throbber
Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 1 of 20 PageID #: 422
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
`
`
`ANDREA ELECTRONICS CORPORATION
`
`
`Plaintiff,
`
`
`
`
`
`
`v.
`
`LENOVO HOLDING COMPANY, INC., and
`LENOVO (UNITED STATES) INC.
`
`Defendants.
`
`
`
`
`
`§
`
`§
`
`§
`
`§
`§ Civil No. 2:14-cv-04489-KAM-SIL
`§
`
`§ JURY TRIAL DEMANDED
`§
`
`§
`§
`
`
`
`
`
`
`
`DEFENDANTS LENOVO HOLDING COMPANY, INC., AND LENOVO (UNITED
`STATES) INC.’S ANSWER AND COUNTERCLAIMS TO PLAINTIFF’S FIRST
`AMENDED COMPLAINT
`
`
`
`Defendants Lenovo Holding Company, Inc., and Lenovo (United States), Inc.
`
`(collectively, “Lenovo”) answer Plaintiff Andrea Electronics Corporation’s First Amended
`
`Complaint (D.I. 35) as follows. Any allegations or averments not specifically admitted herein
`
`are denied.
`
`NATURE OF ACTION
`
`1.
`
`Lenovo admits that paragraph 1 alleges that this is an action for infringement of one or
`
`more claims in U.S. Patent No. 5,825,898 (the “’898 patent”), U.S. Patent No. 6,049,607 (the
`
`“’607 patent”), U.S. Patent No. 6,363,345 (the “’345 patent”), and U.S. Patent No. 6,483,923
`
`(the “’923 patent”) (collectively, the “Asserted Patents”). Lenovo denies the remaining
`
`allegations of paragraph 1.
`
`2.
`
`Lenovo admits that paragraph 2 alleges that this is an action for direct infringement.
`
`Lenovo denies the remaining allegations of paragraph 2.
`
`
`
`1
`
`RTL345-1_1005-0001
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 2 of 20 PageID #: 423
`
`3.
`
`Lenovo admits that paragraph 3 alleges that this is also an action for indirect infringement
`
`of one or more methods claimed in the ’607, ’345, and ’923 Patents. Lenovo denies the
`
`remaining allegations of paragraph 3.
`
`THE PARTIES
`
`4.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 4 and therefore denies them.
`
`5.
`
`Lenovo admits that Lenovo Holding Company, Inc. (“Lenovo Holding”) is a Delaware
`
`corporation with offices in Morrisville, North Carolina. Lenovo admits that Lenovo Holding is a
`
`subsidiary of Lenovo Group Ltd. Lenovo denies the remaining allegations of paragraph 5.
`
`6.
`
`Lenovo admits that Lenovo (United States) Inc. (“Lenovo U.S.”) is a Delaware
`
`corporation with offices in Morrisville, North Carolina. Lenovo admits that Lenovo U.S. is a
`
`subsidiary of Lenovo Holding. Lenovo denies the remaining allegations of paragraph 6.
`
`JURISDICTION AND VENUE
`
`7.
`
`8.
`
`Lenovo admits that this Court has subject matter jurisdiction over patent claims.
`
`Lenovo does not contest that, for purposes of this case only, the Court has personal
`
`jurisdiction over Lenovo Holding and Lenovo U.S. Lenovo denies the remaining allegations in
`
`paragraph 8.
`
`9.
`
`Lenovo does not contest that venue is proper in this District as to Lenovo Holding and
`
`Lenovo U.S. in this case. Lenovo denies that this District is a convenient forum for this case.
`
`Lenovo denies the remaining allegations of paragraph 9.
`
`
`
`
`
`2
`
`RTL345-1_1005-0002
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 3 of 20 PageID #: 424
`
`BACKGROUND AND FACTS RELATED TO THIS ACTION
`
`10.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 10 and therefore denies them.
`
`11.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 11 and therefore denies them.
`
`12.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 12 and therefore denies them.
`
`13.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 13 and therefore denies them.
`
`14.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 14 and therefore denies them.
`
`15.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 15 and therefore denies them.
`
`16.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 16 and therefore denies them.
`
`17.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 17 and therefore denies them.
`
`18.
`
`Lenovo 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.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 19 and therefore denies them.
`
`
`
`3
`
`RTL345-1_1005-0003
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 4 of 20 PageID #: 425
`
`20.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 20 and therefore denies them.
`
`COUNT I
`
`(Infringement of the ’898 Patent)
`
`21.
`
`Lenovo incorporates its answers to the allegations of paragraphs 1-20 as though fully set
`
`forth herein.
`
`22.
`
`Lenovo admits that, on its face, the ’898 patent appears to be titled “System and Method
`
`for Adaptive Interference Cancelling,” and was issued on October 20, 1998. Lenovo is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
`
`of paragraph 22 and therefore denies them.
`
`23.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 23 and therefore denies them.
`
`24.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 24 and therefore denies them.
`
`25.
`
`Denied.
`
`26.
`
`Denied.
`
`COUNT II
`
`(Infringement of the ’607 Patent)
`
`27.
`
`Lenovo incorporates its answers to the allegations of paragraphs 1-26 as though fully set
`
`forth herein.
`
`
`
`4
`
`RTL345-1_1005-0004
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 5 of 20 PageID #: 426
`
`28.
`
`Lenovo admits that, on its face, the ’607 patent appears to be titled “Interference
`
`Canceling Method and Apparatus,” and was issued on April 11, 2000. Lenovo is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
`
`of paragraph 28 and therefore denies them.
`
`29.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 29 and therefore denies them.
`
`30.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 30 and therefore denies them.
`
`31.
`
`Denied.
`
`32.
`
`Denied.
`
`33.
`
`Lenovo admits that the original complaint in this action was filed on July 25, 2014.
`
`Lenovo denies the remaining allegations in paragraph 33.
`
`34.
`
`Denied.
`
`35.
`
`Denied.
`
`36.
`
`Denied.
`
`37.
`
`Denied.
`
`38.
`
`Denied.
`
`COUNT III
`
`(Infringement of the ’345 Patent)
`
`39.
`
`Lenovo incorporates its answers to the allegations of paragraphs 1-38 as though fully set
`
`forth herein.
`
`
`
`5
`
`RTL345-1_1005-0005
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 6 of 20 PageID #: 427
`
`40.
`
`Lenovo admits that, on its face, the ’345 patent appears to be titled “System, Method and
`
`Apparatus for Cancelling Noise,” and was issued on March 26, 2002. Lenovo is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
`
`of paragraph 40 and therefore denies them.
`
`41.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 41 and therefore denies them.
`
`42.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 42 and therefore denies them.
`
`43.
`
`Denied.
`
`44.
`
`Denied.
`
`45.
`
`Lenovo admits that the original complaint in this action was filed on July 25, 2014.
`
`Lenovo denies the remaining allegations in paragraph 45.
`
`46.
`
`Denied.
`
`47.
`
`Denied.
`
`48.
`
`Denied.
`
`49.
`
`Denied.
`
`50.
`
`Denied.
`
`COUNT IV
`
`(Infringement of the ’923 Patent)
`
`51.
`
`Lenovo incorporates its answers to the allegations of paragraphs 1-50 as though fully set
`
`forth herein.
`
`
`
`6
`
`RTL345-1_1005-0006
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 7 of 20 PageID #: 428
`
`52.
`
`Lenovo admits that, on its face, the ’923 patent appears to be titled “System and Method
`
`for Adaptive Interference Cancelling,” and was issued on November 19, 2002. Lenovo is
`
`without knowledge or information sufficient to form a belief as to the truth of the remaining
`
`allegations of paragraph 52 and therefore denies them.
`
`53.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 53 and therefore denies them.
`
`54.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 54 and therefore denies them.
`
`55.
`
`Denied.
`
`56.
`
`Denied.
`
`57.
`
`Lenovo admits that the original complaint in this action was filed on July 25, 2014.
`
`Lenovo denies the remaining allegations in paragraph 57.
`
`58.
`
`Denied.
`
`59.
`
`Denied.
`
`60.
`
`Denied.
`
`61.
`
`Denied.
`
`62.
`
`Denied.
`
`COUNT V
`
`(Notice of the Asserted Patents under 35 U.S.C. § 287)
`
`63.
`
`Lenovo incorporates its answers to the allegations of paragraphs 1-62 as though fully set
`
`forth herein.
`
`
`
`7
`
`RTL345-1_1005-0007
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 8 of 20 PageID #: 429
`
`64.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of
`
`the allegations of paragraph 64 and therefore denies them.
`
`65.
`
`Lenovo admits that the original complaint in this action was filed on July 25, 2014.
`
`Lenovo is without knowledge or information sufficient to form a belief as to the truth of the
`
`remaining allegations of paragraph 65 and therefore denies them.
`
`JURY DEMAND
`
`This paragraph sets forth Plaintiff’s request for a jury trial to which no response is required.
`
`PRAYER FOR RELIEF
`
`This paragraph, in subparts a. through e., sets forth a statement of the relief requested by Plaintiff
`
`to which no response is required. Lenovo denies that Plaintiff is entitled to any of the requested
`
`relief and denies all allegations.
`
`DEFENSES
`
`1.
`
`Subject to the responses above, Lenovo 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 defenses described below, subject to the responses above, Lenovo specifically
`
`reserves all rights to allege additional defenses that become known through the course of
`
`discovery.
`
`FIRST DEFENSE
`(Non-Infringement)
`
`
`
`8
`
`RTL345-1_1005-0008
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 9 of 20 PageID #: 430
`
`2.
`
`Lenovo does not infringe and has not infringed (not directly, indirectly, contributorily, by
`
`inducement, willfully, or otherwise) any valid, enforceable claim of the ’898 patent either
`
`literally or under the doctrine of equivalents.
`
`3.
`
`Lenovo does not infringe and has not infringed (not directly, indirectly, contributorily, by
`
`inducement, willfully, or otherwise) any valid, enforceable claim of the ’607 patent either
`
`literally or under the doctrine of equivalents.
`
`4.
`
`Lenovo does not infringe and has not infringed (not directly, indirectly, contributorily, by
`
`inducement, willfully, or otherwise) any valid, enforceable claim of the ’345 patent either
`
`literally or under the doctrine of equivalents.
`
`5.
`
`Lenovo does not infringe and has not infringed (not directly, indirectly, contributorily, by
`
`inducement, willfully, or otherwise) any valid, enforceable claim of the ’923 patent either
`
`literally or under the doctrine of equivalents.
`
`
`SECOND DEFENSE
`(Invalidity)
`
`6.
`
`The claims of the ’898 patent are invalid for failure to satisfy one or more of the
`
`requirements of 35 U.S.C. § 100 et seq., including sections 102, 103, and 112.
`
`7.
`
`The claims of the ’607 patent are invalid for failure to satisfy one or more of the
`
`requirements of 35 U.S.C. § 100 et seq., including sections 102, 103, and 112.
`
`8.
`
`The claims of the ’345 patent are invalid for failure to satisfy one or more of the
`
`requirements of 35 U.S.C. § 100 et seq., including sections 102, 103, and 112.
`
`9.
`
`The claims of the ’923 patent are invalid for failure to satisfy one or more of the
`
`requirements of 35 U.S.C. § 100 et seq., including sections 102, 103, and 112.
`
`
`
`9
`
`RTL345-1_1005-0009
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 10 of 20 PageID #: 431
`
`THIRD DEFENSE
`(Waiver, Laches, Limitations, Estoppel)
`
`10.
`
`The claims of the ’898 patent are unenforceable as asserted, in whole or in part, by the
`
`doctrines of waiver, laches, limitations, and/or estoppel.
`
`11.
`
`The claims of the ’607 patent are unenforceable as asserted, in whole or in part, by the
`
`doctrines of waiver, laches, limitations, and/or estoppel.
`
`12.
`
`The claims of the ’345 patent are unenforceable as asserted, in whole or in part, by the
`
`doctrines of waiver, laches, limitations, and/or estoppel.
`
`13.
`
`The claims of the ’923 patent are unenforceable as asserted, in whole or in part, by the
`
`doctrines of waiver, laches, limitations, and/or estoppel.
`
`FOURTH DEFENSE
`(No Entitlement to Injunctive Relief)
`
`14.
`
`Plaintiff cannot satisfy the requirements applicable to its request for injunctive relief and
`
`has an adequate remedy at law.
`
`FIFTH DEFENSE
`(Limitation on Damages)
`
`15.
`
`Plaintiff’s requested relief is barred or otherwise limited pursuant to 35 U.S.C. § 287.
`
`SIXTH DEFENSE
`(Limitation on Costs)
`
`16.
`
`Plaintiff’s requested relief is barred or otherwise limited pursuant to 35 U.S.C. § 288.
`
`SEVENTH DEFENSE
`(Failure to State a Claim)
`
`17.
`
`Plaintiff fails to state a claim upon which relief can be granted.
`
`
`
`10
`
`RTL345-1_1005-0010
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 11 of 20 PageID #: 432
`
`EIGHTH DEFENSE
`(Exhaustion)
`
`Plaintiff’s requested relief is barred or otherwise limited based on exhaustion, the “first
`
`
`18.
`
`sale” doctrine, and/or restrictions on double recovery.
`
`
`NINTH DEFENSE
`(Reservation of Rights)
`
`19.
`
`Lenovo has insufficient knowledge or information upon which to form a belief as to
`
`whether it may have as yet unstated separate and additional defenses available. Lenovo reserves
`
`the right to amend this Answer to add, delete, or modify defenses based upon legal theories
`
`which may or will be divulged through clarification of Plaintiff’s claims, through discovery, or
`
`through further legal analysis of Plaintiff’s claims and positions in this litigation.
`
`COUNTERCLAIMS
`
`1.
`
`Lenovo, for its Counterclaims against Plaintiff and upon information and belief, states as
`
`follows:
`
`THE PARTIES
`
`2.
`
`Defendant Lenovo Holding is a corporation organized and existing under the laws of the
`
`state of Delaware, with a principal place of business located at 1009 Think Place, Morrisville,
`
`North Carolina 27560.
`
`3.
`
`Defendant Lenovo U.S. is a corporation organized and existing under the laws of the state
`
`of Delaware, with a principal place of business located at 1009 Think Place, Morrisville, North
`
`Carolina 27560.
`
`
`
`11
`
`RTL345-1_1005-0011
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 12 of 20 PageID #: 433
`
`4.
`
`According to the First Amended Complaint, Plaintiff Andrea Electronics Corporation is a
`
`New York corporation with its principal place of business at 65 Orville Drive, Suite One,
`
`Bohemia, New York 11716. Plaintiff’s Answer of November 10, 2014 (D.I. 34) admitted the
`
`same.
`
`JURISDICTION AND VENUE
`
`5.
`
`Subject to Lenovo’s defenses and denials, Lenovo alleges that this Court has jurisdiction
`
`over the subject matter of these Counterclaims under, without limitation, 28 U.S.C. §§ 1331,
`
`1338(a), 2201, and 2202, and venue for these Counterclaims is proper in this District. Plaintiff’s
`
`Answer of November 10, 2014 (D.I. 34) admitted that jurisdiction and venue for Lenovo’s
`
`counterclaims are proper.
`
`6.
`
`This Court has personal jurisdiction over Plaintiff. Plaintiff’s Answer of November 10,
`
`2014 (D.I. 34) admitted the same.
`
`FACTUAL BACKGROUND
`
`7.
`
`In its Complaint, Plaintiff asserts that Lenovo has infringed U.S. Patent No. 5,825,898
`
`(the “’898 patent”), U.S. Patent No. 6,049,607 (the “’607 patent”), U.S. Patent No. 6,363,345
`
`(the “’345 patent”), and U.S. Patent No. 6,483,923 (the “’923 patent”) (collectively, the
`
`“Asserted Patents”)
`
`8.
`
`The Asserted Patents are invalid and/or have not been, and are not being, infringed by
`
`Lenovo, directly or indirectly.
`
`9.
`
`Consequently, there is an actual case or controversy between the parties over the non-
`
`infringement, invalidity, and/or unenforceability of the Asserted Patents. Plaintiff’s Answer of
`
`November 10, 2014 (D.I. 34) admitted that an actual case or controversy exists.
`
`
`
`12
`
`RTL345-1_1005-0012
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 13 of 20 PageID #: 434
`
`COUNT ONE
`(Declaratory Judgment of Non-infringement of U.S. Patent No. 5,825,898)
`
`10.
`
`Lenovo restates and incorporates by reference its allegations in paragraphs 1 through 9 of
`
`the Counterclaims.
`
`11. An actual case or controversy exists between Lenovo and Plaintiff as to whether the ’898
`
`patent is not infringed by Lenovo.
`
`12. A judicial declaration is necessary and appropriate so that Lenovo may ascertain its rights
`
`regarding the ’898 patent.
`
`13.
`
`Lenovo has not infringed and does not infringe, directly or indirectly, by inducement or
`
`by contribution, any valid and enforceable claim of the ’898 patent, either literally or under the
`
`doctrine of equivalents.
`
`14.
`
`This is an exceptional case under 35 U.S.C. § 285 including without limitation because
`
`Plaintiff filed its Complaint and First Amended Complaint with knowledge of the facts stated in
`
`this Counterclaim.
`
`COUNT TWO
`(Declaratory Judgment of Invalidity of U.S. Patent No. 5,825,898)
`
`15.
`
`Lenovo restates and incorporates by reference its allegations in paragraphs 1 through 14
`
`of the Counterclaims.
`
`16. An actual case or controversy exists between Lenovo and Plaintiff as to whether the ’898
`
`patent is invalid.
`
`17. A judicial declaration is necessary and appropriate so that Lenovo may ascertain its rights
`
`as to whether the ’898 patent is invalid.
`
`
`
`13
`
`RTL345-1_1005-0013
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 14 of 20 PageID #: 435
`
`18.
`
`The ’898 patent is invalid for failure to meet the conditions of patentability and/or
`
`otherwise comply with one or more requirements of 35 U.S.C. §§ 100 et seq., including sections
`
`102, 103, and 112.
`
`19.
`
`This is an exceptional case under 35 U.S.C. § 285 including without limitation because
`
`Plaintiff filed its Complaint and First Amended Complaint with knowledge of the facts stated in
`
`this Counterclaim.
`
`COUNT THREE
`(Declaratory Judgment of Non-infringement of U.S. Patent No. 6,049,607)
`
`20.
`
`Lenovo restates and incorporates by reference its allegations in paragraphs 1 through 19
`
`of the Counterclaims.
`
`21. An actual case or controversy exists between Lenovo and Plaintiff as to whether the ’607
`
`patent is not infringed by Lenovo.
`
`22. A judicial declaration is necessary and appropriate so that Lenovo may ascertain its rights
`
`regarding the ’607 patent.
`
`23.
`
`Lenovo has not infringed and does not infringe, directly or indirectly, by inducement or
`
`by contribution, any valid and enforceable claim of the ’607 patent, either literally or under the
`
`doctrine of equivalents.
`
`24.
`
`This is an exceptional case under 35 U.S.C. § 285 including without limitation because
`
`Plaintiff filed its Complaint and First Amended Complaint with knowledge of the facts stated in
`
`this Counterclaim.
`
`COUNT FOUR
`(Declaratory Judgment of Invalidity of U.S. Patent No. 6,049,607)
`
`
`
`14
`
`RTL345-1_1005-0014
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 15 of 20 PageID #: 436
`
`25.
`
`Lenovo restates and incorporates by reference its allegations in paragraphs 1 through 24
`
`of the Counterclaims.
`
`26. An actual case or controversy exists between Lenovo and Plaintiff as to whether the ’607
`
`patent is invalid.
`
`27. A judicial declaration is necessary and appropriate so that Lenovo may ascertain its rights
`
`as to whether the ’607 patent is invalid.
`
`28.
`
`The ’607 patent is invalid for failure to meet the conditions of patentability and/or
`
`otherwise comply with one or more requirements of 35 U.S.C. §§ 100 et seq., including sections
`
`102, 103, and 112.
`
`29.
`
`This is an exceptional case under 35 U.S.C. § 285 including without limitation because
`
`Plaintiff filed its Complaint and First Amended Complaint with knowledge of the facts stated in
`
`this Counterclaim.
`
`COUNT FIVE
`(Declaratory Judgment of Non-infringement of U.S. Patent No. 6,363,345)
`
`30.
`
`Lenovo restates and incorporates by reference its allegations in paragraphs 1 through 29
`
`of the Counterclaims.
`
`31. An actual case or controversy exists between Lenovo and Plaintiff as to whether the ’345
`
`patent is not infringed by Lenovo.
`
`32. A judicial declaration is necessary and appropriate so that Lenovo may ascertain its rights
`
`regarding the ’345 patent.
`
`
`
`15
`
`RTL345-1_1005-0015
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 16 of 20 PageID #: 437
`
`33.
`
`Lenovo has not infringed and does not infringe, directly or indirectly, by inducement or
`
`by contribution, any valid and enforceable claim of the ’345 patent, either literally or under the
`
`doctrine of equivalents.
`
`34.
`
`This is an exceptional case under 35 U.S.C. § 285 including without limitation because
`
`Plaintiff filed its Complaint and First Amended Complaint with knowledge of the facts stated in
`
`this Counterclaim.
`
`COUNT SIX
`(Declaratory Judgment of Invalidity of U.S. Patent No. 6,363,345)
`
`35.
`
`Lenovo restates and incorporates by reference its allegations in paragraphs 1 through 34
`
`of the Counterclaims.
`
`36. An actual case or controversy exists between Lenovo and Plaintiff as to whether the ’345
`
`patent is invalid.
`
`37. A judicial declaration is necessary and appropriate so that Lenovo may ascertain its rights
`
`as to whether the ’345 patent is invalid.
`
`38.
`
`The ’345 patent is invalid for failure to meet the conditions of patentability and/or
`
`otherwise comply with one or more requirements of 35 U.S.C. §§ 100 et seq., including sections
`
`102, 103, and 112.
`
`39.
`
`This is an exceptional case under 35 U.S.C. § 285 including without limitation because
`
`Plaintiff filed its Complaint and First Amended Complaint with knowledge of the facts stated in
`
`this Counterclaim.
`
`COUNT SEVEN
`(Declaratory Judgment of Non-infringement of U.S. Patent No. 6,483,923)
`
`
`
`16
`
`RTL345-1_1005-0016
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 17 of 20 PageID #: 438
`
`40.
`
`Lenovo restates and incorporates by reference its allegations in paragraphs 1 through 39
`
`of the Counterclaims.
`
`41. An actual case or controversy exists between Lenovo and Plaintiff as to whether the ’923
`
`patent is not infringed by Lenovo.
`
`42. A judicial declaration is necessary and appropriate so that Lenovo may ascertain its rights
`
`regarding the ’923 patent.
`
`43.
`
`Lenovo has not infringed and does not infringe, directly or indirectly, by inducement or
`
`by contribution, any valid and enforceable claim of the ’923 patent, either literally or under the
`
`doctrine of equivalents.
`
`44.
`
`This is an exceptional case under 35 U.S.C. § 285 including without limitation because
`
`Plaintiff filed its Complaint and First Amended Complaint with knowledge of the facts stated in
`
`this Counterclaim.
`
`COUNT EIGHT
`(Declaratory Judgment of Invalidity of U.S. Patent No. 6,483,923)
`
`45.
`
`Lenovo restates and incorporates by reference its allegations in paragraphs 1 through 44
`
`of the Counterclaims.
`
`46. An actual case or controversy exists between Lenovo and Plaintiff as to whether the ’923
`
`patent is invalid.
`
`47. A judicial declaration is necessary and appropriate so that Lenovo may ascertain its rights
`
`as to whether the ’923 patent is invalid.
`
`
`
`17
`
`RTL345-1_1005-0017
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 18 of 20 PageID #: 439
`
`48.
`
`The ’923 patent is invalid for failure to meet the conditions of patentability and/or
`
`otherwise comply with one or more requirements of 35 U.S.C. §§ 100 et seq., including sections
`
`102, 103, and 112.
`
`49.
`
`This is an exceptional case under 35 U.S.C. § 285 including without limitation because
`
`Plaintiff filed its Complaint and First Amended Complaint with knowledge of the facts stated in
`
`this Counterclaim.
`
`LENOVO’S PRAYER FOR RELIEF
`
`
`
`WHEREFORE, Lenovo respectfully prays for the following relief:
`
`a.
`
`A judgment dismissing Plaintiff’s First Amended Complaint against Lenovo with
`
`prejudice;
`
`b.
`
`c.
`
`A judgment in favor of Lenovo, including on all of its Counterclaims;
`
`A judgment and declaration that Lenovo has not infringed, contributed to the
`
`infringement of, or induced others to infringe, either directly or indirectly, literally or under the
`
`doctrine of equivalents, any valid claim of any of the Asserted Patents;
`
`d.
`
`A judgment and declaration that the claims of the Asserted Patents are invalid and
`
`unenforceable;
`
`e.
`
`f.
`
`An award to Lenovo for the amount of damages as proven at trial;
`
`A declaration that this case is exceptional and an award to Lenovo of its
`
`reasonable costs and expenses of litigation, including attorneys’ fees and expert witness fees;
`
`g.
`
`A judgment limiting or barring Plaintiff’s ability to enforce the Asserted Patents
`
`in equity; and
`
`
`
`18
`
`RTL345-1_1005-0018
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 19 of 20 PageID #: 440
`
`h.
`
`Such other and further relief as this Court may deem just and proper.
`
`DEMAND FOR A JURY TRIAL
`
`In accordance with Rule 38 of the Federal Rules of Civil Procedure, Lenovo respectfully
`
`demands a jury trial of all issues triable to a jury in this action.
`
`Dated: November 24, 2014
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/s/ Fred I. Williams
`Fred I. Williams
`Texas State Bar No. 00794855
`fwilliams@akingump.com
`AKIN GUMP STRAUSS HAUER & FELD LLP
`300 West Sixth Street, Suite 1900
`Austin, Texas 78701
`Telephone: (512) 499-6200
`Facsimile: (512) 499-6290
`Todd E. Landis
`Texas State Bar No. 24030226
`
`Eric J. Klein
`Texas State Bar No. 24041258
`eklein@akingump.com
`Kellie M. Johnson
`Texas State Bar No. 24070003
`kmjohnson@akingump.com
`AKIN GUMP STRAUSS HAUER & FELD LLP
`1700 Pacific Avenue, Suite 4100
`Dallas, Texas 75201
`Telephone: (214) 969-2800
`Facsimile: (214) 969-4343
`Wesley D. Markham
`AKIN GUMP STRAUSS HAUER & FELD LLP
`One Bryant Park
`Bank Of America Tower
`New York, NY 10036
`Telephone: (212) 872-1000
`Fax: (212) 872-1002
`Email: wmarkham@akingump.com
`
`
`Attorneys for Defendants Lenovo Holding
`Company, Inc. and Lenovo (United States) Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`19
`
`RTL345-1_1005-0019
`
`

`
`Case 2:14-cv-04489-JG-GRB Document 39 Filed 11/24/14 Page 20 of 20 PageID #: 441
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that all counsel of record who are deemed to have
`
`consented to electronic service are being served this 24th day of November, 2014, with a copy of
`the foregoing document via the Court’s CM/ECF system.
`
`
`/s/ Eric J. Klein
`Eric J. Klein
`
`
`
`
`
`
`
`20
`
`RTL345-1_1005-0020

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