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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
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`REALTIME ADAPTIVE STREAMING, LLC,
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`vs.
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`SLING TV, L.L.C., et al.,
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`Plaintiff,
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`Defendants.
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`REALTIME ADAPTIVE STREAMING, LLC,
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`Lead Case No. 1:17-CV-02097-RBJ
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`Case No. 1:17-CV-02869-RBJ-STV
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`Plaintiff,
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` Defendant.
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`vs.
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`APPLE INC.,
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`PLAINTIFF REALTIME ADAPTIVE STREAMING LLC’S ANSWER TO DEFENDANT
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`APPLE INC.’S COUNTERCLAIMS
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`180430 RT Response to Apples CCs.docx
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`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 2 of 9
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`Plaintiff Realtime Adaptive Streaming LLC (“Realtime”) responds to Defendant Apple
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`Inc.’s (“Apple’”) Counterclaims as follows:
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`APPLE’S COUNTERCLAIMS
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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.
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`Admitted.
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`Admitted.
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`FIRST COUNTERCLAIM:
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`INVALIDITY OF THE ‘046 PATENT
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`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
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`to any relief and otherwise denied.
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`Admitted.
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`Denied.
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`Denied.
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
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`9.
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`10.
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`Realtime admits that an actual controversy exists between Apple and Realtime as
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`to the validity of the ‘046 Patent. Otherwise denied.
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`11.
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`Realtime admits that Apple seeks a judicial declaration, but denies that Defendant
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`is entitled to such a declaration and otherwise denied.
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`12.
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`Realtime admits that Apple seeks a declaration from this Court that the ‘046 Patent
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`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
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`180430 RT Response to Apples CCs.docx
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`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 3 of 9
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`denied.
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`SECOND COUNTERCLAIM:
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`INVALIDITY OF THE ‘462 PATENT
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`13.
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`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
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`to any relief and otherwise denied.
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`14.
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`15.
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`16.
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`17.
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`Admitted.
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`Denied.
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`Denied.
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`Realtime admits that an actual controversy exists between Apple and Realtime as
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`to the validity of the ‘462 Patent. Otherwise denied.
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`18.
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`Realtime admits that Apple seeks a judicial declaration, but denies that Defendant
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`is entitled to such a declaration and otherwise denied.
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`19.
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`Realtime admits that Apple seeks a declaration from this Court that the ‘462 Patent
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`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
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`denied.
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`THIRD COUNTERCLAIM:
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`INVALIDITY OF THE ‘442 PATENT
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`20.
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`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
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`to any relief and otherwise denied.
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`21.
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`22.
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`Admitted.
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`Denied.
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`180430 RT Response to Apples CCs.docx
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`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 4 of 9
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`23.
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`24.
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`Denied.
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`Realtime admits that an actual controversy exists between Apple and Realtime as
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`to the validity of the ‘442 Patent. Otherwise denied.
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`25.
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`Realtime admits that Apple seeks a judicial declaration, but denies that Defendant
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`is entitled to such a declaration and otherwise denied.
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`26.
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`Realtime admits that Apple seeks a declaration from this Court that the ‘442 Patent
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`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
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`denied.
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`FOURTH COUNTERCLAIM:
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`INVALIDITY OF THE ‘535 PATENT
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`27.
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`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
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`to any relief and otherwise denied.
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`28.
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`29.
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`30.
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`31.
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`Admitted.
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`Denied.
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`Denied.
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`Realtime admits that an actual controversy exists between Apple and Realtime as
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`to the validity of the ‘535 Patent. Otherwise denied.
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`32.
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`Realtime admits that Apple seeks a judicial declaration, but denies that Defendant
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`is entitled to such a declaration and otherwise denied.
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`33.
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`Realtime admits that Apple seeks a declaration from this Court that the ‘535 Patent
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`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
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`denied.
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`180430 RT Response to Apples CCs.docx
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`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 5 of 9
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`FIFTH COUNTERCLAIM:
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`INVALIDITY OF THE ‘298 PATENT
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`34.
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`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
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`35.
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`36.
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`37.
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`to any relief and otherwise denied.
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`Admitted.
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`Denied.
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`Realtime admits that an actual controversy exists between Apple and Realtime as
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`to the validity of the ‘298 Patent. Otherwise denied.
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`38.
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`Realtime admits that Apple seeks a judicial declaration, but denies that Defendant
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`is entitled to such a declaration and otherwise denied.
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`39.
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`Realtime admits that Apple seeks a declaration from this Court that the ‘298 Patent
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`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
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`denied.
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`SIXTH COUNTERCLAIM:
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`INVALIDITY OF THE ‘477 PATENT
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`40.
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`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
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`to any relief and otherwise denied.
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`41.
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`42.
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`43.
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`44.
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`Admitted.
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`Denied.
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`Denied.
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`Realtime admits that an actual controversy exists between Apple and Realtime as
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`to the validity of the ‘477 Patent. Otherwise denied.
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`180430 RT Response to Apples CCs.docx
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`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 6 of 9
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`45.
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`Realtime admits that Apple seeks a judicial, but denies that Defendant is entitled to
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`such a declaration and otherwise denied.
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`46.
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`Realtime admits that Apple seeks a declaration from this Court that the ‘477 Patent
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`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
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`denied.
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`47.
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`Denied.
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`EXCEPTIONAL CASE
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`JURY DEMAND
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`48.
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`Plaintiff demands a trial by jury of all issues so triable.
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`PRAY FOR RELIEF
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`In response to Defendant’s Prayer for Relief, Realtime denies that Defendant is entitled to
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`any relief, and in particular to any of the relief requested in paragraphs (a)-(e) of Defendant’s
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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 Defendant’s Counterclaims that the Asserted Patents
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`are not invalid and are enforceable, and that Defendant infringes the ‘477, ‘298, ‘535,
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`‘442, ‘462 and ‘046 patents.
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`b. An Order dismissing Defendant’s Counterclaims in their entirety and with prejudice;
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`c. A judgment in favor of Plaintiff that Defendant has infringed, literally and/or under the
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`doctrine of equivalents, the ‘477, ‘298, ‘535, ‘442, ‘462 and ‘046 patents.
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`d. A judgment and order requiring Defendant to pay Plaintiff its damages, costs, expenses,
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`and prejudgment and post-judgment interest for its infringement of the 477, ‘298, ‘535,
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`180430 RT Response to Apples CCs.docx
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`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 7 of 9
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`‘442, ‘462 and ‘046 patents, as provided under 35 U.S.C. § 284;
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`e. A judgment and order requiring Defendant to provide an accounting and to pay
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`supplemental damages to Realtime, including without limitation, prejudgment and post-
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`judgment interest;
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`f. A judgment and order finding that this is an exceptional case within the meaning of 35
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`U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees against Apple; 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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`180430 RT Response to Apples CCs.docx
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`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 8 of 9
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`DATED: April 30, 2018
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`Respectfully Submitted
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`By:
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`/s/ C. Jay Chung
`Marc A. Fenster (CA SBN 181067)
`Email: mfenster@raklaw.com
`Reza Mirzaie (CA SBN 246953)
`Email: rmirzaie@raklaw.com
`Brian D. Ledahl (CA SBN 186579)
`Email: bledahl@raklaw.com
`C. Jay Chung (CA SBN 252794)
`Email: jchung@raklaw.com
`Adam S. Hoffman (CA SBN 218740)
`Email: ahoffman@raklaw.com
`Paul Kroeger (CA SBN 229074)
`Email: pkroeger@raklaw.com
`Philip X. Wang (CA SBN 262239)
`Email: pwang@raklaw.com
`RUSS, AUGUST & KABAT
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Tel: (310) 826-747
`Fax: (310) 826-6991
`
`Eric B. Fenster (CO SBN 33264)
`Email: efenster@fensterlaw.net
`ERIC B. FENSTER LLC
`1522 Blake Street, Suite 200
`Denver, CO 80202
`Tel: (720) 943-3739
`Fax: (720) 255-0377
`
`Attorneys for Plaintiff
`REALTIME ADAPTIVE STREAMING,
`LLC
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`
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`180430 RT Response to Apples CCs.docx
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`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 9 of 9
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`CERTIFICATE OF SERVICE
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`I hereby certify that on April 30, 2018, I electronically filed a copy of the foregoing with
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`the Clerk of the Court using the Court’s CM/ECF System, which will send electronic notification
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`of such filing to counsel of record.
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`/s/ C. Jay Chung
`C. Jay Chung
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`180430 RT Response to Apples CCs.docx
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