Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1 :06-cv-00028-SLFl—LPS Document 53 Filed 07/18/2006 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
McKESSON AUTOMATION, INC.,
Plaintiff, CA No. 06-028 (KAJ)
JURY TRIAL OF
v. TWELVE DEMANDED
SWISSLOG ITALIA S.P.A,
TRANSLOGIC CORPORATION
Defendants.
PLAINTIFF McKESSON AUTOMATION, INC.’S REPLY TO
DEFENDANT SWISSLOG ITALIA S.P.A.’s COUNTERCLAIMS
Plaintiff McKesson Automation, Inc. ("McKesson" or "Counterclaim Defendant") by and
through the undersigned attomeys, hereby states its Reply to Defendant Swisslog Italia S.P.A.’s
("Swisslog") Counterclaims, and admits, denies, and alleges as follows:
JURISDICTION AND VENUE
31. McKesson admits the allegations set forth in paragraph 31 with respect to subject
matter jurisdiction and venue, to the extent that Swisslog’s First and Second Counterclaims are
alleged as relating to the patent infringement asserted in the First Amended Complaint.
THE PARTIES
32. Upon infomation and belief, McKesson admits the allegations in paragraph 32.
33. McKesson admits the allegations in paragraph 33.
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FIRST COUNTERCLAIM
(Declaratory Judgment of Invalidity)
34. In responding to paragraph 34, McKesson repeats and realleges its previous
responses to paragraphs 31 — 33, as if fully set forth herein.
35. McKesson denies the allegations in paragraph 35.
36. McKesson denies the allegations in paragraph 36.
SECOND COUNTERCLAIM
(Declaratory Judgment of Non-Infringement)
37. In responding to paragraph 37, McKesson repeats and realleges its previous
responses to paragraphs 31 — 36, as if fully set forth herein.
38. McKesson denies the allegations in paragraph 38.
39. McKesson denies the allegations in paragraph 39.
RESPONSE TO SWISSLOG’S PRAYER FOR RELIEF
McKesson denies that Swisslog is entitled to any relief as plead in the Prayer for Relief,
or any relief whatsoever for its wrongful and unlawful actions.
PRAYER FOR RELIEF
WHEREFORE, the Counterclaim Defendant prays for judgment against Swisslog as
follows:
A. That Swisslog takes nothing by way of its Counterclaims and the relief sought by
Swisslog be denied;
B. That the Counterclaims be dismissed with prejudice in their entirety;
C. For judgment in favor of the Counterclaim Defendant on the Counterclaims;
D. For costs, including such reasonable attorneys’ fees as the Court may find
recoverable; and
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Case 1:06-cv-00028-SLFl—LPS Document 53 Filed 07/18/2006 Page 3 of 4
E. For such further or alternate relief as the Court deems just and proper.
DEMAND FOR J URY TRIAL
Pursuant to Federal Rule of Civil Procedure 38(b), McKesson hereby demands a jury trial
on all triable issues raised in this action.
Dated: July 18, 2006
Nea e gam (#2 1)
Dal . Dubé (2863)
BLANK ROME LLP
Chase Manhattan Centre
1201 Market Street, Suite 800
Wilmington, DE 19801
Tel.: (302) 425-6472
Fax.: (302) 425-6464
Blair M. Jacobs
Robert A. Gutkin
Christina A. Ondrick
SUTHERLAND ASBILL & BRENNAN LLP
1275 Pennsylvania Avenue, NW
Washington, DC 20004
Tel.: (202) 383-0100
Fax.: (202) 637-3593
Attorneys for Plczintyj'McKesson Automation, Inc.
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CERTIFICATE OF SERVICE
I, Neal C. Belgam, Esquire, do hereby certify that on this 18th day of July, 2006, I caused
copies of PLAINTIFF MCKESSON AUTOMATION, INC.’S REPLY TO DEFENDANT
SWISSLOG ITALIA S.P.A. COUNTERCLAIMS to be served in the manners indicated upon
the following:
VIA ELECTRONIC FILING
Julia Heaney, Esquire
Morris, Nichols, Arsht & Tunnell LLP
1201 N. Market Street
Wilmington, DE 19801
VIA FEDERAL EXPRESS
Richard LaCava, Esquire
Lawrence C. Drucker, Esquire
Alfred Fabricant, Esquire
Dickstein Shapiro Morin & Oshinsky LLP
1177 Avenue of the Americas
New York, NY 10036
By:
yo. B€1 (DE # 2721)
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