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

Filing 382

Plaintiff's ANSWER to #326 Answer to Complaint, Counterclaim of Anderson Windows, 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 ANDERSEN WINDOWS, INC. Plaintiff Parallel Networks, LLC ("Parallel Networks") hereby Answers the Counterclaims [Dkt. No. 326] of Defendant Andersen Windows, Inc. ("Andersen"), by corresponding paragraph number as follows: ANSWER TO COUNTERCLAIMS The Parties 313. 314. Admitted. Admitted. Jurisdiction 315. 316. Admitted. Admitted. Count I Declaratory Relief Regarding Non-Infringement 317. Admitted. No. 6:10-cv-00491-LED Jury Trial Demanded

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318.

Admits that Andersen requests a declaration by the Court that it does not infringe

any claim of the `111 Patent under any theory, but denies that Andersen is entitled to such relief, or any further relief. Count II Declaratory Relief Regarding Invalidity 319. 320. Admitted. Admits that Andersen requests a declaration by the Court that the claims of the

`111 Patent are invalid, but denies that Andersen is entitled to such relief, or any further relief. Count III Declaratory Relief Regarding Unenforceability 321. 322. Admitted. Admits that Andersen requests a declaration by the Court that the claims of the

`111 Patent are unenforceable, but denies that Andersen is entitled to such relief, or any further relief. PRAYER Parallel Networks denies that Andersen is entitled to any relief, including that requested in its Prayer for Relief. JURY DEMAND Andersen's Jury Demand is an averment to which no responsive pleading is required.

Dated: December 16, 2010

Respectfully submitted, By: /s/ Charles Craig Tadlock Charles Craig Tadlock Texas State Bar No. 00791766 TADLOCK LAW FIRM 2

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) 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 16th day of December, 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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