Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 1 of 64 PageID #: 638
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`SOLOCRON MEDIA, LLC,
`
`
`Plaintiff,
`
`v.
`
`Case No. 2:13-cv-1059-JRG
`
`
`
`
`
`[JURY TRIAL DEMANDED]
`
`
`
`
`
`
`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.,
`
`
`Defendants.
`
`
`
`
`
`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
`
`Defendants Verizon Communications Inc. (“VCI”) and Cellco Partnership d/b/a Verizon
`
`Wireless (“Verizon Wireless”) (collectively, “Verizon”) hereby submit their Answer and
`
`Affirmative Defenses and Verizon Wireless’s Counterclaims to Plaintiff Solocron Media, LLC’s
`
`(“Solocron”) First Amended Complaint:
`
`THE NATURE OF THE ACTION1
`
`1.
`
`Paragraph 1 contains conclusions of law and not averments of fact to which an
`
`answer is required, but insofar as an answer may be deemed required, Verizon admits only that
`
`the Amended Complaint purports to assert claims for patent infringement. Verizon specifically
`
`denies that it has committed or continues to commit any wrongful acts, including direct or
`
`
`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.
`
`
`
`
`
`1
`
`Page 2024-001
`
`Solocron Ex. 2024 - Verizon Wireless, AT&T Mobility - IPR2015-00390
`
`

`

`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 2 of 64 PageID #: 639
`
`indirect infringement of any valid, enforceable claim of any of the Patents-in-Suit. Verizon
`
`denies all remaining allegations contained in paragraph 1 to the extent they relate to Verizon.
`
`Verizon lacks information sufficient to form a belief as to the truth of the allegations in
`
`paragraph 1 as to the other named defendants and therefore denies same.
`
`2.
`
`Paragraph 2 contains conclusions of law and not averments of fact to which an
`
`answer is required, but insofar as an answer may be deemed required, Verizon lacks information
`
`sufficient to form a belief as to the truth of the allegations contained in paragraph 2 and therefore
`
`denies same.
`
`3.
`
`Paragraph 3 contains conclusions of law and not averments of fact to which an
`
`answer is required, but insofar as an answer may be deemed required, Verizon specifically denies
`
`that it has committed or continues to commit any wrongful acts, including direct or indirect
`
`infringement of any valid, enforceable claim of any of the Patents-in-Suit. Verizon denies that
`
`Solocron is or has been damaged and/or is entitled to injunctive relief. Verizon denies that
`
`Solocron is entitled to the requested relief or any other relief. Verizon denies all remaining
`
`allegations contained in paragraph 3 to the extent they relate to Verizon. Verizon lacks
`
`information sufficient to form a belief as to the truth of the allegations in paragraph 3 as to the
`
`other named defendants and therefore denies same.
`
`4.
`
`Paragraph 4 contains conclusions of law and not averments of fact to which an
`
`answer is required, but insofar as an answer may be deemed required, Verizon denies that
`
`Solocron is entitled to the request relief or any relief. Verizon denies all remaining allegations
`
`contained in paragraph 4.
`
`THE PARTIES
`
`5.
`
`Verizon lacks information sufficient to form a belief as to the truth of the
`
`
`
`2
`
`Page 2024-002
`
`

`

`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 3 of 64 PageID #: 640
`
`allegations contained in paragraph 5 and therefore denies same.
`
`6.
`
`Verizon admits that VCI is a Delaware corporation with a principal place of
`
`business at 140 West Street, New York, New York. Verizon admits that VCI may be served
`
`through its agent, The Corporation Trust Company, at Corporation Trust Center, 1209 Orange
`
`Street, Wilmington, Delaware 19801. Verizon denies that VCI is doing business in the Eastern
`
`District of Texas. Verizon denies all remaining allegations contained in paragraph 6.
`
`7.
`
`Verizon admits Verizon Wireless is a general partnership organized and existing
`
`under the laws of the State of Delaware and that it has a principal place of business in Basking
`
`Ridge, New Jersey. Verizon admits that Verizon Wireless may be served through its agent, The
`
`Corporation Trust Company, at Corporation Trust Center, 1209 Orange Street, Wilmington,
`
`Delaware 19801. Verizon admits that Verizon Wireless provides wireless service around the
`
`country, including in the Eastern District of Texas. Verizon denies all remaining allegations
`
`contained in paragraph 7.
`
`8.
`
`Verizon lacks information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 8 and therefore denies same.
`
`9.
`
`Verizon lacks information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 9 and therefore denies same.
`
`10.
`
`Verizon lacks information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 10 and therefore denies same.
`
`11.
`
`Verizon lacks information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 11 and therefore denies same.
`
`12.
`
`Verizon lacks information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 12 and therefore denies same.
`
`
`
`3
`
`Page 2024-003
`
`

`

`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 4 of 64 PageID #: 641
`
`13.
`
`Verizon lacks information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 13 and therefore denies same.
`
`JURISDICTION AND VENUE
`
`14.
`
`Paragraph 14 contains conclusions of law and not averments of fact to which an
`
`answer is required, but insofar as an answer may be deemed required, Verizon admits that this
`
`action purports to arise under the Patent Laws of the United States, Title 35, United States Code.
`
`15.
`
`Paragraph 15 contains conclusions of law and not averments of fact to which an
`
`answer is required, but insofar as an answer may be deemed required, Verizon Wireless admits
`
`that this Court has jurisdiction over the subject matter based upon the Patent Laws of the United
`
`States, Title 35, United States Code, and by Title 28, United States Code, § 1331 and § 1338(a).
`
`16.
`
`Paragraph 16 contains conclusions of law and not averments of fact to which an
`
`answer is required, but insofar as an answer may be deemed required, Verizon lacks information
`
`sufficient to form a belief as to the truth of the allegations contained in paragraph 16 and
`
`therefore denies same.
`
`17.
`
`Paragraph 17 contains conclusions of law and not averments of fact to which an
`
`answer is required, but insofar as an answer may be deemed required, Verizon admits only that
`
`VCI is the parent corporation of Verizon Wireless. Verizon specifically denies that VCI
`
`conducts substantial business in Texas, maintains retail stores, or offers to sell products or
`
`services in Texas. Verizon specifically denies that it has committed or continues to commit any
`
`wrongful acts, including direct or indirect infringement of any valid, enforceable claim of any of
`
`the Patents-in-Suit. Verizon denies all remaining allegations contained in paragraph 17.
`
`18.
`
`Paragraph 18 contains conclusions of law and not averments of fact to which an
`
`answer is required, but insofar as an answer may be deemed required, Verizon admits that
`
`
`
`4
`
`Page 2024-004
`
`

`

`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 62 of 64 PageID #: 699
`
`COUNTERCLAIM COUNT XIV
`(Non-infringement of U.S. Patent No. 8,594,651)
`
`Verizon Wireless realleges and incorporates by reference the allegations in
`
`58.
`
`paragraphs 1-57 above.
`
`59.
`
`60.
`
`Solocron has asserted that Verizon Wireless infringes the ‘651 patent.
`
`An actual controversy exists between Solocron and Verizon Wireless regarding
`
`infringement of the ‘651 patent.
`
`61.
`
`Verizon Wireless has not infringed and does not infringe any valid, enforceable
`
`claim of the ‘651 patent literally, directly, jointly, contributorily, by way of inducement, and/or
`
`under the doctrine of equivalents.
`
`JURY DEMAND
`
`In accordance with FED. R. CIV. P. 38(b), Verizon Wireless demands a trial by jury on all
`
`issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Verizon prays that this Court enter judgment:
`
`A.
`
`dismissing the First Amended Complaint with prejudice and denying each and
`
`every prayer for relief contained therein;
`
`B.
`
`declaring that none of the claims of the Patents-in-Suit are directly, jointly, or
`
`indirectly infringed by the use, sale or offer for sale of any of Verizon’s services or products or
`
`any other activity attributable to Verizon, either literally or under the doctrine of equivalents;
`
`C.
`
`D.
`
`declaring that the claims of the Patents-in-Suit patent are invalid;
`
`declaring that this case is “exceptional” within the meaning of 35 U.S.C. § 285,
`
`and that all costs and expenses of this action, including reasonable attorneys’ fees, be awarded to
`
`Verizon;
`
`
`
`62
`
`Page 2024-005
`
`

`

`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 63 of 64 PageID #: 700
`
`declaring that Solocron is not entitled to any injunctive relief against Verizon; and
`
`granting Verizon such further relief as this Court may deem necessary, just or
`
`E.
`
`F.
`
`proper.
`
`Respectfully submitted,
`Dated: February 10, 2014
`
`/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
`
`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
`
`Attorneys for Defendants Verizon Communications
`Inc. and Cellco Partnership d/b/a Verizon
`Wireless
`
`
`
`63
`
`Page 2024-006
`
`

`

`Case 2:13-cv-01059-JRG-RSP Document 35 Filed 02/10/14 Page 64 of 64 PageID #: 701
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that all counsel of record who have consented to electronic service are
`
`being served with a copy of this document via the Court’s EM/ECF system per Local Rule CV-
`
`5(a)(3) on this 10th day of February, 2014.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/Michael E. Jones
`
`Michael Jones
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`64
`
`
`
`
`
`
`
`
`
`
`Page 2024-007
`
`