Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:08-cv-00140-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE FLASHPOINT TECHNOLOGY, INC., Plaintiff, v. AT&T MOBILITY, LLC, D/B/A CINGULAR WIRELESS, HTC AMERICA, INC., HTC CORP., KYOCERA WIRELESS CORP., KYOCERA CORP., LG ELECTRONICS USA, INC., LG ELECTRONICS, INC., MOTOROLA, INC., NOKIA, INC., NOKIA CORP., PALM, INC., RESEARCH IN MOTION CORP., RESEARCH IN MOTION LTD., SPRINT SPECTRUM L.P., D/B/A SPRINT PCS, T-MOBILE USA, INC., and CELLCO PARTNERSHIP, D/B/A VERIZON WIRELESS, Defendants § § § § § C.A. No. 08-140-GMS § § JURY TRIAL DEMANDED § § § § § § § § § § §

PLAINTIFF'S REPLY TO PALM, INC.'S COUNTERCLAIMS Plaintiff FlashPoint Technology, Inc. ("FlashPoint") hereby responds to each paragraph of Palm, Inc.'s ("Palm") Counterclaims as follows: PARTIES 1. 2. Upon information and belief, admitted. Admitted. JURISDICTION AND VENUE 3. Admitted that this purports to be an action for declaratory judgment pursuant to

28 U.S.C. §§ 2201 and 2002 of non-infringement and invalidity of the patents-in-suit under to the United States patent laws, 35 U.S.C. §§ 101, et seq., and that this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a), but otherwise denied. 4. Admitted.

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GENERAL ALLEGATIONS 5. Admitted that FlashPoint filed suit against Palm on March 7, 2008, claiming

infringement of one or more claims of the patents-in-suit, but otherwise denied. 6. Admitted that a justiciable controversy exists between FlashPoint and Palm

concerning the validity of one or more of the patents-in-suit and the infringement of one or more claims of the patents-in-suit, but otherwise denied. FIRST COUNTERCLAIM 7. herein. 8. 9. Denied. Denied. SECOND COUNTERCLAIM 10. herein. 11. 12. Denied. Denied. THIRD COUNTERCLAIM 13. herein. 14. Denied. Admitted that the application that led to the `956 patent was filed on FlashPoint incorporates the replies set forth to Paragraphs 1-6 as if fully set forth FlashPoint incorporates the replies set forth to Paragraphs 1-6 as if fully set forth FlashPoint incorporates the replies set forth to Paragraphs 1-6 as if fully set forth

15. [SIC: 9]

October 23, 1996, that the `956 patent issued on January 23, 2001, and that the named inventors of the `956 patent are Eric Anderson and Mike Masukawa, but otherwise denied.

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16. [SIC: 10] Admitted. 17. [SIC: 11] Denied. 18. [SIC: 12] Denied. 19. [SIC: 13] Denied. 20. [SIC: 14] Denied. 21. [SIC: 15] Denied. 22. [SIC: 16] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 22 [SIC: 16] and therefore denies same. 23. [SIC: 17] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 23 [SIC: 17] and therefore denies same. 24. [SIC: 18] Denied. 25. [SIC: 19] Denied. 26. [SIC: 20] Denied. 27. [SIC: 21] Denied. 28. [SIC: 22] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 28 [SIC: 22] and therefore denies same. 29. [SIC: 23] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 29 [SIC: 23] and therefore denies same. 30. [SIC: 24] Denied. 31. [SIC: 25] Denied. 32. [SIC: 26] Admitted that the application that led to the `480 patent was filed on May 6, 1997, that the `480 patent issued on September 12, 200, and that the named inventors of the `480 patent are Eric Anderson, Steve Saylor, and Amanda Mander, but otherwise denied.

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33. [SIC: 27] Admitted. 34. [SIC: 28] Denied. 35. [SIC: 29] Denied. 36. [SIC: 30] Denied. 37. [SIC: 31] Denied. 38. [SIC: 32] Denied. 39. [SIC: 33] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 39 [SIC: 33] and therefore denies same. 40. [SIC: 34] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 40 [SIC: 34] and therefore denies same. 41. [SIC: 35] Denied. 42. [SIC: 36] Denied. 43. [SIC: 37] Admitted that the application that led to the `914 patent was filed on February 27, 1998, that the `914 patent issued on November 26, 2002, and that the named inventor of the `914 patent is Eric Anderson, but otherwise denied. 44. [SIC: 38] Admitted. 45. [SIC: 39] Denied. 46. [SIC: 40] Denied. 47. [SIC: 41] Denied. 48. [SIC: 42] Denied. 49. [SIC: 43] Flashpoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 50 [SIC: 43] and therefore denies same.

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50. [SIC: 44] Flashpoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 50 [SIC: 43] and therefore denies same. 51. [SIC: 45] Denied. 52. [SIC: 46] Denied. 53. [SIC: 47] Denied. 54. [SIC: 48] Denied. 55. [SIC: 49] Denied. 56. [SIC: 50] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 56 [SIC: 50] and therefore denies same. 57. [SIC: 51] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 57 [SIC: 51] and therefore denies same. 58. [SIC: 52] Denied. 59. [SIC: 53] Denied. 60. [SIC: 54] Denied. 61. [SIC: 55] Denied. 62. [SIC: 56] Denied. 63. [SIC: 57] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 63 [SIC: 57] and therefore denies same. 64. [SIC: 58] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 64 [SIC: 58] and therefore denies same. 65. [SIC: 59] Denied. 66. [SIC: 60] Denied. 67. [SIC: 61] Denied.

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68. [SIC: 62] Denied. 69. [SIC: 63] Denied. 70. [SIC: 64] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 70 [SIC: 64] and therefore denies same. 71. [SIC: 65] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 71 [SIC: 65] and therefore denies same. 72. [SIC: 66] Denied. 73. [SIC: 67] Denied. 74. [SIC: 68] Admitted that the application that led to the `575 patent was filed on February 27, 1998, that the `575 patent issued on January 7, 2003, and that the named inventors of the `575 patent are Eric Anderson and Michael Ramirez, but otherwise denied. 75. [SIC: 69] Admitted. 76. [SIC: 70] Denied. 77. [SIC: 71] Denied. 78. [SIC: 72] Denied. 79. [SIC: 73] Denied. 80. [SIC: 74] Denied. 81. [SIC: 75] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 81 [SIC: 75] and therefore denies same. 82. [SIC: 76] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 82 [SIC: 76] and therefore denies same. 83. [SIC: 77] Denied. 84. [SIC: 78] Denied.

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85. [SIC: 79] Denied. 86. [SIC: 80] Denied. 87. [SIC: 81] Denied. 88. [SIC: 82] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 88 [SIC: 82] and therefore denies same. 89. [SIC: 83] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 89 [SIC: 83] and therefore denies same. 90. [SIC: 84] Denied. 91. [SIC: 85] Denied. 92. [SIC: 86] Admitted that the application that led to the `538 patent was filed on February 27, 1998, that the `538 patent issued on April 24, 2001, and that the named inventor of the `538 patent is Eric Anderson, but otherwise denied. 93. [SIC: 87] Admitted. 94. [SIC: 88] Denied. 95. [SIC: 89] Denied. 96. [SIC: 90] Denied. 97. [SIC: 91] Denied. 98. [SIC: 92] Denied. 99. [SIC: 93] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 99 [SIC: 93] and therefore denies same. 100. [SIC: 94] FlashPoint is without sufficient information or knowledge to form a belief as to the truth or falsity of the allegations of Paragraph 100 [SIC: 94] and therefore denies same. 101. [SIC: 95] Denied.

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102. [SIC: 96] Denied. 103. [SIC: 97] Admitted that the application that led to the `190 patent was filed on April 13, 1998, that the `190 patent issued on April 24, 2001, and that the named inventors of the `190 patent are Tim Takao Aihara and Rodney Somerstein, but otherwise denied. 104. [SIC: 98] Admitted. 105. [SIC: 99] Denied. 106. [SIC: 100] 107. [SIC: 101] 108. [SIC: 102] 109. [SIC: 103] 110. [SIC: 104] Denied. Denied. Denied. Denied. FlashPoint is without sufficient information or knowledge to form

a belief as to the truth or falsity of the allegations of Paragraph 110 [SIC: 104] and therefore denies same. 111. [SIC: 105] FlashPoint is without sufficient information or knowledge to form

a belief as to the truth or falsity of the allegations of Paragraph 111 [SIC: 105] and therefore denies same. 112. [SIC: 106] 113. [SIC: 107] Denied. Denied. PRAYER FOR RELIEF In addition to the relief requested in Plaintiff's Original Complaint, Plaintiff respectfully requests a judgment as follows against Palm as follows: A. That Palm takes nothing by its Counterclaims;

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B.

That the Court award Plaintiff costs and attorneys' fees incurred in defending

against these Counterclaims; and C. Any and all further relief for Plaintiff as the Court may deem just and proper. JURY DEMAND Plaintiff demands a trial by jury on all issues. Patrick J. Coughlin Michael J. Dowd Ray Arun Mandlekar COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 (619) 231-1058 John F. Ward John W. Olivo, Jr. David M. Hill Michael J. Zinna WARD & OLIVO 380 Madison Avenue New York, NY 10017 (212) 697-6262 Dated: May 20, 2008 /s/ Evan O. Williford David J. Margules (I.D. No. 2254) Evan O. Williford (I.D. No. 4162) BOUCHARD MARGULES & FRIEDLANDER, P.A. 222 Delaware Avenue, Suite 1400 Wilmington, DE 19801 Telephone: (302) 573-3500 [email protected] [email protected] Attorneys for Plaintiff Flashpoint Technology, Inc.

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CERTIFICATE OF SERVICE I, Evan O. Williford, hereby certify that on May 20, 2008, I caused to be electronically filed a true and correct copy of the foregoing document ­ Plaintiff's Reply to Palm, Inc.'s Counterclaims ­ with the Clerk of Court using CM/ECF which will send notification of such filing to the following local counsel for defendants: Jeffrey L. Moyer, Esquire Steven J. Fineman, Esquire Richards Layton & Finger One Rodney Square Wilmington, DE 19801 Attorneys for Defendants Nokia, Inc. and Nokia Corp. Josy W. Ingersoll, Esquire John W. Shaw, Esquire Karen E. Keller, Esquire Young Conaway Stargatt & Taylor The Brandywine Building 1000 West Street, 17th Floor Wilmington, DE 19801 Attorneys for Defendant Kyocera Wireless Corp., AT&T Mobility LLC and Motorola, Inc. Arthur G. Connolly, III, Esquire Connolly Bove Lodge & Hutz 1007 North Orange Street Wilmington, DE 19899 Attorneys for Defendant T-Mobile USA Inc. Richard L. Horwitz, Esquire David E. Moore, Esquire Potter Anderson & Corroon LLP Hercules Plaza 1313 North Market Street Wilmington, DE 19801 Attorneys for Defendants HTC America, Inc., HTC Corp., Research in Motion Corp. and Research in Motion Ltd.

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Frederick L. Cottrell, III, Esquire Anne Shea Gaza, Esquire Richards Layton & Finger One Rodney Square Wilmington, DE 19801 Attorneys for Defendant Sprint Spectrum d/b/a Sprint PCS Steven J. Balick, Esquire John G. Day, Esquire Lauren E. Maguire, Esquire Ashby & Geddes 500 Delaware Avenue, 8th Floor Wilmington, DE 19801 Attorneys for Defendant Cellco Partnership d/b/a Verizon Wireless Richard K. Herrmann, Esquire Morris James LLP 500 Delaware Avenue, Suite 1500 Wilmington, DE 19801 Attorneys for Defendant LG Electronics USA, Inc. Rex A. Donnelly, IV, Esquire Joanne Ceballos, Esquire Ratner Prestia 1007 Orange Street, Suite 1100 Wilmington, DE 19801 Attorneys for Defendant Palm, Inc.

/s/ Evan O. Williford David J. Margules (I.D. No. 2254) Evan O. Williford (I.D. No. 4162) BOUCHARD MARGULES & FRIEDLANDER, P.A. 222 Delaware Avenue, Suite 1400 Wilmington, DE 19801 (302) 573-3500 [email protected] [email protected] Attorneys for plaintiff Flashpoint Technology, Inc.

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