Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:06-cv-00098-SLR

Document 10

Filed 03/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

SECURE ELEMENTS, INC., Plaintiff, v. CITADEL SECURITY SOFTWARE, INC., Defendant.

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C.A. No. 06-98-KAJ

SECURE ELEMENTS' REPLY TO COUNTERCLAIM OF DEFENDANT CITADEL Plaintiff Secure Elements, Inc. ("Secure Elements"), by counsel, hereby replies to the Counterclaim of Defendant Citadel Security Software, Inc. ("Citadel"), dated March 6, 2006, as follows: 1-30. The Counterclaim of Citadel (hereinafter "the Citadel Counterclaim") begins with paragraph 31. Therefore, no reply to paragraphs 1 through 30, inclusive, which comprise Citadel's Answer, is required or made. 31. Secure Elements admits that Citadel is a Delaware corporation with its principal

place of business at Two Lincoln Centre, 5420 LBJ Freeway, Suite 1600, Dallas, TX 75240. Secure Elements is without knowledge or information sufficient to form a belief as to the remainder of the allegations of paragraph 31 and, accordingly, denies same. 32. Counterclaim. 33. Secure Elements admits that this action arises under the Patent laws and that this Secure Elements admits the allegations set forth in paragraph 32 of the Citadel

Court has subject matter jurisdiction over this cause of action pursuant to 28 U.S.C. §§ 1331 and 1338. Secure Elements also admits that a copy of what purports to be the `247 patent is attached

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to the Citadel Counterclaim. Secure Elements denies the remaining allegations in paragraph 33 of the Citadel Counterclaim. 34. Secure Elements admits that it is incorporated in Delaware. Secure Elements

admits that this Court has personal jurisdiction over Secure Elements and that venue is proper in this judicial district under 28 U.S.C. §§ 1391(b), (c) and 1400(b). Secure Elements denies the remaining allegations in paragraph 34 of the Citadel Counterclaim. COUNTERCLAIM COUNT I INFRINGEMENT OF U.S. PATENT NO. 7,000,247 35. Secure Elements realleges and incorporates by reference paragraphs 31-34 of this

Reply as if fully set forth herein. No reply to paragraphs 1 through 30, inclusive, which comprise Citadel's Answer, is required or made. 36. Secure Elements admits that a provisional application entitled "Automated

Computer Vulnerability Resolution System" was filed on December 31, 2001. Secure Elements admits that a utility application claiming priority to the provisional application and bearing the same title was filed on December 31, 2002. Secure Elements admits that the `247 patent issued on February 14, 2006. Secure Elements denies all other allegations set forth in paragraph 36 of Citadel's Counterclaim. 37. Secure Elements admits that Citadel is the owner of all right, title, and interest in

and to the `247 patent by assignment. 38. Counterclaim. 39. Counterclaim. 40. Counterclaim. Secure Elements denies all allegations set forth in paragraph 40 of Citadel's Secure Elements denies all allegations set forth in paragraph 39 of Citadel's Secure Elements denies all allegations set forth in paragraph 38 of Citadel's

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41. Counterclaim.

Secure Elements denies all allegations set forth in paragraph 41 of Citadel's

WHEREFORE, Secure Elements prays for judgment in its favor on the Citadel Counterclaim, that Citadel's requested relief be denied in full, and for the relief requested in Secure Elements' Complaint.

ASHBY & GEDDES John G. Day ______________________________ Steven J. Balick (I.D. #2114) John G. Day (I.D. #2403) Lauren E. Maguire (I.D. #4261) 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, DE 19899 (302) 654-1888 [email protected] [email protected] [email protected] Attorneys for Plaintiff Of Counsel: Jonathan G. Graves Nathan K. Cummings Erik B. Milch COOLEY GODWARD LLP One Freedom Square Reston Town Center 11951 Freedom Drive Reston, Virginia 20190-5656 Telephone: (703) 456-8000 Facsimile: (703) 456-8100 Dated: March 27, 2006

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CERTIFICATE OF SERVICE I hereby certify that on the 27th day of March, 2006, the attached SECURE ELEMENTS REPLY TO COUNTERCLAIM OF DEFENDANT CITADEL was served upon the belownamed counsel of record at the address and in the manner indicated:

William J. Marsden, Jr., Esquire Fish & Richardson, P.C. 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899 Steven H. Stodghill, Esquire Fish & Richardson P.C. 1717 Main Street, Suite 5000 Dallas, TX 75201reet

HAND DELIVERY

VIA FEDERAL EXPRESS

/s/ John G. Day ___________________________________ John G. Day
167388.1