`Case 1:11—cv—00797—RGA Document 107
`Filed 01/12/12 Page 1 of 4 Page|D #: 665
`
`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
`
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC.’S COUNTERCLAIMS
`
`TO THE FIRST AMENDED COMPLAINT
`
`Plaintiff FastVDO LLC (“FastVDO”), by and through its undersigned attorneys, answers
`
`the counterclaims of Toshiba America Information Systems, Inc. (“Toshiba”) by corresponding
`
`paragraph number as follows:
`
`COUNTERCLAIMS
`
`Parties
`
`1.
`
`2.
`
`Admitted.
`
`FastVDO admits that it is a Florida limited liability corporation with a principal
`
`place of business at 750 N. Atlantic Ave., Cocoa Beach, Florida 32391, and that it is the owner
`
`by assignment and merger of the ‘081 Patent.
`
`Jurisdiction and Venue
`
`3.
`
`FastVDO admits that Toshiba purports to set forth counterclaims for declaratory
`
`judgment that it has not infringed the claims of the ‘081 patent and that the claims of the ‘O81
`
`patent are not Valid and/or enforceable. FastVDO denies the merits of Toshiba’s counterclaims
`
`
`
`Case 1:11-cv-00797-RGA Document 107 Filed 01/12/12 Page 2 of 4 PageID #: 666
`Case 1:11—cv—00797—RGA Document 107
`Filed 01/12/12 Page 2 of 4 Page|D #: 666
`
`and that Toshiba is entitled to its requested relief.
`
`4.
`
`FastVDO admits that the counterclaims set forth by Toshiba arise under federal
`
`law and that this court has subject matter as alleged.
`
`5.
`
`FastVDO admits that it filed the First Amended Complaint on October 31, 2011,
`
`which alleged infringement of the ‘081 Patent against Toshiba America, Inc., that Toshiba
`
`America, Inc. was subsequently dismissed, and that Toshiba was added to the suit in its stead.
`
`FastVDO also admits that there is an actual and justiciable controversy between FastVDO and
`
`Toshiba regarding Toshiba’s infringement of the ‘081 Patent, as well as the validity and
`
`enforceability of the ‘081 Patent.
`
`6.
`
`Admitted.
`
`Declarato
`
`Jud ment — Noninfrin ement of the ‘081 atent
`
`First Counterclaim
`
`7.
`
`FastVDO incorporates by reference all of the allegations of its First Amended
`
`Complaint. FastVDO denies all of the allegations of Toshiba’s affirmative defenses. FastVDO
`
`incorporates its responses to paragraphs 1-6 of Toshiba’s counterclaims as though fully set forth
`
`herein.
`
`8.
`
`9.
`
`Denied.
`
`Denied.
`
`10.
`
`Denied.
`
`Second Counterclaim
`
`Declarato
`
`Jud ment—Invalidi
`
`of the ‘081 atent
`
`ll.
`
`FastVDO incorporates by reference all of the allegations of its First Amended
`
`Complaint. FastVDO denies all of the allegations of Toshiba’s affirmative defenses. FastVDO
`
`incorporates its responses to paragraphs 1-10 of Toshiba’s counterclaims as though fully set forth
`
`
`
`Case 1:11-cv-00797-RGA Document 107 Filed 01/12/12 Page 3 of 4 PageID #: 667
`Case 1:11—cv—00797—RGA Document 107
`Filed 01/12/12 Page 3 of 4 Page|D #: 667
`
`herein.
`
`12.
`
`Denied.
`
`13.
`
`Denied.
`
`Declarato
`
`Jud ment—Unenforceabili
`
`of the ‘081 atent
`
`Third Counterclaim
`
`14.
`
`FastVDO incorporates by reference all of the allegations of its First Amended
`
`Complaint. FastVDO denies all of the allegations of Toshiba’s affirmative defenses. FastVDO
`
`incorporates its responses to paragraphs 1-13 of Toshiba’s counterclaims as though fully set forth
`
`herein.
`
`15.
`
`Denied.
`
`16.
`
`Denied.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, FastVDO prays for the following relief with regard to Toshiba’s
`
`counterclaims:
`
`A.
`
`B.
`
`A dismissal with prejudice of Toshiba’s counterclaims;
`
`An adjudication that Toshiba 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 107 Filed 01/12/12 Page 4 of 4 PageID #: 668
`Case 1:11—cv—00797-RGA Document 107
`Filed 01/12/12 Page 4 of 4 Page|D #: 668
`
`Date: January 12, 2012
`
`FARNAN LLP
`
`/s/ Brian E. Farnan
`
`Joseph J. Farnan, Jr. (Bar No. 100245)
`Brian E. Faman (Bar No. 4089)
`919 North Market Street, 12th Floor
`
`Wilmington, DE 19801
`(302) 777-0300
`bfarnan@farnanlaw.corn
`
`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‘zfi"FastVDO, LLC
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