`Case 1:11—cv—00797—RGA Document 106
`Filed 01/12/12 Page 1 of 4 Page|D #: 661
`
`UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`FastVDO LLC,
`
`v.
`
`Apple Inc., et al.,
`
`Plaintiff,
`
`Defendants.
`
`C.A. No. 11-797-RGA
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF FASTVDO LLC'S ANSWER TO DEFENDANT
`
`LITE-ON SALES AND DISTRIBUTION. INC.’S COUNTERCLAIMS TO THE
`
`FIRST AMENDED COMPLAINT
`
`Plaintiff FastVDO LLC (“FastVDO”), by and through its undersigned attorneys, answers
`
`the counterclaims of Lite-On Sales and Distribution, Inc. (“Lite-On”) by corresponding
`
`paragraph number as follows:
`
`PARTIES
`
`FastVDO admits that Lite-On is a corporation organized and existing under the laws of
`
`the State of California, having a principal place of business at 42000 Christy Street, Fremont,
`
`California 94538.
`
`FastVDO admits that it is a Florida limited liability corporation with a principal place of
`
`business at 750 N. Atlantic Avenue, Cocoa Beach, Florida 32931.
`
`JURISDICTION AND VENUE
`
`1.
`
`FastVDO admits that Lite-On purports to set forth counterclaims that arise under
`
`federal law and that this court has subject matter jurisdiction as alleged. To the extent that the
`
`
`
`Case 1:11-cv-00797-RGA Document 106 Filed 01/12/12 Page 2 of 4 PageID #: 662
`Case 1:11—cv—00797—RGA Document 106
`Filed 01/12/12 Page 2 of 4 Page|D #: 662
`
`remaining allegations in this paragraph are other than legal conclusions (which require no
`
`response), the allegations are denied.
`
`2.
`
`3.
`
`Admitted.
`
`Admitted that Venue is proper in this district. To the extent that the remaining
`
`allegations in this paragraph are other than legal conclusions (which require no response), the
`
`allegations are denied. To the extent that Lite-On incorporates the allegations regarding the
`
`impropriety of venue in this district made in paragraph 23 of its answer to the First Amended
`
`Complaint, those allegations are denied.
`
`FIRST COUNTERCLAIM
`
`(Declaratory Judgment of Non-Infringement)
`
`4.
`
`FastVDO incorporates its responses to the paragraphs of Lite-On’s counterclaims
`
`with respect to the Parties as though fully set forth herein. FastVDO incorporates its responses
`
`to numbered paragraphs 1-3 of Lite-On’s counterclaims as though fully set forth herein.
`
`5.
`
`6.
`
`Admitted that FastVDO is the sole owner of the ‘O81 Patent.
`
`FastVDO admits that it has alleged that Lite-On has infringed the ‘O81 Patent and
`
`that Lite-On denies these allegations. FastVDO also admits that Lite-On seeks a declaration of
`
`non-infringement of the ‘O81 Patent and that an actual and justiciable controversy exists between
`
`FastVDO and Lite-On with respect to Lite-On’s infringement of the ‘O81 Patent. FastVDO
`
`denies the remaining allegations in this paragraph and that Lite-On is entitled to its requested
`
`relief.
`
`7.
`
`Denied.
`
`SECOND COUNTERCLAIM
`
`(Declaratory Judgment of Invalidity)
`
`
`
`Case 1:11-cv-00797-RGA Document 106 Filed 01/12/12 Page 3 of 4 PageID #: 663
`Case 1:11—cv-00797-RGA Document 106
`Filed 01/12/12 Page 3 of 4 Page|D #: 663
`
`8.
`
`FastVDO incorporates its responses to paragraphs 1-7 of Lite-On’s counterclaims
`
`as though fully set forth herein.
`
`9.
`
`FastVDO admits that it has alleged that Lite-On has infringed the ‘O81 Patent and
`
`that Lite-On denied that the ‘O81 Patent is valid. FastVDO also admits that Lite-On seeks a
`
`declaration that the ‘O81 Patent is invalid and that an actual and justiciable controversy exists
`
`between FastVDO and Lite-On with respect to the validity of the ‘O81 Patent. FastVDO denied
`
`the remaining allegations in this paragraph and that Lite-On is entitled to its requested relief.
`
`10.
`
`Denied.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, FastVDO prays for the following relief with regard to Lite-On’s
`
`counterclaims:
`
`A.
`
`B.
`
`A dismissal with prejudice of Lite-On’s counterclaims;
`
`An adjudication that Lite-On is not entitled to any relief on its counterclaims,
`
`including, without limitation, any fine or damages;
`
`C.
`
`Costs and such further relief to which F astVDO 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 106 Filed 01/12/12 Page 4 of 4 PageID #: 664
`Case 1:11—cv—00797-RGA Document 106
`Filed 01/12/12 Page 4 of 4 Page|D #: 664
`
`Date: January 12, 2012
`
`FARNAN LLP
`
`/s/ Brian E. Farnan
`
`Joseph J. Faman, Jr. (Bar No. 100245)
`Brian E. Farnan (Bar No. 4089)
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`(302) 777-0300
`bfarnan@farnanlaw.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 Plaim‘ifi"FastVDO, LLC
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