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

Filing 50

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

Doc. 5

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

PLAINTIFF AND COUNTERDEFENDANT BID FOR POSITION, LLC REPLY TO COUNTERCLAIMS OF DEFENDANT MIVA, INC. Plaint iff Bid for Position, LLC ("Bid For") hereby answers the counterclaims of Defendant MIVA, Inc. ("MIVA"). The paragraphs in this reply are numbered to correspond to the paragraph numbers in MIVA'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. counterclaims. Bid For admits the allegations contained in paragraph 3 of MIVA's Bid For admits the allegations contained in paragraph 2 of MIVA's Bid For admits the allegations contained in paragraph 1 of MIVA's

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4. counterclaims.

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

COUNTERCLAIMS 5. counterclaims. 6. Bid For denies the allegations contained in paragraph 5 of MIVA's counterclaims, Bid For admits the allegations contained in paragraph 5 of MIVA's

except to the extent that it admits that Bid For Position has alleged that certain acts by MIVA have infringed upon the `151 patent. 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 6 of MIVA's

allegations in paragraphs 1 through 7 of its reply to MIVA's counterclaims as if fully set forth herein. With respect to MIVA's incorporation of paragraphs 1 through 21 of its Answer,

paragraphs 1 through 21 do not appear to contain any allegations, so no response appears necessary. To the extent that paragraphs 1 through 21 of MIVA's Answer contain any allegations, Bid For denies those allegations. With respect to MIVA's incorporation of paragraphs 22 through 25 of its Affirmative Defenses, Bid For denies the allegations contained in those paragraphs. 9. Bid For denies the allegations contained in paragraph 9 of MIVA's counterclaims.

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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 MIVA's counterclaims as if fully set forth herein. With respect to MIVA's incorporation of paragraphs 1 through 21 of its Answer,

paragraphs 1 through 21 do not appear to contain any allegations, so no response appears necessary. To the extent that paragraphs 1 through 21 of MIVA's Answer contain any allegations, Bid For denies those allegations. With respect to MIVA's incorporation of paragraphs 22 through 26 of its Defenses, Bid For denies the allegations contained in those paragraphs. 11. counterclaims. EXCEPTIONAL CASE 12. counterclaims. RELIEF REQUESTED Plaint iff and Counterclaim Defendant Bid For denies that MIVA 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 MIVA's Bid For denies the allegations contained in paragraph 11 of MIVA's

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Dated: February 18, 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 February 18, 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 Kramer Verhoeven Attorney for Google, Inc. Quinn Emanuel Urquhart Oliver & Hedges 50 California St 22nd Floor San Francisco, CA 94111 [phone] Fax: [phone] Email: [e-mail] Stephen Edward Noona Attorney for Google, Inc. Kaufman & Canoles PC 150 W Main St PO Box 3037 Norfolk, VA 23510 [phone] Email: [e-mail] 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] Dana Johannes Finberg Attorney for MIVA, Inc. LeClair Ryan PC PO Box 2499 Richmond, VA 23218-2499 804-916-7109 Fax: [phone] Email: [e-mail]

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/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]
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