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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiffs,
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`v.
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`Defendant.
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` Case No. 17-cv-868-CFC-SRF
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`UNIVERSITY OF MASSACHUSETTS and
`CARMEL LABORATORIES, LLC,
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`L’ORÉAL USA, INC.,
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`PLAINTIFFS/COUNTERCLAIM DEFENDANTS ANSWER AND DEFENSES
`TO COUNTERCLAIMANT L’OREAL USA, LLC’S COUNTERCLAIMS
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`Plaintiffs/Counterclaim Defendants University of Massachusetts and Carmel Laboratories,
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`LLC (“Carmel Labs”) (together, “Plaintiffs”), by and through their attorneys of record, submit this
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`Answer to the Counterclaims of L’Oréal U.S.A., Inc. (“L’Oréal USA”). To the extent not
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`specifically admitted herein, the Counterclaim allegations are denied.
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`ANSWER TO COUNTERCLAIMS
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`1.
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` Plaintiffs admit that L’Oréal USA seeks a declaration of non-infringement and invalidity
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`of the `327 and `513 patents. Plaintiffs deny the remaining allegations in this paragraph.
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`FIRST CLAIM FOR RELIEF
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`2.
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`The prior paragraphs of Plaintiffs’ answer are reincorporated.
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`3. Admitted that the University of Massachusetts is the assignee and Carmel Labs is the
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`exclusive licensee of United States Patent Number 6,423,327. The other allegations in this
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`paragraph contain legal conclusions to which no response is required.
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`Case 1:17-cv-00868-CFC-SRF Document 41 Filed 07/03/19 Page 2 of 6 PageID #: 1326
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`4.
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`This paragraph contains legal conclusions to which no response is required. To the extent
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`a response is required, denied.
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`5.
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`This paragraph contains legal conclusions to which no response is required. To the extent
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`a response is required, Plaintiffs admit there is a controversy concerning L’Oréal USA’s
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`infringement of the `327 patent. Plaintiffs deny the remaining allegations in this paragraph.
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`6.
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` Plaintiffs admit L’Oréal USA seeks a declaration of non-infringement of the `327 patent.
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`Plaintiffs deny the remaining allegations in this paragraph.
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`SECOND CLAIM FOR RELIEF
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`7.
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`The prior paragraphs of Plaintiffs’ answer are reincorporated.
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`8. Admitted that the University of Massachusetts is the assignee and Carmel Labs is the
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`exclusive licensee of United States Patent Number 6,423,327. The other allegations in this
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`paragraph contain legal conclusions to which no response is required.
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`9.
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`This paragraph contains legal conclusions to which no response is required. To the extent
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`a response is required, denied.
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`10. This paragraph contains legal conclusions to which no response is required. To the extent
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`a response is required, Plaintiffs admit there is a controversy between the parties concerning the
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`validity of the `327 patent. Plaintiffs deny the remaining allegations in this paragraph.
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`11.
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` Plaintiffs admit L’Oréal USA seeks a declaration of invalidity of the `327 patent.
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`Plaintiffs deny the remaining allegations in this paragraph.
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`THIRD CLAIM FOR RELIEF
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`12. The prior paragraphs of Plaintiffs’ answer are reincorporated.
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`Case 1:17-cv-00868-CFC-SRF Document 41 Filed 07/03/19 Page 3 of 6 PageID #: 1327
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`13. Admitted that the University of Massachusetts is the assignee and Carmel Labs is the
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`exclusive licensee of United States Patent Number 6,645,513. The other allegations in this
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`paragraph contain legal conclusions to which no response is required.
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`14. This paragraph contains legal conclusions to which no response is required. To the extent
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`a response is required, denied.
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`15. This paragraph contains legal conclusions to which no response is required. To the extent
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`a response is required, Plaintiffs admit there is a controversy concerning L’Oréal USA’s
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`infringement of the `513 patent. Plaintiffs deny the remaining allegations in this paragraph.
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`16. Plaintiffs admit L’Oréal USA seeks a declaration of non-infringement of the `513 patent.
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`Plaintiffs deny the remaining allegations in this paragraph.
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`FOURTH CLAIM FOR RELIEF
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`17. The prior paragraphs of Plaintiffs’ answer are reincorporated.
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`18. Admitted that the University of Massachusetts is the assignee and Carmel Labs is the
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`exclusive licensee of United States Patent Number 6,645,513. The other allegations in this
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`paragraph contain legal conclusions to which no response is required.
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`19. This paragraph contains legal conclusions to which no response is required. To the extent
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`a response is required, denied.
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`20. This paragraph contains legal conclusions to which no response is required. To the extent
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`a response is required, Plaintiffs admit there is a controversy between the parties concerning the
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`validity of the `513 patent. Plaintiffs deny the remaining allegations in this paragraph.
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`21.
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` Plaintiffs admit L’Oréal USA seeks a declaration of invalidity of the `513 patent.
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`Plaintiffs deny the remaining allegations in this paragraph.
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`Case 1:17-cv-00868-CFC-SRF Document 41 Filed 07/03/19 Page 4 of 6 PageID #: 1328
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`PRAYER FOR RELIEF
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`A. To the extent a response is required, denied.
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`B. To the extent a response is required, denied.
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`C. To the extent a response is required, denied.
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`D. To the extent a response is required, denied.
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`E. To the extent a response is required, denied.
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`F. To the extent a response is required, denied.
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`G. To the extent a response is required, denied.
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`AFFIRMATIVE DEFENSE
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`L’Oréal USA has failed to state a claim upon which relief can be granted.
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`WHEREFORE, Plaintiffs respectfully request that the Court dismiss L’Oréal USA’s
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`counterclaims, grant judgment in Plaintiffs’ favor and against L’Oréal USA, award Plaintiffs
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`their costs and attorneys’ fees and grant such other relief as the Court deems just and proper.
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`DATED: July 3, 2019
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`Of Counsel:
`William Christopher Carmody
`Tamar E. Lusztig
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`Respectfully submitted,
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`FARNAN LLP
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`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`Telephone: (302) 777-0300
`Facsimile: (302) 777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
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`4
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`Case 1:17-cv-00868-CFC-SRF Document 41 Filed 07/03/19 Page 5 of 6 PageID #: 1329
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`Beatrice C. Franklin
`SUSMAN GODFREY L.L.P.
`1301 Avenue of the Americas, 32nd Floor
`New York, NY 10019
`Telephone: (212) 336-8330
`Facsimile: (212) 336-8340
`bcarmody@susmangodfrey.com
`tlusztig@susmangodfrey.com
`bfranklin@susmangodfrey.com
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`Justin A. Nelson
`SUSMAN GODFREY L.L.P.
`1000 Louisiana Street, Suite 5100
`Houston, Texas 77002
`Telephone: (713) 651-9366
`Facsimile: (713) 654-6666
`jnelson@susmangodfrey.com
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`Matthew B. Lowrie
`FOLEY & LARDNER LLP
`111 Huntington Avenue, Suite 2600
`Boston, MA 02199
`Telephone: (617) 342-4000
`Facsimile: (617) 342-4001
`mlowrie@foley.com
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`COMMONWEALTH OF MASSACHUSETTS,
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`By its attorney,
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`MAURA HEALEY
`ATTORNEY GENERAL
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`By: William Christopher Carmody
`William Christopher Carmody
`Special Assistant Attorney General
`SUSMAN GODFREY L.L.P.
`1301 Avenue of the Americas, 32nd Floor
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`5
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`Attorneys for University of Massachusetts
`and Carmel Laboratories, LLC
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`Attorneys for Carmel Laboratories, LLC
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`Case 1:17-cv-00868-CFC-SRF Document 41 Filed 07/03/19 Page 6 of 6 PageID #: 1330
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`New York, NY 10019
`Telephone: (212) 336-8330
`Facsimile: (212) 336-8340
`bcarmody@susmangodfrey.com
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`Attorney for University of Massachusetts
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`6
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