`
`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-11407-TGB
`
`HON. TERRENCE G. BERG
`
`
`JURY TRIAL DEMANDED
`
`
`NEO WIRELESS, LLC,
`
` Plaintiff,
`
` v.
`
`GENERAL MOTORS COMPANY &
`GENERAL MOTORS LLC,
`
` Defendants.
`
`
`
`
`THE GENERAL MOTORS DEFENDANTS
`ANSWER TO FIRST AMENDED COMPLAINT
`Defendants General Motors Company (“GMC”) & General Motors LLC
`
`
`
`(“GM LLC”) (together, “GM”) file this Answer to Plaintiff Neo Wireless, LLC’s
`
`(“Neo” or “Plaintiff”) First Amended Complaint for Patent Infringement
`
`(“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 facts. GM
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`responds to the numbered paragraphs of the Complaint as follows:
`1
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`
`
`
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2190 Filed 08/24/22 Page 2 of 34
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`THE PARTIES1
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`1.
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`GM 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 Complaint, and on that
`
`basis denies them.
`
`2.
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`GM admits that GMC is a corporation organized and existing under
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`the laws of the State of Delaware with its principal place of business at 300
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`Renaissance Center in Detroit, Michigan. GM further admits that GMC may be
`
`served through its registered agent, Corporation Service Company, 251 Little Falls
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`Drive, Wilmington, DE 19808.
`
`3.
`
`GM admits that GM LLC is a corporation organized and existing
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`under the laws of the state of Delaware, with its principal place of business at 300
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`Renaissance Center in Detroit, Michigan. GM admits that GM LLC may be served
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`through its registered agent, Corporation Service Company d/b/a CSC-Lawyers
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`Incorporating Service Company at 211 E. 7th Street, Suite 620, Austin, TX 78701-
`
`4234.
`
`
`
`
`
`
`
`1 GM repeats the headings set forth in the Complaint to simplify comparison of the Complaint and
`this response. In doing so, GM 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, GM specifically denies all such allegations.
`2
`
`
`
`
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2191 Filed 08/24/22 Page 3 of 34
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`JURISDICTION AND VENUE
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`4.
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`GM admits that the Complaint purports to state a cause of action for
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`patent infringement under the patent laws of the United States, 35 U.S.C. §§ 1 et
`
`seq., but GM denies that it has committed any acts of patent infringement.
`
`5.
`
`GM admits that this Court has subject matter jurisdiction over actions
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`for alleged patent infringement pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`6.
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`GM denies that venue in the Eastern District of Texas is proper.
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`Moreover, venue in the Eastern District of Texas is not convenient under 28 U.S.C.
`
`§ 1404. Indeed, on June 14, 2022, a panel of the U.S. Judicial Panel Multidistrict
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`Litigation in In Re Neo Wireless, LLC Patent Litigation (MDL No. 3034) ordered
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`that this case be adjudicated in the Eastern District of Michigan in light of the
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`conveniences of the of the parties and witnesses and to promote just efficient
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`conduct of the litigation. Any remaining allegations in Paragraph 6 of the
`
`Complaint state only legal conclusions that require no response. To the extent a
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`response is required, denied.
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`7.
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`GM does not contest, solely for the purposes of the present action,
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`whether personal jurisdiction properly lies in the Eastern District of Texas. GM
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`denies that it has committed, induced, or contributed to acts of patent infringement
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`in the Eastern District of Texas, the State of Texas, or elsewhere. GM denies all
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`other allegations made in Paragraph 7 of the Complaint.
`
`
`
`3
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`
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2192 Filed 08/24/22 Page 4 of 34
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`8.
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`GM does not contest, solely for the purposes of the present action,
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`whether personal jurisdiction properly lies in the Eastern District of Texas. GM
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`denies that it has committed, induced, or contributed to acts of patent infringement
`
`in the Eastern District of Texas, the State of Texas, or elsewhere. GM denies all
`
`other allegations made in Paragraph 8 of the Complaint.
`
`9.
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`GM does not contest, solely for the purposes of the present action,
`
`whether personal jurisdiction properly lies in the Eastern District of Texas. GM
`
`denies that it has committed, induced, or contributed to acts of patent infringement
`
`in the Eastern District of Texas, the State of Texas, or elsewhere. GM denies all
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`other allegations made in Paragraph 9 of the Complaint.
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`10. GM admits it has physical locations in Austin, Arlington, Irving, Fort
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`Worth, San Antonio, and Roanoke, Texas. GM denies that it has committed any
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`acts of infringement within the Eastern District of Texas or elsewhere.
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`11. GM admits that it has employees in Austin, TX at the Austin IT
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`Innovation Center. GM denies all other allegations made in Paragraph 11 of the
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`Complaint.
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`12. GM admits that GM employs various software developers and
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`engineers working on various GM products in the United States. GM further
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`admits that GM has had or does have job postings for software developers,
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`including in Austin, Texas. Paragraph 12 of the Complaint cites to various
`
`
`
`4
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`
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2193 Filed 08/24/22 Page 5 of 34
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`documents which speak for themselves and GM denies the allegations of
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`Paragraph 12 to the extent they are inconsistent with those documents.
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`13. GM admits that GM has a location in Roanoke, Texas. GM denies
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`that it has committed any acts of infringement within the Eastern District of Texas
`
`or elsewhere.
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`14. Denied.
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`15. GM does not contest personal jurisdiction in the Eastern District of
`
`Texas solely for the purpose of this action. GM denies that it has committed any
`
`acts of infringement within the Eastern District of Texas or elsewhere.
`
`THE ASSERTED PATENTS
`
`I. The ʼ366 Patent
`
`16. GM admits that the face of United States Patent No. 8,467,366 (“the
`
`’366 patent”) lists the title as “Methods and Apparatus for Random Access in
`
`Multi-Carrier Communication Systems,” and lists the issue date as June 18, 2013.
`
`GM admits that a copy of what purports to be the ’366 patent is attached to the
`
`Complaint as Exhibit 2. GM lacks knowledge or information sufficient to form a
`
`belief as to the truth of the remaining allegations contained in Paragraph 16 of the
`
`Complaint, and therefore denies those allegations.
`
`17. GM admits that the face of the ʼ366 patent indicates that it was
`
`initially filed on August 8, 2011 as U.S. Patent Application 13/205,579, with the
`
`
`
`5
`
`
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2194 Filed 08/24/22 Page 6 of 34
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`assignee listed as Neocific Inc. GM lacks knowledge or information sufficient to
`
`form a belief as to the truth of the remaining allegations contained in Paragraph 17
`
`of the Complaint, and therefore denies those allegations.
`
`18. Paragraph 18 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 18 of the Complaint.
`
`II. The ʼ908 Patent
`
`19. GM admits that the face of United States Patent No. 10,833,908 (“the
`
`’908 patent”) lists the title as “Channel Probing Signal for a Broadband
`
`Communication System,” and lists the issue date as November 10, 2020. GM
`
`admits that a copy of what purports to be the ’908 patent is attached to the
`
`Complaint as Exhibit 3. GM lacks knowledge or information sufficient to form a
`
`belief as to the truth of the remaining allegations contained in Paragraph 19 of the
`
`Complaint, and therefore denies those allegations.
`
`20. GM admits that the face of the ʼ908 patent indicates that it was
`
`initially filed on June 16, 2020 as U.S. Patent Application 16/902,740, with the
`
`applicant listed as NEO WIRELESS LLC. GM lacks knowledge or information
`
`sufficient to form a belief as to the truth of the remaining allegations contained in
`
`Paragraph 20 of the Complaint, and therefore denies those allegations.
`
`
`
`6
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`
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2195 Filed 08/24/22 Page 7 of 34
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`21. Paragraph 21 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 21 of the Complaint.
`
`III. The ʼ941 Patent
`
`22. GM admits that the face of United States Patent No. 10,075,941 (“the
`
`’941 patent”) lists the title as “Methods and Apparatus for Multi-Carrier
`
`Communications with Adaptive Transmission and Feedback,” and lists the issue
`
`date as September 11, 2018. GM admits that a copy of what purports to be the
`
`’941 patent is attached to the Complaint as Exhibit 4. GM lacks knowledge or
`
`information sufficient to form a belief as to the truth of the remaining allegations
`
`contained in Paragraph 22 of the Complaint, and therefore denies those allegations.
`
`23. GM admits that the face of the ʼ941 patent indicates that it was
`
`initially filed on March 28, 2016 as U.S. Patent Application 15/082,878, with the
`
`applicant listed as Neocific, Inc. GM lacks knowledge or information sufficient to
`
`form a belief as to the truth of the remaining allegations contained in Paragraph 23
`
`of the Complaint, and therefore denies those allegations.
`
`24. Paragraph 24 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 24 of the Complaint.
`
`
`
`7
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`
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2196 Filed 08/24/22 Page 8 of 34
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`IV. The ʼ450 Patent
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`25. GM admits that the face of United States Patent No. 10,447,450 (“the
`
`’450 patent”) lists the title as “Method and System for Multi-Carrier Packet
`
`Communication with Reduced Overhead,” and lists the issue date as October 15,
`
`2019. GM admits that a copy of what purports to be the ’450 patent is attached to
`
`the Complaint as Exhibit 5. GM lacks knowledge or information sufficient to form
`
`a belief as to the truth of the remaining allegations contained in Paragraph 25 of the
`
`Complaint, and therefore denies those allegations.
`
`26. GM admits that the face of the ʼ450 patent indicates that it was
`
`initially filed on August 14, 2017 as U.S. Patent Application 15/676,421, with the
`
`applicant listed as Neocific, Inc. GM lacks knowledge or information sufficient to
`
`form a belief as to the truth of the remaining allegations contained in Paragraph 26
`
`of the Complaint, and therefore denies those allegations.
`
`27. Paragraph 27 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 27 of the Complaint.
`
`V. The ʼ512 Patent
`
`28. GM admits that the face of United States Patent No. 10,965,512 (“the
`
`’512 patent”) lists the title as “Method and Apparatus Using Cell-Specific and
`
`Common Pilot Subcarriers in Multi-Carrier, Multi Cell Wireless Communication
`
`
`
`8
`
`
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2197 Filed 08/24/22 Page 9 of 34
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`Networks,” and lists the issue date as March 30, 2021. GM admits that a copy of
`
`what purports to be the ’512 patent is attached to the Complaint as Exhibit 6. GM
`
`lacks knowledge or information sufficient to form a belief as to the truth of the
`
`remaining allegations contained in Paragraph 28 of the Complaint, and therefore
`
`denies those allegations.
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`29. GM 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
`
`the applicant listed as Neo Wireless LLC. GM lacks knowledge or information
`
`sufficient to form a belief as to the truth of the remaining allegations contained in
`
`Paragraph 29 of the Complaint, and therefore denies those allegations.
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`30. Paragraph 30 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 30 of the Complaint.
`
`VI. The ʼ302 Patent
`
`31. GM admits that the face of United States Patent No. 10,771,302 (“the
`
`’302 patent”) lists the title as “Channel Probing Signal for a Broadband
`
`Communication System,” and lists the issue date as September 8, 2020. GM
`
`admits that a copy of what purports to be the ’302 patent is attached to the
`
`Complaint as Exhibit 7. GM lacks knowledge or information sufficient to form a
`
`
`
`9
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`
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2198 Filed 08/24/22 Page 10 of 34
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`belief as to the truth of the remaining allegations contained in Paragraph 31 of the
`
`Complaint, and therefore denies those allegations.
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`32. GM admits that the face of the ʼ302 patent indicates that it was
`
`initially filed on April 16, 2018 as U.S. Patent Application 15/953,950, with the
`
`applicant listed as Neo Wireless LLC. GM lacks knowledge or information
`
`sufficient to form a belief as to the truth of the remaining allegations contained in
`
`Paragraph 32 of the Complaint, and therefore denies those allegations.
`
`33. Paragraph 33 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 33 of the Complaint.
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`34. GM lacks knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in Paragraph 34 of the Complaint, and
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`therefore denies those allegations.
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`FACTUAL ALLEGATIONS
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`35. Plaintiff’s allegations in Paragraph 35 of the Complaint are vague and
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`indefinite, and GM is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations, and therefore denies those allegations.
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`36. GM lacks knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in Paragraph 36 of the Complaint, and
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`therefore denies those allegations.
`
`10
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2199 Filed 08/24/22 Page 11 of 34
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`37. GM lacks knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in Paragraph 37 of the Complaint, and
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`therefore denies those allegations.
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`38. Paragraph 38 of the Complaint states only legal contentions or
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`conclusions that require no response. To the extent a response is required, GM
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`denies the allegations in Paragraph 38 of the Complaint.
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`39. Paragraph 39 of the Complaint states legal contentions or conclusions
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`that require no response. To the extent a response is required, GM denies the
`
`allegations in Paragraph 39 of the Complaint.
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`40. Plaintiff’s allegations in Paragraph 40 of the Complaint are vague and
`
`indefinite, and GM is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations and therefore denies those allegations.
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`41. GM admits LTE was collaboratively developed by many companies
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`through 3GPP. Plaintiff’s remaining allegations in Paragraph 41 of the Complaint
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`are vague and indefinite, and GM 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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`42. GM admits it has implemented certain communications technology
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`into its vehicles. Plaintiff’s remaining allegations in Paragraph 42 of the
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`Complaint are vague and indefinite, and GM is without knowledge or information
`
`
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`11
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2200 Filed 08/24/22 Page 12 of 34
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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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`43. GM admits it has implemented certain communications technology
`
`into certain products. Plaintiff’s remaining allegations in Paragraph 43 of the
`
`Complaint are vague and indefinite, and GM is without knowledge or information
`
`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. GM admits that GM provides certain wireless and cellular
`
`connectivity functions through the OnStar system included in certain GM products.
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`Plaintiff’s remaining allegations in Paragraph 44 of the Complaint are vague and
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`indefinite, and GM denies those remaining allegations.
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`45. GM admits that GM’s myGMC App allows for wireless and cellular
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`connectivity between the App and certain products, and the App provides access of
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`certain features within certain products. Plaintiff’s remaining allegations in
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`Paragraph 45 of the Complaint are vague and indefinite, and GM is without
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`knowledge or information sufficient to form a belief as to the truth of the
`
`allegations and therefore denies those allegations.
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`46. GM admits Plaintiff refers to certain GM vehicle models as “Accused
`
`Products,” but GM denies that it has committed any acts of infringement.
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`
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`12
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2201 Filed 08/24/22 Page 13 of 34
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`47. GM admits that it provides certain wireless and cellular connectivity
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`functions in certain GM products. GM is without knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations in Paragraph
`
`47 of the Complaint and therefore denies those allegations.
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`48. GM admits that it provides certain wireless and cellular connectivity
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`functions in certain GM products. GM is without knowledge or information
`
`sufficient to form a belief as to the truth of the remaining allegations in Paragraph
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`48 of the Complaint and therefore denies those allegations.
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`49. GM denies that it has committed any acts of infringement. Paragraph
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`49 of the Complaint states only legal contentions or conclusions that require no
`
`response. To the extent a response is required, GM denies the allegations in
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`Paragraph 49 of the Complaint.
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`50. Paragraph 50 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 50 of the Complaint.
`
`51. Paragraph 51 of the Complaint states legal contentions or conclusions
`
`that require no response. To the extent a response is required, GM denies the
`
`allegations in Paragraph 51 of the Complaint.
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`52. GM denies that it has committed any acts of infringement. Paragraph
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`52 of the Complaint states only legal contentions or conclusions that require no
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`
`
`13
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2202 Filed 08/24/22 Page 14 of 34
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`response. To the extent a response is required, GM denies the allegations in
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`Paragraph 52 of the Complaint.
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`GM’S [ALLEGED] ACTS OF PATENT INFRINGEMENT
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`53. GM incorporates by reference the preceding Paragraphs 1 to 52.
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`54. Paragraph 54 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 54 of the Complaint. For example, GM denies
`
`that it has committed any acts of infringement, and therefore further denies
`
`Plaintiff is entitled to any relief.
`
`55. Paragraph 55 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 55 of the Complaint. For example, GM denies
`
`that it has committed any acts of infringement, and therefore further denies
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`Plaintiff is entitled to any relief.
`
`56. GM admits that it makes, sells, offers for sale, uses, and/or imports
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`certain vehicles in the United States. GM denies that it has committed any acts of
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`infringement.
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`57. GM admits that it designs, develops, tests, and/or manufactures
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`certain vehicles in the United States. GM denies that it has committed any acts of
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`infringement.
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`14
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2203 Filed 08/24/22 Page 15 of 34
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`58. Denied.
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`59. GM admits that it owns and operates facilities in the United States for
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`the design, development, testing, manufacture, sale, and/or offer for sale of certain
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`vehicles. GM denies that it has committed any acts of infringement.
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`60. Denied.
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`61. Denied.
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`62. Paragraph 62 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 62 of the Complaint. For example, GM denies
`
`that it has committed any acts of infringement, and therefore further denies
`
`Plaintiff is entitled to any relief.
`
`63. Paragraph 63 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 63 of the Complaint. For example, GM denies
`
`that it has committed any acts of infringement, and therefore further denies
`
`Plaintiff is entitled to any relief.
`
`64. Paragraph 64 of the Complaint states only legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 64 of the Complaint. For example, GM denies
`
`
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`15
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2204 Filed 08/24/22 Page 16 of 34
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`that it has committed any acts of infringement, and therefore further denies
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`Plaintiff is entitled to any relief.
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`65. GM admits that it advertises on its websites certain wireless and/or
`
`cellular technology available in certain vehicles. The remainder of Paragraph 65
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`states only legal contentions or conclusions that require no response. To the extent
`
`a response is required, GM denies the allegations in Paragraph 65 of the
`
`Complaint. For example, GM denies that it has committed any acts of
`
`infringement, therefore further denies Plaintiff is entitled to any relief.
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`66. GM admits that it advertises and provides users and customers with
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`documentation about the use of wireless and/or cellular communications in certain
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`GM products. GM denies that it has committed any acts of infringement.
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`67. Denied.
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`68. GM admits that it became aware of Plaintiff’s allegations of
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`infringement upon service of the Complaint. GM denies that it has committed any
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`acts of infringement or any acts with the intent to cause infringing acts by others.
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`Paragraph 68 of the Complaint further states legal contentions or conclusions that
`
`require no response. To the extent further response is required, GM denies the
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`allegations in Paragraph 68 of the Complaint.
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`69. GM denies that it has committed any acts of infringement or any acts
`
`with the intent to cause infringing acts by others. Paragraph 69 of the Complaint
`
`
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`16
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2205 Filed 08/24/22 Page 17 of 34
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`further states legal contentions or conclusions that require no response. To the
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`extent a response is required, GM denies the allegations in Paragraph 69 of the
`
`Complaint.
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`70. GM denies that it has committed any acts of infringement, willful or
`
`otherwise. Paragraph 70 of the Complaint further states legal contentions or
`
`conclusions that require no response. To the extent a response is required, GM
`
`denies the allegations in Paragraph 70 of the Complaint.
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`71. GM denies that it has committed any wrongful acts. Therefore
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`Plaintiff was not damaged and is not entitled to recover any damages.
`
`COUNT ONE
`(Defendants’ [Alleged] Infringement of the ʼ366 Patent)
`
`72. GM incorporates by reference the preceding paragraphs 1 to 71.
`
`73. GM denies that it has committed any acts of infringement. Paragraph
`
`73 of the Complaint states legal contentions or conclusions that require no
`
`response. To the extent a response is required, GM denies the allegations in
`
`Paragraph 73 of the Complaint.
`
`74. GM denies that it has committed any acts of infringement. Paragraph
`
`74 of the Complaint states legal contentions or conclusions that require no
`
`response. GM lacks knowledge or information sufficient to form a belief as to the
`
`truth of the remaining allegations contained in Paragraph 74 of the Complaint, and
`
`therefore denies those allegations.
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`17
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2206 Filed 08/24/22 Page 18 of 34
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`75. GM denies that it has committed any acts of infringement. Paragraph
`
`75 of the Complaint states legal contentions or conclusions that require no
`
`response. GM lacks knowledge or information sufficient to form a belief as to the
`
`truth of the remaining allegations contained in Paragraph 75 of the Complaint, and
`
`therefore denies those allegations.
`
`76. GM denies that it has committed any acts of infringement. Paragraph
`
`76 of the Complaint states only legal contentions or conclusions that require no
`
`response. To the extent a response is required, GM denies the allegations in
`
`Paragraph 76 of the Complaint.
`
`77. GM denies that it has committed any acts of infringement. Paragraph
`
`77 of the Complaint states only legal contentions or conclusions that require no
`
`response. To the extent a response is required, GM denies the allegations in
`
`Paragraph 77 of the Complaint.
`
`78. GM denies that it has committed any wrongful acts. Therefore,
`
`Plaintiff is not entitled to recover any damages or to other relief.
`
`
`
`COUNT TWO
`(Defendants’ [Alleged] Infringement of the ʼ908 Patent)
`
`79. GM incorporates by reference the preceding paragraphs 1 to 78.
`
`80. GM denies that it has committed any acts of infringement. Paragraph
`
`80 of the Complaint states legal contentions or conclusions that require no
`
`
`
`18
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2207 Filed 08/24/22 Page 19 of 34
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`response. To the extent a response is required, GM denies the allegations in
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`Paragraph 80 of the Complaint.
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`81. GM denies that it has committed any acts of infringement. Paragraph
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`81 of the Complaint states legal contentions or conclusions that require no
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`response. GM lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations contained in Paragraph 81 of the Complaint, and
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`therefore denies those allegations.
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`82. GM denies that it has committed any acts of infringement. Paragraph
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`82 of the Complaint states legal contentions or conclusions that require no
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`response. GM lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations contained in Paragraph 82 of the Complaint, and
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`therefore denies those allegations.
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`83. GM denies that it has committed any acts of infringement. Paragraph
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`83 of the Complaint states only legal contentions or conclusions that require no
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`response. To the extent a response is required, GM denies the allegations in
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`Paragraph 83 of the Complaint.
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`84. GM denies that it has committed any acts of infringement within the
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`Eastern District of Texas or elsewhere. Paragraph 77 of the Complaint states only
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`legal contentions or conclusions that require no response. To the extent a response
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`is required, GM denies the allegations in Paragraph 77 of the Complaint.
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`85. GM denies that it has committed any wrongful acts. Therefore,
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`Plaintiff is not entitled to recover any damages or to other relief.
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`COUNT THREE
`(Defendants’ [Alleged] Infringement of the ʼ941 Patent)
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`86. GM incorporates by reference the preceding paragraphs 1 to 85.
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`87. GM denies that it has committed any acts of infringement. Paragraph
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`87 of the Complaint states legal contentions or conclusions that require no
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`response. To the extent a response is required, GM denies the allegations in
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`Paragraph 87 of the Complaint.
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`88. GM denies that it has committed any acts of infringement. Paragraph
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`88 of the Complaint states legal contentions or conclusions that require no
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`response. GM lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations contained in Paragraph 88 of the Complaint, and
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`therefore denies those allegations.
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`89. GM denies that it has committed any acts of infringement. Paragraph
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`89 of the Complaint states legal contentions or conclusions that require no
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`response. GM lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations contained in Paragraph 89 of the Complaint, and
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`therefore denies those allegations.
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`90. GM denies that it has committed any acts of infringement. Paragraph
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`90 of the Complaint states only legal contentions or conclusions that require no
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2209 Filed 08/24/22 Page 21 of 34
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`response. To the extent a response is required, GM denies the allegations in
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`Paragraph 90 of the Complaint.
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`91. GM denies that it has committed any acts of infringement. Paragraph
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`91 of the Complaint states only legal contentions or conclusions that require no
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`response. To the extent a response is required, GM denies the allegations in
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`Paragraph 91 of the Complaint.
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`92. GM denies that it has committed any wrongful acts. Therefore,
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`Plaintiff is not entitled to recover any damages or to other relief.
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`COUNT FOUR
`(Defendants’ [Alleged] Infringement of the ʼ450 Patent)
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`93. GM incorporates by reference the preceding paragraphs 1 to 94.
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`94. GM denies that it has committed any acts of infringement. Paragraph
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`94 of the Complaint states legal contentions or conclusions that require no
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`response. To the extent a response is required, GM denies the allegations in
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`Paragraph 94 of the Complaint.
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`95. GM denies that it has committed any acts of infringement. Paragraph
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`95 of the Complaint states legal contentions or conclusions that require no
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`response. GM lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations contained in Paragraph 95 of the Complaint, and
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`therefore denies those allegations.
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2210 Filed 08/24/22 Page 22 of 34
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`96. GM denies that it has committed any acts of infringement. Paragraph
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`96 of the Complaint states legal contentions or conclusions that require no
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`response. GM lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations contained in Paragraph 96 of the Complaint, and
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`therefore denies those allegations.
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`97. GM denies that it has committed any acts of infringement. Paragraph
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`97 of the Complaint states only legal contentions or conclusions that require no
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`response. To the extent a response is required, GM denies the allegations in
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`Paragraph 97 of the Complaint.
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`98. GM denies that it has committed any acts of infringement. Paragraph
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`98 of the Complaint states only legal contentions or conclusions that require no
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`response. To the extent a response is required, GM denies the allegations in
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`Paragraph 98 of the Complaint.
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`99. GM denies that it has committed any wrongful acts. Therefore,
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`Plaintiff is not entitled to recover any damages or to other relief.
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`COUNT FIVE
`(Defendants’ [Alleged] Infringement of the ʼ512 Patent)
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`100. GM incorporates by reference the preceding paragraphs 1 to 99.
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`101. GM denies that it has committed any acts of infringement. Paragraph
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`101 of the Complaint states legal contentions or conclusions that require no
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`22
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`Case 2:22-md-03034-TGB ECF No. 58, PageID.2211 Filed 08/24/22 Page 23 of 34
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`response. To the extent a response is required, GM denies the allegations in
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`Paragraph 101 of the Complaint.
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`102. GM denies that it has committed any acts of infringement. Paragraph
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`102 of the Complaint states legal contentions or conclusions that require no
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`response. GM lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations contained in Paragraph 102 of the Complaint,
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`and therefore denies those allegations.
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`103. GM denies that it has committed any acts of infringement. Paragraph
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`103 of the Complai