are invalid and/or unpatentable for failure to satisfy one or more of the requirements of �� 101, 102, 103, 112, 132, 251 of Title 35 of the United States Code. 307. laches. 308. � 288. Parallel Networks' request for relief is barred or otherwise limited by 35 U.S.C. Parallel Networks' claims are barred, in whole or in part, by the doctrine of DB1/66099079.1 31 309. Parallel Networks cannot satisfy the requirements applicable to its request for injunctive relief and has an adequate remedy at law. 310. Parallel Networks' alleged damages are limited because it has not satisfied the requirements for obtaining damages under 35 U.S.C. � 287, and the limitations period further bars past damages claims. 311. A�ropostale reserves all affirmative defenses under Rule 8(c) of the Federal Rules of Civil Procedure, the Patent Laws of the United States, and any other defenses, at law or in equity, which may now exist or in the future may be available based on discovery and further factual investigation in this case. COUNTERCLAIMS A�ropostale, for its Counterclaims against Parallel Networks and upon information and belief, states and alleges as follows: THE PARTIES 1. Defendant/Counterclaim Plaintiff A�ropostale, Inc., is a Delaware corporation with its principal place of business in New York, New York. 2. On information and belief, plaintiff Parallel Networks, Inc. ("Parallel Networks"), is a Texas limited liability company with a place of business located in Tyler, Texas. JURISDICTION AND VENUE 3. Subject to A�ropostale's affirmative defenses and denials, A�ropostale alleges that this Court has jurisdiction over the subject matter of these Counterclaims under, without limitation, 28 U.S.C. �� 1331, 1367, 1338(a), 2201, and 2202, and venue for these Counterclaims is proper in this district. 4. This Court has personal jurisdiction over Parallel Networks. DB1/66099079.1 32 FACTUAL BACKGROUND 5. In its Complaint, Parallel Networks asserts that A�ropostale has infringed U.S. Patent No. 6,446,111 (the "`111 patent"). 6. The `111 patent is invalid, unpatentable, unenforceable, and/or has not been and is not infringed by A�ropostale, directly or indirectly. 7. Consequently, there is an actual case or controversy between the parties over the non-infringement, invalidity, unpatentability, and/or unenforceability of the `111 patent. COUNT ONE Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,446,111 8. A�ropostale restates and incorporates by reference its allegations in paragraphs 1 through 7 of its Counterclaims. 9. An actual case or controversy exists between A�ropostale and Parallel Networks whether the `111 patent is not infringed by A�ropostale. 10. A judicial declaration is necessary and appropriate so that A�ropostale may ascertain its rights regarding the `111 patent. 11. A�ropostale has not infringed and does not infringe, directly or indirectly, any valid and enforceable claim of the `111 patent. COUNT TWO Declaratory Judgment of Invalidity of U.S. Patent No. 6,446, 111 12. A�ropostale restates and incorporates by reference its allegations in paragraphs 1 through 7 of its Counterclaims. 13. An actual case or controversy exists between A�ropostale and Parallel Networks as to whether the claims of the `111 patent are invalid and/or unpatentable. DB1/66099079.1 33 14. A judicial declaration is necessary and appropriate so that A�ropostale may ascertain its rights as to whether the claims of the `111 patent are invalid and/or unpatentable. 15. The claims of the `111 patent are invalid and unpatentable for failure to meet the conditions of patentability and/or otherwise comply with one or more of 35 U.S.C. �� 101, 102, 103, 112, 132, and 251. PRAYER FOR RELIEF WHEREFORE, A�ropostale prays for judgment as follows: i. A�ropostale; ii. iii. A judgment in favor of A�ropostale on all of its Counterclaims; A declaration that A�ropostale has not infringed, contributed to the infringement A judgment dismissing with prejudice Parallel Networks' complaint against of, or induced others to infringe, either directly or indirectly, any valid claims of the `111 patent; iv. v. A declaration that the claims of the `111 patent are invalid and unpatentable; An injunction against Parallel Networks and its affiliates, subsidiaries, assigns, employees, agents, or anyone acting in privity or concert with Parallel Networks from charging infringement or instituting any legal action for infringement of the `111 patent against A�ropostale or anyone acting in privity with A�ropostale; vi. A judgment limiting or barring Parallel Networks' ability to enforce the `111 patent in equity; vii. Such other and further relief as this Court may deem just and proper. DB1/66099079.1 34 DEMAND FOR JURY TRIAL In accordance with Rule 38 of the Federal Rules of Civil Procedure and Local Rule CV38, A�ropostale respectfully demands a jury trial of all issues triable to a jury in this action. Dated: November 29, 2010 Respectfully submitted, By: /s/ C. Erik Hawes C. Erik Hawes State Bar No. 24042543 James Beebe State Bar No. 24038708 Shannon A. Lang State Bar No. 24070103 MORGAN, LEWIS & BOCKIUS LLP 1000 Louisiana Street, Suite 4000 Houston, TX 77002 Telephone No. (713) 890-5000 Telecopier No. (713) 890-5001 ehawes@morganlewis.com jbeebe@morganlewis.com slang@morganlewis.com ATTORNEYS FOR DEFENDANT/ COUNTERCLAIM PLAINTIFF A�ROPOSTALE, INC. DB1/66099079.1 35 CERTIFICATE OF SERVICE The undersigned hereby certifies that counsel of record who are deemed to have consented to electronic service are being served with a copy of the foregoing via the Court's CM/ECF system per Local Rule CV-5(a)(3) . Dated: November 29, 2010 By: /s/ C. Erik Hawes C. Erik Hawes DB1/66099079.1

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