Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 1 of 52
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Civil Action No. 6:15-CV-907-JRG-KNM
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`
`SIPCO LLC, and
`IP CO., LLC (d/b/a INTUS IQ)
`
`
`Plaintiffs,
`
`v.
`
`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGMENET LLLP,
`FISHER-ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP PLC, BP
`AMERICA, INC., and BP AMERICA
`PRODUCTION COMPANY
`
`Emerson Defendants.
`
`EMERSON ELECTRIC CO., EMERSON PROCESS MANAGEMENT LLLP, FISHER-
`ROSEMOUNT SYSTEMS, INC., AND ROSEMOUNT INC.’S AMENDED ANSWER TO
`FIRST AMENDED COMPLAINT
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`Defendants Emerson Electric Co., Emerson Process Management LLLP, Fisher-
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`Rosemount Systems, Inc., and Rosemount Inc., (collectively, “Emerson Defendants”), amended
`
`their answer the First Amended Complaint of Plaintiffs SIPCO, LLC (“SIPCO”) and IP CO,
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`LLC (d/b/a/INTUS IQ) (“IP CO”) (collectively, “Plaintiffs”), as follows in the correspondingly
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`numbered paragraphs:
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`1.
`
`2.
`
`3.
`
`Admitted.
`
`Admitted.
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`Emerson Defendants admit that Emerson Electric Co. is a corporation organized
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`and existing under the laws of the State of Missouri and deny the remaining allegations of this
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`Paragraph.
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`-1-
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`§
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`Civil Action No. 6:15-CV-907-JRG-KNM
`
`
`SIPCO LLC, and
`IP CO., LLC (d/b/a INTUS IQ)
`
`
`Plaintiffs,
`
`v.
`
`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGMENET LLLP,
`FISHER-ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP PLC, BP
`AMERICA, INC., and BP AMERICA
`PRODUCTION COMPANY
`
`Emerson Defendants.
`
`EMERSON ELECTRIC CO., EMERSON PROCESS MANAGEMENT LLLP, FISHER-
`ROSEMOUNT SYSTEMS, INC., AND ROSEMOUNT INC.’S AMENDED ANSWER TO
`FIRST AMENDED COMPLAINT
`
`Defendants Emerson Electric Co., Emerson Process Management LLLP, Fisher-
`
`Rosemount Systems, Inc., and Rosemount Inc., (collectively, “Emerson Defendants”), amended
`
`their answer the First Amended Complaint of Plaintiffs SIPCO, LLC (“SIPCO”) and IP CO,
`
`LLC (d/b/a/INTUS IQ) (“IP CO”) (collectively, “Plaintiffs”), as follows in the correspondingly
`
`numbered paragraphs:
`
`1.
`
`2.
`
`3.
`
`Admitted.
`
`Admitted.
`
`Emerson Defendants admit that Emerson Electric Co. is a corporation organized
`
`and existing under the laws of the State of Missouri and deny the remaining allegations of this
`
`Paragraph.
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`-1-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 2 of 52
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`4.
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`Emerson Defendants admit that Emerson Process Management LLLP is indirectly
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`a wholly owned subsidiary of Emerson Electric Co., and is organized and existing under the laws
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`of the State of Delaware, and deny the remaining allegations of this Paragraph.
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`5.
`
`6.
`
`7.
`
`Admitted.
`
`Admitted.
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`Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`8.
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`Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`9.
`
`Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`10. Admitted that, in general, claims for patent infringement arise under the cited
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`statutes; denied that the Complaint actually asserts a claim for patent infringement under the
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`cited statutes.
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`11. Admitted.
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`12. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`13. Denied.
`
`14. Denied.
`
`15. Denied.
`
`16. Admitted.
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`17. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`-2-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 3 of 52
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`18. Emerson Defendants admit knowledge of the ‘492 patent before the filing of the
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`Complaint and deny the remaining allegations of this Paragraph.
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`19. Denied.
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`20. Admitted.
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`21. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`22. Emerson Defendants admit knowledge of the ‘692 patent before the filing of the
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`Complaint and deny the remaining allegations of this Paragraph.
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`23. Denied.
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`24. Admitted.
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`25. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`26. Emerson Defendants admit knowledge of the existence of the ‘893 patent before
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`the filing of the Complaint and deny the remaining allegations of this Paragraph.
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`27. Denied.
`
`28. Admitted.
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`29. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`30. Emerson Defendants admit knowledge of the existence of the ‘516 patent before
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`the filing of the Complaint and deny the remaining allegations of this Paragraph.
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`31. Denied.
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`32. Admitted.
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`-3-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 4 of 52
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`33. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`34. Emerson Defendants admit knowledge of the ‘661 patent before the filing of the
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`Complaint and deny the remaining allegations of this Paragraph.
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`35. Denied.
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`36. Admitted.
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`37. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`38. Emerson Defendants admit knowledge of the ‘314 patent before the filing of the
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`Complaint and deny the remaining allegations of this Paragraph.
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`39. Denied.
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`40. Admitted.
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`41. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`42. Emerson Defendants admit knowledge of the existence of the ‘471 patent before
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`the filing of the Complaint and deny the remaining allegations of this Paragraph.
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`43. Denied.
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`44. Admitted.
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`45. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`46. Emerson Defendants admit knowledge of the existence of the ‘496 patent before
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`the filing of the Complaint and deny the remaining allegations of this Paragraph.
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`-4-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 5 of 52
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`47. Denied.
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`48. Admitted.
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`49. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`50. Emerson Defendants admit knowledge of the existence of the ‘780 patent before
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`the filing of the Complaint and deny the remaining allegations of this Paragraph.
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`51. Denied.
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`52. Admitted.
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`53. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`54. Denied.
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`55. Denied.
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`56. Admitted.
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`57. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`58. Emerson Defendants admit knowledge of the existence of the ‘732 patent before
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`the filing of the Complaint and deny the remaining allegations of this Paragraph.
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`59. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`60. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`-5-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 6 of 52
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`61. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`62. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`63. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`64. Emerson Defendants lack knowledge or information sufficient to form a belief as
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`to the truth of the allegations of this Paragraph, and therefore deny them.
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`65. Emerson Defendants admit that they sell and offer for sale products marketed by
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`reference to “Smart Wireless Solutions.” Emerson Defendants lack knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations of this Paragraph, and
`
`therefore deny them.
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`66. Emerson Defendants admit that they sell and offer for sale products marketed by
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`reference to “Smart Wireless Solutions” that may include gateways, devices, sensors, and
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`software that support some aspects of the WirelessHART standard. Emerson Defendants lack
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`of this Paragraph, and therefore deny them.
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`67. Emerson Defendants admit that gateways may receive wireless messages
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`according to some aspects of the WirelessHART standard. Emerson Defendants lack knowledge
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`or information sufficient to form a belief as to the truth of the remaining allegations of this
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`Paragraph, and therefore deny them
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`68. Denied.
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`-6-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 7 of 52
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`69. Emerson Defendants deny all allegations in this paragraph, or lack knowledge or
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`information sufficient to form a belief as to the truth of the allegations of this Paragraph, and
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`therefore deny them, except the Emerson Defendants admit that: on or about August 2015
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`Emerson and BP agreed to agree upon terms and conditions that would apply if and when BP
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`requests and Emerson sells various products including some wirelessly-enabled products
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`marketed by reference to “Smart Wireless Solutions” and Emerson believes that BP’s upstream
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`oil and gas operations include wellheads at oil and gas fields around the globe.
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`70. Denied.
`
`71. Admitted.
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`72. Admitted that Emerson Electric Co. received a license to certain patents owned by
`
`SIPCO and IP CO, including the ‘511, ‘062, ‘516, ‘492, ‘692, ‘661, ‘893, ‘314, ‘471, and other
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`patents, and that the license had specific terms including field of use and licensed products; the
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`remaining contentions of this Paragraph are denied.
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`73. Denied.
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`74. Denied.
`
`75. Denied.
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`76. Denied.
`
`77. Denied.
`
`78. Denied.
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`79. Denied.
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`80. Denied.
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`-7-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 8 of 52
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`81. Admitted that Emerson Electric Co. had knowledge of the existence of the ‘511,
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`‘062, ‘516, ‘492, ‘692, ‘661, ‘893, and 314 patents before October 25, 2011 and denied as to the
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`remaining allegations of this Paragraph.
`
`82. Admitted that Emerson Process Management LLLP had knowledge of the
`
`existence of the ‘511, ‘062, ‘516, ‘492, ‘692, ‘661, ‘893, and 314 patents before October 25,
`
`2011 and denied as to the remaining allegations of this Paragraph.
`
`83. Admitted that Fisher-Rosemount Systems, Inc. had knowledge of the existence of
`
`the ‘511, ‘062, ‘516, ‘492, ‘692, ‘661, ‘893, and 314 patents before October 25, 2011 and denied
`
`as to the remaining allegations of this Paragraph.
`
`84. Admitted that Rosemount, Inc. had knowledge of the existence of the ‘511, ‘062,
`
`‘516, ‘492, ‘692, ‘661, ‘893, and 314 patents before October 25, 2011 and denied as to the
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`remaining allegations of this Paragraph.
`
`85. Admitted that BP is not a party to the License Agreement; Emerson Defendants
`
`lack knowledge or information sufficient to form a belief as to the truth of the remaining
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`allegations of this Paragraph, and therefore deny them.
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`86. Emerson Defendants lack knowledge or information sufficient to form a belief as
`
`to the truth of the allegations of this Paragraph, and therefore deny them.
`
`87. Emerson Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs.
`
`88. Denied.
`
`89. Denied.
`
`90. Denied.
`
`91. Denied.
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`-8-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 9 of 52
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`92. Denied.
`
`93. Denied.
`
`94. Denied.
`
`95. Denied.
`
`96. Denied.
`
`97. Denied.
`
`98. Denied.
`
`99. Denied.
`
`100. Emerson Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs.
`
`101. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`102. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`103. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
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`identified, and therefore deny them.
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`-9-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 10 of 52
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`104. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`105. Emerson Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs.
`
`106. Denied.
`
`107. Denied.
`
`108. Denied.
`
`109. Denied.
`
`110. Denied.
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`111. Emerson Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs.
`
`112. Denied.
`
`113. Denied.
`
`114. Denied.
`
`115. Denied.
`
`116. Denied.
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`117. Denied.
`
`118. Denied.
`
`119. Denied.
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`120. Denied.
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`-10-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 11 of 52
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`121. Denied.
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`122. Denied.
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`123. Denied.
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`124. Emerson Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs.
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`125. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
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`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
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`identified, and therefore deny them.
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`126. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
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`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
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`identified, and therefore deny them.
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`127. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
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`128. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
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`identified, and therefore deny them.Emerson
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`129. Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs.
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 12 of 52
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`130. Denied.
`
`131. Denied.
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`132. Denied.
`
`133. Denied.
`
`134. Denied.
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`135. Emerson Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs.
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`136. Denied.
`
`137. Denied.
`
`138. Denied.
`
`139. Denied.
`
`140. Denied.
`
`141. Denied.
`
`142. Denied.
`
`143. Denied.
`
`144. Denied.
`
`145. Denied.
`
`146. Denied.
`
`147. Denied.
`
`148. Emerson Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs
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`-12-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 13 of 52
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`149. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`150. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`151. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`152. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`153. Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs.
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`154. Denied.
`
`155. Denied.
`
`156. Denied.
`
`157. Denied.
`
`158. Denied.
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 14 of 52
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`159. Emerson Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs.
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`160. Denied.
`
`161. Denied.
`
`162. Denied.
`
`163. Denied.
`
`164. Denied.
`
`165. Denied.
`
`166. Denied.
`
`167. Denied.
`
`168. Denied.
`
`169. Denied.
`
`170. Denied.
`
`171. Denied.
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`172. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
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`173. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
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`174. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 15 of 52
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`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`175. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`176. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`177. Emerson Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs.
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`178. Denied.
`
`179. Denied.
`
`180. Denied.
`
`181. Denied.
`
`182. Denied.
`
`183. Denied.
`
`184. Denied.
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`185. Denied.
`
`186. Denied.
`
`187. Denied.
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`188. Denied.
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 16 of 52
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`189. Denied.
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`190. Emerson Defendants restate and incorporate the answers set forth in the preceding
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`paragraphs.
`
`191. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`192. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`193. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`194. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`195. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
`
`196. Denied.
`
`197. Denied.
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 17 of 52
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`198. Denied.
`
`199. Denied.
`
`200. Denied.
`
`201. Denied.
`
`202. Denied.
`
`203. Denied.
`
`204. Denied.
`
`205. Denied.
`
`206. Denied.
`
`207. Denied.
`
`208. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
`
`209. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`210. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`211. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
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`-17-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 18 of 52
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`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`212. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`213. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
`
`214. Denied.
`
`215. Denied.
`
`216. Denied.
`
`217. Denied.
`
`218. Denied.
`
`219. Denied.
`
`220. Denied.
`
`221. Denied.
`
`222. Denied.
`
`223. Denied.
`
`224. Denied.
`
`225. Denied.
`
`226. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
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`-18-
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`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 19 of 52
`
`227. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`228. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`229. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`230. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
`
`231. Denied.
`
`232. Denied.
`
`233. Denied.
`
`234. Denied.
`
`235. Denied.
`
`236. Denied.
`
`237. Denied.
`
`238. Denied.
`
`239. Denied.
`
`-19-
`
`
`
`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 20 of 52
`
`240. Denied.
`
`241. Denied.
`
`242. Denied.
`
`243. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
`
`244. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`245. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`246. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`247. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`248. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
`
`-20-
`
`
`
`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 21 of 52
`
`249. Denied.
`
`250. Denied.
`
`251. Denied.
`
`252. Denied.
`
`253. Denied.
`
`254. Denied.
`
`255. Denied.
`
`256. Denied.
`
`257. Denied.
`
`258. Denied.
`
`259. Denied.
`
`260. Denied.
`
`261. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
`
`262. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`263. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`-21-
`
`
`
`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 22 of 52
`
`264. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`265. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`266. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
`
`267. Denied.
`
`268. Denied.
`
`269. Denied.
`
`270. Denied.
`
`271. Denied.
`
`272. Denied.
`
`273. Denied.
`
`274. Denied.
`
`275. Denied.
`
`276. Denied.
`
`277. Denied.
`
`278. Denied.
`
`-22-
`
`
`
`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 23 of 52
`
`279. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
`
`280. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`281. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`282. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`283. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`284. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
`
`285. Denied.
`
`286. Denied.
`
`287. Denied.
`
`-23-
`
`
`
`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 24 of 52
`
`288. Denied.
`
`289. Denied.
`
`290. Denied.
`
`291. Denied.
`
`292. Denied.
`
`293. Denied.
`
`294. Denied.
`
`295. Denied.
`
`296. Denied.
`
`297. Emerson Defendants restate and incorporate the answers set forth in the preceding
`
`paragraphs.
`
`298. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`299. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`300. Emerson Defendants deny the allegations of this Paragraph as to the Emerson
`
`products specifically identified; Emerson Defendants lack knowledge or information sufficient to
`
`form a belief as to the truth of the allegations of this Paragraph as to the products not specifically
`
`identified, and therefore deny them.
`
`-24-
`
`
`
`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 25 of 52
`
`EMERSON DEFENDANTS’ DEFENSES
`
`301. Emerson Defendants assert the following additional defenses to the Complaint,
`
`without altering the burden of proof. Emerson Defendants do not assume the burden of proof on
`
`any issue that is Plaintiffs’ burden as a matter of law. Emerson Defendants reserve the right to
`
`amend or supplement these defenses upon discovery and further investigation.
`
`FIRST DEFENSE
`FAILURE TO STATE A CLAIM
`
`302. Plaintiffs’ Complaint fails to state a claim upon which relief may be granted
`
`and/or fails to plead the allegations with sufficient particularity.
`
`SECOND DEFENSE
`NONINFRINGEMENT
`
`303. Emerson Defendants do not infringe and have not infringed any valid and
`
`enforceable claim of the Patents-In-Suit, either literally, or under the doctrine of equivalents,
`
`directly, by active inducement, or by contributing to infringement by others.
`
`THIRD DEFENSE
`INVALIDITY
`
`304. One or more of the claims of the Patents-In-Suit is invalid for failure to satisfy
`
`one or more conditions for patentability set forth in Title 35 of the United States Code, including
`
`without limitation, for example, 35 U.S.C. §§ 101, 102, 103, and/or 112 and the rules,
`
`regulations and laws associated with them.
`
`FOURTH DEFENSE
`LIMITATIONS ON DAMAGES
`
`305. Plaintiffs’ claim for damages for infringement of the Patents-In-Suit is limited by
`
`35 U.S.C. §§ 286 and 287.
`
`FIFTH DEFENSE
`LACK OF STANDING
`
`-25-
`
`
`
`Case 1:16-cv-02690-AT Document 106 Filed 07/14/16 Page 26 of 52
`
`306. Upon information and belief, Plaintiffs lack standing to maintain the Complaint.
`
`SIXTH DEFENSE PROSECUTION
`LACHES AND UNC
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