UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C. 20436
`
`Before The Honorable Thomas B. Pender
`Administrative Law Judge
`
`
`In the Matter of
`CERTAIN ROBOTIC VACUUM
`CLEANING DEVICES AND
`COMPONENTS THEREOF SUCH AS
`SPARE PARTS
`
`
`
`
`
`Investigation No. 337-TA-1057
`
`
`
`RESPONDENT SHENZHEN SILVER STAR INTELLIGENT TECHNOLOGY CO.,
`LTD.’S RESPONSE TO THE AMENDED COMPLAINT OF IROBOT CORPORATION
`
`Pursuant to Commission Rule 210.13, 19 C.F.R. § 210.13, Respondent Shenzhen Silver
`
`Star Intelligent Technology Co., Ltd. (“Silver Star”) hereby responds to the July 20, 2017
`
`Verified Amended Complaint (“Amended Complaint) of Complainant iRobot Corporation
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`(“iRobot” or “Complainant”) under Section 337 of the Tariff Act of 1930.
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`Silver Star denies that it has engaged in any acts of unfair competition or violated Section
`
`337 by importing, selling for importation, or selling within the United States after importation
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`certain robotic vacuum cleaning devices and components thereof such as spare parts, that
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`infringe, directly, literally, or under the doctrine of equivalents, any valid and enforceable claim
`
`of U.S. Patent Nos. 6,809,490 (“the ’490 Patent”); 7,155,308 (“the ’308 Patent”); 8,474,090 (“the
`
`’090 Patent”); 8,600,553 (“the ’553 Patent”); 9,038,233 (“the ’233 Patent”) and 9,486,924 (“the
`
`’924 Patent”) (collectively, “the Asserted Patents”). Silver Star denies that any patent claims at
`
`issue in this investigation are valid, enforceable, or infringed. Silver Star denies that Complainant
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`will be able to satisfy their burden to demonstrate infringement of any patent claims at issue in
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`this investigation. Silver Star further denies that a domestic industry as required by Section 337
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`IROBOT 2013
`Shenzhen Silver Star v. iRobot
`IPR2018-00897
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`exists. Silver Star denies that Complainant is entitled to any of the relief it seeks. Silver Star
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`denies each and every allegation in the Amended Complaint, except as specifically and expressly
`
`admitted herein. Any factual allegation admitted below is admitted only as to the specifically
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`admitted facts, and not as to any purported conclusions, characterizations, implications, or
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`speculations that might follow from the admitted facts. Further, any allegation that is admitted
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`below applies only to the Respondent(s) making that admission and to no other Respondent.
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`Silver Star reserves the right to amend or supplement its response based on additional facts or
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`developments that become available or that arise during discovery in this investigation.
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`
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`In response to the specific allegations and characterizations set forth in the Amended
`
`Complaint, Silver Star responds as follows:
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`I.
`
`INTRODUCTION
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`1.1
`
`Silver Star admits that Complainant has filed an amended complaint requesting
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`that the Commission institute an investigation pursuant to Section 337, but Silver Star denies any
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`allegation that it has acted unlawfully, and further denies any allegation in Paragraph 1.1 of the
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`Amended Complaint directed to Silver Star. Silver Star denies the patents asserted by iRobot are
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`valid and enforceable. Also, Paragraph 1.1 contains allegations directed to entities other than
`
`Silver Star, for which no response is required. To the extent a response is required, Silver Star
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`denies any remaining factual allegations in Paragraph 1.1 of the Amended Complaint.
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`1.2
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`Silver Star admits that the named Respondents in this Investigation are: Bissell
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`Homecare, Inc. (“Bissell”); Hoover Inc. (“Hoover”); Royal Appliance Manufacturing Co. Inc.
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`d/b/a TTI Floor Care North America, Inc. (“TTI”); bObsweep, Inc.; bObsweep USA; The Black
`
`& Decker Corporation; Black & Decker (U.S.) Inc.; Shenzhen ZhiYi Technology Co., Ltd. d/b/a
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`iLife (“iLife”); Matsutek Enterprises Co., Ltd. (“Matsutek”); Suzhou Real Power Electric
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`Appliance Co., Ltd. (“Real Power”); and Silver Star (collectively “Proposed Respondents”).
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`Silver Star admits that U.S. Patent Nos. 6,809,490 (“the ’490 patent”); 7,155,308 (“the ’308
`
`patent”); 8,474,090 (“the ’090 patent”); 8,600,553 (“the ’553 patent”); 9,038,233 (“the ‘233
`
`patent”) and 9,486,924 (“the ’924 patent”) are collectively referred to as the “Asserted Patents”.
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`Silver Star denies any allegation that it has acted unlawfully or that it has infringed one or more
`
`claims of the Asserted Patents. Paragraph 1.2 of the Amended Complaint also contains
`
`allegations directed to entities other than Silver Star, to which no response is required. To the
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`extent a response is required, Silver Star lacks sufficient knowledge or information to admit or
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`deny the allegations contained in Paragraph 1.2 of the Amended Complaint, and therefore denies
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`them. To the extent Paragraph 1.2 contains any other factual allegations, they are denied.
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`1.3
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`Silver Star denies it induces the infringement of or infringes directly or
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`contributorily any of the Asserted Claims of the Asserted Patents. Paragraph 1.3 of the Amended
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`Complaint contains allegations directed to entities other than Silver Star, to which no response is
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`required. To the extent a response is required, Silver Star lacks sufficient knowledge or
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`information to admit or deny the allegations contained in Paragraph 1.3 of the Amended
`
`Complaint, and therefore denies them.
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`1.4
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`Silver Star admits that Exhibits 1-6 of the Amended Complaint purport to be
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`certified copies of the Asserted Patents and Exhibits 7-12 of the Amended Complaint purport to
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`be certified copies of the recorded assignments. Silver Star denies the asserted patents were
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`lawfully issued. Silver Star lacks sufficient knowledge or information to admit or deny the
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`remaining allegations contained in Paragraph 1.4 of the Amended Complaint at this time, and
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`therefore denies them.
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`1.5
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`Silver Star denies that Complainant can establish a domestic industry as required
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`by 19 U.S.C. § 1337(a)(2) and (3).
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`1.6
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`Silver Star denies any allegation that it has acted unlawfully and denies that
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`Complainant is entitled to relief from the Commission in the form of a permanent limited
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`exclusion order, cease and desist orders or a bond during the Presidential review period.
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`Paragraph 1.6 of the Amended Complaint also contains allegations directed to entities other than
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`Silver Star, to which no response is required. To the extent a response is required, Silver Star
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`lacks sufficient knowledge or information to admit or deny the allegations contained in
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`Paragraph 1.6 of the Amended Complaint, and therefore denies them. To the extent Paragraph
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`1.6 contains any other factual allegations, they are denied.
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`II.
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`COMPLAINANT
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`2.1
`
`Silver Star lacks sufficient knowledge or information to admit or deny the
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`allegations contained in Paragraph 2.1 of the Amended Complaint, and therefore denies them.
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`2.2
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`Silver Star lacks sufficient knowledge or information to admit or deny the
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`allegations contained in Paragraph 2.2 of the Amended Complaint, and therefore denies them.
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`2.3
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`Silver Star lacks sufficient knowledge or information to admit or deny the
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`allegations contained in Paragraph 2.3 of the Amended Complaint, and therefore denies them.
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`2.4
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`Silver Star lacks sufficient knowledge or information to admit or deny the
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`allegations contained in Paragraph 2.4 of the Amended Complaint, and therefore denies them.
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`2.5
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`Silver Star lacks sufficient knowledge or information to admit or deny the
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`allegations contained in Paragraph 2.5 of the Amended Complaint, and therefore denies them.
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`2.6
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`Silver Star lacks sufficient knowledge or information to admit or deny the
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`allegations contained in Paragraph 2.6 of the Amended Complaint, and therefore denies them.
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`Silver Star lacks sufficient knowledge or information to admit or deny the
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`2.7
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`allegations contained in Paragraph 2.7 of the Amended Complaint, and therefore denies them.
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`III.
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`PROPOSED RESPONDENTS
`
`A.
`
`3.1
`
`Bissell
`
`Paragraph 3.1 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.1 of the Amended Complaint, and therefore denies them.
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`3.2
`
`Paragraph 3.2 of the Amended Complaint contains allegations directed to an
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`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.2 of the Amended Complaint, and therefore denies them.
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`3.3
`
`Paragraph 3.3 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.3 of the Amended Complaint, and therefore denies them.
`
`B.
`
`3.4
`
`Hoover
`
`Paragraph 3.4 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.4 of the Amended Complaint, and therefore denies them.
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`3.5
`
`Paragraph 3.5 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
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`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.5 of the Amended Complaint, and therefore denies them.
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`3.6
`
`Paragraph 3.6 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
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`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.6 of the Amended Complaint, and therefore denies them.
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`C.
`
`3.7
`
`TTi
`
`Paragraph 3.7 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.7 of the Amended Complaint, and therefore denies them.
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`3.8
`
`Paragraph 3.8 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.8 of the Amended Complaint, and therefore denies them.
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`3.9
`
`Paragraph 3.9 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.9 of the Amended Complaint, and therefore denies them.
`
`D.
`
`bObsweep, Inc.
`
`3.10 Paragraph 3.10 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
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`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.10 of the Amended Complaint, and therefore denies them.
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`3.11 Paragraph 3.11 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.11 of the Amended Complaint, and therefore denies them.
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`3.12 Paragraph 3.12 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.12 of the Amended Complaint, and therefore denies them.
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`E.
`
`bObsweep USA
`
`3.13 Paragraph 3.13 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.13 of the Amended Complaint, and therefore denies them.
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`3.14 Paragraph 3.14 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.14 of the Amended Complaint, and therefore denies them.
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`3.15 Paragraph 3.15 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.15 of the Amended Complaint, and therefore denies them.
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`F.
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`The Black & Decker Corporation
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`3.16 Paragraph 3.16 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
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`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.16 of the Amended Complaint, and therefore denies them.
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`3.17 Paragraph 3.17 of the Amended Complaint contains allegations directed to an
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`entity other than Silver Star, to which no response is required. To the extent a response is
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`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.17 of the Amended Complaint, and therefore denies them.
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`3.18 Paragraph 3.18 of the Amended Complaint contains allegations directed to an
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`entity other than Silver Star, to which no response is required. To the extent a response is
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`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.18 of the Amended Complaint, and therefore denies them.
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`3.19 Paragraph 3.19 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.19 of the Amended Complaint, and therefore denies them.
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`G.
`
`Black & Decker (U.S.) Inc.
`
`3.20 Paragraph 3.20 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.20 of the Amended Complaint, and therefore denies them.
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`3.21 Paragraph 3.21 of the Amended Complaint contains allegations directed to an
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`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.21 of the Amended Complaint, and therefore denies them.
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`3.22 Paragraph 3.22 of the Amended Complaint contains allegations directed to an
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`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.22 of the Amended Complaint, and therefore denies them.
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`H.
`
`iLife
`
`3.23 Paragraph 3.23 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.23 of the Amended Complaint, and therefore denies them.
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`3.24 Paragraph 3.24 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.24 of the Amended Complaint, and therefore denies them.
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`3.25 Paragraph 3.25 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.25 of the Amended Complaint, and therefore denies them.
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`I.
`
`Matsutek
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`3.26 Paragraph 3.26 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.26 of the Amended Complaint, and therefore denies them.
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`3.27 Paragraph 3.27 of the Amended Complaint contains allegations directed to an
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`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.27 of the Amended Complaint, and therefore denies them.
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`3.28 Paragraph 3.28 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.28 of the Amended Complaint, and therefore denies them.
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`J.
`
`Real Power
`
`3.29 Paragraph 3.29 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.29 of the Amended Complaint, and therefore denies them.
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`3.30 Paragraph 3.30 of the Amended Complaint contains allegations directed to an
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`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 3.30 of the Amended Complaint, and therefore denies them.
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`3.31 Paragraph 3.31 of the Amended Complaint contains allegations directed to an
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`entity other than Silver Star, to which no response is required. To the extent a response is
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`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 3.31 of the Amended Complaint, and therefore denies them.
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`K.
`
`Silver Star
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`3.32 Silver Star admits it is a corporation organized under the laws of China, with its
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`principal place of business located at Building D, Huiqing Technology Park, DAFU Industrial
`
`Area, Guanguang Road, Guanlan Town, Shenzhen, China.
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`3.33 Silver Star admits it manufactures certain Hoover Accused Products, bObsweep
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`Accused Products and Black & Decker Accused Products. Silver Star denies that it imports
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`Hoover Accused Products, bObsweep Accused Products and Black & Decker Accused Products
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`into the United States. Silver Star denies that it sells in the United States after importation
`
`Hoover Accused Products, bObsweep Accused Products and Black & Decker Accused Products.
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`Silver Star admits it has sold for importation certain bObsweep Accused Products. But Silver
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`Star denies that is has sold for importation Hoover Accused Products and Black & Decker
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`Accused Products. To the extent a response is required, Silver Star denies any remaining factual
`
`allegations in Paragraph 3.33 of the Amended Complaint.
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`3.34 Silver Star admits it purchases from a third party the AICUs (Artificial
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`Intelligence Control Units) for control and navigation of autonomous vacuum cleaner robots for
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`the Hoover BH71000 products and assembles the products in China. Silver Star denies any of
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`these products infringe any valid or enforceable claim of any Asserted Patents. To the extent a
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`response is required, Silver Star denies any remaining factual allegations in Paragraph 3.34 of the
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`Amended Complaint.
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`3.35 Silver Star admits that it delivers certain bObsweep consumer products to the
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`shipping containers in Shenzhen China. Silver Star denies any of these products infringe any
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`valid or enforceable claim of any Asserted Patents. Silver Star denies it has imported the
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`bObsweep Accused Products or sold the bObsweep Accused Products within the United States
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`after importation. To the extent a response is required, Silver Star denies any remaining factual
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`allegations in Paragraph 3.35 of the Amended Complaint.
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`3.36 Silver Star admits that it is a manufacturer of certain Black & Decker consumer
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`products including model BDH5000, HRV425BL, HRV425BLP and HRV420BP07. Silver Star
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`denies any of these products infringe any valid or enforceable claim of any Asserted Patents.. To
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`the extent a response is required, Silver Star denies any remaining factual allegations in
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`Paragraph 3.36 of the Amended Complaint.
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`IV. THE TECHNOLOGY AND PRODUCTS AT ISSUE
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`4.1
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`Silver Star denies the characterizations pertaining to the Asserted Patents and
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`submits that the Asserted Patents speak for themselves. Silver Star lacks sufficient knowledge or
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`information to admit or deny the remaining allegations contained in Paragraph 4.1 of the
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`Amended Complaint, and therefore denies them.
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`4.2
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`Silver Star denies the characterizations pertaining to the Accused Products and
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`submits that the Accused Products speak for themselves. Silver Star denies that it implements
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`iRobot’s patented technologies in its products. Paragraph 4.2 of the Amended Complaint also
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`contains allegations directed to entities other than Silver Star, to which no response is required.
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`To the extent a response is required, Silver Star lacks sufficient knowledge or information to
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`admit or deny the remaining allegations contained in Paragraph 4.2 of the Amended Complaint,
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`and therefore denies them.
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`4.3
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`Silver Star lacks sufficient knowledge or information to admit or deny the
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`allegations contained in Paragraph 4.3 of the Amended Complaint, and therefore denies them.
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`Silver Star lacks sufficient knowledge or information to admit or deny the
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`4.4
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`allegations contained in Paragraph 4.4 of the Amended Complaint, and therefore denies them.
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`4.5
`
`Paragraph 4.5 of the Amended Complaint contains allegations directed to an
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`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
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`contained in Paragraph 4.5 of the Amended Complaint, and therefore denies them.
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`4.6
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`Silver Star admits it purchases from a third party the AICUs (Artificial
`
`Intelligence Control Units) for control and navigation of autonomous vacuum cleaner robots for
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`Hoover BH71000 products and assembles the products in China. Silver Star denies any of these
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`products infringe any valid or enforceable claim of any Asserted Patents.. Paragraph 4.6 of the
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`Amended Complaint contains allegations directed to entities other than Silver Star, to which no
`
`response is required. To the extent a response is required, Silver Star lacks sufficient knowledge
`
`or information to admit or deny the allegations contained in Paragraph 4.6 of the Amended
`
`Complaint, and therefore denies them.
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`4.7
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`Silver Star admits that it is a manufacturer of certain bObsweep consumer
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`products, including bOb PetHair Plus, bObi Pet, bObi Classic, bOb PetHair, bOb Standard and
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`Junior products. Silver Star denies any of these products infringe any valid or enforceable claim
`
`of any Asserted Patents. Paragraph 4.7 of the Amended Complaint also contains allegations
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`directed to entities other than Silver Star, to which no response is required. To the extent a
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`response is required, Silver Star lacks sufficient knowledge or information to admit or deny the
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`allegations contained in Paragraph 4.7 of the Amended Complaint, and therefore denies them.
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`4.8
`
`Silver Star admits that it is a manufacturer of certain Black & Decker consumer
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`products including the BDH5000, HRV425BL, HRV425BLP, and HRV420BP07 products.
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`Silver Star denies any of these products infringe any valid or enforceable claim of any Asserted
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`Patents.. Paragraph 4.8 of the Amended Complaint also contains allegations directed to entities
`
`other than Silver Star, to which no response is required. To the extent a response is required,
`
`Silver Star lacks sufficient knowledge or information to admit or deny the allegations contained
`
`in Paragraph 4.8 of the Amended Complaint, and therefore denies them.
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`4.9
`
`Paragraph 4.9 of the Amended Complaint contains allegations directed to an
`
`entity other than Silver Star, to which no response is required. To the extent a response is
`
`required, Silver Star lacks sufficient knowledge or information to admit or deny the allegations
`
`contained in Paragraph 4.9 of the Amended Complaint, and therefore denies them.
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`4.10 Silver Star admits that it has delivered certain Hoover Accused Products and
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`certain Black & Decker Accused Products to another entity in Shenzhen China, and then the
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`entity delivered such products to the shippers in Shenzhen China. Silver Star admits that it has
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`delivered certain bObsweep Accused Products to the shippers in Shenzhen China. Silver Star
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`denies it has imported the Accused Products or sold the Accused Products within the United
`
`States after importation. Paragraph 4.10 of the Amended Complaint also contains allegations
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`directed to entities other than Silver Star, to which no response is required. To the extent a
`
`response is required, Silver Star lacks sufficient knowledge or information to admit or deny the
`
`allegations contained in Paragraph 4.10 of the Amended Complaint, and therefore denies them.
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`V.
`
`THE ASSERTED Patents
`
`A.
`
`U.S. Patent No. 6,809,490
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`1.
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`Identification of Patent and Ownership by Complainant
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`5.1
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`Silver Star admits that U.S. Patent No. 6,809,490 (“the ’490 Patent”) is entitled
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`“Method and system for multi-mode coverage for an autonomous robot”. Silver Star denies the
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`’490 patent was lawfully issued. Silver Star admits that Exhibit 1 of the Amended Complaint
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`purports to be a certified copy of the ’490 Patent. Silver Star admits the face of the patent
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`indicates that the patent issued from United States Patent Application Serial No. 10/167,851 and
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`was filed on June 12, 2002. Silver Star admits the face of the patent indicates that the inventors
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`of ’490 Patent are Joseph L. Jones, and Philip R. Mass.
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`5.2
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`Silver Star admits that the ’490 Patent has seven independent claims and 35
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`dependent claims. Silver Star denies that any of the claims of the ’490 Patent are valid or
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`enforceable. Silver Star denies that the ’490 Patent is valid, enforceable, and currently in full
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`force and effect. To the extent Paragraph 5.2 of the Amended Complaint contains any other
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`factual allegations, they are denied.
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`5.3
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`Silver Star admits that Exhibit 7 of the Amended Complaint purports to be the
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`recorded assignment of the ’490 Patent. Silver Star lacks sufficient knowledge or information to
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`admit or deny the remaining allegations contained in Paragraph 5.3 of the Amended Complaint,
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`and therefore denies them.
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`5.4
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`Silver Star admits that Appendices A and G purport to include a certified copy
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`and three additional copies of the prosecution history of the ’490 Patent, as well as four copies of
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`examiner-cited references mentioned in the prosecution history, respectively. Silver Star lacks
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`sufficient knowledge or information to admit or deny the remaining allegations contained in
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`Paragraph 5.4 of the Amended Complaint and, therefore, denies them.
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`2.
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`Non-Technical Description of the ’490 Patent
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`5.5
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`Silver Star denies iRobot’s characterization pertaining to the ’490 patent as the
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`’490 patent speaks for itself. To the extent that a response is required, Silver Star lacks sufficient
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`knowledge or information to admit or deny the remaining allegations contained in Paragraph 5.5
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`of the Amended Complaint, and therefore denies them.
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`3.
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`Foreign Counterparts to the ’490 Patent
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`5.6
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`Silver Star admits that Paragraph 5.6 of the Amended Complaint contains a table
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`of foreign patents and/or patent applications that are allegedly “counterparts” to the ’490 Patent.
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`Silver Star lacks sufficient knowledge or information to admit or deny the allegations contained
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`in Paragraph 5.6 of the Amended Complaint, and therefore denies them.
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`4.
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`Licenses
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`5.7
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`Silver Star verified through counsel that Confidential Exhibit 40 purports to
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`identify a list of licensed entities specifically licensed under the ’490 Patent. Silver Star lacks
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`sufficient knowledge or information to admit or deny the remaining allegations contained in
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`Paragraph 5.7 of the Amended Complaint, and therefore denies them.
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`B.
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`U.S. Patent No.7,155,308
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`1.
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`Identification of Patent and Ownership by Complainant
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`5.8
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`Silver Star admits that U.S. Patent No. 7,155,308 (“the ’308 Patent”) is entitled
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`“Robot obstacle detection system”. Silver Star denies the ’308 Patent was lawfully issued. Silver
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`Star admits that Exhibit 2 of the Amended Complaint purports to be a certified copy of the ’308
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`Patent. Silver Star admits the face of the patent indicates that the patent issued from United
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`States Patent Application Serial No. 10/453,202 and was filed on June 3, 2003. Silver Star
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`admits the face of the patent indicates that the inventors of the ’308 Patent is Joseph L. Jones.
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`5.9
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`Silver Star admits that the ’308 Patent has two independent claims and 32
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`dependent claims. Silver Star denies that any of the claims of the ’308 Patent are valid or
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`enforceable. Silver Star denies that the ’308 Patent is valid, enforceable, and currently in full
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`force and effect. To the extent Paragraph 5.9 of the Amended Complaint contains any other
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`factual allegations, they are denied.
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`5.10 Silver Star admits that Exhibit 8 of the Amended Complaint purports to be the
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`recorded assignment of the ’308 Patent. Silver Star lacks sufficient knowledge or information to
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`admit or deny the remaining allegations contained in Paragraph 5.10 of the Amended Complaint,
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`and therefore denies them.
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`5.11 Silver Star admits that Appendices B and H purport to include a certified copy
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`and three additional copies of the prosecution history of the ’308 Patent, as well as four copies of
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`examiner-cited references mentioned in the prosecution history, respectively. Silver Star lacks
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`sufficient knowledge or information to admit or deny the remaining allegations contained in
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`Paragraph 5.11 of the Amended Complaint, and therefore denies them.
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`2.
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`Non-Technical Description of the ’308 Patent
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`5.12 Silver Star denies iRobot’s characterization pertaining to the ’308 Patent as the
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`’308 Patent speaks for itself. To the extent that a response is required, Silver Star lacks sufficient
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`knowledge or information to admit or deny the remaining allegations contained in Paragraph
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`5.12 of the Amended Complaint, and therefore denies them.
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`3.
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`Foreign Counterparts to the ’308 Patent
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`5.13 Silver Star lacks sufficient knowledge or information to admit or deny the
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`allegations contained in Paragraph 5.13 of the Amended C