e.Digital denies the Defendant (Arcsoft) is entitled to any relief whatsoever !!
in response to
by
Message: Typical opinion trade nonsense.
ANTON HANDAL (Bar No. 113812)
anh@handal-law.com
PAMELA C. CHALK (Bar No. 216411)
pchalk@handal-law.com
GABRIEL HEDRICK (Bar No. 220649)
ghedrick@handal-law.com
HANDAL & ASSOCIATES
750 B. Street, Suite 2510
San Diego, California 92101
Tel: 619.544.6400
Fax: 619.696.0323
Attorneys for Plaintiff and Counter-Defendant
e.Digital Corporation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
ArcSoft, Inc., dba as Closeli and as
simplicam.
Defendant.
Case No. 3:15-cv-00056-BEN-DHB
PLAINTIFF AND COUNTERDEFENDANT
E.DIGITAL
CORPORATION’S
ANSWER/REPLY TO
DEFENDANT AND
COUNTERCLAIMANT ARCSOFT,
INC.’S COUNTERCLAIMS
DEMAND FOR JURY TRIAL
Assigned to the Honorable
Judge Roger T. Benitez
Courtroom 5A (5th Floor -
Schwartz)
HANDAL & ASSOCIATES
750 B. STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
Plaintiff and Counter-Defendant e.Digital Corporation (hereinafter “Plaintiff” or “e.Digital”), hereby replies to and answers the Counterclaims(“Counterclaim” or “Counterclaims”) of Defendant and Counterclaimant ArcSoft,Inc., dba as Closeli and as simplicam (hereafter referred to as “Defendant” or“ArcSoft”) as follows:
REPLY RE: DECLARATORY JUDGMENT COUNTERCLAIMS
1. e.Digital admits to the extent that Defendant purports to assertcounterclaims for a declaratory judgment(s) of non-infringement. e.Digital incorporates by reference the allegations contained in its Complaint in this
matter (Dkt #1) as if fully set forth herein. e.Digital denies that Defendant is entitled to any of the Affirmative Defenses asserted in its Answer and furtherdenies that Defendant is entitled to any relief.
2. e.Digital denies that Defendant is entitled to any of the
Affirmative Defenses asserted in its Answer and further denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each
and every remaining allegation made in Paragraph 2 of the Counterclaim.
REPLY RE: PARTIES
3. Admitted.
4. Admitted.
REPLY RE: JURISDICTION AND VENUE
5. e.Digital admits to the extent that Defendant purports to assert ounterclaims for a declaratory judgment of non-infringement. However, e.Digital
denies that Defendant is entitled to any of the Affirmative Defenses asserted in its Answer and further denies that Defendant is entitled to any relief.
6. e.Digital admits that there is a controversy between the parties that should be resolved in this judicial forum, but denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each and
anh@handal-law.com
PAMELA C. CHALK (Bar No. 216411)
pchalk@handal-law.com
GABRIEL HEDRICK (Bar No. 220649)
ghedrick@handal-law.com
HANDAL & ASSOCIATES
750 B. Street, Suite 2510
San Diego, California 92101
Tel: 619.544.6400
Fax: 619.696.0323
Attorneys for Plaintiff and Counter-Defendant
e.Digital Corporation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
ArcSoft, Inc., dba as Closeli and as
simplicam.
Defendant.
Case No. 3:15-cv-00056-BEN-DHB
PLAINTIFF AND COUNTERDEFENDANT
E.DIGITAL
CORPORATION’S
ANSWER/REPLY TO
DEFENDANT AND
COUNTERCLAIMANT ARCSOFT,
INC.’S COUNTERCLAIMS
DEMAND FOR JURY TRIAL
Assigned to the Honorable
Judge Roger T. Benitez
Courtroom 5A (5th Floor -
Schwartz)
HANDAL & ASSOCIATES
750 B. STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
Plaintiff and Counter-Defendant e.Digital Corporation (hereinafter “Plaintiff” or “e.Digital”), hereby replies to and answers the Counterclaims(“Counterclaim” or “Counterclaims”) of Defendant and Counterclaimant ArcSoft,Inc., dba as Closeli and as simplicam (hereafter referred to as “Defendant” or“ArcSoft”) as follows:
REPLY RE: DECLARATORY JUDGMENT COUNTERCLAIMS
1. e.Digital admits to the extent that Defendant purports to assertcounterclaims for a declaratory judgment(s) of non-infringement. e.Digital incorporates by reference the allegations contained in its Complaint in this
matter (Dkt #1) as if fully set forth herein. e.Digital denies that Defendant is entitled to any of the Affirmative Defenses asserted in its Answer and furtherdenies that Defendant is entitled to any relief.
2. e.Digital denies that Defendant is entitled to any of the
Affirmative Defenses asserted in its Answer and further denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each
and every remaining allegation made in Paragraph 2 of the Counterclaim.
REPLY RE: PARTIES
3. Admitted.
4. Admitted.
REPLY RE: JURISDICTION AND VENUE
5. e.Digital admits to the extent that Defendant purports to assert ounterclaims for a declaratory judgment of non-infringement. However, e.Digital
denies that Defendant is entitled to any of the Affirmative Defenses asserted in its Answer and further denies that Defendant is entitled to any relief.
6. e.Digital admits that there is a controversy between the parties that should be resolved in this judicial forum, but denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each and
every allegation contained in Paragraph 17
of the Counterclaim.
HANDAL & ASSOCIATES
750 B. STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
fully set forth herein.
14. e.Digital denies each and every allegation contained in Paragraph 14 of the Counterclaim.
15. Admitted to the extent that e.Digital has asserted that Defendant infringes the ’522 Patent. e.Digital further admits that there is a controversy between the parties that should be resolved in this judicial forum, but denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each and every remaining allegation made in Paragraph 15 of the Counterclaim.
16. e.Digital denies each and every allegation contained in Paragraph 16 of the Counterclaim.
17. e.Digital denies each and every allegation contained in Paragraph 17 of the Counterclaim.
REPLY TO DEFENDANT’S THIRD DECLARATORY JUDGMENT COUNTERCLAIM DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE ‘523 PATENT
18. e.Digital incorporates by reference the allegations contained in its Complaint in this matter (Dkt #1) as if fully set forth herein. e.Digital incorporates by reference its answers to Paragraphs 1 through 17 to the Counterclaim as if fully set forth herein.
19. e.Digital denies each and every allegation contained in Paragraph 19 of the Counterclaim.
20. Admitted to the extent that e.Digital has asserted that Defendant infringes the ’523 Patent. e.Digital further admits that there is a controversy between the parties that should be resolved in this judicial forum, but denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each and every remaining allegation made in Paragraph 20 of the Counterclaim.
21. e.Digital denies each and every allegation contained in Paragraph Case 3:15-cv-00056-BEN-DHB Document 16 Filed 03/17/15 Page 4 of 7
HANDAL & ASSOCIATES
750 B. STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
21 of the Counterclaim.
22. e.Digital denies each and every allegation contained in Paragraph 22 of the Counterclaim. REPLY TO DEFENDANT’S FOURTH DECLARATORY JUDGMENT COUNTERCLAIM DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE ‘524 PATENT23. e.Digital incorporates by reference the allegations contained in its
Complaint in this matter (Dkt #1) as if fully set forth herein. e.Digital incorporates by reference its answers to Paragraphs 1 through 22 to the Counterclaim as if fully set forth herein. 24. e.Digital denies each and every allegation contained in Paragraph 24 of the Counterclaim. 25. Admitted to the extent that e.Digital has asserted that Defendant infringes the ’524 Patent. e.Digital further admits that there is a controversy between the parties that should be resolved in this judicial forum, but denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each and every remaining allegation made in Paragraph 25 of the Counterclaim.
26. e.Digital denies each and every allegation contained in Paragraph 26 of the Counterclaim.
27. e.Digital denies each and every allegation contained in Paragraph 27 of the Counterclaim.
REPLY TO DEFENDANT’S
FIFTH DECLARATORY JUDGMENT COUNTERCLAIM
DECLARATORY JUDGMENT OF NON-INFRINGEMENT
OF THE ‘619 PATENT 8. e.Digital incorporates by reference the allegations contained in its Complaint in this matter (Dkt #1) as if fully set forth herein. e.Digital
Case 3:15-cv-00056-BEN-DHB Document 16 Filed 03/17/15 Page 5 of 7
HANDAL & ASSOCIATES
750 B. STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
incorporates by reference its answers to Paragraphs 1 through 27 to the
Counterclaim as if fully set forth herein.
29. e.Digital denies each and every allegation contained in Paragraph 29 of the Counterclaim.
30. Admitted to the extent that e.Digital has asserted that Defendant infringes the ’619 Patent. e.Digital further admits that there is a controversy between the parties that should be resolved in this judicial forum, but denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each and every remaining allegation made in Paragraph 30 of the Counterclaim.
31. e.Digital denies each and every allegation contained in Paragraph 31of the Counterclaim.32. e.Digital denies each and everyallegationcontainedinParagraph 32
of the Counterclaim.REPLY TO DEFENDANT’S PRAYER FOR RELIEF 33. Because Defendant’s prayer for relief does not state any allegation, no response by e.Digital is required. However, e.Digital denies that the Defendant is entitled to any relief whatsoever, including any relief requested in Subparagraphs A through G of the Prayer for Relief portion of the Counterclaim
(Page 14 of the Defendant’s Answer/Counterclaim, Docket #12).
Dated: March 17, 2015
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
And Counter-Defendant
e.Digital Corporation
HANDAL & ASSOCIATES
750 B. STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing document has been served on this date to all counsel of record, if any to
date, who are deemed to have consented to electronic service via the Court’s
CM/ECF system per CivLR 5.4(d). Any other counsel of record will be served by electronic mail, facsimile and/or overnight delivery upon their appearance in this matter.
I declare under penalty of perjury of the laws of the United States that the
foregoing is true and correct. Executed this 17th day of March 2015 at San Diego,California.
Dated: March 17, 2015
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick.
Attorneys for Plaintiff
e.Digital Corporation
of the Counterclaim.
HANDAL & ASSOCIATES
750 B. STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
fully set forth herein.
14. e.Digital denies each and every allegation contained in Paragraph 14 of the Counterclaim.
15. Admitted to the extent that e.Digital has asserted that Defendant infringes the ’522 Patent. e.Digital further admits that there is a controversy between the parties that should be resolved in this judicial forum, but denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each and every remaining allegation made in Paragraph 15 of the Counterclaim.
16. e.Digital denies each and every allegation contained in Paragraph 16 of the Counterclaim.
17. e.Digital denies each and every allegation contained in Paragraph 17 of the Counterclaim.
REPLY TO DEFENDANT’S THIRD DECLARATORY JUDGMENT COUNTERCLAIM DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE ‘523 PATENT
18. e.Digital incorporates by reference the allegations contained in its Complaint in this matter (Dkt #1) as if fully set forth herein. e.Digital incorporates by reference its answers to Paragraphs 1 through 17 to the Counterclaim as if fully set forth herein.
19. e.Digital denies each and every allegation contained in Paragraph 19 of the Counterclaim.
20. Admitted to the extent that e.Digital has asserted that Defendant infringes the ’523 Patent. e.Digital further admits that there is a controversy between the parties that should be resolved in this judicial forum, but denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each and every remaining allegation made in Paragraph 20 of the Counterclaim.
21. e.Digital denies each and every allegation contained in Paragraph Case 3:15-cv-00056-BEN-DHB Document 16 Filed 03/17/15 Page 4 of 7
HANDAL & ASSOCIATES
750 B. STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
21 of the Counterclaim.
22. e.Digital denies each and every allegation contained in Paragraph 22 of the Counterclaim. REPLY TO DEFENDANT’S FOURTH DECLARATORY JUDGMENT COUNTERCLAIM DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE ‘524 PATENT23. e.Digital incorporates by reference the allegations contained in its
Complaint in this matter (Dkt #1) as if fully set forth herein. e.Digital incorporates by reference its answers to Paragraphs 1 through 22 to the Counterclaim as if fully set forth herein. 24. e.Digital denies each and every allegation contained in Paragraph 24 of the Counterclaim. 25. Admitted to the extent that e.Digital has asserted that Defendant infringes the ’524 Patent. e.Digital further admits that there is a controversy between the parties that should be resolved in this judicial forum, but denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each and every remaining allegation made in Paragraph 25 of the Counterclaim.
26. e.Digital denies each and every allegation contained in Paragraph 26 of the Counterclaim.
27. e.Digital denies each and every allegation contained in Paragraph 27 of the Counterclaim.
REPLY TO DEFENDANT’S
FIFTH DECLARATORY JUDGMENT COUNTERCLAIM
DECLARATORY JUDGMENT OF NON-INFRINGEMENT
OF THE ‘619 PATENT 8. e.Digital incorporates by reference the allegations contained in its Complaint in this matter (Dkt #1) as if fully set forth herein. e.Digital
Case 3:15-cv-00056-BEN-DHB Document 16 Filed 03/17/15 Page 5 of 7
HANDAL & ASSOCIATES
750 B. STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
incorporates by reference its answers to Paragraphs 1 through 27 to the
Counterclaim as if fully set forth herein.
29. e.Digital denies each and every allegation contained in Paragraph 29 of the Counterclaim.
30. Admitted to the extent that e.Digital has asserted that Defendant infringes the ’619 Patent. e.Digital further admits that there is a controversy between the parties that should be resolved in this judicial forum, but denies that Defendant is entitled to any relief. Except as expressly admitted, e.Digital denies each and every remaining allegation made in Paragraph 30 of the Counterclaim.
31. e.Digital denies each and every allegation contained in Paragraph 31of the Counterclaim.32. e.Digital denies each and everyallegationcontainedinParagraph 32
of the Counterclaim.REPLY TO DEFENDANT’S PRAYER FOR RELIEF 33. Because Defendant’s prayer for relief does not state any allegation, no response by e.Digital is required. However, e.Digital denies that the Defendant is entitled to any relief whatsoever, including any relief requested in Subparagraphs A through G of the Prayer for Relief portion of the Counterclaim
(Page 14 of the Defendant’s Answer/Counterclaim, Docket #12).
Dated: March 17, 2015
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
And Counter-Defendant
e.Digital Corporation
HANDAL & ASSOCIATES
750 B. STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing document has been served on this date to all counsel of record, if any to
date, who are deemed to have consented to electronic service via the Court’s
CM/ECF system per CivLR 5.4(d). Any other counsel of record will be served by electronic mail, facsimile and/or overnight delivery upon their appearance in this matter.
I declare under penalty of perjury of the laws of the United States that the
foregoing is true and correct. Executed this 17th day of March 2015 at San Diego,California.
Dated: March 17, 2015
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick.
Attorneys for Plaintiff
e.Digital Corporation
19 Recommendations
Loading...
Loading...
New Message
Please
login
to post a reply