Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:07-cv-00098-Gl\/IS Document 12 Filed 06/O4/2007 Page 1 of 4
IN 'I`I·IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ENTRUST, INC.,
Plaintiff-
Counterdefendant,
v. C. A. No. O7—098—GMS
OPEN SOLUTEONS INC.,
Defendant-
Counterclairnant.
ANSWER OF PLAINTIFF — COUNTERDEFENDANT ENTRUST, INC.
TO COUNTERCLAIMS OF l)EFENDANT—- COUNTERCLAIMANT
OPEN SOLUTIONS INC.
For its Answer to the Couiitemiaims, Plaintiff—Cou1iterdefe1idant Entrust, Inc. ("Entrust”
or "Piaintifi”), by its undersigned attorneys, herein responds to the numbered paragraphs of
Defendant~Counterclaimant Open Solutions Ine.’s ("Open Solutions” or "Defe11da11t")
Counterelaims upon information and belief as foilows. Uniess expressly admitted, ali responses
of Plaintiff Entrust to Defendanfs Cotrnterolairns should be deemed denied.
l. Entrust admits the allegations in Paragraph l.
2.. Entrust admits the allegations in Paragraph 2.
3. Entrust admits this Court has subiect matter jurisdiction over claims for patent
infringement arising under the laws of the United States.
4. Entrust admits that venue is proper in this District.
5. Iintrust admits the allegations in Paragraph 5.
6. Entrust admits the allegations in Paragraph 6.
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Case 1:07-cv-00098-GIVIS Document 12 Filed 06/O4/2007 Page 2 of 4
Yr Entrust admits that Defendant has denied that it has infringed U.S. Patent No
5,712,627 ("the ‘6.27 patent")
8, Entrnst admits that Defendant has pled as a third affirmative defense that “the ‘627
patent is invalid on the grounds that the purported invention fails to meet the conditions of
patentability specified in 35 U.S.C. § 101 el seq "
9. Paragraph 9 contains conclusions of law, rather than averments of fact, to which no
answer is required, but insofar as an answer is deemed necessary, Entrust admits there is a
dispute over iirhiiigementr
E0. Paragraph 10 contains conclusions of law, rather than averrnents of fact, to which no
answer is required, but insofar as an answer is deemed necessary, Entrust denies the avennents
of fact in Paragraph IG.
il. Paragraph ll contains conclusions of law, rather than avennents of fact, to which no
answer is required, but insofar as an answer is deemed necessary, Entrust denies the averments
of fact in Paragraph l I.
AF FIRMATIVE DEFENSES
Entrust also asserts upon information and belief the following affirmative defenses:
First Affirmative Defense
The ‘627 Patent is vaiid and enforceabie,
Second Affirmative Defense
Defehdanfs Counterclaiins fails to state a claim upon which relief can be granted,
Entrust presently has insufticient knowledge or information upon which to form a belief
as to whether it may have additional, yet unstated, aftinnative defenses. As such, Entrust
reserves the right to assert additional affirmative defenses in the event that discovery indicates
that additional afiirrnative defenses are appropriated
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Case 1:07-cv-00098-GIVIS Document 12 Filed 06/O4/2007 Page 3 of 4
_/“
F1·dericl< L. Cottrell, III (#2555)
Cottt·e1i@rlI`,com
Of. CmmSCl_ Anne Shea Gaze1(#4093)
Terence Pt Ross, Esq. G?Z'B@I—lf'COm .
Amy Bl Ahshuh ESC} Rmhards, Layton & F1I'1g€1`P,A,
Mimi D. Bm, Esq, gg R§<*¤;>g§<¤¤m=
GIBSON DUNN & CRUTCHER 920 K, S_
1050 Connecticut Avenue, NW, Suite 200 W,} fmt] SEG;}
Washington, DC 20036 g lglglogjfoo
(202) 955-8500 (‘ I `
ArtorncysforPlczimw'·C0zzrv1er·cie]%:vcJcz:2!
ENTR USER INC,
Dated: June 4, 2007
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Case 1:07-cv-00098-Gl\/IS Document 12 Filed 06/O4/2007 Page 4 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I hereby certify that, on June 4, 2007, I caused to be sent by hand delivery and
electronically filed the foregoing with the Clerk of Court using CM/ECF which will send
notification of such ti1ing(s) to the following:
Jack B. Blannenlbld, Esquire
Rodger D. Smith, II, Esquire
Morris, Nichols, Arsht & Tunnell LLP
1201 N. Market Street
P. O, Box 1347
Wilrnington, DE 19899-1347
I hereby certify that on June 4, 2007, the foregoing document was sent via Federal
Express to the following nonwegistered participants in the manner indicated:
Douglas B. Greenswag, Esquire
Kirkpatriclc & Locidrart Preston Gates Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle, WA 981044158
Anne Shea Gaza (#4093) l
[email protected]
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