Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:08-cv-00320-SLR

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Filed 08/11/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) )

OXFORD GENE TECHNOLOGY IP LIMITED, Plaintiff, v. BIOARRAY SOLUTIONS LTD., Defendant.

Civil Action No. 08-320 (SLR)

PLAINTIFF'S REPLY TO DEFENDANT BIOARRAY SOLUTIONS LTD.'S COUNTERCLAIMS Plaintiff/Counterclaim Defendant Oxford Gene Technology IP Limited ("Oxford Gene Technology") for its Reply to the numbered paragraphs of the Counterclaims of Defendant/Counterclaimant BioArray Solutions Ltd. ("Bioarray") hereby alleges as follows:

COUNTERCLAIMS 1. 2. 3. 4. Admitted, upon information and belief. Admitted. Admitted. Plaintiff/Counterclaim Defendant admits that it filed this lawsuit in this judicial

district, and states that it does not contest personal jurisdiction for purposes of this matter. Otherwise denied. 5. Admitted.

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REPLY TO COUNT I (Declaration of Non-Infringement of the `039 Patent) 6. Plaintiff/Counterclaim Defendant restates and incorporates by reference its

responses to the allegations contained in Counterclaim Paragraphs 1-5 as though set forth specifically herein. 7. 8. 9. Admitted. Admitted. Denied. REPLY TO COUNT II (Declaration of Non-Infringement of the `751 Patent) 10. Plaintiff/Counterclaim Defendant restates and incorporates by reference its

responses to the allegations contained in Counterclaim Paragraphs 1-5 as though set forth specifically herein. 11. 12. 13. Admitted. Admitted. Denied. REPLY TO COUNT III (Declaration of Non-Infringement of the `707 Patent) 14. Plaintiff/Counterclaim Defendant restates and incorporates by reference its

responses to the allegations contained in Counterclaim Paragraphs 1-5 as though set forth specifically herein. 15. 16. Admitted. Admitted.

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17.

Denied. REPLY TO COUNT IV (Declaration of Invalidity of the `039 Patent)

18.

Plaintiff/Counterclaim Defendant restates and incorporates by reference its

responses to the allegations contained in Counterclaim Paragraphs 1-5 as though set forth specifically herein. 19. 20. 21. Admitted. Admitted. Denied. REPLY TO COUNT V (Declaration of Invalidity of the `751 Patent) 22. Plaintiff/Counterclaim Defendant restates and incorporates by reference its

responses to the allegations contained in Counterclaim Paragraphs 1-5 as though set forth specifically herein. 23. 24. 25. Admitted. Admitted. Denied. REPLY TO COUNT VI (Declaration of Invalidity on the `707 Patent) 26. Plaintiff/Counterclaim Defendant restates and incorporates by reference its

responses to the allegations contained in Counterclaim Paragraphs 1-5 as though set forth specifically herein. 27. Admitted.

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28. 29.

Admitted. Denied. REPLY TO PRAYER FOR RELIEF

Wherefore, Plaintiff/Counterclaim Defendant denies that Bioarray is entitled to any relief, either as prayed for in its Counterclaims or otherwise. Plaintiff/Counterclaim Defendant further denies each allegation contained in Bioarray's Counterclaims that was not specifically admitted, denied, or otherwise responded to in this Reply to Defendant/Counterclaimant BioArray Solutions, Ltd.'s Counterclaims.

Dated: August 11, 2008 /s/ Richard K. Herrmann Richard K. Herrmann #405 Mary B. Matterer #2696 Amy Arnott Quinlan #3021 MORRIS JAMES LLP 500 Delaware Avenue, Suite 1500 Wilmington, Delaware 19801-1494 302-888-6800 [email protected] Of Counsel: KIRKLAND & ELLIS LLP Bryan S. Hales (6243060 (IL)) Adam R. Brausa (6292447 (IL)) Kirkland & Ellis LLP 200 East Randolph Drive Chicago, Illinois 60601 Telephone: 312-861-2000 Facsimile: 312-861-2200 [email protected] [email protected] Counsel for Plaintiff Oxford Gene Technology IP Limited

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