Case 2:22-md-03034-TGB ECF No. 65, PageID.2287 Filed 08/24/22 Page 1 of 55
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`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`IN RE NEO WIRELESS, LLC
`PATENT LITIG.
`
`NEO WIRELESS, LLC,
`
`Plaintiff,
`
`v.
`
`FORD MOTOR COMPANY,
`
`Defendant.
`
`Case No. 2:22-md-030304-TGB
`
`Hon. Terrence G. Berg
`
`Case No. 2:22-cv-11402-TGB
`
`Hon. Terrence G. Berg
`
`JURY TRIAL DEMANDED
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`FORD MOTOR COMPANY’S ANSWER TO FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS
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`Defendant Ford Motor Company (“Ford”) responds to Plaintiff Neo Wireless, LLC’s
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`(“Neo”) First Amended Complaint (“Complaint”) as follows:
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`GENERAL DENIAL
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`Unless specifically admitted below, Ford denies each and every allegation contained in
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`Paragraphs 1-108 of Neo’s Complaint, and Ford denies that Neo is entitled to any relief, including
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`that requested in its Prayer for Relief.
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`PARTIES
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`1.
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`Plaintiff Neo Wireless, LLC is a Delaware corporation with its principal place of
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`business located in Wayne, Pennsylvania.
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`ANSWER: Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 1, and therefore denies the same.
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`2.
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`On information and belief, Ford is organized and existing under the laws of
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`Delaware, with its principal place of business at 1 American Road, Dearborn, Michigan 48126.
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`Ford may be served through its registered agent, The Corporation Company, at 120 South Central
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`Avenue, Clayton, Missouri 63105.
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`ANSWER: Ford admits the allegations in Paragraph 2.
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`JURISDICTION AND VENUE
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`3.
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`This action includes a claim of patent infringement arising under the patent laws of
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`the United States, 35 U.S.C. § 1 et seq.
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`ANSWER: Ford admits that the Complaint purports to be an action for patent
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`infringement under the patent laws of the United States of America, Title 35, United States Code.
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`But Ford denies that it has committed any acts of patent infringement or is otherwise liable for
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`misconduct related to allegations in the Complaint.
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`4.
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`Subject matter jurisdiction is proper in this Court under 28 U.S.C. §§ 1331 and
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`1338(a).
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`ANSWER: Ford admits this Court has subject matter jurisdiction over actions arising
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`under the patent laws of the United States pursuant to 28 U.S.C. §§ 1331 and 1338(a). Ford denies
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`there is subject matter jurisdiction for this particular action because Ford has not committed any
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`infringing act related to any of the patents asserted in the Complaint.
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`5.
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`Venue is proper in the Western District of Missouri under 28 U.S.C. § 1400(b)
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`because, on information and belief, Ford (1) has committed acts of infringement in the Western
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`District of Missouri and (2) has a regular and established place of business in the Western District
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`of Missouri.
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`ANSWER: To the extent Paragraph 5 sets forth legal conclusions, no response is
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`required. Ford does not contest venue in the Western District of Missouri, but reserves the right
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`to seek transfer to a more appropriate or convenient forum. Ford denies it has committed any
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`2
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`infringing act, in the Western District of Missouri or elsewhere, related to any of the patents
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`asserted in the Complaint.
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`6.
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`On information and belief, Ford owns and operates an assembly plant located at
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`8121 US-69, Claycomo, Missouri 64119, which is in the Western District of Missouri. Upon
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`information and belief, this facility manufactures infringing products, including the Ford F-150.
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`Upon information and belief, the Ford F-Series are the best selling vehicles in the United States.
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`Upon information and belief, Ford’s Claycomo plant is over 4 million square feet and employs
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`over 7,000 people. Upon information and belief, Ford’s Claycomo plant manufactures more
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`vehicles than any other facility in the United States and is the largest tax generator in Clay County,
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`MO.
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`ANSWER: Ford admits it owns and operates an assembly plant located at 8121 US-69,
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`Claycomo, Missouri 64119. Ford admits that it has manufactured at least one Ford F-150 at that
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`facility. Ford admits that Car and Driver reported Ford sold over 700,000 F-Series in the United
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`States in 2021. Ford admits this facility’s site is 1,269 acres and employs over 7,000 people. Ford
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`denies that the Ford F-150 infringes any of the patents asserted in the Complaint. Ford further
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`denies it manufactures any infringing products, at this or any other facility. Ford is without
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations in
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`Paragraph 6, and therefore denies the same.
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`7.
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`Ford is subject to the Western District of Missouri’s specific personal jurisdiction
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`due at least to Ford’s substantial business activities in the Western District of Missouri, including
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`(1) at least a portion of the infringements alleged herein; (2) maintaining a regular and established
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`place of business; and/or (3) regularly doing or soliciting business, engaging in other persistent
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`courses of conduct, and/or deriving substantial revenue from goods and services provided to
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`3
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`individuals in Missouri and in the Western District of Missouri.
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`ANSWER:
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` Ford admits it has done business in the Western District of Missouri. Ford
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`denies it has committed any infringing act, in the Western District of Missouri or elsewhere, related
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`to any of the patents asserted in the Complaint. Except as expressly admitted herein, to the extent
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`that Paragraph 7 contains any other allegations of fact directed to Ford, they are denied. To the
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`extent that Paragraph 7 contains conclusions of law as opposed to allegations of fact, no answer is
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`required. To the extent an answer is deemed required, Ford denies the same.
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`8.
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`Ford does and intends to do business in Missouri and in the Western District of
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`Missorui, directly or through intermediaries, and offer their products and/or services, including
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`those accused herein of infringement, to customers and potential customers located in Missouri
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`and in the Western District of Missouri.
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`ANSWER: Ford admits it has done business in the Western District of Missouri, which
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`is located in Missouri. Ford denies it has committed any infringing act, in the Western District of
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`Missouri or elsewhere, related to any of the patents asserted in the Complaint. Except as expressly
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`admitted herein, to the extent that Paragraph 8 contains any other allegations of fact directed to
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`Ford, they are denied. To the extent that Paragraph 8 contains conclusions of law as opposed to
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`allegations of fact, no answer is required. To the extent an answer is deemed required, Ford denies
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`the same.
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`9.
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`Ford, both directly and through its subsidiaries or intermediaries (including
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`distributors, retailers, and others), have purposefully and voluntarily placed one or more infringing
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`products and/or services, as described below, into the stream of commerce with the expectation
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`that those products will be purchased and used by customers and/or consumers in the Western
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`District of Missouri.
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`4
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`ANSWER: Ford denies the allegations in Paragraph 9.
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`10.
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`These infringing products and/or services have been and continue to be made, used,
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`sold, offered for sale, purchased, and/or imported by customers and/or consumers in the Western
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`District of Missouri.
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`ANSWER: Ford denies the allegations in Paragraph 10.
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`11.
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`Defendant has placed the Accused Products into the stream of commerce by
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`making, selling, and/or offering to sell Accused Products in the Western District of Missouri,
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`shipping Accused Products into the Western District of Missouri, and/or shipping Accused
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`Products knowing that those products would be shipped into the Western District of Missouri.
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`ANSWER: Ford admits that it sells vehicles to independent dealerships, who sell their
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`Ford vehicles to the public. Ford denies that it has committed any acts of patent infringement or
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`that its motor vehicles and related products infringe any of the patents asserted in the Complaint.
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`Ford denies the remaining allegations in Paragraph 11.
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`THE ASSERTED PATENTS
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`I.
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`The ’366 Patent
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`12.
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`On June 18, 2013, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,467,366 (“the ’366 patent”), entitled “Methods and Apparatus for
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`Random Access in Multi-Carrier Communication Systems.” A copy of the ’366 patent is attached
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`as Exhibit 1.
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`ANSWER: Ford admits that U.S. Patent No. 8,467,366 (“the ’366 patent”) is entitled
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`“Methods and Apparatus for Random Access in Multi-Carrier Communication Systems” and lists
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`the issue date on the face of the patent as June 18, 2013. Ford admits that a purported copy of the
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`5
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`’366 patent is attached as Exhibit 1 to the Complaint. Ford denies that the ’366 patent was properly
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`issued.
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`13.
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`The ’366 patent issued from U.S. Patent Application 13/205,579, which was filed
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`by Neocific Inc. on August 8, 2011 on behalf of the inventors. The now-issued ’366 patent was
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`assigned from Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before it was assigned to
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`Neo Wireless LLC on January 23, 2020.
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`ANSWER: Ford admits Exhibit 1 indicates it was issued from U.S. Patent Application
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`13/205,579, filed on August 8, 2011. Ford is without knowledge or information sufficient to form
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`a belief as to the truth of the remaining allegations in Paragraph 13, and therefore denies them.
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`14.
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`The ’366 patent is valid and enforceable.
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`ANSWER: Ford denies the allegations in Paragraph 14.
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`II.
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`The ’908 Patent
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`15.
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`On November 10, 2020, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 10,833,908 (“the ’908 patent”), entitled “Channel Probing Signal
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`for a Broadband Communication System.” A copy of the ’908 patent is attached as Exhibit 2.
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`ANSWER: Ford admits that U.S. Patent No. 10,833,908 (“the ’908 patent”) is entitled
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`“Channel Probing Signal for a Broadband Communication System” and lists the issue date on the
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`face of the patent as November 10, 2020. Ford admits that a purported copy of the ’908 patent is
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`attached as Exhibit 2 to the Complaint. Ford denies that the ’908 patent was properly issued.
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`16.
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`The ’908 patent issued from U.S. Patent Application 16/902,740, which was filed
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`on June 16, 2020 by Neo Wireless LLC on behalf of the inventors.
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`6
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`ANSWER: Ford admits Exhibit 2 indicates it was issued from U.S. Patent Application
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`16/902,740, filed on June 16, 2020. Ford is without knowledge or information sufficient to form
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`a belief as to the truth of the remaining allegations in Paragraph 16, and therefore denies them.
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`17.
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`The ’908 patent is valid and enforceable.
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`ANSWER: Ford denies the allegations in Paragraph 17.
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`III. The ’941 Patent
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`18.
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`On September 11, 2018, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 10,075,941 (“the ’941 patent”), entitled “Methods and Apparatus
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`for Multi-Carrier Communications with Adaptive Transmission and Feedback.” A copy of the
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`’941 patent is attached as Exhibit 3.
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`ANSWER: Ford admits that U.S. Patent No. 10,075,941 (“the ’941 patent”) is entitled
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`“Methods and Apparatus for Multi-Carrier Communication Systems with Adaptive Transmission
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`and Feedback” and lists the issue date on the face of the patent as September 11, 2018. Ford admits
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`that a purported copy of the ’941 patent is attached as Exhibit 3 to the Complaint. Ford denies that
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`the ’941 patent was properly issued.
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`19.
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`The ’941 patent issued from U.S. Patent Application 15/082,878, which was filed
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`by Neocific, Inc. on March 28, 2016. The now-issued ’941 patent was assigned from Neocific,
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`Inc. to CFIP NCF LLC on November 22, 2019 before it was assigned to Neo Wireless LLC on
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`January 23, 2020.
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`ANSWER: Ford admits Exhibit 3 indicates it was issued from U.S. Patent Application
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`15/082,878, filed on March 28, 2016. Ford is without knowledge or information sufficient to form
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`a belief as to the truth of the remaining allegations in Paragraph 19, and therefore denies them.
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`20.
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`The ’908 patent is valid and enforceable.
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`7
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`ANSWER: Ford denies the allegations in Paragraph 20.
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`IV.
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`The ’450 Patent
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`21.
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`On October 15, 2019, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 10,447,450 (“the ’450 patent”), entitled “Method and System for
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`Multi-Carrier Packet Communication with Reduced Overhead.” A copy of the ’450 patent is
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`attached as Exhibit 4.
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`ANSWER: Ford admits that U.S. Patent No. 10,447,450 (“the ’450 patent”) is entitled
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`“Method and System for Multi-Carrier Packet Communication with Reduced Overhead” and lists
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`the issue date on the face of the patent as October 15, 2019. Ford admits that a purported copy of
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`the ’450 patent is attached as Exhibit 4 to the Complaint. Ford denies that the ’450 patent was
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`properly issued.
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`22.
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`The ’450 patent issued from U.S. Patent Application 15/676,421, which was filed
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`by Neocific, Inc. on August 14, 2017. The now-issued ’450 patent was later assigned from
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`Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before it was assigned to Neo Wireless
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`LLC on January 23, 2020.
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`ANSWER: Ford admits Exhibit 4 indicates it was issued from U.S. Patent Application
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`15/676,421, filed on August 14, 2017. Ford is without knowledge or information sufficient to
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`form a belief as to the truth of the remaining allegations in Paragraph 22, and therefore denies
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`them.
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`23.
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`The ’450 patent is valid and enforceable.
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`ANSWER: Ford denies the allegations in Paragraph 23.
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`V.
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`The ’512 Patent
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`24.
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`On March 30, 2021, the United States Patent and Trademark Office duly and legally
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`8
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`issued U.S. Patent No. 10,965,512 (“the ’512 patent”), entitled “Method and Apparatus Using Cell-
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`Specific and Common Pilot Subcarriers in multi-Carrier, Multi Cell Wireless Communication
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`Networks.” A copy of the ’512 patent is attached as Exhibit 5.
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`ANSWER: Ford admits that U.S. Patent No. 10,965,512 (“the ’512 patent”) is entitled
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`“Method and Apparatus Using Cell-Specific and Common Pilot Subcarriers in multi-Carrier, Multi
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`Cell Wireless Communication Networks” and lists the issue date on the face of the patent as March
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`30, 2021. Ford admits that a purported copy of the ’512 patent is attached as Exhibit 5 to the
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`Complaint. Ford denies that the ’512 patent was properly issued.
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`25.
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`The ’512 patent issued from U.S. Patent Application 17/012,813, which was filed
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`by Neo Wireless on September 4, 2020.
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`ANSWER: Ford admits Exhibit 5 indicates it was issued from U.S. Patent Application
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`17/012,813, filed on September 4, 2020. Ford is without knowledge or information sufficient to
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`form a belief as to the truth of the remaining allegations in Paragraph 25, and therefore denies
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`them.
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`26.
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`The ’512 patent is valid and enforceable.
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`ANSWER: Ford denies the allegations in Paragraph 26.
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`VI.
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`The ’302 Patent
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`27.
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`On September 8, 2020, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 10,771,302 (“the ’302 patent”), entitled “Method and System for
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`Multi-Carrier Packet Communication with Reduced Overhead.” A copy of the ’302 patent is
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`attached as Exhibit 6.
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`ANSWER: Ford admits that U.S. Patent No. 10,771,302 (“the ’302 patent”) is entitled
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`“Method and System for Multi-Carrier Packet Communication with Reduced Overhead” and lists
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`9
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`the issue date on the face of the patent as September 8, 2020. Ford admits that a purported copy
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`of the ’302 patent is attached as Exhibit 6 to the Complaint. Ford denies that the ’302 patent was
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`properly issued.
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`28.
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`The ’302 patent issued from U.S. Patent Application 15/953,950, which was filed
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`on April 16, 2018 and was assigned from Neocific, Inc. to CFIP NCF LLC on November 22, 2019
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`before it was assigned to Neo Wireless LLC on January 23, 2020.
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`ANSWER: Ford admits Exhibit 6 indicates it was issued from U.S. Patent Application
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`15/953,950, filed on April 16, 2018. Ford is without knowledge or information sufficient to form
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`a belief as to the truth of the remaining allegations in Paragraph 28, and therefore denies them.
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`29.
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`The ’302 patent is valid and enforceable.
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`ANSWER: Ford denies the allegations in Paragraph 29.
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`30.
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`Neo Wireless owns all rights, title, and interest in and to each of the ’366, ’908,
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`’941, ’450, ’512, and ’302 patents (the “Patents-in-Suit” or “Asserted Patents”) and possesses all
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`rights of recovery.
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`ANSWER: Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 30, and therefore denies them.
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`FACTUAL ALLEGATIONS
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`31.
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`Inventor Xiaodong (Alex) Li, Ph.D. founded Neocific Inc. in the early 2000s to
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`design, develop, and implement a new wireless communication system. He and his co-inventors
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`had extensive experience with wireless communications systems, including the development of
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`the Wi-Max standards, and a deep understanding of the flaws in existing systems at the time. The
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`inventors saw an opportunity to create a new wireless communication system meant to address
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`those flaws while incorporating cutting-edge Orthogonal Frequency-Division Multiple Access
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`(OFDMA) based technologies, and, starting in the 2004–2005 timeframe, they filed patents on the
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`10
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`work.
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`ANSWER: Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 31, and therefore denies them.
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`32.
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`Dr. Li served as the President and Founder of Neocific. Dr. Li obtained his Ph.D.
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`in electrical engineering from the University of Washington, his M.S. from Shanghai Jiao Tong
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`University, and his B.S. from Tsinghua University. Dr. Li has authored more than 30 journal and
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`conference papers in wireless communications, video coding, and networking. He has been granted
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`more than 100 U.S. and foreign patents.
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`ANSWER: Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 32, and therefore denies them.
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`33.
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`Dr. Titus Lo, Ph.D. is a founding employee of Neocific. Dr. Lo obtained his Ph.D.
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`in electrical engineering from McMaster University and his B.S. from the University of British
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`Columbia. Dr. Lo has authored more than 30 technical papers in international peer-reviewed
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`journals and presented more than 50 times at industry events. He has been granted more than 100
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`U.S. and foreign patents.
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`ANSWER: Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 33, and therefore denies them.
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`34.
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`The inventions in the Patents-in-Suit relate to various improvements in OFDMA
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`networks and corresponding user equipment, and those improvements have since been
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`incorporated into the 3GPP standards for 4G/LTE and 5G/NR networks.
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`ANSWER: Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 34, and therefore denies them.
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`35.
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`Neo Wireless owns all substantial right, title, and interest in the Patents-in-Suit, and
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`11
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`holds the right to sue and recover damages for infringement thereof.
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`ANSWER: Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 35, and therefore denies them.
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`36.
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`David Loo is the CEO of Plaintiff Neo Wireless. Mr. Loo works and resides in
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`Wayne, Pennsylvania. Mr. Loo has over a decade of experience as a licensing executive and patent
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`attorney with a well-established track record of assisting companies, inventors, and patent holders
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`to ensure they are fairly compensated for their inventions.
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`ANSWER: Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 36, and therefore denies them.
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`37.
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`The wireless communication industry has been developing rapidly since Bell Labs
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`developed the First Generation of modern commercial cellular technology in 1984. Multiple
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`wireless communication technologies designated by generations emerged and brought new
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`capacities to people all over the world. In 2008, 3GPP created and finalized the LTE standards as
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`an upgrade to 3G. The cellular industry recognized its major benefits, and virtually all cellular
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`device manufacturers have embraced LTE as the next generation of commercial cellular
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`technology and developed phones, hotspots, and other cellular-connectivity devices to utilize the
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`4G LTE technology.
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`ANSWER: Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 37, and therefore denies them.
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`38.
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`In recent years, automakers have implemented this cellular communications
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`technology into their vehicles. Telematics systems first debuted in 1996 through OnStar using
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`analog cell networks, which allowed consumers to receive remote diagnostics, remotely unlock
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`vehicles, and receive emergency services after a collision. In 2007, 3G technology emerged,
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`bringing greater speed and capacity to these features and allowing automakers to design more
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`advanced functions.
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`ANSWER: Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 38, and therefore denies them.
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`39. When the technology emerged, Ford began implementing the newest 4G LTE
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`cellular technology into many of its products. 4G LTE technology provided for 10 times faster
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`data speeds, increased responsiveness, and the ability to support voice and data connections
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`simultaneously. 4G LTE connection further provides consumers with a variety of in-vehicle Wi-
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`Fi hot spots and vast entertainment options. As a result, Ford could better support a variety of
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`wireless features, including remote lock and unlock, remote start and remote start scheduling,
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`parked vehicle location, Vehicle Health Alerts, remote fuel level checks, and Wi-Fi hotspot.
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`ANSWER: Ford admits that it makes, uses, and sells vehicles including a 4G multimode
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`modem that is supplied to Ford for installation on Ford vehicles. Because Ford does not
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`manufacture those modems, Ford cannot admit or deny the extent to which those modems comply
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`with the applicable telecommunications standards, including the LTE, 4G, 5G, and/or NR
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`standards referenced in the Complaint. The Complaint does not analyze the modems supplied to
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`Ford for installation on Ford vehicles. Ford admits that some Ford vehicles may be used with Ford
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`mobile applications, such as FordPass, which provide users the ability to remotely control certain
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`aspects of properly equipped vehicles, including remote lock and unlock, remote start and remote
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`start scheduling, parked vehicle location, certain vehicle health alerts, remote fuel level checks,
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`and/or a Wi-Fi hotspot. Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the remaining allegations in Paragraph 39, and therefore denies them.
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`40.
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`Ford provides 4G LTE connectivity in its various products via FordPass Connect,
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`13
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`SYNC Connect, and/or Lincoln Connect (collectively referred to as “FordPass”), which are
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`integrated into its vehicles.
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`ANSWER: Ford admits it has sold vehicles which include a 4G multimode modem that
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`is supplied to Ford for installation on Ford vehicles. Ford further admits it incorporates FordPass
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`Connect, SYNC Connect, and/or Lincoln Connect into one or more of its vehicles. The wireless
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`modem provides wireless data communication. Because Ford does not manufacture those
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`modems, Ford lacks sufficient information to admit or deny allegations of the extent to which
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`those modems comply with applicable telecommunication standards. Ford denies the remaining
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`allegations in Paragraph 40.
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`41.
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`Building on these 4G LTE capabilities, Ford developed and utilizes the FordPass
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`App and the Lincoln Way App (collectively, the “FordPass App”) that enable customers to
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`connect, control, and interact with their vehicles from their cellular devices, using the cellular
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`connectivity of the vehicles. Features on the FordPass App include remotely starting the vehicle,
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`remotely locking and unlocking the vehicle, providing vehicle status information such as fuel or
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`charge level and maintenance information, and receiving Vehicle Health Alerts when the vehicle
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`needs attention.
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`ANSWER: Ford admits that some Ford vehicles may be used with Ford’s FordPass or
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`Lincoln Way mobile applications, which provide users the ability to remotely control certain
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`aspects of properly equipped vehicles, including remote lock and unlock, remote start and remote
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`start scheduling, parked vehicle location, certain vehicle health alerts, remote fuel level checks,
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`and/or a Wi-Fi hotspot. The wireless modem included in certain vehicles provides wireless data
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`communication. Because Ford does not manufacture those modems, Ford lacks sufficient
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`information to admit or deny allegations of the extent to which those modems comply with
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`applicable telecommunication standards. Ford is without knowledge or information sufficient to
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`form a belief as to the truth of the remaining allegations in Paragraph 41, and therefore denies
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`them.
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`42.
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`Ford models that implement 4G/LTE communications—including but not limited
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`to the Ford F-150, Explorer, Escape, EcoSport, Edge, Expedition, Super Duty, Fusion, Mustang,
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`Transit, Ranger, Bronco, Maverick, and Lincoln Navigator, Aviator, Corsair, Nautilus, MKZ,
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`MKC, MKS, MKX, and Continental models (and their different variants and trims)—as well as
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`those that may in the future implement 4G/LTE or 5G/NR capabilities, are collectively referred to
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`herein as the “Accused Products.”
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`ANSWER: Ford admits that it makes, uses, and sells vehicles having a supplied cellular
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`modem component. Because Ford does not manufacture those modems, Ford cannot admit or
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`deny the extent to which those modems comply with the applicable telecommunications standards,
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`including the LTE, 4G, 5G, and/or NR standards referenced in the Complaint. The Complaint
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`does not analyze the modems supplied to Ford for installation on Ford vehicles. Ford admits the
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`products listed in Paragraph 42 are accused of infringing the patents-in-suit, but Ford denies any
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`of the Accused Products listed in Paragraph 42 infringe any valid and enforceable patent asserted
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`in the Complaint. Ford is without knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations in Paragraph 42, and therefore denies them.
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`43.
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`Ford’s Accused Products are configured to operate within 4G/LTE and/or NR/5G
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`cellular networks and in communication with base stations and other network access points. The
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`cellular networks and base stations are interoperable and implement the one or more releases of
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`the 4G/LTE and NR/5G 3GPP standards from release 8 through at least release 17. The cellular
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`networks, including the cell-serving base stations, are controlled by various carriers and
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`implemented using a variety of hardware and/or software. Additionally, each base station may
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`operate differently based on the wireless conditions, location, and/or network configuration.
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`ANSWER: Ford admits that it makes, uses, and sells vehicles that include a cellular
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`modem component supplied to Ford for installation on Ford vehicles. Because Ford does not
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`manufacture those modems, Ford cannot admit or deny the extent to which those modems comply
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`with the applicable telecommunications standards, including the LTE, 4G, 5G, and/or NR
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`standards referenced in the Complaint. The Complaint does not analyze the modems supplied to
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`Ford for installation on Ford vehicles. Ford is without knowledge or information sufficient to form
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`a belief as to the truth of the remaining allegations in Paragraph 43, and therefore denies them.
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`44.
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`Additionally, the communications between Ford’s Accused Products and the
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`serving base station include a multitude of signals back and forth in normal operation, such as
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`when establishing connections, sending and receiving control information, sending and receiving
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`reference signaling, communicating data in the uplink and downlink, obtaining network
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`parameters, etc. And Ford’s Accused Products do this across a potentially large range of time and
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`locations, including across a variety of base station equipment and configurations and/or wireless
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`conditions. As such, Ford’s Accused Products are configured to operate across the various modes,
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`formats, and schemes defined in the 4G/LTE and NR/5G 3GPP standards.
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`ANSWER: Ford admits that it makes, uses, and sells vehicles that include a cellular
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`modem component supplied to Ford for installation on Ford vehicles. Because Ford does not
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`manufacture those modems, Ford cannot admit or deny the extent to which those modems comply
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`with the applicable telecommunications standards, including the LTE, 4G, 5G, and/or NR
`
`standards referenced in the Complaint. The Complaint does not analyze the modems supplied to
`
`
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`Ford for installation on Ford vehicles. Ford is without knowledge or information sufficient to form
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`a belief as to the truth of the remaining allegations in Paragraph 44, and therefore denies them.
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`45.
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`As described further below and set forth in Exhibits 7–12, the Asserted Patents read
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`onto portions of the 4G/LTE or NR/5G standards, each of which Ford implements in its Accused
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`Products. In particular, Ford and/or its customers and end users must practice one or more claims
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`from each of the Asserted Patents in order to implement the 4G/LTE and/or NR/5G standards in
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`the Accused Products. Thus, on information and belief, Ford’s implementation(s) of the LTE/4G
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`and/or NR/5G standards necessarily infringes one or more claims of the Asserted Patents.
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`ANSWER: Ford denies the allegations in Paragraph 45.
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`46.
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`Ford does not have any rights to the Patents-in-Suit.
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`ANSWER: Ford is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 46, and therefore denies them.
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`47.
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`Neo Wireless has complied with 35 U.S.C. § 287. Neo Wireless does not make,
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`offer for sale, or sell within the United States any patented article under the Asserted Patents.
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`Additionally, to the extent it was necessary, Neo Wireless provided Ford with actual notice of its
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`infringement prior to the filing of this lawsuit, or at a minimum by the filing of this Complaint.
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`ANSWER: Ford admits it received written communication from Neo prior to the filing
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`of this lawsuit. However, Ford admits it received notice only as of service of the Complaint. Ford
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`denies it has committed any infringing acts and denies any Accused Products infringe any valid
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`and enforceable patents asserted in the Complaint. Ford 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, and th