Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:07-cv-00226-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

VOITH PAPER GMBH & CO. KG,
Plaintiff,
V.

C.A. No. 07-226-JJF

JOHNSONFOILS, INC., Defendant. PLAINTIFF VOITH PAPER GMBH & CO. KG'S RESPONSE TO DEFENDANT JOHNSONFOILS INC.'S COUNTERCLAIMS Plaintiff VOITH PAPER GMBH & CO. KG (hereinafter referred to as "Plaintiffs') by and through its attorneys, hereby responds to Defendant JOHNSONFOILS, INC.'s (hereinafter referred to as "JOHNSONFOILS" or "Defendant") counterclaims, as follows: THE PARTIES 1. 2. 3. Admitted. Admitted. Upon information and belief, Defendant's principal place of business is located at

4399 Corporate Road, Charleston, South Carolina 29105. JURISDICTION AND VENUE 4. Plaintiff admits that jurisdiction and venue in this Court is proper, but denies

Defendant's additional characterizations and other assertions. 5. 6. Admitted. Admitted.

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BACKGROUND 7. Plaintiff admits that Defendant modifies paper forming machines . Plaintiff is without

information or belief to affirm or deny the remaining allegations of paragraph 7 and therefore denies the sarne. 8. Plaintiff admits that it filed a Complaint alleging that JohnsOnFoils infringes the

Patents-in-Suit. 9. Plaintiff admits that the Patents -in-Suit were attached'to the Complaint.

PLAINTIFF'S RESPONSE TO DEFENDANT ' S FIRST COUNTERCLAIM FOR A DECLARATORY JUDGMENT OF NONINFRINGEMENT OF THE PATENTS-IN-SUIT

10.

Plaintiff hereby incorporates its responses to paragraphs 1-9 of Defendant's

counterclaims to Defendant ' s counterclaim paragraph 10 as if fully set forth herein. 11. No response to Defendant's paragraph 11 is required because it merely states a legal

conclusion . To the extent that paragraph 11 is deemed to require a response, it is denied. 12. No response to Defendant ' s paragraph 12 is required because it merely states a legal

conclusion. To the extent that paragraph 12 is deemed to require a response , it is denied. 13. No response to Defendant's paragraph 13 is required because it merely states a legal

conclusion . To the extent that paragraph 13 is deemed to require a response , it is denied. 14. No response to Defendant's paragraph 14 is required because it merely states a legal

conclusion. To the extent that paragraph 14 is deemed to require a response, it is denied. 15. No response to Defendant ' s paragraph 15 is required because it merely states a legal

conclusion. To the extent that paragraph 15 is deemed to require a response, it is denied.
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16.

No response to Defendant ' s paragraph 16 is required because it merely states a legal

conclusion. To the extent that paragraph 16 is deemed to require a response, it is denied. PLAINTIFF ' S RESPONSE TO DEFENDANT ' S SECOND COUNTERCLAIM FOR A DECLARATORY JUDGMENT THAT THE PATENTS-IN-SUIT ARE INVALID

17.

Plaintiff's responses to Defendant ' s paragraphs 1-16 are hereby incorporated as if

fully set forth herein. 18. No response to Defendant ' s paragraph 18 is required because it merely states a legal

conclusion . To the extent that paragraph 1S is deemed to require a response , it is denied. 19. No response to Defendant 's paragraph 19 is required because it merely states a legal

conclusion. To the extent that paragraph 19 is deemed to require a response , it is denied. 20. No response to Defendant 's paragraph 20 is required because it merely states a legal

conclusion . To the extent that paragraph 20 is deemed to require a response , it is denied. 21. No response to Defendant ' s paragraph 21 is required because it merely states a legal

conclusion. To the extent that paragraph 21 is deemed to require a response, it is denied. PLAINTIFF' S RESPONSE TO DEFENDANT ' S THIRD COUNTERCLAIM: PATENT MISUSE Plaintiff s responses to Defendant ' s paragraphs 1-21 are hereby incorporated as if

22.

frilly set forth herein. 23. 24. 25. Denied. Denied. To the extent that this allegation relates to an assertion of fraud and /or inequitable

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conduct, it is insufficient under Fed. R. Civ. P. 9(b). Otherwise, paragraph 25 is denied. 26. To the extent that this allegation relates to an assertion of fraud and/or inequitable

conduct, it is insufficient under Fed. R. Civ. F. 9(b). Otherwise, paragraph 26 is denied. 27. To the extent that this allegation relates to an assertion of fraud and/or inequitable

conduct, it is insufficient under Fed. R. Civ. P. 9(b). Otherwise, paragraph 27 is denied. 28. To the extent that this allegation relates to an assertion of fraud and/or inequitable

conduct, it is insufficient under Fed. R. Civ. P. 9(b). Otheilvise, paragraph 28 is denied. 29. Denied.

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PLAINTIFF' S RESPONSE TO DEFENDANT'S RE QUESTED RELIEF WHEREFORE, Plaintiff requests that this Court DENY all relief requested in Defendant's request for Relief in paragraphs (a) - (1) of Defendant' s Counterclaims . Moreover, Plaintiffrequests that this Court award Plaintiff its costs and attorneys ' fees for defending Defendant's asserted Counterclaims.

Adam W. Poff (No. 3990)
YOUNG CONWAY STARGATT & TAYLOR, LLP The Brandywine Building 1000 West Street , 17'h Floor Wilmington , Delaware 19899 (302) 571-6642 - and Neil F. Greenblum Michael J. Fink Neal Goldberg GREENBLUM & BERNSTEIN, P.L.C. 1950 Roland Clarice Place Reston, Virginia 20191 (703) 716-1191 Attorneys for Plaintiff Voith Paper GinbH & Co. KG Dated . September 5, 2007

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CERTIFICATE OF SERVICE 1, Adam W. Poff, hereby certify that on September 5, 2007, 1 caused to be electronically filed a true and correct copy of the foregoing document with the Clerk of the Court using CM/ECF, which will send notification that such filing is available for viewing and downloading to the following counsel of record: George H. Seitz, 111 , Esquire Patricia P. McGonagle , Esquire SEITZ, VAN OGTROP & GREEN, P.A. 222 Delaware Avenue Suite 1500 P.O. Box 68 Wilmington , DE 19899

1 further certify that on September 5, 2007, 1 caused a copy of the foregoing document to be served by hand delivery on the above- listed counsel of record and on the following nonregistered participants in the manner indicated:

BY E-MAIL AND FEDERAL EXPRESS
Anthony S. Volpe, Esquire Ryan W . O'Donnell, Esquire Volpe and Koenig

United Plaza, Suite 1600 30 South 17t1' Street, Philadelphia, PA 19103 YOUNG CONAWAY STARGATT & TAYLOR, LLP Is/Adam W. Po
Adam W. Poff (No. 3990.) The Brandywine Building 1000 West Street , 17th Floor Wilmington , Delaware 19801 (302) 571-5600 [email protected] Attorneys for Voith Paper GrrzbH & Co. KG

DB02 : 5978994 . 1

065310.1001