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Top Image Systems Ltd. Message Board

  • dow18k dow18k Jan 8, 2013 11:05 PM Flag

    Summary of Reply to Mitek Lawsuit

    Top Image denies any and all allegations contained in the remainder of the Complaint
    and denies that Plaintiff is entitled to any of the relief requested in Paragraphs a – g of the
    Top Image admits that Plaintiff has requested and demands a trial by jury of this action.
    Without waiving the foregoing, Top Image asserts the following separate defenses. Top
    Image alleges the following defenses in response to the allegations set forth in the Complaint.
    Top Image hereby incorporates by reference its answers to the allegations contained in
    Paragraphs 1 to 52 of its Answer to the Complaint as if fully set forth herein.
    1. The Complaint fails to state a claim on which relief can be based. Plaintiff fails to
    identify any products made, used, imported, sold or offered for sale by Top Image.
    2. Top Image does not infringe and has not infringed the claims of the U.S. Patent
    Nos.7,778,457; 7,949,176; 7,953,268; 7,978,900; and 8,000,514 (the “Asserted Patents”) either
    individually or jointly, either directly, contributorily, or by inducement, either literally or under
    the doctrine of equivalents.
    3. The Asserted Patents are invalid, void and/or unenforceable for failing to comply
    with one or more of the conditions and requirements of the patent laws of the United States,
    including, but not limited to, 35 U.S.C. §§ 101, 102, 103, and 112, engaging in patent misuse,
    Case 1:12-cv-01208-RGA Document 14 Filed 01/07/13 Page 6 of 10 PageID #: 231
    and/or failing to satisfy other statutory or judicially created requirements for patentability and
    4. Plaintiff lacks standing to assert the causes alleged in the Complaint.
    5. Plaintiff’s Complaint and each cause of action asserted therein are barred in whole
    or in part for failure to join an indispensable party.
    6. Plaintiff’s claim and Prayer are limited by 35 U.S.C. §§ 286-287.
    7. Plaintiff’s complaint and requested relief are barred by the doctrine of patent
    8. Plaintiff’s complaint and requested relief are barred by the doctrines of unclean
    hands, waiver, and acquiescence.
    9. Plaintiff lacks standing to assert claims of infringement on the asserted patent
    because, on information and belief, it does not possess all substantial rights in the Asserted
    10. Plaintiff’s claims are barred by estoppel, including, without limitation prosecution
    history estoppel, unclean hands, and laches.
    11. To the extent that any remedy is justified, Plaintiff will not and has not suffered
    any irreparable harm or injury; Plaintiff’s claims for injunctive relief are barred in light of the
    availability of an adequate remedy at law, to the extent any remedy is justified and to the extent
    it is not and will not suffer irreparable harm or injury.
    12. Top Image has not engaged in any conduct that entitles Plaintiff to an award of
    damages, costs, expenses, and/or pre-judgment and post-judgment interests.
    13. Top Image has not engaged in any conduct which would entitle Plaintiff to an
    award of enhanced damages.
    Case 1:12-cv-01208-RGA Document 14 Filed 01/07/13 Page 7 of 10 PageID #: 232
    14. Top Image has not engaged in any conduct which would make this an exceptional
    case or that entitles Plaintiff to an award of its reasonable attorneys’ fees.
    15. Top Image reserves the right to offer any other and additional defense that is now
    or may become available or appear during, or as a result of, discovery proceedings in this action.
    Top Image reserves additional affirmative or other defenses in the event that discovery or
    other investigation and/or analysis indicates that additional defenses lie or are appropriate.
    WHEREFORE, Top Image respectfully requests that the Court:
    A. Dismiss each of Plaintiff’s causes of action against Top Image with prejudice and
    that Plaintiff take nothing;
    B. Deem this to be an exceptional case and award Top Image its costs and attorneys’
    fees pursuant to 35 U.S.C. § 285;
    C. Award Top Image any such other and further relief as the Court deems just and

    Sentiment: Strong Buy

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