Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 1 of 16
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`
`Civil Action No. 1:18-cv-01173-STV
`
`REALTIME ADAPTIVE STREAMING LLC,
`
`Plaintiff,
`
`v.
`
`ADVANCED MICRO DEVICES, INC.,
`
`Defendant.
`
`ANSWER
`
`Defendant Advanced Micro Devices, Inc. (“AMD”) respectfully submits its Answer in
`
`response to the Complaint for Patent Infringement (the “Complaint”), filed by Plaintiff Realtime
`
`Adaptive Streaming LLC (“Plaintiff” or “Realtime”). To the extent not specifically admitted
`
`herein, the allegations of the Complaint are denied.
`
`PARTIES
`
`1.
`
`Answering Paragraph 1, AMD is without knowledge or information sufficient to
`
`form a belief as to the truth of the allegations set forth therein, and on that basis denies them.
`
`2.
`
`Answering Paragraph 2, AMD admits that it is a Delaware corporation, with its
`
`principal executive offices at 2485 Augustine Dr., Santa Clara, CA 95054. AMD further admits
`
`that it has an office in Colorado at 2950 East Harmony Rd., Suite 300, Fort Collins, CO 80528.
`
`AMD further admits that its registered agent for service of process in Colorado is The
`
`Corporation Company, 7700 E. Arapahoe Road, Suite 220, Centennial, Colorado 80112-1268.
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 2 of 16
`
`AMD further admits that it offers certain products and/or services in Colorado and in this District.
`
`AMD denies any remaining allegations of Paragraph 2.
`
`JURISDICTION AND VENUE
`
`3.
`
`Answering Paragraph 3, AMD admits that the Complaint purports to be an action
`
`arising under the patent laws of the United States, Title 35 of the United States Code, but denies
`
`that Realtime’s claims have any factual or legal basis. AMD admits that this Court would have
`
`subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a) to the
`
`extent the Complaint purports to state claims for patent infringement arising under the patent
`
`laws of the United States, Title 35 of the United States Code.
`
`4.
`
`Answering Paragraph 4, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. AMD denies any remaining allegations
`
`in Paragraph 4 and specifically denies that it has committed acts of infringement within this
`
`District or elsewhere.
`
`5.
`
`Answering Paragraph 5, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD admits that it is registered to do business in Colorado. AMD denies any remaining
`
`allegations in Paragraph 5, and specifically denies that it has committed acts of infringement
`
`within this District or elsewhere and denies that venue is proper or convenient.
`
`THE PATENTS-IN-SUIT
`
`6. Answering Paragraph 6, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any
`
`allegations of fact, AMD admits that the Complaint purports to arise under 35 U.S.C § 271,
`
`2
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 3 of 16
`
`but denies that AMD has committed acts of infringement within this District or elsewhere.
`
`AMD is without knowledge or information sufficient to form a belief as to the truth of the
`
`remaining allegations in Paragraph 6, and on that basis denies them.
`
`7.
`
`Answering Paragraph 7, the allegations constitute conclusions of law as
`
`opposed to allegations of fact, and as such, no answer is required. To the extent there are any
`
`allegations of fact, AMD admits that Realtime purports to attach a copy of the ‘046 patent to
`
`the Complaint as Exhibit A. AMD is without knowledge or information sufficient to form a
`
`belief as to the truth of the remaining allegations in Paragraph 7, and on that basis denies
`
`them.
`
`8.
`
`Answering Paragraph 8, the allegations constitute conclusions of law as
`
`opposed to allegations of fact, and as such, no answer is required. To the extent there are any
`
`allegations of fact, AMD admits that Realtime purports to attach a copy of the ‘535 patent to
`
`the Complaint as Exhibit B. AMD is without knowledge or information sufficient to form a
`
`belief as to the truth of the remaining allegations in Paragraph 8, and on that basis denies
`
`them.
`
`9.
`
`Answering Paragraph 9, the allegations constitute conclusions of law as
`
`opposed to allegations of fact, and as such, no answer is required. To the extent there are any
`
`allegations of fact, AMD admits that Realtime purports to attach a copy of the ‘477 patent to
`
`the Complaint as Exhibit C. AMD is without knowledge or information sufficient to form a
`
`belief as to the truth of the remaining allegations in Paragraph 9, and on that basis denies
`
`them.
`
`3
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 4 of 16
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 7,386,046
`
`10.
`
`AMD incorporates each of its responses to Paragraphs 1-9 as though fully set
`
`forth herein.
`
`11.
`
`Answering Paragraph 11, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD admits that a document available at http://developer.amd.com/wordpress/media/
`
`2013/11/MediaSDK_User_Guide_1_1_Beta.pdf includes the statement “Fixed-function
`
`hardware accelerator that supports H.264 AVC, and SVC encoding.” AMD denies any
`
`remaining allegations in Paragraph 11, and specifically denies that it has committed acts of
`
`infringement within this District or elsewhere.
`
`12.
`
`Answering Paragraph 12, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD denies any such remaining allegations in Paragraph 12, and specifically denies that
`
`it has committed acts of infringement within this District or elsewhere.
`
`13.
`
`Answering Paragraph 13, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD denies any such remaining allegations in Paragraph 13, and specifically denies that
`
`it has committed acts of infringement within this District or elsewhere.
`
`14.
`
`Answering Paragraph 14, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD admits that a document available at http://developer.amd.com/wordpress/media/
`
`4
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 5 of 16
`
`2013/11/MediaSDK_User_Guide_1_1_Beta.pdf includes the statement “Fixed-function
`
`hardware accelerator that supports H.264 AVC, and SVC encoding.” AMD is without
`
`knowledge or information sufficient to form a belief as to the truth of the any remaining
`
`allegations in Paragraph 14, and on that basis denies them.
`
`15.
`
`Answering Paragraph 15, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`16.
`
`Answering Paragraph 16, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`17.
`
`Answering Paragraph 17, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`18.
`
`Answering Paragraph 18, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`19.
`
`Answering Paragraph 19, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`5
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 6 of 16
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`20.
`
`Answering Paragraph 20, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`21.
`
`Answering Paragraph 21, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`22.
`
`Answering Paragraph 22, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`23.
`
`Answering Paragraph 23, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD denies them and specifically denies any wrongdoing or infringement.
`
`24.
`
`Answering Paragraph 24, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD denies them and specifically denies any wrongdoing or infringement.
`
`25.
`
`Answering Paragraph 25, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD denies them and specifically denies any wrongdoing or infringement.
`
`26.
`
`Answering Paragraph 26, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD denies them and specifically denies any wrongdoing or infringement.
`
`6
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 7 of 16
`
`27.
`
`Answering Paragraph 27, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD denies them and specifically denies any wrongdoing or infringement.
`
`COUNT II
`
`INFRINGEMENT OF U.S. PATENT NO. 8,934,535
`
`28.
`
`AMD incorporates each of its responses to Paragraphs 1-27 as though fully set
`
`forth herein.
`
`29.
`
`Answering Paragraph 29, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD admits that a document available at http://developer.amd.com/wordpress/media/
`
`2013/11/MediaSDK_User_Guide_1_1_Beta.pdf includes the statement “Fixed-function
`
`hardware accelerator that supports H.264 AVC, and SVC encoding.” AMD denies any
`
`remaining allegations in Paragraph 29, and specifically denies that it has committed acts of
`
`infringement within this District or elsewhere.
`
`30.
`
`Answering Paragraph 30, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD denies any such remaining allegations in Paragraph 30, and specifically denies that
`
`it has committed acts of infringement within this District or elsewhere.
`
`31.
`
`Answering Paragraph 31, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`7
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 8 of 16
`
`32.
`
`Answering Paragraph 32, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`33.
`
`Answering Paragraph 33, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`34.
`
`Answering Paragraph 34, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`35.
`
`Answering Paragraph 35, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`36.
`
`Answering Paragraph 36, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`37.
`
`Answering Paragraph 37, AMD is without knowledge or information sufficient to
`
`form a belief as to the truth of the allegations set forth therein, and on that basis denies them.
`
`8
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 9 of 16
`
`38.
`
`Answering Paragraph 38, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`39.
`
`Answering Paragraph 39, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`40.
`
`Answering Paragraph 40, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`41.
`
`Answering Paragraph 41, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD denies them and specifically denies any wrongdoing or infringement.
`
`42.
`
`Answering Paragraph 42, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD admits that a document available at http://developer.amd.com/wordpress/media/
`
`2013/11/MediaSDK_User_Guide_1_1_Beta.pdf includes the statement “Fixed-function
`
`hardware accelerator that supports H.264 AVC, and SVC encoding.” AMD is without
`
`knowledge or information sufficient to form a belief as to the truth of any remaining allegations
`
`in Paragraph 42, and on that basis denies them.
`
`43.
`
`Answering Paragraph 43, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`44.
`
`Answering Paragraph 44, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`9
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 10 of 16
`
`45.
`
`Answering Paragraph 45, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`COUNT III
`
`INFRINGEMENT OF U.S. PATENT NO. 9,769,477
`
`46.
`
`AMD incorporates each of its responses to Paragraphs 1-45 as though fully set
`
`forth herein.
`
`47.
`
`Answering Paragraph 47, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD admits that a document available at http://developer.amd.com/wordpress/media/
`
`2013/11/MediaSDK_User_Guide_1_1_Beta.pdf includes the statement “Fixed-function
`
`hardware accelerator that supports H.264 AVC, and SVC encoding.” AMD denies any
`
`remaining allegations in Paragraph 47, and specifically denies that it has committed acts of
`
`infringement within this District or elsewhere.
`
`48.
`
`Answering Paragraph 48, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD denies any such remaining allegations in Paragraph 48, and specifically denies that
`
`it has committed acts of infringement within this District or elsewhere.
`
`49.
`
`Answering Paragraph 49, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`10
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 11 of 16
`
`50.
`
`Answering Paragraph 50, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`51.
`
`Answering Paragraph 51, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`52.
`
`Answering Paragraph 52, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`53.
`
`Answering Paragraph 53, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`54.
`
`Answering Paragraph 54, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`55.
`
`Answering Paragraph 55, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`11
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 12 of 16
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`56.
`
`Answering Paragraph 56, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`57.
`
`Answering Paragraph 57, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`58.
`
`Answering Paragraph 58, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`59.
`
`Answering Paragraph 59, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`60.
`
`Answering Paragraph 60, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD admits that a document available at http://developer.amd.com/wordpress/media/
`
`2013/11/MediaSDK_User_Guide_1_1_Beta.pdf includes the statement “Fixed-function
`
`hardware accelerator that supports H.264 AVC, and SVC encoding.” AMD is without
`
`knowledge or information sufficient to form a belief as to the truth of any remaining allegations
`
`in Paragraph 60, and on that basis denies them.
`
`61.
`
`Answering Paragraph 61, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required. To the extent there are any allegations
`
`of fact, AMD is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations set forth therein, and on that basis denies them.
`
`12
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 13 of 16
`
`62.
`
`Answering Paragraph 62, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`63.
`
`Answering Paragraph 63, the allegations constitute conclusions of law as opposed
`
`to allegations of fact, and as such, no answer is required.
`
`RESPONSE TO PRAYER FOR RELIEF
`
`AMD denies that it infringes or has infringed, either directly or indirectly, any valid and
`
`enforceable claim of the ’046, ’535, or ’477 patents. AMD further denies that Realtime is
`
`entitled to any of the relief requested against AMD as set forth in paragraphs (a) through (f) of
`
`the Prayer for Relief, or any other relief of any kind.
`
`RESPONSE TO JURY DEMAND
`
`AMD admits that the Complaint purports to demand a jury trial under Rule 38 of the
`
`Federal Rules of Civil Procedure.
`
`AFFIRMATIVE DEFENSES
`AMD alleges and asserts the following defenses in response to the allegations in the
`Complaint, undertaking the burden of proof only as to those defenses deemed affirmative
`defenses by law, regardless of how such defenses are denominated herein. In addition to the
`affirmative defenses described below, AMD specifically reserves all rights to allege additional
`defenses that become known through the course of discovery. For its affirmative defenses to the
`Complaint, AMD alleges as follows:
`
`13
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 14 of 16
`
`FIRST AFFIRMATIVE DEFENSE
`(Non-Infringement)
`
`AMD is not infringing and has not infringed, either literally or under the doctrine of
`
`equivalents, directly, by inducement, contributorily, willfully, or in any way, any valid,
`
`enforceable claim of the ’046, ’535, or ’477 patents.
`
`SECOND AFFIRMATIVE DEFENSE
`(Invalidity)
`
`One or more claims of the ’046, ’535, or ’477 patents are invalid and/or unenforceable
`
`for failure to comply with one or more provisions of 35 U.S.C. § 101 et seq., including without
`
`limitation the requirements in 35 U.S.C. §§ 101, 102, 103 and/or 112.
`
`THIRD AFFIRMATIVE DEFENSE
`(Prosecution History Estoppel)
`
`Realtime’s claims are barred or limited by the doctrine of prosecution history estoppel.
`
`FOURTH AFFIRMATIVE DEFENSE
`(Implied License/Exhaustion)
`
`Realtime’s claims are barred, in whole or in part, to the extent that any allegedly
`
`infringing products or components thereof are supplied, directly or indirectly, by an entity or
`
`entities having express or implied licenses to the ’046, ’535, or ’477 patents.
`
`FIFTH AFFIRMATIVE DEFENSE
`(Inconvenient Venue)
`
`Venue for this action is inconvenient in this district and would reside more properly in
`
`another district.
`
`14
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 15 of 16
`
`SIXTH AFFIRMATIVE DEFENSE
`(Limitations on Damages)
`
`Realtime’s claim for damages is limited, among other things, by 35 U.S.C. §§ 286 and
`
`287. Because Realtime did not put AMD on notice of a claim of infringement, no pre-suit
`
`damages are recoverable against AMD.
`
`SEVENTH AFFIRMATIVE DEFENSE
`(Lack of Standing)
`
`Realtime lacks standing to assert at least the ’535 patent because of certain rights that
`
`Realtime Data, LLC retains in the patent.
`
`EIGHTH AFFIRMATIVE DEFENSE
`(Reservation of Affirmative Defenses)
`
`AMD reserves all affirmative defenses under Rule 8(c) of the Federal Rules of Civil
`
`Procedure, the Patent Laws of the United States, and any other defenses at law or in equity that
`
`may exist now or that may be available in the future based on discovery and further factual
`
`investigation in this action.
`
`WHEREFORE, AMD denies that it infringes or has infringed, either directly or
`
`indirectly, any valid and enforceable claim of the ’046, ’535, or ’477 patents, and further denies
`
`that Realtime is entitled to any judgment against AMD whatsoever. AMD asks that the
`
`Complaint be dismissed with prejudice, that judgment be entered for AMD, and that AMD be
`
`awarded its attorneys’ fees and costs incurred in this action, together with such other relief the
`
`Court deems appropriate. AMD further reserves the right to seek dismissal and/or transfer based
`
`on inconvenient venue as alleged above.
`
`
`
`15
`
`

`

`Case 1:18-cv-01173-RM-STV Document 16 Filed 06/28/18 USDC Colorado Page 16 of 16
`
`Dated: June 28, 2018
`
`
`Respectfully submitted,
`
`
`
`/s/ Kathryn A. Reilly
`Kathryn A. Reilly
`Wheeler Trigg O’Donnell LLP
`370 Seventeenth Street, Suite 4500
`Denver, CO 80202-5647
`Telephone:
`303.244.1800
`Facsimile:
`303.244.1879
`Email: reilly@wtotrial.com
`
`Richard G. Frenkel (admission pending)
`Lisa K. Nguyen (admission pending)
`LATHAM & WATKINS LLP
`140 Scott Drive
`Menlo Park, CA 94025-1008
`Telephone:
`(650) 328-4600
`Facsimile:
`(650) 463-2600
`Email: rick.frenkel@lw.com
`
`lisa.nguyen@lw.com
`
`ATTORNEYS FOR DEFENDANT
`ADVANCED MICRO DEVICES, INC.
`
`
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that on June 28, 2018, I electronically filed the foregoing
`ANSWER with the Clerk of Court using the CM/ECF system which will send notification of
`such filing to all counsel of record.
`
`
`
`s/ Claudia Jones
`
`16
`
`