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

Filing 384

Plaintiff's ANSWER to #279 Answer to Complaint, Counterclaim of BBY Solutions, Inc., and Bestbuy.com, LLC 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 BBY SOLUTIONS, INC. AND BESTBUY.COM, LLC Plaintiff Parallel Networks, LLC ("Parallel Networks") hereby Answers the Counterclaims [Dkt. No. 279] of Defendants BBY Solutions, Inc. and BestBuy.com, LLC (collectively "BestBuy"), by corresponding paragraph number as follows: ANSWER TO COUNTERCLAIMS PARTIES 1. 2. 3. Admitted. Admitted. Admitted. JURISDICTION AND VENUE 4. 5. 6. 7. Admitted. Admitted. Admitted. Admitted. CAUSES OF ACTION No. 6:10-cv-00491-LED Jury Trial Demanded

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8.

Admits that this is an action for a declaratory judgment, but denies that Best Buy

is entitled to such relief, or any further relief. 9. Admitted. FIRST COUNTERCLAIM (Declaratory Judgment of Non-Infringement of the `111 patent) 10. Parallel Networks incorporates by reference its statements in and responses to the

preceding paragraphs 1-9 as if fully set forth herein. 11. 12. Denied. Denied. SECOND COUNTERCLAIM (Declaratory Judgment of Invalidity of the `111 patent) 13. Parallel Networks incorporates by reference its statements in and responses to the

preceding paragraphs 1-12 as if fully set forth herein. 14. Admitted that Best Buy alleges that the claims of the `111 patent are invalid for

failure to meet the conditions of patentability and/or otherwise comply with one or more provisions of the patent laws of the United States, but denies such allegations and denies that the claims of the `111 patent are invalid for any reason. 15. Denied. PRAYER FOR RELIEF Parallel Networks denies that Best Buy is entitled to any relief, including that requested in its Prayer for Relief. DEMAND FOR A JURY TRIAL Best Buy's Demand for a Jury Trial is an averment to which no responsive pleading is required.

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Dated: December 16, 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) 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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