Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-00360-JJF Document 220-2 Filed 08/29/2006 Page 1 of 3
IN THE UNITED STATES DlSTRICT COURT
FOR THE DISTRICT OF DELAWARE
AFFINION NET PATENTS, INC., )
)
Plaintiff, ) Civil Action No. O4-360-IIF
)
v. )
) REDACTED PUBLIC VERSION
MARITZ INC., )
· I
Defendant. )
MARITZ’S ANSWER TO AMENDED COMPLAINT, WITH AFFIRMATIVE
DEFENSES AND COUNTERCLAIM
Defendant Maritz Inc. (“Maritz"}, for its Answer and Counterclaim to the Amended
Complaint of Aftinion Net Patents, Inc. ("ANP")l , states as follows:
l. Maritz admits that ANP is a Delaware corporation, that it apparently is the
assignee of U.S. Pat. No. 6,009,412 ("the ‘4l2 patent”), and that Exhibit A appears to be a copy
ofthe ‘4l2 patent. Maritz denies the remaining allegations of Paragraph 1.
2. Maritz admits that Afiinion Loyalty Group, Inc. ("ALG") is a Delaware
corporation, that its principal place of business is in Richmond, Virginia, and that it operates
loyalty programs that utilize the internet. As understood, Maritz denies the remaining allegations
of Paragraph 2. In particular, Maritz denies that ALG is or should he a plaintiff in this litigation.
3. Maritz admits that Maritz Inc. is a Missouri corporation with offices at l375
North Highway Drive, Fenton, Missouri. Maritz admits that part of its business includes loyalty
and incentive programs, some of which have internevrelated aspects. Maritz denies the
remaining allegations of Paragraph 3.
' Maritz makes this answer only as to the allegations of ANP. Aftinion Loyalty Group, inc. —- which
purported to join inthe filing ofthe Amended Complaint ·- is no longer a party-plaintiii, per order of
court. D.I. l48.

Case 1 :04-cv-00360-JJF Document 220-2 Filed 08/29/2006 Page 2 of 3
4. Marirz admits that the Court has subject mattcrjurisdiction over A.N1"'s patent
infringement claim, but denies the remaining allegations o.FParagraph 4.
5. Maritz admits that the Coun has personal jurisdiction over Maritz, but denies the
remaining allegations of Paragraph 5.
6. Maritz admits that venue is proper in this Court.
7. Maritz admits that ANP has tiled an amended complaint alleging inltingement of
United States Patent No. 6,009,412 (" ‘4l2 patenf`). Maritz also admits that plaintiff has alleged
False marking pursuant to 35 U.S.C. §292 and a violation ofl5 U.S.C. §l l25(a). Maritz denies
that it has infringed any ofthe claims ofthe *412 patent, engaged in false marking, or violated
15 USC. §l l25(a) in any respect.
8. Mcuitz admits the ‘4i 2 patent is entitled "Ful1y Integrated, On Line Interactive
Frequency and Award Redemption Pr0gram" and was issued by the U.S. Patent and Trademark
Oftice on December 28, 1999. Maritz denies the remaining allegations of Paragraph 8.
9. Maritz admits that it develops and operates loyalty and incentive programs, some
of which have intemeerelated aspects. Maritz denies the remaining allegations of Paragraph 9.
lt). Maritz admits that the ‘412 patent issued on December 28, 1999 and indicated
that it was assigned to Netcentives, inc. ("Netcentives"). Maritz is without knowledge or
information sufticient to form a beliefas to the remaining allegations of Paragraph 10, and
therefore denies them.
1 1. Maritz admits that Netcentives purported to assign its rights under the *412 patent
to Trilegiant Corporation. The terms ofthe written assignment document speak for themselves.
Maritz denies the remaining allegations of Paragraph ll.
2

Case 1 :04-cv-00360-JJF Document 220-2 Filed 08/29/2006 Page 3 of 3
K2. Mari tz admits that Trilcgiant Corporation purported to assign rights under the
‘4l2 patent to Trilegiant Loyalty Solutions, Inc. The terms ofthe written assignment document
speak for themselves. Maritz denies the remaining allegations ofParagraph 12.
l3. Marttz denies the allegations of Paragraph I3, inasmuch as it is unaware of a
document dated October 15, 2005 involving the alleged subject matter. Manta further states that
the terms of any assignment agreement speak for themselves. i
14. Maritz denies the allegations of Paragraph M, inasmuch as it is unaware of a
document dated October I5. 2005 involving the alleged subject matter, Maritz further states that
the terms of any license agreement speak for themselves.
I5. Maritz admits that Trilegiant Loyalty Solutions, Inc. reportedly changed its name
to Affinion Loyalty Group, Inc. Maritz is without knowledge or information sufficient to form a
belief as to the remaining allegations of Paragraph 15, and therefore denies them.
16. Maritz denies the allegations of Paragraph l6.
17. As understood, Maritz denies the allegations of Paragraph 17.
18, Maritz admits that, on March 1, 2001, it filed U.S. Patent Application No.
09/797,l 89, entitled "System and Method for Implementing a Loyalty Program Incorporating
On—Line and Off-Line Transactions? Given what appears to be the intentionally ambiguous
nature of plaintiffs allegations, Maritz denies the remaining allegations of Paragraph l8, as
understood.
19. Maritz admits that, in 2002, it grew concerned that Trilegiant was making false,
injurious statements to customers with respect to supposed patent infringement. Maritz denies
the remaining allegations of Paragraph l9.
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