Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00079-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SANDATA TECHNOLOGIES, INC., Plaintiff, v. FIRST DATA GOVERNMENT SOLUTIONS, INC., Defendant. ANSWER TO COMPLAINT Defendant, First Data Government Solutions, Inc. ("FDGS") by and through the undersigned attorneys, hereby responds to the Complaint of Sandata Technologies, Inc. ("Sandata"), and states in numbered paragraphs corresponding to the numbered paragraph of the complaint as follows. Allegations not expressly admitted are denied. The Parties 1. FDGS lacks knowledge or information sufficient to admit or deny the Civil Action No. 07-79-GMS JURY TRIAL DEMANDED

allegations of Paragraph 1 and therefore denies the same. 2. Admitted that FDGS is a Delaware corporation. FDGS's principal place

of business is 11311 Cornell Park Drive, Cincinnati, Ohio, 45230. 3. FDGS admits that the Complaint purports to be an action for patent

infringement arising under the Patent Laws of the United States. FDGS denies that any infringement exists. 4. 5. FDGS admits that subject matter jurisdiction is proper in this Court. FDGS admits that venue is proper in this district.

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Facts 6. FDGS admits U.S. Patent No. 5,255,183 (" the `183 patent" ) bears an issue

date of October 19, 1993 and is entitled " Telephone-Based Personnel Tracking System." FDGS further admits that that Exhibit A appears to be a true and correct copy of the `183 patent. FDGS denies, however, that the `183 patent was duly and legally issued. 7. FDGS admits U.S. Patent No. 5,646,839 (" the `839 patent" ) bears an issue

date of July 8, 1997 and is entitled " Telephone-Based Personnel Tracking System." FDGS further admits that that Exhibit B appears to be a true and correct copy of the `839 patent. FDGS denies, however, that the `839 patent was duly and legally issued. 8. FDGS admits U.S. Patent No. 5,963,912 (" the `912 patent" ) bears an issue

date of October 5, 1999 and is entitled " Telephone-Based Personnel Tracking System." FDGS further admits that that Exhibit C appears to be a true and correct copy of the `912 patent. FDGS denies, however, that the `912 patent was duly and legally issued. 9. FDGS is without knowledge or information sufficient to admit or deny the

allegations in Paragraph 9 and therefore denies the same. 10. FDGS admits that it has made, used, sold, offered for sale and/or licensed

telephonic time and/or attendance systems. FGDS denies that any license or authorization from Sandata is required. Count One ­ Infringement of U.S. Patent 5,255,183 11. to 10. 12. 13. 14. Denied. Denied. Denied. Count Two ­ Infringement of U.S. Patent 5,646,839 15. to 10. 2 FDGS incorporates herein by reference the answers stated in Paragraphs 1 FDGS incorporates herein by reference the answers stated in Paragraphs 1

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16. 17. 18.

Denied. Denied. Denied. Count Three ­ Infringement of U.S. Patent 5,963,912

19. to 10. 20. 21. 22.

FDGS incorporates herein by reference the answers stated in Paragraphs 1

Denied. Denied. Denied.

AFFIRMATIVE DEFENSES First Affirmative Defense The `183, `839, and `912 patents, and each claim thereof, are invalid for failing to comply with the requirements for patentability under the Patent Laws of the United States, including 35 U.S.C. §§ 102, 103, and 112. Second Affirmative Defense FDGS has not infringed any claim of the `183, `839, and `912 patents.

PRAYER FOR RELIEF WHEREFORE, FDGS requests the following relief: (a) (b) (c) (d) (e) The Complaint be dismissed with prejudice; That United States Patent No. 5,255,183 is invalid; That United States Patent No. 5,646,839 is invalid; That United States Patent No. 5,963,912 is invalid; That United States Patent No. 5,255,183 is not infringed by any of

FDGS's activities or products;

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(f)

That United States Patent No. 5,646,839 is not infringed by any of

FDGS's activities or products; (g) That United States Patent No. 5,963,912 is not infringed by any of

FDGS's activities or products; (h) That Plaintiff, its agents, employees, and assigns be permanently enjoined

from asserting any charge of infringement of the `183, `839, and `912 patents against FDGS, its agents, employees, successors, and assigns; (i) That this case be declared an exceptional case under 35 U.S.C. § 285 and

that Samsung be awarded its attorney fees and costs in this action; and (j) That this Court award FDGS such other and further relief as may be

deemed just and proper.

JURY DEMAND First Data demands a trial by jury on all issues so triable. Dated: May 18, 2007 FISH & RICHARDSON P.C.

By:

/s/ Timothy Devlin William J. Marsden, Jr. (#2247) Timothy Devlin (#4241) Gregory Booker (#4784) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19801 (302) 652-5070 Email: [email protected] Email: [email protected] Email: [email protected]

Attorneys for Defendant First Data Government Solutions, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on May 18, 2007, I electronically filed with the Clerk of Court Answer using CM/ECF which will send electronic notification of such filing(s) to the following Delaware counsel. In addition the filing will also be sent via hand delivery: David E. Moore Daniel F. Wolcott, Jr. Potter Anderson & Corroon LLP Hercules Plaza 1313 North Market Street, 6th floor P.O. Box 951 Wilmington, DE 19899 Attorneys for Plaintiff Sandata Technologies, Inc.

I hereby certify that on May 18, 2007, I have mailed by United States Postal Service, the document(s) to the following non-registered participants: Peter F. Felfe Daniel M. Gantt Thorsten Schmidt Fulbright & Jaworski L.L.P. 666 Fifth Avenue, 31st Floor New York, NY 10103 Attorneys for Plaintiff Sandata Technologies, Inc.

/s/ Timothy Devlin Timothy Devlin
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