`Case 1:11—cv—00797—RGA Document 105
`Filed 01/12/12 Page 1 of 4 Page|D #: 657
`
`UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`FastVDO LLC,
`
`V.
`
`Apple Inc., et al.,
`
`Plaintiff,
`
`Defendants.
`
`C.A. N0. 11-797-RGA
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF FASTVDO LLC'S ANSWER TO DEFENDANT
`
`DXG TECHNOLOGY gU.S.A.g, INC.’S COUNTERCLAIMS TO THE FIRST
`AMENDED COMPLAINT
`
`Plaintiff FastVDO LLC (“FastVDO”), by and through its undersigned attorneys, answers
`
`the counterclaims of DXG Technology (U.S.A.), Inc. (“DXG”) by corresponding paragraph
`
`number as follows:
`
`COUNTERCLAIMS
`
`1.
`
`The allegations in paragraph 1 require no response. To the extent that the
`
`allegations in paragraph 1 require a response, the allegations are denied.
`
`PARTIES
`
`Admitted.
`
`FastVDO admits that it is a Florida limited liability corporation with a principal
`
`2.
`
`3.
`
`place of business at 750 N. Atlantic Ave., Cocoa Beach, Florida 32391, and that it is the assignee
`
`and owner of all rights, title, and interest in the ‘O81 Patent.
`
`JURISDICTION
`
`4.
`
`FastVDO admits that it has alleged that DXG’s cameras and camcorders infringe
`
`
`
`Case 1:11-cv-00797-RGA Document 105 Filed 01/12/12 Page 2 of 4 PageID #: 658
`Case 1:11—cv—00797—RGA Document 105
`Filed 01/12/12 Page 2 of 4 Page|D #: 658
`
`the ‘081 Patent and that FastVDO is entitled to damages. FastVDO admits that DXG has denied
`
`these allegations and that DXG denies that its cameras and/or camcorders infringe these the ‘081
`
`Patent. FastVDO denies the remaining allegations of this paragragh.
`
`5.
`
`Admitted that there is an actual and justiciable controversy between FastVDO and
`
`DXG regarding the ‘081 Patent. FastVDO admits that DXG sets forth counterclaims for
`
`declaratory relief of non-infringement and invalidity. FastVDO denies the merits of DXG’s
`
`counterclaims and that DXG is entitled to its requested relief.
`
`6.
`
`FastVDO admits that DXG’s purported counterclaims arise under federal law and
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`that this court has subj ect matter jurisdiction as alleged. FastVDO also admits the Court has
`
`personal jurisdiction over it.
`
`7.
`
`Admitted.
`
`VENUE
`
`COUNT I — Declaratorv Judgment of Non-Infringement
`
`8.
`
`FastVDO incorporates its responses to paragraphs 1-7 of DXG’s counterclaims as
`
`though fully set forth herein.
`
`9.
`
`Denied.
`
`10.
`
`Denied.
`
`COUNT II — Declaratory Judgment of Invalidi§_v_
`
`11.
`
`FastVDO incorporates its responses to paragraphs 1-7 of DXG’s counterclaims as
`
`though fully set forth herein.
`
`12.
`
`Denied.
`
`13.
`
`Denied.
`
`
`
`Case 1:11-cv-00797-RGA Document 105 Filed 01/12/12 Page 3 of 4 PageID #: 659
`Case 1:11-cv-00797—RGA Document 105
`Filed 01/12/12 Page 3 of 4 Page|D #: 659
`
`PRAYER FOR RELIEF
`
`WHEREFORE, FastVDO prays for the following relief with regard to DXG’s
`
`counterclaims:
`
`A.
`
`B.
`
`A dismissal with prejudice of DXG’s counterclaims;
`
`An adjudication that DXG is not entitled to any relief on its counterclaims,
`
`including, without limitation, any fine or damages;
`
`C.
`
`Costs and such further relief to which FastVDO is entitled, and which the
`
`Court deems just and equitable.
`
`DEMAND FOR JURY TRIAL
`
`FastVDO demands a trial by jury on all issues so triable.
`
`
`
`Case 1:11-cv-00797-RGA Document 105 Filed 01/12/12 Page 4 of 4 PageID #: 660
`Case 1:11—cv—00797-RGA Document 105
`Filed 01/12/12 Page 4 of 4 Page|D #: 660
`
`Date: January 12, 2012
`
`FARNAN LLP
`
`/s/ Brian E. Farnan
`
`Joseph J. Farnan, Jr. (Bar No. 100245)
`Brian E. Farnan (Bar No. 4089)
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`(302) 777-0300
`bfarnan@farnan1aw.com
`
`Alexander C.D. Giza (admitted pro hac vice)
`Marc A. Fenster (admitted pro hac vice)
`Kevin P. Burke (admitted pro hac vice)
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025-1031
`(310) 826-7474
`agiza@raklaw.com
`mfenster@raklaw.com
`kburke@raklaw.com
`
`Attorneys for PlaintiffFastVDO, LLC
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