New Pacer--PLAINTIFFS TECHNOLOGY PROPERTIES LIMITED AND PATRIOT SCIENTIFIC CORPORATION'S ANSWER TO NEC ELECTRONICS AMERICA, INC.'S SECOND AMENDED COUNTERCLAIM
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
Technology Properties Limited and Patriot
Scientific Corporation,
Plaintiffs,
v.
Matsushita Electrical Industrial Co., Ltd.,
Panasonic Corporation of North America, JVC
Americas Corporation, NEC Electronics
America, Inc., Toshiba Corporation, Toshiba
America, Inc., Toshiba America Electronic
Components, Inc., Toshiba America
Information Systems, Inc. and Toshiba America
Consumer Products, LLC,
Defendants.
(WARD)(JURY)
PLAINTIFFS TECHNOLOGY PROPERTIES LIMITED AND PATRIOT SCIENTIFIC CORPORATION'S ANSWER TO NEC ELECTRONICS AMERICA, INC.'S SECOND AMENDED COUNTERCLAIM
Plaintiff Technology Properties Limited ("TPL") and Patriot Scientific Corporation ("Patriot") (collectively "Plaintiffs") hereby answer the Counterclaim of Defendant and Counterclaim Plaintiff NEC Electronics America, Inc. ("NEC Electronics") by referring to the numbered paragraphs of the Counterclaim as follows:
1. Plaintiffs are informed and believe and on that basis admit the allegations of Paragraph 1.
2. Plaintiffs admit that Technology Properties Limited is a corporation organized and existing under the laws of the State of California. Except as expressly admitted herein, Plaintiffs deny the remaining allegations of Paragraph 2.
3. Plaintiffs admit the allegations of Paragraph 3.
4. Plaintiffs admit the allegations of Paragraph 4 for jurisdiction purposes only.
5. Plaintiffs admit the allegations of Paragraph 5 for venue purposes only.
6. Plaintiffs admit the allegations of Paragraph 6 as they relate to U.S. Patent Nos. 5,809, 336 and 6,598,148. With regard to the allegations relating to U.S. Patent No. 5,784,584, Plaintiffs aver that no response is required in light of the parties' Stipulation of Partial Judgment and the Court's Order thereon dated September 12, 2007.
7. Plaintiffs admit the allegations of Paragraph 7.
8. Plaintiffs deny the allegations of Paragraph 8.
9. Plaintiffs deny the allegations of Paragraph 9.
10. Plaintiffs deny the allegations of Paragraph 10.
11. Plaintiffs deny that this Counterclaim is an exceptional case under 35 U.S.C. 285, entitling NEC Electronics to an award of its attorneys' fees, expenses and costs in this action.
PRAYER FOR RELIEF WHEREFORE, TPL respectfully requests judgment of the Court against NEC Electronics as follows:
a. a declaration that NEC Electronics' accused products infringe U.S. Patent Nos. 6,598,148 and 5,809, 336;
b. a declaration that U.S. Patent Nos. 6,598,148 and 5,809, 336 are not invalid;
c. a declaration that U.S. Patent Nos. 6,598,148 and 5,809, 336 are not unenforceable;
d. an award of attorney's fees and costs; and
e. such other costs and further relief as the Court may deem just and equitable.
DATED: October 3, 2007
Respectfully submitted,
Roger L. Cook
TOWNSEND and TOWNSEND and CREW LLP
Roger L. Cook, CA State Bar No. 55208
Two Embarcadero Center, 8th Floor
San Francisco, California 94111
CERTIFICATE OF SERVICE
I hereby certify that counsel of record who are deemed to have consented to electronic service are being served this 2007, with a copy of this document via the Court’s CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by electronic mail, facsimile transmission and/or first class mail on this same date.
Roger L. Cook
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