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

Filing 396

Plaintiff's ANSWER to #259 Answer to Complaint, Counterclaim of Jill Acquisition 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 JILL ACQUISITION LLC Plaintiff Parallel Networks, LLC ("Parallel Networks") hereby Answers the Counterclaims [Dkt. No. 259] of Defendant Jill Acquisition LLC ("J. Jill"), by corresponding paragraph number as follows: ANSWER TO COUNTERCLAIMS INTRODUCTION 320. Admits that through its counterclaims, J. Jill purports to seek a declaration by the No. 6:10-cv-00491-LED Jury Trial Demanded

Court that it does not infringe the patent-in-suit and that the patent-in-suit is invalid, but denies that J. Jill is entitled to such relief, or any further relief. Parallel Networks denies the remaining allegations of paragraph 320 of Defendant's Counterclaims. PARTIES 321. 322. Admitted. Admitted. JURISDICTION 323. Admitted. THE PATENT 1

324.

Admitted. EXISTENCE OF AN ACTUAL CONTROVERSY

325. 326. 327. 328.

Admitted. Admitted. Admitted. Parallel Networks lacks sufficient knowledge to admit or deny the allegation and

therefore denies the allegation. FIRST COUNTERCLAIM [Declaration of Non-Infringement of the `739 [sic, `111] patent] 329. Parallel Networks incorporates by reference its statements in and responses to the

preceding paragraphs as if fully set forth herein. 330. 331. 332. Admitted. Admitted. Admits that J. Jill requests a judicial declaration that it neither has infringed, nor

is infringing, the patent-in-suit, but denies that J. Jill is entitled to such relief, or any further relief. SECOND COUNTERCLAIM [Declaration of Invalidity of the `739 [sic, `111] patent] 333. Parallel Networks incorporates by reference its statements in and responses to the

preceding paragraphs as if fully set forth herein. 334. 335. Admitted. Admitted.

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336.

Admits that J. Jill requests a judicial declaration that the claims of the patent-in-

suit are invalid and unenforceable, but denies that J. Jill is entitled to such relief, or any further relief. PRAYER FOR RELIEF Parallel Networks denies that J. Jill is entitled to any relief, including that requested in its Prayer for Relief. JURY DEMAND J. Jill'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) 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 3

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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