Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 1 of 64 PageID #: 638
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`SOLOCRON MEDIA, LLC,
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`Plaintiff,
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`v.
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`Case No. 2:13-cv-1059-JRG
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`[JURY TRIAL DEMANDED]
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`VERIZON COMMUNICATIONS INC., CELLCO
`PARTNERSHIP D/B/A VERIZON WIRELESS,
`AT&T INC., AT&T MOBILITY LLC, SPRINT
`CORPORATION, SPRINT COMMUNICATIONS
`COMPANY L.P., SPRINT SOLUTIONS INC., AND
`T-MOBILE USA, INC.,
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`Defendants.
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`DEFENDANTS VERIZON COMMUNICATIONS INC. AND CELLCO PARTNERSHIP
`D/B/A VERIZON WIRELESS’S ANSWER AND AFFIRMATIVE DEFENSES AND
`DEFENDANT CELLCO PARTNERSHIP’S COUNTERCLAIMS TO PLAINTIFF’S
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Defendants Verizon Communications Inc. (“VCI”) and Cellco Partnership d/b/a Verizon
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`Wireless (“Verizon Wireless”) (collectively, “Verizon”) hereby submit their Answer and
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`Affirmative Defenses and Verizon Wireless’s Counterclaims to Plaintiff Solocron Media, LLC’s
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`(“Solocron”) First Amended Complaint:
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`THE NATURE OF THE ACTION1
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`1.
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`Paragraph 1 contains conclusions of law and not averments of fact to which an
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`answer is required, but insofar as an answer may be deemed required, Verizon admits only that
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`the Amended Complaint purports to assert claims for patent infringement. Verizon specifically
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`denies that it has committed or continues to commit any wrongful acts, including direct or
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`1
`For ease of reference, Verizon incorporates the outline headings used in the Complaint. To the extent that
`such headings make factual allegations, Verizon does not adopt or admit such statements and instead denies them.
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`1
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`Page 2024-001
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`Solocron Ex. 2024 - Verizon Wireless, AT&T Mobility - IPR2015-00350
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`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 2 of 64 PageID #: 639
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`indirect infringement of any valid, enforceable claim of any of the Patents-in-Suit. Verizon
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`denies all remaining allegations contained in paragraph 1 to the extent they relate to Verizon.
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`Verizon lacks information sufficient to form a belief as to the truth of the allegations in
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`paragraph 1 as to the other named defendants and therefore denies same.
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`2.
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`Paragraph 2 contains conclusions of law and not averments of fact to which an
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`answer is required, but insofar as an answer may be deemed required, Verizon lacks information
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`sufficient to form a belief as to the truth of the allegations contained in paragraph 2 and therefore
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`denies same.
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`3.
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`Paragraph 3 contains conclusions of law and not averments of fact to which an
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`answer is required, but insofar as an answer may be deemed required, Verizon specifically denies
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`that it has committed or continues to commit any wrongful acts, including direct or indirect
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`infringement of any valid, enforceable claim of any of the Patents-in-Suit. Verizon denies that
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`Solocron is or has been damaged and/or is entitled to injunctive relief. Verizon denies that
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`Solocron is entitled to the requested relief or any other relief. Verizon denies all remaining
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`allegations contained in paragraph 3 to the extent they relate to Verizon. Verizon lacks
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`information sufficient to form a belief as to the truth of the allegations in paragraph 3 as to the
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`other named defendants and therefore denies same.
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`4.
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`Paragraph 4 contains conclusions of law and not averments of fact to which an
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`answer is required, but insofar as an answer may be deemed required, Verizon denies that
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`Solocron is entitled to the request relief or any relief. Verizon denies all remaining allegations
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`contained in paragraph 4.
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`THE PARTIES
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`5.
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`Verizon lacks information sufficient to form a belief as to the truth of the
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`2
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`Page 2024-002
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`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 3 of 64 PageID #: 640
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`allegations contained in paragraph 5 and therefore denies same.
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`6.
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`Verizon admits that VCI is a Delaware corporation with a principal place of
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`business at 140 West Street, New York, New York. Verizon admits that VCI may be served
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`through its agent, The Corporation Trust Company, at Corporation Trust Center, 1209 Orange
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`Street, Wilmington, Delaware 19801. Verizon denies that VCI is doing business in the Eastern
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`District of Texas. Verizon denies all remaining allegations contained in paragraph 6.
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`7.
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`Verizon admits Verizon Wireless is a general partnership organized and existing
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`under the laws of the State of Delaware and that it has a principal place of business in Basking
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`Ridge, New Jersey. Verizon admits that Verizon Wireless may be served through its agent, The
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`Corporation Trust Company, at Corporation Trust Center, 1209 Orange Street, Wilmington,
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`Delaware 19801. Verizon admits that Verizon Wireless provides wireless service around the
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`country, including in the Eastern District of Texas. Verizon denies all remaining allegations
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`contained in paragraph 7.
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`8.
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`Verizon lacks information sufficient to form a belief as to the truth of the
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`allegations contained in paragraph 8 and therefore denies same.
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`9.
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`Verizon lacks information sufficient to form a belief as to the truth of the
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`allegations contained in paragraph 9 and therefore denies same.
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`10.
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`Verizon lacks information sufficient to form a belief as to the truth of the
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`allegations contained in paragraph 10 and therefore denies same.
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`11.
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`Verizon lacks information sufficient to form a belief as to the truth of the
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`allegations contained in paragraph 11 and therefore denies same.
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`12.
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`Verizon lacks information sufficient to form a belief as to the truth of the
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`allegations contained in paragraph 12 and therefore denies same.
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`3
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`Page 2024-003
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`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 4 of 64 PageID #: 641
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`13.
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`Verizon lacks information sufficient to form a belief as to the truth of the
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`allegations contained in paragraph 13 and therefore denies same.
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`JURISDICTION AND VENUE
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`14.
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`Paragraph 14 contains conclusions of law and not averments of fact to which an
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`answer is required, but insofar as an answer may be deemed required, Verizon admits that this
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`action purports to arise under the Patent Laws of the United States, Title 35, United States Code.
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`15.
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`Paragraph 15 contains conclusions of law and not averments of fact to which an
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`answer is required, but insofar as an answer may be deemed required, Verizon Wireless admits
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`that this Court has jurisdiction over the subject matter based upon the Patent Laws of the United
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`States, Title 35, United States Code, and by Title 28, United States Code, § 1331 and § 1338(a).
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`16.
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`Paragraph 16 contains conclusions of law and not averments of fact to which an
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`answer is required, but insofar as an answer may be deemed required, Verizon lacks information
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`sufficient to form a belief as to the truth of the allegations contained in paragraph 16 and
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`therefore denies same.
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`17.
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`Paragraph 17 contains conclusions of law and not averments of fact to which an
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`answer is required, but insofar as an answer may be deemed required, Verizon admits only that
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`VCI is the parent corporation of Verizon Wireless. Verizon specifically denies that VCI
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`conducts substantial business in Texas, maintains retail stores, or offers to sell products or
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`services in Texas. Verizon specifically denies that it has committed or continues to commit any
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`wrongful acts, including direct or indirect infringement of any valid, enforceable claim of any of
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`the Patents-in-Suit. Verizon denies all remaining allegations contained in paragraph 17.
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`18.
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`Paragraph 18 contains conclusions of law and not averments of fact to which an
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`answer is required, but insofar as an answer may be deemed required, Verizon admits that
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`4
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`Page 2024-004
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`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 62 of 64 PageID #: 699
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`COUNTERCLAIM COUNT XIV
`(Non-infringement of U.S. Patent No. 8,594,651)
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`Verizon Wireless realleges and incorporates by reference the allegations in
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`58.
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`paragraphs 1-57 above.
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`59.
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`60.
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`Solocron has asserted that Verizon Wireless infringes the ‘651 patent.
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`An actual controversy exists between Solocron and Verizon Wireless regarding
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`infringement of the ‘651 patent.
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`61.
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`Verizon Wireless has not infringed and does not infringe any valid, enforceable
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`claim of the ‘651 patent literally, directly, jointly, contributorily, by way of inducement, and/or
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`under the doctrine of equivalents.
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`JURY DEMAND
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`In accordance with FED. R. CIV. P. 38(b), Verizon Wireless demands a trial by jury on all
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`issues so triable.
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`PRAYER FOR RELIEF
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`WHEREFORE, Verizon prays that this Court enter judgment:
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`A.
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`dismissing the First Amended Complaint with prejudice and denying each and
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`every prayer for relief contained therein;
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`B.
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`declaring that none of the claims of the Patents-in-Suit are directly, jointly, or
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`indirectly infringed by the use, sale or offer for sale of any of Verizon’s services or products or
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`any other activity attributable to Verizon, either literally or under the doctrine of equivalents;
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`C.
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`D.
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`declaring that the claims of the Patents-in-Suit patent are invalid;
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`declaring that this case is “exceptional” within the meaning of 35 U.S.C. § 285,
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`and that all costs and expenses of this action, including reasonable attorneys’ fees, be awarded to
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`Verizon;
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`62
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`Page 2024-005
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`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 63 of 64 PageID #: 700
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`declaring that Solocron is not entitled to any injunctive relief against Verizon; and
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`granting Verizon such further relief as this Court may deem necessary, just or
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`E.
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`F.
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`proper.
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`Respectfully submitted,
`Dated: February 10, 2014
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`/s/ Michael E. Jones
`Michael E. Jones
`State Bar No. 10929400
`mikejones@potterminton.com
`POTTER MINTON
`A Professional Corporation
`110 N. College, Suite 500
`Tyler, TX 75702
`Tel: (903) 597-8311
`Fax: (903) 593-0846
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`Kevin P. Anderson
`kanderson@wileyrein.com
`WILEY REIN LLP
`1776 K Street, NW
`Washington, D.C. 20006
`Tel: 202.719.7000
`Fax: 202.719.7049
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`Attorneys for Defendants Verizon Communications
`Inc. and Cellco Partnership d/b/a Verizon
`Wireless
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`63
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`Page 2024-006
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`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 64 of 64 PageID #: 701
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`CERTIFICATE OF SERVICE
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`I hereby certify that all counsel of record who have consented to electronic service are
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`being served with a copy of this document via the Court’s EM/ECF system per Local Rule CV-
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`5(a)(3) on this 10th day of February, 2014.
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` /s/Michael E. Jones
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`Michael Jones
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`Page 2024-007