Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1 :07-cv-00787-SLR Document 127 Filed 07/30/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GIRAFA.COM, INC., )
)
Plaintiff, )
)
v. ) C.A. No. 07-787-SLR
)
AMAZON WEB SERVICES LLC, )
AMAZON.COM, INC., ALEXA )
INTERNET, INC., IAC SEARCH & )
MEDLA, INC., SNAP TECHNOLOGIES, INC., )
YAHOO! INC., SMARTDEVIL INC., )
EXALEAD, INC., and EXALEAD S.A., )
)
Defendants. )
PLAINTIFF’S REPLY TO AMENDED COUNTERCLAIMS OF
DEFENDANT SNAP TECHNOLOGIES, INC.
Plaintiff and Counterclaim Defendant Girafa.Com, Inc. ("Girafa") hereby replies to Snap
Technologies, Inc.’s ("Snap") Amended Answer to Complaint, Affirmative Defenses and
Counterclaims as follows:
COUNTERCLAIMS
66. Girafa admits that Snap seeks a declaratory judgment as stated, but denies that
any such judgment is warranted.
JURISDICTION
67. Girafa admits the allegations in paragraph 67 of Snap’s Counterclaims.
68. Girafa admits the allegations in paragraph 68 of Snap’s Counterclaims.
_ 69. Girafa admits the allegations in paragraph 69 of Snap’s Counterclaims.
70. Girafa admits that Girafa alleges in its Complaint that Snap has infringed the
patent-in-suit and that Snap denies Girafa’s allegations of iniingement of the patent-in-suit, and
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Case 1:07-cv-00787-SLR Document 127 Filed 07/30/2008 Page 2 of 4
that an actual and justiciable controversy exists. Girafa denies the remaining allegations in this
paragraph.
COUNT I
(Declaratory Judgment of Non-infringement)
71. Girafa restates and incorporates by reference its responses to paragraphs 66-70 of
Snap’s Coimterclaims as if fully set forth herein.
72. Girafa denies the allegations of paragraph 72 of Snap’s Counterclaims.
73. Girafa denies the allegations of paragraph 73 of Snap’s Counterclaims. _
74. Girafa admits that the stated controversy exists.
75. Girafa denies the allegations of paragraph 75 of Snap’s Counterclaims.
COUNT II
(Declaration of Invalidity)
76. Girafa restates and incorporates by reference its responses to paragraphs 66-75 of
Snap’s Counterclaims as if fully set forth herein
77. Girafa denies the allegations of paragraph 77 of Snap’s Counterclaims.
78. Girafa denies the allegations of paragraph 78 of Snap’s Counterclaims. I
79. Girafa admits that the stated controversy exists.
80. Girafa denies the allegations of paragraph 80 of Snap’s Counterclaims.
PRAYER FOR RELIEF
Girafa denies that Snap is entitled to any aspect of the relief it seeks.
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Case 1:07-cv-00787-SLR Document 127 Filed 07/30/2008 Page 3 of 4
ADDITIONAL PRAYER FOR RELIEF
WHEREFORE, in addition to its Complaint and in response to Snap’s
Counterclaims, Girafa respectfully requests that:
a. Judgment be entered declaring that each of the claims of the ‘904 patent is
valid, enforceable and infringed;
b. Judgment be entered that each of the counterclaims against Girafa is
dismissed with prejudice;
c. Judgment be entered awarding Girafa its costs and reasonable attorneys’
fees pursuant to 35 U.S.C. § 285; and
d. The Court enter such other and further relief as the Court may deem just
and proper under the circumstances.
ASHBY & GEDDES
/s/ T yfany Geyer Lydon
Steven J. Balick (I.D. # 2114)
John G. Day (I.D. # 2403)
Tiffany Geyer Lydon (I.D. # 3950)
500 Delaware Avenue, 8th Floor
P.O. Box 1 150
Wilmington, DE 19899
(302) 654-1888
sba1ick@ashby-geddescom
j [email protected]
[email protected]
Attorneys for Plaintyf Gimfa. com Inc.
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Of Counsel:
William H. Mandir
John F. Rabena
Carl J. Pellegrini
Chandran B. Iyer
Trevor C. Hill
SUGHRUE MION, PLLC
2100 Pennsylvania Ave., N.W.
Washington D.C. 20037
(202) 293-7060
Dated: July 30, 2008
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