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

Filing 403

Plaintiff's ANSWER to #352 Answer to Complaint, Counterclaim of Nautica Retail USA, Inc. by Parallel Networks, LLC.(Tadlock, Charles)

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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. et al. Defendants PLAINTIFF'S ANSWER TO THE COUNTERCLAIMS OF NAUTICA RETAIL USA, INC. Plaintiff Parallel Networks, LLC ("Parallel Networks") hereby Answers the Counterclaims [Dkt. No. 352] of Defendant Nautica Retail USA, Inc. ("Nautica"), by corresponding paragraph number as follows: ANSWER TO COUNTERCLAIMS The Parties 1. 2. Admitted. Admitted. Jurisdiction and Venue 3. 4. Admitted. Admitted. Factual Background 5. 6. Admitted. Denied. No. 6:10-cv-00491-LED Jury Trial Demanded 1 7. Admitted that there is an actual case or controversy between the parties over the non-infringement, invalidity, unpatentability, and/or unenforceability of the `111 patent, but deny the remaining allegations. Count One Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,446,111 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. 11. Admitted. Admitted. Denied. Count Two Declaratory Judgment of Invalidity of U.S. Patent No. 6,446,111 12. Parallel Networks incorporates by reference its statements in and responses to the preceding paragraphs 1-7 as if fully set forth herein. 13. 14. 15. Admitted. Admitted. Denied. PRAYER FOR RELIEF Parallel Networks denies that Nautica is entitled to any relief, including that requested in its Prayer for Relief. DEMAND FOR A JURY TRIAL Nautica's Demand for a Jury Trial is an averment to which no responsive pleading is required. 2 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) craig@tadlocklawfirm.com 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: (312) 803-0437 Email: gbosy@bosybennett.com dbennett@bosybennett.com 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 3

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