Free Answer to Counterclaim - District Court of California - California

Case 3:07-cv-02277-BTM-RBB

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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 J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ) Case No. 07cv02277 BTM CAB ) ) COUNTER DEFENDANT'S REPLY ) TO COUNTERCLAIMS ) Plaintiff, ) v. ) ) ESSEPLAST (USA) NC, INC., a Delaware corporation, and DOES 1-100, ) ) ) Defendants. _________________________________ ) ) ) and related counterclaims. ) ) JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, // //

Case 3:07-cv-02277-BTM-RBB

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Plaintiff/Counter defendant JENS E. SORENSEN, as TRUSTEE OF THE SORENSEN RESEARCH AND DEVELOPMENT TRUST ("SRDT"), for its Reply to Defendant/Counterclaimant ESSEPLAST USA (NC) INC's.

COUNTERCLAIMS, replies as follows:

COUNTERCLAIMS FOR DECLARATORY RELIEF

1.

Admit that Esseplast USA (NC) Inc. is purporting to state a claim for

declaratory relief. Otherwise, denied. 2. 3. 4. 5. 6. 7. 8. Upon information and belief, admit. Admit. Admit. Admit. Admit. Admit Admit that Sorensen, by his complaint, has asserted infringement of the

`184 patent by Esseplast, and, by its Answer, Esseplast has denied Sorensen's allegations. Admit the existence of a substantial and continuing justiciable controversy between Esseplast and Sorensen relating to Sorensen's allegations of infringement of the `184 patent by certain of Esseplast's products. The remainder of paragraph 8 is denied. 9. Sorensen incorporates by reference each and every response contained

in paragraphs 1-8 herein as though fully set forth. 10. 11. 12. Deny. Deny. Sorensen incorporates by reference each and every response contained

in paragraphs 1-11 herein as though fully set forth.
2.
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13. 14.

Deny. Deny.

WHEREFORE, SRDT prays that judgment on Esseplast's Counterclaims be entered as follows: a. relief; b. That this case is decreed an "exceptional case" and SRDT is awarded For judgment in favor of SRDT and against Esseplast on all requested

reasonable attorneys' fees by the Court pursuant to 35 U.S.C. § 285; c. d. For costs of suit herein incurred; For such other and further relief as the Court may deem just and proper.

DATED this 14th day of February, 2008. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff /s/ Melody A. Kramer Melody A. Kramer, Esq. J. Michael Kaler, Esq. Attorneys for Plaintiff

3.

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Gregory J. Lundell DLA Piper USA LLC 2000 University Avenue East Palo Alto, CA 94303-2214 [email protected] Elizabeth Day DLA Piper USA LLC 2000 University Avenue East Palo Alto, CA 94303-2214 [email protected] PERSON(S) SERVED

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 February 14 2008, I served the following documents:

COUNTER DEFENDANT'S REPLY TO COUNTERCLAIMS

PARTY(IES) SERVED

METHOD OF SERVICE Email--Pleadings Filed with the Court via CM/ECF

Alan A. Limbach DLA Piper USA LLC 2000 University Avenue East Palo Alto, CA 94303-2214 [email protected]

Esseplast (USA) NC, Inc.

Esseplast (USA) NC, Inc

Email--Pleadings Filed with the Court via CM/ECF

Esseplast (USA) NC, Inc

Email--Pleadings Filed with the Court via CM/ECF

(Personal Service) I caused to be personally served in a sealed envelope hand-delivered to the office of counsel during regular business hours. (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. (Facsimile) I caused a true copy of the foregoing documents to be transmitted by facsimile machine to the above noted addressees. The facsimile transmissions were reported as complete and without error.

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(Email) I emailed a true copy of the foregoing documents to an email address represented to be the correct email address for the above noted addressee. X (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. (U.S. Mail) I mailed a true copy of the foregoing documents to a mail address represented to be the correct mail address for the above noted addressee. I declare that the foregoing is true and correct, and that this declaration was executed on Thursday, February 14, 2008, in San Diego, California.

/s./ Melody A. Kramer Melody A. Kramer