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`
`Case 2:12-cv-01549—JLR Document 29 Filed 03/01/13 Page 1 of 9
`
`The Honorable James L. Robart
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`ZILLOW, INC.,
`
`Case No. 2: 12-cv-01549-JLR
`
`vs.
`
`TRULIA, INC.,
`
`Plaintiff,
`'
`
`Defendant.
`
`
`
`DEFENDANT TRULIA, INC.’S
`ANSWER TO COMPLAINT FOR
`PATENT INFRINGEMENT AND
`COUNTERCLAIM
`
`DEMAND FOR JURY TRIAL
`
`Defendant Trulia, Inc. (“Trulia”) hereby answers Plaintiffs Zillow, Inc.’s (“Zillow”)
`
`Complaint for Patent Infringement (“Complaint”) on personal knowledge as to its own activities
`
`and on information and belief as to the activities of others, as follows:
`
`THE PARTIES
`' Trulia is without knowledge or information sufficient to form a belief as to the
`
`1.
`
`'
`
`truth of the allegations of paragraph 1 and, therefore, denies them.
`
`2.
`
`3.
`
`Trulia admits the allegations of paragraph 2.
`
`JURISDICTION AND VENUE
`
`Trulia admits the allegations of paragraph 3.
`
`I
`
`if
`
`4.
`Trulia admits that this Court has subject matter jurisdiction over patent law claims
`under 28 U.S.C.V §§ 1331 and 1338(a). Trulia denies the remaining allegations of paragraph 4.
`
`TRULIA’S ANSWER TO COMPLAINT
`AND COUNTERCLAIM - Page 1
`Case No. 2: 12-cv-01549-JLR
`
`
` Zillow Exhibit 2009
`Trulia, Inc. vs. Zillow, Inc.
`
`CBM2013—00056
`
`

`

`l—i
`
`\OooqoxLA"-t>wl\>
`
`Case 2:12-cv-01549—JLR Document 29 Filed 03/01/13 Page 1 of 9
`
`The Honorable James L. Robart
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`ZILLOW, INC.,
`
`Case No. 2: 12-cv-01 549-JLR
`
`Plaintiff,
`
`vs.
`
`TRULIA, 1NC.,
`
`
`
`Defendant.
`
`DEFENDANT TRULIA, INC.’S
`ANSWER TO COMPLAINT FOR
`PATENT INFRINGEMENT AND
`COUNTERCLAIM
`
`DEMAND FOR JURY TRIAL
`
`Defendant Trulia, Inc. (“Trulia”) hereby answers Plaintiffs Zillow, Inc.’s (“Zillow”)
`
`Complaint for Patent Infringement (“Complaint”) on personal knowledge as to its own activities
`
`and on information and belief as to the activities of others, as follows:
`
`THE PARTIES
`
`1.
`
`Trulia is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of paragraph 1 and, therefore, denies them.
`
`2.
`
`Trulia admits the allegations of paragraph 2.
`
`JURISDICTION AND VENUE
`
`Trulia admits the allegations of paragraph 3.
`
`Trulia admits that this Court has subject matter jurisdiction over patent law claims
`
`3.
`
`4.
`
`under 28 U.S.C. §§ 1331 and 1338(a). Trulia denies the remaining allegations of paragraph 4.
`
`TRULIA’ s ANSWER TO COMPLAINT
`AND COUNTERCLAIM ' Page 1
`Case No. 2:12-cv-01549-JLR
`
`WILSON SQNSINI COMM?“ & ROSA“
`701 Fifth Avenue, Suite 5100
`Seattle, Washington 98104-7036
`(206) 883-2500/Fax: (206)883-2699
`
`Tel:
`
`
`
`NNNN‘NNNNb—l.—i—dn—A\—|h-dHt——\p—nr—I
`
`
`
`
`
`

`

`Case 2:12—cv-01549-JLR Document 29 Filed 03/01/13 Page 2 of 9
`
`p—t
`
`\OOOxlc‘tUI-bwm'
`
`\)O\U!hW'NHO\O00\lO\U!hU)NF-‘CD
`
`5.
`
`Trulia does not contest personal jurisdiction in this district for the purpose of this
`
`action. Trulia denies the remaining allegations of paragraph 5.
`
`6.
`
`Trulia does not contest that venue is proper in the Western District of Washington
`
`for. the purpose of this aetion. Trulia denies the remaining allegations ofparagraph 6.
`
`*
`
`FACTUAL BACKGROUND
`
`7.
`
`Trulia is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of paragraph 7 and, therefore, denies them.
`
`8.
`Trulia is without knowledge or information sufficient to form a belief as to the
`truth ofthe allegations of paragraph 8 and, therefore, denies them.
`I
`
`9.
`
`Trulia admits that it runs a real estate information website at Trulia.com and
`
`offers mobile real estate applications for smartphones and tablet computers. Trulia also admits
`that on or around September 2011, it launched “Trulia Estimatesi’ in beta in the San Francisco
`
`Bay Area. Trulia denies the remaining allegations of paragraph 9.
`
`'
`
`10.
`
`Trulia admits that “Trulia Estimates” is one feature on its website. Trulia also
`
`admits that certain of the quotes included in paragraph 10 of Zillow’s Complaint are accurate
`
`quotes though out of context. Except as expressly admitted, Trulia denies the remaining
`
`allegations of paragraph 10.
`
`11.
`
`Trulia admits that certain of the quotes included in paragraph 11 of Zillow’s
`
`Complaint are accurate quotes though out of context. Except as expressly admitted, Trulia
`
`denies the remaining allegations of paragraph 11.
`
`12.
`
`Trulia admits that certain of the quotes included in paragraph 12 of Zillow’s
`
`Complaint are accurate quotes though out of context. Except as expressly admitted, Trulia
`denies the remaining allegations ofparagraph 12.
`I
`
`13.
`
`Trulia admits that certain of the quotes included in paragraph 13 of Zillow’s
`
`Complaint are accurate quotes though out of context. Except as expressly admitted, Trulia
`
`denies the remaining allegations of paragraph 13.
`
`/ / /
`
`TRULIA’ s ANSWER TO COMPLAINT
`AND COUNTERCLAIM - Page 2
`Case No. 2:12-cv-01549-JLR
`
`WILSON “PSI“ “00me 3‘ “05"“
`701 F fih A enue, Suite 5100
`Seattle, [Washington 98104-7036
`(206) 883-2500/Fax: (206)883-2699
`
`Tel:
`
`

`

`Case 2:12—cv-01549-JLR Document 29 Filed 03/01/13 Page 3 of 9
`
`\OOOQONUIAUJNp—n
`
`\]QfillAU3NF—‘C)\O00\lO\U]4>U3NH0
`
`l4.
`
`Trulia admits that certain of the quotes included in paragraph 14 of Zillow’s
`
`Complaint are accurate quotes though out of context. Except as expressly admitted, Trulia
`
`denies the remaining allegations of paragraph 14.
`15.
`Trulia admits that it filed a Form S-1 Registration Statement with the Securities
`
`and Exchange Commission on August 17, 2012. Trulia admits that certain of the quotes
`
`included in paragraph 15 of Zillow’s Complaint are accurate quotes though out of context.
`
`Trulia denies the remaining allegations of paragraph 15.
`
`16.‘
`
`Trulia denies the allegations of paragraph 16.
`
`ANSWER TO COUNT ONE
`INFRINGEMENT OF THE ’674 PATENT
`
`l7.
`
`Trulia admits that what appears to be a copy of US. Patent No. 7,970,674 B2
`
`(“the ’674 patent”) was attached to the Complaint as Exhibit A and that, on its face, the ’674
`patent is entitled “Automatically Determining A Current Value For A Real Estate Property, Such
`
`As A Home, That Is Tailored To Input From A Human User, Such As Its Owner” and issued on
`
`June 28, 2011. Trulia denies that the ’674 patent was duly and legally issued. Trulia is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
`
`of paragraph 17 and, therefore, denies them.
`
`18.
`
`Trulia is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of paragraph 18 and, therefore, denies them.
`
`'19.
`
`20.
`
`Trulia denies the allegations of paragraph 19.
`
`Trulia denies the allegations of paragraph 20.
`
`' 21.
`
`_
`
`‘Trulia denies the allegations ofparagraph 21..
`
`RESPONSE TO JURY DEMAND
`
`Zillow’s demand for a trial by jury for all issues triable to a jury does not state any
`
`allegation, and Trulia is not required to respond.
`
`/ / /
`
`/ / /
`
`TRULIA’S ANSWER TO COMPLAINT
`AND COUNTERCLAIM ' Page 3
`Case NO. 2:12-CV-01549-JLR
`
`WILSON SONS!“ 000W?“ & ROSA“
`701 F fih A
`, Suite 5100
`Seattle,washirigtléen 98104-7036
`(206) 883—2500 / Fax: (206) 883-2699
`
`Tel:
`
`

`

`Case 2:12-cv-01549-JLR Document 29 Filed 03/01/13 Page 4 of9
`
`p—a
`
`cmgmmaww
`
`\IO'\{I}kWN'—‘O\O00\I0\ChAU)NHO
`
`PRAYER FOR RELIEF
`
`Trulia denies any and all allegations contained in the remainder of the Complaint and
`
`denies that Zillow is entitled to any of the relief requested in paragraphs (a) through (h) of its
`
`prayer for relief or to any other relief in any form whatsoever against Trulia. Trulia further
`
`denies each and every allegation contained in the Complaint to which it has not specifically
`
`responded.
`
`. AFFIRMATIVE DEFENSES
`
`Subject to the above, Trulia alleges and asserts the following defenses in response to the
`
`allegations, undertaking the burden of proof only as to those defenses deemed affirmative
`
`defenses by law, regardless of how such defenses are denominated herein.
`
`In addition to the
`
`affirmative defenses described below, Trulia specifically reserves all rights to allege additional
`
`affirmative defenses that become known through the course of discovery.
`
`FIRST AFFIRMATIVE DEFENSE
`
`22.
`
`Zillow’s Complaint fails to state a claim upon which relief may be granted.
`
`SECOND AFFIRMATIVE DEFENSE
`
`23.
`
`Trulia has not infringed, directly or indirectly, literally or by equivalents, any
`
`valid claim of the ’674.patent.
`
`I
`
`THIRD AFFIRMATIVE DEFENSE
`
`24.
`
`The claims of the ’674 patent are invalid for failure to comply with one or more of
`
`the requirements of 35 U.S.C. §§ 101, 102, 103, and/or 112.
`
`FOURTH AFFIRMATIVE DEFENSE
`
`The accused feature, Trulia Estimates, has been publicly available. and Widely
`25.
`known since its launch on or about September 7, 2011. Zillow delayed more than‘a year in filing
`
`this action against Trulia, and Trulia has been prejudiced by this delay. Indeed, days after Trulia
`
`commenced the “roadshow” for its initial public offering to begin marketing its stock to
`
`investors, Zillow filed the subject complaint against Trulia.
`
`/ / /
`
`,
`TRULIA S ANSWER TO COMPLAINT
`AND COUNTERCLAIM ' Page 4
`Case No. 2:12-cv-01549-JLR
`
`.
`
`WILSON SONSINI Goonmcn & ROSATI
`701 mm Avenue, Suite 5100
`Seattle, Washington 98104-7036
`(206) 883-2500/Fax; (206) 883-2699
`
`Tel:
`
`

`

`Case 2:12—cv-01549—JLR Document 29 Filed 03/01/13 Page 5 of 9
`
`26.
`
`Zillow’s claims for relief against Trulia are barred, in whole or in part, by the
`
`equitable doctrines of laches, estoppel, and/or waiver.
`
`FIFTH AFFIRMATIVE DEFENSE
`
`27.
`
`By reason of proceedings in the United States Patent and Trademark Office, and
`
`by reasons of amendments, disclaimers, disavowals, admissions, representations, arguments,
`
`and/or statements made by the applicants or on their behalf, Zillow is estopped from construing
`
`the claims of the ’674 patent to cover and/or include any acts of Trulia.
`
`SIXTH AFFIRMATIVE DEFENSE
`
`28.
`
`Trulia is informed and believes, and thereon alleges, that Zillow may not claim
`
`pre-lawsuit damages, in whole or in part, for failure to comply with 35 U.S.C. § 287.
`
`SEVENTH AFFIRMATIVE DEFENSE
`
`29.
`
`Zillow has failed to state facts and/or a legal basis sufficient to permit the Court to
`
`grant equitable or injunctive relief against Trulia.
`
`EIGHT AFFIRMATIVE DEFENSE
`
`30.
`
`Zillow’s Complaint, and the cause of action asserted therein, is barred in whole or
`
`in part by the doctrine of unclean hands.
`
`RESERVATION OF ADDITIONAL AFFIRMATIVE DEFENSES
`
`31.
`Trulia reserves all defenses under the Federal Rules of Civil Procedure, the Patent
`Laws of the United States, and any other defenses, at law or in equity, that may now exist or in
`
`the future be available based on discovery and further factual investigation in this case.
`
`COUNTERCLAIM
`
`Defendant and Counterclaimant Trulia, Inc. (“Trulia”) hereby alleges for its counterclaim
`
`against Plaintiff and Counterdefendant Zillow, Inc. (“Zillow”), on personal knowledge as to its
`
`own activities and on information and belief as to the activities of others, as follows:
`
`/ / /
`
`/ / /
`
`/ / /
`
`h—l
`
`\]O\U!-PU)NHO\O00\IO\I)!-l>-U)‘NHO
`
`TRULIA’S ANSWER TO COMPLAINT
`AND COUNTERCLAIM ' Page 5
`Case No. 2:12-CV-01549-JLR
`
`'
`
`‘
`
`WILSON SONSINI Goomucn & ROSATI
`.
`,
`701FfihA
`,S t 5100
`Seattle, washirlgtbia 988-7036
`(206) 883-2500 / Fax: (206) 883-2699
`
`Tel:
`
`

`

`Case 2:12—cv-01549—JLR Document 29 Filed 03/01/13 Page 6 of_9
`
`THE PARTIES
`
`l.
`
`Counterclaimant Trulia is a corporation organized and existing under the laws of
`
`the State of Delaware, with its principal place of business at 116 Montgomery Street, #300,
`
`San Francisco, California 94105.
`
`2.
`
`On information and belief, Counterdefendant Zillow is a corporation duly
`
`organized under the laws of the State of Washington with its principal place of business at 1301
`
`Second Avenue, F100r 31, Seattle, Washington 98101.
`
`JURISDICTION AND VENUE
`
`The Court has jurisdiction over the subject matter of this action pursuant to
`3.
`28 U.S.C. §§ 1331 and 1338(a), as this action arises under the patent laws ofthe United States,
`
`and under the Federal. Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.
`I
`4.
`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391, as this is a judicial
`
`district in which a substantial portion of the events giving rise to the causes of action occurred.
`
`COUNTERCLAIM FOR DECLARATORY RELIEF
`
`REGARDING U.S. PATENT NO. 7,970,674 B2
`
`5.
`
`Trulia realleges and incorporates by reference" each allegation contained in
`
`paragraphs. 1-4 of this Counterclaim, inclusive, as if fully set forth herein.
`
`6.
`
`On or about June 28, 2011, U.S. Patent No. 7,970,674 B2 (“the ’674 patent”)
`
`entitled “Automatically Determining A Current Value For A Real Estate Property, Such As A
`
`Home, That Is Tailored To Input From A Human User, Such As Its Owner,” issued to named
`
`inventor David Cheng. The United States Patent and Trademark Office website indicates that
`the ’674 patent was assigned to Zillow.
`
`7.
`
`On or about September 12, 2012, Zillow filed its Complaint
`
`for Patent
`
`Infringement
`
`(“Complaint”) alleging infringement of the ’674 patent, naming Trulia as
`
`defendant.
`
`/ / /
`
`/ / /
`
`p—a
`
`\oooq-cxmawlw
`
`\)ONfill4;U)N1—KO\O00\1ONU14>U)N'—‘O
`
`TRULIA’S ANSWER TO COMPLAINT
`AND COUNTERCLAIM ' Page 6
`Case No. 2:12-cv-01549-JLR
`
`‘
`
`WILSON SONS!“ “OW?“ & ROSA"
`7011mm
`,3 t 5100
`Seattle, iii/”high; 910116044036
`(206) 883—2500/Fax: (206)883-2699
`
`Tel:
`
`

`

`Case 2:12—cv-01549-JLR Document 29 Filed 03/01/13 Page 7 of 9
`
`8.
`
`Trulia has not infringed, is not new infringing, has not contributorily infringed,
`
`and has not induced infringement, either directly or indirectly, literally or by equivalents, any'
`
`valid claim of the ’674 patent asserted in Zillow’s Complaint.
`
`9.
`
`The ’674 patent is invalid because it fails to comply with one or more of the
`
`requirements of 35 U.S.C. §§ 101, 102, 103, and/or 112, for example, for the reasons set forth in
`
`Trulia’s Motion to Dismiss Complaint for Patent Infringement. See Dkt. No. 19.
`
`10.
`
`Zillow denies some or all of the allegations in paragraphs 8 i and 9 of the
`
`Counterclaim above. A valid and justiciable controversy has therefore arisen and exists between
`Trulia and Zillow. Trulia desires a judicial determination and declaration of the parties’
`
`respective rights concerning the ’674 patent. Such a determination is necessary and appropriate
`
`at this time in order for the parties to ascertain their respective rights and duties regarding the
`validity and alleged infringement of the ’674 patent.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Trulia requests that the Court enter judgment in its favor and against
`
`Zillow on both'Zillow’s Complaint and Trulia’s Counterclaim as follows:
`I
`(a)
`‘ Dismissing Zillow’s claims for patent infringement with prejudice and
`
`(b)
`
`(c)
`
`(d)
`
`declaring that Zillow take nothing by way of its Complaint;
`Declaring that Trulia has not infringed, contributed to the infringement of,
`
`or induced others to infringe, either directly or indirectly, literally or by
`
`equivalents, any valid claim of the ’674 patent;
`
`Declaring that the claims of the ’674 patent are invalid;
`
`Ordering that Zillow,
`
`its agents, and all persons acting in concert or
`
`participation with Zillow, be enjoined from charging infringement of or
`
`instituting any further action for infringement of the ’674 patent against
`
`Trulia; _
`Awarding Trulia its costs incurred in this action, disbursements and
`
`(e)
`
`attorneys’ fees, to the extent permitted by law; and
`
`\OWQO‘iU‘I-hUJNt—a
`
`N'NNNNNNN~HHH‘HHHHHH\IQUIAW‘NHOW.OO\IO\MJ>WNHO
`
`TRULIA’ s ANSWER TO COMPLAINT
`AND COUNTERCLAIM - Page 7
`Case No.2:12-cv-01549-JLR
`
`'
`
`.
`
`WHO” 59““ 900W?“ 8‘ ROSA“
`701 Fifth Avenue, Suite 5100
`Seattle, Washington 98104-7036
`(206) 883-2500/Fax: (206) 883-2699
`
`- Tel:
`
`

`

`Case 2:12-cv-01549—JLR Document 29 Filed 03/01/13 Page 8 of '9
`
`'
`
`(I)
`
`Grantinglsuch other and further relief as this Court may deem just and
`
`proper.
`
`Dated: March 1, 2013
`
`ATTORNEYS FOR DEFENDANT AND
`COUNTERCLAIMANT TRULIA, INC.
`
`/s/ Stelani E. Shanberg
`By:
`Stefani E. Shanberg (admitted pro hac vice)
`Jennifer J. Schmidt (admitted pro hac vice)
`WILSON SONSINI GOODRICH & ROSATI
`
`Professional Corporation
`One Market Plaza
`
`Spear Tower, Suite 3300
`San Francisco, California 94105
`Telephone: (415) 947-2000
`Facsimile:
`(415) 947-2099
`E-Mail:
`sshanberg@wsgr.com
`jschmidt@wsgr.com
`
`Barry M. Kaplan (Wash. Bar No. 8661)
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`701 Fifth Avenue, Suite 5100
`Seattle, Washington 98104
`Telephone: (206) 883-2500
`Facsimile:
`(206) 883-269
`E-Mail:
`bkaplan@wsgr.com
`
`find
`
`
`
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`
`NNNNNNNNl—IHHHv—nn—ar—In—Iu—tr—I\)ON(Jr-PU3NHO\D00\1ON91kU.)NH0
`
`TRULIA’ S ANSWER TO COMPLAINT
`AND COUNTERCLAIM “ Page 8
`Case No. 2: 12-cv-01549-JLR
`
`‘
`
`'
`
`‘
`
`.
`
`.
`
`WILSON SoNSINI Goomuou & ROSATI
`701 F fth A
`e, Suite 5100
`Seattle, TVashIrIgtlon 98104-7036
`(206) 883-2500 / Fax: (206) 883-2699
`
`Tel:
`
`

`

`Case 2:12-cv-01549-JLR Document 29 Filed 03/01/13 Page 9 of 9
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on March 1, 2013, I electronically filed the foregoing with the Clerk
`
`of the Court using the CM/ECF system, which will send notification to counsel of record.
`
`/s/ Stetam' E. Shanberg
`Stefani E. Shanberg.
`
`.
`
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`
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`
`,
`TRULIA S ANSWER TO COMPLAINT
`AND COUNTERCLAIM ' Page 9
`Case No. 2:12-cv-01549-JLR
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fm Avenue, Suite 5100
`Seattle, Washington 98104-7036
`(206) 883-2500/Fax: (206) 883-2699
`
`Tel:
`
`