Case 2:22-cv-11408-TGB ECF No. 11, PageID.349 Filed 08/24/22 Page 1 of 34
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`
`
`IN RE NEO WIRELESS LLC
`PATENT LITIG.
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`
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`2:22-MD-03034-TGB
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`HON. TERRENCE G. BERG
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`
`
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`2:22-CV-11408-TGB
`
`HON. TERRENCE G. BERG
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`JURY TRIAL DEMANDED
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`
`
`
`NEO WIRELESS LLC
`
`
`Plaintiff,
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`vs.
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`TESLA, INC.
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`
`Defendant.
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`
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`
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`TESLA’S ANSWER TO AMENDED COMPLAINT
`Defendant Tesla, Inc. (“Tesla”) files this Answer to Plaintiff Neo Wireless,
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`LLC’s (“Plaintiff”) First Amended Complaint for Patent Infringement. Except as
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`expressly admitted below, Tesla denies each and every allegation set forth in the
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`Amended Complaint. Any factual allegation admitted below is admitted only as to
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`the specific admitted facts, and not as to any purported conclusions,
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`characterizations, implications, or speculations that might follow from the admitted
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`
`IN RE NEO WIRELESS LLC
`PATENT LITIG.
`
`
`
`
`
`2:22-MD-03034-TGB
`
`HON. TERRENCE G. BERG
`
`
`
`
`2:22-CV-11408-TGB
`
`HON. TERRENCE G. BERG
`
`JURY TRIAL DEMANDED
`
`
`
`
`NEO WIRELESS LLC
`
`
`Plaintiff,
`
`
`vs.
`
`TESLA, INC.
`
`
`Defendant.
`
`
`
`
`
`
`
`
`TESLA’S ANSWER TO AMENDED COMPLAINT
`Defendant Tesla, Inc. (“Tesla”) files this Answer to Plaintiff Neo Wireless,
`
`LLC’s (“Plaintiff”) First Amended Complaint for Patent Infringement. Except as
`
`expressly admitted below, Tesla denies each and every allegation set forth in the
`
`Amended Complaint. Any factual allegation admitted below is admitted only as to
`
`the specific admitted facts, and not as to any purported conclusions,
`
`characterizations, implications, or speculations that might follow from the admitted
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`
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.350 Filed 08/24/22 Page 2 of 34
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`facts. Tesla responds to the numbered paragraphs of the Amended Complaint as
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`follows:
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`THE PARTIES1
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`1. Tesla lacks knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in Paragraph 1 of the Amended Complaint,
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`and on that basis denies them.
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`2.
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`Tesla admits that it is a corporation organized under the laws of the
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`State of Delaware. Tesla’s headquarters are located at 13101 Tesla Road, Austin,
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`Texas 78725. Tesla admits that The Corporation Trust Company acts as its
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`registered agent for service of process in Texas. Otherwise denied.
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`JURISDICTION AND VENUE
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`3.
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`Tesla admits that Plaintiff’s Amended Complaint purports to state a
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`cause of action for patent infringement under the patent laws of the United States,
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`35 U.S.C. § 1 et seq., but Tesla denies that it has committed any acts of patent
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`infringement.
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`1 Tesla repeats the headings set forth in the Complaint to simplify comparison of the
`Complaint and this response. In doing so, Tesla makes no admissions regarding the
`substance of the headings or any other allegations of the Complaint. Unless
`otherwise stated, to the extent that a particular heading can be construed as an
`allegation, Tesla specifically denies all such allegations.
`2
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.351 Filed 08/24/22 Page 3 of 34
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`4.
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`Tesla admits that this Court has subject matter jurisdiction over
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`actions for alleged patent infringement pursuant to 28 U.S.C. §§ 1331, 1332, and
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`1338(a), but Tesla denies that it has committed any acts of patent infringement.
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`5.
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`Tesla denies that venue is proper in the Eastern District of Texas is
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`proper or convenient under 28 U.S.C. § 1404. For example, a judicial panel in In
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`Re Neo Wireless, LLC Patent Litigation (MDL No. 3034) ordered that this case be
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`transferred to the Eastern District of Michigan. Tesla denies that it has committed
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`any acts of infringement within the Eastern District of Texas or elsewhere. Tesla
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`denies any remaining allegations of Paragraph 5.
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`6.
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`Tesla does not contest personal jurisdiction in the Eastern District of
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`Texas solely for the purpose of this action. Tesla denies that it has committed any
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`acts of infringement within the Eastern District of Texas or elsewhere. Tesla
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`denies any remaining allegations of Paragraph 6.
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`7.
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`Tesla does not contest personal jurisdiction in the Eastern District of
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`Texas solely for the purpose of this action. Tesla denies that it has committed any
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`acts of infringement within the Eastern District of Texas or elsewhere. Tesla
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`denies any remaining allegations of Paragraph 7.
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`8.
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`Tesla does not contest personal jurisdiction in the Eastern District of
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`Texas solely for the purpose of this action. Tesla denies that it has committed any
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`3
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.352 Filed 08/24/22 Page 4 of 34
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`acts of infringement within the Eastern District of Texas or elsewhere. Tesla
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`denies any remaining allegations of Paragraph 8.
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`9.
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`Tesla admits it has physical locations in Plano and Tyler, Texas.
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`Tesla denies that it has committed any acts of infringement within the Eastern
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`District of Texas or elsewhere.
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`10. Tesla admits it has Supercharger locations in Sulphur Springs,
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`Lindale, Nacogdoches, Plano, and Denison, Texas. Tesla denies that it has
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`committed any acts of infringement within the Eastern District of Texas or
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`elsewhere.
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`11. Tesla admits it has Destination Charging sites in the Eastern District
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`of Texas. Tesla denies that it has committed any acts of infringement within the
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`Eastern District of Texas or elsewhere.
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`12. Tesla admits it has Supercharger locations and Destination Charging
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`sites in the Eastern District of Texas, which can interact with the Tesla App,
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`including over cellular networks. Tesla denies that it has committed any acts of
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`infringement within the Eastern District of Texas or elsewhere.
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`13. Tesla does not contest personal jurisdiction in the Eastern District of
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`Texas solely for the purpose of this action. Tesla admits it sells, and offers for
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`sale, products in the Eastern District of Texas. Tesla denies that it has committed
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`any acts of infringement within the Eastern District of Texas or elsewhere.
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`4
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.353 Filed 08/24/22 Page 5 of 34
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`I. The ʼ366 Patent
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`THE ASSERTED PATENTS
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`14. Tesla admits that the face of United States Patent No. 8,467,366 (“the
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`’366 patent”) lists the title as “Methods and Apparatus for Random Access in
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`Multi-Carrier Communication Systems” and lists the issue date as June 18, 2013.
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`Tesla admits that a copy of what purports to be the ’366 patent is attached to the
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`Amended Complaint as Exhibit 1. Tesla lacks knowledge or information sufficient
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`to form a belief as to the truth of the remaining allegations contained in Paragraph
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`14 of the Amended Complaint, and therefore denies those allegations.
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`15. Tesla admits that the face of the ʼ366 patent indicates that it was
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`initially filed on August 8, 2011 as U.S. Patent Application 13/205,579, with the
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`assignee listed as Neocific, Inc. Tesla lacks knowledge or information sufficient to
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`form a belief as to the truth of the remaining allegations contained in Paragraph 15
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`of the Amended Complaint, and therefore denies those allegations.
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`16. Paragraph 16 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 16 of the Amended Complaint.
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`II. The ʼ908 Patent
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`17. Tesla admits that the face of United States Patent No. 10,833,908
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`(“the ’908 patent”) lists the title as “Channel Probing Signal for a Broadband
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`5
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.354 Filed 08/24/22 Page 6 of 34
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`Communication System” and lists the issue date as November 10, 2020. Tesla
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`admits that a copy of what purports to be the ’908 patent is attached to the
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`Amended Complaint as Exhibit 2. Tesla lacks knowledge or information sufficient
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`to form a belief as to the truth of the remaining allegations contained in Paragraph
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`17 of the Amended Complaint, and therefore denies those allegations.
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`18. Tesla admits that the face of the ʼ908 patent indicates that it was
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`initially filed on June 16, 2020 as U.S. Patent Application 16/902,740, with the
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`applicant listed as Neo Wireless LLC. Tesla lacks knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations contained in
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`Paragraph 18 of the Amended Complaint, and therefore denies those allegations.
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`19. Paragraph 19 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 19 of the Amended Complaint.
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`III. The ʼ941 Patent
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`20. Tesla admits that the face of United States Patent No. 10,075,941
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`(“the ’941 patent”) lists the title as “Methods and Apparatus for Multi-Carrier
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`Communications with Adaptive Transmission and Feedback” and lists the issue
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`date as September 11, 2018. Tesla admits that a copy of what purports to be the
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`’941 patent is attached to the Amended Complaint as Exhibit 3. Tesla lacks
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`knowledge or information sufficient to form a belief as to the truth of the
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`6
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.355 Filed 08/24/22 Page 7 of 34
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`remaining allegations contained in Paragraph 20 of the Amended Complaint, and
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`therefore denies those allegations.
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`21. Tesla admits that the face of the ʼ941 patent indicates that it was
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`initially filed on March 28, 2016 as U.S. Patent Application 15/082,878, with the
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`applicant listed as Neocific, Inc. Tesla lacks knowledge or information sufficient
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`to form a belief as to the truth of the remaining allegations contained in Paragraph
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`21 of the Amended Complaint, and therefore denies those allegations.
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`22. Paragraph 22 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 22 of the Amended Complaint.
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`IV. The ʼ450 Patent
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`23. Tesla admits that the face of United States Patent No. 10,447,450
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`(“the ’450 patent”) lists the title as “Method and System for Multi-Carrier Packet
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`Communication with Reduced Overhead” and lists the issue date as October 15,
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`2019. Tesla admits that a copy of what purports to be the ’450 patent is attached to
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`the Amended Complaint as Exhibit 4. Tesla lacks knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations contained in
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`Paragraph 23 of the Amended Complaint, and therefore denies those allegations.
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`24. Tesla admits that the face of the ʼ450 patent indicates that it was
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`initially filed on August 14, 2017 as U.S. Patent Application 15/676,421, with the
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`7
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.356 Filed 08/24/22 Page 8 of 34
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`applicant listed as Neocific, Inc. Tesla lacks knowledge or information sufficient
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`to form a belief as to the truth of the remaining allegations contained in Paragraph
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`24 of the Amended Complaint, and therefore denies those allegations.
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`25. Paragraph 25 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 25 of the Amended Complaint.
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`V. The ʼ512 Patent
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`26. Tesla admits that the face of United States Patent No. 10,965,512
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`(“the ’512 patent”) lists the title as “Method and Apparatus Using Cell-Specific
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`and Common Pilot Subcarriers in Multi-Carrier, Multi Cell Wireless
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`Communication Networks” and lists the issue date as March 30, 2021. Tesla
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`admits that a copy of what purports to be the ’512 patent is attached to the
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`Amended Complaint as Exhibit 5. Tesla lacks knowledge or information sufficient
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`to form a belief as to the truth of the remaining allegations contained in Paragraph
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`26 of the Amended Complaint, and therefore denies those allegations.
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`27. Tesla admits that the face of the ʼ512 patent indicates that it was
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`initially filed on September 4, 2020 as U.S. Patent Application 17/012,813, with
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`the applicant listed as Neo Wireless LLC. Tesla lacks knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations contained in
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`Paragraph 27 of the Amended Complaint, and therefore denies those allegations.
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`8
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.357 Filed 08/24/22 Page 9 of 34
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`28. Paragraph 28 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 28 of the Amended Complaint.
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`VI. The ʼ302 Patent
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`29. Tesla admits that the face of United States Patent No. 10,771,302
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`(“the ’302 patent”) lists the title as “Channel Probing Signal for a Broadband
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`Communication System” and lists the issue date as September 8, 2020. Tesla
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`admits that a copy of what purports to be the ’302 patent is attached to the
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`Amended Complaint as Exhibit 6. Tesla lacks knowledge or information sufficient
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`to form a belief as to the truth of the remaining allegations contained in Paragraph
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`29 of the Amended Complaint, and therefore denies those allegations.
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`30. Tesla admits that the face of the ʼ302 patent indicates that it was
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`initially filed on April 16, 2018 as U.S. Patent Application 15/953,950, with the
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`applicant listed as Neo Wireless LLC. Tesla lacks knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations contained in
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`Paragraph 30 of the Amended Complaint, and therefore denies those allegations.
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`31. Paragraph 31 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 31 of the Amended Complaint.
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`9
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.358 Filed 08/24/22 Page 10 of 34
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`32. Paragraph 32 of the Amended Complaint states legal contentions or
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`conclusions that require no response. Tesla lacks knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations contained in
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`Paragraph 32 of the Amended Complaint, and therefore denies those allegations.
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`FACTUAL ALLEGATIONS
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`33. Plaintiff’s allegations in Paragraph 33 of the Amended Complaint are
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`vague and indefinite, and Tesla is without knowledge or information sufficient to
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`form a belief as to the truth of the allegations and therefore denies those
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`allegations.
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`34. Tesla lacks knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in Paragraph 34 of the Amended Complaint,
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`and therefore denies those allegations.
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`35. Tesla lacks knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in Paragraph 35 of the Amended Complaint,
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`and therefore denies those allegations.
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`36. Paragraph 36 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 36 of the Amended Complaint.
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`37. Paragraph 37 of the Amended Complaint states legal contentions or
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`conclusions that require no response. To the extent a response is required, Tesla
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`10
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.359 Filed 08/24/22 Page 11 of 34
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`denies the allegations in Paragraph 37 of the Amended Complaint. For example,
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`Tesla denies that it has committed any acts of infringement within the Eastern
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`District of Texas or elsewhere, and therefore no damages can be recovered.
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`38. Plaintiff’s allegations in Paragraph 38 of the Amended Complaint are
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`vague and indefinite, and Tesla is without knowledge or information sufficient to
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`form a belief as to the truth of the allegations and therefore denies those
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`allegations.
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`39. Tesla admits LTE was developed by many companies working
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`together through 3GPP, and Tesla is unaware of any contributions by Plaintiff Neo
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`Wireless. Plaintiff’s remaining allegations in Paragraph 39 of the Amended
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`Complaint are vague and indefinite, and Tesla is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations and therefore denies
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`those allegations.
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`40. Tesla admits it has implemented certain communications technology
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`into its vehicles. Plaintiff’s remaining allegations in Paragraph 40 of the Amended
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`Complaint are vague and indefinite, and Tesla is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations and therefore denies
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`those allegations.
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`41. Tesla admits it has implemented certain communications technology
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`into certain products. Plaintiff’s remaining allegations in Paragraph 41 of the
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.360 Filed 08/24/22 Page 12 of 34
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`Amended Complaint are vague and indefinite, and Tesla is without knowledge or
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`information sufficient to form a belief as to the truth of the allegations and
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`therefore denies those allegations.
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`42. Tesla’s Premium Connectivity feature, available in certain products,
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`allows for wireless and cellular connectivity.
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`43. Tesla’s App allows for wireless and cellular connectivity between the
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`App and certain products, and the App provides access of certain features within
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`certain products, which may include climate control, charge settings, and door
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`locks. Plaintiff’s remaining allegations in Paragraph 43 of the Amended
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`Complaint are vague and indefinite, and Tesla is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations and therefore denies
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`those allegations.
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`44. Tesla admits Plaintiff refers to certain Tesla vehicle models as
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`“Accused Products,” but Tesla denies that it has committed any acts of
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`infringement within the Eastern District of Texas or elsewhere.
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`45. Tesla admits that it provides certain wireless and cellular connectivity
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`functions in certain Tesla products. Tesla is without knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations in Paragraph
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`45 of Amended Complaint and therefore denies those allegations.
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.361 Filed 08/24/22 Page 13 of 34
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`46. Tesla admits that it provides certain wireless and cellular connectivity
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`functions in certain Tesla products. Tesla is without knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations in Paragraph
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`46 of Amended Complaint and therefore denies those allegations.
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`47. Tesla denies that it has committed any acts of infringement within the
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`Eastern District of Texas or elsewhere. Paragraph 47 of the Amended Complaint
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`states only legal contentions or conclusions that require no response. To the extent
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`a response is required, Tesla denies the allegations in Paragraph 47 of the
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`Amended Complaint.
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`48. Paragraph 48 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 48 of the Amended Complaint.
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`49. Tesla became aware of Plaintiff’s allegations of infringement upon
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`service of the initial Complaint. Paragraph 49 of the Amended Complaint states
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`legal contentions or conclusions that require no response. To the extent a response
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`is required, Tesla denies the allegations in Paragraph 49 of the Amended
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`Complaint.
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`50. Tesla denies that it has committed any acts of infringement within the
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`Eastern District of Texas or elsewhere. Paragraph 50 of the Amended Complaint
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`states only legal contentions or conclusions that require no response. To the extent
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.362 Filed 08/24/22 Page 14 of 34
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`a response is required, Tesla denies the allegations in Paragraph 50 of the
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`Amended Complaint.
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`TESLA’S [ALLEGED] ACTS OF PATENT INFRINGEMENT
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`51. Tesla incorporates by reference the preceding Paragraphs 1 to 50.
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`52. Paragraph 52 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 52 of the Amended Complaint. For example,
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`Tesla denies that it has committed any acts of infringement within the Eastern
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`District of Texas or elsewhere, and therefore further denies Plaintiff is entitled to
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`any relief.
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`53. Paragraph 53 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 53 of the Amended Complaint. For example,
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`Tesla denies that it has committed any acts of infringement within the Eastern
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`District of Texas or elsewhere, and therefore further denies Plaintiff is entitled to
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`any relief.
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`54. Tesla admits that it makes, uses, sells, offers for sale, uses, designs,
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`develops, tests, manufactures, or imports some vehicles and some vehicle
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`components in the United States. Tesla denies that it has committed any acts of
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`infringement within the Eastern District of Texas or elsewhere.
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.363 Filed 08/24/22 Page 15 of 34
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`55. Tesla admits that it owns and operates Tesla Gigafactories in the
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`United States, which produce electric motors, battery packs, and energy storage
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`products.
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`56. Tesla admits that it designs, develops, tests, or manufactures certain
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`vehicles and certain vehicle components in the United States.
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`57. Tesla admits that it owns and operates the website Tesla.com in the
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`United States. Tesla admits that it offers certain vehicles for sale via Tesla.com,
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`including to subsidiaries and end-user customers. Tesla denies that it has
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`committed any acts of infringement within the Eastern District of Texas or
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`elsewhere. The remaining allegations in Paragraph 57 are denied.
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`58. Tesla denies that it has committed any acts of infringement within the
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`Eastern District of Texas or elsewhere. The remaining allegations in Paragraph 58
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`are denied.
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`59. Paragraph 59 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 59 of the Amended Complaint. For example,
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`Tesla denies that it has committed any acts of infringement within the Eastern
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`District of Texas or elsewhere.
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`60. Paragraph 60 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.364 Filed 08/24/22 Page 16 of 34
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`denies the allegations in Paragraph 60 of the Amended Complaint. For example,
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`Tesla denies that it has committed any acts of infringement within the Eastern
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`District of Texas or elsewhere, and therefore further denies Plaintiff is entitled to
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`any relief.
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`61. Paragraph 61 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 61 of the Amended Complaint. For example,
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`Tesla denies that it has committed any acts of infringement within the Eastern
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`District of Texas or elsewhere.
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`62. Tesla admits that its website includes information about Connectivity
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`Packages and certain cellular and wireless capabilities of certain products.
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`63. Tesla admits that it provides customers and end users with
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`information regarding the Tesla App and Connectivity Packages.
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`64. Paragraph 64 of the Amended Complaint states only legal contentions
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`or conclusions that require no response. To the extent a response is required, Tesla
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`denies the allegations in Paragraph 64 of the Amended Complaint. For example,
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`Tesla denies that it has committed any acts of infringement within the Eastern
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`District of Texas or elsewhere, and therefore further denies Plaintiff is entitled to
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`any relief.
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`Case 2:22-cv-11408-TGB ECF No. 11, PageID.365 Filed 08/24/22 Page 17 of 34
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`65. Tesla became aware of Plaintiff’s allegations of infringement upon
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`service of the initial Complaint. Tesla denies that it has committed any acts of
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`infringement or any acts with the intent to cause infringing acts by others, within
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`the Eastern District of Texas or elsewhere. Paragraph 65 of the Amended
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`Complaint further states legal contentions or conclusions that require no response.
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`To the extent a response is required, Tesla denies the allegations in Paragraph 65 of
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`the Amended Complaint.
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`66. Tesla became aware of Plaintiff’s allegations of infringement upon
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`service of the initial Complaint. Tesla denies that it has committed any acts of
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`infringement or any acts with the intent to cause infringing acts by others, within
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`the Eastern District of Texas or elsewhere. Paragraph 66 of the Amended
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`Complaint further states legal contentions or conclusions that require no response.
`
`To the extent a response is required, Tesla denies the allegations in Paragraph 66 of
`
`the Amended Complaint.
`
`
`
`67. Tesla denies that it has committed any acts of infringement, willful or
`
`otherwise, within the Eastern District of Texas or elsewhere. Paragraph 67 of the
`
`Amended Complaint further states legal contentions or conclusions that require no
`
`response. To the extent a response is required, Tesla denies the allegations in
`
`Paragraph 67 of the Amended Complaint.
`
`17
`
`
`
`Case 2:22-cv-11408-TGB ECF No. 11, PageID.366 Filed 08/24/22 Page 18 of 34
`
`
`
`
`68. Tesla denies that it has committed any wrongful acts within the
`
`Eastern District of Texas or elsewhere. Therefore Plaintiff was not damaged and is
`
`not entitled to recover any damages.
`
`COUNT ONE
`(Defendant’s [Alleged] Infringement of the ʼ366 Patent)
`
`69. Tesla incorporates by reference the preceding paragraphs 1 to 68.
`
`70. Tesla denies that it has committed any acts of infringement within the
`
`
`
`
`
`Eastern District of Texas or elsewhere. Paragraph 70 of the Amended Complaint
`
`states legal contentions or conclusions that require no response. To the extent a
`
`response is required, Tesla denies the allegations in Paragraph 70 of the Amended
`
`Complaint.
`
`71. Tesla admits that it provides certain wireless and cellular connectivity
`
`functions in certain Tesla products. Tesla denies that it has committed any acts of
`
`infringement within the Eastern District of Texas or elsewhere. Paragraph 71 of
`
`the Amended Complaint states legal contentions or conclusions that require no
`
`response. Tesla lacks knowledge or information sufficient to form a belief as to
`
`the truth of the remaining allegations contained in Paragraph 71 of the Amended
`
`Complaint, and therefore denies those allegations.
`
`
`
`72. Tesla denies that it has committed any acts of infringement within the
`
`Eastern District of Texas or elsewhere. Paragraph 72 of the Amended Complaint
`
`states legal contentions or conclusions that require no response. Tesla lacks
`
`18
`
`
`
`Case 2:22-cv-11408-TGB ECF No. 11, PageID.367 Filed 08/24/22 Page 19 of 34
`
`
`knowledge or information sufficient to form a belief as to the truth of the
`
`remaining allegations contained in Paragraph 72 of the Amended Complaint, and
`
`therefore denies those allegations.
`
`
`
`73. Tesla denies that it has committed any acts of infringement within the
`
`Eastern District of Texas or elsewhere. Paragraph 73 of the Amended Complaint
`
`states only legal contentions or conclusions that require no response. To the extent
`
`a response is required, Tesla denies the allegations in Paragraph 73 of the
`
`Amended Complaint.
`
`
`
`74. Tesla denies that it has committed any acts of infringement within the
`
`Eastern District of Texas or elsewhere. Paragraph 74 of the Amended Complaint
`
`states only legal contentions or conclusions that require no response. To the extent
`
`a response is required, Tesla denies the allegations in Paragraph 74 of the
`
`Amended Complaint.
`
`
`
`75. Tesla denies that it has committed any wrongful acts within the
`
`Eastern District of Texas or elsewhere. Therefore, Plaintiff is not entitled to
`
`recover any damages or to other relief.
`
`COUNT TWO
`(Defendant’s [Alleged] Infringement of the ʼ908 Patent)
`
`76. Tesla incorporates by reference the preceding paragraphs 1 to 75.
`
`77. Tesla denies that it has committed any acts of infringement within the
`
`
`
`
`
`
`Eastern District of Texas or elsewhere. Paragraph 77 of the Amended Complaint
`
`19
`
`
`
`Case 2:22-cv-11408-TGB ECF No. 11, PageID.368 Filed 08/24/22 Page 20 of 34
`
`
`states legal contentions or conclusions that require no response. To the extent a
`
`response is required, Tesla denies the allegations in Paragraph 77 of the Amended
`
`Complaint.
`
`
`
`78. Tesla admits that it provides certain wireless and cellular connectivity
`
`functions in certain Tesla products. Tesla denies that it has committed any acts of
`
`infringement within the Eastern District of Texas or elsewhere. Paragraph 78 of
`
`the Amended Complaint states legal contentions or conclusions that require no
`
`response. Tesla lacks knowledge or information sufficient to form a belief as to
`
`the truth of the remaining allegations contained in Paragraph 78 of the Amended
`
`Complaint, and therefore denies those allegations.
`
`
`
`79. Tesla denies that it has committed any acts of infringement within the
`
`Eastern District of Texas or elsewhere. Paragraph 79 of the Amended Complaint
`
`states legal contentions or conclusions that require no response. Tesla lacks
`
`knowledge or information sufficient to form a belief as to the truth of the
`
`remaining allegations contained in Paragraph 79 of the Amended Complaint, and
`
`therefore denies those allegations.
`
`
`
`80. Tesla denies that it has committed any acts of infringement within the
`
`Eastern District of Texas or elsewhere. Paragraph 80 of the Amended Complaint
`
`states only legal contentions or conclusions that require no response. To the extent
`
`20
`
`
`
`Case 2:22-cv-11408-TGB ECF No. 11, PageID.369 Filed 08/24/22 Page 21 of 34
`
`
`a response is required, Tesla denies the allegations in Paragraph 80 of the
`
`Amended Complaint.
`
`
`
`81. Tesla denies that it has committed any acts of infringement within the
`
`Eastern District of Texas or elsewhere. Paragraph 81 of the Amended Complaint
`
`states only legal contentions or conclusions that require no response. To the extent
`
`a response is required, Tesla denies the allegations in Paragraph 81 of the
`
`Amended Complaint.
`
`
`
`82. Tesla denies that it has committed any wrongful acts within the
`
`Eastern District of Texas or elsewhere. Therefore, Plaintiff is not entitled to
`
`recover any damages or to other relief.
`
`COUNT THREE
`(Defendant’s [Alleged] Infringement of the ʼ941 Patent)
`
`83. Tesla incorporates by reference the preceding paragraphs 1 to 82.
`
`84. Tesla denies that it has committed any acts of infringement within the
`
`
`
`
`
`
`Eastern District of Texas or elsewhere. Paragraph 84 of the Amended Complaint
`
`states legal contentions or conclusions that require no response. To the extent a
`
`response is required, Tesla denies the allegations in Paragraph 84 of the Amended
`
`Complaint.
`
`
`
`85. Tesla admits that it provides certain wireless and cellular connectivity
`
`functions in certain Tesla products. Tesla denies that it has committed any acts of
`
`infringement within the Eastern District of Texas or elsewhere. Paragraph 85 of
`
`21
`
`
`
`Case 2:22-cv-11408-TGB ECF No. 11, PageID.370 Filed 08/24/22 Page 22 of 34
`
`
`the Amended Complaint states legal contentions or conclusions that require no
`
`response. Tesla lacks knowledge or information sufficient to form a belief as to
`
`the truth of the remaining allegations contained in Paragraph 85 of the Amended
`
`Complaint, and therefore denies those allegations.
`
`
`
`86. Tesla denies that it has committed any acts of infringement within the
`
`Eastern District of Texas or elsewhere. Paragraph 86 of the Amended Complaint
`
`states legal contentions or conclusions that require no response. Tesla lacks
`
`knowledge or information sufficient to form a belief as to the truth of the
`
`remaining allegations contained in Paragraph 86 of the Amended Complaint, and
`
`therefore denies those allegations.
`
`
`
`87. Tesla denies that it has committed any acts of infringement within the
`
`Eastern District of Texas or elsewhere. Paragraph 87 of the Amended Complaint
`
`states only legal contentions or conclusions that require no response. To the extent
`
`a response is required, Tesla denies the allegations in Paragraph 87 of the
`
`Amended Complaint.
`
`
`
`88. Tesla denies that it has committed any acts of infringement within the
`
`Eastern District of Texas or elsewhere. Paragraph 88 of the Amended Complaint
`
`states only legal cont
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