`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`GUADA TECHNOLOGIES LLC,
`
`
`
`
`Plaintiff,
`
`
` CASE NO. 19-cv-187-RGA
`
`JURY TRIAL DEMANDED
`
`
`
` PATENT CASE
`
`
`
`
`
`UNCOMMONGOODS, LLC,
`
`
`Defendant.
`
`v.
`
`
`
`
`
`
`
`
`
`ANSWER TO COUNTERCLAIMS OF UNCOMMONGOODS, LLC
`
`Plaintiff Guada Technologies LLC hereby answers the counterclaims (Dkt. No. 10) of
`
`Uncommongoods, LLC (“Defendant”), by corresponding paragraph number as follows:
`
`1.
`
`Guada Technologies admits that Defendant filed an action for declaratory
`
`judgment of non-infringement, invalidity and unenforceability, as related to U.S. Patent Nos.
`
`7,231,379 (“the ’379 patent”) pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-
`
`2202, and the United States Patent Law, 35 U.S.C. § 100 et seq.; however, Guada Technologies
`
`denies that Defendant is entitled to any declaratory judgment or any other relief.
`
`
`
`I. THE PARTIES
`
`2.
`
`Guada Technologies admits that Uncommongoods, LLC is a Delaware limited
`
`liability company. Guada Technologies is without knowledge or information sufficient to form a
`
`belief as to the remaining allegations and therefore denies all other allegations.
`
`3.
`
`Admitted.
`
`4.
`
`Admitted.
`
`II. JURISDICTION AND VENUE
`
`
`
`1
`
`
`
`Case 1:19-cv-00187-RGA Document 12 Filed 05/10/19 Page 2 of 4 PageID #: 62
`
`5.
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`Guada Technologies admits that venue and personal jurisdiction is proper in this
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`District for Defendant’s counterclaims because Guada Technologies filed its complaint in this
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`District. Guada Technologies denies all other allegations in the paragraph.
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`DEFENDANT’S III. COUNT 1: DECLARATORY OF NON-INFRINGEMENT OF U.S.
`PATENT NO. 7,231,379
`
`6.
`
`Guada Technologies incorporates by reference its responses to paragraphs 1
`
`through 5 above, as if fully set forth herein.
`
`7.
`
`Guada Technologies admits that Defendant seeks a declaratory judgment
`
`declaring the rights and interest of Defendant and Plaintiff in connection with non-infringement
`
`of the ‘379 patent; however, Guada Technologies denies that Defendant is entitled to such a
`
`declaration or any other relief. Guada Technologies denies all other allegations in the paragraph.
`
`DEFENDANT’S IV. COUNT 2: DECLARATORY OF INVALIDITY OF U.S.
`PATENT NO. 7,231,379
`
`8.
`
`Guada Technologies incorporates by reference paragraphs 1 through 7 above, as if
`
`fully set forth herein.
`
`9.
`
`Guada Technologies admits that Defendant seeks a declaratory judgment
`
`declaring the rights and interest of Defendant and Plaintiff in connection with the invalidity and
`
`unenforceability of the ‘379 patent; however, Guada Technologies denies that Defendant is
`
`entitled to such a declaration or any other relief. Guada Technologies denies all other allegations
`
`in the paragraph.
`
`10.
`
` Guada Technologies admits that Defendant seeks a declaratory judgment
`
`declaring the claims of the ‘379 patent are invalid because they purport to patent an abstract idea
`
`and are ineligible for patentability under 35 U.S.C. §101; however, Guada Technologies denies
`
`that Defendant is entitled to such a declaration or any other relief. Guada Technologies denies
`
`all other allegations in the paragraph.
`
`
`
`2
`
`
`
`Case 1:19-cv-00187-RGA Document 12 Filed 05/10/19 Page 3 of 4 PageID #: 63
`
`11.
`
`Guada Technologies admits that Defendant seeks a declaratory judgment
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`declaring that the ‘379 patent invalid under 35 U.S.C. §§ 102 and/or 103 in light of the teachings
`
`of at least the following prior references: U.S. Patent No. 6,731,724 to Wesemann et al.; U.S.
`
`Patent No. 6,366,910 to Rajarman et al.; and U.S. Patent No. 7,539,656 to Fratkina et al.;
`
`however, Guada Technologies denies that Defendant is entitled to such a declaration or any other
`
`relief. Guada Technologies denies all other allegations in the paragraph.
`
`DEFENDANT’S V. DEMAND FOR A JURY TRIAL
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`12.
`
`Defendant’s jury demand is an averment to which no response is required.
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`DEFENDANT’S VI. PRAYER FOR RELIEF AS TO COUNTERCLAIMS
`
`Guada Technologies denies that Defendant is entitled to any relief, including the relief
`
`requested in its Prayer for Relief.
`
`
`May 10, 2019
`
`
`
`OF COUNSEL:
`
`David R. Bennett
`Direction IP Law
`P.O. Box 14184
`Chicago, IL 60614-0184
`(312) 291-1667
`dbennett@directionip.com
`
`
`
`
`
`
`Respectfully Submitted,
`
`DEVLIN LAW FIRM LLC
`
` /s/ Timothy Devlin
`Timothy Devlin
`Delaware Bar No. 4241
`1306 N. Broom Street, 1st Floor
`Wilmington, DE 19806
`Phone: (302) 449-9010
`tdevlin@devlinlawfirm.com
`
`ATTORNEYS FOR PLAINTIFF
`GUADA TECHNOLOGIES LLC
`
`
`
`
`
`
`
`
`3
`
`
`
`Case 1:19-cv-00187-RGA Document 12 Filed 05/10/19 Page 4 of 4 PageID #: 64
`
`CERTIFICATE OF SERVICE
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`I hereby certify that on May 10, 2019, I electronically filed the above documents with
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`the Clerk of Court using CM/ECF which will send electronic notification of such filings to all
`
`registered counsel.
`
`/s/ Timothy Devlin
`Timothy Devlin (#4241)
`
`
`
`
`
`
`
`4
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`
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