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Etilize responded by asserting that it does not infringe the patents, and alleges that the patents are invalid.  Etilize further counterclaimed against CNET Networks  and its subsidiary,  CNET Channel,  for  Federal Antitrust violations due to their anticompetitive and exclusionary conduct (Sections 1 and 2 of the Sherman Antitrust Act), violation of the California State Antitrust Cartwright Act (Business & Professions Code Section 16700), Intentional and Negligent Interference with Prospective Economic Advantage, and Unfair Competition (Business & Professions Code Section 17200).

Etilize is confident it will succeed on the merits of its claims and anticipates a favorable outcome to this litigation.  Etilize offers superior products and services, and CNET's lawsuit is an attempt to accomplish in the courtroom what it cannot accomplish in the marketplace.   Etilize is confident that its products and services do not infringe the asserted patents and that the patents and asserted claims are invalid.  Accordingly, Etilize will take all steps to vigorously defend this lawsuit and anticipates a declaratory judgment of non-infringement and invalidity of the asserted patent claims, as well as a finding that CNET is in violation of Federal and State law.