Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 1 of 43 PageID #: 8580
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`C.A. No. 12-574 (LPS)(CJB)
`(CONSOLIDATED)
`
`
`
`) ) ) ) ) ) ) ) ) ) ) ) )
`
`
`
`ROBERT BOSCH LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`ALBEREE PRODUCTS, INC., API KOREA
`CO., LTD., SAVER AUTOMOTIVE
`PRODUCTS, INC., and COSTCO
`WHOLESALE CORPORATION,
`
`
`Defendants.
`
`
`
`COSTCO WHOLESALE CORPORATION,
`
`
`Counter-Plaintiff,
`
`
`
`v.
`
`) ) ) ) ) ) ) ) ) ) )
`
`
`ROBERT BOSCH LLC and ROBERT BOSCH
`GmbH,
`
`
`Counter-Defendants.
`
`
`
`ANSWER AND COUNTERCLAIMS
`
`Defendant Costco Wholesale Corporation (“Costco”), for its answer to the Second
`
`Amended Complaint (“Complaint”):
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`1.
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`2.
`
`Costco admits the allegations of paragraph 1 of the Complaint.
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`Costco admits the allegations of paragraph 2 of the Complaint.
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`DEFENDANTS AND ACCUSED PRODUCTS
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`3.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 3 and accordingly denies the same.
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`C.A. No. 12-574 (LPS)(CJB)
`(CONSOLIDATED)
`
`
`
`) ) ) ) ) ) ) ) ) ) ) ) )
`
`
`
`ROBERT BOSCH LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`ALBEREE PRODUCTS, INC., API KOREA
`CO., LTD., SAVER AUTOMOTIVE
`PRODUCTS, INC., and COSTCO
`WHOLESALE CORPORATION,
`
`
`Defendants.
`
`
`
`COSTCO WHOLESALE CORPORATION,
`
`
`Counter-Plaintiff,
`
`
`
`v.
`
`) ) ) ) ) ) ) ) ) ) )
`
`
`ROBERT BOSCH LLC and ROBERT BOSCH
`GmbH,
`
`
`Counter-Defendants.
`
`
`
`ANSWER AND COUNTERCLAIMS
`
`Defendant Costco Wholesale Corporation (“Costco”), for its answer to the Second
`
`Amended Complaint (“Complaint”):
`
`1.
`
`2.
`
`Costco admits the allegations of paragraph 1 of the Complaint.
`
`Costco admits the allegations of paragraph 2 of the Complaint.
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`DEFENDANTS AND ACCUSED PRODUCTS
`
`3.
`
`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 3 and accordingly denies the same.
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`
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 2 of 43 PageID #: 8581
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`4.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 4 and accordingly denies the same.
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`5.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 5 and accordingly denies the same.
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`6.
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`7.
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`Costco admits the allegations of paragraph 6 of the Complaint.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 7 and accordingly denies the same.
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`8.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 8 and accordingly denies the same.
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`9.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 9 and accordingly denies the same.
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`10.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 10 and accordingly denies the same.
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`11.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 11 and accordingly denies the same.
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`12.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 12 and accordingly denies the same.
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`13.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 13 and accordingly denies the same.
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`14.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 14 and accordingly denies the same.
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`15.
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`Costco admits that certain Goodyear Hybrid wiper products are currently sold
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`in Costco stores in the United States and that certain Goodyear Assurance wiper products
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 3 of 43 PageID #: 8582
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`were formerly sold in Costco stores in the United States, and except as so admitted denies the
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`allegations of paragraph 15 of the Complaint.
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`16.
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`Costco admits that Saver is the exclusive seller of Goodyear Hybrid wiper
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`products to Costco, and except as so admitted denies the allegations of paragraph 16 of the
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`Complaint.
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`17.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 17 of the Complaint.
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`18.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 18 and accordingly denies the same.
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`19.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 19 and accordingly denies the same.
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`20.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 20 and accordingly denies the same.
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`21.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 21 and accordingly denies the same.
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`COUNT ONE – U.S. PATENT NO. 6,523,218
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`22.
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`Costco incorporates its responses to the allegations in paragraphs 1 through 21
`
`of the Complaint as if set forth fully herein.
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`23.
`
`Costco admits that United States Patent No. 6,523,218 has an issue date of
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`February 25, 2003, and except as so admitted denies knowledge or information sufficient to
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`form a belief as to the truth of the allegations of paragraph 23 of the Complaint.
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`24.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 24 and accordingly denies the same.
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 4 of 43 PageID #: 8583
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`25.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 25 and accordingly denies the same.
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`26.
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`27.
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`Costco denies the allegations of paragraph 26 of the Complaint.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 27 and accordingly denies the same.
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`28.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 28 and accordingly denies the same.
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`29.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 29 and accordingly denies the same.
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`30.
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`31.
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`Costco denies the allegations of paragraph 30 of the Complaint.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 31 and accordingly denies the same.
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`32.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 32 and accordingly denies the same.
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`33.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 33 and accordingly denies the same.
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`34.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 34 and accordingly denies the same.
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`35.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 35 and accordingly denies the same.
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`36.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 36 and accordingly denies the same.
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 5 of 43 PageID #: 8584
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`37.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 37 and accordingly denies the same.
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`38.
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`39.
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`Costco denies the allegations of paragraph 38 of the Complaint.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 39 and accordingly denies the same.
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`40.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 40 and accordingly denies the same.
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`41.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 41 and accordingly denies the same.
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`42.
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`43.
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`Costco denies the allegations of paragraph 42 of the Complaint.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 43 and accordingly denies the same.
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`44.
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`45.
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`46.
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`Costco denies the allegations of paragraph 44 of the Complaint.
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`Costco denies the allegations of paragraph 45 of the Complaint.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 46 and accordingly denies the same.
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`47.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 47 and accordingly denies the same.
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`48.
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`49.
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`50.
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`Costco denies the allegations of paragraph 48 of the Complaint.
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`Costco denies the allegations of paragraph 49 of the Complaint.
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`Costco denies the allegations of paragraph 50 of the Complaint.
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`COUNT TWO – U.S. PATENT NO. 6,530,111
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`51.
`
`Costco incorporates its responses to the allegations in paragraphs 1 through 50
`
`of the Complaint as if set forth fully herein.
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 6 of 43 PageID #: 8585
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`52.
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`Costco admits that U.S. Patent No. 6,530,111 has an issue date of March 11,
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`2003, and except as so admitted denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations of paragraph 52 of the Complaint.
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`53.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 53 and accordingly denies the same.
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`54.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 54 and accordingly denies the same.
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`55.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 55 and accordingly denies the same.
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`56.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 56 regarding retail stores, Saver, and Alberee and
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`accordingly denies the same. Costco denies the remaining allegations of paragraph 56 of t he
`
`Complaint.
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`57.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 57 and accordingly denies the same.
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`58.
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`59.
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`Costco denies the allegations of paragraph 58 of the Complaint.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 59 and accordingly denies the same.
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`60.
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`61.
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`Costco denies the allegations of paragraph 60 of the Complaint.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 61 and accordingly denies the same.
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`62.
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`63.
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`Costco denies the allegations of paragraph 62 of the Complaint.
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`Costco denies the allegations of paragraph 63 of the Complaint.
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 7 of 43 PageID #: 8586
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`64.
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`65.
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`66.
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`Costco denies the allegations of paragraph 64 of the Complaint.
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`Costco denies the allegations of paragraph 65 of the Complaint.
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`Costco denies the allegations of paragraph 66 of the Complaint.
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`COUNT THREE – U.S. PATENT NO. 6,553,607
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`67.
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`Costco incorporates its responses to the allegations in paragraphs 1 th rough 66
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`of the Complaint as if set forth fully herein.
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`68.
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`Costco admits that U.S. Patent No. 6,553,607 has an issue date of April 29,
`
`2003, and except as so admitted denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations of paragraph 68 of the Complaint.
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`69.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 69 and accordingly denies the same.
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`70.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 70 and accordingly denies the same.
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`71.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 71 and accordingly denies the same.
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`72.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 72 regarding retail stores, Saver, and Alberee and
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`accordingly denies the same. Costco denies the remaining allegations of paragraph 72 of the
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`Complaint.
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`73.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 73 and accordingly denies the same.
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`74.
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`75.
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`Costco denies the allegations of paragraph 74 of the Complaint.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 75 and accordingly denies the same.
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 8 of 43 PageID #: 8587
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`76.
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`77.
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`78.
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`Costco denies the allegations of paragraph 76 of the Complaint.
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`Costco denies the allegations of paragraph 77 of the Complaint.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 78 and accordingly denies the same.
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`79.
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`80.
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`81.
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`82.
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`83.
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`Costco denies the allegations of paragraph 79 of the Complaint.
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`Costco denies the allegations of paragraph 80 of the Complaint.
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`Costco denies the allegations of paragraph 81 of the Complaint.
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`Costco denies the allegations of paragraph 82 of the Complaint.
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`Costco denies the allegations of paragraph 83 of the Complaint.
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`COUNT FOUR – U.S. PATENT NO. 6,611,988
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`84.
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`Costco incorporates its responses to the allegations in paragraphs 1 through 83
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`of the Complaint as if set forth fully herein.
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`85.
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`Costco admits that U.S. Patent No. 6,611,988 has an issue date of
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`September 2, 2003, and except as so admitted denies knowledge or information sufficient to
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`form a belief as to the truth of the allegations of paragraph 85 of the Complaint.
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`86.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 86 and accordingly denies the same.
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`87.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 87 and accordingly denies the same.
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`88.
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`Costco denies the allegations of paragraph 88.
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`89.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 89 and accordingly denies the same.
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`90.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 90 and accordingly denies the same.
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 9 of 43 PageID #: 8588
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`91.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 91 and accordingly denies the same.
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`92.
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`93.
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`Costco denies the allegations of paragraph 92 of the Complaint.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 93 and accordingly denies the same.
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`94.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 94 and accordingly denies the same.
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`95.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 95 and accordingly denies the same.
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`96.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 96 and accordingly denies the same.
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`97.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 97 and accordingly denies the same.
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`98.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 98 and accordingly denies the same.
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`99.
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`Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 99 and accordingly denies the same.
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`100. Costco denies the allegations of paragraph 100 of the Complaint. Costco
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`further states that the Court has granted summary judgment in Costco’s favor and Costco is
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`not liable for damages for any claim arising from any alleged acts of infringement committed
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`prior to the dates of alleged notice to Costco in the SAC.
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`101. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 101 and accordingly denies the same.
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 10 of 43 PageID #: 8589
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`102. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 102 and accordingly denies the same.
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`103. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 103 and accordingly denies the same.
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`104. Costco denies the allegations of paragraph 104 of the Complaint.
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`105. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 105 and accordingly denies the same.
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`106. Costco denies the allegations of paragraph 106 of the Complaint.
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`107. Costco denies the allegations of paragraph 107 of the Complaint.
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`108. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 108 and accordingly denies the same.
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`109. Costco lacks sufficient knowledge or information to form a belief as to th e
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`truth of the allegations of paragraph 109 and accordingly denies the same.
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`110. Costco denies the allegations of paragraph 110 of the Complaint.
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`111. Costco denies the allegations of paragraph 111 of the Complaint.
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`112. Costco denies the allegations of paragraph 112 of the Complaint.
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`COUNT FIVE – U.S. PATENT NO. 6,675,434
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`113. Costco incorporates its responses to the allegations in paragraphs 1 through
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`112 of the Complaint as if set forth fully herein.
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`114. Costco admits that U.S. Patent No. 6,675,434 has an issue date of Januar y 13,
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`2004, and except as so admitted denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations of paragraph 114 of the Complaint.
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`115. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 115 and accordingly denies the same.
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 11 of 43 PageID #: 8590
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`116. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 116 and accordingly denies the same.
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`117. Costco denies allegations of paragraph 117..
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`118. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 118 and accordingly denies the same.
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`119. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 119 and accordingly denies the same.
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`120. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 120 and accordingly denies the same.
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`121. Costco denies the allegations of paragraph 121 of the Complaint.
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`122. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 122 and accordingly denies the same.
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`123. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 123 and accordingly denies the same.
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`124. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 124 and accordingly denies the same.
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`125. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 125 and accordingly denies the same.
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`126. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 126 and accordingly denies the same.
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`127. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 127 and accordingly denies the same.
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`128. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 128 and accordingly denies the same.
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`129. Costco denies the allegations of paragraph 129 of the Complaint.
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`130. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 130 and accordingly denies the same.
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`131. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 131 and accordingly denies the same.
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`132. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 132 and accordingly denies the same.
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`133. Costco denies the allegations of paragraph 133 of the Complaint.
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`134. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 134 and accordingly denies the same.
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`135. Costco denies the allegations of paragraph 135 of the Complaint.
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`136. Costco denies the allegations of paragraph 136 of the Complaint.
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`137. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 137 and accordingly denies the same.
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`138. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 138 and accordingly denies the same.
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`139. Costco denies the allegations of paragraph 139 of the Complaint.
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`140. Costco denies the allegations of paragraph 140 of the Complaint.
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`141. Costco denies the allegations of paragraph 141 of the Complaint.
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`COUNT SIX – U.S. PATENT NO. 6,836,926
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`142. Costco incorporates its responses to the allegations in paragraphs 1 through
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`141 of the Complaint as if set forth fully herein.
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 13 of 43 PageID #: 8592
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`143. Costco admits that U.S. Patent No. 6,836,926 has an issue date of January 4,
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`2005, and except as so admitted denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations of paragraph 143 of the Complaint.
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`144. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 144 and accordingly denies the same.
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`145. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 145 and accordingly denies the same.
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`146. Costco denies the allegations of paragraph 146.
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`147. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 147 and accordingly denies the same.
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`148. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 148 and accordingly denies the same.
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`149. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 149 and accordingly denies the same.
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`150. Costco denies the allegations of paragraph 150 of the Complaint.
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`151. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 151 and accordingly denies the same.
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`152. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 152 and accordingly denies the same.
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`153. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 153 and accordingly denies the same.
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`154. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 154 and accordingly denies the same.
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 14 of 43 PageID #: 8593
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`155. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 155 and accordingly denies the same.
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`156. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 156 and accordingly denies the same.
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`157. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 157 and accordingly denies the same.
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`158. Costco denies the allegations of paragraph 158 of the Complaint.
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`159. Costco denies the allegations of paragraph 159 of the Complaint.
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`160. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 160 and accordingly denies the same.
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`161. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 161 and accordingly denies the same.
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`162. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 162 and accordingly denies the same.
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`163. Costco denies the allegations of paragraph 163 of the Complaint.
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`164. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 164 and accordingly denies the same.
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`165. Costco denies the allegations of paragraph 165 of the Complaint.
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`166. Costco denies the allegations of paragraph 166 of the Complaint.
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`167. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 167 and accordingly denies the same.
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`168. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 168 and accordingly denies the same.
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`
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`- 14 -
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`
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 15 of 43 PageID #: 8594
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`169. Costco denies the allegations of paragraph 169 of the Complaint.
`
`170. Costco denies the allegations of paragraph 170 of the Complaint.
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`171. Costco denies the allegations of paragraph 171 of the Complaint.
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`COUNT SEVEN – U.S. PATENT NO. 6,944,905
`
`172. Costco incorporates its responses to the allegations in paragraphs 1 through
`
`171 of the Complaint as if set forth fully herein.
`
`173. Costco admits that U.S. Patent No. 6,944,905 has an issue date of
`
`September 20, 2005, and except as so admitted denies knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of paragraph 173 of the Complaint.
`
`174. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 174 and accordingly denies the same.
`
`175. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 175 and accordingly denies the same.
`
`176. Costco denies the allegations of paragraph 176.
`
`177. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 177 and accordingly denies the same.
`
`178. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 178 and accordingly denies the same.
`
`179. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 179 and accordingly denies the same.
`
`180. Costco denies the allegations of paragraph 180 of the Complaint.
`
`181. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 181 and accordingly denies the same.
`
`
`
`- 15 -
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`
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 16 of 43 PageID #: 8595
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`182. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 182 and accordingly denies the same.
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`183. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 183 and accordingly denies the same.
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`184. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 184 and accordingly denies the same.
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`185. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 185 and accordingly denies the same.
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`186. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 186 and accordingly denies the same.
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`187. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 187 and accordingly denies the same.
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`188. Costco denies the allegations of paragraph 188 of the Complaint.
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`189. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 189 and accordingly denies the same.
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`190. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 190 and accordingly denies the same.
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`191. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 191 and accordingly denies the same.
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`192. Costco denies the allegations of paragraph 192 of the Complaint.
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`193. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 193 and accordingly denies the same.
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`194. Costco denies the allegations of paragraph 194 of the Complaint.
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`
`
`- 16 -
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`
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 17 of 43 PageID #: 8596
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`195. Costco denies the allegations of paragraph 195 of the Complaint.
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`196. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 196 and accordingly denies the same.
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`197. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 197 and accordingly denies the same.
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`198. Costco denies the allegations of paragraph 198 of the Complaint.
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`199. Costco denies the allegations of paragraph 199 of the Complaint.
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`200. Costco denies the allegations of paragraph 200 of the Complaint.
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`COUNT EIGHT – U.S. PATENT NO. 6,973,698
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`201. Costco incorporates its responses to the allegations in paragraphs 1 through
`
`200 of the Complaint as if set forth fully herein.
`
`202. Costco admits that U.S. Patent No. 6,973,698 has an issue date of
`
`December 13, 2005, and except as so admitted denies knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of paragraph 202 of the Complaint.
`
`203. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 203 and accordingly denies the same.
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`204. Costco lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations of paragraph 204 and accordingly denies the same.
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`205. Costco denies it has infringed and/or is still infringing the ’698 patent. Costco
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`lacks sufficient knowledge or information to form a belief as to the truth of the remaining
`
`allegations of paragraph 205 and accordingly denies the same.
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`206. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 206 and accordingly denies the same.
`
`
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`- 17 -
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`
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`Case 1:12-cv-00574-LPS Document 244 Filed 09/30/15 Page 18 of 43 PageID #: 8597
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`207. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 207 and accordingly denies the same.
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`208. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 208 and accordingly denies the same.
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`209. Costco denies the allegations of paragraph 209 of the Complaint.
`
`210. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 210 and accordingly denies the same.
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`211. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 211 and accordingly denies the same.
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`212. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 212 and accordingly denies the same.
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`213. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 213 and accordingly denies the same.
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`214. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 214 and accordingly denies the same.
`
`215. Costco lacks sufficient knowledge or information to form a belief as to the
`
`truth of the allegations of paragraph 215 and acc
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