`Case 1:11—cv—00797—RGA Document 127
`Filed 04/12/12 Page 1 of 3 Page|D #: 831
`
`UNITED STATES DISTRICT COURT
`
`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 SAMSUNG
`ELECTRONICS AMERICA INC.’S COUNTERCLAIMS
`
`Plaintiff FastVDO, LLC (“FastVDO”), by and through its undersigned attorneys,
`
`answers the counterclaims of Defendant Samsung Electronics America, Inc. (“Samsung”)
`
`by corresponding paragraph number as follows:
`
`NATURE AND BASIS OF THE ACTION
`
`1.
`
`FastVDO admits that Samsung purports to assert counterclaims for
`
`declaratory judgment of patent non-infringement under 28 U.S.C. §§ 2201 and 2202 and
`
`that the Court has jurisdiction over Samsung’s counterclaims. FastVDO denies the
`
`merits of Samsung’s counterclaims and that Samsung is entitled to its requested relief.
`
`JURISDICTION AND PARTIES
`
`2.
`
`FastVDO admits that the Court has subject matter jurisdiction over this
`
`controversy.
`
`3.
`
`4.
`
`Admitted.
`
`FastVDO admits that it is a Florida limited liability corporation with a
`
`principal place of business at 750 N. Atlantic Ave., Cocoa Beach, FL 32931.
`
`5.
`
`FastVDO admits that Venue is proper in this judicial district.
`
`
`
`Case 1:11-cv-00797-RGA Document 127 Filed 04/12/12 Page 2 of 3 PageID #: 832
`Case 1:11—cv—00797—RGA Document 127
`Filed 04/12/12 Page 2 of 3 Page|D #: 832
`
`FIRST COUNTERCLAIM FOR RELIEF
`
`(For Declaratory Judgment of Non-Infringement of the Patent-In-Suit)
`
`6.
`
`FastVDO incorporates its responses to paragraphs 1-5 of Samsung’s
`
`counterclaims as though fully set forth herein. FastVDO incorporates by reference all of
`
`the allegations of its First Amended Complaint, and denies all of the allegations of
`
`Samsung’s affirmative defenses.
`
`7.
`
`FastVDO admits that an actual and justiciable controversy exists between
`
`FastVDO and Samsung with respect to Samsung’s infringement of the patent-in-suit.
`
`8.
`
`FastVDO denies the merits of Samsung’s counterclaim and denies that
`
`Samsung is entitled to its requested relief.
`
`SECOND COUNTERCLAIM FOR RELIEF
`
`(For Declaratory Judgment of Invalidity of the Patent-In-Suit)
`
`9.
`
`FastVDO incorporates its responses to paragraphs 1-8 of Samsung’s
`
`counterclaims as though fully set forth herein. FastVDO incorporates by reference all of
`
`the allegations of its First Amended Complaint, and denies all of the allegations of
`
`Samsung’s affirmative defenses.
`
`10.
`
`FastVDO admits that an actual and justiciable controversy exists between
`
`FastVDO and Samsung with respect to the validity of the patent-in-suit.
`
`11.
`
`FastVDO admits that an actual controversy exists between FastVDO and
`
`Samsung with respect to the validity of the patent-in-suit. FastVDO admits that it
`
`contends that the patent-in-suit is valid and denies the remaining allegations of paragraph
`
`11.
`
`12.
`
`FastVDO denies the merits of Samsung’s counterclaim and denies that
`
`Samsung is entitled to its requested relief.
`
`
`
`Case 1:11-cv-00797-RGA Document 127 Filed 04/12/12 Page 3 of 3 PageID #: 833
`Case 1:11—cv-00797-RGA Document 127
`Filed 04/12/12 Page 3 of 3 Page|D #: 833
`
`REg QUEST FOR JURY TRIAL
`
`13.
`
`Admitted.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, FastVDO prays for the following relief with regard to Samsung’s
`
`counterclaims:
`
`A.
`
`B.
`
`A dismissal with prejudice of Samsung’s counterclaims;
`
`An adjudication that Samsung is not entitled to any relief on its
`
`counterclaims, including, without limitation, any fine or damages;
`
`C.
`
`Costs and further relief to which F astVDO is entitled, and which the Court
`
`deems just and equitable.
`
`DEMAND FOR JURY TRIAL
`
`FastVDO demands atrial by jury on all issues so triable.
`
`Date: April 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@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 PlaintiffFastVDO, LLC
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