Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1 :07-cv-00017-GIVIS Document 18 Filed O3/20/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEURIG, INCORPORATED, S
Plaintiff,
V' Civil Action No. G7-017 (GMS)
KRAFT FOODS GLOBAL, INC.,
mssimo coru>oRATioN, and JURY TRIAL DEMANDED
KRAFT FOODS INC.,
Defendants.
KEURIG, INC.’S REPLY TO TASSIMO CORPORATION’S COUNTERCLAIMS
Plaintiff, Keurig, Incorporated ("Keurig”), responds to the numbered paragraphs ofthe
Counterclaiins of Defendant, Tassimo Corporation ("Tassimo"):
PARTIES
25. Admits.
26. Admits.
JURISDICTION AND VENUE
27. Admits that the counterclaims purport to be for declaratory judgment of patent
non—infringement and patent invalidity and admit that jurisdiction is proper.
28. Admits venue is proper.
COUNT I — DECLARATORY RELIEF REGARDING NON-INFRINGEMENT
29. Admits.
30. Admits.
iisssaii

Case 1:07-cv—OOO17-G|\/IS Document 18 Filed O3/20/2007 Page 2 of 4
31. Denies that Tassimo is entitled to a declaration that it has not infringed any valid
claims of the ‘762 Patent.
COUNT TWO — DECLARATORY RELIEF REGARDING INVALIDITY
32. Admits.
33. Admits.
34. Denies that Tassimo is entitled to a declaration that one or more claims of the
‘762 Patent are invalid for failure to comply with one or more provisions of the patent laws,
35 U.S.C. § lOO et seq.
EXCEPTIONAL CASE
35. Admits that the case is exceptional such that Keurig should be awarded attorney
fees under 35 U.S.C. § 285, but otherwise, denies.
36. No response required. Keurig has also demanded a trial by jury on all issues so
triable.
AFFIRlV[ATIVE DEFENSES
First Affirmative Defense
Tassimo’s counterclaims fail to state a claim upon which relief can be granted.
Additional Defenses
There may be additional defenses to the counterclainis alleged by Tassimo that are not
currently known by Keurig. Therefore, Keurig reserves the right to allege additional defenses if
discovery reveals such defenses are appropriate.
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Case 1:07-cv—OOO17-G|\/IS Document 18 Filed O3/20/2007 Page 3 of 4
WHEREFORE, Keurig respectfully requests that:
(a) Tassimo’s counterclaims be denied or dismissed;
(b) Keurig be awarded its costs and reasonable attorneys’ fees in connection therewith
pursuant to applicable law, and
(c) the Court award Keurig such other and further relief as may be just and proper.
Respectfully submitted,
OF COUNSEL: j . I
Michael A. Albert Jolin W. Shaw (No. 3362)
HlEtlb€1'(CB'WOlfU1,: '€€11l1€l(l.COIT1 [email protected]
Michael N. Rader Karen E. Keller (No. 4489)
[email protected] l Wotr, Gaiznsurtnrn & SAct 600 Atlantic Ave. The Brandywine Building
Boston, MA 02210 1000 West Street, 17th Floor
(617) 646·8000 Wilmington, DE 19801
(302) 571-6600
Dated: March 20, 2007 Az‘t0rr1eysf01· PZaint@’Keurig, Irzcorporczted
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Case 1:07-cv—OOO17-G|\/IS Document 18 Filed O3/20/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I, Karen E. Keller, Esquire, hereby certify that on March 20, 2007, a true and correct
copy of the foregoing document was electronically tiled 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:
Richard L. Horwitz, Esquire
David E. Moore, Esquire
Potter Anderson & Corroon LLP
Hercules Plaza
1313 North Market Street, 6th Floor
Wilmington, Delaware 19801
Additionally, I hereby certify that on March 20, 2007, copies of the foregoing
document were served by hand delivery on the above—listed counsel of record and on the following
non-registered participants in the manner indicated below:
BY FEDERAL EXPRESS
David Schlitz, Esquire
Baker Botts L.L.P
The Warner
1299 Pennsylvania Ave., NW
Washington, D,C. 20004-2400.
Youivc CoNAwAv SrARcArr & TAvLoR, LLP
/ ,1
gf www {3,
Karen E. Keller (N o. 4489)
k/ceZZer@ycsr. com
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, DE 19801
302-57 1 -6600
Attorneys for PZGil2fW`K€Zll'ig, Incozyyorczted
n12.02;s76240v.1 0659271001