ANSWER AND COUNTERCLAIMS OF DEFENDANT NIKON INC.
LA 561902_1.DOC
HUGHES HUBBARD & REED LLP
CHARLES AVRITH, State Bar No. 96804
350 South Grand Avenue
36th Floor
Los Angeles, California 90071-3442
Telephone: (213) 613-2800
Facsimile: (213) 613-2950
Attorneys for Defendant Nikon, Inc.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
EBAY INC., a Delaware Corporation,
Plaintiff,
vs.
NIKON INC., a New York corporation,
Defendant.
Case No. C 05-00491 RS
ANSWER AND COUNTERCLAIMS OF
DEFENDANT NIKON INC.
NIKON INC., a New York Corporation,
Cross-complainant
vs.
EBAY INC., a Delaware Corporation,
Cross-defendant
Defendant Nikon Inc. (“Nikon”) hereby answers the Complaint of eBay Inc.
(“eBay”) as follows:
RESPONSE TO “COMMON ALLEGATIONS”
1.
Denies knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations contained in paragraph 1 of the Complaint and therefore denies same.
2.
With respect to the allegations contained in the first sentence of paragraph 2 of the
Case 5:05-cv-00491-RS Document 5 Filed 02/09/2005 Page 1 of 8
eBay Inc., v. Nikon Inc.,
Doc. 5
Dockets.Justia.com
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ANSWER AND COUNTERCLAIMS OF DEFENDANT NIKON INC
LA 561902_1.DOC
Complaint, Nikon admits that it is a New York corporation with its principal place of business in
the state of New York and that it is authorized to do business in the State of California. The
allegations contained in the second sentence of paragraph 2 of the Complaint are legal
conclusions as to which no responsive pleading is required. Should a response be deemed
required, Nikon denies each and every allegation contained in the second sentence of paragraph
2 and respectfully refers the Court to the referenced contract for its actual language and full
context.
3.
With respect to the allegations contained in paragraph 3 of the Complaint, Nikon
denies each and every allegation contained in paragraph 3 of the Complaint except ad