Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 1 of 28 PageID #: 414
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 13-738-GMS
`
`JURY TRIAL DEMANDED
`
`))))))))))))))
`
`JOHN D’AGOSTINO,
`
`Plaintiff,
`
`v.
`
`MASTERCARD INC., MASTERCARD
`INTERNATIONAL INCORPORATED
`(d/b/a MASTERCARD WORLDWIDE),
`ORBISCOM LTD., ORBISCOM INC.,
`CITIGROUP INC., CITIBANK N.A., and
`DISCOVER FINANCIAL SERVICES,
`
`Defendants.
`
`MASTERCARD INC., MASTERCARD INTERNATIONAL INCORPORATED,
`ORBISCOM LTD., AND ORBISCOM INC.’S ANSWER TO THE AMENDED
`COMPLAINT AND MASTERCARD INTERNATIONAL INCORPORATED AND
`ORBISCOM INC.’S COUNTERCLAIM
`
`I.
`
`ANSWER
`
`Defendants MasterCard Inc., Mastercard International Incorporated, Orbiscom
`
`Ltd., and Orbiscom Inc. (collectively “MasterCard”), by and through their undersigned counsel,
`
`hereby present their Answer and Defendants Mastercard International Incorporated and
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`Orbiscom Inc. (collectively “Counterclaim Plaintiffs”), by and through their undersigned
`
`counsel, hereby present their Counterclaim to Plaintiff John D’Agostino’s (“D’Agostino’s”)
`
`Amended Complaint, dated and filed August 9, 2013 (the “Complaint”).
`
`Answering each of the corresponding numbered paragraphs of the Complaint,
`
`MasterCard answers and responds to the allegations therein, based on its current information and
`
`belief, as follows:
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`D'Agostino, Ex. 2002, p. 1
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 2 of 28 PageID #: 415
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`NATURE OF THE LAWSUIT
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`1.
`
`MasterCard admits that D’Agostino filed an action against MasterCard that
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`purports to state a cause of action for patent infringement. MasterCard denies that the Complaint
`
`states a valid cause of action against MasterCard. MasterCard denies the remaining allegations
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`set forth in paragraph 1 of the Complaint.
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`THE PARTIES
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`2.
`
`MasterCard lacks information or knowledge sufficient to form a belief as to the
`
`truth or falsity of the allegations of paragraph 2 of the Complaint, and therefore denies them.
`
`3.
`
`MasterCard admits that a purported copy of the ’988 patent is attached to the
`
`Complaint as Exhibit A, that the ‘988 patent bears on its face October 11, 2011 as its issue date,
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`that the ‘988 patent indicates on its face “System and Method for Performing Secure Credit Card
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`Transactions” as its title, that the ‘988 patent lists on its face John D’Agostino as the inventor,
`
`that a purported copy of the ’486 patent is attached to the Complaint as Exhibit B, that the ‘486
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`patent bears on its face November 23, 2010 as its issue date, that the ‘486 patent indicates on its
`
`face “System and Method for Performing Secure Credit Card Purchases” as its title, and that the
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`‘486 patent lists on its face John D’Agostino as the inventor. MasterCard currently lacks
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`information or knowledge sufficient to form a belief as to the truth or falsity of the remaining
`
`allegations of paragraph 3 of the Complaint, and therefore denies them.
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`4.
`
`MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 4 of the Complaint, and therefore denies them.
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`5.
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`MasterCard admits that MasterCard Inc. is a corporation organized under the laws
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`of the State of Delaware, maintains The Corporation Trust Company as its registered agent
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`located at Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, and is
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`- 2 -
`
`D'Agostino, Ex. 2002, p. 2
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 3 of 28 PageID #: 416
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`subject to personal jurisdiction in this District. MasterCard denies the remaining allegations set
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`forth in paragraph 5 of the Complaint.
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`6.
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`MasterCard admits that MasterCard International Incorporated is a corporation
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`organized under the laws of the State of Delaware, maintains The Corporation Trust Company as
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`its registered agent located at Corporation Trust Center, 1209 Orange Street, Wilmington,
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`Delaware 19801, and is subject to personal jurisdiction in this District. MasterCard denies the
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`remaining allegations set forth in paragraph 6 of the Complaint.
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`7.
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`MasterCard admits that MasterCard International Incorporated is a wholly owned
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`operating subsidiary of MasterCard Inc. and is doing business as “MasterCard Worldwide.”
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`MasterCard denies the remaining allegations set forth in paragraph 7 of the Complaint.
`
`8.
`
`9.
`
`Admitted.
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`MasterCard admits that Orbiscom Ltd. is a wholly owned subsidiary of
`
`MasterCard Inc. MasterCard denies the remaining allegations set forth in paragraph 9 of the
`
`Complaint.
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`10. MasterCard admits that Orbiscom Inc. is a corporation organized under the laws
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`of the State of Delaware, maintains The Corporation Trust Company as its registered agent
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`located at Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, and is
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`subject to personal jurisdiction in this District. MasterCard denies the remaining allegations set
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`forth in paragraph 10 of the Complaint.
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`11. MasterCard admits that Orbiscom Inc. is a wholly owned subsidiary of Orbiscom
`
`Ltd. and an indirect, wholly owned, subsidiary of MasterCard Inc. MasterCard denies the
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`remaining allegations set forth in paragraph 11 of the Complaint.
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`- 3 -
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`D'Agostino, Ex. 2002, p. 3
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 4 of 28 PageID #: 417
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`12. MasterCard states that the allegations set forth in paragraph 12 of the Complaint
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`do not require response. To the extent that a response is required, MasterCard denies the
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`allegations set forth in paragraph 12 of the Complaint.
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`13. MasterCard denies the allegations of paragraph 13 of the Complaint on the basis
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`that the phrases “the relevant functionality” and “accused services” are vague and undefined.
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`14. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 14 of the Complaint, and therefore denies them.
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`15. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 15 of the Complaint, and therefore denies them.
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`16. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 16 of the Complaint, and therefore denies them.
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`JURISDICTION AND VENUE
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`17. MasterCard admits that this Court has subject matter jurisdiction over
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`D’Agostino’s patent dispute with MasterCard. MasterCard denies the remaining allegations set
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`forth in paragraph 17 of the Complaint.
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`18. MasterCard denies the allegations of paragraph 18 of the Complaint on the basis
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`that MasterCard does not infringe, and has not at any time infringed, any valid and enforceable
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`claim of the Patents-in-Suit as properly construed, except that MasterCard admits that
`
`MasterCard Inc., Mastercard International Incorporated, and Orbiscom Inc. are subject to
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`personal jurisdiction in this district. MasterCard denies that Orbiscom Ltd. is subject to personal
`
`jurisdiction in this district. MasterCard lacks information or knowledge sufficient to form a
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`belief as to the truth of the allegations with respect to the other defendants, and therefore denies
`
`such allegations.
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`- 4 -
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`D'Agostino, Ex. 2002, p. 4
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 5 of 28 PageID #: 418
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`DEFENDANTS’ ACCUSED SERVICES
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`19. MasterCard admits that Mastercard International Incorporated markets and sells a
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`service known as “inControl.” MasterCard denies the remaining allegations set forth in
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`paragraph 19 of the Complaint.
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`20. MasterCard admits that Mastercard International Incorporated markets and sells a
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`service known as inControl to financial institutions in the United States. MasterCard denies the
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`remaining allegations set forth in paragraph 20 of the Complaint.
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`21. MasterCard admits that Orbiscom Ltd. and Orbiscom Inc. have marketed and sold
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`a service known as Controlled Payment Numbers. MasterCard further admits that Orbiscom Inc.
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`has marketed and sold the Controlled Payment Number service to financial institutions in the
`
`United States. MasterCard denies the remaining allegations set forth in paragraph 21 of the
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`Complaint.
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`22. MasterCard admits that the Controlled Payment Number service involved limits
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`on use of a payment account number. MasterCard denies the remaining allegations set forth in
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`paragraph 22 on the Complaint.
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`23. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 23 of the Complaint, and therefore denies them.
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`24. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 24 of the Complaint, and therefore denies them.
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`25. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 25 of the Complaint, and therefore denies them.
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`26. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 26 of the Complaint, and therefore denies them.
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`- 5 -
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`D'Agostino, Ex. 2002, p. 5
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 6 of 28 PageID #: 419
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`27. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 27 of the Complaint, and therefore denies them.
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`28. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 28 of the Complaint, and therefore denies them.
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`29. MasterCard admits that it has agreed to indemnify Citigroup and Discover against
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`some allegations of patent infringement based on their use of inControl and Controlled Payment
`
`Numbers services. MasterCard denies the remaining allegations set forth in paragraph 29 of the
`
`Complaint.
`
`30. MasterCard admits that it previously agreed to indemnify Citigroup and Discover.
`
`MasterCard denies the remaining allegations set forth in paragraph 30 of the Complaint.
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`NOTICE, KNOWLEDGE AND WILLFULNESS
`
`MASTERCARD
`
`31. MasterCard admits that MasterCard employees Colm Dobbyn, Garry Lyons and
`
`Ed McLaughlin received an email purportedly offering to license rights to United States Patent
`
`No. 7,840,486 and United States Patent Application Serial No. 12/902,399 on behalf of
`
`D’Agostino on or about March 10, 2011. MasterCard denies the remaining allegations set forth
`
`in paragraph 31 of the Complaint.
`
`32. MasterCard admits that MasterCard employees Colm Dobbyn, Garry Lyons and
`
`Ed McLaughlin received an email purportedly offering to license rights to United States Patent
`
`No. 7,840,486 and United States Patent Application Serial No. 12/902,399 on behalf of
`
`D’Agostino on or about March 10, 2011. MasterCard denies the remaining allegations set forth
`
`in paragraph 32 of the Complaint.
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`33. MasterCard admits that Colm Dobbyn was the Group Executive, Associate
`
`General Counsel and Head of Intellectual Property at MasterCard International Incorporated, or
`
`- 6 -
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`D'Agostino, Ex. 2002, p. 6
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 7 of 28 PageID #: 420
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`held a like position, on or about March 10, 2011. MasterCard denies the remaining allegations
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`set forth in paragraph 33 of the Complaint.
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`34. MasterCard admits that Garry Lyons was the Chief Innovation Officer at
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`MasterCard International Incorporated, or held a like position, on or about March 10, 2011.
`
`MasterCard denies the remaining allegations set forth in paragraph 34 of the Complaint
`
`35. MasterCard admits that Ed McLaughlin was the Chief Emerging Payments
`
`Officer at MasterCard International Incorporated, or held a like position, on or about March 10,
`
`2011. MasterCard denies the remaining allegations set forth in paragraph 35 of the Complaint.
`
`36. MasterCard admits that MasterCard employees Colm Dobbyn, Garry Lyons and
`
`Ed McLaughlin received an email purportedly offering to license rights to United States Patent
`
`No. 7,840,486 and United States Patent Application Serial No. 12/902,399 on behalf of
`
`D’Agostino on or about March 10, 2011. MasterCard denies the remaining allegations set forth
`
`in paragraph 36 of the Complaint.
`
`37. MasterCard states that the allegations set forth in paragraph 37 of the Complaint
`
`call for a legal conclusion and do not require response. To the extent that a response is required,
`
`MasterCard admits that MasterCard employees Colm Dobbyn, Garry Lyons and Ed McLaughlin
`
`received an email purportedly offering to license rights to United States Patent No. 7,840,486
`
`and United States Patent Application Serial No. 12/902,399 on behalf of D’Agostino on or about
`
`March 10, 2011. MasterCard denies the remaining allegations set forth in paragraph 37 of the
`
`Complaint.
`
`38. MasterCard admits that a purported copy of the ’988 patent is attached to the
`
`Complaint as Exhibit A, and that the ‘988 patent indicates on its face that US 2011/0071945 is a
`
`- 7 -
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`D'Agostino, Ex. 2002, p. 7
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 8 of 28 PageID #: 421
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`prior publication with March 24, 2011 as its publication date. MasterCard denies the remaining
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`allegations set forth in paragraph 38 of the Complaint.
`
`39. MasterCard states that the allegations set forth in paragraph 39 of the Complaint
`
`call for a legal conclusion and do not require response. Moreover, MasterCard currently lacks
`
`information or knowledge sufficient to form a belief as to the truth or falsity of the allegations of
`
`paragraph 42 of the Complaint. To the extent that a response is required, MasterCard therefore
`
`denies the allegations set forth in paragraph 39 of the Complaint.
`
`40.
`
`41.
`
`42.
`
`43.
`
`44.
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`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Denied.
`
`45. MasterCard currently lacks information or knowledge sufficient to form a belief
`
`as to the truth or falsity of the allegations of paragraph 45 of the Complaint.
`
`46. MasterCard refers to the file wrappers of United States Patent Nos. 7,136,835;
`
`7,433,845; 7,567,934; 7,571,142; 7,593,896; and 7,895,122 for their contents and denies the
`
`remaining allegations of paragraph 46 of the Complaint.
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`47. MasterCard admits that on or about April 11, 2012, MasterCard (through Charles
`
`F. Wieland of Buchanan Ingersoll & Rooney PC) spoke via telephone with an individual
`
`purporting to be a representative of D’Agostino, during which conversation MasterCard
`
`explained that the D’Agostino patents at issue at the time did not cover MasterCard’s activities
`
`and that they were nonetheless invalid, and that MasterCard intended to file (and eventually did
`
`file) a request to the U.S. Patent and Trademark Office to have the ‘988 Patent reexamined
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`- 8 -
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`D'Agostino, Ex. 2002, p. 8
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 9 of 28 PageID #: 422
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`(which examination is still pending), but that MasterCard would consider taking, in order to
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`resolve its dispute with D’Agostino amicably, a non-exclusive license for a low 5 digit number.
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`MasterCard currently lacks information or knowledge sufficient to form a belief as to the truth or
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`falsity of the remaining allegations of paragraph 47 of the Complaint, and therefore denies them
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`48. MasterCard admits that a Request for Ex Parte Reexamination of the ‘988 Patent
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`was filed on or about September 12, 2012, by Charles F. Wieland III, Esq. MasterCard denies
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`the remaining allegations set forth in paragraph 48 of the Complaint.
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`49. MasterCard admits that the Request for Ex Parte Reexamination stated at page 11:
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`“The IDS was filed March 21,2011, the day a non-final rejection issued and shortly before a
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`Notice of Allowance issued on April 29, 2011. Mr. D'Agostino did not explain the relevance of
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`any of the documents cited therein, point to any as particularly relevant, did not identify those
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`previously relied upon, nor did he point out that the claims of the '526 patent were cancelled in
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`light of prior art during reexamination over, among other patents, the Cohen patent relied upon
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`herein.” MasterCard denies the remaining allegations set forth in paragraph 49 of the Complaint.
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`50. MasterCard refers to the file wrapper of the ‘486 Patent for its contents and denies
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`the remaining allegations of paragraph 50 of the Complaint.
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`51. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 51 of the Complaint, and therefore denies them.
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`52. MasterCard admits that on or about December 6, 2012, the Patent Office entered
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`an Order Denying Request For Ex Parte Reexamination, which stated at page 2: “No substantial
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`new question of patentability affecting claims 1-38 of US Patent 8,036,988 is raised by the
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`present request for ex parte reexamination and the prior art cited therein for the reasons set forth
`
`below.” A Petition for Review of the Order Denying Request for Ex Parte Reexamination was
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`- 9 -
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`D'Agostino, Ex. 2002, p. 9
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 10 of 28 PageID #: 423
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`filed on or about January 7, 2013, by Charles F. Wieland III, Esq. The Patent Office granted the
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`Petition for Review of the Order Denying Request for Ex Parte Reexamination and granted the
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`Request For Ex Parte Reexamination in a Decision entered on or about June 7, 2013.
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`MasterCard denies the remaining allegations set forth in paragraph 52 of the Complaint.
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`53. MasterCard admits that a Petition for Review of the Order Denying Request for
`
`Ex Parte Reexamination was filed on or about January 7, 2013, by Charles F. Wieland III, Esq.
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`The Patent Office granted the Petition for Review of the Order Denying Request for Ex Parte
`
`Reexamination and granted the Request For Ex Parte Reexamination in a Decision entered on or
`
`about June 7, 2013. MasterCard denies the remaining allegations set forth in paragraph 53 of the
`
`Complaint.
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`54.
`
`Denied.
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`CITIGROUP
`
`55. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 55 of the Complaint, and therefore denies them.
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`56. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 56 of the Complaint, and therefore denies them.
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`57. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 57 of the Complaint, and therefore denies them.
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`58. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 58 of the Complaint, and therefore denies them.
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`59. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 59 of the Complaint, and therefore denies them.
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`60. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 60 of the Complaint, and therefore denies them.
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`- 10 -
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`D'Agostino, Ex. 2002, p. 10
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 11 of 28 PageID #: 424
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`DISCOVER
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`61. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 61 of the Complaint, and therefore denies them.
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`62. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 62 of the Complaint, and therefore denies them.
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`63. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 63 of the Complaint, and therefore denies them.
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`64. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 64 of the Complaint, and therefore denies them.
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`65. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 65 of the Complaint, and therefore denies them.
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`66. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 66 of the Complaint, and therefore denies them.
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`COUNT I – PATENT INFRINGEMENT
`UNITED STATES PATENT NO. 8,036,988
`
`67. MasterCard incorporates by reference and restates its answers to Paragraphs 1-66
`
`as though fully stated herein.
`
`CITIGROUP
`
`68.
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`Denied, as to any offerings supplied by MasterCard. MasterCard lacks
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`information or knowledge sufficient to form a belief as to the truth or falsity of the remaining
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`allegations of paragraph 68, and therefore denies them.
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`69. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 69 of the Complaint, and therefore denies them.
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`- 11 -
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`D'Agostino, Ex. 2002, p. 11
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 12 of 28 PageID #: 425
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`70. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 70 of the Complaint, and therefore denies them.
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`71. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 71 of the Complaint, and therefore denies them.
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`72. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 72 of the Complaint, and therefore denies them.
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`73. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 73 of the Complaint, and therefore denies them.
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`74. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 74 of the Complaint, and therefore denies them.
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`75. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 75 of the Complaint, and therefore denies them.
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`76. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 76 of the Complaint, and therefore denies them.
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`DISCOVER
`
`77.
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`Denied, as to any offerings supplied by MasterCard. MasterCard lacks
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`information or knowledge sufficient to form a belief as to the truth or falsity of the remaining
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`allegations of paragraph 83, and therefore denies them.
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`78. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 78 of the Complaint, and therefore denies them.
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`79. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 79 of the Complaint, and therefore denies them.
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`80. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 80 of the Complaint, and therefore denies them.
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`- 12 -
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`D'Agostino, Ex. 2002, p. 12
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 13 of 28 PageID #: 426
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`81. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 81 of the Complaint, and therefore denies them.
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`82. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 82 of the Complaint, and therefore denies them.
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`83. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 83 of the Complaint, and therefore denies them.
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`84. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 84 of the Complaint, and therefore denies them.
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`85. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 85 of the Complaint, and therefore denies them.
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`MASTERCARD
`
`86.
`
`87.
`
`88.
`
`89.
`
`Denied.
`
`Denied.
`
`Denied.
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`Denied, as to any offerings supplied by MasterCard. MasterCard lacks
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`information or knowledge sufficient to form a belief as to the truth or falsity of the remaining
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`allegations of paragraph 89, and therefore denies them.
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`90.
`
`91.
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`Denied.
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`Denied, as to any offerings supplied by MasterCard. MasterCard lacks
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`information or knowledge sufficient to form a belief as to the truth or falsity of the remaining
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`allegations of paragraph 91, and therefore denies them.
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`92.
`
`93.
`
`94.
`
`Denied.
`
`Denied.
`
`Denied.
`
`- 13 -
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`D'Agostino, Ex. 2002, p. 13
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 14 of 28 PageID #: 427
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`95.
`
`96.
`
`Denied.
`
`Denied.
`
`COUNT II – PATENT INFRINGEMENT
`UNITED STATES PATENT NO. 7,840,486
`
`97. MasterCard incorporates by reference and restates its answers to Paragraphs 1-66
`
`as though fully stated herein.
`
`98.
`
`Denied.
`
`CITIGROUP AND MASTERCARD
`
`99. MasterCard lacks information or knowledge sufficient to form a belief as to the
`
`truth or falsity of the allegations of paragraph 99 of the Complaint, and therefore denies them.
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`100. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 100 of the Complaint, and therefore denies them.
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`101. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 101 of the Complaint, and therefore denies them.
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`102. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 102 of the Complaint, and therefore denies them.
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`103. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 103 of the Complaint, and therefore denies them.
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`104. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 104 of the Complaint, and therefore denies them.
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`105. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 105 of the Complaint, and therefore denies them.
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`106. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 106 of the Complaint, and therefore denies them.
`
`- 14 -
`
`D'Agostino, Ex. 2002, p. 14
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 15 of 28 PageID #: 428
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`107. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 107 of the Complaint, and therefore denies them.
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`108. Denied.
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`109. Denied.
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`110. Denied.
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`111. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 111 of the Complaint, and therefore denies them.
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`112. Denied.
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`113. Denied.
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`114. Denied.
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`115. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 115 of the Complaint, and therefore denies them.
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`116. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 116 of the Complaint, and therefore denies them.
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`117. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 117 of the Complaint, and therefore denies them.
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`118. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 118 of the Complaint, and therefore denies them.
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`119. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 119 of the Complaint, and therefore denies them.
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`120. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 120 of the Complaint, and therefore denies them.
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`- 15 -
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`D'Agostino, Ex. 2002, p. 15
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 16 of 28 PageID #: 429
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`121. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 121 of the Complaint, and therefore denies them.
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`DISCOVER AND MASTERCARD
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`122. Denied.
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`123. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 123 of the Complaint, and therefore denies them.
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`124. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 124 of the Complaint, and therefore denies them.
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`125. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 125 of the Complaint, and therefore denies them.
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`126. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 126 of the Complaint, and therefore denies them.
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`127. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 127 of the Complaint, and therefore denies them.
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`128. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 128 of the Complaint, and therefore denies them.
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`129. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 129 of the Complaint, and therefore denies them.
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`130. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 130 of the Complaint, and therefore denies them.
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`131. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 131 of the Complaint, and therefore denies them.
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`132. Denied.
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`133. Denied.
`
`- 16 -
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`D'Agostino, Ex. 2002, p. 16
`
`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 17 of 28 PageID #: 430
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`134. Denied.
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`135. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 135 of the Complaint, and therefore denies them.
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`136. Denied.
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`137. Denied.
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`138. Denied.
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`139. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 139 of the Complaint, and therefore denies them.
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`140. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 140 of the Complaint, and therefore denies them.
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`141. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 141 of the Complaint, and therefore denies them.
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`142. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 142 of the Complaint, and therefore denies them.
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`143. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 143 of the Complaint, and therefore denies them.
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`144. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 144 of the Complaint, and therefore denies them.
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`145. MasterCard lacks information or knowledge sufficient to form a belief as to the
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`truth or falsity of the allegations of paragraph 145 of the Complaint, and therefore denies them.
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`D’AGOSTINO’S PRAYER FOR RELIEF
`
`MasterCard denies that D’Agostino is entitled to any of the relief sought in his
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`prayer for relief against MasterCard and requests that
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`the Court deny all such relief to
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`D’Agostino in its entirety and with prejudice and that D’Agostino take nothing.
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`- 17 -
`
`D'Agostino, Ex. 2002, p. 17
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`

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`Case 1:13-cv-00738-GMS Document 37 Filed 08/28/13 Page 18 of 28 PageID #: 431
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`DENIAL OF ANY REMAINING ALLEGATIONS
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`Unless expressly admitted herein, MasterCard denies any remaining allegations in
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`D’Agostino’s Complaint that are directed to MasterCard.
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`II.
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`OTHER DEFENSES
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`In further answering the Complaint, MasterCard pleads the following defenses, without
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`admitting, agreeing, or conceding that MasterCard bears the burden of proof or the burden of
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`persuasion on any such defense, whether i