Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 1 of 31
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`Lewis E. Hudnell, III (CASBN 218736)
`Nicolas S. Gikkas (CASBN 189452)
`HUDNELL LAW GROUP P.C.
`800 W. El Camino Real Suite 180
`Mountain View, California 94040
`Telephone: 650.564.3698
`Facsimile: 347.772.3034
`lewis@hudnelllaw.com
`nick@hudnelllaw.com
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`Attorneys for Defendant VoIP-Pal.com, Inc.
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`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`Case No. 3:21-cv-09773-JD
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`DEFENDANT’S ANSWER TO FIRST
`AMENDED COMPLAINT FOR
`DECLARATORY JUDGMENT AND
`COUNTERCLAIM
`
`DEMAND FOR JURY TRIAL
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`
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`TWITTER, INC., a Delaware corporation,
`Plaintiff,
`
`v.
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`VOIP-PAL.COM, INC., a Nevada
`corporation,
`Defendant.
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`
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
`3:21-cv-09773-JD
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 2 of 31
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`Defendant VoIP-Pal.com, Inc. (“VoIP-Pal”) submit this Answer to the allegations in the
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`numbered paragraphs in Plaintiff Twitter, Inc.’s (“Twitter’s”) First Amended Complaint for
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`Declaratory Judgment, Dkt. No. 48. Unless expressly admitted, all of the averments made by Twitter
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`in its Complaint should be deemed denied by VoIP-Pal.
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`I. INTRODUCTION
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`1. VoIP-Pal admits that this action concerns U.S. Patent Nos. 8,630,234 (the “’234 patent”) and
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`10,880,721 (the “’721 patent”) (collectively the “patents-in-suit”), entitled “Mobile Gateway.” VoIP-
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`Pal admits that Twitter seeks a declaration that it does not infringe the patents-in-suit. VoIP-Pal
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`denies any and all remaining allegations and/or legal conclusions contained in Paragraph 1 of the
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`Complaint.
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`2. VoIP-Pal admits that it has been involved in patent litigation with Twitter since 2016. VoIP-
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`Pal denies any and all remaining allegations and/or legal conclusions contained in Paragraph 2 of the
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`Complaint.
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`3. VoIP-Pal admits that in 2016 it filed suits against Twitter, Apple, AT&T, and Verizon
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`alleging infringement of two patents that are part of a patent family that VoIP-Pal refers to as the
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`“Routing, Billing, Rating” or “RBR” patents (the “2016 Cases”). VoIP-Pal admits that all patents in
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`the RBR family share a common specification. VoIP-Pal admits that in 2018, VoIP-Pal filed
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`additional lawsuits against Apple and Amazon to assert four other RBR patents (the “2018 Cases”).
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`VoIP-Pal admits that the 2016 and 2018 Cases were originally filed in the District of Nevada but
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`were transferred to the Northern District of California in 2018. VoIP-Pal denies any and all
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`remaining allegations and/or legal conclusions contained in Paragraph 3 of the Complaint.
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`4. VoIP-Pal admits the allegations in Paragraph 4 of the Complaint.
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
`3:21-cv-09773-JD
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 3 of 31
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`5. VoIP-Pal admits that in April 2020, VoIP-Pal filed lawsuits in the Western District of Texas
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`against Facebook, WhatsApp, Google, Amazon, Apple, AT&T, and Verizon to assert a seventh
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`patent in the RBR family, U.S. Patent 10,218,606 (the “’606 patent”) (the “2020 Texas Cases”).
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`VoIP-Pal denies any and all remaining allegations and/or legal conclusions contained in Paragraph 5
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`of the Complaint.
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`6. VoIP-Pal admits that it issued a press release on April 8, 2020. VoIP-Pal also admits that the
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`Court of Appeals for the Federal Circuit affirmed this Court’s judgment that two of VoIP-Pal’s
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`previously asserted patents were invalid under 35 U.S.C. § 101. VoIP-Pal denies the remaining
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`allegations in Paragraph 6 of the Complaint.
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`7. VoIP-Pal admits that Twitter filed an action for declaratory judgment of noninfringement of
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`the ’606 patent against VoIP-Pal in this Court (Case No. 20-cv-02397). VoIP-Pal admits that soon
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`thereafter, Apple, AT&T, and Verizon filed similar declaratory judgment actions against VoIP-Pal
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`based on the ’606 patent. VoIP-Pal admits that on April 14, 2020, Apple filed a first amended
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`complaint that added claims for declaratory judgment of noninfringement and invalidity for the ’872
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`patent. VoIP-Pal denies the remaining allegations in Paragraph 7 of the Complaint.
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`8. VoIP-Pal admits the allegations in Paragraph 8 of the Complaint.
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`9. VoIP-Pal admits that between December 2020 and April 2021, VoIP-Pal and Twitter
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`communicated many times about potential settlement. VoIP-Pal denies the remaining allegations in
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`Paragraph 9 of the Complaint.
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`10. VoIP-Pal admits that on January 11, 2021, VoIP-Pal proposed that VoIP-Pal and Twitter enter
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`into a settlement for the ’606 patent and all other RBR patents. VoIP-Pal denies the remaining
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`allegations in Paragraph 10 of the Complaint.
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
`3:21-cv-09773-JD
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 4 of 31
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`11. VoIP-Pal admits that on March 24, 2021, VoIP-Pal filed motion to dismiss the declaratory
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`judgment actions filed by Twitter, Apple, AT&T, and Verizon—this time based on a covenant not to
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`sue for infringement of the ’606 patent. E.g., Twitter, Case No. 20-cv-02397, ECF No. 62 (Mar. 21,
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`2021). VoIP-Pal denies the remaining allegations in Paragraph 11 of the Complaint.
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`12. VoIP-Pal admits that on April 9, 2021, VoIP-Pal offered a modified covenant not to sue for
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`the ’606 patent and asked Twitter to stipulate to dismissal of Twitter’s declaratory judgment action.
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`VoIP-Pal denies the remaining allegations in Paragraph 12 of the Complaint.
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`13. VoIP-Pal admits that on April 14, 2021, VoIP-Pal filed a reply brief in support of its motion
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`to dismiss, which granted Twitter a modified covenant not to sue for the ’606 patent that VoIP-Pal
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`had offered on April 9. VoIP-Pal admits that it also granted similar broader covenants not to sue to
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`Apple, AT&T, and Verizon. VoIP-Pal admits that on August 30, 2021, Judge Koh granted VoIP-
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`Pal’s motion to dismiss Twitter’s 2020 DJ Action in view of VoIP-Pal’s broader covenant not to sue
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`for the ’606 patent (but denied VoIP-Pal’s motion to dismiss the other 2020 DJ Actions). VoIP-Pal
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`admits that Judge Koh retained jurisdiction over Twitter’s 2020 DJ Action to consider Twitter’s
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`motion for attorney fees. VoIP-Pal denies the remaining allegations in Paragraph 13 of the
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`Complaint.
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`14. VoIP-Pal admits the allegations in Paragraph 14 of the Complaint.
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`15. VoIP-Pal admits the allegations in Paragraph 15 of the Complaint.
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`16. VoIP-Pal admits the allegations in Paragraph 16 of the Complaint.
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`17. VoIP-Pal admits that the Mobile Gateway patents are not members of the RBR family. VoIP-
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`Pal denies the remaining allegations in Paragraph 17 of the Complaint.
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`18. VoIP-Pal denies the allegations in Paragraph 18 of the Complaint.
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`19. VoIP-Pal denies the allegations in Paragraph 19 of the Complaint.
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
`3:21-cv-09773-JD
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 5 of 31
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`20. VoIP-Pal admits the allegations in Paragraph 20 of the Complaint.
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`21. VoIP-Pal admits the allegations in Paragraph 21 of the Complaint.
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`22. VoIP-Pal admits that on December 9, 2021, VoIP-Pal filed a motion to dismiss based on a
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`covenant not to sue for the ’872 patent. VoIP-Pal denies the remaining allegations in Paragraph 22 of
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`the Complaint.
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`23. VoIP-Pal denies the allegations in Paragraph 23 of the Complaint.
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`24. VoIP-Pal denies the allegations in Paragraph 24 of the Complaint.
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`II. PARTIES
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`25. VoIP-Pal admits that Twitter purports to be a company incorporated under the laws of
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`Delaware, with headquarters at 1355 Market Street, Suite 900, San Francisco, California.
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`26. VoIP-Pal is without sufficient information to admit or deny the allegations in Paragraph 26,
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`and therefore denies them.
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`27. VoIP-Pal admits that it is a company incorporated and registered under the laws of Nevada
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`with its principal place of business at 7215 Bosque Blvd, Suite 102, Waco, Texas 76710.
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`28. VoIP-Pal admits that it owns the Mobile Gateway patents.
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`III. JURISDICTION AND VENUE
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`29. VoIP-Pal admits that this action purports to seek declaratory relief under the patent laws of
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`the United States, 35 U.S.C. §§ 1 et seq.
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`30. VoIP-Pal admits that Twitter purports to seek declaratory relief under 28 U.S.C. §§ 2201 and
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`2202.
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`31. Paragraph 31 of the Complaint contains conclusions of law, rather than averments of fact, to
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`which no answer is required. Insofar as an answer may be required, VoIP-Pal admits that Twitter
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`purports to base jurisdiction of this action under 28 U.S.C. §§ 1331, 1332, 1338, 2201, and 2202.
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
`3:21-cv-09773-JD
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 6 of 31
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`VoIP-Pal denies any and all remaining allegations and/or legal conclusions contained in Paragraph 31
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`of the Complaint.
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`32. Paragraph 32 of the Complaint contains conclusions of law, rather than averments of fact, to
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`which no answer is required. Insofar as an answer may be required, VoIP-Pal denies any and all
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`allegations and/or legal conclusions contained in Paragraph 32 of the Complaint.
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`33. Paragraph 33 of the Complaint contains conclusions of law, rather than averments of fact, to
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`which no answer is required. Insofar as an answer may be required, VoIP-Pal admits that it has
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`engaged Lewis Hudnell of the Hudnell Law Group in Mountain View, California to represent it in
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`patent litigation. VoIP-Pal denies any and all remaining allegations and/or legal conclusions
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`contained in Paragraph 33 of the Complaint.
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`34. Paragraph 34 of the Complaint contains conclusions of law, rather than averments of fact, to
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`which no answer is required. Insofar as an answer may be required, VoIP-Pal denies any and all
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`allegations and/or legal conclusions contained in Paragraph 34 of the Complaint.
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`35. The allegations in Paragraph 35 of the Complaint are legal conclusions and argument, and no
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`response is required. To the extent Paragraph 35 requires a response, VoIP-Pal denies any and all
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`allegations and/or legal conclusions contained in Paragraph 35 of the Complaint.
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`36. The allegations in Paragraph 36 of the Complaint are legal conclusions and argument, and no
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`response is required. To the extent Paragraph 36 requires a response, VoIP-Pal denies any and all
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`allegations and/or legal conclusions contained in Paragraph 36 of the Complaint.
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`37. The allegations in Paragraph 37 of the Complaint are legal conclusions and argument, and no
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`response is required. To the extent Paragraph 37 requires a response, VoIP-Pal denies all allegations
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`in Paragraph 37 of the Complaint.
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`FACTUAL BACKGROUND
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
`3:21-cv-09773-JD
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 7 of 31
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`38. VoIP-Pal admits the facts stated in Paragraph 38 of the Complaint.
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`39. VoIP-Pal admits the facts stated in Paragraph 39 of the Complaint.
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`40. VoIP-Pal admits the facts stated in Paragraph 40 of the Complaint except that VoIP-Pal
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`denies that the asserted claims of the four patents in the 2018 cases are very similar to the asserted
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`claims of the two patents in the 2016 cases.
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`41. VoIP-Pal admits the facts stated in Paragraph 41 of the Complaint.
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`42. VoIP-Pal admits the facts stated in Paragraph 42 of the Complaint except that VoIP-Pal
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`denies that the Court granted Apple and Amazon’s motion to dismiss on November 1, 2019.
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`43. VoIP-Pal admits the facts stated in Paragraph 43 of the Complaint.
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`44. VoIP-Pal denies the allegations stated in Paragraph 44 of the Complaint.
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`45. VoIP-Pal denies the allegations in Paragraph 45 of the Complaint.
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`46. VoIP-Pal admits that it issued a press release on April 8, 2020 that appears as Exhibit 5 to the
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`Complaint. VoIP-Pal denies the remaining allegations in Paragraph 46.
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`47. VoIP-Pal admits the allegations in Paragraph 47 of the Complaint.
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`48. VoIP-Pal admits the allegations in Paragraph 48 of the Complaint.
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`49. VoIP-Pal admits the allegations in Paragraph 49 of the Complaint.
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`50. VoIP-Pal admits that on June 4, 2020, counsel for Twitter asked counsel for VoIP-Pal
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`whether VoIP-Pal would be willing to grant Twitter a covenant not to sue based on the ’606 patent.
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`VoIP-Pal admits that on June 11, 2020, counsel for VoIP-Pal declined to discuss a covenant not to
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`sue at that time.
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`51. VoIP-Pal admits the allegations in Paragraph 51 of the Complaint.
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`52. VoIP-Pal admits the allegations in Paragraph 52 of the Complaint.
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 8 of 31
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`53. VoIP-Pal expressly denies that on December 2, 2020, counsel for Twitter and VoIP-Pal had a
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`telephone call in which VoIP-Pal offered to pay Twitter $250,000 for Twitter to dismiss its
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`declaratory judgment action against the ’606 patent. VoIP-Pal denies the remaining allegations in
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`Paragraph 53 of the Complaint.
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`54. VoIP-Pal admits that on January 4, 2021, counsel for Twitter corresponded with counsel for
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`VoIP-Pal. VoIP-Pal denies the remaining allegations in Paragraph 54 of the Complaint.
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`55. VoIP-Pal admits that on January 11, 2021, counsel for Twitter and VoIP-Pal had a telephone
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`call in which VoIP-Pal proposed to enter into a settlement for the ’606 patent and “all family
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`members” (which includes the ’872 patent), for a payment by Twitter of $1 million. VoIP-Pal denies
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`the remaining allegations in Paragraph 55 of the Complaint.
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`56. VoIP-Pal admits that on January 15, 2021, Twitter declined VoIP-Pal’s offer. VoIP-Pal
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`denies the remaining allegations in Paragraph 56 of the Complaint.
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`57. VoIP-Pal admits that on March 24, 2021, VoIP-Pal filed motion to dismiss the declaratory
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`judgment actions filed by Twitter, Apple, AT&T, and Verizon—this time based on a covenant not to
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`sue for infringement of the ’606 patent. E.g., Twitter, Case No. 20-cv-02397, ECF No. 62 (Mar. 21,
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`2021). VoIP-Pal admits that it asked Twitter to stipulate to dismissal of Twitter’s declaratory
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`judgment action involving the ’606 patent. VoIP-Pal denies the remaining allegations in Paragraph
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`57 of the Complaint.
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`58. VoIP-Pal admits that is received a communication from Twitter on April 12, 2021. VoIP-Pal
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`denies the remaining allegations in Paragraph 58 of the Complaint.
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`59. VoIP-Pal denies the allegations in Paragraph 59 of the Complaint.
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 9 of 31
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`60. VoIP-Pal admits that on April 14, 2021, VoIP-Pal filed its reply brief in support of its motion
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`to dismiss in Case No. 20-v-2397. VoIP-Pal denies the remaining allegations in Paragraph 60 of the
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`Complaint.
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`61. VoIP-Pal admits the allegations in Paragraph 61 of the Complaint.
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`62. VoIP-Pal admits the allegations in Paragraph 62 of the Complaint.
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`63. VoIP-Pal admits that on August 25, 2021, this Court denied VoIP-Pal’s motions to dismiss
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`Apple’s and AT&T’s 2020 DJ Actions, finding that VoIP-Pal’s covenants not to sue to be insufficient
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`to eliminate subject matter jurisdiction. VoIP-Pal denies the remaining allegations in Paragraph 63 of
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`the Complaint.
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`64. VoIP-Pal admits that on August 30, 2021, the Court granted VoIP-Pal’s motion to dismiss
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`Twitter’s 2020 DJ Action based on a covenant not to sue for the ’606 patent and entered judgment
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`but retained jurisdiction to consider Twitter’s motion for attorney fees. VoIP-Pal admits that in
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`setting the briefing schedule for Twitter’s motion for attorney fees, the Court referred the parties to a
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`court-supervised settlement conference. VoIP-Pal denies the remaining allegations in Paragraph 64
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`of the Complaint.
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`65. VoIP-Pal admits that on April 16, 2021, Twitter filed an action for declaratory judgment of
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`noninfringement for an eighth RBR patent, the ’872 patent. VoIP-Pal denies the remaining
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`allegations in Paragraph 65 of the Complaint.
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`66. VoIP-Pal admits that on June 21, 2021, VoIP-Pal filed a motion to dismiss Twitter’s DJ
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`action for the ’872 patent for lack of subject matter jurisdiction, lack of personal jurisdiction, and for
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`improper venue. VoIP-Pal denies the remaining allegations in Paragraph 66 of the Complaint.
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`67. VoIP-Pal admits the allegations in Paragraph 67 of the Complaint.
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`68. VoIP-Pal admits the allegations in Paragraph 68 of the Complaint.
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 10 of 31
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`69. VoIP-Pal admits that the Mobile Gateway patents are not members of the RBR family. VoIP-
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`Pal denies the remaining allegations in Paragraph 69 of the Complaint.
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`70. VoIP-Pal denies the allegations in Paragraph 70 of the Complaint.
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`71. VoIP-Pal denies the allegations in Paragraph 71 of the Complaint.
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`72. VoIP-Pal denies the allegations in Paragraph 72 of the Complaint.
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`73. VoIP-Pal admits the allegations in Paragraph 73 of the Complaint.
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`74. VoIP-Pal admits the allegations in Paragraph 74 of the Complaint.
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`75. VoIP-Pal denies the allegations in Paragraph 75 of the Complaint.
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`76. VoIP-Pal denies the allegations in Paragraph 76 of the Complaint.
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`FIRST CLAIM FOR RELIEF
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`(Declaratory Judgment of Alleged Non-Infringement of the ’234 Patent by Twitter)
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`1. VoIP-Pal repeats, realleges, and incorporates its answers to paragraphs 1 through 76 of the
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`Complaint as if fully set forth in this Count.
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`2. Paragraph 2 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 2.
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`3. Paragraph 3 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 3.
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`4. Paragraph 4 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 4 of the Complaint.
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`5. Paragraph 5 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 5 of the Complaint.
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`6. Paragraph 6 contains legal conclusions and argument to which no response is required. To the
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`extent a response is required, VoIP-Pal denies the allegations in Paragraph 6 of the Complaint.
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`SECOND CLAIM FOR RELIEF
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`(Declaratory Judgment of Alleged Non-Infringement of the ’721Patent by Twitter)
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`7. VoIP-Pal repeats, realleges, and incorporates its answers to paragraphs 1 through 76 and all
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`preceding paragraphs of the Complaint as if fully set forth in this Count.
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`8. Paragraph 8 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 8.
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`9. Paragraph 9 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 9.
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`10. Paragraph 10 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 10 of the Complaint.
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`11. Paragraph 11 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 11 of the Complaint.
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`12. Paragraph 12 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 12 of the Complaint.
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`THIRD CLAIM FOR RELIEF
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`(Declaratory Judgment of Invalidity of the ’234 Patent by Twitter)
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`13. VoIP-Pal repeats, realleges, and incorporates its answers to paragraphs 1 through 76 and all
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`preceding paragraphs of the Complaint as if fully set forth in this Count.
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`14. Paragraph 14 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 14.
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`15. Paragraph 15 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 15.
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 12 of 31
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`16. Paragraph 16 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 16 of the Complaint.
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`17. Paragraph 17 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 17 of the Complaint.
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`18. Paragraph 18 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 18 of the Complaint.
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`19. Paragraph 19 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 19 of the Complaint.
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`20. Paragraph 20 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 20 of the Complaint.
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`FOURTH CLAIM FOR RELIEF
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`(Declaratory Judgment of Invalidity of the ’721Patent by Twitter)
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`21. VoIP-Pal repeats, realleges, and incorporates its answers to paragraphs 1 through 76 and all
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`preceding paragraphs of the Complaint as if fully set forth in this Count.
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`22. Paragraph 22 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 22.
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`23. Paragraph 23 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 23.
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`24. Paragraph 24 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 24 of the Complaint.
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`25. Paragraph 25 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 25 of the Complaint.
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
`3:21-cv-09773-JD
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 13 of 31
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`26. Paragraph 26 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 26 of the Complaint.
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`27. Paragraph 27 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 27 of the Complaint.
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`28. Paragraph 28 contains legal conclusions and argument to which no response is required. To
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`the extent a response is required, VoIP-Pal denies the allegations in Paragraph 28 of the Complaint.
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`ANSWER TO PRAYER
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`VoIP-Pal denies that Twitter is entitled to the relief sought in Paragraphs A) – F) of its Prayer
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`for Relief.
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`DEMAND FOR JURY TRIAL
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`Under Rule 38 of the Federal Rules of Civil Procedure, VoIP-Pal requests a trial by jury of
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`any issues raised by Twitter’s Complaint that are so triable.
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`AFFIRMATIVE DEFENSES
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`VoIP-Pal alleges the following separate affirmative defenses to Twitter’s Claims for Relief
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`and to each allegation contained therein:
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`FIRST AFFIRMATIVE DEFENSE
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`(Failure to State a Claim for which Relief Can Be Granted)
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`As to each of Twitter’s Claims for Relief, VoIP-Pal alleges that each such Claim fails to state
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`a legally cognizable claim for relief and/or sufficient facts to constitute a cause of action against
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`VoIP-Pal.
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`SECOND AFFIRMATIVE DEFENSE
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`(Validity and Enforceability)
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`The claims of the patents-in-suit, as properly construed, are valid and enforceable.
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
`3:21-cv-09773-JD
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 14 of 31
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`THIRD AFFIRMATIVE DEFENSE
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`(Lack of Personal Jurisdiction)
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`The Court does not have personal jurisdiction over VoIP-Pal because California’s long-arm
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`statute does not confer jurisdiction over non-resident VoIP-Pal and the exercise of jurisdiction does
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`not satisfy due process requirements under the U.S. Constitution.
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`FOURTH AFFIRMATIVE DEFENSE
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`(Lack of Subject Matter Jurisdiction)
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`The Court does not have subject matter jurisdiction over VoIP-Pal because there is no “case
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`or controversy” under 28 U.S.C. § 2201 in that VoIP-Pal has not engaged in any conduct that created
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`a reasonable apprehension on the part of the declaratory judgment plaintiff that it will face an
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`infringement suit in this District.
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`FIFTH AFFIRMATIVE DEFENSE
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`(Improper Venue)
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`The venue for this action is improper under 28 U.S.C. § 1391 and should be dismissed or
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`transferred under 28 U.S.C. § 1406.
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`SIXTH AFFIRMATIVE DEFENSE
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`(Reservation of Additional Defenses)
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`VoIP-Pal reserves all defenses under Rule 8(c) of the Federal Rules of Civil Procedure, the
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`Patent Laws of the United States and any other defenses, at law and equity, that may now or in the
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`future be available based on discovery or any other factual investigation concerning this case or any
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`other related case.
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
`3:21-cv-09773-JD
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 15 of 31
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`COUNTERCLAIMS
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`Under Fed. R. Civ. P. 15(a)(1)(B), Plaintiff VoIP-Pal.com, Inc. (“VoIP-Pal”), files its
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`Counterclaim against Defendant Twitter, Inc. (“Twitter”) and alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff VoIP-Pal is a Nevada corporation with its principal place of business located
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`at 7215 Bosque Boulevard, Waco, Texas 76710. VoIP-Pal is registered to do business in the State of
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`Texas.
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`2.
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`On information and belief, Defendant Twitter is a company incorporated under the
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`laws of Delaware, with headquarters at 1355 Market Street, Suite 900, San Francisco, California.
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`3.
`Twitter operates a global Internet platform for public self-expression and
`conversation in real time. People with a Twitter account can post “Tweets”—messages of 280
`characters or less, sometimes with pictures or video, and those messages can be read by other people
`using the Twitter platform. They may, in turn, “Retweet” those messages to their own followers.
`Users can include “hashtagged” keywords (indicated by a “#”) in their Tweets to facilitate searching
`for messages on the same topic. People who use Twitter can also send direct messages to other
`users that can contain images and video. Each day, people post hundreds of millions of Tweets,
`engaging in public conversation on virtually every conceivable topic. Twitter’s products and
`services are provided through the Twitter platform.
`4.
`On information and belief, Twitter regularly conducts and transacts business in the
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`State of California, throughout the United States, and within this District, and as set forth below, has
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`committed and continues to commit, tortious acts of infringement within and outside the State of
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`California and within this District.
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`JURISDICTION AND VENUE
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`5.
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`This action is a civil action for patent infringement arising under the patent laws of the
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`United States, Title 35, United States Code (“U.S.C.”) § 1 et seq., including 35 U.S.C. §§ 271 and
`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
`3:21-cv-09773-JD
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 16 of 31
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`281-285. This Court has exclusive subject matter jurisdiction over this case for patent infringement
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`under 28 U.S.C. §§ 1331 and 1338.
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`6.
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`This Court has personal jurisdiction over Twitter by virtue of its systematic and
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`continuous contacts with this jurisdiction, as alleged herein, as well as because the injury to VoIP-Pal
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`occurred in the State of California and the claim for relief possessed by VoIP-Pal against Twitter for
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`that injury arose in the State of California. On information and belief, Twitter has purposely availed
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`itself of the privileges of conducting business within the State of California, such business including
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`but not limited to: (i) at least a portion of the infringements alleged herein; (ii) purposefully and
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`voluntarily placing one or more infringing products or services into the stream of commerce with the
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`expectation that they will be purchased by consumers in this forum; or (iii) regularly transacting or
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`soliciting business, engaging in other persistent courses of conduct, or deriving or attempting to
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`derive substantial revenue and financial benefits from goods and services provided to individuals
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`residing in the State of California and in this District. Thus, Twitter is subject to this Court’s specific
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`and general personal jurisdiction under due process and the California Long Arm Statute.
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`7.
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`Personal jurisdiction also exists specifically over Twitter because it, directly or
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`through subsidiaries or intermediaries (including customers, distributors, retailers, and others),
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`subsidiaries, alter egos, and/or agents – ships, distributes, offers for sale, sells, imports, advertises, or
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`markets in the State of California and in this District, one or more products and services that infringe
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`the Patent-in-Suit, as described particularly below. Twitter has purposefully and voluntarily placed
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`one or more of their infringing products and services, as described below, into the stream of
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`commerce with the awareness and/or intent that these products or services will be purchased or used
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`by consumers in this District. Twitter has knowingly and purposefully shipped infringing products
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`and provided services into and within this District through an established distribution channel. These
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`DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND COUNTERCLAIM
`3:21-cv-09773-JD
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`Case 3:21-cv-09773-JD Document 57 Filed 02/09/23 Page 17 of 31
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`infringing products and services have been and continue to be purchased and used by consumers in
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`this District.
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`8.
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`VoIP-Pal’s claim for relief for patent