Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:06-cv-00762-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LIPPERT COMPONENTS, INC., Plaintiff, v. DEXTER AXLE COMPANY, Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 06-762-JJF DEMAND FOR JURY TRIAL

LIPPERT'S REPLY TO DEXTER'S COUNTERCLAIMS Plaintiff Lippert Components, Inc. ("Lippert"), for its Reply, hereby responds separately to each of the allegations of Defendant Dexter Axel Company ("Dexter") counterclaims, served February 26, 2007, as follows: 1. 2. Lippert admits the allegations contained in paragraph 1 of Dexter's counterclaims. Lippert admits the allegation contained in Paragraph 2 in Dexter's Counterclaims. STATEMENT OF FACTS 3. Complaint. 4. Lippert admits the allegations contained in Paragraph 4 of Dexter's Lippert realleges and incorporates herein by reference the allegations made in its

Counterclaims. 5. Lippert admits the allegations contained in Paragraph 5 of Dexter's

Counterclaims. 6. Lippert admits the allegations contained in paragraph 6 of Dexter's

Counterclaims.

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7.

Lippert admits that it has charged Dexter in the present action with direct

infringement, contributory infringement and inducement to infringe the patent-in-suit. Lippert denies each and every remaining allegation set forth in paragraph 7 of Dexter's counterclaims. 8. Lippert admits that there is an actual and justiciable controversy between Dexter

and Lippert with respect to the alleged infringement, invalidity and/or unenforceability of the claims of the `715 patent. 9. Lippert denies the allegations contained in Paragraph 9 of Dexter's

Counterclaims. 10. Dexter denies each of the allegations made in paragraph 10 of Dexter's

Counterclaims, including each and every subpart therein. FIRST COUNTERCLAIM FOR RELIEF-DECLARATORY JUDGEMENT 11. forth above. 12. Lippert denies each and every allegation contained in Paragraph 12 of Dexter's Lippert incorporates by reference its answers to paragraphs 1-10, inclusive, set

counter claims. REQUEST FOR RELIEF Lippert prays that all relief requested by Dexter's Counterclaims be denied, that Lippert be granted the relief requested in its Complaint, and that the Court grant such other relief as the Court finds just.

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Thomas C. Grimm
Thomas C. Grimm (#1098) Leslie A. Polizoti (#4299) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] [email protected]

OF COUNSEL: Dean A. Monco Brad R. Bertoglio WOOD PHILLIPS 500 West Madison Street Suite 3800 Chicago, IL 60661-2562 (312) 876-1800 March 12, 2007
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CERTIFICATE OF SERVICE I hereby certify that on March 12, 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: Donald J. Detweiler Titania R. Mack GREENBERG TRAURIG, LLP Additionally, I hereby certify that true and correct copies of the foregoing were caused to be served on March 12, 2007 upon the following individuals in the manner indicated: BY HAND Donald J. Detweiler Titania R. Mack GREENBERG TRAURIG, LLP 1007 North Orange Street, Suite 1200 Wilmington, DE 19801

/s/ Thomas C. Grimm
Thomas C. Grimm (#1098) [email protected]
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