Free Answer to Counterclaim - District Court of California - California

Case 3:07-cv-02278-BTM-CAB

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MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE, INC. 9930 Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 [email protected] J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 [email protected] Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA JENS ERIK SORENSEN, as Trustee of ) Case No. 07cv02278 BTM CAB SORENSEN RESEARCH AND ) DEVELOPMENT TRUST, ) REPLY TO COUNTERCLAIMS OF ) HELEN OF TROY TEXAS Plaintiff ) CORPORATION AND OXO v. ) INTERNATIONAL LTD ) HELEN OF TROY TEXAS ) CORPORATION; OXO ) INTERNATIONAL LTD.; ) and DOES 1 ­ 100, ) ) Defendants. ) _________________________________ ) and related counterclaims. ) )

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Plaintiff/Counterdefendant Jens Erik Sorensen as Trustee of Sorensen Research and Development Trust ("SRDT"), hereby respectfully replies to the specific numbered paragraphs identified of the Counterclaims of Defendants/Counterclaimants Helen of Troy Texas Corporation and Oxo International LTD. (collectively, "Defendants") as follows. It is unclear whether the current stay of this case (Docket # 2 postpones 6) SRDT's deadline for replying, in an abundance of caution, this Reply is being filed. The Parties 1. 2. 3. 4. 5. 6. 7. Upon current information and belief, admit. Upon current information and belief, admit. Admit. Jurisdiction and Venue Admit. Admit. Count I Deny. Deny. Count II 12. 13. Deny. Deny.

WHEREFORE, SRDT prays that judgment on Defendants be entered as follows: a. relief; b. That this case be decreed an "exceptional case" and SRDT is awarded
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Case No.08cv2278 BTM CAB

For judgment in favor of SRDT and against Defendants on all requested

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reasonable attorneys' fees by the Court pursuant to 35 U.S.C. § 285; c. d. For costs of suit herein incurred; For such other and further relief as the Court may deem just and proper.

DATED this Thursday, May 08, 2008. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff /s/ Melody A. Kramer Melody A. Kramer, Esq. J. Michael Kaler Attorney for Plaintiff

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Case 3:07-cv-02278-BTM-CAB

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X Erik B. Von Ziepel Seyfarth Shaw LLP 2029 Century Park East, Suite 3300 Los Angeles, CA 90067 [email protected]

PROOF OF SERVICE I, Melody A. Kramer, declare: I am and was at the time of this service working within in the County of San Diego, California. I am over the age of 18 year and not a party to the within action. My business address is the Kramer Law Office, Inc., 9930 Mesa Rim Road, Suite 1600, San Diego, California, 92121. On Thursday, May 08, 2008, I served the following documents:

REPLY TO COUNTERCLAIMS OF HELEN OF TROY TEXAS CORPORATION AND OXO INTERNATIONAL LTD
PERSON(S) SERVED PARTY(IES) SERVED Helen of Troy Texas Corporation; Oxo International Ltd. METHOD OF SERVICE Email--Pleadings Filed with the Court via CM/ECF

(Personal Service) I caused to be personally served in a sealed envelope hand-delivered to the office of counsel during regular business hours. (Federal Express) I deposited or caused to be deposited today with Federal Express in a sealed envelope containing a true copy of the foregoing documents with fees fully prepaid addressed to the above noted addressee for overnight delivery. (Facsimile) I caused a true copy of the foregoing documents to be transmitted by facsimile machine to the above noted addressees. The facsimile transmissions were reported as complete and without error. (Email) I emailed a true copy of the foregoing documents to an email address represented to be the correct email address for the above noted addressee. (Email--Pleadings Filed with the Court) Pursuant to Local Rules, I electronically filed this document via the CM/ECF system for the United States District Court for the Southern District of California. (U.S. Mail) I mailed a true copy of the foregoing documents to a mail address represented to be the correct mail address for the above noted addressee.

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I declare that the foregoing is true and correct, and that this declaration was executed on Thursday, May 08, 2008, in San Diego, California.

/s/ Melody A. Kramer Melody A. Kramer

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