Case 2:12-cv-00977-TSZ Document 21 Filed 08/06/12 Page 1 of 5 The Honorable Mary Alice Theiler UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ARRIVALSTAR S.A. and MELVINO TECHNOLOGIES LIMITED, v. Plaintiffs, CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, Defendants. ANSWER TO COUNTERCLAIMS JURY DEMAND Plaintiffs ArrivalStar S.A. and Melvino Technologies Limited, by and through its counsel, answer the Defendant Central Puget Sound Regional Transit Authority s counterclaims as follows: PARTIES 1. Admit. 2. Admit. 3. Admit. JURISDICTION AND VENUE 4. Admit. 5. Admit. 6. Admit. ANSWER TO COUNTERCLAIMS - 1
Case 2:12-cv-00977-TSZ Document 21 Filed 08/06/12 Page 2 of 5 ACTUAL CASE AND CONTROVERSY 7. Admit. 8. Admit. 9. Admit. 10. Admit that the controversy should be promptly adjudicated, otherwise deny. COUNT I: DECLARATORY JUDGMENT OF NON-INFRINGEMENT 11. Plaintiffs incorporate by reference their response to the foregoing paragraphs. 12. Deny. 13. Deny. 14. Deny. 15. Deny. 16. Admit that Defendant requests a declaratory judgment, otherwise deny. COUNT II: DECLARATORY JUDGMENT OF PATENT INVALIDITY 17. Plaintiffs incorporate by reference their response to the foregoing paragraphs. 18. Deny. 19. Deny. 20. Deny. 21. Deny. 22. Admit that Defendant requests a declaratory judgment, otherwise deny. COUNT III: DECLARATORY JUDGMENT OF PATENT UNENFORCEABILITY 23. Plaintiffs incorporate by reference their response to the foregoing paragraphs. 24. Admit that Plaintiffs have asserted their patent rights in over 25 lawsuits and have licensed the 781 patent to over 66 separate entities, otherwise deny. 25. Deny. 26. Admit that Defendant requests a declaratory judgment, otherwise deny. ANSWER TO COUNTERCLAIMS - 2
Case 2:12-cv-00977-TSZ Document 21 Filed 08/06/12 Page 3 of 5 COUNT IV: VIOLATION OF WASHINGTON UNFAIR BUSINESS PRACTICES AND CONSUMER PROTECTION ACT, RCW 19.86.020 27. Plaintiffs incorporate by reference their response to the foregoing paragraphs. 28. Admit that Plaintiffs have asserted their patent rights in over 25 lawsuits and have licensed the 781 patent to over 66 separate entities, otherwise deny. 29. Deny. 30. Deny. 31. Deny. AFFIRMATIVE DEFENSE Plaintiffs assert the following affirmative defense in response to Defendant s counterclaims. Plaintiffs reserve the right to allege additional affirmative defenses as they become known through the discovery process. 1. Defendant s counterclaims fail to state a basis upon which relief can be granted. 2. Defendant s assertions of non-infringement and invalidity set forth in the counterclaims are insufficient because they are asserted without a factual basis or a showing of plausibility as required by Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). requested. 3. Defendant s unclean hands due to its acts of infringement preclude the relief PRAYER FOR RELIEF THEREFORE, Plaintiffs request that Defendant be denied the relief requested in its counterclaims and that Plaintiffs are granted the relief set forth in their complaint. ANSWER TO COUNTERCLAIMS - 3
Case 2:12-cv-00977-TSZ Document 21 Filed 08/06/12 Page 4 of 5 RESPECTFULLY SUBMITTED this 6 th day of August, 2012. s/david A. Lowe, WSBA No. 24,453 Lowe@LoweGrahamJones.com LOWE GRAHAM JONES PLLC 701 Fifth Avenue, Suite 4800 Seattle, Washington 98104 T: 206.381.3300 F: 206.381.3301 Geoffrey D. Smith (admitted Pro Hac Vice) gsmith@dowellbaker.com Anthony E. Dowell, (admitted Pro Hac Vice) aedowell@dowellbaker.com DOWELL BAKER, P.C. 201 Main St., Suite 710 Lafayette, IN 47901 T: 765. 429.4004 F: 765. 429.4114 Attorneys for Plaintiffs ArrivalStar S.A. and Melvino Technologies Limited ANSWER TO COUNTERCLAIMS - 4
Case 2:12-cv-00977-TSZ Document 21 Filed 08/06/12 Page 5 of 5 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was electronically filed through the CM/ECF system, which will provide email notification to counsel of record listed below: Brian C. Park BCPark@stoel.com STOEL RIVES LLP 600 University Street, Suite 3600 Seattle, WA 98101 Nathan C. Brunette NCBrunette@stoel.com 900 S.W. Fifth Avenue, Suite 2600 Portland, OR 97204 s/caitlin Blazier Kavanagh ANSWER TO COUNTERCLAIMS - 5