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

Filing 394

Plaintiff's ANSWER to #285 Answer to Complaint, Counterclaim of Hayneedle, 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 HAYNEEDLE, INC. Plaintiff Parallel Networks, LLC ("Parallel Networks") hereby Answers the Counterclaims [Dkt. No. 285] of Defendant Hayneedle, Inc. ("Hayneedle"), by corresponding paragraph number as follows: ANSWER TO COUNTERCLAIMS PARTIES 1. 2. Admitted. Admitted. JURISDICTION AND VENUE 3. 4. Admitted. Admitted. COUNTERCLAIM 1 DECLARATION OF NONINFRINGEMENT 5. Parallel Networks incorporates by reference its statements in and responses to the No. 6:10-cv-00491-LED Jury Trial Demanded

preceding paragraphs 1-4 as if fully set forth herein. 6. Admitted.

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7.

Admits that Hayneedle requests a declaration by the Court that it has not and does

not infringe the `111 Patent, either directly or indirectly, but denies that Hayneedle is entitled to such relief, or any further relief. COUNTERCLAIM II DECLARATION OF INVALIDITY 8. Parallel Networks incorporates by reference its statements in and responses to the

preceding paragraphs 1-7 as if fully set forth herein. 9. 10. Admitted. Admits that Hayneedle requests a declaration by the Court that the claims of the

`111 Patent are invalid, but denies that Hayneedle is entitled to such relief, or any further relief. PRAYER FOR RELIEF Parallel Networks denies that Hayneedle is entitled to any relief, including that requested in its Prayer for Relief. JURY DEMAND Hayneedle'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 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 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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