Free Answer to Counterclaim - District Court of California - California

Case 3:08-cv-01256-BTM-CAB

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MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE, INC. 9930 Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 [email protected] J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 [email protected] Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA JENS ERIK SORENSEN, as Trustee of ) Case No. 08cv1256 BTM CAB SORENSEN RESEARCH AND ) DEVELOPMENT TRUST, ) ) PLAINTIFF'S REPLY TO Plaintiff ) COUNTERCLAIMS v. ) ) CONAIR CORPORATION, a Delaware ) Corporation; and DOES 1 ­ 100, ) ) Defendants. ) _________________________________ ) and related counterclaims. ) ) ) )

Case 3:08-cv-01256-BTM-CAB

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Plaintiff/Counterdefendant Jens Erik Sorensen as Trustee of Sorensen Research and Development Trust ("SRDT"), hereby respectfully replies to the specific numbered paragraphs identified of the Counterclaims of Defendant/Counterclaimant Conair Corporation ("CONAIR") set forth in Docket #131 as follows: COUNTERCLAIMS 1. 2. 3. 4. Upon current information and belief, admit. Admit. JURISDICTION AND VENUE Admit. Admit proper venue and personal jurisdiction of this Court over SRDT, COUNT I 5. 6. 7. 8. Plaintiff SRDT incorporates by reference the responses to paragraphs 1 Deny. Deny. This claim is not a factual assertion, therefore it can not be admitted or COUNT II 9. 10.
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otherwise deny.

through 4 as though fully set forth herein.

denied. However, SRDT denies Lexar's entitlement to requested declarations. Plaintiff SRDT incorporates by reference the responses to paragraphs 1 Deny.

through 8 as though fully set forth herein.

Counterclaims were filed earlier at Docket #10, but appear to have been superceded by Docket #13, and thus only the allegations of Docket #10's Counterclaim are being answered. 2.
Case No.08cv1256 BTM CAB

Case 3:08-cv-01256-BTM-CAB

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11.

This claim is not a factual assertion, therefore it can not be admitted or PRAYER FOR RELIEF

denied. However, SRDT denies Lexar's entitlement to requested declarations. WHEREFORE, SRDT prays that judgment on CONAIR be entered as follows: a. relief; b. c. d. That this case be decreed an "exceptional case" and SRDT is awarded For costs of suit herein incurred; For such other and further relief as the Court may deem just and proper. reasonable attorneys' fees by the Court pursuant to 35 U.S.C. § 285; For judgment in favor of SRDT and against CONAIR on all requested

DATED this Tuesday, September 02, 2008. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff /s/ Melody A. Kramer Melody A. Kramer, Esq. J. Michael Kaler Attorney for Plaintiff

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Case No.08cv1256 BTM CAB

Case 3:08-cv-01256-BTM-CAB

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X PERSON(S) SERVED Allison H. Goddard Jaczko Goddard LLP 4401 Eastgate Mall San Diego, CA 92121 [email protected] Dean D. Niro Robert A. Conley Niro, Scavone, Haller & Niro 181 West Madison, Suite 4600 Chicago, Illinois, 60602 [email protected] [email protected]

PROOF OF SERVICE I, Melody A. Kramer, declare: I am and was at the time of this service working within in the County of San Diego, California. I am over the age of 18 year and not a party to the within action. My business address is the Kramer Law Office, Inc., 9930 Mesa Rim Road, Suite 1600, San Diego, California, 92121. On Tuesday, September 02, 2008, I served the following documents:

PLAINTIFF'S REPLY TO COUNTERCLAIMS
PARTY(IES) SERVED Defendant Conair Corporation METHOD OF SERVICE Email--Pleadings Filed with the Court

Defendant Conair Corporation

Email--Pleadings Filed with the Court

(Federal Express) I deposited or caused to be deposited today with Federal Express in a sealed envelope containing a true copy of the foregoing documents with fees fully prepaid addressed to the above noted addressee for overnight delivery. (Email--Pleadings Filed with the Court) Pursuant to Local Rules, I electronically filed this document via the CM/ECF system for the United States District Court for the Southern District of California.

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I declare that the foregoing is true and correct, and that this declaration was executed on Tuesday, September 02, 2008, in San Diego, California. /s/ Melody A. Kramer Melody A. Kramer

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Case No.08cv1256 BTM CAB