Case 1:19-cv-11278-RGS Document 26 Filed 09/27/19 Page 1 of 6
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`Civil Action No. 1:19-cv-11278-RGS
`
`UNILOC 2017 LLC,
`
` Plaintiff,
`
`
`v.
`
`
`ATHENAHEALTH, INC.,
`
` Defendant.
`
`
`
`
`ANSWER TO AMENDED COMPLAINT
`
`Defendant athenahealth, Inc. (“athenahealth”) hereby answers the Amended Complaint,
`
`D.I. 24, of Plaintiff Uniloc 2017 LLC (“Uniloc”) as follows. athenahealth denies all allegations
`
`except those that are specifically admitted.
`
`PARTIES
`
`1.
`
`athenahealth lacks knowledge or information sufficient to form a belief about the
`
`truth of the allegations in this Paragraph and on that basis denies them.
`
`2.
`
`Admitted.
`
`JURISDICTION AND VENUE
`
`3.
`
`Admitted that subject matter jurisdiction is proper. To the extent not expressly
`
`admitted, athenahealth denies any remaining allegations in this Paragraph.
`
`COUNT I
`
`(ALLEGED INFRINGEMENT OF U.S. PATENT NO. 6,324,578)
`
`4.
`
`5.
`
`athenahealth incorporates its responses to Paragraphs 1-3 above by reference.
`
`athenahealth lacks knowledge or information sufficient to form a belief about the
`
`truth of the allegations in this Paragraph and on that basis denies them.
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`Civil Action No. 1:19-cv-11278-RGS
`
`UNILOC 2017 LLC,
`
` Plaintiff,
`
`
`v.
`
`
`ATHENAHEALTH, INC.,
`
` Defendant.
`
`
`
`
`ANSWER TO AMENDED COMPLAINT
`
`Defendant athenahealth, Inc. (“athenahealth”) hereby answers the Amended Complaint,
`
`D.I. 24, of Plaintiff Uniloc 2017 LLC (“Uniloc”) as follows. athenahealth denies all allegations
`
`except those that are specifically admitted.
`
`PARTIES
`
`1.
`
`athenahealth lacks knowledge or information sufficient to form a belief about the
`
`truth of the allegations in this Paragraph and on that basis denies them.
`
`2.
`
`Admitted.
`
`JURISDICTION AND VENUE
`
`3.
`
`Admitted that subject matter jurisdiction is proper. To the extent not expressly
`
`admitted, athenahealth denies any remaining allegations in this Paragraph.
`
`COUNT I
`
`(ALLEGED INFRINGEMENT OF U.S. PATENT NO. 6,324,578)
`
`4.
`
`5.
`
`athenahealth incorporates its responses to Paragraphs 1-3 above by reference.
`
`athenahealth lacks knowledge or information sufficient to form a belief about the
`
`truth of the allegations in this Paragraph and on that basis denies them.
`
`
`
`
`
`Case 1:19-cv-11278-RGS Document 26 Filed 09/27/19 Page 2 of 6
`
`6.
`
`athenahealth admits that it operated athenaNet. To the extent not expressly
`
`admitted, athenahealth denies any remaining allegations in this Paragraph.
`
`7.
`
`8.
`
`9.
`
`Denied.
`
`Denied.
`
`Denied.
`
`10.
`
`athenahealth admits that it was served with the complaint from the previous action
`
`between Uniloc and athenahealth in the Eastern District of Texas on May 17, 2017. To the
`
`extent not expressly admitted, athenahealth denies any remaining allegations in this Paragraph.
`
`11.
`
`12.
`
`Denied.
`
`Denied.
`
`COUNT II
`
`(INFRINGEMENT OF U.S. PATENT NO. 7,069,293)
`
`13.
`
`14.
`
`athenahealth incorporates its responses to Paragraphs 1-12 above by reference.
`
`athenahealth lacks knowledge or information sufficient to form a belief about the
`
`truth of the allegations in this Paragraph and on that basis denies them.
`
`15.
`
`16.
`
`Denied.
`
`athenahealth admits that it was served with the complaint from the previous action
`
`between Uniloc and athenahealth in the Eastern District of Texas on May 17, 2017. To the
`
`extent not expressly admitted, athenahealth denies any remaining allegations in this Paragraph.
`
`17.
`
`18.
`
`Denied.
`
`Denied.
`
`RESPONSE TO PRAYER FOR RELIEF
`
`athenahealth denies that Uniloc is entitled to any relief.
`
`
`
`2
`
`
`
`Case 1:19-cv-11278-RGS Document 26 Filed 09/27/19 Page 3 of 6
`
`FIRST AFFIRMATIVE DEFENSE
`(Non-Infringement)
`
`19.
`
`athenahealth has not infringed and is not infringing, either directly, contributorily,
`
`or by inducement, either literally or under the doctrine of equivalence, or otherwise, any valid
`
`and enforceable claim of U.S. Pat. Nos. 6,324,578, or 7,069,293.
`
`SECOND AFFIRMATIVE DEFENSE
`(Invalidity)
`
`20.
`
`The claims of U.S. Pat. Nos. 6,324,578, and 7,069,293, are invalid and/or
`
`unenforceable for failing to meet one or more of the requisite statutory and decisional
`
`requirements and/or conditions for patentability under Title 35 of the United States Code,
`
`including, but not limited to §§ 101, 102, 103, 112, and/or 116.
`
`THIRD AFFIRMATIVE DEFENSE
`(License)
`
`21.
`
`U.S. Pat. Nos. 6,324,578, and 7,069,293 were formerly assigned to International
`
`Business Machines Corporation.
`
`IBM is known to license its patents widely in the industry.
`
`On information and belief, athenahealth’s accused products and/or their use is
`
`22.
`
`23.
`
`licensed.
`
`FOURTH AFFIRMATIVE DEFENSE
`(Equitable Defenses)
`
`24.
`
`Uniloc’s claims for relief are barred, in whole or in part, under principles of
`
`equity including, but not limited to, prosecution laches, waiver, estoppel, and/or unclean hands.
`
`FIFTH AFFIRMATIVE DEFENSE
`(Lack of Knowledge)
`
`25.
`
`To the extent that Uniloc asserts that athenahealth indirectly infringes, either by
`
`contributory infringement or inducement of infringement, athenahealth is not liable for the acts
`
`
`
`3
`
`
`
`Case 1:19-cv-11278-RGS Document 26 Filed 09/27/19 Page 4 of 6
`
`taking place without athenahealth’s knowledge that its actions would allegedly cause
`
`infringement, and such knowledge does not exist. In addition, any and all products or actions
`
`accused of infringement have substantial uses that do not infringe and do not induce or
`
`contribute to the alleged infringement of the claims of U.S. Pat. Nos. 6,324,578, and 7,069,293.
`
`SIXTH AFFIRMATIVE DEFENSE
`(Lack of Control)
`
`26.
`
`Uniloc’s claims for relief are barred because Uniloc’s injuries, if any, were not
`
`caused by athenahealth and athenahealth is not liable for the acts of others over whom it has no
`
`control.
`
`SEVENTH AFFIRMATIVE DEFENSE
`(Prosecution History Estoppel)
`
`27.
`
`To the extent that Uniloc alleges infringement under the doctrine of equivalents,
`
`Uniloc’s alleged cause of action is barred, including, without limitation, under the doctrine of
`
`prosecution history estoppel, claim vitiation, and/or recapture. By virtue of statements made,
`
`amendments made, and/or positions taken during prosecution and n the intrinsic record of U.S.
`
`Pat. Nos. 6,324,578, and 7,069,293 and the applications to which these patents claim priority,
`
`Uniloc is estopped from asserting that those patents cover or include any of the accused products
`
`or services of athenahealth.
`
`EIGHTH AFFIRMATIVE DEFENSE
`(Limitation on Damages)
`
`28.
`
`Uniloc’s right to seek damages and other remedies from athenahealth is limited by
`
`35 U.S.C. §§ 285, 286, 287, and/or 288, and may additionally be limited by 28 U.S.C. § 1498.
`
`
`
`
`
`4
`
`
`
`Case 1:19-cv-11278-RGS Document 26 Filed 09/27/19 Page 5 of 6
`
`NINETH AFFIRMATIVE DEFENSE
`(Lack of Standing)
`
`29.
`
`Uniloc lacks standing to bring this action because Uniloc is not the Owner or
`
`proper party to assert the patents-in-suit.
`
`TENTH AFFIRMATIVE DEFENSE
`(Failure to State a Claim)
`
`30.
`
`The Amended Complaint fails to state a claim upon which relief can be granted,
`
`and the claim charts attached to the Amended Complaint fail to show that any accused
`
`instrumentality has each limitation of any asserted claim.
`
`RESERVATION OF RIGHTS
`
`athenahealth reserves all affirmative defenses available under Rule 8(c) of the Federal
`
`Rules of Civil Procedure, the patent laws of the United States, and all other defenses, at law or in
`
`equity, that may now exist or in the future be available based on discovery and further
`
`investigation in this case.
`
`
`
`5
`
`
`
`Case 1:19-cv-11278-RGS Document 26 Filed 09/27/19 Page 6 of 6
`
`Dated: September 27, 2019
`
`/s/ James N. Sebel
`Steven R. Katz (BBO #642732)
`katz@fr.com
`Christopher R. Dillon (BBO #640896
`dillon@fr.com
`Matthew C. Berntsen (BBO #678533)
`berntsen@fr.com
`Andrew G. Pearson (BBO #688709)
`pearson@fr.com
`James N. Sebel (BBO #693531)
`sebel@fr.com
`
`FISH & RICHARDSON P.C.
`One Marina Park Drive
`Boston, MA 02210
`Telephone: (617) 542-5070
`Facsimile: (617) 542-8906
`Attorneys for Defendant
`ATHENAHEALTH, INC.
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that this document(s) filed through the ECF system will be sent
`
`electronically to the registered participants as identified on the Notice of Electronic Filing (NEF)
`
`and paper copies will be sent to those indicated as non registered participants on this 27th day of
`
`September, 2019.
`
`/s/ James N. Sebel
`James N. Sebel
`
`6
`
`
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