Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:04-cv-01507-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

) ) Plaintiff, ) ) v. ) ) BATH & BODY WORKS, INC.; LIMITED ) BRANDS, INC.; KAO BRANDS CO. ) (f/k/a THE ANDREW JERGENS ) COMPANY); and KAO CORPORATION ) ) Defendants. )

LP MATTHEWS, L.L.C.

Civil Action No. 04-1507-SLR

PLAINTIFF LP MATTHEWS' REPLY TO DEFENDANT BBW'S COUNTERCLAIMS AND DEMAND FOR JURY TRIAL
For its Reply to Defendants Bath & Body Works, Inc.'s and Limited Brands, Inc.'s (BBW) Counterclaims (D.I. 22), Plaintiff LP Matthews, L.L.C. admits, denies, states and alleges as follows: Parties

1. Counterclaim. 2. Counterclaim. 3. Counterclaim.

LP Matthews admits the allegations stated by BBW in Paragraph 1 of its

LP Matthews admits the allegations stated by BBW in Paragraph 2 of its

LP Matthews admits the allegations stated by BBW in Paragraph 3 of its

Jurisdiction 4. Counterclaim. LP Matthews admits the allegations stated by BBW in Paragraph 4 of its

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5. Counterclaim. 6. Counterclaim. 7.

LP Matthews admits the allegations stated by BBW in Paragraph 5 of its

LP Matthews admits the allegations stated by BBW in Paragraph 6 of its

LP Matthews admits that this Court has subject matter jurisdiction over this action

based on 28 U.S.C. §§ 1331, 1337, 1338, 2201, and 2202. LP Matthews denies that this Court has subject matter jurisdiction over this action based on 28 U.S.C. § 1367. 8. Counterclaim. First Counterclaim (Declaratory Judgment of Patent Non-Infringement) 9. 10. Counterclaim. Second Counterclaim (Declaratory Judgment of Patent Invalidity) 11. 12. Counterclaim. Third Counterclaim (Exceptional Case) 13. 14. Counterclaim. 15. Counterclaim. LP Matthews denies the allegations stated by BBW in Paragraph 15 of its BBW's Paragraph 13 of its Counterclaim does not require a response. LP Matthews denies the allegations stated by BBW in Paragraph 14 of its BBW's Paragraph 11 of its Counterclaim does not require a response. LP Matthews denies the allegations stated by BBW in Paragraph 12 of its BBW's Paragraph 9 of its Counterclaim does not require a response. LP Matthews denies the allegations stated by BBW in Paragraph 10 of its LP Matthews admits the allegations stated by BBW in Paragraph 8 of its

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16. Counterclaim. 17. Counterclaim.

LP Matthews denies the allegations stated by BBW in Paragraph 16 of its

LP Matthews denies the allegations stated by BBW in Paragraph 17 of its

DEMAND FOR JURY TRIAL LP Matthews demands a jury trial on all issues triable by a jury.

ASHBY & GEDDES /s/ John G. Day Steven J. Balick (I.D. # 2114) John G. Day (I.D. # 2403) 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, Delaware 19899 302-654-1888 [email protected] [email protected] Attorneys for Plaintiff LP Matthews, L.L.C Of Counsel: Ronald J. Schutz Robins, Kaplan 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402-2015 Robert A. Auchter Jason R. Buratti Robins, Kaplan, Miller & Ciresi L.L.P. 1801 K Street, Suite 1200 Washington, DC 20006 Dated: April 26, 2005
156443.1

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CERTIFICATE OF SERVICE I hereby certify that on the 26th day of April, 2005, the attached PLAINTIFF LP MATTHEWS' REPLY TO DEFENDANT BBW'S COUNTERCLAIMS AND DEMAND FOR JURY TRIAL was served upon the below-named counsel of record at the address and in the manner indicated:

Richard L. Horwitz, Esquire Potter Anderson & Corroon, LLP Hercules Plaza, 6th Floor 1313 North Market Street P.O. Box 951 Wilmington, DE 19899-0951 Arthur I. Neustadt, Esquire Oblon, Spivak, McClelland, Maier & Neustadt, P.C. 1940 Duke Street Alexandria, VA 22314 Francis G.X. Pileggi, Esquire Fox Rothschild LLP Suite 1300 919 North Market Street Wilmington, DE 19899 John Ward, Esquire Ward & Olivo 708 Third Avenue New York, NY 10017

HAND DELIVERY

VIA FEDERAL EXPRESS

HAND DELIVERY

VIA FEDERAL EXPRESS

/s/ John G. Day John G. Day