Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 1 of 115 PageID #: 1344
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`INGENICO INC.,
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`C.A. No. 18-826-WCB
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`JURY TRIAL DEMANDED
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`Plaintiff,
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`v.
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`IOENGINE, LLC,
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`Defendant.
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`IOENGINE, LLC,
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`Counterclaim Plaintiff,
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`v.
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`INGENICO INC.,
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`INGENICO CORP., and
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`INGENICO GROUP S.A.,
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`Counterclaim Defendants.
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`INGENICO INC. & INGENICO CORP.’S ANSWER TO IOENGINE’S
`COUNTERCLAIMS
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`Plaintiff and Counterclaim Defendants Ingenico Inc. and Ingenico Corp. (collectively, “Ingenico
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`U.S.”), by and through its undersigned counsel, answer the Counterclaims of IOENGINE, LLC
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`(“IOENGINE”) as follows:
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`
`
`RLF1 20927678v.1
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 2 of 115 PageID #: 1345
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`THE PARTIES1
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`275.
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`Ingenico U.S. lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations contained in Paragraph 275 and, therefore, denies the same.
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`276. Admitted.
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`277. Admitted.
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`278. Admitted.
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`279. Paragraph 279 purports to be definitional and therefore does not require a
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`response. To the extent a response is required, the purported definition is an inaccurate
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`characterization and is therefore denied.
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`JURISDICTION AND VENUE
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`280. Paragraph 280 states a legal conclusion to which no response is required. To the
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`extent a response is deemed required, Ingenico U.S. admits that the Counterclaims purport to be
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`actions for patent infringement arising under the patent laws of the United States, 35 U.S.C.
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`§ 100 et seq., including, but not limited to, 35 U.S.C. § 271.
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`281. Paragraph 281 states a legal conclusion with respect to jurisdiction to which no
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`response is required. To the extent a response is deemed required, Ingenico U.S. admits that this
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`Court has subject matter jurisdiction over patent infringement actions pursuant to 28 U.S.C.
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`§§ 1331 and 1338.
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`282. Paragraph 282 states a legal conclusion with respect to jurisdiction to which no
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`response is required. To the extent a response is deemed required, Ingenico Inc. admits to filing
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`the Complaint in this action against IOENGINE for a declaratory judgment and that Ingenico
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`Inc.’s Complaint involves the same IOENGINE patents and certain of the same or substantially
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`1 The headings from the Counterclaims are incorporated for placement purposes only and are not
`intended to be statements or admissions by Ingenico U.S.
`
`RLF1 20927678v.1
`
`2
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 3 of 115 PageID #: 1346
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`similar Ingenico products as are at issue in these Counterclaims. To the extent a response is
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`deemed required, for the purposes of this lawsuit only, Ingenico U.S. admits that Ingenico Inc.
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`and Ingenico Corp. are subject to this Court’s personal jurisdiction. As to the remaining
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`allegations, denied.
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`283. Paragraph 283 states a legal conclusion with respect to jurisdiction to which no
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`response is required. To the extent a response is deemed required, for the purposes of this
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`lawsuit only, Ingenico U.S. admits that Ingenico Inc. and Ingenico Corp. are subject to this
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`Court’s personal jurisdiction. As to the remaining allegations, denied.
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`284. Denied.
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`285. Denied.
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`286. Paragraph 286 states a legal conclusion with respect to venue to which no
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`response is required. To the extent a response is deemed required, for the purpose of this lawsuit
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`only, Ingenico U.S. admits that venue is proper within this judicial district with respect to
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`Ingenico Inc. and Ingenico Corp. As to the remaining allegations, denied.
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`287. Paragraph 287 states a legal conclusion with respect to venue to which no
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`response is required. To the extent a response is deemed required, for the purpose of this lawsuit
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`only, Ingenico U.S. admits that venue is proper within this judicial district with respect to
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`Ingenico Inc. and Ingenico Corp. As to the remaining allegations, denied.
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`288. Paragraph 288 states a legal conclusion with respect to venue to which no
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`response is required. To the extent a response is deemed required, Ingenico Inc. admits to filing
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`the Complaint in this action against IOENGINE for a declaratory judgment. As to the remaining
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`allegations, for the purpose of this lawsuit only, Ingenico U.S. admits that venue is proper within
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`RLF1 20927678v.1
`
`3
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 4 of 115 PageID #: 1347
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`this judicial district with respect to Ingenico Inc. and Ingenico Corp. As to the remaining
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`allegations, denied.
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`BACKGROUND
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`289. To the extent Paragraph 289 purports to characterize the technology disclosed in
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`the patents-in-suit, the patents speak for themselves and, thus, no response is required. If a
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`response is deemed required, and as to any remaining allegations, Ingenico U.S. lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations contained in
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`Paragraph 289 and, therefore, denies the same.
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`290.
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`Ingenico U.S. lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations contained in Paragraph 290 and, therefore, denies the same.
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`THE IOENGINE PATENTS-IN-SUIT
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`291. Admitted that United States Patent 8,539,047 (the “ ’047 Patent”) is entitled
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`“Apparatus, Method and System for Tunneling Client Access Point,” which purports on its face
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`to have issued on September 17, 2013. Ingenico U.S. also admits that U.S. Patent Application
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`Ser. No. 12/950,321, was a continuation of U.S. Patent Application Ser. No. 10/807,731, filed on
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`March 23, 2004. As to the remaining allegations, denied.
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`292. Admitted that United States Patent 9,059,969 (the “ ’969 Patent”) is entitled
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`“Apparatus, Method and System for Tunneling Client Access Point,” which purports on its face
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`to have issued on June 16, 2015. Ingenico U.S. also admits that U.S. Patent Application Ser. No.
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`13/960,514, was a continuation of U.S. Patent Application Ser. No. 10/807,731, filed on
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`March 23, 2004. As to the remaining allegations, denied.
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`293. Admitted that United States Patent 9,774,703 (the “ ’703 Patent”) is entitled
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`“Apparatus, Method and System for Tunneling Client Access Point,” which purports on its face
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`to have issued on September 26, 2017. Ingenico U.S. also admits that U.S. Patent Application
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`RLF1 20927678v.1
`
`4
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 5 of 115 PageID #: 1348
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`Ser. No. 14/721,540, was a continuation of U.S. Patent Application Ser. No. 13/960,514, which
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`was a continuation of U.S. Patent Application Ser. No. 12/950,321, which was a continuation of
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`U.S. Patent Application Ser. No. 10/807,731, filed on March 23, 2004. As to the remaining
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`allegations, denied.
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`294.
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`Ingenico U.S. lacks sufficient knowledge or information to form a belief as to the
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`truth of the allegations contained in Paragraph 294 and, therefore, denies the same.
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`295. Denied.
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`296. Denied.
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`INGENICO’S INFRINGEMENT
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`297.
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`Ingenico U.S. denies that any Ingenico products infringe. Paragraph 297 also
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`purports to be definitional and therefore does not require a response. To the extent a response is
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`required, Ingenico U.S. admits that products known as the Moby/8500, Moby/3000, RP750x
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`Chip & Pin Mobile Card Reader, RP750c Chip & Pin Mobile Card Reader, RP457c Series,
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`RRP350x Chip & Sign Mobile Card Reader, ROAMpay Swiper, G2card Mobile Card Reader,
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`G3X Mobile Card Reader, G4X Mobile Card Reader, and G5X Mobile Card Reader exist. As to
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`the remaining allegations, denied.
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`298. Paragraph 298 purports to be definitional and therefore does not require a
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`response. To the extent a response is required, Ingenico U.S. admits that products known as the
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`Moby/C150, Moby/M120, Moby/M100, and Moby/M70 exist. As to the remaining allegations,
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`denied.
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`299. Paragraph 299 purports to be definitional and therefore does not require a
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`response. To the extent a response is required, Ingenico U.S. admits that products known as the
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`iSMP Companion, iSMP3, iSMP4, iSMP4 Companion, Link/2500, and iCMP exist. As to the
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`remaining allegations, denied.
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`RLF1 20927678v.1
`
`5
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 6 of 115 PageID #: 1349
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`300.
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`Ingenico U.S. denies that any Ingenico products are infringing. Paragraph 300
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`also purports to be definitional and therefore does not require a response. As to the remaining
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`allegations, denied.
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`301.
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`Ingenico U.S. denies that any Ingenico products are infringing. Admitted that the
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`webpage cited in footnote 6 of IOENGINE’s Counterclaims states “[w]hether accepting
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`electronic payments in the store aisle, at a pop-up store or onboard an airplane, merchants
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`equipped with the latest payment solutions will satisfy today’s mobile consumers and ensure that
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`they come back for more. At the same time they will reduce costs and improve the efficiency of
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`their businesses. Ingenico Group is the global reference in mobile acceptance, allowing
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`worldwide commerce to benefit from a combination of mobility, payment and business
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`processing across all sales channels.” As to the remaining allegations, denied.
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`302. Denied.
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`303. Admitted that PayPal, Inc. is a customer of Ingenico Inc. Ingenico Inc. admits to
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`supplying PayPal, Inc. with the PayPal Mobile Card Reader, the PayPal Chip and Swipe Reader,
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`and the PayPal Chip and Tap Reader. As to the remaining allegations, Ingenico U.S. lacks
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`sufficient knowledge or information to form a belief as to the truth of the allegations contained in
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`Paragraph 303 and therefore denies the same.
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`304.
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`Ingenico U.S. denies that any Ingenico products are infringing. Ingenico Inc.
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`admits to supplying PayPal, Inc. with the PayPal Mobile Card Reader, the PayPal Chip and
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`Swipe Reader, and the PayPal Chip and Tap Reader. As to the remaining allegations, denied.
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`305.
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`Ingenico U.S. denies that any Ingenico products are infringing. Paragraph 305
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`also purports to be definitional and therefore does not require a response To the extent a
`
`RLF1 20927678v.1
`
`6
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 7 of 115 PageID #: 1350
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`response is required, Ingenico U.S. admits that products known as the ROAMpay X5 App and
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`the Ingenico ROAMpay X4 App exist. As to the remaining allegations, denied.
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`306. Admitted as to the actions of Ingenico Inc. The cited material speaks for itself.
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`As to the remaining allegations, denied.
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`307. Denied.
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`308.
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`Ingenico U.S. denies that any Ingenico products are infringing. Paragraph 308
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`also purports to be definitional and therefore does not require a response. To the extent a
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`response is required, Ingenico U.S. admits that the PayPal Here App, PayPal POS Partner Apps,
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`Converge Mobile App, and ShopKeep App are accused of infringing the ’047, ’969, and ’703
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`Patents. The cited material speaks for itself. Ingenico U.S. lacks sufficient knowledge or
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`information to form a belief as to the truth of the remaining allegations contained in Paragraph
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`308 and, therefore, denies the same.
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`309. Admitted that Ingenico Inc. provides mPOS EMV SDK to third party developers.
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`As to the remaining allegations, denied.
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`310. Admitted as to the actions of Ingenico Inc. The cited material speaks for itself.
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`As to the remaining allegations, denied.
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`311.
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`Ingenico Inc. admits to offering both iOS and Android SDKs to third-party
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`developers. The webpage cited in footnote 15 of IOENGINE’s Counterclaims speaks for itself,
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`and, thus, requires no response. To the extent a response is deemed required, and as to the
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`remaining allegations, denied.
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`312. Admitted that the webpage cited in footnote 16 of IOENGINE’s Counterclaims
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`states as follows: “These SDKs help you to implement the Client API. This is a special secure
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`channel between your native app and our server, used to obtain security credentials to keep your
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`RLF1 20927678v.1
`
`7
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 8 of 115 PageID #: 1351
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`customer’s data secure in transit.” The webpage cited in footnote 17 of IOENGINE’s
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`Counterclaims speaks for itself and, thus, requires no response. To the extent a response is
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`deemed required, and as to the remaining allegations, denied.
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`313. Admitted that the webpage cited in footnote 18 of IOENGINE’s Counterclaims
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`states as follows: “Our comprehensive set of developer materials include detailed SDK
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`documentation, sample code, and sample applications to help quickly and easily build your
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`mobile application” and “[a] dedicated application support team ensures that developers are
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`serviced by knowledgeable experts at Ingenico Group.” As to the remaining allegations, denied.
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`314.
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`Ingenico U.S. lacks sufficient knowledge and information to form a belief as to
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`the truth of the allegations in Paragraph 314 and, therefore, denies the same.
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`315.
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`Ingenico U.S. denies that any Ingenico products are infringing. Paragraph 315
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`also purports to be definitional and therefore does not require a response. Ingenico U.S. lacks
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`sufficient knowledge and information to form a belief as to the truth of the allegations involving
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`any third party mobile application and, thus, denies the same. To the extent a response is
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`required, Ingenico U.S. admits that the Ingenico products listed above are accused of infringing
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`the ’047, ’969, and ’703 Patents. As to the remaining allegations, denied.
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`316. Denied.
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`317. Denied.
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`318. Denied.
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`319. Denied.
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`320. Denied.
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`RLF1 20927678v.1
`
`8
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 9 of 115 PageID #: 1352
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`COUNTERCLAIM COUNT I
`(DIRECT INFRINGEMENT OF THE ’047 PATENT)
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`321.
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`Ingenico U.S. repeats, re-alleges, and incorporates by reference paragraphs 275-
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`320 as if fully set forth herein.
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`322. Paragraph 322 states a legal conclusion to which no response is required. If a
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`response is deemed required, denied.
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`323. Admitted.
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`324. Admitted as to Ingenico Inc., otherwise denied.
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`325. Admitted that Ingenico U.S. is not licensed under the ’047 Patent. As to the
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`remaining allegations, denied.
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`326. Denied.
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`327. Denied.
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`328. Denied.
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`329.
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`Ingenico U.S. denies that any Ingenico products are infringing. Paragraph 329
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`also does not require a response. To the extent a response is deemed required, denied.
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`Direct Infringement: Moby/8500 and Similar Products.
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`330. Denied.
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`331. Admitted that the Moby/8500, Moby/3000, RP750x, and RP750c are built on a
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`common platform and software development kit. The cited material speaks for itself. As to the
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`remaining allegations, denied.
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`332. Admitted that Ingenico Inc. sells and provides the PayPal Chip and Swipe Reader
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`to PayPal, Inc., and that the PayPal Chip and Swipe Reader is a Moby/3000; otherwise denied.
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`333.
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`Ingenico U.S. lacks sufficient knowledge and information to form a belief as to
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`the truth of the allegations contained in Paragraph 333 and, therefore, denies the same.
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`RLF1 20927678v.1
`
`9
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 10 of 115 PageID #: 1353
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`334. Admitted that the Moby/8500, Moby/3000, RP750x, and RP750c are portable
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`devices. As to the remaining allegations, denied.
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`335. Admitted as to the actions of Ingenico Inc. The cited material speaks for itself.
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`As to the remaining allegations, denied.
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`336. Admitted as to the actions of Ingenico Inc. The cited material speaks for itself.
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`As to the remaining allegations, denied.
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`337. Admitted that the PayPal Chip and Swipe Reader is a portable device. The
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`webpage cited in footnote 27 of IOENGINE’s Counterclaims speaks for itself and, thus, no
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`response is required. If a response is deemed required, and as to the remaining allegations,
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`Ingenico U.S. lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations in Paragraph 337, and, therefore, denies the same.
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`338. Admitted that the Moby/8500, Moby/3000, RP750x, and RP750c each contain a
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`processor. As to the remaining allegations, denied.
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`339. Admitted that the Moby/8500 contains a 32-bit ARM microcontroller. The cited
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`material speaks for itself. As to the remaining allegations, denied.
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`340. Admitted that the PayPal Chip and Swipe Reader contains an ARM STM 32F103
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`Series microprocessor. Ingenico U.S. lacks sufficient knowledge and information to form a
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`belief as to the truth of any photo or image included in IOENGINE’s Counterclaims used to
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`illustrate the internal components of the PayPal Chip and Swipe Reader as referenced in footnote
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`29, and, therefore, denies the same. As to the remaining allegations, denied.
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`341. Admitted that the Moby/8500, Moby/3000, RP750x, and RP750c and/or its
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`microcontroller unit embed volatile and nonvolatile memory, which may store executable
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`program code. As to the remaining allegations, denied.
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`RLF1 20927678v.1
`
`10
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 11 of 115 PageID #: 1354
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`342. Admitted the Moby/8500 comes preloaded with firmware and security keys. The
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`cited material speaks for itself. As to the remaining allegations, denied.
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`343. Admitted that the PayPal Chip and Swipe Reader contains 16 Kbytes to 1 Mbyte
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`of Flash and 6K to 96K SRAM memory integrated into an ARM STM 32F103 Series
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`microprocessor. As to the remaining allegations, denied.
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`344. Admitted that the Moby/8500, Moby/3000, RP750x, and RP750c contain a
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`Bluetooth communications interface configured to enable certain communication with certain
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`Apple iOS or Android devices running appropriate application software, such as the ROAMpay
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`X5 App. Admitted that said devices have a processor, a touchscreen display, and a network
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`interface. Ingenico U.S. lacks sufficient knowledge and information to form a belief as to the
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`truth of the allegations involving any third party mobile application and, thus, denies the same.
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`The cited material speaks for itself. To the extent Paragraph 344 purports to state a legal
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`conclusion regarding any claim limitation of an asserted patent, no response is required. Except
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`as expressly admitted, denied.
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`345. Admitted that the Moby/8500 supports Bluetooth 4.2 and can be paired with
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`certain devices running appropriate application software via Bluetooth. The User Guide cited in
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`footnote 32 of IOENGINE’s Counterclaims speaks for itself. To the extent Paragraph 345
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`purports to state a legal conclusion regarding any claim limitation of an asserted patent, no
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`response is required. To the extent a response is deemed required, and as to the remaining
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`allegations, denied.
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`346. Admitted that the Moby/8500 can easily connect with Bluetooth to over 300
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`different types of iOS and Android smartphones and tablets. The Datasheet cited in footnote 33
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`of IOENGINE’s Counterclaims speaks for itself. As to the remaining allegations, denied.
`
`RLF1 20927678v.1
`
`11
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 12 of 115 PageID #: 1355
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`347. Admitted that the PayPal Chip and Swipe Reader can be paired with certain
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`devices running appropriate application software via Bluetooth. The cited material speaks for
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`itself and requires no response. To the extent Paragraph 347 purports to state a legal conclusion
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`regarding any claim limitation of an asserted patent, no response is required. To the extent a
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`response is deemed required, and as to the remaining allegations, denied.
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`348. To the extent Paragraph 348 purports to state a legal conclusion regarding any
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`claim limitation of an asserted patent, no response is required. To the extent a response is
`
`deemed required, denied.
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`349. The cited material speaks for itself and requires no response. To the extent
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`Paragraph 349 purports to state a legal conclusion regarding any claim limitation of an asserted
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`patent, no response is required. To the extent a response is deemed required, denied.
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`350. Admitted that the Moby/8500 comes preloaded with firmware and can be
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`updated. The Datasheet cited in footnote 36 of IOENGINE’s Counterclaims speaks for itself.
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`As to the remaining allegations, denied.
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`351. Admitted that the Ingenico ROAMpay X5 App may present a message stating
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`“Remind Later” and “Update Now” when connected to the Moby/8500. The cited material
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`speaks for itself and requires no response. To the extent Paragraph 351 purports to state a legal
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`conclusion regarding any claim limitation of an asserted patent, no response is required. To the
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`extent a response is deemed required, except as expressly admitted, denied.
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`352.
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`Ingenico U.S. lacks sufficient knowledge and information to form a belief as to
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`the truth of Paragraph 352, including as to the truth of any photo or image included in
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`IOENGINE’s Counterclaims as referenced in footnote 38 and, thus, denies the same. The cited
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`material speaks for itself. To the extent Paragraph 352 purports to state a legal conclusion
`
`RLF1 20927678v.1
`
`12
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 13 of 115 PageID #: 1356
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`regarding any claim limitation of an asserted patent, no response is required. To the extent a
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`response is deemed required, denied.
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`353.
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`Ingenico U.S. lacks sufficient knowledge and information to form a belief as to
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`the truth of Paragraph 353, and, thus, denies the same. To the extent Paragraph 353 purports to
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`state a legal conclusion regarding any claim limitation of an asserted patent, no response is
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`required. To the extent a response is deemed required, denied.
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`354.
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`Ingenico U.S. lacks sufficient knowledge and information to form a belief as to
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`the truth of the allegations involving any third party mobile application and, thus, denies the
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`same. To the extent Paragraph 354 purports to state a legal conclusion regarding any claim
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`limitation of an asserted patent, no response is required. To the extent a response is deemed
`
`required, denied.
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`355. The cited material speaks for itself. Ingenico U.S. lacks sufficient knowledge and
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`information to form a belief as to the truth of the allegations involving any third party mobile
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`application and, thus, denies the same. To the extent Paragraph 355 purports to state a legal
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`conclusion regarding any claim limitation of an asserted patent, no response is required. To the
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`extent a response is deemed required, denied.
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`356.
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`Ingenico U.S. lacks sufficient knowledge and information to form a belief as to
`
`the truth of the allegations involving any third party mobile application and, thus, denies the
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`same. To the extent Paragraph 356 purports to state a legal conclusion regarding any claim
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`limitation of an asserted patent, no response is required. To the extent a response is deemed
`
`required, denied.
`
`357. Admitted that, while connected to the Moby/8500, Moby/3000, RP750x, or
`
`RP750c, the ROAMpay X5 app allows the user to select “Select Tender” or “Charge.” The cited
`
`RLF1 20927678v.1
`
`13
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 14 of 115 PageID #: 1357
`
`
`material speaks for itself. To the extent Paragraph 357 purports to state a legal conclusion
`
`regarding any claim limitation of an asserted patent, no response is required. To the extent a
`
`response is deemed required, denied.
`
`358. Admitted that, while connected to the Moby/8500, Moby/3000, RP750x, or
`
`RP750c, the ROAMpay X5 app may display an “Insert, Swipe, or Tap” message. The cited
`
`material speaks for itself. To the extent Paragraph 358 purports to state a legal conclusion
`
`regarding any claim limitation of an asserted patent, no response is required. To the extent a
`
`response is deemed required, denied.
`
`359. Admitted that the ROAMpay X5 App’s user interface may indicate “processing
`
`sale transaction” while a transaction is taking place while connected to the Moby/8500,
`
`Moby/3000, RP750x, or RP750c. The cited materials speak for themselves. To the extent
`
`Paragraph 359 purports to state a legal conclusion regarding any claim limitation of an asserted
`
`patent, no response is required. To the extent a response is deemed required, denied.
`
`360. Admitted that, while connected to the Moby/8500, Moby/3000, RP750x, or
`
`RP750c, the ROAMpay X5 App may display a “Payment Complete!” or “Transaction
`
`Approved” message when a transaction is complete. The cited materials speak for themselves.
`
`To the extent Paragraph 360 purports to state a legal conclusion regarding any claim limitation of
`
`an asserted patent, no response is required. To the extent a response is deemed required, except
`
`as expressly admitted, denied.
`
`361. The cited material speaks for itself. To the extent Paragraph 361 purports to state
`
`a legal conclusion regarding any claim limitation of an asserted patent, no response is required.
`
`To the extent a response is deemed required, denied.
`
`RLF1 20927678v.1
`
`14
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 15 of 115 PageID #: 1358
`
`
`362. Admitted that the Moby/8500, Moby/3000, RP750x, and RP750c must be paired
`
`via Bluetooth before performing a remote firmware update. The cited material speaks for itself.
`
`As to the remaining allegations, denied.
`
`363. Admitted that the user of a Moby/8500, Moby/3000, RP750x, or RP750c card
`
`reader can check for updates at any time by navigating to the settings menu on the ROAMpay
`
`X5 App, clicking on “Bluetooth Readers” and then “Check for Updates.” Ingenico U.S. lacks
`
`sufficient knowledge and information to form a belief as to the truth of the allegations involving
`
`any third party mobile application and, thus, denies the same. The cited material speaks for
`
`itself. To the extent Paragraph 363 purports to state a legal conclusion regarding any claim
`
`limitation of an asserted patent, no response is required. To the extent a response is deemed
`
`required, except as expressly admitted, denied.
`
`364. Admitted that the ROAMPayX5 App may display a “Remind Later” and “Update
`
`Now” message if a firmware update is available for the Moby/8500, Moby/3000, RP750x, or
`
`RP750c card readers. The cited material speaks for itself. To the extent Paragraph 364 purports
`
`to state a legal conclusion regarding any claim limitation of an asserted patent, no response is
`
`required. To the extent a response is deemed required, except as expressly admitted, denied.
`
`365.
`
`Ingenico U.S. lacks sufficient knowledge and information to form a belief as to
`
`the truth of Paragraph 365, including any image allegedly taken from an instructional video as
`
`referenced in footnote 50, and denies the same. The cited material speaks for itself. To the
`
`extent Paragraph 365 purports to state a legal conclusion regarding any claim limitation of an
`
`asserted patent, no response is required. To the extent a response is deemed required, denied.
`
`366.
`
`Ingenico U.S. lacks sufficient knowledge and information to form a belief as to
`
`the truth of Paragraph 366, and denies the same. To the extent Paragraph 366 purports to state a
`
`RLF1 20927678v.1
`
`15
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 16 of 115 PageID #: 1359
`
`
`legal conclusion regarding any claim limitation of an asserted patent, no response is required. To
`
`the extent a response is deemed required, denied.
`
`367. To the extent Paragraph 367 purports to state a legal conclusion regarding any
`
`claim limitation of an asserted patent, no response is required. To the extent a response is
`
`deemed required, denied.
`
`368. Admitted that, while connected to the Moby/8500 the ROAMpay X5 App may
`
`display a message indicating that a transaction is processing. The cited material speaks for itself.
`
`To the extent Paragraph 368 purports to state a legal conclusion regarding any claim limitation of
`
`an asserted patent, no response is required. To the extent a response is deemed required, denied.
`
`369. Admitted that, while connected to the Moby/8500 the ROAMpay X5 App may
`
`display a message indicating that a transaction has been approved. The cited material speaks for
`
`itself. To the extent Paragraph 369 purports to state a legal conclusion regarding any claim
`
`limitation of an asserted patent, no response is required. To the extent a response is deemed
`
`required, denied.
`
`370. Admitted that, while connected to the Moby/8500, Moby/3000, RP750x, or
`
`RP750c, the ROAMpay X5 App may display a message indicating the completed installation of
`
`a firmware update. The cited material speaks for itself. To the extent Paragraph 370 purports to
`
`state a legal conclusion regarding any claim limitation of an asserted patent, no response is
`
`required. To the extent a response is deemed required, denied.
`
`371.
`
`Ingenico U.S. lacks sufficient knowledge and information to form a belief as to
`
`the truth of the allegations in Paragraph 371, and, therefore, denies the same. The cited material
`
`speaks for itself. To the extent Paragraph 371 purports to state a legal conclusion regarding any
`
`RLF1 20927678v.1
`
`16
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 17 of 115 PageID #: 1360
`
`
`claim limitation of an asserted patent, no response is required. To the extent a response is
`
`deemed required, denied.
`
`372.
`
`Ingenico U.S. lacks sufficient knowledge and information to form a belief as to
`
`the truth of the allegations in Paragraph 372, and, therefore, denies the same. The cited material
`
`speaks for itself. To the extent Paragraph 372 purports to state a legal conclusion regarding any
`
`claim limitation of an asserted patent, no response is required. To the extent a response is
`
`deemed required, denied.
`
`373. Admitted that the Moby/8500, Moby/3000, RP750x, and RP750c card readers are
`
`capable of communicating with certain devices running appropriate application software, such as
`
`the ROAMpay X5 App. Admitted that said devices have a network interface, and said devices
`
`are capable of communicating with a network. Ingenico U.S. lacks sufficient knowledge and
`
`information to form a belief as to the truth of the allegations involving any third party mobile
`
`application and, thus, denies the same. The cited material speaks for itself. To the extent
`
`Paragraph 373 purports to state a legal conclusion regarding any claim limitation of an asserted
`
`patent, no response is required. To the extent a response is deemed required, except as expressly
`
`admitted, denied.
`
`Direct Infringement: G5X Mobile Card Reader and Similar Products.
`
`374. Denied.
`
`375. Denied.
`
`376. Admitted that Ingenico Inc. sells and provides the PayPal Mobile Card Reader to
`
`PayPal, Inc., and that the PayPal Mobile Card Reader is a G4X; otherwise denied.
`
`377.
`
`Ingenico U.S. lacks sufficient knowledge and information to form a belief as to
`
`the truth of the allegations contained in Paragraph 377 and, therefore, denies the same.
`
`RLF1 20927678v.1
`
`17
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2035
`
`

`

`Case 1:18-cv-00826-WCB Document 68 Filed 03/11/19 Page 18 of 115 PageID #: 1361
`
`
`378. Admitted that the G5X, G4X, G3X, G2Card, and ROAMpay Swiper are portab