Free Answer to Counterclaim - District Court of California - California

Case 3:08-cv-00384-IEG-RBB

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Filed 05/15/2008

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1 Kit M. Stetina (SBN 82,977) Stephen Z. Vegh (SBN 174,713) 2 STETINA BRUNDA GARRED & BRUCKER 3 75 Enterprise, Suite 250 Aliso Viejo, CA 92656 4 Email: [email protected] 5 Tel: (949) 855-1246 Fax: (949) 855-6371 6 Attorneys for Plaintiff SPY OPTIC, INC. 7 8 9 10
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA Case No. 08CV0384 IEG RBB REPLY OF PLAINTIFF SPY OPTIC, INC. TO COUNTERCLAIMS OF WEST COAST DEALS, INC.

11 SPY OPTIC, INC., a California corporation, 12 Plaintiff 13 14 vs. 15 WEST COAST DEALS, INC., a California 16 corporation doing business as WWW.HBSUNGLASSCOMPANY.COM; 17 and DOES 1 through 5, inclusive 18 Defendants 19 20 WEST COAST DEALS, INC., a California 21 corporation doing business as 22 WWW.HBSUNGLASSCOMPANY.COM, 23 24 25 vs. Counterclaimant

26 SPY OPTIC, INC., a California corporation, and ROES 1 through 5, inclusive, 27 Counterdefendants 28
Case No. 08CV0384 IEG RBB REPLY TO COUNTERCLAIMS

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Case 3:08-cv-00384-IEG-RBB

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1 2 3 Defendant 5 6 8 9
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

COUNTERCLAIMS Plaintiff and Counterdefendant Spy Optic, Inc. ("Spy") hereby responds to and Counterclaimant West Coast Deals, Inc. dba

4 www.hbsunglasscompany.com's Counterclaims as follows: JURISDICTION 1. Replying to paragraph 1 of the Counterclaims, Spy admits that THE PARTIES 2. Replying to paragraph 2 of the Counterclaims, Spy admits upon

7 jurisdiction is proper for the stated Counterclaims.

10 information and belief that Counterclaimant is a California corporation with its 11 principal place of business in Huntington Beach, California. Spy further admits that 12 Counterclaimant sells sunglasses on its internet website. 13 15 16 17 4. 3. Replying to paragraph 3 of the Counterclaims, Spy admits the FIRST COUNTERCLAIM (Declaratory Relief) Replying to paragraph 4 of the Counterclaims, Spy realleges and adopts 14 allegations contained therein.

18 for reference herein its answers to paragraphs 1-3 of the Counterclaims as though 19 fully set forth herein. 20 22 5. 6. Replying to paragraph 5 of the Counterclaims, Spy admits the Replying to paragraph 6 of the Counterclaims, Spy admits that there is 21 allegations contained therein. 23 an actual and continuing justiciable controversy between the parties regarding the 24 alleged infringement of the asserted patents. Spy further admits that Counterclaimant 25 contends that it has not infringed the patents-in-suit. 26 7. Replying to paragraph 7 of the Counterclaims, Spy admits that there is Spy further admits the remaining 27 an actual and continuing justiciable controversy between the parties regarding the 28 alleged invalidity of the asserted patents.
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1 allegations contained therein. 2 8. Replying to paragraph 8 of the Counterclaims, Spy admits that 3 Counterclaimant desires a judicial determination of the issues alleged in paragraphs 4 8(a)-(f). Spy denies the truth and accuracy of each and every one of the charging 5 allegations asserted in paragraphs (a)-(f) regarding the non-infringement, lack of 6 enforceability, and invalidity of the asserted patents under the provisions of U.S.C. 7 Title 35. 8 9. Replying to paragraph 9 of the Counterclaims, Spy admits that a judicial 9 declaration is necessary and appropriate regarding the rights and duties of the parties
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

10 concerning the asserted patents. 11 12 14 15 17 19 20 21 22 23 24 25 26 27 28
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REPLY TO COUNTERCLAIMS T:\client Documents\spyno\321l\Reply.Counterclaims.doc

PRAYER FOR RELIEF WHEREFORE, Spy Optic, Inc. judgment as follows on Defendant's A. B. C. That Defendant takes no relief sought by reason of its counterclaims. That this Court award Spy Optic, Inc. its attorneys' fees and costs of suit That this Court award Spy Optic, Inc. all other relief that the Court

13 Counterclaims:

16 against Defendant on Defendant's Counterclaims. 18 deems just and proper. Dated: May 15, 2008 STETINA BRUNDA GARRED & BRUCKER

By: s/Stephen Z. Vegh Kit M. Stetina Stephen Z. Vegh Attorneys for Plaintiff SPY OPTIC, INC.

Case 3:08-cv-00384-IEG-RBB

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PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

CERTIFICATE OF SERVICE The undersigned hereby certifies that on May 15, 2008, a true and correct copy of the foregoing was served via electronic mail upon all counsel. s/Stephen Z. Vegh

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