Case 5:18-md-02834-BLF Document 350-12 Filed 01/24/19 Page 1 of 25
`Case 5:18—md-02834-BLF Document 350-12 Filed 01/24/19 Page 1 of 25
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`EXHIBIT 26
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`EXHIBIT 26
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`2
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Civil Action No. 6:11-cv-658-LED
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`JURY TRIAL REQUESTED
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`PersonalWeb Technologies LLC,
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`Plaintiff,
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`v.
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`Amazon.com, Inc.;
`Amazon Web Services LLC; and,
`Dropbox, Inc.,
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`Defendants.
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`ANSWER AND COUNTERCLAIMS OF
`AMAZON.COM INC. AND AMAZON WEB SERVICES LLC
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`Defendants Amazon.com, Inc. (“Amazon.com”) and Amazon Web Services LLC (“AWS”)
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`(collectively “Amazon”), by and through their undersigned counsel, hereby answers the Complaint
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`for Patent Infringement of Plaintiff PersonalWeb Technologies LLC’s (“PersonalWeb” or
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`“Plaintiff”) as follows:
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`THE PARTIES
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`1.
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`Amazon lacks sufficient knowledge or information to form a belief as to the truth
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`or falsity of the allegations in paragraph 1 of the Complaint and on that basis denies them.
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`2.
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`Amazon lacks sufficient knowledge or information to form a belief as to the truth
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`or falsity of the allegations in paragraph 2 of the Complaint and on that basis denies them.
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`3.
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`Amazon.com admits that it is a Delaware corporation with its principal place of
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`business at 410 Terry Avenue North, Seattle, Washington 98109. Amazon admits that it was
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`served with the Complaint through Corporation Service Company, 300 Deschutes Way SW,
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 1
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`Suite 304, Tumwater, WA 98501-7719.
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`4.
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`AWS admits that it is a Delaware corporation. AWS denies that its principal
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`place of business is at 1200 12th Ave. South Seattle, WA, 98144. AWS admits that it was served
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`with the Complaint through Corporation Service Company, 300 Deschutes Way SW, Suite 304,
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`Tumwater, WA 98501-7719.
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`5.
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`Paragraph 5 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 5 of the Complaint and on that basis denies them.
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`6.
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`Amazon admits that AWS operates an Internet-based service. Paragraph 6 of the
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`Complaint appears to contain allegations related to another named defendant. To the extent that
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`such allegations relate to or demand an answer by Amazon, Amazon lacks sufficient knowledge
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`or information to form a belief as to the truth or falsity of these allegations and on that basis
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`denies them. Amazon denies the remaining allegations in paragraph 6.
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`JURISDICTION AND VENUE
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`7.
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`Amazon admits that the Complaint purports to state a cause of action for alleged
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`patent infringement under the patent laws of the United States, Title 35 of the United States
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`Code, and admits that this Court has subject matter jurisdiction over such actions based on 28
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`U.S.C. §§ 1331 and 1338(a). Amazon denies any allegation of infringement of the patents
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`identified in the Complaint.
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`8.
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`Amazon denies that this district is the proper venue for Plaintiff’s claims against
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`Amazon.com or AWS. Amazon lacks sufficient knowledge or information to form a belief as to
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`the truth or falsity of the remaining allegations in paragraph 8 of the Complaint and on that basis
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`denies them.
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 2
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`9.
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`Amazon consents to personal jurisdiction for this matter only. Amazon admits
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`that it has users within the State of Texas. Paragraph 9 of the Complaint appears to contain
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`allegations related to another named defendant. To the extent that such allegations relate to or
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`demand an answer by Amazon, Amazon lacks sufficient knowledge or information to form a
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`belief as to the truth or falsity of these allegations and on that basis denies them. Amazon denies
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`the remaining allegations in paragraph 9.
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`10.
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`Amazon denies that Amazon and Dropbox are properly joined in this action.
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`Amazon denies the remaining allegations in paragraph 10.
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`PERSONALWEB BACKGROUND
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`11.
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`Amazon lacks sufficient knowledge or information to form a belief as to the truth
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`or falsity of the allegations in paragraph 11 of the Complaint and on that basis denies them.
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`12.
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`Amazon lacks sufficient knowledge or information to form a belief as to the truth
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`or falsity of the allegations in paragraph 12 of the Complaint and on that basis denies them.
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`13.
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`Amazon lacks sufficient knowledge or information to form a belief as to the truth
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`or falsity of the allegations in paragraph 13 of the Complaint and on that basis denies them.
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`14.
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`Amazon lacks sufficient knowledge or information to form a belief as to the truth
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`or falsity of the allegations in paragraph 14 of the Complaint and on that basis denies them.
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`ALLEGED INFRINGEMENT OF THE U.S. PATENT NO. 5,978,791
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`15.
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`In answer to paragraph 15 of the Complaint, Amazon admits Exhibit A to the
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`Complaint on its face appears to be U.S. Patent No. 5,978,791 (“the ’791 Patent”), bears a title of
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`“Data Processing System Using Substantially Unique Identifiers to Identify Data Items, Whereby
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`Identical Data Items Have the Same Identifiers,” and a date of November 2, 1999. Except as
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`expressly admitted, Amazon denies the remaining allegations of paragraph 15.
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 3
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`16.
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`17.
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`Amazon denies the allegations in paragraph 16 of the Complaint.
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`Paragraph 17 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 17 of the Complaint and on that basis denies them.
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`18.
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`To the extent that the allegations in paragraph 18 of the Complaint relate to
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`Amazon, any alleged infringement by Amazon, any alleged damage caused by such
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`infringement, or any entitlement to recovery alleged for damages alleged to have been sustained
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`as a result of any acts of Amazon, Amazon denies the allegations in paragraph 18 of the
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`Complaint. The remaining allegations of paragraph 18 of the Complaint appear to contain
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`allegations solely related to other named defendants. To the extent that such allegations relate to
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`or demand an answer by Amazon, Amazon lacks sufficient knowledge or information to form a
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`belief as to the truth or falsity of the remaining allegations in paragraph 18 of the Complaint and
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`on that basis denies them. Amazon denies the remaining allegations in paragraph 18 of the
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`Complaint.
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`ALLEGED INFRINGEMENT OF THE U.S. PATENT NO. 6,415,280
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`19.
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`In answer to paragraph 19 of the Complaint, Amazon admits Exhibit B to the
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`Complaint on its face appears to be U.S. Patent No. 6,415,280 (“the ’280 Patent”), bears a title of
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`“Identifying and Requesting Data in Network Using Identifiers Which Are Based On Contents of
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`Data,” and a date of July 2, 2002. Except as expressly admitted, Amazon denies the remaining
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`allegations of this paragraph.
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`20.
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`21.
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`Amazon denies the allegations in paragraph 20 of the Complaint.
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`Paragraph 21 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 4
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 21 of the Complaint and on that basis denies them.
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`22.
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`To the extent that the allegations in paragraph 22 of the Complaint relate to
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`Amazon, any alleged infringement by Amazon, any alleged damage caused by such
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`infringement, or any entitlement to recovery alleged for damages alleged to have been sustained
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`as a result of any acts of Amazon, Amazon denies the allegations in paragraph 22 of the
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`Complaint. The remaining allegations of paragraph 22 of the Complaint appear to contain
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`allegations solely related to other named defendants. To the extent that such allegations relate to
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`or demand an answer by Amazon, Amazon lacks sufficient knowledge or information to form a
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`belief as to the truth or falsity of the remaining allegations in paragraph 22 of the Complaint and
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`on that basis denies them. Amazon denies the remaining allegations in paragraph 22 of the
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`Complaint.
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`ALLEGED INFRINGEMENT OF THE U.S. PATENT NO. 6,928,442
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`23.
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`In answer to paragraph 23 of the Complaint, Amazon admits Exhibit C to the
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`Complaint on its face appears to be U.S. Patent No. 6,928,442 (“the ’442 Patent”), bears a title of
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`“Enforcement and Policing of Licensed Content Using Content-based Identifiers,” and a date of
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`August 9, 2005. Except as expressly admitted, Amazon denies the remaining allegations of this
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`paragraph.
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`24.
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`25.
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`Amazon denies the allegations in paragraph 24 of the Complaint.
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`Paragraph 25 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 25 of the Complaint and on that basis denies them.
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`26.
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`To the extent that the allegations in paragraph 26 of the Complaint relate to
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 5
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`Amazon, any alleged infringement by Amazon, any alleged damage caused by such
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`infringement, or any entitlement to recovery alleged for damages alleged to have been sustained
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`as a result of any acts of Amazon, Amazon denies the allegations in paragraph 26 of the
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`Complaint. The remaining allegations of paragraph 26 of the Complaint appear to contain
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`allegations solely related to other named defendants. To the extent that such allegations relate to
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`or demand an answer by Amazon, Amazon lacks sufficient knowledge or information to form a
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`belief as to the truth or falsity of the remaining allegations in paragraph 26 of the Complaint and
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`on that basis denies them. Amazon denies the remaining allegations in paragraph 26 of the
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`Complaint.
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`ALLEGED INFRINGEMENT OF THE U.S. PATENT NO. 7,802,310
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`27.
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`In answer to paragraph 27 of the Complaint, Amazon admits Exhibit D to the
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`Complaint on its face appears to be U.S. Patent No. 7,802,310 (“the ’310 Patent”), bears a title of
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`“Controlling Access to Data in a Data Processing System,” and a date of September 21, 2010.
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`Except as expressly admitted, Amazon denies the remaining allegations of this paragraph.
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`28.
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`29.
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`Amazon denies the allegations in paragraph 28 of the Complaint.
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`Paragraph 29 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 29 of the Complaint and on that basis denies them.
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`30.
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`To the extent that the allegations in paragraph 30 of the Complaint relate to
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`Amazon, any alleged infringement by Amazon, any alleged damage caused by such
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`infringement, or any entitlement to recovery alleged for damages alleged to have been sustained
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`as a result of any acts of Amazon, Amazon denies the allegations in paragraph 30 of the
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`Complaint. The remaining allegations of paragraph 30 of the Complaint appear to contain
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 6
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`allegations solely related to other named defendants. To the extent that such allegations relate to
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`or demand an answer by Amazon, Amazon lacks sufficient knowledge or information to form a
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`belief as to the truth or falsity of the remaining allegations in paragraph 30 of the Complaint and
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`on that basis denies them. Amazon denies the remaining allegations in paragraph 30 of the
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`Complaint.
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`ALLEGED INFRINGEMENT OF THE U.S. PATENT NO. 7,945,539
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`31.
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`In answer to paragraph 31 of the Complaint, Amazon admits Exhibit E to the
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`Complaint on its face appears to be U.S. Patent No. 7,945,539 (“the ’539 Patent”), bears a title
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`of “Distributing and Accessing Data in a Data Processing System,” and a date of May 17, 2011.
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`Except as expressly admitted, Amazon denies the remaining allegations of this paragraph.
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`32.
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`33.
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`Amazon denies the allegations in paragraph 32 of the Complaint.
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`Paragraph 33 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 33 of the Complaint and on that basis denies them.
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`34.
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`To the extent that the allegations in paragraph 34 of the Complaint relate to
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`Amazon, any alleged infringement by Amazon, any alleged damage caused by such
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`infringement, or any entitlement to recovery alleged for damages alleged to have been sustained
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`as a result of any acts of Amazon, Amazon denies the allegations in paragraph 34 of the
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`Complaint. The remaining allegations of paragraph 34 of the Complaint appear to contain
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`allegations solely related to other named defendants. To the extent that such allegations relate to
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`or demand an answer by Amazon, Amazon lacks sufficient knowledge or information to form a
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`belief as to the truth or falsity of the remaining allegations in paragraph 34 of the Complaint and
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`on that basis denies them. Amazon denies the remaining allegations in paragraph 34 of the
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 7
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`Complaint.
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`ALLEGED INFRINGEMENT OF THE U.S. PATENT NO. 7,945,544
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`35.
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`In answer to paragraph 35 of the Complaint, Amazon admits Exhibit F to the
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`Complaint on its face appears to be U.S. Patent No. 7,945,544 (“the ’544 Patent”), bears a title of
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`“Similarity-based Access Control of Data in a Data Processing System,” and a date of May 17,
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`2011. Except as expressly admitted, Amazon denies the remaining allegations of this paragraph.
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`36.
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`37.
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`Amazon denies the allegations in paragraph 36 of the Complaint.
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`Paragraph 37 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 37 of the Complaint and on that basis denies them.
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`38.
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`To the extent that the allegations in paragraph 38 of the Complaint relate to
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`Amazon, any alleged infringement by Amazon, any alleged damage caused by such
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`infringement, or any entitlement to recovery alleged for damages alleged to have been sustained
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`as a result of any acts of Amazon, Amazon denies the allegations in paragraph 38 of the
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`Complaint. The remaining allegations of paragraph 38 of the Complaint appear to contain
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`allegations solely related to other named defendants. To the extent that such allegations relate to
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`or demand an answer by Amazon, Amazon lacks sufficient knowledge or information to form a
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`belief as to the truth or falsity of the remaining allegations in paragraph 38 of the Complaint and
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`on that basis denies them. Amazon denies the remaining allegations in paragraph 38 of the
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`Complaint.
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`ALLEGED INFRINGEMENT OF THE U.S. PATENT NO. 7,949,662
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`39.
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`In answer to paragraph 39 of the Complaint, Amazon admits Exhibit G to the
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 8
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`Complaint on its face appears to be U.S. Patent No. 7,949,662 (“the ’662 Patent”), bears a title of
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`“De-duplication of Data in a Data Processing System,” and a date of May 24, 2011. Except as
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`expressly admitted, Amazon denies the remaining allegations of this paragraph.
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`40.
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`41.
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`Amazon denies the allegations in paragraph 40 of the Complaint.
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`Paragraph 41 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 41 of the Complaint and on that basis denies them.
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`42.
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`To the extent that the allegations in paragraph 42 of the Complaint relate to
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`Amazon, any alleged infringement by Amazon, any alleged damage caused by such
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`infringement, or any entitlement to recovery alleged for damages alleged to have been sustained
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`as a result of any acts of Amazon, Amazon denies the allegations in paragraph 42 of the
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`Complaint. The remaining allegations of paragraph 42 of the Complaint appear to contain
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`allegations solely related to other named defendants. To the extent that such allegations relate to
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`or demand an answer by Amazon, Amazon lacks sufficient knowledge or information to form a
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`belief as to the truth or falsity of the remaining allegations in paragraph 42 of the Complaint and
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`on that basis denies them. Amazon denies the remaining allegations in paragraph 42 of the
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`Complaint.
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`ALLEGED INFRINGEMENT OF THE U.S. PATENT NO. 8,001,096
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`43.
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`In answer to paragraph 43 of the Complaint, Amazon admits Exhibit H to the
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`Complaint on its face appears to be U.S. Patent No. 8,001,096 (“the ’096 Patent”), bears a title of
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`“Computer File System using Content-dependent File Identifiers,” and a date of August 16,
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`2011. Except as expressly admitted, Amazon denies the remaining allegations of this paragraph.
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`44.
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`Amazon denies the allegations in paragraph 44 of the Complaint.
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 9
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`45.
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`Paragraph 45 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 45 of the Complaint and on that basis denies them.
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`46.
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`To the extent that the allegations in paragraph 18 of the Complaint relate to
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`Amazon, any alleged infringement by Amazon, any alleged damage caused by such
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`infringement, or any entitlement to recovery alleged for damages alleged to have been sustained
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`as a result of any acts of Amazon, Amazon denies the allegations in paragraph 46 of the
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`Complaint. The remaining allegations of paragraph 46 of the Complaint appear to contain
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`allegations solely related to other named defendants. To the extent that such allegations relate to
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`or demand an answer by Amazon, Amazon lacks sufficient knowledge or information to form a
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`belief as to the truth or falsity of the remaining allegations in paragraph 46 of the Complaint and
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`on that basis denies them. Amazon denies the remaining allegations in paragraph 46 of the
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`Complaint.
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`COUNT ONE - ALLEGED PATENT INFRINGEMENT AGAINST AMAZON
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`47.
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`In response to paragraph 47 of the Complaint, Amazon incorporates by reference
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`its responses to paragraphs 1 through 46 of the Answer above as if fully set forth herein.
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`48.
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`49.
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`50.
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`Amazon denies the allegations in paragraph 48 of the Complaint.
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`Amazon denies the allegations in paragraph 49 of the Complaint.
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`Amazon denies that Plaintiff provided it with actual notice of infringement and
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`denies that it received actual notice of infringement before service of the Complaint.
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`COUNT TWO - ALLEGED PATENT INFRINGEMENT AGAINST DROPBOX
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`51.
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`In response to paragraph 51 of the Complaint, Amazon incorporates by reference
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 10
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`its responses to paragraphs 1 through 46 of the Answer above as if fully set forth herein.
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`52.
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`Paragraph 52 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 52 of the Complaint and on that basis denies them.
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`53.
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`Paragraph 53 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 53 of the Complaint and on that basis denies them.
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`54.
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`Paragraph 54 of the Complaint appears to contain allegations solely related to
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`another named defendant. To the extent that such allegations relate to or demand an answer by
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`Amazon, Amazon lacks sufficient knowledge or information to form a belief as to the truth or
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`falsity of the allegations in paragraph 54 of the Complaint and on that basis denies them.
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`PRAYER FOR RELIEF
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`Amazon denies that PersonalWeb is entitled to the relief it seeks or any relief at all for
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`the allegations made in the Complaint. Amazon denies all allegations in the Complaint that have
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`not been specifically admitted in paragraphs 1 – 54 above.
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`ADDITIONAL DEFENSES
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`Amazon asserts the following Additional Defenses to the Complaint. In so doing,
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`Amazon does not assume any burden of proof on any issue that is Plaintiff’s burden as a matter
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`of law. Amazon also reserves the right to amend or supplement these defenses as additional
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`facts become known.
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 11
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`FIRST DEFENSE – NON-INFRINGEMENT
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`1.
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`Amazon has not infringed, and does not infringe, and is not liable for any
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`infringement of the ’791 Patent directly, jointly, contributorily, by inducement, or in any other
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`manner.
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`2.
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`Amazon has not infringed, and does not infringe, and is not liable for any
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`infringement of the ’280 Patent directly, jointly, contributorily, by inducement, or in any other
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`manner.
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`3.
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`Amazon has not infringed, and does not infringe, and is not liable for any
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`infringement of the ’442 Patent directly, jointly, contributorily, by inducement, or in any other
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`manner.
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`4.
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`Amazon has not infringed, and does not infringe, and is not liable for any
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`infringement of the ’310 Patent directly, jointly, contributorily, by inducement, or in any other
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`manner.
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`5.
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`Amazon has not infringed, and does not infringe, and is not liable for any
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`infringement of the ’539 Patent directly, jointly, contributorily, by inducement, or in any other
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`manner.
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`6.
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`Amazon has not infringed, and does not infringe, and is not liable for any
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`infringement of the ’544 Patent directly, jointly, contributorily, by inducement, or in any other
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`manner.
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`7.
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`Amazon has not infringed, and does not infringe, and is not liable for any
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`infringement of the ’662 Patent directly, jointly, contributorily, by inducement, or in any other
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`manner.
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`8.
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`Amazon has not infringed, and does not infringe, and is not liable for any
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`infringement of the ’096 Patent directly, jointly, contributorily, by inducement, or in any other
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`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 12
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`manner.
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`SECOND DEFENSE – INVALIDITY
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`9.
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`The ’791 Patent is invalid for failure to meet one or more of the conditions for
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`patentability specified in Title 35, U.S.C., or the rules, regulations, and law related thereto,
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`including, without limitation, one or more of 35 U.S.C. §§ 101, 102, 103, and/or 112.
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`10.
`
`The ’280 Patent is invalid for failure to meet one or more of the conditions for
`
`patentability specified in Title 35, U.S.C., or the rules, regulations, and law related thereto,
`
`including, without limitation, one or more of 35 U.S.C. §§ 101, 102, 103, and/or 112.
`
`11.
`
`The ’442 Patent is invalid for failure to meet one or more of the conditions for
`
`patentability specified in Title 35, U.S.C., or the rules, regulations, and law related thereto,
`
`including, without limitation, one or more of 35 U.S.C. §§ 101, 102, 103, and/or 112.
`
`12.
`
`The ’310 Patent is invalid for failure to meet one or more of the conditions for
`
`patentability specified in Title 35, U.S.C., or the rules, regulations, and law related thereto,
`
`including, without limitation, one or more of 35 U.S.C. §§ 101, 102, 103, and/or 112.
`
`13.
`
`The ’539 Patent is invalid for failure to meet one or more of the conditions for
`
`patentability specified in Title 35, U.S.C., or the rules, regulations, and law related thereto,
`
`including, without limitation, one or more of 35 U.S.C. §§ 101, 102, 103, and/or 112.
`
`14.
`
`The ’544 Patent is invalid for failure to meet one or more of the conditions for
`
`patentability specified in Title 35, U.S.C., or the rules, regulations, and law related thereto,
`
`including, without limitation, one or more of 35 U.S.C. §§ 101, 102, 103, and/or 112.
`
`15.
`
`The ’662 Patent is invalid for failure to meet one or more of the conditions for
`
`patentability specified in Title 35, U.S.C., or the rules, regulations, and law related thereto,
`
`including, without limitation, one or more of 35 U.S.C. §§ 101, 102, 103, and/or 112.
`
`16.
`
`The ’096 Patent is invalid for failure to meet one or more of the conditions for
`
`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 13
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`
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`patentability specified in Title 35, U.S.C., or the rules, regulations, and law related thereto,
`
`including, without limitation, one or more of 35 U.S.C. §§ 101, 102, 103, and/or 112.
`
`THIRD DEFENSE – PROSECUTION HISTORY ESTOPPEL
`
`17.
`
`Amazon is informed and believes, and thereon alleges, that the doctrine of
`
`prosecution history estoppel applies to preclude reliance by PersonalWeb on the doctrine of
`
`equivalents.
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`FOURTH DEFENSE – DEDICATION TO THE PUBLIC
`
`18.
`
`The relief sought by Plaintiff is barred, in whole or in part, because Plaintiff
`
`dedicated to the public all methods, systems and products disclosed in the patent-in-suit but not
`
`literally claimed therein.
`
`FIFTH DEFENSE – LIMITATION ON DAMAGES
`
`19.
`
`Amazon is informed and believes, and thereon alleges, that Plaintiff’s claim for
`
`damages is barred, in whole or in part, by 35 U.S.C. § 287 and/or Plaintiff’s failure to plead
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`notice thereunder.
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`SIXTH DEFENSE – COSTS BARRED IN ACTION FOR INFRINGEMENT OF A
`PATENT CONTAINING AN INVALID CLAIM
`
`20. Pursuant to 35 U.S.C. § 288, Plaintiff is barred from recovering any costs because
`
`PersonalWeb and/or the patentee did not enter a disclaimer of its invalid claims at the Patent and
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`Trademark Office prior to the commencement of this suit.
`
`SEVENTH DEFENSE – LACHES
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`21. The doctrine of laches bars PersonalWeb from obtaining all, or part, of the relief it
`
`seeks.
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`EIGHTH DEFENSE – NO WILLFULNESS
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`22. PersonalWeb is barred from obtaining a finding of willfulness or receiving
`
`enhanced damages because it has failed to set forth facts alleging reprehensible culpability on the
`
`part of Amazon, which is a prerequisite for both a finding of willfulness and an award of
`
`enhanced damages.
`
`NINTH DEFENSE – INTERVENING RIGHTS
`
`23. Plaintiff PersonalWeb’s claims are barred in whole or in part by intervening
`
`rights.
`
`TENTH DEFENSE - MISJOINDER
`
`24.
`
`Amazon and Dropbox are not properly joined in this matter.
`
`ELEVENTH DEFENSE – FAILURE TO JOIN A NECESSARY PARTY
`
`25.
`
`Plaintiff has failed to join a necessary and indispensible party to the action
`
`pursuant to Rule 19 of the Federal Rules of Civil Procedure.
`
`TWELFTH DEFENSE – LACK OF STANDING
`
`26.
`
`On information and belief, PersonalWeb did not own the Patent-in-Suit at the
`
`time this action was filed and lacked standing to bring this action. PersonalWeb’s claims against
`
`Amazon are barred, in whole or in part, on the ground that PersonalWeb lacks standing, in whole
`
`or in part, to assert infringement of and/or collect past damages for the infringement of the
`
`Patents-in-Suit.
`
`THIRTEENTH DEFENSE – FAILURE TO STATE A CLAIM
`
`27.
`
`The complaint, and each and every purported claim for relief thereof, fails to state
`
`a claim for relief against Amazon.
`
`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 15
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`RESERVATION OF ADDITIONAL DEFENSES
`
`28.
`
`Amazon reserves the right to assert additional defenses in the event that discovery
`
`or other analysis indicates that additional defenses are appropriate.
`
`COUNTERCLAIMS
`
`For its Counterclaims against Plaintiff, Amazon.com, Inc. and Amazon Web Services LLC
`
`(collectively, “Amazon”) allege as follows:
`
`1.
`
`Amazon counterclaims against Plaintiff pursuant to the patent laws of the United
`
`States, Title 35 of the United States Code, and laws authorizing actions for declaratory judgment
`
`in the courts of the United States, 28 U.S. C. §§ 2201 and 2202, and Federal Rule of Procedure
`
`13.
`
`THE PARTIES
`
`2.
`
`Amazon.com is a Delaware corporation with its principal place of business at 410
`
`Terry Avenue North, Seattle, Washington 98109.
`
`3.
`
`Amazon Web Services LLC is a Delaware corporation with its principal place of
`
`business at 410 Terry Avenue North, Seattle, Washington 98109.
`
`4.
`
`Plaintiff PersonalWeb Technologies LLC (“PersonalWeb”) alleges that it is a
`
`Texas corporation with its principal place of business at 112 E. Line Street, Suite 204, Tyler,
`
`Texas 75702.
`
`JURISDICTION AND VENUE
`
`5.
`
`This Court has jurisdiction over these counterclaims pursuant to 28 U.S.C.
`
`§§ 1331, 1338(a), 2201(a), and 2202.
`
`6.
`
`This Court has personal jurisdiction over PersonalWeb by virtue, inter alia, of its
`
`filing of a complaint against Amazon in this Court.
`
`AMAZON’S ANSWER AND COUNTERCLAIMS – Page 16
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`
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`7.
`
`PersonalWeb has consented to venue in this District by filing this act