Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:08-cv-00133-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WEBXCHANGE INC., ) ) Plaintiff, ) ) v. ) ) FEDEX CORPORATION, FEDEX KINKO'S ) OFFICE & PRINT SERVICES, INC., and ) FEDEX CORPORATE SERVICES INC., ) ) Defendants.

C.A. No. 08-133 (JJF) DEMAND FOR JURY TRIAL

PLAINTIFF WEBXCHANGE INC.'S ANSWER TO DEFENDANT FEDEX'S COUNTERCLAIMS Plaintiff WebXchange Inc. ("WebXchange" or "Plaintiff") hereby submits its answer to the Counterclaims filed by Defendants FedEx Corporation, FedEx Kinko's, Office and Print Services, Inc., and FedEx Corporate Services, Inc. (collectively "FedEx" or "Defendant") on April 25, 2008: AFFIRMATIVE DEFENSES 1. Plaintiff denies the allegations contained in paragraph 1, and further

denies that Defendant's first affirmative defense bars the claims made by Plaintiff in its complaint. 2. Plaintiff denies the allegations contained in paragraph 2, and further

denies that Defendant's second affirmative defense bars the claims made by Plaintiff in its complaint. 3. Plaintiff denies the allegations contained in paragraph 3, and further

denies that Defendant's third affirmative defense bars the claims made by Plaintiff in its complaint.

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4.

Plaintiff denies the allegations contained in paragraph 4, and further

denies that Defendant's fourth affirmative defense bars the claims made by Plaintiff in its complaint. COUNTERCLAIMS 5. paragraph 1. 6. paragraph 2. 7. paragraph 3. 8. 9. 10. Plaintiff admits the allegations contained in paragraph 4. Plaintiff admits the allegations contained in paragraph 5. Plaintiff admits that the Court has personal jurisdiction over Plaintiff for On information and belief, Plaintiff admits the allegations contained in On information and belief, Plaintiff admits the allegations contained in On information and belief, Plaintiff admits the allegations contained in

purposes of the Counterclaims by virtue of Plaintiff's suit against Defendant. Plaintiff denies that it has submitted itself to the jurisdiction of the Court for any other purpose. 11. Plaintiff admits the allegations contained in paragraph 7. FIRST COUNTERCLAIM 12. In response to paragraph 8, Plaintiff incorporates by reference its

responses in paragraphs 1-11, above. 13. Plaintiff admits that it alleges that Defendant infringes U.S. Patent Nos.

5,778,178 ("the '178 patent"), 6,212,556 ("the '556 patent"), and 7,340,506 ("the '506 patent"), but denies the remaining allegations of paragraph 9.

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14.

Plaintiff admits that a case or controversy exists between Plaintiff and

Defendant regarding the '178, '556, and '506 patents, but denies the remaining allegations of paragraph 10. 15. 16. paragraph 12. SECOND COUNTERCLAIM 17. In response to paragraph 13, Plaintiff incorporates by reference its Plaintiff denies the allegations contained in paragraph 11. Plaintiff denies that Defendant is entitled to the relief requested in

responses in paragraphs 1-16, above. 18. 19. paragraph 15. EXCEPTIONAL CASE 20. paragraph 16. PRAYER FOR RELIEF To the extent that a response is necessary to Defendant's Prayer, Plaintiff prays that the court deny the relief requested by Defendant, dismiss Defendant's Counterclaims with prejudice, and enter judgment in favor of Plaintiff. Plaintiff denies that Defendant is entitled to the relief requested in Plaintiff denies the allegations contained in paragraph 14. Plaintiff denies that Defendant is entitled to the relief requested in

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Julia Heaney
Jack B. Blumenfeld (#1014) Julia Heaney (#3052) 1201 North Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 654-9200 [email protected] Attorneys for Plaintiff WebXchange Inc. Of Counsel: Lawrence B. Goodwin Peter J. Toren Charlotte Pontillo Stefan R. Stoyanov Eric Stieglitz KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 1633 Broadway New York, NY 10019 (212) 506-1700 May 19, 2008
2335747

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CERTIFICATE OF SERVICE I, Julia Heaney, hereby certify that copies of the foregoing were caused to be served on May 19, 2008 upon the following in the manner indicated: VIA ELECTRONIC MAIL and HAND DELIVERY Frederick L. Cottrell, III, Esquire Anne Shea Gaza, Esquire RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, DE 19801 VIA ELECTRONIC MAIL Kara F. Stoll, Esquire Jason W. Melvin, Esquire Joyce Craig, Esquire FINNEGAN HENDERSON FARABOW GARRETT & DUNNER LLP 901 New York Avenue, NW Washington, DC 20001-4413 Jeffrey A. Berkowitz, Esquire FINNEGAN HENDERSON FARABOW GARRETT & DUNNER LLP Two Freedom Square 11955 Freedom Drive Reston, VA 20190-5675

/s/ Julia Heaney
Julia Heaney (#3052)