IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

Markem Corporation,

Plaintiff

v.

Civil Action No.1 :07-cv-6-SM

Zipher Ltd. and

Videojet Technologies, Inc.,

Defendants.

MARKEM'S REPLY TO DEFENDANTS' COUNTERCLAIMS

NOW COMES Plaintiff Markem Corporation ("Markem"), by its attorneys Fish &

Richardson P.C. and Hinckley, Allen & Snyder LLP, pursuant to Rule 8 of the Federal Rules of

Civil Procedure, responding to Defendants Zipher Ltd.'s ("Zipher") and Videojet Technologies,

Inc.'s ("Videojet") (collectively "Defendants") Answer to Complaint for Declaratory Judgment,

Affrmative Defenses, Counterclaims and Jury Demand.

Markem denies each and every allegation contained in Defendants' Counterclaims that is

not expressly admitted below. Any factual allegation admitted below is admitted only as to the

specific admitted facts, not as to any purported conclusions, characterizations, implications, or

speculations that arguably follow from the admitted facts. Markem denies that Defendants are

entitled to the relief requested or any other.

REPLY TO DEFENDANTS' COUNTERCLAIMS

1. Markem admits upon information and belief that Zipher is a corporation existing

under the laws of England, with a principal place of business located at 7 Faraday Building,

Nottingham Science & Technology Park, University Boulevard, Nottingham NG7 2QP, United

Kingdom.

2. Markem admits upon information and belief that Videojet is a Delaware

corporation having a principal place of business located at 500 Mittel Blvd., Wood Dale, Ilinois

60 1 91.
3. Admitted.

4. Admitted.

5. Admitted.

6. Markem admits that Defendants' Counterclaims purport to state a claim for patent

infringement, but denies that any bases exist for any such claims against Markem. Markem

admits that this Court has subject matter jurisdiction over the action.

7. Markem admits that this judicial district is one in which venue is proper with

respect to Markem. Markem denies the remaining allegations of paragraph 7.

8. Admitted.

9. Markem admits that United States Patent No. 7,150,572 (the '''572 patent") is

entitled "Tape Drive and Printing Apparatus," and was issued by the United States Patent and

Trademark Offce on December 19,2006. Markem denies that the '572 patent was duly and

legally issued by the United States Patent and Trademark Offce.

10. Markem is without information or knowledge suffcient to form a belief as to the

truth or falsity of the allegations of paragraph 10, and therefore denies these allegations.

11. Markem is without information or knowledge suffcient to form a belief as to the

truth or falsity of the allegations of paragraph 11, and therefore denies these allegations.

12. Markem is without information or knowledge suffcient to form a belief as to the

truth or falsity of the allegations of paragraph 12, and therefore denies these allegations.

REPLY TO DEFENDANTS' COUNTERCLAIM

13. Markem incorporates by reference the preceding paragraphs 1-12 as if fully set

forth herein.

14. Denied.

15. Denied.

16. Denied.

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REPLY TO DEFENDANTS' PRAYER FOR RELIEF

17. Markem denies the Defendants are entitled to any relief whatsoever in this action,

either as prayed for in its Answer to Complaint for Declaratory Judgment, Affrmative Defenses,

Counterclaims and Jury Demand, or otherwise.

Dated: April 30, 2007 Respectfully submitted,

By: Isl Daniel M. Deschenes

Daniel M. Deschenes, (Bar No. 14889)

Christopher H.M. Carter (Bar No. 12452)

Hinckley, Allen & Snyder LLP

43 North Main Street

Concord, NH 03301

Telephone: 603-225-4334

Facsimile: 603-545-6111

Kurt L. Glitzenstein

Peter J. Kirk (Bar No. 14909)

Michael S. Forman

Fish & Richardson P.C.

225 Franklin Street

Boston, MA 02109

Telephone: 617-542-5070

Facsimile: 617-542-8906

Attorneys for Plaintiff

MARKEM CORPORATION

CERTIFICATE OF SERVICE

I certify that on this date a true and accurate copy of the foregoing was served on Larry S.

Nixon and Daniel J. Bourque, attorneys for Defendants Zipher and Videojet, via CM/ECF.

Isl Daniel M. Deschenes

Daniel M. Deschenes

#639633

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