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Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.242 Filed 12/09/21 Page 1 of 14
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`MicroPairing Technologies LLC,
`
` Plaintiff,
`
`v.
`
`FCA US LLC,
`
` Defendant.
`
`
`
`
`
`
`
`
`
`
`Case No. 2:21-cv-12015-LJM-DRG
`
`Honorable Laurie J. Michelson
`Magistrate Judge David R. Grand
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF MICROPAIRING TECHNOLOGIES LLC’S ANSWER
`TO DEFENDANT FCA US LLC’S COUNTERCLAIMS
`
`Plaintiff MicroPairing Technologies LLC (“MicroPairing”) answers the
`
`
`
`
`
`
`
`
`Counterclaims of Defendant FCA US LLC (“FCA”). MicroPairing answers FCA’s
`
`allegations using the same headers and numbers that appear in the “Counterclaims”
`
`section of FCA’s pleading (Dkt. No. 21). For this reason, paragraph numbers five
`
`and six are skipped, as they were skipped in the Counterclaims. All of FCA’s
`
`allegations not expressly admitted herein are denied.
`
`THE PARTIES
`
`1.
`
`On information and belief, MicroPairing is a Texas limited liability
`
`company in Plano, Texas.
`
`Answer: Admitted.
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.243 Filed 12/09/21 Page 2 of 14
`
`2.
`
`FCA is a Delaware corporation with its principal place of business
`
`located at 1000 Chrysler Drive, Auburn Hills, Oakland County, Michigan 48326.
`
`Answer: Admitted.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is a counterclaim for declaratory judgement of patent invalidity
`
`and non-infringement arising under the Declaratory Judgement Act, Title 28,
`
`sections 2201 and 2202, and the Patent Act, Title 25, section 1 et seq. This Court has
`
`subject matter jurisdiction based on 28 U.S.C. §§ 1331, 1339, and 1367. Venue is
`
`proper in this district under 28 U.S.C. §§ 1391(b) and (c) and 1400(b).
`
`Answer: Admitted that this counterclaim purports to be for a declaratory
`
`judgment of patent invalidity and non-infringement. Admitted that this Court has
`
`subject matter jurisdiction, and that venue is proper for this action. The balance of
`
`this paragraph is denied.
`
`4. MicroPairing has filed this case, alleging that FCA is infringing the
`
`’049, ’028, ’117, and ’136 patents and that the asserted patents are valid. FCA
`
`disputes MicroPairing’s allegations, thus there is an actual case or controversy
`
`between the parties over the non-infringement and invalidity of the asserted patents.
`
`Answer: Admitted as to the first sentence. Admitted that FCA purports to
`
`dispute MicroPairing’s allegations. The balance of this paragraph is denied.
`
`
`
`
`
`2
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.244 Filed 12/09/21 Page 3 of 14
`
`COUNT 1: NON-INFRINGEMENT OF THE ’049 PATENT
`
`7. MicroPairing claims that it is the assignee of the ’049 patent and that it
`
`is the owner of all rights, title and interest in and to the ’049 patent. MicroPairing
`
`has charged FCA with infringement of the ’049 patent by filing the Complaint
`
`against FCA on August 30, 2021.
`
`Answer: Admitted.
`
`8.
`
`FCA has not been and is not now infringing any claim of the ’049
`
`patent. In light of MicroPairing’s Complaint, there exists an actual and justiciable
`
`controversy between MicroPairing and FCA regarding this patent.
`
`Answer: Denied.
`
`9.
`
`Accordingly, FCA desires a judicial determination and declaration of
`
`the respective rights and duties of the parties herein. Such a determination and
`
`declaration is necessary and appropriate at this time so that the parties may ascertain
`
`their respective rights and duties.
`
`Answer: Admitted as to first sentence. The balance of this paragraph is
`
`denied.
`
`10. FCA is entitled to a declaratory judgment that it has not infringed and
`
`is not infringing the ’049 patent.
`
`Answer: Denied.
`
`
`
`
`
`3
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.245 Filed 12/09/21 Page 4 of 14
`
`COUNT 2: INVALIDITY OF THE ’049 PATENT
`
`11. FCA contends that the asserted claims of the ’049 patent are invalid
`
`pursuant to one or more of the provisions of Title 35 of the United States Code,
`
`including, but not limited to, 35 U.S.C. §§ 101 (lack of patentable subject matter),
`
`102 (anticipation), 103 (obviousness), and/or 112 (indefiniteness and failure to
`
`satisfy the written description and/or enablement requirements).
`
`Answer: Admitted that FCA makes the referenced contentions. The
`
`contentions themselves, and the balance of this paragraph, are denied.
`
`12. MicroPairing avers that the ’049 patent is valid and enforceable.
`
`Answer: Admitted.
`
`13. Accordingly, a valid and justiciable controversy has arisen and exists
`
`between MicroPairing and FCA. FCA desires a judicial determination and
`
`declaration of the respective rights and duties of the parties herein. Such a
`
`determination and declaration is necessary and appropriate at this time so that parties
`
`may ascertain their respective rights and duties.
`
`Answer: Denied.
`
`14. FCA is entitled to a declaratory judgment that the asserted claims of the
`
`’049 patent are invalid.
`
`Answer: Denied.
`
`
`
`
`
`4
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.246 Filed 12/09/21 Page 5 of 14
`
`COUNT 3: NON-INFRINGEMENT OF THE ’028 PATENT
`
`15. MicroPairing claims that it is the assignee of the ’028 patent and that it
`
`is the owner of all rights, title and interest in and to the ’028 patent. MicroPairing
`
`has charged FCA with infringement of the ’028 patent by filing the Complaint
`
`against FCA on August 30, 2021.
`
`Answer: Admitted.
`
`16. FCA has not been and is not now infringing any claim of the ’028
`
`patent. In light of MicroPairing’s Complaint, there exists an actual and justiciable
`
`controversy between MicroPairing and FCA regarding this patent.
`
`Answer: Denied.
`
`17. Accordingly, FCA desires a judicial determination and declaration of
`
`the respective rights and duties of the parties herein. Such a determination and
`
`declaration is necessary and appropriate at this time so that the parties may ascertain
`
`their respective rights and duties.
`
`Answer: Admitted as to first sentence. The balance of this paragraph is
`
`denied.
`
`18. FCA is entitled to a declaratory judgment that it has not infringed and
`
`is not infringing the ’028 patent.
`
`Answer: Denied.
`
`
`
`
`
`5
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.247 Filed 12/09/21 Page 6 of 14
`
`COUNT 4: INVALIDITY OF THE ’028 PATENT
`
`19. FCA contends that the asserted claims of the ’028 patent are invalid
`
`pursuant to one or more of the provisions of Title 35 of the United States Code,
`
`including, but not limited to, 35 U.S.C. §§ 101 (lack of patentable subject matter),
`
`102 (anticipation), 103 (obviousness), and/or 112 (indefiniteness and failure to
`
`satisfy the written description and/or enablement requirements).
`
`Answer: Admitted that FCA makes the referenced contentions. The
`
`contentions themselves, and the balance of this paragraph, are denied.
`
`20. MicroPairing avers that the ’028 patent is valid and enforceable.
`
`Answer: Admitted.
`
`21. Accordingly, a valid and justiciable controversy has arisen and exists
`
`between MicroPairing and FCA. FCA desires a judicial determination and
`
`declaration of the respective rights and duties of the parties herein. Such a
`
`determination and declaration is necessary and appropriate at this time so that parties
`
`may ascertain their respective rights and duties.
`
`Answer: Denied.
`
`22. FCA is entitled to a declaratory judgment that the asserted claims of the
`
`’028 patent are invalid.
`
`Answer: Denied.
`
`
`
`
`
`6
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.248 Filed 12/09/21 Page 7 of 14
`
`COUNT 5: NON-INFRINGEMENT OF THE ’117 PATENT
`
`23. MicroPairing claims that it is the assignee of the ’117 patent and that it
`
`is the owner of all rights, title and interest in and to the ’117 patent. MicroPairing
`
`has charged FCA with infringement of the ’117 patent by filing the Complaint
`
`against FCA on August 30, 2021.
`
`Answer: Admitted.
`
`24. FCA has not been and is not now infringing any claim of the ’117
`
`patent. In light of MicroPairing’s Complaint, there exists an actual and justiciable
`
`controversy between MicroPairing and FCA regarding this patent.
`
`Answer: Denied.
`
`25. Accordingly, FCA desires a judicial determination and declaration of
`
`the respective rights and duties of the parties herein. Such a determination and
`
`declaration is necessary and appropriate at this time so that the parties may ascertain
`
`their respective rights and duties.
`
`Answer: Admitted as to first sentence. The balance of this paragraph is
`
`denied.
`
`26. FCA is entitled to a declaratory judgment that it has not infringed and
`
`is not infringing the ’117 patent.
`
`Answer: Denied.
`
`
`
`
`
`7
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.249 Filed 12/09/21 Page 8 of 14
`
`COUNT 6: INVALIDITY OF THE ’117 PATENT
`
`27. FCA contends that the asserted claims of the ’117 patent are invalid
`
`pursuant to one or more of the provisions of Title 35 of the United States Code,
`
`including, but not limited to, 35 U.S.C. §§ 101 (lack of patentable subject matter),
`
`102 (anticipation), 103 (obviousness), and/or 112 (indefiniteness and failure to
`
`satisfy the written description and/or enablement requirements).
`
`Answer: Admitted that FCA makes the referenced contentions. The
`
`contentions themselves, and the balance of this paragraph, are denied.
`
`28. MicroPairing avers that the ’117 patent is valid and enforceable.
`
`Answer: Admitted.
`
`29. Accordingly, a valid and justiciable controversy has arisen and exists
`
`between MicroPairing and FCA. FCA desires a judicial determination and
`
`declaration of the respective rights and duties of the parties herein. Such a
`
`determination and declaration is necessary and appropriate at this time so that parties
`
`may ascertain their respective rights and duties.
`
`Answer: Denied.
`
`30. FCA is entitled to a declaratory judgment that the asserted claims of the
`
`’117 patent are invalid.
`
`Answer: Denied.
`
`
`
`
`
`8
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.250 Filed 12/09/21 Page 9 of 14
`
`COUNT 7: NON-INFRINGEMENT OF THE ’136 PATENT
`
`31. MicroPairing claims that it is the assignee of the ’136 patent and that it
`
`is the owner of all rights, title and interest in and to the ’136 patent. MicroPairing
`
`has charged FCA with infringement of the ’136 patent by filing the Complaint
`
`against FCA on August 30, 2021.
`
`Answer: Admitted.
`
`32. FCA has not been and is not now infringing any claim of the ’136
`
`patent. In light of MicroPairing’s Complaint, there exists an actual and justiciable
`
`controversy between MicroPairing and FCA regarding this patent.
`
`Answer: Denied.
`
`33. Accordingly, FCA desires a judicial determination and declaration of
`
`the respective rights and duties of the parties herein. Such a determination and
`
`declaration is necessary and appropriate at this time so that the parties may ascertain
`
`their respective rights and duties.
`
`Answer: Admitted as to first sentence. The balance of this paragraph is
`
`denied.
`
`34. FCA is entitled to a declaratory judgment that it has not infringed and
`
`is not infringing the ’136 patent.
`
`Answer: Denied.
`
`
`
`
`
`9
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.251 Filed 12/09/21 Page 10 of 14
`
`COUNT 8: INVALIDITY OF THE ’136 PATENT
`
`35. FCA contends that the asserted claims of the ’136 patent are invalid
`
`pursuant to one or more of the provisions of Title 35 of the United States Code,
`
`including, but not limited to, 35 U.S.C. §§ 101 (lack of patentable subject matter),
`
`102 (anticipation), 103 (obviousness), and/or 112 (indefiniteness and failure to
`
`satisfy the written description and/or enablement requirements).
`
`Answer: Admitted that FCA makes the referenced contentions. The
`
`contentions themselves, and the balance of this paragraph, are denied.
`
`36. MicroPairing avers that the ’136 patent is valid and enforceable.
`
`Answer: Admitted.
`
`37. Accordingly, a valid and justiciable controversy has arisen and exists
`
`between MicroPairing and FCA. FCA desires a judicial determination and
`
`declaration of the respective rights and duties of the parties herein. Such a
`
`determination and declaration is necessary and appropriate at this time so that parties
`
`may ascertain their respective rights and duties.
`
`Answer: Denied.
`
`38. FCA is entitled to a declaratory judgment that the asserted claims of the
`
`’136 patent are invalid.
`
`Answer: Denied.
`
`
`
`
`
`10
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.252 Filed 12/09/21 Page 11 of 14
`
`DEMAND FOR JURY TRIAL
`
`In accordance with Rule 38 of the Federal Rules of Civil Procedure FCA
`
`respectfully requests a jury trial of all issues triable to a jury in this action.
`
`Answer: Admitted that FCA requests a jury trial of all issues triable to a jury
`
`in this action.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, FCA respectfully requests the following relief:
`
`(a) That MicroPairing take nothing by reasons of its Complaint;
`
`(b) That the Court find and declare that FCA has not and does not infringe in
`
`any manner any valid, asserted claim of the asserted patents;
`
`(c) That the Court find and declare that the asserted claims of the asserted
`
`patents are invalid, void, and without force or effect against FCA and its officers,
`
`employees, agents, and attorneys;
`
`(d) That the Court award FCA its costs and disbursements in this action;
`
`(e) That the Court declare this case exceptional pursuant to 35 U.S.C. § 285
`
`and award FCA its reasonable attorneys’ fees and costs in this action; and
`
`(f) That the Court award to FCA such other and further relief to which it may
`
`be entitled.
`
`Answer: Denied that FCA is entitled to any of the relief requested in
`
`paragraphs (a)-(f) of FCA’s Prayer for Relief.
`
`
`
`11
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.253 Filed 12/09/21 Page 12 of 14
`
`MICROPAIRING’S PRAYER FOR RELIEF
`
`
`
`Wherefore, MicroPairing prays for the following relief:
`
`A. All relief sought in MicroPairing’s Original Complaint;
`
`B. That FCA takes nothing by reason of the Counterclaims, and that the
`
`counterclaims be dismissed with prejudice;
`
`C. That the Court enter judgment in favor of MicroPairing and against FCA,
`
`with respect to all causes of action in the Counterclaims;
`
`D. That the Court award MicroPairing its attorneys’ fees and other costs
`
`reasonably incurred in the defense of the counterclaims; and
`
`E. That the Court order such other further relief for MicroPairing as the Court
`
`may deem just and proper.
`
`JURY DEMAND
`
`
`
`MicroPairing demands a trial by jury of any and all issues triable of right
`
`before a jury.
`
`Dated: December 9, 2021
`
`Respectfully Submitted,
`
`By: /s/ Edward R. Nelson III
`Edward R. Nelson III (TXSBN 00797142)
`ed@nelbum.com
`Admitted to the Bar of this Court
`Brian P. Herrmann (TXSBN 24083174)
`brian@nelbum.com
`Admitted to the Bar of this Court
`NELSON BUMGARDNER CONROY
`3131 West Seventh Street, Suite 300
`
`
`
`12
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.254 Filed 12/09/21 Page 13 of 14
`
`Fort Worth, TX 76107
`Telephone: 817.377.9111
`
`Timothy E. Grochocinski (ILSBN
`6295055)
`tim@nelbum.com
`Admitted to the Bar of this Court
`C. Austin Ginnings (NYSBN 4986691)
`austin@nelbum.com
`Admitted to the Bar of this Court
`NELSON BUMGARDNER CONROY
`15020 S. Ravinia Avenue, Suite 29
`Orland Park, IL 60462
`Telephone: 708.675.1974
`
`Ryan P. Griffin (TXSBN 24053687)
`ryan@nelbum.com
`Admitted to the Bar of this Court
`NELSON BUMGARDNER CONROY
`2727 N. Harwood Street, Suite 250
`Dallas, Texas 75201
`Telephone: 817.377.9111
`
`Thomas E. Bejin (MISBN P56854)
`bejin@b2iplaw.com
`BEJIN BIENEMAN PLC
`2000 Town Center, Suite 800
`Southfield, MI 48075
`Telephone: 313.528.4882
`
`Attorneys for Plaintiff
`MICROPAIRING TECHNOLOGIES
`LLC
`
`13
`
`
`
`
`
`
`
`
`
`
`

`

`Case 2:21-cv-12015-LJM-DRG ECF No. 25, PageID.255 Filed 12/09/21 Page 14 of 14
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on December 9, 2021, I electronically filed the foregoing
`
`instrument with the Clerk of the Court using the CM/ECF system, which will send
`
`notification of such filing to all counsel of record.
`
`
`
`
`
`
`
`
`/s/ Edward R. Nelson III
`
`14
`
`

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