`
`Case 4:21-cv-00426-P Document 30 Filed 06/11/21 Page 1 of 5 PageID 190Case 4:21-cv-00426-P Document 30 Filed 06/11/21 Page 1 of 5 PageID 190
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`FORT WORTH DIVISION
`RICHARDS LINDSAY & MARTIN,
`§
`LLP
`§
`
`§
`
`§
`
`§
`v.
`§
`
`§
`ION WAVE TECHNOLOGIES, INC.
`§
`and JOHN DOES 1-5,
`§
`§
`§
`§
`
`
`
`
`Civ. No. 4:21-cv-00426
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`Defendants.
`
`
`
`
`PLAINTIFF’S ORIGINAL ANSWER TO DEFENDANT’S COUNTERCLAIM
`
`
`
`TO THE HONORABLE MARK PITTMAN, U.S. DISTRICT JUDGE:
`
`
`Plaintiff Richard Lindsay & Martin, LLP comes now with its Original Answer to
`
`Defendant’s Counterclaims.
`
`THE PARTIES
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`Admit.
`
`Admit.
`
`Admit.
`
`Admit.
`
`Admit.
`
`Admit.
`
`Admit.
`
`JURISDICTION AND VENUE
`
`BACKGROUND
`
`
`
`
`
`Case 4:21-cv-00426-P Document 30 Filed 06/11/21 Page 2 of 5 PageID 191Case 4:21-cv-00426-P Document 30 Filed 06/11/21 Page 2 of 5 PageID 191
`
`8.
`
`9.
`
`Admit.
`
`Admit.
`
`10.
`
`Admit.
`
`11.
`
`Admit.
`
`12.
`
`Admit.
`
`13.
`
`Admit.
`
`14.
`
`Admit.
`
`15.
`
`Admit.
`
`16.
`
`Admit.
`
`17.
`
`Plaintiff lacks sufficient information to admit or deny the information and
`
`allegations contained in this paragraph and demand strict proof thereof.
`
`18.
`
`Plaintiff lacks sufficient information to admit or deny the information and
`
`allegations contained in this paragraph and demand strict proof thereof.
`
`19.
`
`Plaintiff lacks sufficient information to admit or deny the information and
`
`allegations contained in this paragraph and demand strict proof thereof.
`
`20.
`
`Plaintiff admits that it has authorized public school districts and educational
`
`professionals to use the forms and manuals referenced in this paragraph but asserts that the
`
`authorization did not extend to the types of infringing conduct now alleged against Defendant.
`
`21.
`
`Admit.
`
`22.
`
`Plaintiff admits that it distributed Section 504 manuals and forms to attendees of
`
`RLM created seminars but asserts that use by attendees was subject to use restrictions.
`
`23.
`
`Plaintiff admits but asserts that use by Springfield School District was subject to
`
`use restrictions.
`
`2
`
`
`
`
`
`Case 4:21-cv-00426-P Document 30 Filed 06/11/21 Page 3 of 5 PageID 192Case 4:21-cv-00426-P Document 30 Filed 06/11/21 Page 3 of 5 PageID 192
`
`24.
`
`Plaintiff lacks sufficient information to admit or deny the information and
`
`allegations contained in this paragraph and demand strict proof thereof.
`
`25.
`
`Plaintiff lacks sufficient information to admit or deny the information and
`
`allegations contained in this paragraph and demand strict proof thereof.
`
`26.
`
`Admit.
`
`27.
`
`Plaintiff lacks sufficient information to admit or deny the information and
`
`allegations contained in this paragraph and demand strict proof thereof.
`
`FIRST CLAIM
`(Declaration of Non-Infringement)
`
`28.
`
`Plaintiff repeats, reasserts, realleges, and incorporates all previous responses as if
`
`set forth fully herein.
`
`29.
`
`Admit.
`
`30.
`
`Admit.
`
`31.
`
`Plaintiff admits Defendant denies infringing Plaintiff’s Asserted Copyrights but
`
`Plaintiff asserts the denial has no merit.
`
`32.
`
`Admit.
`
`33.
`
`This paragraph calls for legal conclusions for which no response is required. To the
`
`extent a response is required, Plaintiff denies.
`
`SECOND CLAIM
`(Declaration of Invalid or Unenforceable Copyright Registration)
`
`Plaintiff repeats, reasserts, realleges, and incorporates all previous responses as if
`
`34.
`
`set forth fully herein.
`
`35.
`
`Admit.
`
`36.
`
`Admit.
`
`3
`
`
`
`
`
`Case 4:21-cv-00426-P Document 30 Filed 06/11/21 Page 4 of 5 PageID 193Case 4:21-cv-00426-P Document 30 Filed 06/11/21 Page 4 of 5 PageID 193
`
`37.
`
`Plaintiff admits Defendant contends the Asserted Copyrights are invalid and/or
`
`unenforceable but Plaintiff asserts Defendant’s contentions have no merit.
`
`38.
`
`Plaintiff admits Defendant contends the Asserted Copyrights are invalid and/or
`
`unenforceable but Plaintiff asserts Defendant’s contentions have no merit.
`
`39.
`
`Plaintiff admits Defendant contends the Asserted Copyrights are invalid and/or
`
`unenforceable but Plaintiff asserts Defendant’s contentions have no merit.
`
`40.
`
`Admit.
`
`41.
`
`This paragraph calls for legal conclusions for which no response is required. To the
`
`extent a response is required, Plaintiff denies.
`
`THIRD CLAIM
`(Copyright Misuse)
`
`Plaintiff repeats, reasserts, realleges, and incorporates all previous responses as if
`
`42.
`
`set forth fully herein.
`
`43.
`
`Denied.
`
`44.
`
`Denied.
`
`45.
`
`Denied.
`
`46.
`
`Plaintiff admits it has only pursued claims of copyright infringement against IWT
`
`but further asserts Plaintiff has never allowed anyone to make unauthorized commercial use of the
`
`forms and materials covered by Plaintiff’s Copyright Registrations.
`
`47.
`
`Denied.
`
`48.
`
`Denied.
`
`49.
`
`Denied.
`
`
`
`Plaintiff neither admits nor denies Defendant’s legal conclusions asserted in its nine
`
`requests for relief after “WHEREFORE, IWT seeks the following relief:” To the extent an
`
`4
`
`
`
`
`
`Case 4:21-cv-00426-P Document 30 Filed 06/11/21 Page 5 of 5 PageID 194Case 4:21-cv-00426-P Document 30 Filed 06/11/21 Page 5 of 5 PageID 194
`
`admission or denial is required by law, Plaintiff denies these allegations and asserts that none of
`
`the requested relief should be granted.
`
`Respectfully Submitted,
`
`CLEVELAND | TERRAZAS PLLC
`
`By:_/s/ Brandon Crisp_____________
`Brandon Crisp
`Texas Bar No. 24054491
`303 Camp Craft Rd., Suite 325
`West Lake Hills, Texas 78746
`979-574-6953
`bcrisp@clevelandterrazas.com
`
`BENTON WILLIAMS PLLC
`Benton Williams II
`Texas Bar No. 24070854
`100 Crescent Court, Suite 700
`Dallas, Texas 75201
`(214) 785-6205
`Benton.williams@bentonwilliamspllc.com
`
`REITLER KAILAS & ROSENBLATT LLC
`Robert W. Clarida
`885 Third Ave., 20th Floor
`New York, New York 10022
`(212) 209-3044
`rclarida@reitlerlaw.com
`
`COUNSEL FOR PLAINTIFF RICHARDS
`LINDSAY & MARTIN, LLP
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`
`
`
`
`
`
`
`
`I hereby certify that a true and correct copy of this document has been sent via the Court’s
`electronic filing system and to counsel of record listed below on June 11, 2021.
`
`
`
`/s/ Brandon Crisp
`Brandon Crisp
`
`
`
`
`
`
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
