Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1 :07-cv—OO367-SLR Document 20 Filed O9/20/2007 Page 1 of 4
Z IN THE UNITED STATES DISTRICT COURT
. FOR THE DISTRICT OF DELAWARE
CALLAWAY GOLF COMPANY, )
Plaintiftl g C.A. No. 07-367-SLR E
v. g JURY TRIAL DEMANDED
l ACUSHNET COMPANY, g
Defendant. g
ACUSHNET COMPANY’S REPLY TO PLAINTIFF’S
COUNTERCLAIMS IN REPLY
For its Reply to the Counterclaims in Reply by Callaway Golf Co. ("Callaway"),
Aeuslmet Golf Company ("Acushnet") responds and alleges as follows:
PARTIES
1. Acushnet is without knowledge or infomation sufficient to form a belief as to the
truth of the allegations set forth in paragraph 1.
2. Aeushnet admits the allegations set forth in paragraph 2.
3. Aeushnet admits the allegations set forth in paragraph 3.
A 4. Acnshnet admits the allegations set forth in paragraph 4.
T IURISDICTION AND VENUE
5. Acushnet admits that Callaway has filed counterclairns which purport to arise
under the Deelaratory Judgment Act and the United States Patent Laws, but otherwise denies the
remainder ofthe allegations of paragraph 5.
6. Acushnet admits that jurisdiction for patent infringement actions is based on 28
1 U.S.C. §§ 1331 and 1338, but otherwise denies the remainder ofthe allegations of paragraph 6.
7. Acushnet admits that it tiled counterclaims for patent infringement of the ‘ 142
and ‘0()3 patents, but otherwise denies the remainder ofthe allegations of paragraph 7.

Case 1:07-cv—OO367-SLR Document 20 Filed O9/20/2007 Page 2 of 4
. 8. Acushnet admits that it tiled counterclairns for patent infringement of the ‘ 142
and ‘003 patents, and admits that venue for patent infringement is based upon 28 U.S.C. § 1400,
_ but otherwise denies the remainder of the allegations of paragraph 8.
FIRST COUNTERCLAIM IN REPLY
(Declaratory Judgment of Invalidity and Noninfringement of the ’142 Patent)
9. Paragraphs 1 through 8 are reiterated and herein incorporated by reference.
‘ 10. Acushnet admits that it alleges to be the owner hy assignment ofthe ‘ 142 patent,
and that it has filed a counterclaim alleging that Callaway has infringed and continues to infringe
the ‘ 142 Patent, but otherwise denies the remainder ofthe allegations of paragraph 10.
; 11. Acushnet denies the allegations set forth in paragraph 11.
12. Acushnet denies the allegations set forth in paragraph 12.
SECOND COUNTERCLAIM IN REPLY
(Declaratory Judgment of Invalidity and Noninfringement of the ’003 Patent)
13. Paragraphs I through 8 are reiterated and herein incorporated by reference.
14. Acushnet admits that it alleges to he the owner by assignment of the ‘0O3 patent,
l and that it has tiled a counterclaim alleging that Callaway has infringed and continues to infringe
the *003 Patent, but otherwise denies the remainder ofthe allegations of paragraph 14.
15. Acushnet denies the allegations set forth in paragraph 15.
16. Acushnet denies the aliegations set forth in paragraph 16.
Z WI-IEREFORE, Acushnet prays for judgment and relief as follows:
A. That Ca1laway’s counterclaim for invalidity and nondnfringement of the ‘ 142
patent be dismissed with prejudice and that Callaway take nothing by way of that counterclaim;
E B. That Ca1laway’s counterclaim for invalidity and non—infringement ofthe ‘003
patent be dismissed vrdth prejudice and that Callaway take nothing by way of that counterclaim;
2

Case 1 :07-cv—OO367-SLR Document 20 Filed O9/20/2007 Page 3 of 4
Q C. That the Court enter judgment in favor of Acushnet and against Callaway on all
i claims;
D. That the Court declare this to be an exceptional case within the meaning of 35
usc. § 2225, g
I E. That the Court award Acushnet their costs in this action, together with reasonable
attorneys fees and pre-judgment interest; and
F. That this Court grant Acushnet such other relief as it deems just and proper.
S POTTER ANDERSON & CORROON LLP
OF COUNSEL: By: /s/ Richard L. Horwitz
Richard L. Horwitz (#2246)
Joshua C. Krumholz David E. Moore (#3983)
Thomas M. Johnston Hercules Plaza 6th Floor
Holland & Knight LLP 1313 N. Market Street
10 St. James Avenue llth Floor P.O. Box 95}.
C Boston, MA 02116 Wilmington, DE l9899
1 Tel: (6l7) 573-5820 Tel: (302) 984»6000
rhorwitz@,gotteranderson.eom
[email protected]
p Dated: September 20, 2007
: 820020 81957 Attorneys for Defendant Acushnet Company

Case 1 :07-cv—00367-SLR Document 20 Filed 09/20/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I, Richard L. Horwitz, hereby certify that on September 20, 2007, the attached document
was electronically tiled with the Clerk ofthe Court using CM/ECF which will send notification
7 to the registered attorney(s) ot` record that the document has been tiled and is available for
viewing and downloading.
I further certify that on September 20, 2007, I have Electronically Mailed the documents
to the following person(s):
Thomas L. Halkowslri Frank E. Scherkenbach
, Fish & Richardson P.C. Fish & Richardson P.C.
919 N. Market Street, Suite l 100 225 Franklin Street
P. O. Box 11l4 Boston, MA 02110-2804
Wilmington, DE 19899-11 I4 scherkenbach{q3fr.com
halkowski@,tr.com
John E. Gagttman Michael .1. Kane
Fish & Richardson P.C. William R. Woodford
12290 E1 Camino Real Fish & Richardson P.C.
San Diego, CA 92130 3300 Dain Rauscher Plaza
p gart.inaiig@),1i.com 60 South Sixth Street
i Minneapolis, MN 55402
l [email protected]
p [email protected]
/s/Richard L. Horwitz
Richard L. Horwitz
David E. Moore
Potter Anderson & Corroon LLP
Hercules Piaza -— Sixth Floor
- 13 l 3 North Market Street
Wilmington, DE l9899·~095l
§ (302) 984-6000
rhortwitz(@,potteranderson.com
- 804408 / 31957 d1noore(@,potteraiiderson.com