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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
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`Case No. 1:17-cv-02097-RBJ
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`JURY TRIAL DEMANDED
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`REALTIME ADAPTIVE STREAMING
`LLC,
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` v.
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`SLING TV L.L.C.,
`SLING MEDIA L.L.C.,
`DISH TECHNOLOGIES L.L.C.,
`DISH NETWORK L.L.C., AND
`ARRIS GROUP, INC.,
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`Plaintiff,
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`Defendants.
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`PLAINTIFF REALTIME ADAPTIVE STREAMING LLC’S ANSWER IN
`RESPONSE TO DEFENDANTS DISH TECHNOLOGIES L.L.C. AND DISH NETWORK
`L.L.C.’S COUNTERCLAIMS
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`Plaintiff Realtime Adaptive Streaming LLC d/b/a IXO (“Realtime”) responds to
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`Defendants DISH TECHNOLOGIES L.L.C. and DISH NETWORK L.L.C.’s (collectively,
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`“Defendants’”) Counterclaims as follows:
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`DISH DEFENDANTS’ COUNTERCLAIMS
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`PARTIES
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`1.
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`2.
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`3.
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`4.
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`Admitted.
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`Admitted.
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`Admitted that Realtime has places of business at 1828 E.S.E. Loop 323, Tyler,
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`Texas 75701. Otherwise denied.
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`Admitted that Richard Tashjian is a member of the board of directors of Realtime
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`Data LLC. Otherwise denied.
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`JURISDICTION AND VENUE
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`1
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`Case 1:17-cv-02097-RBJ Document 94 Filed 04/10/18 USDC Colorado Page 2 of 6
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`5.
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`6.
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`7.
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`8.
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`Admitted.
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`Admitted that Defendants purport to allege counterclaims under the Federal
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`Declaratory Judgment Act and the Patent Act of the United States. Denied that
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`Defendants are entitled to any relief.
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`Admitted.
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`Admitted that venue is appropriate under 28 U.S.C. §§ 1391 and/or 1400(b).
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`FIRST COUNTERCLAIM
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`DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE ‘610 PATENT
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`9.
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`Realtime incorporates by reference its responses to Paragraphs 1-8 of this Answer
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`to Defendants’ Counterclaims as if fully set forth herein.
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`10.
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`11.
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`12.
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`Admitted.
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`Denied.
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`Realtime admits that a valid and justiciable controversy has arisen and exists
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`between Realtime and Defendants as to whether the ‘610 Patent is infringed.
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`Otherwise denied.
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`13.
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`Realtime admits that Defendants seek a declaration of non-infringement as to the
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`‘610 Patent, but denies that Defendants are entitled to such a declaration and
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`otherwise denied.
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`SECOND COUNTERCLAIM
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`DECLARATORY JUDGMENT OF INVALIDITY OF THE ‘610 PATENT
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`14.
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`Realtime incorporates by reference its responses to Paragraphs 1-13 of this
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`Answer to Defendants’ Counterclaims as if fully set forth herein.
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`15.
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`Denied.
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`Case 1:17-cv-02097-RBJ Document 94 Filed 04/10/18 USDC Colorado Page 3 of 6
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`16.
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`Realtime admits that Defendants seek a declaration of invalidity and/or
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`unenforceability as to the ‘610 Patent, but denies that Defendants are entitled to
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`such a declaration and otherwise denied.
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`THIRD COUNTERCLAIM
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`DECLARATORY JUDGMENT OF NON-INFRINGMENT OF THE ‘535 PATENT
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`17.
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`Realtime incorporates by reference its responses to Paragraphs 1-16 of this
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`Answer to Defendants’ Counterclaims as if fully set forth herein.
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`18.
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`19.
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`20.
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`Admitted.
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`Denied.
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`Realtime admits that a valid and justiciable controversy has arisen and exists
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`between Realtime and Defendants as to whether the ‘535 Patent is infringed.
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`Otherwise denied.
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`21.
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`Realtime admits that Defendants seek a declaration of non-infringement as to the
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`‘535 Patent, but denies that Defendants are entitled to such a declaration and
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`otherwise denied.
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`FOURTH COUNTERCLAIM
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`DECLARATORY JUDGMENT OF INVALIDITY OF THE ‘535 PATENT
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`22.
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`Realtime incorporates by reference its responses to Paragraphs 1-21 of this
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`Answer to Defendants’ Counterclaims as if fully set forth herein.
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`23.
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`24.
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`Denied.
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`Realtime admits that Defendants seek a declaration of invalidity and/or
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`unenforceability as to the ‘535 Patent, but denies that Sling is entitled to such a
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`declaration and otherwise denied.
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`Case 1:17-cv-02097-RBJ Document 94 Filed 04/10/18 USDC Colorado Page 4 of 6
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`Realtime denies all allegations of the Counterclaims not specifically admitted above.
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`PRAYER FOR RELIEF
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`In response to Defendants’ Prayer for Relief, Realtime denies that Defendants are entitled
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`to any relief, and in particular to any of the relief requested in paragraphs (a)-(h) of Defendants’
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`Prayer for Relief, and further requests that the Court enter such preliminary and final orders and
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`judgments as are necessary to provide Realtime with the following requested relief:
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`a. A Judgment in favor of Realtime on Defendants’ Counterclaims that the Asserted
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`Patents are not invalid and are enforceable, and that Defendants infringe the ‘610 Patent and the
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`‘535 Patent;
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`b. An Order dismissing Defendants’ Counterclaims in their entirety and with
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`prejudice;
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`c. A judgment in favor of Plaintiff that Defendants have infringed, literally and/or
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`under the doctrine of equivalents, ‘the ‘610 Patent and the ‘535 Patent;
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`d. A judgment and order requiring Defendants to pay Plaintiff its damages, costs,
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`expenses, and prejudgment and post-judgment interest for its infringement of ‘the ‘610 Patent
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`and the ‘535 Patent, as provided under 35 U.S.C. § 284;
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`e. A judgment and order requiring Defendants to provide an accounting and to pay
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`supplemental damages to Realtime, including without limitation, prejudgment and post-judgment
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`interest;
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`f. A judgment and order finding that this is an exceptional case within the meaning of
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`35 U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees against Sling; and
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`g. Any and all other relief as the Court may deem appropriate and just under the
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`circumstances.
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`Case 1:17-cv-02097-RBJ Document 94 Filed 04/10/18 USDC Colorado Page 5 of 6
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`DEMAND FOR JURY TRIAL
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`Plaintiff demands a trial by jury of all issues so triable.
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`Dated: April 10, 2018
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`Respectfully submitted,
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`By: /s/ C. Jay Chung
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`Marc A. Fenster (CA SBN 181067)
`Reza Mirzaie (CA SBN 246953)
`Brian D. Ledahl (CA SBN 186579)
`C. Jay Chung (CA SBN 252794)
`Philip X. Wang (CA SBN 262239)
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025
`(310) 826-7474
`mfenster@raklaw.com
`rmirzaie@raklaw.com
`bledahl@raklaw.com
`jchung@raklaw.com
`pwang@raklaw.com
`
`Eric B. Fenster (CO Atty Reg # 33264)
`ERIC B. FENSTER, LLC
`1522 Blake Street, Suite 200
`Denver, CO 80202
`(303) 921-3530
`eric@fensterlaw.net
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`Attorneys for Plaintiff
`Realtime Adaptive Streaming LLC
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`Case 1:17-cv-02097-RBJ Document 94 Filed 04/10/18 USDC Colorado Page 6 of 6
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`CERTIFICATE OF SERVICE
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` hereby certify that a copy of this document is being served electronically.
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`/s/ C. Jay Chung
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