Free Answer to Complaint (Notice of Removal) - District Court of Delaware - Delaware

Case 1:04-cv-00357-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE INTERMEC IP CORP., a Delaware corporation, Plaintiff, v. SYMBOL TECHNOLOGIES, INC., a Delaware corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-357-GMS DEMAND FOR JURY TRIAL

REPLY OF INTERMEC IP CORP. TO THE AMENDED COUNTERCLAIMS OF SYMBOL TECHNOLOGIES, INC. Intermec IP Corp. ("Intermec") replies to the numbered paragraphs of the Amended Counterclaims of Symbol Technologies, Inc. ("Symbol") as follows: 45. Intermec admits that Symbol's amended counterclaims purport to set forth

claims under the patent laws of the United States and the Declaratory Judgment Act. 46. Intermec admits that this Court has jurisdiction over Symbol's amended

counterclaims under 28 U.S.C. §§ 1331, 1338(a) and 2201. 47. 48. 49. Intermec admits that this Court has personal jurisdiction over it. Intermec admits that venue is proper in this district. Upon information and belief, Intermec admits that Symbol is a Delaware

corporation with a principal place of business at One Symbol Plaza, Holtsville, NY 11742. Intermec is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 49 of Symbol's amended counterclaims.

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50.

Intermec admits that it is a Delaware corporation having its principal place

of business at 6001 36th Ave. West, Everett, WA 98203. 51. Intermec admits that U.S. Patent No. 5,912,632 ("the `632 patent") is

entitled "Single Chip RF Tag Oscillator Synchronized By Base Station Modulation Frequency," and was issued on June 15, 1999. 52. Intermec admits that U.S. Patent No. 5,528,222 ("the `222 patent") is

entitled "Radio Frequency Circuit And Memory In Thin Flexible Package," and was issued on June 18, 1996. 53. Intermec admits that U.S. Patent No. 5,995,019 ("the `019 patent") is

entitled "Method For Communicating With RF Transponders," and was issued on November 30, 1999. 54. Intermec admits that U.S. Patent No. 6,371,375 ("the `375 patent") is

entitled "Method And Apparatus For Associating Data With A Wireless Memory Device," and was issued on April 16, 2002. 55. Intermec admits that it is the present owner of all rights and title to the

`632, `222, `019 and `375 patents. 56. counterclaims. 57. Intermec admits that a justiciable controversy exists concerning the Intermec denies the allegations in paragraph 56 of Symbol's amended

validity and/or infringement of the `632, `222, `019 and `375 patents; otherwise denied.

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FIRST CLAIM FOR RELIEF AGAINST INTERMEC (Declaratory Judgment of Invalidity of the `632 Patent, the `222 Patent, the `019 Patent or the `375 Patent) 58. Intermec restates and incorporates its responses to paragraphs 45-57 of

Symbol's amended counterclaims as if fully set forth herein. 59. counterclaims. 60. counterclaims. 61. counterclaims. 62. counterclaims. SECOND CLAIM FOR RELIEF AGAINST INTERMEC (Declaratory Judgment of Noninfringement of the `632 Patent, the `222 Patent, the `019 Patent or the `375 Patent) 63. Intermec restates and incorporates its responses to paragraphs 45-57 of Intermec denies the allegations in paragraph 62 of Symbol's amended Intermec denies the allegations in paragraph 61 of Symbol's amended Intermec denies the allegations in paragraph 60 of Symbol's amended Intermec denies the allegations in paragraph 59 of Symbol's amended

Symbol's amended counterclaims as if fully set forth herein. 64. counterclaims. 65. counterclaims. 66. counterclaims. Intermec denies the allegations in paragraph 66 of Symbol's amended Intermec denies the allegations in paragraph 65 of Symbol's amended Intermec denies the allegations in paragraph 64 of Symbol's amended

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67. counterclaims.

Intermec denies the allegations in paragraph 67 of Symbol's amended

PRAYER FOR RELIEF In addition to the relief prayed for in Intermec's Complaint, Intermec requests that this Court: A. Dismiss Symbol's amended counterclaims with prejudice and declare that

the claims of the `632, `222, `019 and `375 patents are valid and infringed; B. Declare that this case is exceptional pursuant to 35 U.S.C. § 285, and

award Intermec its costs and reasonable attorneys' fees; and C. proper. MORRIS, NICHOLS, ARSHT & TUNNELL /s/ Rodger D. Smith II Jack B. Blumenfeld (#1014) Rodger D. Smith II (#3778) Leslie A. Polizoti (#4299) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 [email protected] Attorneys for Plaintiff Intermec IP Corp. OF COUNSEL: Frederick A. Lorig Bruce R. Zisser BRIGHT & LORIG 633 West Fifth Street Suite 3330 Los Angeles, CA 90071 (213) 627-7774 April 20, 2005
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Grant Intermec such other and further relief as the Court deems just and

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CERTIFICATE OF SERVICE I, Rodger D. Smith II, hereby certify that on April 20, 2005 I caused to be electronically filed the Reply Of Intermec IP Corp. To The Amended Counterclaims Of Symbol Technologies, Inc. with the Clerk of the Court using CM/ECF, which will send notification of such filing to the following: Karen L. Pascale, Esquire Bouchard, Margules & Friedlander 222 Delaware Avenue Suite 1400 Wilmington, DE 19801 I also certify that copies were caused to be served on April 20, 2005 upon the following in the manner indicated: BY HAND Karen L. Pascale, Esquire Bouchard, Margules & Friedlander 222 Delaware Avenue Suite 1400 Wilmington, DE 19801

BY FEDERAL EXPRESS Eric J. Lobenfeld, Esquire Hogan & Hartson 875 Third Avenue New York, NY 10022

/s/ Rodger D. Smith II (#3778) Morris, Nichols, Arsht & Tunnell 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 [email protected]