Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00785-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

REMY, INC., UNIT PARTS COMPANY, and WORLDWIDE AUTOMOTIVE, LLC,

) ) ) Plaintiff, ) ) v. ) ) CIF LICENSING, LLC, D/B/A GE LICENSING, ) WELLS MANUFACTURING CORP., ) TADITEL US, INC., and ) WETHERILL ASSOCIATES, INC., ) ) Defendants. ) )

C.A. No. 06-785-***

AMENDED ANSWER, COUNTERCLAIMS, AND DEMAND FOR JURY TRIAL OF DEFENDANT GE LICENSING Defendant CIF Licensing, LLC, d/b/a GE Licensing ("GE"), answers the complaint for declaratory judgment of Remy, Inc. ("Remy"), Unit Parts Company ("Unit Parts"), and WorldWide Automotive, LLC ("WorldWide") (sometimes collectively referred to herein as "Plaintiffs") as follows: PARTIES, JURISDICTION AND VENUE 1. 2. Admitted. GE lacks knowledge or information sufficient to form a belief as to the truth of

the allegations of paragraph 2, and on that basis denies the same. 3. GE lacks knowledge or information sufficient to form a belief as to the truth of

the allegations of paragraph 3, and on that basis denies the same. 4. Admitted.

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5.

GE lacks knowledge or information sufficient to form a belief as to the truth of

the allegations of paragraph 5, and on that basis denies the same. 6. GE lacks knowledge or information sufficient to form a belief as to the truth of

the allegations of paragraph 6, and on that basis denies the same. 7. GE lacks knowledge or information sufficient to form a belief as to the truth of

the allegations of paragraph 7, and on that basis denies the same. 8. 9. Admitted. GE admits that it resides in this district and venue is proper with respect to GE

with respect to this litigation only. GE lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations of paragraph 9, and on that basis denies the same. CAUSES OF ACTION Count One: All Plaintiffs vs. GE Licensing for Declaratory Judgment 10. 11. 12. 13. Admitted. Admitted. Admitted. GE lacks knowledge or information sufficient to form a belief as to the truth of

the allegations of paragraph 13, and on that basis denies the same. 14. GE admits the allegations of this paragraph with respect to Remy, Inc. GE lacks

knowledge or information sufficient to form a belief as to the truth of the remaining allegations, and on that basis denies the same. 15. 16. 17. Denied. Denied. No response from GE is required.

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Counts Two through Four 18-29. No answer by GE is required to the allegations of ¶¶ 18-29.

GE's COUNTERCLAIMS Defendant GE, for its Counterclaims against Remy, Unit Parts, and WorldWide, states as follows: Jurisdiction 1. This Counterclaim arises under the United States patent laws. This Court has sub-

ject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338, and 1367. Factual Background 2. GE is the owner of all right, title, and interest in and to United States patent No.

4,733,159 ("the `159 patent") (D.I. 1 at Exhibit A thereto) by assignment, with the right to recover damages for all past infringement of the patent. The `159 patent was duly and legally issued March 22, 1988. 3. Remy is a corporation organized and existing under the laws of the State of Dela-

ware, with its principal place of business and home office at 2902 Enterprise Drive, Anderson, Indiana 46013. 4. Unit Parts is a corporation organized and existing under the laws of the State of

Delaware, with its principal place of business and home office at 4600 SW 59th Street, Oklahoma City, Oklahoma 73135. 5. WorldWide is a limited liability company organized and existing under the laws

of the Commonwealth of Virginia, with its principal place of business and home office at 300 West Brooke Road, Winchester, VA 22603.

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6.

Remy operates as a manufacturer and re-manufacturer of original equipment and

aftermarket electrical components for automobiles, light trucks, medium and heavy duty trucks and other heavy duty vehicles, including alternators containing voltage regulator units. Remy sells such components to original equipment manufacturers and dealers, automotive retail chains and warehouse distributors in North America, Europe, Latin America, and the Asia-Pacific region. 7. Unit Parts operates as a manufacturer or premium automotive alternators and

starters, including alternators containing voltage regulator units. Unit Parts sells such components to original equipment manufacturers and dealers, automotive retail chains and warehouse distributors in North America, Europe, Latin America, and the Asia-Pacific region. 8. WorldWide operates as a manufacturer of engine electrical and electronic equip-

ment, specializing in automotive alternators, including alternators containing voltage regulator units. WorldWide sells such components to original equipment manufacturers and dealers, automotive retail chains and warehouse distributors in North America, Europe, Latin America, and the Asia-Pacific region. COUNT I (Patent Infringement -- Remy) 9. On information and belief, the above-mentioned activities by Remy have

amounted to infringement, directly, by inducement, and/or by contributing to the infringement of the `159 patent. 10. On information and belief, Remy is infringing the `159 patent willfully and with

knowledge. On information and belief, Remy will continue to infringe the `159 patent unless enjoined by this Court. 11. As a result of Remy's infringing conduct, GE has been damaged and will continue

to suffer irreparable harm without the issuance of an injunction by this Court. -4-

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12.

Remy's willful infringement of the `159 patent and other conduct make this an

exceptional case under 35 U.S.C. § 285. COUNT II (Patent Infringement -- Unit Parts) 13. On information and belief, the above-mentioned activities by Unit Parts have

amounted to infringement, directly, by inducement, and/or by contributing to the infringement of the `159 patent. 14. On information and belief, Unit Parts is infringing the `159 patent willfully and

with knowledge. On information and belief, Unit Parts will continue to infringe the `159 patent unless enjoined by this Court. 15. As a result of Unit Parts' infringing conduct, GE has been damaged and will con-

tinue to suffer irreparable harm without issuance of an injunction by this Court. 16. Unit Parts' willful infringement of the `159 patent and other conduct make this an

exceptional case under 35 U.S.C. § 285. COUNT III (Patent Infringement -- WorldWide) 17. On information and belief, the above-mentioned activities by WorldWide have

amounted to infringement, directly, by inducement, and/or by contributing to the infringement of the `159 patent. 18. On information and belief, WorldWide is infringing the `159 patent willfully and

with knowledge. On information and belief, WorldWide will continue to infringe the `159 patent unless enjoined by this Court. 19. As a result of WorldWide's infringing conduct, GE has been damaged and will

continue to suffer irreparable harm without issuance of an injunction by this Court. 20. WorldWide's willful infringement of the `159 patent and other conduct make this

an exceptional case under 35 U.S.C. § 285. -5-

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DEMAND FOR JURY TRIAL GE hereby respectfully requests a trial by jury on all issues triable to a jury.

REQUESTED RELIEF WHEREFORE, GE respectfully requests the following relief: A. tifffs; B. the entry of judgment on GE's Counterclaims that Plaintiffs have inthe entry of judgment on the Complaint in favor of GE, and against Plain-

fringed, induced others to infringe and/or committed acts of contributory infringement of the `159 patent under 35 U.S.C. § 271; C. the entry of judgment on GE's Counterclaims awarding GE damages in an

amount that adequately compensates GE for Plaintiffs' infringement, including lost profits (and/or a reasonable royalty), treble damages, court costs, pre-judgment interest, postjudgment interest, and attorney's fees under 35 U.S.C. §§ 284 and 285; D. the entry of a permanent injunction preventing Plaintiffs and their subsidi-

aries, agents, officers, and employees, and all others acting in concert with them, from infringing, inducing infringement, and/or contributing to the infringement of the `159 patent; and E. circumstances. such other and further relief as the Court deems just and proper under the

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ASHBY & GEDDES /s/ Steven J. Balick __________________________________ Steven J. Balick (I.D. #2114) John G. Day (I.D. #2403) Lauren E. Maguire (I.D. #4261) 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, Delaware 19899 302-654-1888 [email protected] [email protected] [email protected] Attorneys for Defendant CIF Licensing, LLC, d/b/a/ GE Licensing Of Counsel: Bradford Lyerla Jeffrey H. Dean Scott Sanderson MARSHALL GERSTEIN & BORUN LLP 233 South Wacker Drive 6300 Sears Tower Chicago, IL 60606-6357 (312) 474-6300 Dated: June 5, 2007
181242.1

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