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`
`Marie L. Mathews, Esq. (N.J. Attorney No. 002432011)
`Shirley U. Emehelu, Esq. (N.J. Attorney No. 193712019)
`CHIESA SHAHINIAN & GIANTOMASI PC
`One Boland Drive
`West Orange, NJ 07052
`Telephone: (973) 530-2127
`
`Michael Sheetz, Esq. (pro hac vice)
`COOLEY LLP
`500 Boylston St.
`Boston, MA 02116
`Telephone: (617) 937-2300
`
`John Paul Oleksiuk, Esq. (pro hac vice)
`COOLEY LLP
`1333 2nd St., Suite 400
`Santa Monica, CA 90401
`Telephone: (310) 883-6400
`
`Stephanie Schuyler, Esq. (pro hac vice)
`COOLEY LLP
`55 Hudson Yards
`New York, NY 10001
`Telephone: (212) 479-6000
`
`Laurence Pulgram (pro hac vice forthcoming)
`David Hayes (pro hac vice forthcoming)
`FENWICK & WEST LLP
`555 California St.
`San Francisco, CA 94104
`Telephone: (415) 875-2300
`Attorneys for Defendant Chegg, Inc.
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`PEARSON EDUCATION, INC.,
`
`-against-
`
`CHEGG, INC.,
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`
`Civil Action No. 2:21-cv-16866
`(SDW-ESK)
`
`
`
`

`

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`DEFENDANT CHEGG, INC’S ANSWER TO PLAINTIFF’S COMPLAINT
`FOR COPYRIGHT INFRINGEMENT AND AFFIRMATIVE DEFENSES
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`Defendant Chegg, Inc. (“Chegg”), through its counsel, Cooley LLP, hereby answers the
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`allegations in the Complaint (“Complaint”) of Plaintiff Pearson Education, Inc. (“Plaintiff” or
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`“Pearson”) in the above action as follows:
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`GENERAL RESPONSE
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`Chegg is an innovative, publicly held education technology company that has put students’
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`needs first since its founding in 2005. Chegg strives to make academic support affordable and
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`accessible to students of all economic means. To that end, it offers students on-demand, low-cost
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`educational support to supplement and complement traditional, in-classroom learning. Chegg
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`supports students with tools designed to help them learn course materials, succeed in their classes,
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`save money on required materials, and realize the value of the courses for which they pay. Because
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`Chegg’s products are available anytime online, Chegg’s products also assist students when they
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`are in a remote environment without access to many traditional educational resources. One of its
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`products, Chegg Study, does this by providing students with new learning tools and resources that
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`include original, step-by-step solutions to textbook questions to help students better understand
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`the concepts being taught in their coursework and apply those principles in other contexts. Chegg’s
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`solutions walk students through the process of solving problems incrementally, through structured
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`analysis. Chegg Study teaches students how to solve not only individual end-of-chapter questions,
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`but also how to approach solving other problems of the same type. A student accessing Chegg’s
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`solutions learns by using them, just as a student learns when a teacher or tutor guides the student
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`through the steps of solving a problem. As discussed at www.chegg.com/about/, at a time when
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`classes and homework have gone digital, Chegg provides the kind of learning assistance that
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`students need and value.
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`-2-
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`

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`Chegg Study has invested in providing original, step-by-step solutions to textbook
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`questions, including from Pearson textbooks, since approximately 2010. And for over a decade,
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`Pearson not only acquiesced in the lawfulness of this practice, Pearson endorsed it and profited
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`from it. Pearson’s Complaint has obscured these facts. From April 2016 through May 2021,
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`Pearson and Chegg had a Textbook Questions Distribution Agreement (the “License Agreement”),
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`under which Pearson went so far as to license to Chegg the verbatim text of end-of-chapter
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`problems from many of Pearson’s textbooks, authorizing Chegg to add the display of the problems’
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`text next to the millions of solutions that Chegg had already independently developed and the
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`millions more that Chegg continued to create. Before the License Agreement, Chegg identified
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`its step-by-step solutions through a combination of publication title, chapter, and question numbers
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`so that students could locate the solution corresponding to a given problem. For over five years
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`(pursuant to the License Agreement), Chegg Study also displayed the full problem text for those
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`Pearson textbooks next to the solution that Chegg experts had created. Both during the License
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`Agreement, and without it, the parties fully and explicitly understood that Chegg had and has every
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`right to operate a platform displaying the independent solutions that Chegg creates, and that
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`Pearson’s alleged copyrights in its questions do not cover Chegg’s solutions. Indeed, the License
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`Agreement acknowledged what Pearson and the market already knew: that even prior to the
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`License Agreement, Chegg “has developed websites that provide online homework help questions
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`and solutions to students.”
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`Over the years, Pearson watched Chegg grow and succeed by providing students affordable
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`and convenient access to a suite of new educational services, including step-by-step solutions. In
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`February 2021, after years of endorsing and profiting from Chegg’s textbook solutions platform,
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`Pearson demanded for the first time that Chegg take down the original step-by-step solutions to
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`-3-
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`Pearson textbook questions from Chegg Study, taking the position that a copyright in a textbook
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`grants Pearson a monopoly over, and the ability to preclude anyone else from independently
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`creating, solutions to the questions in textbooks. Pearson’s position is legally flawed, and
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`fundamentally contrary to students’ interests in full and equal access to learning opportunities.
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`Pearson’s textbook copyrights do not grant it a monopoly over the right to solve an end-
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`of-chapter problem. The step-by-step solutions that Chegg has created and made available on
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`Chegg’s innovative platform do not infringe any Pearson copyrights. To the contrary, the
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`fundamental purpose of copyright is to promote creativity and expand public knowledge and
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`understanding in furtherance of the public interest. Pearson’s assertions in this action seek to
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`prohibit and deprive students of alternative learning resources, lock them in to paying for and using
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`only Pearson services, and block innovation in and the accessibility of learning techniques that can
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`help level the uneven playing field for access to educational success. Pearson’s assertion also
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`defies—and obscures from the Court—the parties’ course of dealing for over a decade. As Pearson
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`itself had long recognized, the mere fact that Pearson’s textbooks contain “end-of-chapter
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`questions” as alleged in the Complaint does not preclude innovators like Chegg from providing
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`independently created solutions to those questions, nor from providing them in a manner that
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`students can find and use.
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`Chegg responds to the Complaint’s specific allegations further below.
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`
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`RESPONSES TO COMPLAINT ALLEGATIONS
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`RESPONSES TO “NATURE OF THE CASE”
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`1.
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`Chegg denies the allegations in Paragraph 1. Responding further, Chegg states that
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`Pearson, through this lawsuit, is attempting to throttle lawful innovation by weaponizing Pearson’s
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`limited copyright interests and thereby reducing learning opportunities available to students.
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`-4-
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`2.
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`Chegg denies the allegations in Paragraph 2, except that Chegg admits that Pearson
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`textbooks can contain hundreds or thousands of end-of-chapter questions.
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`3.
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`Chegg states that the allegations in Paragraph 3 are legal conclusions to which no
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`response is required, but to the extent a response may be deemed required, Chegg lacks knowledge
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`or information sufficient to form a belief as to the truth of certain allegations in Paragraph 3 and
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`denies other allegations. Chegg lacks knowledge or information sufficient to form a belief as to
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`whether Pearson owns and/or controls the exclusive rights to the copyrights of the textbooks, and
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`as to whether such copyright includes end-of-chapter questions typically contained within each
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`textbook. Chegg denies that Pearson has the exclusive right to control the preparation and
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`distribution of answer sets to the questions in Pearson’s textbooks, and Chegg denies that the sale
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`of a work that is based on, and copies from, the creative efforts of Pearson and its authors
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`necessarily violates Pearson’s exclusive rights under the Copyright Act. Chegg denies the
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`remaining allegations in Paragraph 3.
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`4.
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`Chegg admits in part the allegations in Paragraph 4. Chegg admits that Chegg
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`experts prepare solutions to textbook questions. Chegg denies the remaining allegations in
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`Paragraph 4.
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`5.
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`Chegg states that the allegations contained in Paragraph 5 are legal conclusions to
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`which no response is required, but to the extent a response may be deemed required, Chegg denies
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`the allegations in Paragraph 5.
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`6.
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`Chegg denies in part and admits in part the allegations in Paragraph 6 and lacks
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`knowledge or information sufficient to form a belief as to the truth of other allegations in Paragraph
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`6. Chegg admits that, as a general proposition and from time to time, educators assign selected
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`questions found in textbooks as homework and as study aids as part of the education process.
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`-5-
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`Chegg lacks knowledge or information sufficient to form a belief as to the truth of Pearson’s
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`allegation that Pearson intends its textbook questions to be part of the learning progression. Chegg
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`denies the remaining allegations in Paragraph 6.
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`7.
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`Chegg admits in part the allegations in Paragraph 7. Chegg admits that Pearson
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`and Chegg have done business with each other in several ways over the years. Answering further,
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`Chegg states that over the last decade, Pearson authorized Chegg’s display of step-by-step
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`solutions to Pearson textbook questions on its Chegg Study platform. Chegg notes that on or about
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`April 26, 2016, Pearson and Chegg executed the License Agreement, by which Pearson granted
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`Chegg a license to display the question text from Pearson textbooks alongside corresponding step-
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`by-step solutions that had been created by Chegg for Chegg Study. Chegg also admits that Pearson
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`told Chegg both verbally and in writing for the first time in or about February 2021, to remove
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`“answers” from Chegg Study, following a decade of endorsing and profiting from Chegg’s display
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`of such solutions. The remaining allegations in Paragraph 7 are legal conclusions to which no
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`response is required, but to the extent a response may be deemed required, Chegg denies the
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`allegations.
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`8.
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`Chegg denies the allegations in Paragraph 8.
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`RESPONSES TO “JURISDICTION AND VENUE”
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`9.
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`Chegg states that the allegations in Paragraph 9 are legal conclusions to which no
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`response is required.
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`10.
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`Chegg states that the allegations in Paragraph 10 are legal conclusions to which no
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`response is required, but to the extent a response may be deemed required, Chegg denies the
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`allegations in Paragraph 10.
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`-6-
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`11.
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`Chegg states that the allegations in Paragraph 11 are legal conclusions to which no
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`response is required, but to the extent a response may be deemed required, Chegg denies the
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`allegations in Paragraph 11.
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`RESPONSES TO “GENERAL ALLEGATIONS”
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`Responses to “Pearson and Its Business”
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`12.
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`Chegg lacks knowledge or information sufficient to form a belief as to the truth of
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`Pearson’s allegations about its own business contained in Paragraph 12.
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`13.
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`Chegg lacks knowledge or information sufficient to form a belief as to the truth of
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`Pearson’s allegations about its own business contained in Paragraph 13.
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`14.
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`Chegg lacks knowledge or information sufficient to form a belief as to the truth of
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`Pearson’s allegations about its own business contained in Paragraph 14.
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`15.
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`Chegg admits that Pearson textbooks in some cases include hundreds or thousands
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`of questions. Chegg lacks knowledge or information sufficient to form a belief as to the truth of
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`the remaining allegations in Paragraph 15.
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`16.
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`Chegg lacks knowledge or information sufficient to form a belief as to the truth of
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`Pearson’s allegations about its own business contained in Paragraph 16.
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`17.
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`Chegg states that the allegations in Paragraph 17 are legal conclusions to which no
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`response is required, but to the extent one may be deemed required, Chegg denies the allegation
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`that it has infringed any of Pearson’s copyrights and lacks knowledge or information sufficient to
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`form a belief as to the truth of the remaining allegations in Paragraph 17.
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`18.
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`Chegg admits that the 11th edition of CAMPBELL BIOLOGY contains eight separate
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`units, containing 56 individual chapters, and that each chapter contains end-of-chapter questions.
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`Chegg states that the allegation in Paragraph 18 that the identified questions are protected by
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`copyright is a legal conclusion to which no response is required, but to the extent one may be
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`-7-
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`deemed required, Chegg denies the allegation. Chegg lacks knowledge or information sufficient
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`to form a belief as to the truth of the remaining allegations in Paragraph 18.
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`19.
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`Chegg admits that the 11th edition of MARIEB HUMAN ANATOMY & PHYSIOLOGY is
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`organized into five units, containing 29 individual chapters, and that each chapter is followed by a
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`set of end-of-chapter questions. Chegg states that the allegation in Paragraph 18 that the identified
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`questions are protected by copyright is a legal conclusion to which no response is required, but to
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`the extent one may be deemed required, Chegg denies the allegation. Chegg lacks knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations in Paragraph 19.
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`20.
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`Chegg admits that the 6th edition of MARTIN-GAY BASIC COLLEGE MATHEMATICS
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`contains 11 chapters and that those chapters include end-of-chapter questions. Chegg states that
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`the allegation in Paragraph 20 that the identified questions are protected by copyright is a legal
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`conclusion to which no response is required, but to the extent one may be deemed required, Chegg
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`denies the allegation. Chegg lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations in Paragraph 20.
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`21.
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`Chegg lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 21.
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`22.
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`Chegg lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 22.
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`23.
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`Chegg lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 23.
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`Responses to “Chegg and Its Infringing Conduct”
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`24.
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`25.
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`Chegg admits the allegations in Paragraph 24.
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`Chegg admits that it started as a company that bought and rented and/or sold
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`textbooks and that it does not create its own textbooks or end-of-chapter questions. Answering
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`-8-
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`further, Chegg states that Chegg Study is an innovative educational resource to millions of students
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`that provides solutions to end-of-chapter textbook questions, among many other services designed
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`to assist students with challenges they face during the educational process. Chegg denies the
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`remaining allegations in Paragraph 25.
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`26.
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`Chegg admits in part and denies in part the allegations in Paragraph 26. Chegg
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`denies Pearson’s allegation that it offers “answer sets,” but admits that students can access
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`approximately 6 million original, structured, step-by-step solutions to approximately 9,000
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`textbooks on Chegg Study in order to assist them in understanding the concepts they learn in their
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`textbooks. Chegg denies that it “outsources” its work to “a force of 70,000 freelancers,” but admits
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`that Chegg experts participate in creating the original, step-by-step solutions available on Chegg
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`Study. Chegg denies “disclaiming any responsibility for the accuracy or quality of the answers”
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`for which it contracts, but admits that its Terms of Use state the following: “Chegg does not
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`guarantee the accuracy or quality of answers or other study material that appear on the Services,
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`some of which may be posted by other users.” Chegg admits that a basic subscription to Chegg
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`Study costs $14.95 per month, but states that a subscription provides access to multiple Chegg
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`Study services, not just Chegg’s step-by-step solutions. Chegg admits that its subscription-based
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`services account for more than 80% of its revenues but denies that Chegg Study is either “the
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`central offering” of those subscription-based services or Chegg’s “primary revenue driver.” Chegg
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`denies that the majority of its 2020 revenue came from the “sale of answers.”
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`27.
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`28.
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`Chegg denies the allegations in Paragraph 27.
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`Chegg admits in part and denies in part the allegations in Paragraph 28. Chegg
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`admits that a Forbes article refers to Chegg as a “superspreader,” that the article alleges that 48 of
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`52 students Forbes selected to interview stated that they cheated using Chegg Study, and that
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`-9-
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`Forbes uses the term “Chegging” to refer to cheating. Answering further, Chegg states that the
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`author of the Forbes article relied on anecdotal evidence from a select group of children of her
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`friends and did not interview a representative sample of Chegg users, including those from low-
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`income, first-generation, and minority backgrounds. Despite Chegg’s notifying the author of the
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`shortcomings of her methods and providing access to blind studies that demonstrated different
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`results, the author of the Forbes article published an incomplete profile based on her preconceived
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`(and incorrect) notions of what Chegg does. Chegg admits that Pearson’s partial quotation of a
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`study published in the International Journal for Educational Integrity is accurate but notes that it
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`is incomplete and misleading. Nowhere does the study state that “Chegg’s purported academic
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`integrity efforts are ‘not working.’” Answering further, Chegg states that the study measured only
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`the number of questions posted on Chegg Study over a yearlong period and demonstrated no clear
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`correlation between the observed increase in Chegg use and an increase in cheating or abuse of the
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`Chegg platform. Chegg also takes issue with the methodology of the research. As the study author
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`acknowledged, “the researchers did not subscribe to the Chegg service,” so they would not have
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`been in a position to determine (i) the full scope of questions that were asked and answered, (ii)
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`whether those questions were related to exams or graded work (as opposed to homework), or (iii)
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`which questions had solutions on the platform. Chegg denies the remaining allegations in
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`Paragraph 28.
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`29.
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`Chegg states that the allegations in Paragraph 29 are legal conclusions to which no
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`response is required, but to the extent a response may be deemed required, Chegg denies the
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`allegations in Paragraph 29.
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`30.
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`Chegg admits that it does not produce its own textbooks with original end-of-
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`chapter questions but denies the remaining allegations in Paragraph 30.
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`-10-
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`31.
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`Chegg admits in part and denies in part the allegations in Paragraph 31. Chegg
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`denies Pearson’s characterization of Chegg Study’s original, step-by-step solutions as “answers,”
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`but admits that Chegg provides step-by-step solutions to end-of-chapter questions from certain
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`Pearson textbooks and that for each such textbook, Chegg Study generally provides such solutions
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`to most of the questions in the textbook, as Chegg has done for a decade without objection by
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`Pearson. Chegg denies the remaining allegations in Paragraph 31.
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`32.
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`33.
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`34.
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`35.
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`Chegg denies the allegations in Paragraph 32.
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`Chegg denies the allegations in Paragraph 33.
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`Chegg denies the allegations in Paragraph 34.
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`Chegg admits in part and denies in part the allegations in Paragraph 35. Chegg
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`denies any “infringement” of Pearson’s copyrights in any respect. Chegg admits that, in some
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`cases, Chegg provides solutions for more than 10,000 questions for a single Pearson textbook, and
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`that, across the 150 Pearson titles listed in Exhibit A, Chegg provides approximately hundreds of
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`thousands of solutions to Pearson’s end-of-chapter textbook questions. Chegg denies the
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`remaining allegations in Paragraph 35.
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`36.
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`Chegg admits in part and denies in part the allegations in Paragraph 36. Chegg
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`admits that some step-by-step solutions on Chegg Study incorporate certain language contained in
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`Pearson’s end-of-chapter questions and that some others paraphrase certain language contained in
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`end-of-chapter questions in Pearson textbooks. Answering further, Chegg states that in order to
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`teach students the concepts embodied in the end-of-chapter questions, some Chegg Study solutions
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`necessarily may refer to elements of those questions. Chegg denies that doing so constitutes any
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`infringement of Pearson’s copyright or protectable expression. Chegg denies the remaining
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`allegations in Paragraph 36.
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`-11-
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`37.
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`Chegg admits in part and denies in part the allegations in Paragraph 37. Chegg
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`admits that some of Pearson’s end-of-chapter questions include “fictitious fact patterns.” Chegg
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`admits that some step-by-step solutions on Chegg Study incorporate certain language contained in
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`Pearson’s end-of-chapter questions and that some others paraphrase certain language contained in
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`end-of-chapter questions in Pearson textbooks. Answering further, Chegg states that in order to
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`teach students the concepts embodied in the end-of-chapter questions, some Chegg Study solutions
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`necessarily may refer to elements of those questions. Chegg denies that doing so constitutes any
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`infringement of Pearson’s copyright or protectable expression. Chegg denies the remaining
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`allegations in Paragraph 37.
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`38.
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`Chegg admits that Pearson’s quotation of the Chegg Study solution for the indicated
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`question is accurate, but notes that the quotation is incomplete and misleading. The Complaint
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`uses ellipses to omit Chegg’s original work product from the quotation. Chegg Study goes on to
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`provide an original, step-by-step solution to the textbook question. Chegg denies the remaining
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`allegations in Paragraph 38.
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`39.
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`Chegg admits that Pearson’s quotation of the Chegg Study solution for the indicated
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`question is accurate, but notes that the quotation is incomplete and misleading. The Complaint
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`uses ellipses to omit Chegg’s original work product from the quotation. Chegg Study goes on to
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`provide an original, step-by-step solution to the textbook question. Chegg denies the remaining
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`allegations in Paragraph 39.
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`40.
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`Chegg admits that Pearson’s quotation of the Chegg Study solution for the indicated
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`question is accurate, but notes that the quotation is incomplete and misleading. The Complaint
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`uses ellipses to omit Chegg’s original work product from the quotation. Chegg Study goes on to
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`-12-
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`provide an original, step-by-step solution to the textbook question. Chegg denies the remaining
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`allegations in Paragraph 40.
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`41.
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`Chegg admits that Pearson’s quotation of the Chegg Study solution for the indicated
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`question is accurate, but notes that the quotation is incomplete and misleading. The Complaint
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`uses ellipses to omit Chegg’s original work product from the quotation. Chegg Study goes on to
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`provide an original, step-by-step solution to the textbook question. Chegg denies the remaining
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`allegations in Paragraph 41.
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`42.
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`Chegg admits that Pearson’s quotation of the Chegg Study solution for the indicated
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`question is accurate, but notes that the quotation is incomplete and misleading. The Complaint
`
`uses ellipses to omit Chegg’s original work product from the quotation. Chegg Study goes on to
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`provide an original, step-by-step solution to the textbook question. Chegg denies the remaining
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`allegations in Paragraph 42.
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`43.
`
`44.
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`Chegg denies the allegations in Paragraph 43.
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`Chegg denies Pearson’s characterization of videos available on Chegg Study as
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`“video answers,” but admits that Chegg has posted instructional videos on Chegg Study that teach
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`students, step-by-step, how to solve not only the end-of-chapter questions from the textbooks, but
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`also other questions of the same type. Chegg denies that such instructional videos infringe
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`Pearson’s copyrights in any respect. Chegg denies the remaining allegations in Paragraph 44.
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`45.
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`Chegg admits that Question 6 from Chapter 1 of CAMPBELL BIOLOGY includes the
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`indicated language. Chegg admits that a corresponding Chegg Study video repeated language
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`from the question. Answering further, Chegg states that such use of the question text in an
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`instructional video for the pedagogical purposes of teaching students the concepts embodied by
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`-13-
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`the question and assisting them to understand their homework constitutes a fair use and is not an
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`infringement of copyright. Chegg denies the remaining allegations in Paragraph 45.
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`46.
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`Chegg admits that the screenshot excerpted at Paragraph 46 was part of a video
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`available on Chegg Study and admits that it contains language from the indicated textbook
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`question. Answering further, Chegg states that such use of the question text in an instructional
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`video for the pedagogical purposes of teaching students the concepts embodied by the question
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`and assisting them to understand their homework constitutes a fair use and is not an infringement
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`of copyright. Chegg denies the remaining allegations in Paragraph 46.
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`47.
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`Chegg denies that for every solution on Chegg Study, the experts who prepared
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`solutions obtained or had in their possession copies of all of Pearson’s textbooks. Chegg answers
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`further that, in conjunction with the License Agreement, from 2016 through 2021, Pearson itself
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`provided copies of the questions in many Pearson textbooks to Chegg with the express
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`understanding that Chegg had already created or would create solutions to Pearson textbook
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`questions and display the text of those questions in conjunction with the solutions on Chegg Study.
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`48.
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`Chegg denies the allegations in Paragraph 48. Answering further, Chegg states that
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`the Chegg experts who prepare the original, step-by-step solutions to textbook questions that
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`appear on Chegg Study do not refer to or rely on the textbooks, rather than simply the problems to
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`which they provide solutions, and the guidelines Chegg provides to those experts require all work
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`done by them to be original.
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`49.
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`Chegg states that the allegations in Paragraph 49 are legal conclusions to which no
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`response is required, but to the extent a response may be deemed required, Chegg denies the
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`allegations in Paragraph 49.
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`50.
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`Chegg denies the allegations in Paragraph 50.
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`-14-
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`

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`Case 2:21-cv-16866-EP-ESK Document 26 Filed 11/19/21 Page 15 of 26 PageID: 192
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`51.
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`Chegg states that the allegations in Paragraph 51 are legal conclusions to which no
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`response is required, but to the extent a response may be deemed required, Chegg denies the
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`allegations in Paragraph 51.
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`52.
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`Chegg states that the allegations in Paragraph 52 are legal conclusions to which no
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`response is required, but to the extent a response may be deemed required, Chegg denies those
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`allegations. Answering further, Chegg states that, contrary to the Complaint’s allegation that
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`Chegg was not authorized to use end-of chapter questions, the parties’ License Agreement
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`provided exactly that: from no later than April 26, 2016 until at least May 31, 2021, Pearson
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`expressly authorized Chegg to display the text of Pearson end-of-chapter questions in conjunction
`
`with Chegg’s original, step-by-step solutions. Before that time period, Chegg had also provided
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`solutions for at least five years, without complaint or a license. And following termination of the
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`License Agreement, the agreement also still permits Chegg to continue to display question text
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`along with Chegg’s solutions on Chegg Study to any Chegg Study subscriber whose membership
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`predates May 31, 2021.
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`53.
`
`Chegg denies the allegations in Paragraph 53.
`
`DEFENDANT’S RESPONSE TO PLAINTIFF’S FIRST CLAIM FOR RELIEF
`Direct Copyright Infringement—17 U.S.C. § 106(1)
`Unauthorized Reproduction
`
`54.
`
`Chegg incorporates and restates its answers to Paragraphs 1 through 53 as if fully
`
`set forth herein.
`
`55.
`
`Chegg states that the allegations in Paragraph 55 are legal conclusions to which no
`
`response is required, but to the extent a response may be deemed required, Chegg states that it
`
`lacks knowledge or information sufficient to form a belief as to the truth of the allegations in
`
`Paragraph 55.
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`-15-
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`Case 2:21-cv-16866-EP-ESK Document 26 Filed 11/19/21 Page 16 of 26 PageID: 193
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`56.
`
`Chegg denies the allegations in Paragraph 56. Answering further, Chegg states that
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`Pearson expressly authorized Chegg under the License Agreement to display Pearson end-of-
`
`chapter questions on Chegg Study from no later than April 26, 2016 until at least May 31, 2021,
`
`and that agreement permits Chegg to continue to display those questions to legacy subscribers (i.e.,
`
`those with a subscription prior to termination) following the termination of the license.
`
`57.
`
`Chegg states that the allegations in Paragraph 57 are legal conclusions to which no
`
`response is required, but to the extent a response may be deemed required, Chegg denies those
`
`allegations. Answering further, Chegg states that Pearson expressly authorized Chegg under the
`
`License Agreement to display Pearson end-of-chapter questions on Chegg Study from no later than
`
`April 26, 2016 until at least May 31, 2021, and that agreement permits Chegg to continue to display
`
`those questions to legacy subscribers following the termination of the license.
`
`58.
`
`59.
`
`Chegg denies the allegations in Paragraph 58.
`
`Chegg denies the allegations in Paragraph 59.
`
`DEFENDANT’S RESPONSE TO PLAINTIFF’S SECOND CLAIM FOR RELIEF
`Direct Copyright Infringement—17 U.S.C. § 106(2)
`Unauthorized Derivative Work
`
`60.
`
`Chegg incorporates and restates its answers to Paragraphs 1 through 53 as if fully
`
`set forth herein.
`
`61.
`
`Chegg states that the allegations in Paragraph 61 are legal conclusions to which no
`
`response is required, but to the extent a response may be deemed required, Chegg states that it
`
`lacks knowledge or information sufficient to form a belief as to the truth of the allegations in
`
`Paragraph 61.
`
`62.
`
`Chegg states that the allegations in Paragraph 62 are legal conclusions to which no
`
`response is required, but to the extent a response may be deemed required, Chegg denies the
`
`allegations in Paragraph 62.
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`-16-
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`Case 2:21-cv-16866-EP-ESK Document 26 Filed 11/19/21 Page 17 of 26 PageID: 194
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`63.
`
`Chegg states that the allegations in Paragraph 63 are legal conclusions to which no
`
`response is required, but to the extent a response may be deemed required, Chegg denies the
`
`allegations in Paragraph 63.
`
`64.
`
`65.
`
`Chegg denies the allegations in Paragraph 64.
`
`Chegg denies the allegations in Paragraph 65.
`
`DEFENDANT’S RESPONSE TO PLAINTIFF’S THIRD CLAIM FOR RELIEF
`Direct Copyright Infringement—17 U.S.C. § 106(3)
`Unauthorized Distribution
`
`66.
`
`Chegg incorporates and restates its answers to Paragraphs 1 through 53 as if fully
`
`set forth herein.
`