Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 1 of 23
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` IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`
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`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
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`
`
`THE UNITED STATES,
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`
`
`
`
`
`
`
`
`
`
`
`
`No. 19-859 C
`
`Judge Ryan T. Holte
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`Defendant.
`
`DEFENDANT’S ANSWER TO PLAINTIFFS’ AMENDED COMPLAINT
`
`Pursuant to Rules 8 and 12 of the Rules of the United States Court of Federal Claims, the
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`United States (“Defendant”) hereby answers the allegations made in each of the numbered
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`paragraphs of Plaintiffs’ Amended Complaint filed on August 26, 2020. Each numbered
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`paragraph 1 to 124 below responds to the corresponding numbered paragraph of the Amended
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`Complaint. Upon current information and belief, all allegations of the Amended Complaint are
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`denied except to the extent expressly admitted below.
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`THE PARTIES
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`1.
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`The allegations in paragraph 1 are a plaintiff’s characterizations of itself, to which
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`no response is required. To the extent required, Defendant admits that Plaintiff e-Numerate
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`Solutions, Inc. (“ESI”) is named as a plaintiff in this action, and that the online business entity
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`database of the State of Delaware identifies “E-NUMERATE SOLUTIONS INCORPORATED”
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`as a corporation. Defendant denies the remainder of the allegations for lack of knowledge or
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`information sufficient to form a belief as to their truth.
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`2.
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`The allegations in paragraph 2 are a plaintiff’s characterizations of itself, to which
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`no response is required. To the extent required, Defendant admits that Plaintiff e-Numerate,
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`-1-
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` IN THE UNITED STATES COURT OF FEDERAL CLAIMS
`
`
`
`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
`
`
`
`
`
`THE UNITED STATES,
`
`
`
`
`
`
`
`
`
`
`
`
`
`No. 19-859 C
`
`Judge Ryan T. Holte
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`Defendant.
`
`DEFENDANT’S ANSWER TO PLAINTIFFS’ AMENDED COMPLAINT
`
`Pursuant to Rules 8 and 12 of the Rules of the United States Court of Federal Claims, the
`
`
`
`
`United States (“Defendant”) hereby answers the allegations made in each of the numbered
`
`paragraphs of Plaintiffs’ Amended Complaint filed on August 26, 2020. Each numbered
`
`paragraph 1 to 124 below responds to the corresponding numbered paragraph of the Amended
`
`Complaint. Upon current information and belief, all allegations of the Amended Complaint are
`
`denied except to the extent expressly admitted below.
`
`THE PARTIES
`
`1.
`
`The allegations in paragraph 1 are a plaintiff’s characterizations of itself, to which
`
`no response is required. To the extent required, Defendant admits that Plaintiff e-Numerate
`
`Solutions, Inc. (“ESI”) is named as a plaintiff in this action, and that the online business entity
`
`database of the State of Delaware identifies “E-NUMERATE SOLUTIONS INCORPORATED”
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`as a corporation. Defendant denies the remainder of the allegations for lack of knowledge or
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`information sufficient to form a belief as to their truth.
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`2.
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`The allegations in paragraph 2 are a plaintiff’s characterizations of itself, to which
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`no response is required. To the extent required, Defendant admits that Plaintiff e-Numerate,
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`-1-
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 2 of 23
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`LLC is named as a plaintiff in this action, and that the online business entity database of the State
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`of Delaware identifies “ENUMERATE, LLC” as a limited liability company. Defendant denies
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`the remainder of the allegations for lack of knowledge or information sufficient to form a belief
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`as to their truth.
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`3.
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`The allegations contained in paragraph 3 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits that the first page of each of the
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`“Asserted Patents” identifies “e-Numerate Solutions, Inc.” as “Assignee.” Defendant denies the
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`remainder of the allegations for lack of knowledge or information sufficient to form a belief as to
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`their truth.
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`4.
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`With respect to paragraph 4 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`5.
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`With respect to paragraph 5 of the Amended Complaint, Defendant admits that
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`Plaintiffs have identified the United States as the Defendant, and that the U.S. Securities and
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`Exchange Commission (“SEC”) is an independent federal agency of the United States.
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`Defendant denies any remaining allegations.
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`ALLEGED JURISDICTION AND VENUE
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`6.
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`The allegations contained in paragraph 6 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits that 35 U.S.C. § 271 provides a
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`cause of action for patent infringement against private parties, but denies that it provides a cause
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`of action against the United States. Defendant denies any remaining allegations.
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`7.
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`The allegations contained in paragraph 7 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits that 28 U.S.C. § 1498(a)
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`-2-
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 3 of 23
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`confers jurisdiction with the United States Court of Federal Claims. Defendant denies any
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`remaining allegations.
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`ALLEGED PRIOR LITIGATION INVOLVING THE ‘355, ‘816, ‘383 AND ‘748
`PATENTS
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`8.
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`9.
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`10.
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`11.
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`Defendant admits the allegations in paragraph 8 of the Amended Complaint.
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`Defendant admits the allegations in paragraph 9 of the Amended Complaint.
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`Defendant admits the allegations in paragraph 10 of the Amended Complaint.
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`The allegations contained in paragraph 11 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits the allegations to the extent
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`supported by the document cited, which is the best evidence of its contents; otherwise denies the
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`allegations.
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`12.
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`The allegations contained in paragraph 12 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits the allegations to the extent
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`supported by the document cited, which is the best evidence of its contents; otherwise denies the
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`allegations.
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`ALLEGED BACKGROUND OF THE TECHNOLOGY
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`13. With respect to paragraph 13 of the Amended Complaint, Defendant admits that
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`Russell T. Davis is identified as an inventor on the Asserted Patents. Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`and on that basis denies the same.
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`14. With respect to paragraph 14 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 4 of 23
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`15. With respect to paragraph 15 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`a.
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`With respect to paragraph 15.a of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`b.
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`With respect to paragraph 15.b of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`c.
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` With respect to paragraph 15.c of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`d.
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`With respect to paragraph 15.d of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`16. With respect to paragraph 16 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`
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`a.
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`With respect to paragraph 16.a of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 5 of 23
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`b.
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`With respect to paragraph 16.b of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`c.
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`With respect to paragraph 16.c of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`i. With respect to paragraph 16.c.i of the Amended Complaint,
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`Defendant is without knowledge or information sufficient to form a belief as to the truth of the
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`allegations and on that basis denies the same.
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`ii. With respect to paragraph 16.c.ii of the Amended Complaint,
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`Defendant is without knowledge or information sufficient to form a belief as to the truth of the
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`allegations and on that basis denies the same.
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`iii. With respect to paragraph 16.c.iii of the Amended Complaint,
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`Defendant is without knowledge or information sufficient to form a belief as to the truth of the
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`allegations and on that basis denies the same.
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`iv. With respect to paragraph 16.c.iv of the Amended Complaint,
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`Defendant is without knowledge or information sufficient to form a belief as to the truth of the
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`allegations and on that basis denies the same.
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`17. With respect to paragraph 17 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 6 of 23
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`a.
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`With respect to paragraph 17.a of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`b.
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`With respect to paragraph 17.b of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`c.
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`With respect to paragraph 17.c of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`18. With respect to paragraph 18 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`a.
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`With respect to paragraph 18.a of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`b.
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`With respect to paragraph 18.b of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`19.
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` With respect to paragraph 19 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 7 of 23
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`20. With respect to paragraph 20 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`21. With respect to paragraph 21 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`22. With respect to paragraph 22 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`23. With respect to paragraph 23 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`24. With respect to paragraph 24 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`25. With respect to paragraph 25 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`a.
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`With respect to paragraph 25.a of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 8 of 23
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`b.
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`With respect to paragraph 25.b of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`c.
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`With respect to paragraph 25.c of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`26. With respect to paragraph 26 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`27. With respect to paragraph 27 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`a.
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`With respect to paragraph 27.a of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`b.
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`With respect to paragraph 27.b of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`c.
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`With respect to paragraph 27.c of the Amended Complaint, Defendant is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations and
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`on that basis denies the same.
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`ALLEGED BACKGROUND OF THE ACCUSED PRODUCTS
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`28.
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`The allegations contained in paragraph 28 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits the allegations to the extent
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 9 of 23
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`supported by its Statement of Interest, which is the best evidence of its contents; otherwise
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`Defendant is without knowledge or information sufficient to form a belief as to the truth of the
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`remaining allegations and on that basis denies the same.
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`29. With respect to paragraph 29 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`30. With respect to paragraph 30 of the Amended Complaint, Defendant admits that
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`the Uniform Resource Locator address links to an SEC webpage where certain XBRL-compliant
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`documents relating to Mattress Firm are available. Defendant is without knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations and on that
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`basis denies the same.
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`31. With respect to paragraph 31 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`32. With respect to paragraph 32 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`COUNT I: ALLEGED INFRINGEMENT OF THE U.S. PATENT 7,650,355
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`33.
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`To the extent that a response is required, Defendant incorporates by reference
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`each of its above responses to the numbered paragraphs 1-32 of the Amended Complaint.
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`34. With respect to paragraph 34 of the Amended Complaint, Defendant admits that
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`the USPTO issued U.S. Patent No. 7,650,355 on January 19, 2010, listing Russell T. Davis as the
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`inventor. Defendant admits that Exhibit C appears to be a copy of the ‘355 patent. To the extent
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`that the phrase “duly and legally issued” implies that the claims of the patent are valid,
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 10 of 23
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`Defendant denies the same. Defendant is without knowledge or information sufficient to form a
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`belief as to the truth of the remaining averments and denies the same.
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`35. With respect to paragraph 35 of the Amended Complaint, Defendant admits that,
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`during prosecution of the application which issued as the ’355 patent, the USPTO rejected at
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`least one claim under 35 U.S.C. § 101 and that the rejections on that basis were overcome;
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`otherwise denies the allegations.
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`36. With respect to paragraph 36 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations relating to
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`the quotations without citation to their source and on that basis denies the same. Defendant
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`denies any remaining allegations.
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`37. With respect to paragraph 37 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations relating to
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`the quotations without citation to their source and on that basis denies the same. Defendant
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`denies any remaining allegations.
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`38. With respect to paragraph 38 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations relating to
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`the quotations without citation to their source and on that basis denies the same. Defendant
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`denies any remaining allegations.
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`39.
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`The allegations contained in paragraph 39 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits the allegations to the extent
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`supported by its Statement of Interest, which is the best evidence of its contents; otherwise
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`Defendant denies the allegations.
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`40.
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`Defendant denies the allegations in paragraph 40 of the Amended Complaint.
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`41.
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`The allegations contained in paragraph 41 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits the allegations to the extent
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`supported by its Statement of Interest, which is the best evidence of its contents; otherwise
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`Defendant denies the allegations.
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`42.
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`Defendant denies the allegations in paragraph 42 of the Amended Complaint.
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`43. With respect to paragraph 43 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`44. With respect to paragraph 44 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
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`45.
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`46.
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`47.
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`Defendant denies the allegations in paragraph 45 of the Amended Complaint.
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`Defendant denies the allegations in paragraph 46 of the Amended Complaint.
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`Defendant denies the allegations in paragraph 47 of the Amended Complaint.
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`COUNT II: ALLEGED INFRINGEMENT OF THE ‘816 PATENT
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`48.
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`To the extent that a response is required, Defendant incorporates by reference
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`each of its above responses to the numbered paragraphs 1-47 of the Amended Complaint.
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`49. With respect to paragraph 49 of the Amended Complaint, Defendant admits that
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`the USPTO issued U.S. Patent No. 8,185,816 on May 22, 2012, listing Russell T. Davis as the
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`inventor. Defendant admits that Exhibit E appears to be a copy of the ‘816 patent. To the extent
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`that the phrase “duly and legally issued” implies that the claims of the patent are valid,
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`Defendant denies the same. Defendant is without knowledge or information sufficient to form a
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`belief as to the truth of the remaining averments and denies the same.
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`50. With respect to paragraph 50 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
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`basis denies the same.
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`51. With respect to paragraph 51 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations relating to
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`the quotations without citation to their source and on that basis denies the same. Defendant
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`denies any remaining allegations.
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`52. With respect to paragraph 52 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations relating to
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`the quotations without citation to their source and on that basis denies the same. Defendant
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`denies any remaining allegations.
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`53.
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`The allegations contained in paragraph 53 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits the allegations to the extent
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`supported by its Statement of Interest, which is the best evidence of its contents; otherwise
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`Defendant denies the allegations.
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`54.
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`55.
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`Defendant denies the allegations in paragraph 54 of the Amended Complaint.
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`The allegations contained in paragraph 55 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits the allegations to the extent
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`supported by its Statement of Interest, which is the best evidence of its contents; otherwise
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`Defendant denies the allegations.
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`56.
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`Defendant denies the allegations in paragraph 56 of the Amended Complaint.
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`57. With respect to paragraph 57 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
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`58. With respect to paragraph 58 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
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`59.
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`60.
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`61.
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`Defendant denies the allegations in paragraph 59 of the Amended Complaint.
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`Defendant denies the allegations in paragraph 60 of the Amended Complaint.
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`Defendant denies the allegations in paragraph 61 of the Amended Complaint.
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`COUNT III: ALLEGED INFRINGEMENT OF THE ‘383 PATENT
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`62.
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`To the extent that a response is required, Defendant incorporates by reference
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`each of its above responses to the numbered paragraphs 1 to 61 of the Amended Complaint.
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`63. With respect to paragraph 63 of the Amended Complaint, Defendant admits that
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`the USPTO issued U.S. Patent No. 9,262,383 on February 16, 2016, listing Russell T. Davis as
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`the inventor. Defendant admits that Exhibit G appears to be a copy of the ‘383 patent. To the
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`extent that the phrase “duly and legally issued” implies that the claims of the patent are valid,
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`Defendant denies the same. Defendant is without knowledge or information sufficient to form a
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`belief as to the truth of the remaining averments and denies the same.
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`64. With respect to paragraph 64 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
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`65. With respect to paragraph 65 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
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`66. With respect to paragraph 66 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
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`67.
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`The allegations contained in paragraph 67 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits the allegations to the extent
`
`supported by its Statement of Interest, which is the best evidence of its contents; otherwise
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`Defendant denies the allegations.
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`68.
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`69.
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`Defendant denies the allegations in paragraph 68 of the Amended Complaint.
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`The allegations contained in paragraph 69 constitute conclusions of law to which
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`no answer is required. To the extent required, Defendant admits the allegations to the extent
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`supported by its Statement of Interest, which is the best evidence of its contents; otherwise
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`Defendant denies the allegations.
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`70.
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`Defendant denies the allegations in paragraph 70 of the Amended Complaint.
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`71. With respect to paragraph 71 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
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`72. With respect to paragraph 72 of the Amended Complaint, Defendant is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
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`73.
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`74.
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`75.
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`Defendant denies the allegations in paragraph 73 of the Amended Complaint.
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`Defendant denies the allegations in paragraph 74 of the Amended Complaint.
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`Defendant denies the allegations in paragraph 75 of the Amended Complaint.
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`COUNT IV: ALLEGED INFRINGEMENT OF THE ‘384 PATENT
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`76.
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`To the extent that a response is required, Defendant incorporates by reference
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`each of its above responses to the numbered paragraphs 1 to 75 of the Amended Complaint.
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`77. With respect to paragraph 77 of the Amended Complaint, Defendant admits that
`
`the USPTO issued U.S. Patent No. 9,262,384 on February 16, 2016, listing Russell T. Davis as
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`the inventor. Defendant admits that Exhibit I appears to be a copy of the ‘384 patent. To the
`
`extent that the phrase “duly and legally issued” implies that the claims of the patent are valid,
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`Defendant denies the same. Defendant is without knowledge or information sufficient to form a
`
`belief as to the truth of the remaining averments and denies the same.
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`78. With respect to paragraph 78 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`79. With respect to paragraph 79 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`80. With respect to paragraph 80 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`81.
`
`The allegations contained in paragraph 81 constitute conclusions of law to which
`
`no answer is required. To the extent required, Defendant admits the allegations to the extent
`
`supported by its Statement of Interest, which is the best evidence of its contents; otherwise
`
`Defendant denies the allegations.
`
`82.
`
`Defendant denies the allegations in paragraph 82 of the Amended Complaint.
`
`-15-
`
`
`
`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 16 of 23
`
`83. With respect to paragraph 83 of the Amended Complaint, Defendant admits the
`
`allegations to the extent reflected by the United States’ grant of its authorization and consent for
`
`the defendants in District of Delaware Case No. 17-cv-933 to use XBRL to file documents with
`
`the SEC pursuant to federal regulation; otherwise denies the allegations.
`
`84.
`
`Defendant denies the allegations in paragraph 84 of the Amended Complaint.
`
`85. With respect to paragraph 85 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`86. With respect to paragraph 86 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`87.
`
`88.
`
`89.
`
`Defendant denies the allegations in paragraph 87 of the Amended Complaint.
`
`Defendant denies the allegations in paragraph 88 of the Amended Complaint.
`
`Defendant denies the allegations in paragraph 89 of the Amended Complaint.
`
`COUNT V: ALLEGED INFRINGEMENT OF THE ‘748 PATENT
`
`90.
`
`To the extent that a response is required, Defendant incorporates by reference
`
`each of its above responses to the numbered paragraphs 1 to 89 of the Amended Complaint.
`
`91. With respect to paragraph 91 of the Amended Complaint, Defendant admits that
`
`the USPTO issued U.S. Patent No. 9,268,748 on February 16, 2016, listing Russell T. Davis as
`
`the inventor. Defendant admits that Exhibit K appears to be a copy of the ‘748 patent. To the
`
`extent that the phrase “duly and legally issued” implies that the claims of the patent are valid,
`
`Defendant denies the same. Defendant is without knowledge or information sufficient to form a
`
`belief as to the truth of the remaining averments and denies the same.
`
`-16-
`
`
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 17 of 23
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`92. With respect to paragraph 92 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`93. With respect to paragraph 93 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`94. With respect to paragraph 94 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`95.
`
`The allegations contained in paragraph 95 constitute conclusions of law to which
`
`no answer is required. To the extent required, Defendant admits the allegations to the extent
`
`supported by its Statement of Interest, which is the best evidence of its contents; otherwise
`
`Defendant denies the allegations.
`
`96.
`
`97.
`
`Defendant denies the allegations in paragraph 96 of the Amended Complaint.
`
`The allegations contained in paragraph 97 constitute conclusions of law to which
`
`no answer is required. To the extent required, Defendant admits the allegations to the extent
`
`supported by its Statement of Interest, which is the best evidence of its contents; otherwise
`
`Defendant denies the allegations.
`
`98.
`
`Defendant denies the allegations in paragraph 98 of the Amended Complaint.
`
`99. With respect to paragraph 99 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`-17-
`
`
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 18 of 23
`
`100. With respect to paragraph 100 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`101. Defendant denies the allegations in paragraph 101 of the Amended Complaint.
`
`102. Defendant denies the allegations in paragraph 102 of the Amended Complaint.
`
`103. Defendant denies the allegations in paragraph 103 of the Amended Complaint.
`
`COUNT VI: ALLEGED INFRINGEMENT OF THE ‘842 PATENT
`
`104. To the extent that a response is required, Defendant incorporates by reference
`
`each of its above responses to the numbered paragraphs 1 to 103 of the Amended Complaint.
`
`105. With respect to paragraph 105 of the Amended Complaint, Defendant admits that
`
`the USPTO issued U.S. Patent No. 9,600,842 on March 21, 2017, listing Russell T. Davis as the
`
`inventor. Defendant admits that Exhibit M appears to be a copy of the ‘748 patent. To the
`
`extent that the phrase “duly and legally issued” implies that the claims of the patent are valid,
`
`Defendant denies the same. Defendant is without knowledge or information sufficient to form a
`
`belief as to the truth of the remaining averments and denies the same.
`
`106. With respect to paragraph 106 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`107. With respect to paragraph 107 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`108. With respect to paragraph 108 of the Amended Complaint, Defendant is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations and on that
`
`basis denies the same.
`
`-18-
`
`
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`Case 1:19-cv-00859-RTH Document 32 Filed 09/16/20 Page 19 of 23
`
`109. The allegations contained in paragraph 109 constitute conclusions of law to which
`
`no answer is required. To the extent required, Defendant admits the allegations to the extent
`
`supported by its Statement of Interest, which is the best evidence of its contents; otherwise
`
`Defendant denies the allegations.
`
`110. Defendant denies the allegations in paragraph 110 of the Amended Complaint.
`
`COUNT VII: ALLEGED INFRINGEMENT OF THE ‘337 PATENT
`
`111. To the extent that a response is required, Defendant incorporates by reference
`
`each of its above responses to the numbered paragraphs 1 to 110 of the Amended Complaint.
`
`112. With respect to paragraph 112 of the Amended Complaint, Defendant admits
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