Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 1 of 29 PageID #: 1246
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`v.
`
`
`
`
`
`
`ROBERT BOSCH LLC,
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`
`
`
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`
`
`
`
`
`
`Plaintiff,
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`ALBEREE PRODUCTS, INC., API KOREA CO.,
`LTD., and SAVER AUTOMOTIVE
`
`
`PRODUCTS, INC.,
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`
`
`
`
`
`
`
`
`
`
`Defendants.
`
`
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`
`)
`)
`)
`) C.A. No. 12-574-LPS
`)
`) JURY TRIAL DEMANDED
`)
`)
`)
`)
`)
`
`
`
`
`
`DEFENDANT SAVER AUTOMOTIVE PRODUCTS, INC.’S ANSWER
`TO ROBERT BOSCH, LLC’S AMENDED COMPLAINT
`
`Defendant Saver Automotive Products, Inc. (hereinafter “Saver”), by and through
`
`its attorneys, hereby answers Robert Bosch, LLC’s Amended Complaint (“Complaint”) as
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`follows:1
`
`1.
`
`Saver admits that the Complaint alleges and seeks judgment under the patent
`
`laws of the United States, Title 35 of the United States Code (for example, §§ 271, 281, 283, 284
`
`and 285) and alleges jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). Saver denies the
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`remaining allegations in paragraph 1.
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`
`
`
`1 Saver files its responsive pleading to the Complaint notwithstanding its motion to dismiss for
`lack of personal jurisdiction is presently pending before the Court. Pursuant to rulings made by
`the Court at the Case Management Conference held on August 4, 2014, the Court’s Oral Order of
`August 21, 2014 [C.A. No. 12-574 D.I. 56], and Federal Rule of Civil Procedure 13(a), Saver
`files its Answer, Affirmative Defenses and Counterclaims to Robert Bosch LLC’s Complaint on
`condition the Court denies Saver’s motion to dismiss. Pursuant to rulings made by the Court at
`the Case Management Conference held on August 4, 2014, nothing stated in Saver’s Answer,
`Affirmative Defenses and Counterclaims to Robert Bosch LLC’s Complaint shall be construed
`as Saver’s acquiescence to the jurisdiction of the Court, or an admission that venue is proper, or
`waiver or withdrawal of its motion to dismiss.
`
`
`
`1
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`

`

`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 2 of 29 PageID #: 1247
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`DEFENDANTS AND ACCUSED PRODUCTS
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`2.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 2 and accordingly denies the same.
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`3.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 3 and accordingly denies the same.
`
`4.
`
`5.
`
`Saver admits the allegations of paragraph 4 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`5 and accordingly denies the same.
`
`6.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 6 and accordingly denies the same.
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`7.
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`Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`7 and accordingly denies the same.
`
`8.
`
`Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`8 and accordingly denies the same.
`
`9.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 9 and accordingly denies the same.
`
`10.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 10 and accordingly denies the same.
`
`11.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 11 and accordingly denies the same.
`
`12.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 12 and accordingly denies the same.
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`13.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`
`
`2
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`

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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 3 of 29 PageID #: 1248
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`paragraph 13 and accordingly denies the same.
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`14.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 14 and accordingly denies the same.
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`15.
`
`16.
`
`17.
`
`18.
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`Saver denies the allegations of paragraph 15 of the complaint.
`
`Saver denies the allegations of paragraph 16 of the complaint.
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`Saver denies the allegations of paragraph 17 of the complaint.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 18 and accordingly denies the same.
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`19.
`
`Saver lacks sufficient information to confirm or deny the allegations of paragraph
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`19 and accordingly denies the same.
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`COUNT ONE – INFRINGEMENT OF U.S. PATENT NO. 6,523,218
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`20.
`
`The statements and denials of paragraphs 2 through 19 of this Answer are
`
`incorporated by reference as if set forth herein.
`
`21.
`
`Saver admits a copy of the `218 patent was attached as Exhibit A to the
`
`Amended Complaint. Saver admits that, on its face, the `218 patent lists an issue date of
`
`February 25, 2003. Saver denies that the `218 patent was duly and legally issued. Saver lacks
`
`sufficient information to confirm or deny the remaining allegations of paragraph 21 and
`
`accordingly denies the same.
`
`22.
`
`Saver lacks sufficient information to confirm or deny the allegations of paragraph
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`22 and accordingly denies the same.
`
`23.
`
`24.
`
`Saver denies the allegations of paragraph 23 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 24 and accordingly denies the same.
`
`
`
`3
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`

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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 4 of 29 PageID #: 1249
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`25.
`
`Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`25 and accordingly denies the same.
`
`26.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 26 and accordingly denies the same.
`
`27.
`
`28.
`
`29.
`
`Saver denies the allegations of paragraph 27 of the complaint.
`
`Saver denies the allegations of paragraph 28 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 29 and accordingly denies the same.
`
`30.
`
`31.
`
`32.
`
`33.
`
`34.
`
`Saver denies the allegations of paragraph 30 of the complaint.
`
`Saver denies the allegations of paragraph 31 of the complaint.
`
`Saver admits the allegations of paragraph 32 of the complaint.
`
`Saver denies the allegations of paragraph 33 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 34 and accordingly denies the same.
`
`35.
`
`Saver admits counsel for Saver received letters from counsel for plaintiff dated
`
`October 11, 2011 and January 15, 2013. Saver denies plaintiff’s characterization of the
`
`contents of the letters. Saver denies the remaining allegations of paragraph 35.
`
`36.
`
`37.
`
`38.
`
`39.
`
`40.
`
`41.
`
`Saver denies the allegations of paragraph 36 of the complaint.
`
`Saver denies the allegations of paragraph 37 of the complaint
`
`Saver denies the allegations of paragraph 38 of the complaint
`
`Saver denies the allegations of paragraph 39 of the complaint
`
`Saver denies the allegations of paragraph 40 of the complaint
`
`Saver denies the allegations of paragraph 41 of the complaint
`
`
`
`4
`
`

`

`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 5 of 29 PageID #: 1250
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`42.
`
`43.
`
`44.
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`45.
`
`Saver denies the allegations of paragraph 42 of the complaint
`
`Saver denies the allegations of paragraph 43 of the complaint
`
`Saver denies the allegations of paragraph 44 of the complaint
`
`Saver denies the allegations of paragraph 45 of the complaint
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`COUNT TWO – INFRINGEMENT OF U.S. PATENT NO. 6,530,111
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`46.
`
`The statements and denials of paragraphs 2 through 19 of this Answer are
`
`incorporated by reference as if set forth herein.
`
`47.
`
`Saver admits a copy of the ‘111 patent was attached as Exhibit B to the
`
`Amended Complaint. Saver admits that, on its face, the ‘111 patent lists an issue date of
`
`March 11, 2003. Saver denies that the ‘111 patent was duly and legally issued. Saver
`
`lacks sufficient information to confirm or deny the remaining allegations of paragraph 47
`
`and accordingly denies the same.
`
`48.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 48 and accordingly denies the same.
`
`49.
`
`Saver lacks sufficient information to confirm or deny the allegations
`
`of paragraph 49 and accordingly denies the same.
`
`50.
`
`51.
`
`52.
`
`53.
`
`54.
`
`Saver denies the allegations of paragraph 50 of the complaint.
`
`Saver denies the allegations of paragraph 51 of the complaint.
`
`Saver denies the allegations of paragraph 52 of the complaint.
`
`Saver denies the allegations of paragraph 53 of the complaint.
`
`Saver admits counsel for Saver received letters from counsel for plaintiff dated
`
`October 11, 2011 and January 15, 2013. Saver denies plaintiff’s characterization of the
`
`contents of the letters. Saver denies the remaining allegations of paragraph 54.
`
`
`
`5
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`

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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 6 of 29 PageID #: 1251
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`55.
`
`56.
`
`57.
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`58.
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`59.
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`Saver denies the allegations of paragraph 55 of the complaint.
`
`Saver denies the allegations of paragraph 56 of the complaint.
`
`Saver denies the allegations of paragraph 57 of the complaint.
`
`Saver denies the allegations of paragraph 58 of the complaint.
`
`Saver denies the allegations of paragraph 59 of the complaint.
`
`COUNT THREE – INFRINGEMENT OF U.S. PATENT NO. 6,553,607
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`60.
`
`The statements and denials of paragraphs 2 through 19 of this Answer are
`
`incorporated by reference as if set forth herein.
`
`61.
`
`Saver admits a copy of the `607 patent was attached as Exhibit C to the
`
`Amended Complaint. Saver admits that, on its face, the `607 patent lists an issue date of April
`
`29, 2003. Saver denies that the `607 patent was duly and legally issued. Saver lacks sufficient
`
`information to confirm or deny the remaining allegations of paragraph 61 and accordingly
`
`denies the same.
`
`62.
`
`Saver lacks sufficient information to confirm or deny the allegations
`
`of paragraph 62 and accordingly denies the same.
`
`63.
`
`Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`63 and accordingly denies the same.
`
`64.
`
`65.
`
`66.
`
`67.
`
`68.
`
`Saver denies the allegations of paragraph 64 of the complaint.
`
`Saver denies the allegations of paragraph 65 of the complaint.
`
`Saver denies the allegations of paragraph 66 of the complaint.
`
`Saver denies the allegations of paragraph 67 of the complaint.
`
`Saver admits counsel for Saver received letters from counsel for plaintiff dated
`
`October 11, 2011 and January 15, 2013. Saver denies plaintiff’s characterization of the
`
`
`
`6
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`

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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 7 of 29 PageID #: 1252
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`contents of the letters. Saver denies the remaining allegations of paragraph 68.
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`69.
`
`70.
`
`71.
`
`72.
`
`73.
`
`74.
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`Saver denies the allegations of paragraph 69 of the complaint.
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`Saver denies the allegations of paragraph 70 of the complaint.
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`Saver denies the allegations of paragraph 71 of the complaint.
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`Saver denies the allegations of paragraph 72 of the complaint.
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`COUNT FOUR – INFRINGEMENT OF U.S. PATENT NO. 6,611,988
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`Saver denies the allegations of paragraph 73 of the complaint.
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`The statements and denials of paragraphs 2 through 19 of this Answer are
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`incorporated by reference as if set forth herein.
`
`75.
`
`Saver admits a copy of the `988 patent was attached as Exhibit D to the Amended
`
`Complaint. Saver admits that, on its face, the `988 patent lists an issue date of September 2,
`
`2003. Saver denies that the `988 patent was duly and legally issued. Saver lacks sufficient
`
`information to confirm or deny the remaining allegations of paragraph 75 and accordingly denies
`
`the same.
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`76.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 76 and accordingly denies the same.
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`77.
`
`78.
`
`Saver denies the allegations of paragraph 77 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 78 and accordingly denies the same.
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`79.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 79 and accordingly denies the same.
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`80.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 80 and accordingly denies the same.
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`
`
`7
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`

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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 8 of 29 PageID #: 1253
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`81.
`
`82.
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`83.
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`Saver denies the allegations of paragraph 81 of the complaint.
`
`Saver denies the allegations of paragraph 82 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 83 and accordingly denies the same.
`
`84.
`
`85.
`
`86.
`
`87.
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`Saver denies the allegations of paragraph 84 of the complaint.
`
`Saver denies the allegations of paragraph 85 of the complaint.
`
`Saver denies the allegations of paragraph 86 of the complaint.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 87 and accordingly denies the same.
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`88.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 88 and accordingly denies the same.
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`89.
`
`Saver admits counsel for Saver received letters from counsel for plaintiff dated
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`October 11, 2011 and January 15, 2013. Saver denies plaintiff’s characterization of the
`
`contents of the letters. Saver denies the remaining allegations of paragraph 89.
`
`90.
`
`91.
`
`92.
`
`93.
`
`94.
`
`95.
`
`96.
`
`97.
`
`98.
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`Saver denies the allegations of paragraph 90 of the complaint.
`
`Saver denies the allegations of paragraph 91 of the complaint.
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`Saver denies the allegations of paragraph 92 of the complaint.
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`Saver denies the allegations of paragraph 93 of the complaint.
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`Saver denies the allegations of paragraph 94 of the complaint.
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`Saver denies the allegations of paragraph 95 of the complaint.
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`Saver denies the allegations of paragraph 96 of the complaint.
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`Saver denies the allegations of paragraph 97 of the complaint.
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`Saver denies the allegations of paragraph 98 of the complaint.
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`
`
`8
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`

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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 9 of 29 PageID #: 1254
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`99.
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`Saver denies the allegations of paragraph 99 of the complaint.
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`COUNT FIVE – INFRINGEMENT OF U.S. PATENT NO. 6,675,434
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`100.
`
`The statements and denials of paragraphs 2 through 19 of this Answer are
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`incorporated by reference as if set forth herein.
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`101.
`
`Saver admits a copy of the `434 patent was attached as Exhibit E to the
`
`Amended Complaint. Saver admits that, on its face, the `434 patent lists an issue date of
`
`January 13, 2004. Saver denies that the `434 patent was duly and legally issued. Saver lacks
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`sufficient information to confirm or deny the remaining allegations of paragraph 101 and
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`accordingly denies the same.
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`102. Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`102 and accordingly denies the same.
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`103. Saver denies the allegations of paragraph 103 of the complaint.
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`104.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 104 and accordingly denies the same.
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`105. Saver lacks sufficient information to confirm or deny the allegations of paragraph
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`105 and accordingly denies the same.
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`106.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 106 and accordingly denies the same.
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`107.
`
`108.
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`109.
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`Saver denies the allegations of paragraph 107 of the complaint.
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`Saver denies the allegations of paragraph 108 of the complaint.
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`Saver lacks sufficient information to confirm or deny the allegations of
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`paragraph 109 and accordingly denies the same.
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`110.
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`Saver denies the allegations of paragraph 110 of the complaint.
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`
`
`9
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`

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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 10 of 29 PageID #: 1255
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`111.
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`112.
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`113.
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`Saver denies the allegations of paragraph 111 of the complaint.
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`Saver denies the allegations of paragraph 112 of the complaint.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 113 and accordingly denies the same.
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`114.
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`Saver lacks sufficient information to confirm or deny the allegations of
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`paragraph 114 and accordingly denies the same.
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`115.
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`Saver admits counsel for Saver received letters from counsel for plaintiff dated
`
`October 11, 2011 and January 15, 2013. Saver denies plaintiff’s characterization of the
`
`contents of the letters. Saver denies the remaining allegations of paragraph 115.
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`116.
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`117.
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`118.
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`119.
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`120.
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`121.
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`122.
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`123.
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`124.
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`125.
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`Saver denies the allegations of paragraph 116 of the complaint.
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`Saver denies the allegations of paragraph 117 of the complaint.
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`Saver denies the allegations of paragraph 118 of the complaint.
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`Saver denies the allegations of paragraph 119 of the complaint.
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`Saver denies the allegations of paragraph 120 of the complaint.
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`Saver denies the allegations of paragraph 121 of the complaint.
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`Saver denies the allegations of paragraph 122 of the complaint.
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`Saver denies the allegations of paragraph 123 of the complaint.
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`Saver denies the allegations of paragraph 124 of the complaint.
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`Saver denies the allegations of paragraph 125 of the complaint.
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`COUNT SIX – INFRINGEMENT OF U.S. PATENT NO. 6,836,926
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`126.
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`The statements and denials of paragraphs 2 through 19 of this Answer are
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`incorporated by reference as if set forth herein.
`
`127.
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`Saver admits a copy of the `926 patent was attached as Exhibit F to the
`
`
`
`10
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`

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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 11 of 29 PageID #: 1256
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`Amended Complaint. Saver admits that, on its face, the `926 patent lists an issue date of
`
`January 4, 2005. Saver denies that the `926 patent was duly and legally issued. Saver lacks
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`sufficient information to confirm or deny the remaining allegations of paragraph 127 and
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`accordingly denies the same.
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`128. Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`128 and accordingly denies the same.
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`129. Saver denies the allegations of paragraph 129 of the complaint.
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`130.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 130 and accordingly denies the same.
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`131.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 131 and accordingly denies the same.
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`132.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 132 and accordingly denies the same.
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`133.
`
`134.
`
`135.
`
`Saver denies the allegations of paragraph 133 of the complaint.
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`Saver denies the allegations of paragraph 134 of the complaint.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 135 and accordingly denies the same.
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`136.
`
`137.
`
`138.
`
`139.
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`Saver denies the allegations of paragraph 136 of the complaint.
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`Saver denies the allegations of paragraph 137 of the complaint.
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`Saver denies the allegations of paragraph 138 of the complaint.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 139 and accordingly denies the same.
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`140.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`
`
`11
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`

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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 12 of 29 PageID #: 1257
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`paragraph 140 and accordingly denies the same.
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`141.
`
`Saver admits counsel for Saver received letters from counsel for plaintiff dated
`
`October 11, 2011 and January 15, 2013. Saver denies plaintiff’s characterization of the
`
`contents of the letters. Saver denies the remaining allegations of paragraph 141.
`
`142.
`
`143.
`
`144.
`
`145.
`
`146.
`
`147.
`
`148.
`
`149.
`
`150.
`
`151.
`
`Saver denies the allegations of paragraph 142 of the complaint.
`
`Saver denies the allegations of paragraph 143 of the complaint.
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`Saver denies the allegations of paragraph 144 of the complaint.
`
`Saver denies the allegations of paragraph 145 of the complaint.
`
`Saver denies the allegations of paragraph 146 of the complaint.
`
`Saver denies the allegations of paragraph 147 of the complaint.
`
`Saver denies the allegations of paragraph 148 of the complaint.
`
`Saver denies the allegations of paragraph 149 of the complaint.
`
`Saver denies the allegations of paragraph 150 of the complaint.
`
`Saver denies the allegations of paragraph 151 of the complaint.
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`COUNT SEVEN – INFRINGEMENT OF U.S. PATENT NO. 6,944,905
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`152.
`
`The statements and denials of paragraphs 2 through 19 of this Answer are
`
`incorporated by reference as if set forth herein.
`
`153.
`
`Saver admits a copy of the `905 patent was attached as Exhibit G to the
`
`Amended Complaint. Saver admits that, on its face, the `905 patent lists an issue date of
`
`September 20, 2005. Saver denies that the `905 patent was duly and legally issued. Saver
`
`lacks sufficient information to confirm or deny the remaining allegations of paragraph 153
`
`and accordingly denies the same.
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`154. Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`
`
`12
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`

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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 13 of 29 PageID #: 1258
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`154 and accordingly denies the same.
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`155. Saver denies the allegations of paragraph 155 of the complaint.
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`156.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 156 and accordingly denies the same.
`
`157. Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`157 and accordingly denies the same.
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`158.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 158 and accordingly denies the same.
`
`159.
`
`160.
`
`161.
`
`Saver denies the allegations of paragraph 159 of the complaint.
`
`Saver denies the allegations of paragraph 160 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 161 and accordingly denies the same.
`
`162.
`
`163.
`
`164.
`
`165.
`
`Saver denies the allegations of paragraph 162 of the complaint.
`
`Saver denies the allegations of paragraph 163 of the complaint.
`
`Saver denies the allegations of paragraph 164 of the complaint.
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`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 165 and accordingly denies the same.
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`166.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 166 and accordingly denies the same.
`
`167.
`
`Saver admits counsel for Saver received letters from counsel for plaintiff dated
`
`October 11, 2011 and January 15, 2013. Saver denies plaintiff’s characterization of the
`
`contents of the letters. Saver denies the remaining allegations of paragraph 167.
`
`168.
`
`Saver denies the allegations of paragraph 168 of the complaint.
`
`
`
`13
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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 14 of 29 PageID #: 1259
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`169.
`
`170.
`
`171.
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`172.
`
`173.
`
`174.
`
`175.
`
`176.
`
`177.
`
`Saver denies the allegations of paragraph 169 of the complaint.
`
`Saver denies the allegations of paragraph 170 of the complaint.
`
`Saver denies the allegations of paragraph 171 of the complaint.
`
`Saver denies the allegations of paragraph 172 of the complaint.
`
`Saver denies the allegations of paragraph 173 of the complaint.
`
`Saver denies the allegations of paragraph 174 of the complaint.
`
`Saver denies the allegations of paragraph 175 of the complaint.
`
`Saver denies the allegations of paragraph 176 of the complaint.
`
`Saver denies the allegations of paragraph 177 of the complaint.
`
`COUNT EIGHT – INFRINGEMENT OF U.S. PATENT NO. 6,973,698
`
`178.
`
`The statements and denials of paragraphs 2 through 19 of this Answer are
`
`incorporated by reference as if set forth herein.
`
`179.
`
`Saver admits a copy of the `698 patent was attached as Exhibit H to the
`
`Amended Complaint. Saver admits that, on its face, the `698 patent lists an issue date of
`
`December 13, 2005. Saver denies that the `698 patent was duly and legally issued. Saver lacks
`
`sufficient information to confirm or deny the remaining allegations of paragraph 179 and
`
`accordingly denies the same.
`
`180. Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`180 and accordingly denies the same.
`
`181. Saver denies the allegations of paragraph 181 of the complaint.
`
`182.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 182 and accordingly denies the same.
`
`183. Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`
`
`14
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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 15 of 29 PageID #: 1260
`
`183 and accordingly denies the same.
`
`184.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 184 and accordingly denies the same.
`
`185.
`
`186.
`
`187.
`
`Saver denies the allegations of paragraph 185 of the complaint.
`
`Saver denies the allegations of paragraph 186 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 187 and accordingly denies the same.
`
`188.
`
`189.
`
`190.
`
`191.
`
`Saver denies the allegations of paragraph 188 of the complaint.
`
`Saver denies the allegations of paragraph 189 of the complaint.
`
`Saver denies the allegations of paragraph 190 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 191 and accordingly denies the same.
`
`192.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 192 and accordingly denies the same.
`
`193.
`
`Saver admits counsel for Saver received letters from counsel for plaintiff dated
`
`October 11, 2011 and January 15, 2013. Saver denies plaintiff’s characterization of the
`
`contents of the letters. Saver denies the remaining allegations of paragraph 193.
`
`194.
`
`195.
`
`196.
`
`197.
`
`198.
`
`199.
`
`Saver denies the allegations of paragraph 194 of the complaint.
`
`Saver denies the allegations of paragraph 195 of the complaint.
`
`Saver denies the allegations of paragraph 196 of the complaint.
`
`Saver denies the allegations of paragraph 197 of the complaint.
`
`Saver denies the allegations of paragraph 198 of the complaint.
`
`Saver denies the allegations of paragraph 199 of the complaint.
`
`
`
`15
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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 16 of 29 PageID #: 1261
`
`200.
`
`201.
`
`202.
`
`203.
`
`Saver denies the allegations of paragraph 200 of the complaint.
`
`Saver denies the allegations of paragraph 201 of the complaint.
`
`Saver denies the allegations of paragraph 202 of the complaint.
`
`Saver denies the allegations of paragraph 203 of the complaint.
`
`COUNT NINE – INFRINGEMENT OF U.S. PATENT NO. 7,228,588
`
`204.
`
`The statements and denials of paragraphs 2 through 19 of this Answer are
`
`incorporated by reference as if set forth herein.
`
`205.
`
`Saver admits a copy of the `588 patent was attached as Exhibit I to the
`
`Amended Complaint. Saver admits that, on its face, the `588 patent lists an issue date of June
`
`12, 2007. Saver denies that the `588 patent was duly and legally issued. Saver lacks sufficient
`
`information to confirm or deny the remaining allegations of paragraph 205 and accordingly
`
`denies the same.
`
`206. Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`206 and accordingly denies the same.
`
`207. Saver denies the allegations of paragraph 207 of the complaint.
`
`208.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 208 and accordingly denies the same.
`
`209. Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`209 and accordingly denies the same.
`
`210.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 210 and accordingly denies the same.
`
`211.
`
`212.
`
`Saver denies the allegations of paragraph 211 of the complaint.
`
`Saver denies the allegations of paragraph 212 of the complaint.
`
`
`
`16
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`
`213.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 213 and accordingly denies the same.
`
`214.
`
`215.
`
`216.
`
`217.
`
`Saver denies the allegations of paragraph 214 of the complaint.
`
`Saver denies the allegations of paragraph 215 of the complaint.
`
`Saver denies the allegations of paragraph 216 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 217 and accordingly denies the same.
`
`218.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 218 and accordingly denies the same.
`
`219.
`
`Saver admits counsel for Saver received letters from counsel for plaintiff dated
`
`October 11, 2011 and January 15, 2013. Saver denies plaintiff’s characterization of the
`
`contents of the letters. Saver denies the remaining allegations of paragraph 219.
`
`Saver denies the allegations of paragraph 220 of the complaint.
`
`Saver denies the allegations of paragraph 221 of the complaint.
`
`Saver denies the allegations of paragraph 222 of the complaint.
`
`Saver denies the allegations of paragraph 223 of the complaint.
`
`Saver denies the allegations of paragraph 224 of the complaint.
`
`Saver denies the allegations of paragraph 225 of the complaint.
`
`Saver denies the allegations of paragraph 226 of the complaint.
`
`Saver denies the allegations of paragraph 227 of the complaint.
`
`Saver denies the allegations of paragraph 228 of the complaint.
`
`Saver denies the allegations of paragraph 229 of the complaint.
`
`220.
`
`221.
`
`222.
`
`223.
`
`224.
`
`225.
`
`226.
`
`227.
`
`228.
`
`229.
`
`
`
`
`
`17
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`
`COUNT TEN – INFRINGEMENT OF U.S. PATENT NO. 7,293,321
`
`230.
`
`The statements and denials of paragraphs 2 through 19 of this Answer are
`
`incorporated by reference as if set forth herein.
`
`231.
`
`Saver admits a copy of the `321 patent was attached as Exhibit J to the
`
`Amended Complaint. Saver admits that, on its face, the `321 patent lists an issue date of
`
`November 13, 2007. Saver denies that the `321 patent was duly and legally issued. Saver
`
`lacks sufficient information to confirm or deny the remaining allegations of paragraph 231
`
`and accordingly denies the same.
`
`232. Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`232 and accordingly denies the same.
`
`233. Saver denies the allegations of paragraph 233 of the complaint.
`
`234.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 234 and accordingly denies the same.
`
`235. Saver lacks sufficient information to confirm or deny the allegations of paragraph
`
`235 and accordingly denies the same.
`
`236.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 236 and accordingly denies the same.
`
`237.
`
`238.
`
`239.
`
`Saver denies the allegations of paragraph 237 of the complaint.
`
`Saver denies the allegations of paragraph 238 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 239 and accordingly denies the same.
`
`240.
`
`241.
`
`Saver denies the allegations of paragraph 240 of the complaint.
`
`Saver denies the allegations of paragraph 241 of the complaint.
`
`
`
`18
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`

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`Case 1:12-cv-00574-LPS Document 62 Filed 09/02/14 Page 19 of 29 PageID #: 1264
`
`242.
`
`243.
`
`Saver denies the allegations of paragraph 242 of the complaint.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 243 and accordingly denies the same.
`
`244.
`
`Saver lacks sufficient information to confirm or deny the allegations of
`
`paragraph 244 and accordingly denies the same.
`
`245.
`
`Saver admits counsel for Saver received letters from counsel for plaintiff dated
`
`October 11, 2011 and January 15, 2013. Saver denies plaintiff’s characterization of the
`
`contents of the letters. Saver denies the remaining allegations of paragraph 245.
`
`246.
`
`247.
`
`248.
`
`249.
`
`250.
`
`251.
`
`252.
`
`253.
`
`254.
`
`255.
`
`Saver denies the allegations of paragraph 246 of the complaint.
`
`Saver denies the allegations of paragraph 247 of the complaint.
`
`Saver denies the allegations of paragraph 248 of the complaint.
`
`Saver denies the allegations of paragraph 249 of the complaint.
`
`Saver denies the allegations of paragraph 250 of the complaint.
`
`Saver denies the allegations of paragraph 251 of the complaint.
`
`Saver denies the allegations of paragraph 252 of the complaint.
`
`Saver denies the allegations of paragraph 253 of the complaint.
`
`Saver denies the allegations of paragraph 254 of the complaint.
`
`Saver denies the allegations of paragraph 255 of the complaint.
`
`COUNT ELEVEN – INFRINGEMENT OF U.S. PATENT NO. 7,523,520
`
`256.
`
`The statements and denials of paragraphs 2 through 19 of th