Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:07-cv-00190-SLR Document 10 Filed 06/O4/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SIEMENS MEDICAL SOLUTIONS USA, )
INC., )
)
Plaintiff )
) Civil Action No. 07-190-SLR
v. )
)
SAlNT—GOBAlN CERAMICS & )
PLASTICS, INC., )
I
Defendant. )
REPLY OF SIEMENS MEDICAL TO ANSVVER AND COUNTERCLAIM
ON BEHALF OF SAINT-GOBAIN CERAMICS & PLASTICS, INC.
Plaintiff Siemens Medical Solutions USA, Inc. ("Siemens Medical") for its Reply
to the Answer and Counterclaim ("Answer") on Behalf of Defendant Saint-Gobain Ceramics &
Plastics, Inc. ("Saint—Gobain”), filed May 14, 2007, alleges as follows:
l. Siemens Medical incorporates Paragraphs l through 17 of its Complaint as if
fully set forth herein, and denies all new allegations set forth in Paragraphs I through 17 of
Saint-Gobain’s Answer, as well as in the First Affirmative Defense, Second Affirmative
Defense, Third Affirmative Defense, Fourth Affirmative Defense and Fifth Affirmative Defense
therein.
2. Siemens Medical admits the allegations set forth in Paragraph I of the
Counterclaim asserted in the Answer.
3. Siemens Medical admits the allegations set forth in Paragraph 2 of the
Counterclaim asserted in the Answer.
4. Siemens Medical admits that Saint—Gobain seeks declaratory judgment
pursuant to 28 U.S.C. § 2201(a) and 2202. Siemens Medical further admits that Saint—Gobain’s
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Case 1:07-cv-00190-SLR Document 10 Filed 06/O4/2007 Page 2 ot 4
counterclaim for declaratory judgment is a mandatory counterclaim within the meaning of
Federal Rule of Civil Procedure l3. Siemens Medical further admits that the Court has
jurisdiction over Saint—Gobain’s declaratory judgment counterclaim pursuant to 28 U.S.C.
§ 1338, but denies that the Court has jurisdiction under 28 U.S.C. § ll3l. Siemens Medical
denies each of the remaining allegations set forth in Paragraph 3 of the Counterclaim asserted in
the Answer.
5. Siemens Medical admits that venue is proper in this District under 28 U.S.C. §
1391 (b) and (c). Siemens Medical denies that venue is proper under 28 U.S.C. § l400(b) and
denies each of the remaining allegations set forth in Paragraph 4 of the Counterclaim asserted in
the Answer.
6. Siemens Medical admits it has alleged that Saint-Gobain is infringing and has
infringed, and that Saint-Gobain indeed in infringing and has infringed, U.S. Patent No.
4,958,080 ("‘080 patent," attached to Siemens Medical’s Complaint as Ex. A). Siemens Medical
further admits that Saint-Gobain has denied that it is infringing any valid claim of the ‘O80 patent
and has alleged that the claims of the ’08O patent are invalid. As noted in Paragraph 4 of this
Reply, Siemens Medical admits that Saint-Gobain seeks a declaratory judgment with respect to
these issues pursuant to 28 U.S.C. § 220l(a) and 2202. Siemens Medical denies each of the
remaining allegations set forth in Paragraph 5 of the Counterclaim in the Answer.
7. Siemens Medical denies each and every allegation set forth in Paragraph 6 of
the Counterclaim asserted in the Answer.
8. Siemens Medical denies each and every allegation set forth in Paragraph 7 of
the Counterclaim asserted in the Answer.
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Case 1:07-cv-00190-SLR Document 10 Filed 06/O4/2007 Page 3 of 4
Accordingly, Siemens Medical respectiiilly requests that the Court enter judgment
in favor of Siemens Medical and against Saint-Gobain on Saint-Gobain’s Counterclaim, that the
Court deny Saint-G0bain’s request for declaratory relief and dismiss Saint—Gobain’s
Counterclaim with prejudice, and that the Court award Siemens Medical its costs and expenses
in this matter.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
/S/Magyellen Noreikcz (#3208)
Jack B. Blumenfeld (LD. No. 1014)
Maryellen Noreika (LD. N0. 3208)
1201 North Market Street
P.O. Box 1347
Wilmington, DE 19899
(302) 658-9200
mnorei1 Aitorneysfor Plaintf
Siemens Medical Solutions USA, Inc.
Of Counsel :
Gregg F. LoCasci0
Charanj it Brahma
Sean M. McEldowney
KIRKLAND & ELLIS LLP
655 15th Street, N.W.
Washington, D.C. 20005-5793
(202) 879-5000
Date: June 4, 2007
849585
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Case 1:07-cv-00190-SLR Document 10 Filed 06/O4/2007 Page 4 of 4
CERTIFICATE OF SERVICE -
I, the undersigned, hereby certify that on I une 4, 2007, I electronically filed the
foregoing with the Clerk of the Court using CM/ECF, which will send notification of such
filing(s) to the following:
lefliey L. Moyer
I also certify that copies were caused to be served on June 4, 2007 upon the
following in the manner indicated:
BY HAND AND EMAIL
Jesse A. Finkelstein
Jeffrey L. Moyer _ _ _
Kelly E. Farnan
Richards, Layton & Finger, P.A. , .
One Rodney Square
Wilmington, DE 19899
BY EMAIL
{ Frederick L. Vllhitmer _
Thelen Reid Brown Raysman & Steiner LLP
875 Third Avenue
New York, NY 10022
/.9/ Magellan Noreika [#32082
Maryellen Noreika (#3208)