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Filed Reply to Counterclaims

Filed Reply to Counterclaims

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Published by Chris Velazco

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Published by: Chris Velazco on May 07, 2012
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08/23/2013

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UNITED STATES DISTRICT COURTDISTRICT OF MINNESOTA
HONEYWELL INTERNATIONAL, INC.,Plaintiff,vs.NEST LABS, INC., BEST BUY CO., INC.,BEST BUY STORES, L.P., andBESTBUY.COM, LLCDefendants.Civil No. 0:12-cv-00299-SRN-JSM
HONEYWELL INTERNATIONAL’SREPLY TONEST LABS’COUNTERCLAIMS
Plaintiff Honeywell International, Inc. ("Honeywell"), hereby replies to theCounterclaims filed by Defendant Nest Labs, Inc. ("Nest Labs") as follows:
PARTIES
1.With respect to the allegations set forth in paragraph 132 of Nest Labs’Counterclaims, Honeywell admits that Nest Labs, Inc. is a Delaware corporation, with itsprincipal place of business in Palo Alto, California.2.With respect to the allegations set forth in paragraph 133 of Nest Labs’Counterclaims, Honeywell admits that it is a Delaware corporation, with its principalplace of business in Morristown, New Jersey. Honeywell further states that the divisionof Honeywell that oversees the development and implementation of thermostats forhomes and businesses in the United States is located in Golden Valley, Minnesota.
JURISDICTION AND VENUE
3.Honeywell admits the allegations of paragraph 134 of the Counterclaims.4.Honeywell admits the allegations of paragraph 135 of the Counterclaims.
CASE 0:12-cv-00299-SRN-JSM Document 21 Filed 05/07/12 Page 1 of 19
 
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5.Honeywell admits the allegations of paragraph 136 of the Counterclaims.
SUMMARY OF COUNTERCLAIM CASE
6.The statements contained in paragraph 137 of the Counterclaims are notaverments of facts to which a response is necessary, but rather, are self-servingcharacterizations based on Nest Labs’unfounded opinions and speculations that areirrelevant to Honeywell’s valid claims of patent infringement and appear intended todivert attention away from the core issues. To the extent that a response is deemednecessary, Honeywell denies.7.Honeywell admits that Nest Labs was founded by Tony Fadell and MattRogers, and that both men were previously employed by Apple. The remainingstatements contained in paragraph 138 of the Counterclaims are not averments of facts towhich a response is necessary, but rather are self-serving characterizations of Nest Labsthat are irrelevant to Honeywell’s valid claims of patent infringement and appearintended to divert attention away from the core issues. To the extent that an answer isdeemed necessary, Honeywell lacks sufficient information or knowledge to form a belief as to the truth or falsity of the allegations in paragraph 138 of the Counterclaims andtherefore denies them.8.The statements contained in paragraph 139 of the Counterclaims are notaverments of facts to which a response is necessary, but rather are self-servingcharacterizations of the Nest Thermostat that are irrelevant to Honeywell’s valid claimsof patent infringement and appear intended to divert attention away from the core issues.To the extent that an answer is deemed necessary, Honeywell lacks sufficient information
CASE 0:12-cv-00299-SRN-JSM Document 21 Filed 05/07/12 Page 2 of 19
 
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or knowledge to form a belief as to the truth or falsity of the allegations in paragraph 139of the Counterclaims and therefore denies them.9.Honeywell admits that the Nest Thermostat has embedded wirelesscommunications capabilities and an LCD display. Honeywell admits that Nest Labsadvertises the Nest Thermostat as having multiple sensors, but Honeywell currently lackssufficient information or knowledge to form a belief as to the truth or falsity of theallegations concerning such sensors, and therefore, denies them. Honeywell furtheradmits that a user can provide certain programming input to the thermostat by rotating aring and making selections between displayed choices. The remaining the statementscontained in paragraph 140 of the Counterclaims are not averments of facts to which aresponse is necessary, but rather are self-serving characterizations of the Nest Thermostatthat are irrelevant to Honeywell’s valid claims of patent infringement and appearintended to divert attention away from the core issues. To the extent that an answer isdeemed necessary, Honeywell lacks sufficient information or knowledge as to the truth orfalsity of the remainder of the allegations of paragraph 140 of the Counterclaims andtherefore denies them.10.Honeywell admits that the Nest Thermostat can display a green leaf.Honeywell further admits that Nest Labs advertises that the Nest Thermostat can displaycertain information related to a user’s history of energy usage, but Honeywell lackssufficient information or knowledge as to the truth or falsity of such statement, andtherefore, denies it. Honeywell further admits that a user can provide a heating orcooling schedule manually. With respect to the remaining the statements contained in
CASE 0:12-cv-00299-SRN-JSM Document 21 Filed 05/07/12 Page 3 of 19

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