Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:07-cv-00093-JJF Document 8 Filed O4/O4/2007 Page1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANSELL PROTECTIVE PRODUCTS INC., )
Plaintiff, j
)
v. )
) Civil Action No. 07-93-JJF
TILLOTSON CORPORATION, )
Defendant. g
REPLY OF ANSELL PROTECTIVE PRODUCTS INC.
TO THE COUNTERCLAIM OF TILLOTSON CORPORATION
Plaintiff Ansell Protective Products Inc. ("Ansell Protective Products") hereby
replies to the coimterclaim of defendant Tillotson Corporation ("Til1ots0n") as follows:
.I
Ansell Protective Products responds to the numbered paragraphs of Tillotson’s
counterclaim as follows:
l. Admitted.
2. Admitted.
3. Denied.
4. As to the first sentence, Ansell Protective Products admits only that
Tillotson seeks such relief, but denies that Tillotson is entitled to such relief. Ansell Protective
Products admits that this Court has jurisdiction over the subject matter of Tillotson’s
counterclaim.
5. Ansell Protective Products admits that venue over Tillotson’s
counterclaim is proper in this Court.

Case 1:07-cv-00093-JJF Document 8 Filed O4/O4/2007 Page 2 of 4
6. Ansell Protective Products admits the allegations of the first sentence
insofar as they relate to Luc G. DeBecker, but is without knowledge or information sufficient to
form a belief as to the truth of the allegations as to Neil E. Tillotson. The second sentence is
denied.
7. lt is admitted only that a patent application was filed on May 11, 1990 and
that U.S. Patent No. 5,041,362 issued on May 14, 1991 purporting to identify Messrs. Tillotson
and DeBecker as the inventors. The allegations of this paragraph are otherwise denied.
8. It is admitted only that an application for reissue was filed on November
13, 1995, that U.S. Reissue Patent No. Re. 35,616 ("the ‘616 patent") issued on September 30,
1997, and that a copy of the ‘6l6 patent is attached as Exhibit 1 of the Counterclaim. The
allegations of this paragraph are otherwise denied.
9. Denied.
10. After reasonable investigation, Ansell Protective Products is without
knowledge or information sufficient to form a belief as to the truth of the allegations of this
paragraph.
11. The first and third sentences of this paragraph are denied. The second
sentence is admitted.
12. Denied.
13. Admitted.
14. Denied.
15. Denied.
16. Ansell Protective Products incorporates herein by reference paragraphs 1-
15 above.
2

Case 1:07-cv-00093-JJF Document 8 Filed O4/O4/2007 Page 3 of 4
17. Denied.
ADDITIONAL DEFENSES
1. Ansell Protective Products’ gloves do not infringe the ’6l6 patent.
2. The ‘616 patent is invalid.
3. On infomation and belief, discovery will disclose that the ‘616 patent is
unenforceable by reason of inequitable conduct on the part of Tillotson and/or the purported
inventors, and if so, Ansell Protective Products will plead this defense with greater particularity.
4. Till0tson’s claims are barred or limited by laches.
WHEREFORE, Ansell Protective Products prays that Ti11otson’s counterclaim be
dismissed with prejudice, that the case be adjudged an exceptional case, and that Tillotson be
required to pay to Ansell Protective Products the costs of this action and Ansell Protective
Products’ reasonable attomey fees and expenses.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
/s/ Maryellen Noreika
Jack B. Blumenfeld (#1014)
Maryellen Noreika (#3208)
1201 N. Market Street
P. O. Box 1347
Wilmington, DE 19899
[email protected]
(302) 658-9200
Attorneys for Plaintw
Ansell Protective Products Inc.
Of Counsel:
Thomas B. Kenworthy
David W. Marston Jr.
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103-2921
(215) 963-5000
Dated: April 4, 2007
3

Case 1:07-cv-00093-JJF Document 8 Filed O4/O4/2007 Page 4 of 4
CERTIFICATE OF SERVICE
1, Maryellen Noreika, do hereby certify that on April 4, 2007, I electronically filed
the foregoing document with the Clerk of the Court using CM/ECF, which will send notification
of such filing to the following:
Richard L. Horwitz, Esquire
Kenneth L. Dorsney, Esquire
Potter Anderson & Corroon LLP
I further certify that copies of the foregoing document were also served upon the
following in the manner indicated:
BY HAND DELIVERY
Richard L. Horwitz, Esquire
Kenneth L. Dorsney, Esquire
Potter Anderson & Corroon LLP
Hercules Plaza, Sixth Floor
1313 N. Market Street
Wilmington, DE 19801
BY FEDERAL EXPRESS
Anthony B. Askew, Esquire
Stephen M. Schaetzel, Esquire
King & Spalding
1180 Peachtree Street, N.E.
Atlanta, GA 30309
/s/ Maryellen Noreika
Maryellen Noreika (I.D. No. 3208)