118839.00601/11929991v.1

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

_______________________________________ 

 : 

GREENKEEPERS, INC., ET AL. : 

 : 

 Plaintiffs, : 

 : 

 v. : Civil Action No. 04-CV-3747-MMB 

 : 

NIKE, INC., ET AL. : 

 : 

 Defendants. : 

 : 

GREENKEEPERS, INC. AND GREENKEEPERS OF DELAWARE, LLC’S 

ANSWER TO NIKE INC. AND MACNEILL ENGINEERING CO.’S 

AMENDED COUNTERCLAIMS

Plaintiffs, Greenkeepers, Inc. and Greenkeepers of Delaware, LLC (“Greenkeepers”), 

submits the following Answer to Defendants, Nike, Inc. and MacNeill Engineering Co.’s 

(collectively “Defendants”) Amended Counterclaims. 

ANSWER TO COUNTERCLAIM

82. Admitted. 

83. Admitted. 

84. It is admitted that Greenkeepers, Inc. is a Pennsylvania corporation. Greenkeepers, 

Inc.’s principal place of business, however, is located at 2170 Bennett Road, Philadelphia, PA 19116. 

85. Admitted. 

86. It is admitted that Defendants’ Counterclaims purportedly are actions for declaratory 

judgment pursuant to 28 U.S.C. Sections 2201 and 2202, and that the Court has jurisdiction over the 

Counterclaims pursuant to 28 U.S.C. Section 1338(a). 

87. It is admitted that Nike has been accused of selling golf shoes in the United States 

that contain golf cleats that plaintiffs have accused of infringement. Nike, however, also has been 

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accused of selling golf shoes in the United States that plaintiffs have accused of infringement. 

Additionally, it is admitted that MacNeill sells golf cleats in the United States that plaintiffs have 

accused of infringement. 

COUNT I

88. Greenkeepers’ Amended Complaint and Paragraphs 82-87 of Greenkeepers’ Answer 

to Defendants’ Counterclaims are incorporated by reference as if fully set forth herein.

89. Admitted. 

90. Admitted. 

91. Admitted. 

92. Denied. Greenkeepers specifically denies that Defendants are entitled to a 

declaratory judgment that the ‘047 patent is invalid under 35 U.S.C. Section 101, et seq. 

Greenkeepers further denies that the ’047 patent fails to meet the patentability standards under 35 

U.S.C. Section 112, and/or because it is anticipated by, or obvious in view of, the prior art under 35 

U.S.C. Sections 102 and 103, and/or under the doctrine of recapture. 

COUNT II

93. Greenkeepers’ Amended Complaint and Paragraphs 82-92 of Greenkeepers’ Answer 

to Defendants’ Counterclaims are incorporated by reference as if fully set forth herein. 

94. Denied. Greenkeepers specifically denies that Defendants are entitled to a 

declaratory judgment that Nike and MacNeill have not infringed and are not infringing the ‘047 

patent. 

COUNT III

95. Greenkeepers’ Amended Complaint and Paragraphs 82-94 of Greenkeepers’ Answer 

to Defendants’ Counterclaims are incorporated by reference as if fully set forth herein. 

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96. Denied. Greenkeepers specifically denies that Defendants are entitled to a 

declaratory judgment that the ‘047 patent is unenforceable due to Plaintiffs’ and their agents’ alleged 

inequitable conduct. 

97. Denied. 

98. Admitted. 

99. Admitted. 

100. Admitted. 

101. Admitted. 

102. Denied. 

103. Admitted. 

104. Admitted. 

105. Admitted. 

106. Admitted. 

107. Denied. 

108. Denied. 

109. Denied. 

110. Denied. 

111. Admitted. 

112. Admitted. 

113. Admitted. 

114. Admitted. 

115. Admitted. 

116. Admitted. 

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117. Denied. 

118. Admitted. 

119. Admitted in part, denied in part. Greenkeepers responds that the GK Cleat was 

disclosed to the PTO during the prosecution of the ‘162 patent. Greenkeepers denies that the GK 

Cleat is prior art to the ‘162 patent. 

120. Denied. 

121. Admitted. 

122. Admitted. 

123. Admitted. 

124. Admitted. 

125. Admitted. 

126. Denied. 

127. Denied. 

128. Denied. 

129. Admitted. 

130. Denied. 

131. Denied. 

132. Denied. 

133. Denied. 

134. Denied. 

135. Admitted. 

136. Admitted. 

137. Admitted. 

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138. Admitted. 

139. Admitted. 

140. Admitted. 

141. Admitted. 

142. Admitted. 

143. Denied. 

144. Admitted in part, denied in part. Greenkeepers admits that it won its appeal and the 

PTO Examiner allowed the claims. Greenkeepers specifically denies that Zegeer made any false 

and/or misleading arguments. 

145. Admitted. 

146. Denied. 

147. Denied. 

148. Admitted. 

149. Admitted. 

150. Admitted. 

151. Denied. 

152. Admitted. 

153. Denied. 

154. Denied. 

155. Denied. 

156. Denied. 

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157. Denied. Greenkeepers specifically denies that Defendants are entitled to a 

declaratory judgment that the ‘047 patent is unenforceable due to Plaintiffs’ and their agents’ alleged 

inequitable conduct. 

To the extent a response is necessary to Defendants’ prayer for relief, Greenkeepers denies 

that Defendants are entitled to the relief and judgment requested in the Prayer, or for any other 

relief whatsoever. 

Wherefore, Greenkeepers requests that this honorable Court deny Defendants’ 

Counterclaims in their entirety and grant such other relief as this Court deems just and appropriate. 

Respectfully submitted, 

BLANK ROME LLP

By: /s/ Joel L. Dion 

 VICTOR M. WIGMAN 

 GRANT S. PALMER 

 JASON A. SNYDERMAN 

 LEWIS W. SCHLOSSBERG 

 JOEL L. DION 

 One Logan Square 

 Philadelphia, PA 19103-6299 

 (215) 569-5500 

August 28, 2009 Attorneys for Plaintiffs 

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CERTIFICATE OF SERVICE

The undersigned does hereby certify that a true and correct copy of the foregoing Answer to 

Defendants, Nike, Inc. and MacNeill Engineering Co.’s Counterclaims were served by email on 

August 28, 2009, upon the following counsel of record: 

Kerry L. Timbers 

Peter J. Karol 

BROMBERG & SUNSTEIN 

125 Summer Street 

Boston, MA 02110-1618 

Abraham C. Reich 

Theodore H. Jobes 

Beth L. Weisser 

FOX ROTHSCHILD, LLP 

2000 Market Street 

10th Floor 

Philadelphia, PA 19103 

 /s/ Joel L. Dion 

 Joel L. Dion 

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