Free Answer to to CounterClaim - District Court of California - California

Case 5:08-cv-00133-RMW

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Filed 03/21/2008

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1 Henry C. Su (SBN 211202; [email protected]) Katharine L. Altemus (SBN 227080; [email protected]) 2 HOWREY LLP 1950 University Avenue, 4th Floor 3 East Palo Alto, California 94303 Telephone: (650) 798-3500 4 Facsimile: (650) 798-3600 5 Robert Ruyak Matthew Wolf 6 Marc Cohn HOWREY LLP 7 1229 Pennsylvania Avenue, NW Washington, DC 20004 8 Telephone: (202) 783-0800 Facsimile: (202) 383-6610 9 Attorneys for Plaintiffs 10 HOLOGIC, INC., CYTYC CORPORATION and HOLOGIC LP 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C08 00133 RMW (RS) PLAINTIFFS' REPLY TO DEFENDANT'S COUNTERCLAIMS DEMAND FOR JURY TRIAL

14 HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC L.P., 15 Plaintiffs, 16 vs. 17 SENORX, INC., 18 Defendant. 19 20 AND RELATED COUNTERCLAIMS. 21 22 23 24 25 26 27 28
HOWREY LLP

Pls.' Reply to Def.'s Counterclaims Case No. C08 00133 RMW (RS)

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Plaintiffs Hologic, Inc., Cytyc Corporation, and Hologic L.P. (collectively "Hologic"), by

2 counsel, hereby reply to the counterclaims filed by Defendant SenoRx, Inc. ("SenoRx") and states as 3 follows: 4 5 6 49. COUNTERCLAIMS PARTIES Hologic lacks sufficient information with which to admit or deny the allegations of

7 Paragraph 49 of the Counterclaims and on that basis denies the same. 8 50. Hologic admits that Hologic, Inc. is a Delaware corporation with its principal place of

9 business in Bedford, Massachusetts. 10 51. Hologic admits that Cytyc Corporation is a Delaware corporation with its principal

11 place of business in Marlborough, Massachusetts. 12 52. Hologic admits that Hologic L.P. is a limited partnership with its principal place of

13 business in Marlborough, Massachusetts. 14 15 53. JURISDICTION Hologic admits that the Counterclaims purport to seek a declaration of patent

16 infringement and invalidity arising under 35 U.S.C. §§ 101 et seq., and that this Court would have 17 jurisdiction over the subject matter of such an action pursuant to 28 U.S.C. §§ 1331, 1338, 1367, 2201, 18 and 2202. 19 20 \\ 21 22 23 24 25 26 27 28
Pl.'s Reply to Def.' Counterclaims Case No. C08 00133 RMW (RS) -1-

54.

Hologic admits that venue in this Court is proper under 28 U.S.C. §§ 1391 and 1400(b).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 \\ 23 24 25 26 27 28 67. 68. 65. 66. 63. 64. 61. 62. 59. 60. 57. 58. 55. 56.

ANSWER TO COUNT ONE OF THE COUNTERCLAIMS No separate response to Paragraph 55 of the Counterclaims is required. Hologic denies the allegations of Paragraph 56 of the Counterclaims. ANSWER TO COUNT TWO OF THE COUNTERCLAIMS No separate response to Paragraph 57 of the Counterclaims is required. Hologic denies the allegations of Paragraph 58 of the Counterclaims. ANSWER TO COUNT THREE OF THE COUNTERCLAIMS No separate response to Paragraph 59 of the Counterclaims is required. Hologic denies the allegations of Paragraph 60 of the Counterclaims. ANSWER TO COUNT FOUR OF THE COUNTERCLAIMS No separate response to Paragraph 61 of the Counterclaims is required. Hologic denies the allegations of Paragraph 62 of the Counterclaims. ANSWER TO COUNT FIVE OF THE COUNTERCLAIMS No separate response to Paragraph 63 of the Counterclaims is required. Hologic denies the allegations of Paragraph 64 of the Counterclaims. ANSWER TO COUNT SIX OF THE COUNTERCLAIMS No separate response to Paragraph 65 of the Counterclaims is required. Hologic denies the allegations of Paragraph 66 of the Counterclaims. ANSWER TO COUNT SEVEN OF THE COUNTERCLAIMS No separate response to Paragraph 67 of the Counterclaims is required. The allegations of paragraph 68 set forth a legal conclusion to which no response is

Pl.'s Reply to Def.' Counterclaims Case No. C08 00133 RMW (RS)

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1 required. 2 Dated: March 21, 2008 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Pl.'s Reply to Def.' Counterclaims Case No. C08 00133 RMW (RS) -3-

HOWREY LLP

By:

/s/ Katharine L. Altemus Katharine L. Altemus

HOWREY LLP Attorneys for Plaintiffs Hologic, Inc., Cytyc Corporation, and Hologic LP