I/P Engine, Inc. v. AOL, Inc. et al

Filing 57

I/P Engine Inc.'s ANSWER to Counterclaim I/P ENGINE INC.S ANSWER TO AOL, INC.S COUNTERCLAIMS by I/P Engine, Inc..(Sherwood, Jeffrey)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
)
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Plaintiff and
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Counterclaim-Defendant,
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v.
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AOL, INC. et al.,
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)
Defendants and
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Counterclaim-Plaintiffs.
)
__________________________________________)
I/P ENGINE, INC.,

Civ. Action No. 2:11-cv-512

Jury Trial Demanded

I/P ENGINE INC.’S ANSWER TO AOL, INC.’S COUNTERCLAIMS
Plaintiff I/P Engine, Inc. (“I/P Engine”) hereby responds to Defendant AOL, Inc.’s
(“AOL”) Counterclaims, as follows:
THE PARTIES
1. I/P Engine admits, on information and belief, that AOL is a corporation duly
organized and existing under the laws of the state of Delaware, with its principal place of
business at 770 Broadway, New York, NY 10003.
2. I/P Engine admits that it is a corporation organized under the laws of the
Commonwealth of Virginia, with its principal place of business in New York, New York.
JURISDICTION AND VENUE
3. I/P Engine admits that this Court has subject matter jurisdiction over AOL’s
Counterclaims.
4. I/P Engine admits that it filed a patent infringement action against AOL asserting
U.S. Patent Nos. 6,314,420 (“the ‘420 patent”) and 6,775,664 (“the ‘664 patent”), that AOL has

denied infringement of the ‘420 patent and ‘664 patent, and that a controversy exists between
AOL and I/P Engine as to the validity of and AOL’s infringement of the ‘420 and ‘664 patents.
5. I/P Engine admits that this Court has personal jurisdiction.
6. I/P Engine admits that venue is proper in this District for the present action.
COUNT I
(FIRST COUNTERCLAIM FOR DECLARATORY JUDGMENT OF
NON-INFRINGEMENT OF THE ‘420 PATENT)
7. I/P Engine incorporates its responses to paragraphs 1 through 6 above as if fully set
forth herein.
8. I/P Engine denies the allegations of paragraph 8 of AOL’s Counterclaims.
9. I/P Engine denies the allegations of paragraph 9 of AOL’s Counterclaims.
COUNT II
(SECOND COUNTERCLAIM FOR DECLARATORY JUDGMENT OF
NON-INFRINGEMENT OF THE ‘664 PATENT)
10. I/P Engine incorporates its responses to paragraphs 1 through 9 above as if fully set
forth herein.
11. I/P Engine denies the allegations of paragraph 11 of AOL’s Counterclaims.
12. I/P Engine denies the allegations of paragraph 12 of AOL’s Counterclaims.
COUNT III
(THIRD COUNTERCLAIM FOR DECLARATORY JUDGMENT THAT
ONE OR MORE CLAIMS OF THE ‘420 PATENT ARE INVALID)
13. I/P Engine incorporates its responses to paragraphs 1 through 12 above as if fully set
forth herein.
14. I/P Engine denies the allegations of paragraph 14 of AOL’s Counterclaims.
15. I/P Engine denies the allegations of paragraph 15 of AOL’s Counterclaims.

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COUNT IV
(FOURTH COUNTERCLAIM FOR DECLARATORY JUDGMENT THAT
ONE OR MORE CLAIMS OF THE ‘664 PATENT ARE INVALID)
16. I/P Engine incorporates its responses to paragraphs 1 through 15 above as if fully set
forth herein.
17. I/P Engine denies the allegations of paragraph 17 of AOL’s Counterclaims.
18. I/P Engine denies the allegations of paragraph 18 of AOL’s Counterclaims.
PRAYER FOR RELIEF
19. I/P Engine denies that AOL is entitled to any relief, including the relief requested in
the Counterclaims.
JURY DEMAND
I/P Engine demands a jury trial on all issues in AOL’s Counterclaims.

Dated: December 5, 2011

By:
/s/ Jeffrey K. Sherwood
Jeffrey K. Sherwood (VA#19222)
Frank C. Cimino, Jr. (Admitted pro hac vice)
Kenneth W. Brothers (Admitted pro hac vice)
Charles J. Monterio, Jr. (VA#70206, admitted pro hac vice)
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff I/P Engine, Inc.

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CERTIFICATE OF SERVICE

I hereby certify that on this 5th day of December, 2011, the foregoing I/P ENGINE
INC.’S ANSWER TO AOL, INC.’S COUNTERCLAIMS, was served through the Court’s
CM/ECF system on the following:

Stephen Edward Noona
Kaufman & Canoles, P.C.
150 W Main St
Suite 2100
Norfolk, VA 23510
[e-mail]
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
[e-mail]
[e-mail]
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
[e-mail]
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
[e-mail]

/s/ Armands Chagnon
Senior Paralegal

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