Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-00360-JJF Document 220-4 Filed 08/29/2006 Page 1 of 3
L, To the extent ANP purports to allege claims or recover damages on behalf of
ALG, it is barred from doing so by order ofcourt and a lack ofstanding.
M. ANP lacks standing to assert patent infringement.
WHEREFORE, having fully miswered, Maritz requests the Court to dismiss the
Amended Complaint, award Mmjtz its
a£tomeys’ fees and costs incurred in this case, and order such other and further relief as the Court
may deem just and proper.
COUN'I`RRCl.AliVÂ¥
This Coimterclaiim seeks declaratory judgment in favor of counterclaim-plaintiff Mari tz
and against counterclaim—dcfendar1t ANP. In support of this Cozznterclaim, Maritz states;
I. bizxritz is zz corporation organized and cxisting undcr thc luws ofthe State of
Missouri, with a principal place of business in Fenton, Missouri.
2. ANP has alleged that it is a corporation organized and existing under the laws of
the State ot`1)elaware.
3. Paragraphs 1 through 41 ofMaritz’s foregoing Answer to Amended Complaint, as
well as its Additional and Aftirmative Defenses, are incorporated by reference herein as if fully
set forth.
4. This counterclaim arises under the Federal Declaratory Judgment Act and the
patent laws ofthe United States of America. Jurisdiction in this Court is proper pursuant to 28
U.S.C. §§ 1331, l338(a), and 2201 and Federal Rule of Civil Procedure 13. Venue is proper
under 28 U.S.C. §1391.
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Case 1 :04-cv-00360-JJF Document 220-4 Filed 08/29/2006 Page 2 of 3
5. As a result oftln: allegations made by ANP in its Amended Complaint and
statements made previously, an actual controversy exists between ANP and Mantz as to the non—
infringement, invalidity, and unenforccability ofthe *4 12 patent.
FIRST CLAIM
Declaratorv Relief for Noninfringement ofthe ‘4} 2 Patent
6. Mari tz incorporates by reference the allegations of Paragraphs 1 through 5 of this
Counterclaim as if fully set forth.
7. ANP claims to he the zmsignee and owner ofthe ‘4l2 patent, entitled "Fully
Integrated, On~Line Interactive Frequency and Award Redemption Program" and issued bythe
U.S. Patent and Trademark Office on December 28, 1999.
8. ANP has charged Mnritz with inii-ingemenz zmdfor inducement of infringement of
the ‘4l2 patent.
9. Moritz has never infringed, directly or indirectly, the ‘4l2 patent.
SECOND CLAiM
Declaratog Relief for Invaliditv ofthe ‘412 Patent
10. Maritz incorporates by reference the allegations of Paragraphs 1 through 9 ofthis
Counterclairn as if fully set forth.
ll. Each claim ofthe *412 patent is invalid under the provisions of35 U.S.C. §§ 101,
lO2, 103, and/or l 12, or otherwise.
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Case 1 :04-cv-00360-JJF Document 220-4 Filed 08/29/2006 Page 3 of 3
ALLEGATIONS COMMON TO THE REMAINING CLAIMS
}2. Maritz incorporates by reference the allegations ofPamgmphs I through I 1 of
this Countcrclaim as if fully set forth.
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14. Thomas Storey is listed as the sole inventor ofthe ‘412 patent, which was Bled on
June 25, 1998. The *412 patent is a oontinuation ofzppiication No. 08/572,017, Bled December
14, 1995, which ultimately issued as U.S. Pat. No. 5,774,870 ("the ‘870 patent") on June 30,
1998. Mr. Storey is also Iistcd as sole inventor of the ‘870 pate11t, ¤,
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