Anascape, Ltd v. Microsoft Corp. et al Doc.
49
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
Anascape, Ltd.,
Plaintiff,
v. Civil Action No. 9:06-cv-158-RC
Microsoft Corp., and JURY TRIAL REQUESTED
Nintendo of America, Inc.,
Defendants.
ANASCAPE, LTD.’S FIRST AMENDED REPLY TO
MICROSOFT CORPORATION’S COUNTERCLAIMS
Plaintiff Anascape, Ltd. (“Anascape”) files this Reply to Defendant Microsoft
Corporation’s (“Microsoft”) Second Amended Counterclaims, filed December 6, 2006, and
states as follows:
RESPONSE TO COUNT I
1. Anascape admits that Microsoft purports to allege a counterclaim arising under 28
U.S.C. §§ 1338, 2201, and 2202 and 35 U.S.C. Anascape denies that Microsoft is entitled to any
declaratory relief.
2. Anascape admits the allegations of this paragraph.
3. Anascape admits the allegations of this paragraph.
4. Anascape admits the allegations of this paragraph.
5. Anascape admits the allegations of this paragraph.
6. Anascape admits that it commenced a civil action for infringement of the ’084,
’802, ’886, ’271, ’525, ’991, ’791, ’997, ’205, ’303, ’415, and ’700 patents and admits that there
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is an actual controversy between Anascape and Microsoft with respect to Microsoft’s
infringement of the ’084, ’802, ’886, ’271, ’525, ’991, ’791,’997, ’205, ’303, ’415, and ’700
patents. Anascape denies the remaining allegations of this paragraph.
7. Anascape denies the allegations of this paragraph.
8. Anascape admits that Microsoft has sold at least two models of controllers for use
with its original Xbox video game system. Anascape admits that photographs of two controllers
are attached to Microsoft’s First Amended Counterclaims as Exhibit A. Anascape admits that
Microsoft refers to these two controllers as “Microsoft’s Xbox Controllers.” Because Microsoft
has not yet provided any discovery regarding its products, Anascape is without information or
knowledge sufficient to form a belief as to the truth of the remaining allegations of this
paragraph and, therefore, denies the same.
9. Anascape admits that Microsoft has sold at least two models of controllers for use
with its Xbox 360 video game system. Anascape admits that photographs of two controllers are
attached to Microsoft’s First Amended Counterclaims as Exhibit B. Anascape admits that
Microsoft refers to these two controllers as “Microsoft’s Xbox 360 Controllers.” Because
Microsoft has not yet provided any discovery regarding its products, Anascape is without
information or knowledge sufficient to form a belief as to the truth of the remaining allegations
of this paragraph and, therefore, denies the same.
10. Anascape denies the allegations of this paragraph.
11. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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12. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
13. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
14. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
15. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
16. Anascape denies the allegations of this paragraph.
17. Anascape denies the allegations of this paragraph.
18. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
19. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
20. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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21. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
22. Anascape denies the allegations of this paragraph.
23. Anascape denies the allegations of this paragraph.
24. Anascape denies the allegations of this paragraph.
25. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
26. Anascape denies the allegations of this paragraph.
27. Anascape denies the allegations of this paragraph.
28. Anascape denies the allegations of this paragraph.
29. Anascape denies the allegations of this paragraph.
30. Anascape denies the allegations of this paragraph.
31. Anascape denies the allegations of this paragraph.
32. Anascape denies the allegations of this paragraph.
33. Anascape denies the allegations of this paragraph.
34. Anascape denies the allegations of this paragraph.
35. Anascape denies the allegations of this paragraph.
36. Anascape denies the allegations of this paragraph.
37. Anascape denies the allegations of this paragraph.
38. Anascape denies the allegations of this paragraph.
39. Anascape denies the allegations of this paragraph.
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40. Anascape denies the allegations of this paragraph.
41. Anascape denies the allegations of this paragraph.
42. Anascape denies the allegations of this paragraph.
43. Anascape denies the allegations of this paragraph.
44. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
45. Anascape denies the allegations of this paragraph.
46. Anascape denies the allegations of this paragraph.
47. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
48. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
49. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
50. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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51. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
52. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
53. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
54. Anascape denies the allegations of this paragraph.
55. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
56. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
57. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
58. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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59. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
60. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
61. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
62. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
63. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
64. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
65. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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66. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
67. Anascape denies the allegations of this paragraph.
68. Anascape denies the allegations of this paragraph.
69. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
70. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
71. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
72. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
73. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
74. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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75. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
76. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
77. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
78. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
79. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
80. Anascape denies the allegations of this paragraph.
81. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
82. Anascape denies the allegations of this paragraph.
83. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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84. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
85. Anascape denies the allegations of this paragraph.
86. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
87. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
88. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
89. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
90. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
91. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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92. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
93. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
94. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
95. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
96. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
97. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
98. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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99. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
100. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
101. Anascape denies the allegations of this paragraph.
102. Anascape denies the allegations of this paragraph.
103. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
104. Anascape denies the allegations of this paragraph.
105. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
106. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
107. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
108. Anascape denies the allegations of this paragraph.
109. Anascape denies the allegations of this paragraph.
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110. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
111. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
112. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
113. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
114. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
115. Anascape denies the allegations of this paragraph.
116. Anascape denies the allegations of this paragraph.
117. Anascape denies the allegations of this paragraph.
118. Anascape denies the allegations of this paragraph.
119. Anascape denies the allegations of this paragraph.
120. Anascape denies the allegations of this paragraph.
121. Anascape denies the allegations of this paragraph.
122. Anascape denies the allegations of this paragraph.
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123. Anascape denies the allegations of this paragraph.
124. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
125. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
126. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
127. Anascape denies the allegations of this paragraph.
128. Anascape denies the allegations of this paragraph.
129. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
130. Anascape denies the allegations of this paragraph.
131. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
132. Anascape denies the allegations of this paragraph.
133. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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134. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
135. Anascape denies the allegations of this paragraph.
136. Anascape denies the allegations of this paragraph.
137. Anascape denies the allegations of this paragraph.
138. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
139. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
140. Anascape denies the allegations of this paragraph.
141. Anascape denies the allegations of this paragraph.
142. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
143. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
144. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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145. Anascape denies the allegations of this paragraph.
146. Anascape denies the allegations of this paragraph.
147. Anascape denies the allegations of this paragraph.
148. Anascape denies the allegations of this paragraph.
149. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
150. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
151. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
152. Anascape denies the allegations of this paragraph.
153. Anascape denies the allegations of this paragraph.
154. Anascape denies the allegations of this paragraph.
155. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
156. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
157. Anascape denies the allegations of this paragraph.
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158. Anascape denies the allegations of this paragraph.
159. Anascape denies the allegations of this paragraph.
160. Anascape denies the allegations of this paragraph.
161. Anascape denies the allegations of this paragraph.
162. Anascape denies the allegations of this paragraph.
163. Anascape denies the allegations of this paragraph.
164. Anascape denies the allegations of this paragraph.
165. Anascape denies the allegations of this paragraph.
166. Anascape denies the allegations of this paragraph.
167. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
168. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
169. Anascape denies the allegations of this paragraph.
170. Anascape denies the allegations of this paragraph.
171. Anascape denies the allegations of this paragraph.
172. Anascape denies the allegations of this paragraph.
173. Anascape denies the allegations of this paragraph.
174. Anascape denies the allegations of this paragraph.
175. Anascape denies the allegations of this paragraph.
176. Anascape denies the allegations of this paragraph.
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177. Anascape denies the allegations of this paragraph.
178. Anascape denies the allegations of this paragraph.
179. Anascape denies the allegations of this paragraph.
180. Anascape denies the allegations of this paragraph.
181. Anascape denies the allegations of this paragraph.
182. Anascape denies the allegations of this paragraph.
183. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
184. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
185. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
186. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
187. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
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188. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
189. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
190. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
191. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
192. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
193. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
194. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
195. Anascape denies the allegations of this paragraph.
196. Anascape denies the allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 19
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197. Anascape denies the allegations of this paragraph.
198. Anascape denies the allegations of this paragraph.
199. Anascape denies the allegations of this paragraph.
200. Anascape denies the allegations of this paragraph.
201. Anascape denies the allegations of this paragraph.
202. Anascape denies the allegations of this paragraph.
203. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
204. Anascape denies the allegations of this paragraph.
205. Anascape denies the allegations of this paragraph.
206. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
207. Anascape denies the allegations of this paragraph.
208. Anascape denies the allegations of this paragraph.
209. Anascape denies the allegations of this paragraph.
210. Anascape denies the allegations of this paragraph.
211. Anascape denies the allegations of this paragraph.
212. Anascape denies the allegations of this paragraph.
213. Anascape denies the allegations of this paragraph.
214. Anascape denies the allegations of this paragraph.
215. Anascape denies the allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 20
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216. Anascape denies the allegations of this paragraph.
217. Anascape denies the allegations of this paragraph.
218. Anascape denies the allegations of this paragraph.
219. Anascape denies the allegations of this paragraph.
220. Anascape denies the allegations of this paragraph.
221. Anascape denies the allegations of this paragraph.
222. Anascape denies the allegations of this paragraph.
223. Anascape denies the allegations of this paragraph.
224. Anascape denies the allegations of this paragraph.
225. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
226. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
227. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
228. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 21
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229. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
230. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
231. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
232. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
233. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
234. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
235. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 22
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236. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
237. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
238. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
239. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
240. Anascape denies the allegations of this paragraph.
241. Anascape denies the allegations of this paragraph.
242. Anascape denies the allegations of this paragraph.
243. Anascape denies the allegations of this paragraph.
244. Anascape denies the allegations of this paragraph.
245. Anascape denies the allegations of this paragraph.
246. Anascape denies the allegations of this paragraph.
247. Anascape denies the allegations of this paragraph.
248. Anascape denies the allegations of this paragraph.
249. Anascape denies the allegations of this paragraph.
250. Anascape denies the allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 23
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251. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
252. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
253. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
254. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
255. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
256. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
257. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 24
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258. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
259. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
260. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
261. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
262. Anascape denies the allegations of this paragraph.
263. Anascape denies the allegations of this paragraph.
264. Anascape denies the allegations of this paragraph.
265. Anascape denies the allegations of this paragraph.
266. Anascape denies the allegations of this paragraph.
267. Anascape denies the allegations of this paragraph.
268. Anascape denies the allegations of this paragraph.
269. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
270. Anascape denies the allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 25
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271. Anascape denies the allegations of this paragraph.
272. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
273. Anascape denies the allegations of this paragraph.
274. Anascape denies the allegations of this paragraph.
275. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
276. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
277. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
278. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
279. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 26
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280. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
281. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
282. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
283. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
284. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
285. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
286. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 27
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287. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
288. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
289. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
290. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
291. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
292. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
293. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 28
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294. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
295. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
296. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
297. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
298. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
299. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
300. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 29
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301. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
302. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
303. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
304. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
305. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
306. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
307. Anascape denies the allegations of this paragraph.
308. Anascape denies the allegations of this paragraph.
309. Anascape denies the allegations of this paragraph.
310. Anascape denies the allegations of this paragraph.
311. Anascape denies the allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 30
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312. Anascape denies the allegations of this paragraph.
313. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
314. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
315. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
316. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
317. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
318. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
319. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 31
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320. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
321. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
322. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
323. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
324. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
325. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
326. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
327. Anascape denies the allegations of this paragraph.
328. Anascape denies the allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 32
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329. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
330. Anascape denies the allegations of this paragraph.
331. Anascape denies the allegations of this paragraph.
332. Anascape denies the allegations of this paragraph.
333. Anascape denies the allegations of this paragraph.
334. Anascape denies the allegations of this paragraph.
335. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
336. Anascape denies the allegations of this paragraph.
337. Anascape denies the allegations of this paragraph.
338. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
339. Anascape denies the allegations of this paragraph.
340. Anascape denies the allegations of this paragraph.
341. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 33
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342. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
343. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
344. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
345. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
346. Anascape denies the allegations of this paragraph.
347. Anascape denies the allegations of this paragraph.
348. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
349. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
350. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 34
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351. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
352. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
353. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
354. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
355. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
356. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
357. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 35
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358. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
359. Anascape denies the allegations of this paragraph.
360. Anascape denies the allegations of this paragraph.
361. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
362. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
363. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
364. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
365. Anascape denies the allegations of this paragraph.
366. Anascape denies the allegations of this paragraph.
367. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
368. Anascape denies the allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 36
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369. Anascape denies the allegations of this paragraph.
370. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
371. Anascape denies the allegations of this paragraph.
372. Anascape denies the allegations of this paragraph.
373. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
374. Anascape denies the allegations of this paragraph.
375. Anascape denies the allegations of this paragraph.
376. Anascape denies the allegations of this paragraph.
377. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
378. Anascape denies the allegations of this paragraph.
379. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
380. Anascape denies the allegations of this paragraph.
381. Anascape denies the allegations of this paragraph.
382. Anascape denies the allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 37
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383. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
384. Anascape denies the allegations of this paragraph.
385. Anascape denies the allegations of this paragraph.
386. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
387. Anascape denies the allegations of this paragraph.
388. Anascape denies the allegations of this paragraph.
389. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
390. Anascape denies the allegations of this paragraph.
391. Anascape denies the allegations of this paragraph.
392. Anascape denies the allegations of this paragraph.
393. Anascape denies the allegations of this paragraph.
394. Anascape denies the allegations of this paragraph.
395. Anascape denies the allegations of this paragraph.
396. Anascape denies the allegations of this paragraph.
397. Anascape denies the allegations of this paragraph.
398. Anascape denies the allegations of this paragraph.
399. Anascape denies the allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 38
Dallas 229790v1
Case 9:06-cv-00158-RHC Document 49 Filed 12/14/2006 Page 39 of 45
400. Anascape denies the allegations of this paragraph.
401. Anascape denies the allegations of this paragraph.
402. Anascape denies the allegations of this paragraph.
403. Anascape denies the allegations of this paragraph.
404. Anascape denies the allegations of this paragraph.
405. Anascape denies the allegations of this paragraph.
406. Anascape denies the allegations of this paragraph.
407. Anascape denies the allegations of this paragraph.
408. Anascape denies the allegations of this paragraph.
409. Anascape denies the allegations of this paragraph.
410. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
411. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
412. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
413. Anascape denies the allegations of this paragraph.
414. Anascape denies the allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 39
Dallas 229790v1
Case 9:06-cv-00158-RHC Document 49 Filed 12/14/2006 Page 40 of 45
415. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
416. Anascape denies the allegations of this paragraph.
417. Anascape denies the allegations of this paragraph.
418. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
419. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
420. Anascape denies the allegations of this paragraph.
421. Anascape denies the allegations of this paragraph.
422. Anascape denies the allegations of this paragraph.
423. Anascape denies the allegations of this paragraph.
424. Because Microsoft has not yet provided any discovery regarding the operation of
its products, Anascape is without information or knowledge sufficient to form a belief as to the
truth of the allegations of this paragraph and, therefore, denies the same.
425. Anascape denies the allegations of this paragraph.
426. Anascape denies the allegations of this paragraph.
427. Anascape denies the allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 40
Dallas 229790v1
Case 9:06-cv-00158-RHC Document 49 Filed 12/14/2006 Page 41 of 45
RESPONSE TO COUNT II
428. Anascape incorporates by reference its responses to paragraphs 1-5, as if fully
restated herein. Anascape denies the remaining allegations of this paragraph.
429. Anascape admits that it commenced a civil action for infringement of the ’084,
’802, ’886, ’271, ’991, ’791,’997, ’205, ’303, ’415, and ’700 patents and admits that there is an
actual controversy between Anascape and Microsoft with respect to Microsoft’s infringement of
the ’084, ’802, ’886, ’271, ’991, ’791,’997, ’205, ’303, ’415, and ’700 patents. Anascape denies
the remaining allegations of this paragraph.
430. Anascape denies the allegations of this paragraph.
431. Anascape denies the allegations of this paragraph.
RESPONSE TO COUNT III
432. Anascape incorporates by reference its responses to paragraphs 1-5, as if fully
restated herein. Anascape denies the remaining allegations of this paragraph.
433. Anascape admits that it commenced a civil action for infringement of the ’084,
’802, ’886, ’271, ’991, ’791,’997, ’205, ’303, ’415, and ’700 patents and admits that there is an
actual controversy between Anascape and Microsoft with respect to Microsoft’s infringement of
the ’084, ’802, ’886, ’271, ’991, ’791,’997, ’205, ’303, ’415, and ’700 patents. Anascape denies
the remaining allegations of this paragraph.
434. Anascape denies the allegations of this paragraph.
435. Anascape admits that U.S. Patent Application No. 09/715,532 was filed on
November 16, 2000 with claims 1-38 and issued as U.S. Patent No. 6,906,700. Anascape admits
that Brad A. Armstrong is named as the inventor of U.S. Patent No. 6,906,700. Anascape admits
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 41
Dallas 229790v1
Case 9:06-cv-00158-RHC Document 49 Filed 12/14/2006 Page 42 of 45
that Mr. Armstrong participated in the prosecution of U.S. Patent No. 6,906,700. Anascape
denies the remaining allegations of this paragraph.
436. Anascape admits that Mr. Armstrong was aware of one or more video game
controllers after U.S. Patent Application No. 09/715,532 was filed. Anascape denies the
remaining allegations of this paragraph.
437. Anascape admits that Mr. Armstrong filed a Preliminary Amendment with the
Patent & Trademark Office dated July 15, 2002, in which he cancelled original claims 1-38 and
added new claims 39-77 to the application. Anascape denies the remaining allegations of this
paragraph.
438. Anascape admits that the new claims 39-77 have a claim scope that covers one or
more video game controllers. Anascape denies the remaining allegations of this paragraph.
439. Anascape denies the allegations of this paragraph.
440. Anascape admits the allegations of this paragraph.
441. Anascape denies the allegations of this paragraph.
442. Anascape admits that section 112 of Title 35 of the United States Code states, in
part, that:
The specification shall contain a written description of the invention, and of the
manner and process of making and using it, in such full, clear, concise, and exact
terms as to enable any person skilled in the art to which it pertains, or with which
it is most nearly connected, to make and use the same, and shall set forth the best
mode contemplated by the inventor of carrying out his invention.
Anascape admits that section 2163.06 of the Manual of Patent Examining Procedure
states, in part, that:
If new matter is added to the claims, the examiner should reject the claims under
35 U.S.C. 112, first paragraph - written description requirement. In re Rasmussen,
650 F.2d 1212, 211 USPQ 323 (CCPA 1981).
Anascape denies the remaining allegations of this paragraph.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 42
Dallas 229790v1
Case 9:06-cv-00158-RHC Document 49 Filed 12/14/2006 Page 43 of 45
443. Anascape denies the allegations of this paragraph.
444. Anascape denies the allegations of this paragraph.
Anascape denies each and every allegation contained in Microsoft’s Counterclaims that is
not expressly admitted herein. Anascape denies that Microsoft is entitled to the relief requested
or any other relief.
PRAYER FOR RELIEF
Anascape prays for the following relief:
A. The dismissal of Microsoft’s Counterclaims for declaratory relief;
B. Judgment declaring that Microsoft infringes the ’084, ’802, ’886, ’271, ’991,
’791,’997, ’205, ’303, ’415, and ’700 patents;
C. Judgment declaring that the ’084, ’802, ’886, ’271, ’991, ’791,’997, ’205, ’303,
’415, and ’700 patents are valid and enforceable;
D. An award of Anascape’s attorneys’ fees and costs, together with pre-judgment
and post-judgment interest in the maximum amount provided by law; and
E. Such other and further relief as the Court deems just and equitable.
DEMAND FOR JURY TRIAL
Anascape hereby demands a jury trial on all issues appropriately triable by a jury.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 43
Dallas 229790v1
Case 9:06-cv-00158-RHC Document 49 Filed 12/14/2006 Page 44 of 45
DATED: December 14, 2006. Respectfully submitted,
McKOOL SMITH, P.C.
/s/ Sam Baxter
Sam Baxter
Lead Attorney
Texas State Bar No. 01938000
sbaxter@mckoolsmith.com
P.O. Box O
505 E. Travis, Suite 105
Marshall, Texas 75670
Telephone: (903) 927-2111
Facsimile: (903) 927-2622
Theodore Stevenson, III
Texas State Bar No. 19196650
tstevenson@mckoolsmith.com
Luke F. McLeroy
Texas State Bar No. 24041455
lmcleroy@mckoolsmith.com
McKool Smith, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: (214) 978-4000
Telecopier: (214) 978-4044
Robert M. Parker
Texas State Bar No. 15498000
rmparker@pbatyler.com
Robert Christopher Bunt
Texas State Bar No. 00787165
rcbunt@pbatyler.com
Charles Ainsworth
Texas State Bar No. 00783521
charley@pbatyler.com
Parker, Bunt & Ainsworth P.C.
100 E. Ferguson Street, Suite 1114
Tyler, Texas 75702
Telephone: (903) 531-3535
Telecopier: (903) 533-9687
ATTORNEYS FOR PLAINTIFF
ANASCAPE, LTD.
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 44
Dallas 229790v1
Case 9:06-cv-00158-RHC Document 49 Filed 12/14/2006 Page 45 of 45
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served on
counsel of record via ECF or U.S. Mail on this 14th day of December, 2006.
/s/ Luke F. McLeroy
Luke F. McLeroy
PLAINTIFF’S REPLY TO MICROSOFT’S COUNTERCLAIMS PAGE 45
Dallas 229790v1
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