Free Answer to Complaint - District Court of California - California

Case 3:07-cv-02407-JAH-AJB

Document 13

Filed 02/25/2008

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Terrence P. McMahon (State Bar No. 71910)
James W. Soong (State Bar No. 196092)

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McDERMOTT WILL & EMERY LLP 3150 Porter Drive Palo Alto, CA 94304
Telephone: 650.813.5000 Facsimile: 650.813.5100

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Attorneys for Defendant
TZERO TECHNOLOGIES, INCORPORATED

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UNTED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF CALIFORN

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PULSE~LIN INCORPORATED,
Plaintiff,
v.

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CASE NO. 07 CV 2407 JAR AJB

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Electronic Case Filng
TZERO'S ANSWER TO PULSE--LINK'S

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TZERO TECHNOLOGIES, INCORPORATED,

COMPLAINT FOR DAMGES AND INJUNCTIVE RELIEF

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Defendant.

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Defendant Tzero Technologies, Incorporated ("Tzero") hereby answers the

Complaint for Damages and Injunctive Relief ("Complaint") filed by PlaintiffPulse~Link
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Incorporated ("Pulse~Link") as follows:

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I. THE PARTIES
1. Tzero lacks sufficient information on which to admit or deny the
allegations of paragraph 1 of the Complaint and, on that

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basis, denies the allegations.
paragraph 2 of

2. Tzero admits the allegations of

the Complaint. the Complaint.

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3. Tzero admits the allegations of

paragraph 3 of

TZERO'S ANSWER TO PULSE~LINK'S

COMPLAIT FOR DAMAGES AN INJUCTIV RELIEF

07 CV 2407 JAB AJB)

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II.

JUSDICTION AND VENUE
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4. Tzero admits that Pulse~Link alleges an action for, inter alia, false and

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deceptive advertising arising under the Lanham Act § 43(a). Tzero fuher admits that original
jursdiction over the federal

law claim and supplemental jursdiction over the state law claims are

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vested in this Cour. Except as specifically admitted, Tzero denies the remaining allegations of
paragraph 4 of

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the Complaint.
5. Tzero admits that venue is proper in this distrct and that Tzero has

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advertised and c~mducted business in this distrct. Except as specifically admitted, Tzero denies

the remaining allegations in paragraph 5 ofthe Complaint.

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III. GENERA ALLEGATIONS
6. Tzero denies the allegations in paragraph 6 of

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the Complaint.

7. Tzero admits that it is in the market of delivering wireless solutions to
the home allowing consumers to eliminate the cost and complexity of

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hard wired connections

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using UW technology. Except as specifically admitted, Tzero lacks suffcient information on
which to admit or deny the remaining allegations of paragraph 7 of the Complaint and, on that
basis, denies the allegations.
8. Tzero lacks sufficient information on which to admit or deny the
allegations of paragraph 8 of

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the Complaint and, on that basis, denies the allegations.

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allegations of

9. Tzero lacks sufficient information on which to admit or deny the
paragraph 9 of

the Complaint and, on that basis, denies the allegations.
the Complaint. the Complaint.

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10. Tzero denies the allegations in paragraph 10 of

11. Tzero denies the allegations in paragraph 11 of

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IV.

FACTUAL BACKGROUND
A. "Pulse--Link is the True Pioneer of Ultra-Wide

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band Technolol!v over Coaxial

Cables. and Not Tzero"
12. Tzero denies the allegations in paragraph 12 of

the Complaint.
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13. Tzero lacks sufficient information on which to admit or deny the
allegations of paragraph 13 of

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the Complaint and, on that basis, denies the allegations.

14. Tzero lacks sufficient information on which to admit or deny the
allegations of paragraph 14 of

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5

the Complaint and, on that basis, denies the allegations.

15. Tzero lacks suffcient information on which to admit or deny the
allegations of paragraph 15 of

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the Complaint and, on that basis, denies the allegations.

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allegations of

16. Tzero lacks sufficient information on which to admit or deny the
paragraph 16 of

the Complaint and, on that basis, denies the allegations.

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17. Tzero lacks sufficient inormation on which to admit or deny the

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allegations of paragraph 17 of the Complaint and, on that basis, denies the allegations.
18. Tzero lacks sufficient information on which to admit or deny the

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allegations of paragraph 18 of the Complaint and, on that basis, denies the allegations.
19. Tzero lacks sufficient information on which to admit or deny the
allegations of paragraph 19 of

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the Complaint and, on that basis, denies the allegations.

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20. Tzero admits that Pulse~Link gave Tzero employees a presentation of

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Pulse~Link's UWB solution and chipset at the Parks Connection Conference. Except as specifically admitted, Tzero lacks suffcient information on which to admit or deny the remaining
allegations of paragraph 20 of the Complaint and, on that basis, denies the allegations.
21. Tzero lacks sufficient information on which to admit or deny the
allegations of paragraph 21 of

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the Complaint and, on that basis, denies the allegations.

22. Tzero denies that it declined to submit technology to 1394-TA for

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validation. Except as specifically admitted, Tzero lacks suffcient information on which to admit
or deny the allegations of paragraph 22 of

the Complaint and, on that basis, denies the remaining

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allegations.
23. Tzero lacks sufficient information on which to admit or deny the
allegations of paragraph 23 of

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the Complaint and, on that basis, denies the allegations.

24. Tzero lacks suffcient inormation on which to admit or deny the
allegations of paragraph 24 of

the Complaint and, on that basis, denies the allegations.

TZERO'S ANSWER TO PULSE~LIN'S

COMPLAIT FOR DAMAGES AN - 3 - 07 CV 2156 L (AJB)

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25. Tzero lacks sufficient information on which to admit or deny the
allegations of paragraph 25 of

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the Complaint and, on that basis, denies the allegations.

26. Tzero lacks sufficient information on which to admit or deny the

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allegations of paragraph 26 of the Complaint and, on that basis, denies the allegations.
B. "There Is No Industry Standard for UWB-Over-Coax or Wireless HDMI Contrary

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to Tzero's False and Misleadinl! Claims."
27. Tzero denies the allegations in paragraph 27 of

the Complaint. the Complaint.

28. Tzero denies the allegations in paragraph 28 of

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29. Tzero admits that Exhbit 2 to the Complaint states that "(uJnlike

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proprietary offerings, Tzero's platform is based on standards from the WiMedia Allance and is
guaranteed to co-exist with other WiMedia-compliant devices." Except as specifically admitted,
Tzero denies the remaining allegations in paragraph 29 of

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the Complaint.

30. Tzero admits that Exhibit 3 of

the Complaint states that a "demo of

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HANA multi-room connectivity using 1394 over (WiMedia standard) UWB over coax." Except
as specifically admitted, Tzero denies the remaining allegations in paragraph 30 of

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the Complaint.

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31. Tzero admits that Exhibit 4 of the Complaint states that "WiMedia is

the industry standard." Except as specifically admitted, Tzero denies the remaining allegations in
paragraph 31 ofthe Complaint.
32. Tzero admits that Exhibit 5 of

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the Complaint states that "Now, Tzero's

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Zero Wire chipset gives both CE manufactuers and service providers a standards'-based solution

that can cover the whole home. . . No other chipset provides this capabilty." Except as
specifically admitted, Tzero denies the remaining allegations in paragraph 32 of

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the Complaint.
the Complaint

33. Tzero admits that Exhibit 6 of

states that "(cJompliance

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with industry standards is mandatory" and that "(cJompatibilty with the ultra wideband standard,
as defined by WiMedia Alliance, is a critical purchase criterion." Except as specifically admitted,
Tzero denies the remaining allegations in paragraph 33 of

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the Complaint.

34. Tzero denies the allegations in paragraph 34 of

the Complairt.

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C. "Tzero Unfairly Tarl!ets Pulse--Link with Attacks on its Technolol! and 'Proprietary' Offerinl!s."
35. Tzero denies the allegations in paragraph 35 of

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the Complaint. the Complaint.

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36. Tzero denies the allegations in paragraph 36 of

37. Tzero denies the allegations in paragraph 37 ofthe Complaint.
38. Tzero denies the allegations in paragraph 38 of

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the Complaint.

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39. Tzero admits that Exhibit 7 ofthe Complaint states that "Non-standard

communcations by devices result in interference and chaos, and greatly reduce the likelihood of
widespread adoption"; "Every year, retailers (toJ receive more than $15 bilion in retus because
of

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problems like this"; and "(wJith nearly 300 companes soon to ship WiMedia standardthe problem that could be created by

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compliant products. . . you can understand the magntude of

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even one non-standard product." Except as specifically admitted, Tzero denies the remaining
allegations in paragraph 39 ofthe Complaint.
40. Tzero admits that Exhibit 6 of

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the Complaint states that "(nJon-

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standard, proprietary products wil cause interference, won't work, and will drive returns of

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the accessories themselves, and of other products that use Certified Wireless USB and
Bluetooth 3.0 (also based on the WiMedia standard)"; "tens of milions of Wi

Media-compliant

solutions being shipped by Intel, AMD and hundreds of other leading manufactuers wil sufft:r
from this negative impact, adding to your reverse logistics problem"; and,"

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( c lompliance with

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industry standards is mandatory." Except as specifically admitted, Tzero denies the remaining
allegations in paragraph 40 of the Complaint.
41. Tzero denies the allegations in paragraph 41 ofthe Complaint

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D. "Despite its Knowledl!e ofPulse--Link's Pioneerinl! Status and Lonl! Established UWB Solution. Tzero Falsely Claims That It Developed the Industry's First. Only
and Hil!hest Performinl! UWB Solution."
42. Tzero denies the allegations in paragraph 42 of

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the Complaint.

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allegations of

43. Tzero denies the allegations in paragraph 43 ofthe Complaint.
44. Tzero lacks sufficient information on which to admit or deny the
paragraph 44 of

the Complaint and, on that basis, denies the allegations.

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45.

Tzero lacks suffcient information on which to admit or deny the

2 allegations of paragraph 45 ofthe Complaint and, on that basis, denies the allegations.
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46. 47.

Tzero denies the allegations in paragraph 46 of

the Complaint.

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Tzero admits that Tzero is aware ofPulse~Link. Except as specifically
the Complaint.

5 admitted, Tzero denies the remaining allegations in paragraph 47 of

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48.

Tzero admits to attending the Parks Connections Conference on or

7 around May 2006 and seeing a demonstration of Pulse~Link' s UWB solution. Except as
8 specifically admtted, Tzero denies the remainng allegations in paragraph 48 ofthe Complaint.

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49.

Tzero admits that Exhibit 8 of

the Complaint states that "Industry's first

10 and highest performing solution that delivers broadcast quality video over wireless networks";
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11 "Tzero Unveils the Industr's First Wireless Solution that Delivers Broadcast-Quality Video";
12 and, "(tJoday, only the Tzero TZ 7000 chipset solution has non-line-of-site operation, which
13 enables devices to communicate wirelessly through walls to extend across multiple rooms."

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50.

Tzero admits that Exhibit 9 of the Complaint states that "Tzero is ,the

1 7 only company now delivering a high bandwidth solution that can easily handle multiple video
1 8 streams and deliver them throughout a home." Except as specifically admitted, Tzero denies the
19 remaining allegations in paragraph 50 of

the Complaint.

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51.

Tzero admits that Exhibit 10 of the Complaint states that "Unlike other

21 offerings, Tzero' s UWB is the only technology that can fuction wirelessly and over existing
22 home wiring to create a whole home entertainment network." Tzero further admits that Exhibit 5
23 of the Complaint states that ''New Zero Wire Solution Delivers Wired and Wireless Performance
24 More Than 2X Greater Than Competing Technologies". Except as specifically

admitted, Tzero

25 denies the remaining allegations in paragraph 51 of

the Complaint.
the Complaint.

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52.

Tzero denies the allegations in paragraph 52 of

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E. "Tzero Has Done Everythinl! In Its Power to Block the 1394-TA Standards Body

From Adoptinl! a 1394-0ver Coax Standard Incorporatinl! Pulse--Link's UWB
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Technolol!."
53. Tzero lacks sufficient information on which to ad.ïiit or deny the
allegations of paragraph 53 of

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the Complaint and, on that basis, denies the allegations.

54. Tzero lacks suffcient information on which to admit or deny the

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allegations of paragraph 54 of the Complaint and, on that basis, denies the allegations.
55. Tzero admits that it did not submittechnology to the 1394-TA in early

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2006. Except as specifically admitted, Tzero lacks sufficient information on which to admit or
deny the remaining allegations of paragraph 55 of

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the Complaint and, on that basis, denies the

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allegations.
56. Tzero admits that, prior to April

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2007, it did not submit technology to

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the 1394-TA. Tzero lacks sufficient information on which to admit or deny the remaining
allegations of paragraph 56 of

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the Complaint and, on that basis, denies the allegations.

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57. Tzero lacks sufficient information on which to admit or deny the

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allegations of paragraph 57 of the Complaint and, on that basis, denies the allegations.
58. Tzero denies the allegations in paragraph 58 ofthe Complaint.

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F. "Tzero Has Systematically Tarl!eted and Interfered with Pulse--Link's Business"

59. Tzero denies the allegations in paragraph 59 of

the Complaint.
the Complaint.

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60. Tzero denies the allegations in paragraph 60 of

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61. Tzero denies the allegations in paragraph 61 of the Complaint.

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(Section 43(a) of

FIRST CAUSE OF ACTION False Description and Misrepresentation the Lanham Act. 15 U.S.C. § 1152(a))

62. Tzero incorporates its responses to the allegations in paragraphs 1

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through 61, inclusive, as though fully set forth herein.
63. Tzero denies the allegations in paragraph 63 of

the Complaint.

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64. Tzero denies the allegations in paragraph 64 ofthe Complaint.
65. Tzero denies the allegations in paragraph 65 of

the Complaint.

66. Tzero denies the allegations in paragraph 66 ofthe Complaint. .

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SECOND CAUSE OF ACTION Unfair Competition and Deceptive Trade Practices (Cat Bus & Prof. Code §§ 17200 et seQ.)
67. Tzero incorporates its responses to the allegations in paragraphs 1

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through 66, inclusive, as though fully set forth herein
68. Tzero denies the allegations in paragraph 68 of

the Complaint. the Complaint.

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69. Tzero denies the allegations in paragraph 69 of

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70. Tzero denies the allegations in paragraph 70 ofthe Complaint. 71. Tzero denies the allegations in paragraph 71 ofthe Complaint.

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THIRD CAUSE OF ACTION Intentional Interference with Prospective Economic Relations
72. Tzero incorporates its responses to the allegations in paragraphs 1

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through 71, inclusive, as though fully set forth herein.
73. Tzero lacks sufficient information on which to admit or deny the
allegations of paragraph 73 of

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the Complaint and, on that basis, denies the allegations.

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74. Tzero lacks suffcient information on.which to admit or deny the
allegations of paragraph 74 of

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the Complaint and, on that basis, denies the allegations.
the Complaint. the Complaint. the Complaint.

75. Tzero denies the allegations in paragraph 75 of

76. Tzero denies the allegations in paragraph 76 of

77. Tzero denies the allegations in paragraph 77 of

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78. Tzero denies the allegations in paragraph 78 ofthe Complaint.
79. Tzero denies the allegations in paragraph 79 of the Complaint.

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80. Tzero denies the allegations in paragraph 80 ofthe Complaint.
81. Tzero denies the allegations in paragraph 81 of the Complaint.

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FOURTH CAUSE OF ACTION Negligent Interference with Prospective Economic Relations
82. Tzero incorporates its responses to the allegations in paragraphs 1

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though 81, inclusive, as though fully set forth herein.

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83. Tzero lacks sufficient information on which to admit or deny the
allegations of paragraph 83 of

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the Complaint and, on that basis, denies the allegations.

84. Tzero lacks suffcient information on which to admit or deny the
allegations of paragraph 84 of

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the Complaint and, on that basis, denies the allegations.

85. Tzero denies the allegations in paragraph 85 ofthe Complaint. 86. Tzero denies the allegations in paragraph 86 ofthe Complaint.
87. Tzero denies the allegations in paragraph 87 of

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the Complaint.

88. Tzero denies the allegations in paragraph 88 ofthe Complaint. 89. Tzero denies the allegations in paragraph 89 ofthe Complaint.
90. Tzero denies the allegations in paragraph 90 of

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the Complaint.

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91. Tzero denies the allegations in paragraph 91 ofthe Complaint.

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FIFTH CAUSE OF ACTION False and Misleadinl! Advertisinl!
(CaL. Bus & Prof. Code §§ 17500 et seQ. and common law)
92. Tzero incorporates its responses to the allegations in paragraphs 1

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through 91, inclusive, as though fully set forth herein.
93. Izero denies the allegations in paragraph 93 of

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the Complaint.

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94. Tzero denies the allegations in paragraph 94 ofthe Complaint. 95. Tzero denies the allegations in paragraph 95 ofthe Complaint.
96. Tzero denies the allegations in paragraph 96 of the Complaint.
97. Tzero denies the allegations in paragraph 97 of

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the Complaint.

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SIXTH CAUSE OF ACTION Common Law Unfair Competition
98. Tzero incorporates its responses to the allegations in paragraphs 1

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through 97, inclusive, as though fully set forth herein.
99. Tzero denies the allegations in paragraph 99 of

the Complaint.
paragraph 100 of

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100. Tzero denies the allegations in

the Complaint. the Complaint.

101. Tzero denies the allegations in paragraph 101 of

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102. Tzero denies the allegations in paragraph 102 of the Complaint.
103. Tzero denies the allegations in paragraph 103 of

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3

the Complaint.

1 U4. Tzero denies the allegations in paragraph 104 of the Complaint.
SEVENTH CAUSE OF ACTION Unjust Enrichment/Restitution

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5

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105. Tzero incorporates its responses to the allegations in paragraphs 1
through 104, inclusive, as though fully set forth herein.
106. Tzero denies the allegations in paragraph i 06 of the Complaint. 107. Tzero denies the allegations in paragraph i 07 of the Complaint.

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RESPONSE TO PLAINTIFF'S PRAYER FOR RELIEF
Tzero denies that Pulse~Link is entitled to any judgment or award of relief at all,

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including the judgment and the award of relief requested in the "Prayer" section of the Complaint.
Pulse~Link' s prayer for judgment and request for relief should be denied in its entirety with
prejudice.
1. Tzero denies that Pulse~Link is entitled to any of the relief set forth in
paragraph 1 of

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the Prayer in the Complaint.
2. Tzero denies that Pulse~Link is entitled to any of

the relief set forth in

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paragraph 2 of the Prayer in the Complaint.
3. Tzero denies that Pulse~Link is entitled to any of

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the relief set forth in

paragraph 3 of the Prayer in the Complaint.

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4. Tzero denies that Pulse~Link is entitled to any of the relief set forth in
paragraph 4 ofthe Prayer in the Complaint.
5. Tzero denies that Pulse~Link is entitled to any of

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the relief set forth in

paragraph 5 ofttie Prayer in the Complaint.
6.. Tzero denies that Pulse~Link is entitled to any of

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the relief set forth in

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paragraph 6 of the Prayer in the Complaint.

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INJUCTIV RfLIEF

COMPLAIT FOR DAMAGES AN

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7. Tzero denies that Pulse~Lin is entitled to any of

the relief set forth in

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3

paragraph 7 ofthe Prayer in the Complaint.

8. Tzero denies that Pulse~Link is entitled to any ofthe relief set forth in
paragraph 8 of

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5

the Prayer in the Complaint.
9. Tzero denies that Pulse~Link is entitled to any of

the relief set forth in

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paragraph 9 of

the Prayer in the Complaint.

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8

10. Tzero denies that Pulse~Link is entitled to any of the relief set forth in
paragraph 10 of the Prayer in the Complaint.
11. Tzero denies that Pulse~Link is entitled to any of

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the relief set forth in

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paragraph 11 of

the Prayer in the Complaint.
12. Tzero denies that Pulse~Link is entitled to any of

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the relief set forth in

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paragraph 12 ofthe Prayer in the Complaint.
13. Tzero denies that Pulse~Link is entitled to any of

the relief set forth in

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paragraph 13 of

the Prayer in the Complaint.
14. Tzero denies that Pulse~Link is entitled to any of

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the relief set forth in

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paragraph 14 of

the Prayer in the Complaint.
15. Tzero denies that Pulse~Link is entitled to any of

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18

the relief set forth in

paragraph 15 ofthe Prayer in the Complaint.
16. Tzero denies that Pulse~Link is entitled to any of

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the relief set forth in

20
21

paragraph 16 ofthe Prayer in the Complaint.

17. Tzero denies that Pulse~Link is entitled to any of the relief set forth in
paragraph 17 ofthe Prayer in the Complaint.

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23

18. Tzero denies that Pulse~Link is entitled to any of the relief set forth in
paragraph 18 of

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the Prayer in the Complaint.
19. Tzero denies that Pulse~Link is entitled to any of

the relief set forth in

paragraph 19 ofthe Prayer in the Complaint.

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paragraph 20 of

20. Tzero denies that Pulse~Link is entitled to any of the relief set forth in
the Prayer in the Complaint.
07 CV 2156 L (AJB)

TZERO'S ANSWER TO PULSE~LIN'S

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AFFIRMATIVE DEFENSES
Tzero asserts the following affirmative defenses:

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FIRST AFFIRrvIATIVE DEFENSE
Pulse~Link has failed to state a claim upon which relief can be granted.

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5

SECOND AFFIRMATIVE DEFENSE
Tzero does not engage and has not engaged in false or deceptive advertising.

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8

THIRD AFFIRMTIVE DEFENSE
Tzero does not engage and has not engaged in unfair competition and deceptive
trade practices.

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FOURTH AFFIRMATIVE DEFENSE
Tzero does not engage and has not engaged in intentional interference with
prospective economic relations.

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FIFTH AFFIRMATIVE DEFENSE
Tzero does not engage and has not engaged in negligent interference with
prospective economic relations.

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SIXTH AFFIRMTIVE DEFENSE
Tzero does not engage and has not engaged in false advertising.

SEVENTH AFFIRMTIVE DEFENSE
Tzero does

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not engage and has not engaged in common law unfair competition.

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EIGHTH AFFIRMATIVE DEFENSE
Tzero's alleged actions herein have not resulted in unjust enrichment.

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23

NINTH AFFIRMTIVE DEFENSE
All or par ofPulse~Link's alleged claims against Tzero are bared by laches.

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25

TENTH AFFIRMATIVE DEFENSE
All or par ofPulse~Link's alleged claims against Tzero are bared by waiver,
acquiescence, and/or estoppel.

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TZERO'S ANSWER TO PULSE~LIN'S

COMPLAIT FOR DAMAGES AN INJUCTIV RELIEF

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07 CV 2156 L (AJB)

Case 3:07-cv-02407-JAH-AJB

Document 13

Filed 02/25/2008

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ELEVENTH AFFIRMATIVE DEFENSE
All or par ofPulse~Link's alleged claims against Tzero are barred by
Pulse~Link's unclean hands.

TWELFTH AFFIRMATIVE DEFENSE
All or par ofPulse~Link's alleged claims against Tzero are bared by the
doctrnes of

merger, collateral estoppel, and/or res judicata.

THIRTEENTH AFFIRMTIVE DEFENSE
Pulse~Link's claims for injunctive relief should be dismissed because Pulse~Link
can obtain an adequate remedy at law.

FOURTEENTH AFFIRMATIVE DEFENSE
Pulse~Link may lack standing to assert one or more of

the claims asserted in

Pulse~Link's Complaint.

FIFTEENTH AFFIRMATIVE DEFENSE
One or more ofPulse~Link's claims may be barred by the applicable statute of

limitations.

PRAYER FOR RELIEF
WHEREFORE, Tzero Technologies, Inc. respectfully requests that judgment be

entered in its favor and against Pulse~Link Incorporated and that the Cour grant the following
relief:
1. Dismiss with prejudice the Complaint, and each and every claim and count

thereof;
2. Enter judgment in favor ofTzero on the Complaint, and each and every

claim and count thereof;

3. Award Tzero its costs and reasonable attorneys' fees; and

4. Grant Tzero such other and fuher relief as this Cour deems just and
proper.

TZERO'S ANSWER TO PULSE~LIN'S

COMPLAIT FOR DAMAGES AN INJUCTIV RELIEF

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07 CV 2156 L (AJB)

Case 3:07-cv-02407-JAH-AJB

Document 13

Filed 02/25/2008

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Dated: February 25, 2008

McDERMOTT WILL & EMERY LLP

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By: s/James W. Soong Terrence P. McMahon James W. Soong
Attorneys for Defendant TZERO TECHNOLOGIES, INCORPORATED

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TZERO'S ANSWER TO PULSE~LIN'S

COMPLAIT FOR DAMGES AN
INJUCTIV RELIEF

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07 CV 2156 L (AJB)

Case 3:07-cv-02407-JAH-AJB

Document 13

Filed 02/25/2008

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PROOF OF SERVICE

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I, Jayne E. Milana, declare:

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I am a citizen ofthe United States and am employed in the County of Santa Clara, State of

Californa. I am over the age of 18 years and am not a pary to the within action. My business
address is McDermott Wil & Emery LLP, 3150 Porter Drive, Palo Alto, CA 94304. I am
personally famIlar with the business practices of

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McDermott Wil & EmeryLLP.

On February 25, 2008, following ordinary business practice and pursuant to the Electronic

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Filing Administrative Policies and Procedures Manual section 2.d, I hereby declare that I
electronically filed the

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TZERO'S ANSWER TO PULSE--LINK'S COMPLAINT FOR DAMGES AND INJUNCTIVE RELIEF

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with the Clerk of the Cour using the CM/ECF system, which wil send notification of such filing

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to Plaintiffs attorneys: John M. Benassi, Matt Lapple and Sam Hellfeld, Heller Ehran LLP, via
the email address:john.benassi~hellerehran.com.orjbenassi~hewm.com.
I declare that I am employed in the office of a member of

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the bar ofthis cour at whose

direction the service was made.

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Executed on February 25,2008, at Palo Alto, Californa.

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~cç.~
J a e E. Milana

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Proof of Service

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07 CV 2407 JAB AJB)