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Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 1 of 9
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`
`
`REALTIME ADAPTIVE STREAMING, LLC,
`
`
`
`vs.
`
`SLING TV, L.L.C., et al.,
`
`
`
`Plaintiff,
`
`Defendants.
`
`
`REALTIME ADAPTIVE STREAMING, LLC,
`
`Lead Case No. 1:17-CV-02097-RBJ
`
`
`
`
`
`Case No. 1:17-CV-02869-RBJ-STV
`
`
`
`Plaintiff,
`
` Defendant.
`
`vs.
`
`APPLE INC.,
`
`
`
`
`
`
`
`
`
`
`
`PLAINTIFF REALTIME ADAPTIVE STREAMING LLC’S ANSWER TO DEFENDANT
`
`APPLE INC.’S COUNTERCLAIMS
`
`180430 RT Response to Apples CCs.docx
`
`
`
`
`
`
`
`

`

`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 2 of 9
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`
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`
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`Plaintiff Realtime Adaptive Streaming LLC (“Realtime”) responds to Defendant Apple
`
`Inc.’s (“Apple’”) Counterclaims as follows:
`
`APPLE’S COUNTERCLAIMS
`
`
`Admitted.
`
`Admitted that Realtime has places of business at 1828 E.S.E. Loop 323, Tyler,
`
`Texas 75701. Otherwise denied.
`
`Admitted.
`
`Admitted.
`
`Admitted.
`
`FIRST COUNTERCLAIM:
`
`INVALIDITY OF THE ‘046 PATENT
`
`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
`
`to any relief and otherwise denied.
`
`Admitted.
`
`Denied.
`
`Denied.
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`Realtime admits that an actual controversy exists between Apple and Realtime as
`
`to the validity of the ‘046 Patent. Otherwise denied.
`
`11.
`
`Realtime admits that Apple seeks a judicial declaration, but denies that Defendant
`
`is entitled to such a declaration and otherwise denied.
`
`12.
`
`Realtime admits that Apple seeks a declaration from this Court that the ‘046 Patent
`
`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
`
`180430 RT Response to Apples CCs.docx
`
`1
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`

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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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`
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`
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`denied.
`
`SECOND COUNTERCLAIM:
`
`INVALIDITY OF THE ‘462 PATENT
`
`13.
`
`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
`
`to any relief and otherwise denied.
`
`14.
`
`15.
`
`16.
`
`17.
`
`Admitted.
`
`Denied.
`
`Denied.
`
`Realtime admits that an actual controversy exists between Apple and Realtime as
`
`to the validity of the ‘462 Patent. Otherwise denied.
`
`18.
`
`Realtime admits that Apple seeks a judicial declaration, but denies that Defendant
`
`is entitled to such a declaration and otherwise denied.
`
`19.
`
`Realtime admits that Apple seeks a declaration from this Court that the ‘462 Patent
`
`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
`
`denied.
`
`THIRD COUNTERCLAIM:
`
`INVALIDITY OF THE ‘442 PATENT
`
`20.
`
`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
`
`to any relief and otherwise denied.
`
`21.
`
`22.
`
`Admitted.
`
`Denied.
`
`180430 RT Response to Apples CCs.docx
`
`2
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`

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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.
`
`24.
`
`Denied.
`
`Realtime admits that an actual controversy exists between Apple and Realtime as
`
`to the validity of the ‘442 Patent. Otherwise denied.
`
`25.
`
`Realtime admits that Apple seeks a judicial declaration, but denies that Defendant
`
`is entitled to such a declaration and otherwise denied.
`
`26.
`
`Realtime admits that Apple seeks a declaration from this Court that the ‘442 Patent
`
`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
`
`denied.
`
`FOURTH COUNTERCLAIM:
`
`INVALIDITY OF THE ‘535 PATENT
`
`27.
`
`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
`
`to any relief and otherwise denied.
`
`28.
`
`29.
`
`30.
`
`31.
`
`Admitted.
`
`Denied.
`
`Denied.
`
`Realtime admits that an actual controversy exists between Apple and Realtime as
`
`to the validity of the ‘535 Patent. Otherwise denied.
`
`32.
`
`Realtime admits that Apple seeks a judicial declaration, but denies that Defendant
`
`is entitled to such a declaration and otherwise denied.
`
`33.
`
`Realtime admits that Apple seeks a declaration from this Court that the ‘535 Patent
`
`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
`
`denied.
`
`180430 RT Response to Apples CCs.docx
`
`3
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`

`

`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 5 of 9
`
`
`
`FIFTH COUNTERCLAIM:
`
`INVALIDITY OF THE ‘298 PATENT
`
`34.
`
`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
`
`35.
`
`36.
`
`37.
`
`to any relief and otherwise denied.
`
`Admitted.
`
`Denied.
`
`Realtime admits that an actual controversy exists between Apple and Realtime as
`
`to the validity of the ‘298 Patent. Otherwise denied.
`
`38.
`
`Realtime admits that Apple seeks a judicial declaration, but denies that Defendant
`
`is entitled to such a declaration and otherwise denied.
`
`39.
`
`Realtime admits that Apple seeks a declaration from this Court that the ‘298 Patent
`
`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
`
`denied.
`
`SIXTH COUNTERCLAIM:
`
`INVALIDITY OF THE ‘477 PATENT
`
`40.
`
`Admitted that Apple purports to state a counterclaim. Denied that Apple is entitled
`
`to any relief and otherwise denied.
`
`41.
`
`42.
`
`43.
`
`44.
`
`Admitted.
`
`Denied.
`
`Denied.
`
`Realtime admits that an actual controversy exists between Apple and Realtime as
`
`to the validity of the ‘477 Patent. Otherwise denied.
`
`180430 RT Response to Apples CCs.docx
`
`4
`
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`
`
`
`

`

`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 6 of 9
`
`
`
`45.
`
`Realtime admits that Apple seeks a judicial, but denies that Defendant is entitled to
`
`such a declaration and otherwise denied.
`
`46.
`
`Realtime admits that Apple seeks a declaration from this Court that the ‘477 Patent
`
`is invalid, but denies that Defendant is entitled to such a declaration and otherwise
`
`denied.
`
`47.
`
`Denied.
`
`EXCEPTIONAL CASE
`
`JURY DEMAND
`
`48.
`
`Plaintiff demands a trial by jury of all issues so triable.
`
`PRAY FOR RELIEF
`
`
`
`In response to Defendant’s Prayer for Relief, Realtime denies that Defendant is entitled to
`
`any relief, and in particular to any of the relief requested in paragraphs (a)-(e) of Defendant’s
`
`Prayer for Relief, and further requests that the Court enter such preliminary and final orders and
`
`judgments as are necessary to provide Realtime with the following requested relief:
`
`a. A Judgment in favor of Realtime on Defendant’s Counterclaims that the Asserted Patents
`
`are not invalid and are enforceable, and that Defendant infringes the ‘477, ‘298, ‘535,
`
`‘442, ‘462 and ‘046 patents.
`
`b. An Order dismissing Defendant’s Counterclaims in their entirety and with prejudice;
`
`c. A judgment in favor of Plaintiff that Defendant has infringed, literally and/or under the
`
`doctrine of equivalents, the ‘477, ‘298, ‘535, ‘442, ‘462 and ‘046 patents.
`
`d. A judgment and order requiring Defendant to pay Plaintiff its damages, costs, expenses,
`
`and prejudgment and post-judgment interest for its infringement of the 477, ‘298, ‘535,
`
`180430 RT Response to Apples CCs.docx
`
`5
`
`
`
`
`
`

`

`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 7 of 9
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`
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`‘442, ‘462 and ‘046 patents, as provided under 35 U.S.C. § 284;
`
`e. A judgment and order requiring Defendant to provide an accounting and to pay
`
`supplemental damages to Realtime, including without limitation, prejudgment and post-
`
`judgment interest;
`
`f. A judgment and order finding that this is an exceptional case within the meaning of 35
`
`U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees against Apple; and
`
`g. Any and all other relief as the Court may deem appropriate and just under the
`
`circumstances.
`
`
`
`180430 RT Response to Apples CCs.docx
`
`6
`
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`
`
`
`

`

`Case 1:17-cv-02097-RBJ Document 96 Filed 04/30/18 USDC Colorado Page 8 of 9
`
`
`
`DATED: April 30, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted
`
`
`
`By:
`
`/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
`
`
`
`180430 RT Response to Apples CCs.docx
`
`7
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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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`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on April 30, 2018, I electronically filed a copy of the foregoing with
`
`the Clerk of the Court using the Court’s CM/ECF System, which will send electronic notification
`
`of such filing to counsel of record.
`
`
`
`
`
`/s/ C. Jay Chung
`C. Jay Chung
`
`
`
`
`
`180430 RT Response to Apples CCs.docx
`
`1
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