Free Answer to Counterclaim - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION REMBRANDT TECHNOLOGIES, LP Plaintiff, v. COXCOM COMMUNICATIONS, INC., COXCOM COMMUNICATIONS OPERATING, LLC, COX COMMUNICATIONS, INC., COXCOM, INC., COX ENTERPRISES, INC., CSC HOLDINGS, INC. AND CABLEVISION SYSTEMS CORPORATION Defendants. § § § § § § § § § § § § § §

CASE NO. 2:06-CV-223 [LED] JURY TRIAL REQUESTED

PLAINTIFF'S REPLY TO DEFENDANT COXCOM, INC.'S ANSWER AND COUNTERCLAIMS Plaintiff Rembrandt Technologies, LP ("Rembrandt") respectfully submits this Reply to the Answer and Counterclaims of Defendant CoxCom, Inc. ("CoxCom"). COUNTERCLAIMS 1. Rembrandt admits that it alleges that CoxCom has infringed, directly or indirectly, and

continues to infringe the Rembrandt Patents and admits that CoxCom purports to deny its infringement, but denies that CoxCom has a basis for its assertion that it does not infringe the Rembrandt Patents. 2. Rembrandt admits that CoxCom purports through its counterclaims to seek a declaration

of noninfringement, but denies that CoxCom is entitled to its requested relief. 3. Denied.

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4.

Rembrandt admits that CoxCom purports through its counterclaims to seek a declaration

of invalidity, but denies that CoxCom is entitled to its requested relief. PARTIES, JURISDICTION AND VENUE 5. 6. 7. Admitted. Admitted. Rembrandt admits that CoxCom purports to seek a declaratory judgment pursuant to 28

U.S.C. §§2201 et seq. and admits that this Court has jurisdiction under 28 U.S.C. §§ 1331 and 1338(a), but denies that CoxCom is entitled to its requested relief. 8. Admitted. COUNT ONE 9. Rembrandt repeats and re-alleges its response to paragraphs 1-8 of the Counterclaims,

and further incorporates by reference its allegations in its Complaint filed June 1, 2006. 10. Rembrandt admits that it alleges that CoxCom has infringed, directly or indirectly, and

continues to infringe the Rembrandt Patents and admits that CoxCom purports to deny its infringement, but denies that CoxCom has a basis for its assertion that it does not infringe the Rembrandt Patents. 11. Rembrandt admits that there is an actual, immediate and justiciable controversy between

CoxCom and Rembrandt, but denies that it is for the reason alleged by CoxCom. 12. 13. Denied. Denied. COUNT TWO 14. Rembrandt repeats and re-alleges its response to paragraphs 1-8 of the Counterclaims,

and further incorporates by reference its allegations in its Complaint filed June 1, 2006. 2
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15.

Rembrandt admits the parties have made the stated allegations, but denies that there is

any basis for CoxCom's assertion that some or all of the claims of each of the Rembrandt Patents are invalid and/or unenforceable. 16. Rembrandt admits that there is an actual, immediate and justiciable controversy between

CoxCom and Rembrandt, but denies that it is for the reason alleged by CoxCom. 17. 18. Denied. Denied. PRAYER FOR RELIEF WHEREFORE, Rembrandt prays that the Court deny in all respects CoxCom's prayer for relief, that the Court enter judgment against CoxCom on all claims alleged by CoxCom, and that the Court enter on behalf of Rembrandt: (a) a judgment that CoxCom has infringed the Rembrandt patents-in-suit

directly and/or indirectly by way of inducing infringement and/or contributing to the infringement of those patents; (b) a permanent injunction enjoining and restraining CoxCom and its agents,

servants, employees, affiliates, divisions and subsidiaries, and those in association therewith, from making, using, offering to sell, selling, and importing into the United States any product, or using, offering to sell, or selling any service, which falls within the scope of any claim of the patents-in-suit; (c) a judgment and order requiring CoxCom to pay Rembrandt damages under

35 U.S.C. § 284, including treble damages for willful infringement as provided by 35 U.S.C. § 284, and supplemental damages for any continuing post-verdict infringement up until entry of final judgment with an accounting as needed; 3
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(d)

a judgment and order requiring CoxCom to pay Rembrandt pre-judgment

and post-judgment interest on the damages awarded; (e) a judgment and order finding this to be an exceptional case and requiring

CoxCom to pay the costs of this action (including all disbursements) and attorney's fees as provided by 35 U.S.C. § 285; and (f) such other and further relief as the Court deems just and equitable.

DATED: October 27, 2006

Respectfully submitted,

/s/ Sam Baxter____________________ Sam Baxter State Bar No. 01938000 McKOOL SMITH, P.C. 505 E. Travis, Suite 105 Marshall, Texas 75670 Telephone: (903) 927-2111 Telecopier: (903) 927-2622 [email protected] Jeffrey A. Carter State Bar No. 03919400 McKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: (214) 978-4006 Telecopier: (214) 978-4044 [email protected] Travis Gordon White State Bar No. 21333000 McKOOL SMITH, P.C. 300 W. 6th Street, Suite 1700 Austin, Texas 78701 Telephone: (512) 692-8700 Telecopier: (512) 692-8744 [email protected]

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Robert M. Parker State Bar No. 15498000 Robert Christopher Bunt State Bar No. 00787165 PARKER & BUNT, P.C. 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 Telephone: (903) 531-3535 Telecopier: (903) 533-9687 [email protected] [email protected] Franklin Jones, Jr. State Bar No. 00000055 JONES & JONES, INC. 201 W. Houston Street P.O. Drawer 1249 Marshall, Texas 75670 Telephone: (903) 938-4395 Telecopier: (903) 938-3360 [email protected] ATTORNEYS FOR PLAINTIFF REMBRANDT TECHNOLOGIES, LP

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by U.S. mail, on this the 27th day of October, 2006.

__/s/ Sam Baxter____________________ Sam Baxter

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