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AccelerEyes Answer and Counterclaims Against MathWorks

AccelerEyes Answer and Counterclaims Against MathWorks

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Published by shannonturley
Official AccelerEyes LLC Answer and Counterclaims against The MathWorks, Inc. Filed in U.S. District Court.
Official AccelerEyes LLC Answer and Counterclaims against The MathWorks, Inc. Filed in U.S. District Court.

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Categories:Business/Law
Published by: shannonturley on Mar 14, 2013
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03/14/2013

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EAST\46800642.1
 1IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASTYLER DIVISIONTHE MATHWORKS, INC.,Plaintiff,v.ACCELEREYES LLC, AMAX INFORMATIONTECHNOLOGIES, INC., AMAX ENGINEERINGCORPORATION, FEDERAL EDGE, INC., ANDPADOVA TECHNOLOGIES, INC.Defendants.)))))))))))))Civil Case No. 6:11-cv-00354-MHS
DEFENDANT ACCELEREYES’ FIRST AMENDED ANSWER TO MATHWORKS’COMPLAINT, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS
Defendant and Counterclaimant AccelerEyes LLC (“AccelerEyes”), by its attorneys,DLA Piper, LLP (US) hereby submits an Answer and Counterclaims to Plaintiff and Counterdefendant The Mathworks, Inc.’s (“Mathworks”) Complaint for Copyright Infringement (the“Complaint”) as follows:
T
HE
P
ARTIES
 
1.
 
Plaintiff MathWorks is a Delaware corporation with its principal place of businessat 3 Apple Hill Drive, Natick, Massachusetts 01760-2098.
ANSWER:
AccelerEyes lacks knowledge or information sufficient to admit or deny theallegations in Paragraph 1 of the Complaint and, therefore, denies those allegations.2.
 
On information and belief, Defendant AccelerEyes is a corporation organizedunder the laws of the State of Georgia. On information and belief, AccelerEyes’ principal place
Case 6:11-cv-00354-MHS Document 26 Filed 09/22/11 Page 1 of 27 PageID #: 110
 
 
EAST\46800642.1
 2of business is located at 75 5th Street N.W., Suite 204, Atlanta, Georgia 30308. On informationand belief, AccelerEyes develops and manufactures software products, including Jacket,libJacket, Jacket Mobile NDK, various add-on libraries, and various add-on products. Theseadd-on libraries include Jacket Sparse Linear Algebra (“SLA”), Jacket Double Precision LinearAlgebra (“DLA”), Image Processing library, Signal Processing library, Statistics library, andGraphics library (collectively, “Add-On Libraries”). These add-on products include JacketMGL, Jacket HPC, Jacket JMC, and Jacket SDK (collectively, “Add-On Products”). Oninformation and belief, AccelerEyes offers for sale, sells, copies, distributes and otherwisemarkets, in this district and elsewhere in the United States, software products, including Jacket,libJacket, Jacket Mobile NDK, the Add-On Products, and the Add-On Libraries.
ANSWER:
AccelerEyes admits that it develops and manufactures products referred toas Jacket, Jacket Sparse Linear Algebra (“SLA”), Jacket Double Precision LinearAlgebra (“DLA”), Jacket MGL, Jacket HPC, Jacket JMC, and Jacket SDK. AccelerEyesadmits that it has sold products in this Judicial District and elsewhere in the UnitedStates. AccelerEyes denies the remaining allegations contained in Paragraph 2 of theComplaint.3.
 
On information and belief, Defendant AMAX Engineering is a corporationorganized under the laws of the State of California. On information and belief, AMAXEngineering’s principal place of business is located at 1565 Reliance Way, Fremont, California94539. On information and belief, AMAX Engineering also has offices at 850 North Dorothy,Suite 516, Richardson, Texas 75081.
Case 6:11-cv-00354-MHS Document 26 Filed 09/22/11 Page 2 of 27 PageID #: 111
 
 
EAST\46800642.1
 3
ANSWER:
AccelerEyes lacks knowledge or information sufficient to admit or deny theallegations in Paragraph 3 of the Complaint and, therefore, denies those allegations.4.
 
On information and belief, Defendant AMAX Information Technologies, Inc.(“AMAX Information”) is a corporation organized under the laws of the State of California. Oninformation and belief, AMAX Information’s principal place of business is located at 1565Reliance Way, Fremont, California 94539.
ANSWER
: AccelerEyes lacks knowledge or information sufficient to admit or deny theallegations in Paragraph 4 of the Complaint and, therefore, denies those allegations5.
 
On information and belief, AMAX Engineering and AMAX Information (jointly“AMAX”) offer for sale, sell, copy, distribute and otherwise market, in this district andelsewhere in the United States, software products developed and manufactured by AccelerEyes,including Jacket, libJacket, various add-on products such as Jacket SDK, and various add-onlibraries such as Jacket DLA.
ANSWER:
AccelerEyes lacks knowledge or information sufficient to admit or deny theallegations in Paragraph 5 of the Complaint and, therefore, denies those allegations.6.
 
On information and belief, Defendant FedEdge is a corporation organized underthe laws of the State of California. On information and belief, FedEdge’s principal place of business is located at 14427 Meridian Parkway, Riverside, California 92518.
Case 6:11-cv-00354-MHS Document 26 Filed 09/22/11 Page 3 of 27 PageID #: 112

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