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Case 1:17-cv-00868-CFC-SRF Document 41 Filed 07/03/19 Page 1 of 6 PageID #: 1325
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`Defendant.
`
` Case No. 17-cv-868-CFC-SRF
`
`
`UNIVERSITY OF MASSACHUSETTS and
`CARMEL LABORATORIES, LLC,
`
`
`
`
`
`L’ORÉAL USA, INC.,
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`
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`PLAINTIFFS/COUNTERCLAIM DEFENDANTS ANSWER AND DEFENSES
`TO COUNTERCLAIMANT L’OREAL USA, LLC’S COUNTERCLAIMS
`
`Plaintiffs/Counterclaim Defendants University of Massachusetts and Carmel Laboratories,
`
`
`
`
`LLC (“Carmel Labs”) (together, “Plaintiffs”), by and through their attorneys of record, submit this
`
`Answer to the Counterclaims of L’Oréal U.S.A., Inc. (“L’Oréal USA”). To the extent not
`
`specifically admitted herein, the Counterclaim allegations are denied.
`
`ANSWER TO COUNTERCLAIMS
`
`1.
`
` Plaintiffs admit that L’Oréal USA seeks a declaration of non-infringement and invalidity
`
`of the `327 and `513 patents. Plaintiffs deny the remaining allegations in this paragraph.
`
`FIRST CLAIM FOR RELIEF
`
`2.
`
`The prior paragraphs of Plaintiffs’ answer are reincorporated.
`
`3. Admitted that the University of Massachusetts is the assignee and Carmel Labs is the
`
`exclusive licensee of United States Patent Number 6,423,327. The other allegations in this
`
`paragraph contain legal conclusions to which no response is required.
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`

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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.
`
`This paragraph contains legal conclusions to which no response is required. To the extent
`
`a response is required, denied.
`
`5.
`
`This paragraph contains legal conclusions to which no response is required. To the extent
`
`a response is required, Plaintiffs admit there is a controversy concerning L’Oréal USA’s
`
`infringement of the `327 patent. Plaintiffs deny the remaining allegations in this paragraph.
`
`6.
`
` Plaintiffs admit L’Oréal USA seeks a declaration of non-infringement of the `327 patent.
`
`Plaintiffs deny the remaining allegations in this paragraph.
`
`SECOND CLAIM FOR RELIEF
`
`7.
`
`The prior paragraphs of Plaintiffs’ answer are reincorporated.
`
`8. Admitted that the University of Massachusetts is the assignee and Carmel Labs is the
`
`exclusive licensee of United States Patent Number 6,423,327. The other allegations in this
`
`paragraph contain legal conclusions to which no response is required.
`
`9.
`
`This paragraph contains legal conclusions to which no response is required. To the extent
`
`a response is required, denied.
`
`10. This paragraph contains legal conclusions to which no response is required. To the extent
`
`a response is required, Plaintiffs admit there is a controversy between the parties concerning the
`
`validity of the `327 patent. Plaintiffs deny the remaining allegations in this paragraph.
`
`11.
`
` Plaintiffs admit L’Oréal USA seeks a declaration of invalidity of the `327 patent.
`
`Plaintiffs deny the remaining allegations in this paragraph.
`
`THIRD CLAIM FOR RELIEF
`
`12. The prior paragraphs of Plaintiffs’ answer are reincorporated.
`
`2
`
`

`

`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
`
`exclusive licensee of United States Patent Number 6,645,513. The other allegations in this
`
`paragraph contain legal conclusions to which no response is required.
`
`14. This paragraph contains legal conclusions to which no response is required. To the extent
`
`a response is required, denied.
`
`15. This paragraph contains legal conclusions to which no response is required. To the extent
`
`a response is required, Plaintiffs admit there is a controversy concerning L’Oréal USA’s
`
`infringement of the `513 patent. Plaintiffs deny the remaining allegations in this paragraph.
`
`16. Plaintiffs admit L’Oréal USA seeks a declaration of non-infringement of the `513 patent.
`
`Plaintiffs deny the remaining allegations in this paragraph.
`
`FOURTH CLAIM FOR RELIEF
`
`17. The prior paragraphs of Plaintiffs’ answer are reincorporated.
`
`18. Admitted that the University of Massachusetts is the assignee and Carmel Labs is the
`
`exclusive licensee of United States Patent Number 6,645,513. The other allegations in this
`
`paragraph contain legal conclusions to which no response is required.
`
`19. This paragraph contains legal conclusions to which no response is required. To the extent
`
`a response is required, denied.
`
`20. This paragraph contains legal conclusions to which no response is required. To the extent
`
`a response is required, Plaintiffs admit there is a controversy between the parties concerning the
`
`validity of the `513 patent. Plaintiffs deny the remaining allegations in this paragraph.
`
`21.
`
` Plaintiffs admit L’Oréal USA seeks a declaration of invalidity of the `513 patent.
`
`Plaintiffs deny the remaining allegations in this paragraph.
`
`
`
`3
`
`

`

`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
`
`A. To the extent a response is required, denied.
`
`B. To the extent a response is required, denied.
`
`C. To the extent a response is required, denied.
`
`D. To the extent a response is required, denied.
`
`E. To the extent a response is required, denied.
`
`F. To the extent a response is required, denied.
`
`G. To the extent a response is required, denied.
`
`
`
`
`
`
`
`AFFIRMATIVE DEFENSE
`
`L’Oréal USA has failed to state a claim upon which relief can be granted.
`
`WHEREFORE, Plaintiffs respectfully request that the Court dismiss L’Oréal USA’s
`
`counterclaims, grant judgment in Plaintiffs’ favor and against L’Oréal USA, award Plaintiffs
`
`their costs and attorneys’ fees and grant such other relief as the Court deems just and proper.
`
`DATED: July 3, 2019
`
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`Of Counsel:
`William Christopher Carmody
`Tamar E. Lusztig
`
`
`
`
`
`
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`
`
`Respectfully submitted,
`
`FARNAN LLP
`
`
`
`
`/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
`
`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
`
`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
`
`
`
`
`
`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
`
`
`
`
`COMMONWEALTH OF MASSACHUSETTS,
`
`By its attorney,
`
`MAURA HEALEY
`ATTORNEY GENERAL
`
`By: William Christopher Carmody
`William Christopher Carmody
`Special Assistant Attorney General
`SUSMAN GODFREY L.L.P.
`1301 Avenue of the Americas, 32nd Floor
`
`
`
`
`
`5
`
`Attorneys for University of Massachusetts
`and Carmel Laboratories, LLC
`
`Attorneys for Carmel Laboratories, LLC
`
`

`

`Case 1:17-cv-00868-CFC-SRF Document 41 Filed 07/03/19 Page 6 of 6 PageID #: 1330
`
`New York, NY 10019
`Telephone: (212) 336-8330
`Facsimile: (212) 336-8340
`bcarmody@susmangodfrey.com
`
`
`Attorney for University of Massachusetts
`
`6
`
`

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