KWANGSUN EDMONSTON,

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Plaintiff,
v.
APT GROUP, INC., et al.,
Defendants/Counterclaim Plaintiffs.

Case No. 1516-CV23950

Div. 15

ANSWER TO PETITION FOR DAMAGES AND

FOR DECLARATORY AND ANCILLARY RELIEF
Defendant Mazuma Credit Union ("Mazuma") by and through its undersigned counsel,
for its Answer to Plaintiff's Petition for Damages and for Declaratory and Ancillary Relief, state
and aver as follows:
1. Mazuma admits that APT Group, Inc. is listed as being a Missouri corporation.
Mazuma is without sufficient information to admit or deny the remaining allegations in
paragraph 1 of the Petition and therefore denies the allegations.
2. Mazuma admits that APT IP Holdings, LLC is listed as a foreign limited liability
company authorized to do business in the State of Missouri. Mazuma is without sufficient
information to admit or deny the remaining allegations in paragraph 2 of the Petition and
therefore denies the allegations.
3. Mazuma admits that American Performance Technologies, LLC is listed as a foreign
limited liability company authorized to do business in the State of Missouri. Mazuma is without
sufficient information to admit or deny the remaining allegations in paragraph 3 of the Petition
and therefore denies the allegations.
4. Mazuma admits that APT Powersport and Utility Products, LLC is listed as being a

Electronically Filed - Jackson - Kansas City - December 16, 2015 - 01:32 PM

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI

AT KANSAS CITY

the remaining allegations in paragraph 4 of the Petition and therefore denies the allegations.
5. Mazuma admits that the definition names the corporate entity defendants other than
Mazuma.
6. Mazuma is without sufficient information to admit or deny the allegations in paragraph
6 of the Petition and therefore denies the allegations.
7. Mazuma is without sufficient information to admit or deny the allegations in paragraph
7 of the Petition and therefore denies the allegations.
8. Mazuma is without sufficient information to admit or deny the allegations in paragraph
8 of the Petition and therefore denies the allegations.
9. Mazuma is without sufficient information to admit or deny the allegations in paragraph
9 of the Petition and therefore denies the allegations.
10. Mazuma admits the allegations contained in paragraph 10 of the Petition.
11. Mazuma denies it committed any tort. Mazuma is without sufficient information to
admit or deny the remaining allegations in paragraph 11 of the Petition and therefore denies the
allegations.
12. Mazuma repeats and incorporates the answers to the previous paragraphs as if set
forth and repeated here.
13. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 13 of the Petition and therefore denies the allegations.
14. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 14 of the Petition and therefore denies the allegations.
15. Mazuma is without sufficient information to admit or deny the allegations in

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Missouri limited liability company. Mazuma is without sufficient information to admit or deny

16. Mazuma is without sufficient information to admit or deny the allegations in

paragraph 16 of the Petition and therefore denies the allegations.
17. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 17 of the Petition and therefore denies the allegations.
18. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 18 of the Petition and therefore denies the allegations.
19. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 19 of the Petition and therefore denies the allegations.
20. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 20 of the Petition and therefore denies the allegations.
21. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 21 of the Petition and therefore denies the allegations.
22. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 22 of the Petition and therefore denies the allegations.
23. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 23 of the Petition and therefore denies the allegations.
24. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 24 of the Petition and therefore denies the allegations.
25. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 25 of the Petition and therefore denies the allegations.
26. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 26 of the Petition and therefore denies the allegations.

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paragraph 15 of the Petition and therefore denies the allegations.

forth and repeated here.

28. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 28 of the Petition and therefore denies the allegations.
29. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 29 of the Petition and therefore denies the allegations.
30. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 30 of the Petition and therefore denies the allegations.
31. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 31 of the Petition and therefore denies the allegations.
32. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 32 of the Petition and therefore denies the allegations.
33. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 33 of the Petition and therefore denies the allegations.
34. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 34 of the Petition and therefore denies the allegations.
35. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 35 of the Petition and therefore denies the allegations.
36. Mazuma repeats and incorporates the answers to the previous paragraphs as if set
forth and repeated here.
37. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 37 of the Petition and therefore denies the allegations.
38. Mazuma is without sufficient information to admit or deny the allegations in

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27. Mazuma repeats and incorporates the answers to the previous paragraphs as if set

39. Mazuma is without sufficient information to admit or deny the allegations in

paragraph 39 of the Petition and therefore denies the allegations.
40. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 40 of the Petition and therefore denies the allegations.
41. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 41 of the Petition and therefore denies the allegations.
42. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 42 of the Petition and therefore denies the allegations.
43. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 43 of the Petition and therefore denies the allegations.
44. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 44 of the Petition and therefore denies the allegations.
45. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 45 of the Petition and therefore denies the allegations.
46. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 46 of the Petition and therefore denies the allegations.
47. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 47 of the Petition and therefore denies the allegations.
48. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 48 of the Petition and therefore denies the allegations.
49. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 49 of the Petition and therefore denies the allegations.

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paragraph 38 of the Petition and therefore denies the allegations.

paragraph 50 of the Petition and therefore denies the allegations.

51. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 51 of the Petition and therefore denies the allegations.
52. Mazuma repeats and incorporates the answers to the previous paragraphs as if set
forth and repeated here.
53. Mazuma admits that APT IP Holdings, LLC granted a security interest to Mazuma in
the Patent. Mazuma is without sufficient information to admit or deny the remaining allegations
in paragraph 53 of the Petition and therefore denies the allegations.
54. Mazuma denies that the grant of a security interest to Mazuma by APT IP Holdings,
LLC was fraudulent on the part of Mazuma as Mazuma had no knowledge of any prior interest
in or encumbrance on the Patent. Mazuma is without sufficient information to admit or deny the
remaining allegations in paragraph 54 of the Petition and therefore denies the allegations.
55. Mazuma denies the allegations in paragraph 55 of the Petition.
56. Mazuma denies the allegation in paragraph 56 of the Petition.
57. Mazuma repeats and incorporates the answers to the previous paragraphs as if set
forth and repeated here.
58. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 58 of the Petition and therefore denies the allegations.
59. Mazuma denies the allegations in paragraph 59 of the Petition.
60. Mazuma admits that it contends that its security interest in the patent is valid.
Mazuma is without sufficient information to admit or deny the remaining allegations in
paragraph 60 of the Petition and therefore denies the allegations.

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50. Mazuma is without sufficient information to admit or deny the allegations in

62. Mazuma is without sufficient information to admit or deny the allegations in

paragraph 62 of the Petition and therefore denies the allegations.
63. Mazuma denies the allegations in paragraph 63 of the Petition.
64. Mazuma repeats and incorporates the answers to the previous paragraphs as if set
forth and repeated here.
65. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 65 of the Petition and therefore denies the allegations.
66. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 66 of the Petition and therefore denies the allegations.
67. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 67 of the Petition and therefore denies the allegations.
68. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 68 of the Petition and therefore denies the allegations.
69. Mazuma admits that Plaintiffs Count 6 is requesting judicial relief.
70. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 70 of the Petition and therefore denies the allegations.
71. Mazuma is without sufficient information to admit or deny the allegations in
paragraph 71 of the Petition and therefore denies the allegations.
ANSWER TO ALL ALLEGATIONS
Mazuma denies each and every allegation in the Petition except as specifically admitted.
AFFIRMATIVE DEFENSES
1. Plaintiff fails to state a claim upon which relief may be granted.

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61. Mazuma admits that Count 5 of Plaintiffs Petition is seeking declaratory relief.

alleged security interest in the Patent under either Article 9 of the Uniform Commercial Code or
the Patent Act, including but not limited to, 35 U.S.C. 261.
3. Mazuma recorded and perfected its security interest in the Patent by timely filings
under Article 9 of the Uniform Commercial Code and the Patent Act, including but not limited
to, 35 U.S.C. 261.
4. Mazuma's recorded and perfected security interest in the Patent has priority over any
unrecorded rights in the Patent allegedly held by Plaintiff.
5. APT IP Holdings, LLC represented and warranted to Mazuma that the Patent was
without lien or other encumbrance upon assignment to Mazuma and contractually agreed to
indemnify Mazuma for any breach of such warranty.
6. Mazuma was legally entitled to rely upon the express warranties given to it by APT IP
Holdings, LLC, without any further inquiry.
7. Mazuma had no knowledge of Plaintiff's alleged security interest at the time it received
a security interest in the Patent.
8. Plaintiff's claims are barred by estoppel, illegality and unclean hands as Plaintiff is
aware that her security interest is unperfected and subordinate to Mazuma's security interest.
9. Plaintiff is barred from obtaining the relief she seeks because any recovery in favor of
Plaintiff would result in Plaintiffs unjust enrichment, as it would deprive Mazuma from its
rightful security interest in the Patent.
10. Plaintiffs requested relief would operate as a conversion on Mazuma in that Plaintiff
has no superior right to the security interest in the Patent.
11. Plaintiffs requested relief would deny Mazuma the full right and enjoyment of the

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2. Plaintiff's claims are barred because Plaintiff never recorded or perfected Plaintiff's

WHEREFORE, Defendant prays that Plaintiffs Petition be dismissed with prejudice, that
Plaintiff receive no relief, that the cost and expenses of this action be assessed against Plaintiff,
that the Court award Defendants their costs and attorneys fees and such other relief as the Court
may deem just and proper.
Respectfully submitted,
/s/ Bruce Campbell
Bruce Campbell
MO #29970
Bruce Campbell Law Firm
1220 Washington, Suite 202
Kansas City, MO 64105
(816) 285-7800
(816) 285-7799 (fax)
bcampbell@campbell-lawfirm.com
Attorney for Mazuma Credit Union
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on December 16, 2015, a true and correct copy of
the aforementioned pleading was filed electronically with the Clerk of the Court using the
Missouri e-Filing System, which will then send notice of the electronic filing to the following:
Lee R. Hardee III
110 South Cherry Street, Suite 103
Olathe, Kansas 66061
Phone: (913) 549-4790
Fax: (913) 549-4791
Cell: (816) 522-5063
lhardee@thehardeelawfirmllc.com
Attorney for Plaintiff

Peter J. Chung
Benton Lloyd and Chung LLP
208 W. 19th Street
Kansas City, Missouri 64108
Phone: (816) 588-6825
Fax: (866) 216-3649
peter@blcfirm.com
Attorney for Defendants APT Group, Inc., APT
IP Holdings, LLC, American Performance
Technologies, LLC, APT Powersport and Utility
Products, LLC, Troy Covey, and William Maher

/s/ Bruce Campbell

Attorney for Mazuma Credit Union

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security interest held by Mazuma.