Pacer; Handal response to Micron Technology counterclaim !
in response to
by
Message: Pacer: e.Digital Corporation v. Eye−Fi, Inc.
ANTON HANDAL (Bar No. 113812)
anh@handal-law.com
PAMELA C. CHALK (Bar No. 216411)
pchalk@handal-law.com
GABRIEL HEDRICK (Bar No. 220649)
ghedrick@handal-law.com
HANDAL & ASSOCIATES
750 B Street, Suite 2510
San Diego, California 92101
Tel: 619.544.6400
Fax: 619.696.0323
Attorneys for Plaintiff and Counter-Defendant
e.Digital Corporation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Micron Technology, Inc.
Defendant.
And Related Counterclaims.
Case No. 3:13-cv-2944-H-BGS
PLAINTIFF AND COUNTERDEFENDANT
E.DIGITAL
CORPORATION’S ANSWER TO
DEFENDANT AND
COUNTERCLAIMANT
MICRON TECHNOLOGY,
INC.’S COUNTERCLAIMS
DEMAND FOR JURY TRIAL
Assigned to the Honorable
Judge Marilyn L. Huff
Courtroom 15A (Annex)
Case 3:13-cv-02944-H-BGS Document 33 Filed 08/06/14 Page 1 of 6
ANSWER TO COUNTERCLAIMS CASE NO. 3:13-CV-2944-H-BGS
-2-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
Plaintiff and Counter-Defendant e.Digital Corporation (hereinafter
“Plaintiff” or “e.Digital”), hereby replies to and answers the Counterclaims
(“Counterclaim” or “Counterclaims”) of Defendant and Counterclaimant Micron
Technology, Inc. (hereafter referred to as “Defendant” or “Micron”) as follows:
REPLY RE: NATURE OF ACTION
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. e.Digital admits to the extent that Micron purports to deny
infringement and disputes the validity and enforceability of one or more claims of
the ’108 Patent. However, e.Digital denies that Defendant is entitled to any relief.
Except as expressly admitted, e.Digital denies each and every remaining allegation
made in Paragraph 6 of the Counterclaim.
7. e.Digital admits that there is a controversy between the parties that
should be resolved in this judicial forum, but denies that Defendant is entitled to
any relief. Except as expressly admitted, e.Digital denies each and every
remaining allegation made in Paragraph 7 of the Counterclaim.
8. e.Digital admits that there is a controversy between the parties that
should be resolved in this judicial forum, but denies that Defendant is entitled to
any relief. Except as expressly admitted, e.Digital denies each and every
remaining allegation made in Paragraph 8 of the Counterclaim.
9. e.Digital admits that there is a controversy between the parties that
should be resolved in this judicial forum, but denies that Defendant is entitled to
any relief. Except as expressly admitted, e.Digital denies each and every
remaining allegation made in Paragraph 9 of the Counterclaim.
Case 3:13-cv-02944-H-BGS Document 33 Filed 08/06/14 Page 2 of 6
ANSWER TO COUNTERCLAIMS CASE NO. 3:13-CV-2944-H-BGS
-3-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
REPLY TO DEFENDANT’S COUNTERCLAIM I
DECLARATION OF NON-INFRINGEMENT OF THE ‘108 PATENT
10. e.Digital incorporates by reference its answers to Paragraphs 1
through 9 to the Counterclaim as if fully set forth herein.
11. Admitted.
12. Admitted to the extent that e.Digital has asserted that Micron infringes
the ’108 Patent. e.Digital further admits that there is a controversy between the
parties that should be resolved in this judicial forum, but denies that Defendant is
entitled to any relief. Except as expressly admitted, e.Digital denies each and
every remaining allegation made in Paragraph 12 of the Counterclaim.
13. e.Digital denies each and every allegation contained in Paragraph 13
of the Counterclaim.
14. e.Digital denies each and every allegation contained in Paragraph 14
of the Counterclaim.
REPLY TO DEFENDANT’S COUNTERCLAIM II
DECLARATION OF INVALIDITY OF THE ‘108 PATENT
15. e.Digital incorporates by reference its answers to Paragraphs 1
through 14 to the Counterclaim as if fully set forth herein.
16. Admitted to the extent that e.Digital has asserted that Micron infringes
the ’108 Patent. e.Digital further admits that there is a controversy between the
parties that should be resolved in this judicial forum, but denies that Defendant is
entitled to any relief. Except as expressly admitted, e.Digital denies each and every
remaining allegation made in Paragraph 16 of the Counterclaim.
17. e.Digital denies each and every allegation contained in Paragraph 17
of the Counterclaim.
18. e.Digital denies each and every allegation contained in Paragraph 18
of the Counterclaim.
REPLY TO DEFENDANT’S COUNTERCLAIM III
Case 3:13-cv-02944-H-BGS Document 33 Filed 08/06/14 Page 3 of 6
ANSWER TO COUNTERCLAIMS CASE NO. 3:13-CV-2944-H-BGS
-4-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
DECLARATION OF UNENFORCEABILITY OF THE ‘108 PATENT
19. e.Digital incorporates by reference its answers to Paragraphs 1
through 18 to the Counterclaim as if fully set forth herein.
20. Admitted to the extent that e.Digital has asserted that Micron infringes
the ’108 Patent. e.Digital further admits that there is a controversy between the
parties that should be resolved in this judicial forum, but denies that Defendant is
entitled to any relief. Except as expressly admitted, e.Digital denies each and every
remaining allegation made in Paragraph 20 of the Counterclaim.
21. Admitted.
22. Admitted.
23. Admitted to the extent that e.Digital has filed one or more patent
infringement lawsuits in the Southern District of California that have asserted the
‘108 patent. However, none of these cases asserted Claim 1 of the ‘108 patent
therein. Except as expressly admitted, e.Digital denies each and every remaining
allegation made in Paragraph 23 of the Counterclaim.
24. Admitted to the extent that the ’108 Patent was issued November 17,
1998. Except as expressly admitted, e.Digital denies each and every remaining
allegation made in Paragraph 24 of the Counterclaim.
25. e.Digital denies each and every allegation contained in Paragraph 25
of the Counterclaim.
26. e.Digital denies each and every allegation contained in Paragraph 26
of the Counterclaim.
27. e.Digital denies each and every allegation contained in Paragraph 27
of the Counterclaim.
REPLY TO DEFENDANT’S ALLEGATIONS RE: EXCEPTIONAL CASE
28. e.Digital denies each and every allegation contained in Paragraph 28 of
the Counterclaim. e.Digital further denies that Defendant is entitled to any relief.
REPLY TO DEFENDANT’S PRAYER FOR RELIEF
Case 3:13-cv-02944-H-BGS Document 33 Filed 08/06/14 Page 4 of 6
ANSWER TO COUNTERCLAIMS CASE NO. 3:13-CV-2944-H-BGS
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
29. Because Defendant’s prayer for relief does not state any allegation,
no response by e.Digital is required. However, e.Digital denies that the Defendant
is entitled to any relief whatsoever, including any relief requested in
Subparagraphs A through G of the Prayer for Relief portion of the Counterclaim
(Pages 12-13 of the Defendant’s Answer/Counterclaim, Docket #24).
REPLY TO DEFENDANT’S DEMAND FOR JURY TRIAL
30. Because Defendant’s demand for a jury trial does not state any
allegation, no response by e.Digital is required.
Dated: August 6, 2014
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
And Counter-Defendant
e.Digital Corporation
anh@handal-law.com
PAMELA C. CHALK (Bar No. 216411)
pchalk@handal-law.com
GABRIEL HEDRICK (Bar No. 220649)
ghedrick@handal-law.com
HANDAL & ASSOCIATES
750 B Street, Suite 2510
San Diego, California 92101
Tel: 619.544.6400
Fax: 619.696.0323
Attorneys for Plaintiff and Counter-Defendant
e.Digital Corporation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Micron Technology, Inc.
Defendant.
And Related Counterclaims.
Case No. 3:13-cv-2944-H-BGS
PLAINTIFF AND COUNTERDEFENDANT
E.DIGITAL
CORPORATION’S ANSWER TO
DEFENDANT AND
COUNTERCLAIMANT
MICRON TECHNOLOGY,
INC.’S COUNTERCLAIMS
DEMAND FOR JURY TRIAL
Assigned to the Honorable
Judge Marilyn L. Huff
Courtroom 15A (Annex)
Case 3:13-cv-02944-H-BGS Document 33 Filed 08/06/14 Page 1 of 6
ANSWER TO COUNTERCLAIMS CASE NO. 3:13-CV-2944-H-BGS
-2-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
Plaintiff and Counter-Defendant e.Digital Corporation (hereinafter
“Plaintiff” or “e.Digital”), hereby replies to and answers the Counterclaims
(“Counterclaim” or “Counterclaims”) of Defendant and Counterclaimant Micron
Technology, Inc. (hereafter referred to as “Defendant” or “Micron”) as follows:
REPLY RE: NATURE OF ACTION
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. e.Digital admits to the extent that Micron purports to deny
infringement and disputes the validity and enforceability of one or more claims of
the ’108 Patent. However, e.Digital denies that Defendant is entitled to any relief.
Except as expressly admitted, e.Digital denies each and every remaining allegation
made in Paragraph 6 of the Counterclaim.
7. e.Digital admits that there is a controversy between the parties that
should be resolved in this judicial forum, but denies that Defendant is entitled to
any relief. Except as expressly admitted, e.Digital denies each and every
remaining allegation made in Paragraph 7 of the Counterclaim.
8. e.Digital admits that there is a controversy between the parties that
should be resolved in this judicial forum, but denies that Defendant is entitled to
any relief. Except as expressly admitted, e.Digital denies each and every
remaining allegation made in Paragraph 8 of the Counterclaim.
9. e.Digital admits that there is a controversy between the parties that
should be resolved in this judicial forum, but denies that Defendant is entitled to
any relief. Except as expressly admitted, e.Digital denies each and every
remaining allegation made in Paragraph 9 of the Counterclaim.
Case 3:13-cv-02944-H-BGS Document 33 Filed 08/06/14 Page 2 of 6
ANSWER TO COUNTERCLAIMS CASE NO. 3:13-CV-2944-H-BGS
-3-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
REPLY TO DEFENDANT’S COUNTERCLAIM I
DECLARATION OF NON-INFRINGEMENT OF THE ‘108 PATENT
10. e.Digital incorporates by reference its answers to Paragraphs 1
through 9 to the Counterclaim as if fully set forth herein.
11. Admitted.
12. Admitted to the extent that e.Digital has asserted that Micron infringes
the ’108 Patent. e.Digital further admits that there is a controversy between the
parties that should be resolved in this judicial forum, but denies that Defendant is
entitled to any relief. Except as expressly admitted, e.Digital denies each and
every remaining allegation made in Paragraph 12 of the Counterclaim.
13. e.Digital denies each and every allegation contained in Paragraph 13
of the Counterclaim.
14. e.Digital denies each and every allegation contained in Paragraph 14
of the Counterclaim.
REPLY TO DEFENDANT’S COUNTERCLAIM II
DECLARATION OF INVALIDITY OF THE ‘108 PATENT
15. e.Digital incorporates by reference its answers to Paragraphs 1
through 14 to the Counterclaim as if fully set forth herein.
16. Admitted to the extent that e.Digital has asserted that Micron infringes
the ’108 Patent. e.Digital further admits that there is a controversy between the
parties that should be resolved in this judicial forum, but denies that Defendant is
entitled to any relief. Except as expressly admitted, e.Digital denies each and every
remaining allegation made in Paragraph 16 of the Counterclaim.
17. e.Digital denies each and every allegation contained in Paragraph 17
of the Counterclaim.
18. e.Digital denies each and every allegation contained in Paragraph 18
of the Counterclaim.
REPLY TO DEFENDANT’S COUNTERCLAIM III
Case 3:13-cv-02944-H-BGS Document 33 Filed 08/06/14 Page 3 of 6
ANSWER TO COUNTERCLAIMS CASE NO. 3:13-CV-2944-H-BGS
-4-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
DECLARATION OF UNENFORCEABILITY OF THE ‘108 PATENT
19. e.Digital incorporates by reference its answers to Paragraphs 1
through 18 to the Counterclaim as if fully set forth herein.
20. Admitted to the extent that e.Digital has asserted that Micron infringes
the ’108 Patent. e.Digital further admits that there is a controversy between the
parties that should be resolved in this judicial forum, but denies that Defendant is
entitled to any relief. Except as expressly admitted, e.Digital denies each and every
remaining allegation made in Paragraph 20 of the Counterclaim.
21. Admitted.
22. Admitted.
23. Admitted to the extent that e.Digital has filed one or more patent
infringement lawsuits in the Southern District of California that have asserted the
‘108 patent. However, none of these cases asserted Claim 1 of the ‘108 patent
therein. Except as expressly admitted, e.Digital denies each and every remaining
allegation made in Paragraph 23 of the Counterclaim.
24. Admitted to the extent that the ’108 Patent was issued November 17,
1998. Except as expressly admitted, e.Digital denies each and every remaining
allegation made in Paragraph 24 of the Counterclaim.
25. e.Digital denies each and every allegation contained in Paragraph 25
of the Counterclaim.
26. e.Digital denies each and every allegation contained in Paragraph 26
of the Counterclaim.
27. e.Digital denies each and every allegation contained in Paragraph 27
of the Counterclaim.
REPLY TO DEFENDANT’S ALLEGATIONS RE: EXCEPTIONAL CASE
28. e.Digital denies each and every allegation contained in Paragraph 28 of
the Counterclaim. e.Digital further denies that Defendant is entitled to any relief.
REPLY TO DEFENDANT’S PRAYER FOR RELIEF
Case 3:13-cv-02944-H-BGS Document 33 Filed 08/06/14 Page 4 of 6
ANSWER TO COUNTERCLAIMS CASE NO. 3:13-CV-2944-H-BGS
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
29. Because Defendant’s prayer for relief does not state any allegation,
no response by e.Digital is required. However, e.Digital denies that the Defendant
is entitled to any relief whatsoever, including any relief requested in
Subparagraphs A through G of the Prayer for Relief portion of the Counterclaim
(Pages 12-13 of the Defendant’s Answer/Counterclaim, Docket #24).
REPLY TO DEFENDANT’S DEMAND FOR JURY TRIAL
30. Because Defendant’s demand for a jury trial does not state any
allegation, no response by e.Digital is required.
Dated: August 6, 2014
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
And Counter-Defendant
e.Digital Corporation
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