`Case 1:11—cv—00797—RGA Document 77
`Filed 12/08/11 Page 1 of 3 Page|D #: 404
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF DELAWARE
`
`FastVDO LLC,
`
`v.
`
`Apple Inc., et al.,
`
`Plaintiff,
`
`Defendants.
`
`C.A. N0. 11-797-RGA
`
`JURY TRIAL DEMANDED
`
`:.L._
`PLAINTIFF FASTVDO LLC’S ANSWER TO DEFENDANT PANASONIC
`CORPORATION OF NORTH AMERICA’S COUNTERCLAIMS
`
`Plaintiff FastVDO, LLC (“FastVDO”), by and through its undersigned attorneys,
`
`answers the counterclaims of Defendant Panasonic Corporation of North America
`
`(“Panasonic”) by corresponding paragraph number as follows:
`
`THE PARTIES
`
`1.
`
`2.
`
`Admitted.
`
`Admitted.
`
`JURISDICTION AND VENUE
`
`3.
`
`FastVDO admits that Panasonic purports to state an action arising under
`
`28 U.S.C. §§ 1331, 1338, 2201, and 2202, and that the Court has subject matter
`
`jurisdiction. FastVDO denies the merits of Panasonic’s counterclaims and that Panasonic
`
`is entitled to its requested relief.
`
`4.
`
`5.
`
`FastVDO admits that venue is proper in this district.
`
`FastVDO admits that an actual and justiciable controversy exists between
`
`Panasonic and FastVDO concerning the ‘081 Patent.
`
`
`
`Case 1:11-cv-00797-RGA Document 77 Filed 12/08/11 Page 2 of 3 PageID #: 405
`Case 1:11—cv—00797—RGA Document 77
`Filed 12/08/11 Page 2 of 3 Page|D #: 405
`
`6.
`
`Admitted.
`
`FIRST COUNTERCLAIM — DECLARATION OF NON-INFRINGEMENT
`
`7.
`
`FastVDO incorporates by reference paragraphs 1-6 of this answer, above,
`
`as if fully set forth herein.
`
`8.
`
`FastVDO admits that it contends that Panasonic has infringed and is
`
`infringing the ‘O81 Patent. FastVDO denies the remaining allegations in this paragraph.
`
`9.
`
`Denied.
`
`10.
`
`FastVDO admits that Panasonic seeks a judicial declaration regarding its
`
`infringement of the ‘O81 Patent. FastVDO denies the merits of Panasonic’s counterclaim
`
`and that Panasonic is entitled to its requested relief.
`
`SECOND COUNTERCLAIM — DECLARATION OF INVALIDITY
`
`11.
`
`FastVDO incorporates by reference paragraphs 1-10 of this answer, above,
`
`as if fully set forth herein.
`
`12.
`
`FastVDO admits that it has asserted the ‘O81 Patent against Panasonic.
`
`FastVDO denies the remaining allegations in this paragraph.
`
`1 3.
`
`Denied.
`
`14.
`
`FastVDO admits that Panasonic seeks a judicial declaration that the claims
`
`of the ‘O81 Patent are invalid. FastVDO denies the merits of Panasonic’s counterclaim
`
`and that Panasonic is entitled to its requested relief.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, FastVDO prays for the following relief with regard to
`
`Panasonic’s counterclaims:
`
`A.
`
`A dismissal with prejudice of Panasonic’s counterclaims;
`
`
`
`Case 1:11-cv-00797-RGA Document 77 Filed 12/08/11 Page 3 of 3 PageID #: 406
`Case 1:11—cv-00797-RGA Document 77
`Filed 12/08/11 Page 3 of 3 Page|D #: 406
`
`B.
`
`An adjudication that Panasonic is not entitled to any relief on its
`
`counterclaims, including, without limitation, any fine or damages;
`
`C.
`
`Costs and 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.
`
`Respectfully submitted,
`
`Date: December 8, 2011
`
`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 Plairztifi’FastVDO, LLC
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