Bid for Position, LLC v. AOL, LLC et al

Filing 33

Bid for Position, LLC v. AOL, LLC et al

Doc. 33

Case 2:07-cv-00582-JBF-TEM

Document 33

Filed 01/27/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division BID FOR POSITION, LLC, Plaintiff, v. AOL, LLC, GOOGLE, INC., MICROSOFT CORP., and MIVA, INC., Defendants. CASE NO. 2:07-cv-582 JBF/TEM Jury Trial Demanded

REPLY OF BID FOR POSITION, LLC TO COUNTERCLAIMS OF GOOGLE INC. Plaint iff Bid for Position, LLC ("Bid For") hereby answers the counterclaims of Defendant Google Inc. ("Google"). The paragraphs in this reply are numbered to correspond to the paragraph numbers in Google's counterclaims. All of the allegations of the counterclaims not specifically admitted herein are specifically denied. COUNTERCLAIMS PARTIES 1. counterclaims. 2. counterclaims. JURISDICTION AND VENUE 3. Bid For denies the allegations contained in paragraph 3 of Google's Bid For admits the allegations contained in paragraph 2 of Google's Bid For admits the allegations contained in paragraph 1 of Google's

counterclaims, except to the extent that it admits that this court has jurisdiction.

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4. counterclaims.

Bid For admits the allegations contained in paragraph 4 of Google's

COUNTERCLAIMS 5. Bid For denies the allegations contained in paragraph 5 of Google's

counterclaims, except to the extent that it admits (1) that the `151 patent was issued by the United States Patent and Trademark Office on May 29, 2007, and (2) that Plaintiff claims to be the owner of the `151 patent. 6. counterclaims. 7. counterclaims. FIRST CAUSE OF ACTION: Declaratory Judgment of Non-Infringement 8. Bid For repeats and incorporates by reference its responses to the facts and Bid For admits the allegations contained in paragraph 7 of Google's Bid For admits the allegations contained in paragraph 6 of Google's

allegations in paragraphs 1 through 7 of its reply to Google's counterclaims as if fully set forth herein. With respect to Google's incorporation of paragraphs 1 through 21 of its answer and defenses, paragraphs 1 through 21 of Google's answer do not appear to contain any allegations, so no response appears necessary. To the extent that paragraphs 1 through 21 of Google's answer contain any allegations, Bid For denies those allegations. Bid For denies the allegations contained in Google's defenses. 9. counterclaims. Bid For denies the allegations contained in paragraph 9 of Google's

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SECOND CAUSE OF ACTION: Declaratory Judgment of Invalidity and/or Unenforceability 10. Bid For repeats and incorporates by reference its responses to the facts and

allegations in paragraphs 1 through 9 of its reply to Google's counterclaims as if fully set forth herein. With respect to Google's incorporation of paragraphs 1 through 21 of its answer and defenses, paragraphs 1 through 21 of Google's answer do not appear to contain any allegations, so no response appears necessary. To the extent that paragraphs 1 through 21 of Google's answer contain any allegations, Bid For denies those allegations. Bid For denies the allegations contained in Google's defenses. 11. counterclaims. EXCEPTIONAL CASE 12. counterclaims. RELIEF REQUESTED Plaint iff and Counterclaim Defendant Bid For denies that Google is entitled to the relief it seeks or any relief for the allegations made in its Answer or Counterclaims. Plaintiff and Counterclaim Defendant Bid For requests that judgment be entered in its favor on all issues and it be awarded the appropriate damages, exceptional damages, costs, and attorneys' fees. DEMAND FOR JURY TRIAL Bid For demands trial by jury of all issues so triable. Bid For denies the allegations contained in paragraph 12 of Google's Bid For denies the allegations contained in paragraph 11 of Google's

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Dated: January 27, 2008

Respect fully submitted, By: /s/ R. Braxton Hill, IV Virginia State Bar No. 41539 Email: [e-mail] Craig T. Merritt Virginia State Bar No. 20281 Email: [e-mail] Nicho le Buck Vanderslice Virginia State Bar No. 42637 Email: [e-mail] Christian & Barton, LLP 909 East Main Street, Suite 1200 Richmo nd, Virginia 23219-3095 Telephone: [phone] Facsimile: 804-697-4112 Gregory S. Dovel CA State Bar No. 135387 Email: [e-mail] Christ in Cho CA State Bar No. 238173 Email: [e-mail] Dovel & Luner, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: [phone] Facsimile: 310-657-7069 David Rosen CA State Bar No. 155385 Email: [e-mail] Murphy, Rosen & Cohen LLP 100 Wilshire Boulevard Suite 300 Santa Monica, CA 9040l Telephone: [phone] Facsimile: 310-399-7201 ATTORNEYS FOR PLAINTIFF BID FOR, INC.

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CERTIFICATE OF SERVICE I hereby certify that on January 27, 2008, I will electronically file the foregoing with the Clerk of Court using the CM/ECF system, which will then send a notification of such filing (NEF) to the following: Richard A Cederoth Attorney for Microsoft Corp. Sidley Aust in LLP 1 S Dearborn St Chicago, IL 60603 [phone] [phone] (fax) [e-mail] William David Dolan, III Attorney for Microsoft Corp. Venable LLP 8010 Towers Crescent Dr Suite 300 Vienna, VA 22182-5601 703-760-1684 703-821-8949 (fax) [e-mail] Charles Paul Chalmers Attorney for Google, Inc. Wilson Sonsini Goodrich & Rosati PC 1700 K St NW Suite 500 Washington, DC 20006-3817 202-973-8800 202-973-8899 (fax) [e-mail] /s/ R. Braxton Hill, IV (VSB 41539) Attorney for Bid for Position, LLC Christian & Barton, LLP 909 East Main Street, Suite 1200 Richmo nd, Virginia 23219-3095 Telephone: [phone] Facsimile: [phone] Email: [e-mail]
855449

John Curtis Lynch Attorney for AOL, LLC Troutman Sanders LLP 150 W Main St Suite 1600 Norfolk, VA 23510 757-687-7765 757-687-1504 (fax) [e-mail] Edward Kyle McNew Attorney for AOL, LLC Troutman Sanders LLP 150 W Main St Suite 1600 Norfolk, VA 23510 757-687-7765 757-687-1504 (fax) [e-mail]

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