Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 1 of 67 Page ID #:1565
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`George C. Lombardi (pro hac vice)
`glombardi@winston.com
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601-9703
`Telephone: (312) 558-5600
`Facsimile:
`(312) 558-5700
`E. Danielle T. Williams (pro hac vice)
`dwilliams@winston.com
`WINSTON & STRAWN LLP
`300 South Tryon Street, 16th Floor
`Charlotte, NC 28202
`Telephone: (704) 350-7700
`Facsimile:
`(704) 350-7800
`Michael S. Elkin (pro hac vice)
`melkin@winston.com
`WINSTON & STRAWN LLP
`200 Park Avenue
`New York, NY 10166
`Telephone: (212) 294-6700
`Facsimile: (212) 294-4700
`
`Dustin J. Edwards (pro hac vice)
`dedwards@winston.com
`WINSTON & STRAWN LLP
`800 Capital St., Suite 2400
`Houston, TX 77002-2925
`Telephone: (713) 651-2600
`Facsimile:
`(713) 651-2700
`Michael A. Tomasulo (SBN: 179389)
`mtomasulo@winston.com
`WINSTON & STRAWN LLP
`333 S. Grand Avenue, 38th Floor
`Los Angeles, CA 90071-1543
`Telephone: (213) 615-1700
`Facsimile:
`(213) 615-1750
`
`Attorneys for Defendants
`BANK OF AMERICA CORPORATION AND
`BANK OF AMERICA, N.A.
`
`UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`NANTWORKS, LLC, a Delaware
`limited liability company, and NANT
`HOLDINGS IP, LLC, a Delaware
`limited liability company,
`Plaintiffs and Counter-
`Defendants,
`
`vs.
`BANK OF AMERICA
`CORPORATION a Delaware
`corporation, and BANK OF
`AMERICA, N.A., a national banking
`association,
`
`Defendants and Counter-
`Plaintiffs.
`
`Case No. 2:20-cv-07872-GW-PVC
`DEFENDANTS BANK OF AMERICA
`CORPORATION AND BANK OF
`AMERICA, N.A.’S ANSWER TO
`FIRST AMENDED COMPLAINT,
`AFFIRMATIVE DEFENSES, AND
`COUNTERCLAIMS
`JURY DEMAND
`Complaint Filed: 8/27/2020
`
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 1 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 2 of 67 Page ID #:1566
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`DEFENDANTS’ ANSWER TO PLAINTIFFS’ FIRST AMENDED
`COMPLAINT
`Defendants Bank of America Corporation (“BAC”) and Bank of America, N.A.
`(“BANA”) (together “Defendants”) hereby submit their Answer to Plaintiffs
`Nantworks, LLC and Nant Holdings IP, LLC’s (together “NantWorks”) First Amended
`Complaint (“FAC”) in the above-captioned matter by admitting, denying, and alleging
`as follows:
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 1:
`1.
`On information and belief, Defendants admit the allegations set forth in
`Paragraph 1.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 2:
`2.
`On information and belief, Defendants admit the allegations set forth in
`Paragraph 2.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 3:
`3.
`Defendants admit the allegations in Paragraph 3.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 4:
`4.
`Defendants admit that Bank of America, N.A. is a federally chartered
`national banking association organized and existing under the laws of the United States
`and an indirect wholly owned subsidiary of Bank of America Corporation with its
`principal place of business at Bank of America Corporate Center, 100 N. Tryon Street,
`Charlotte, NC 28255. Except as admitted, the allegations in Paragraph 4 are denied.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 5:
`5.
`Defendants admit that this action purports to assert claims for patent
`infringement arising under the patent laws of the United States, 35 U.S.C. § 1 et seq.
`Defendants deny that Defendants have committed any acts of patent infringement in the
`United States or anywhere else and that NantWorks is entitled to any relief against
`Defendants, including the relief requested in the FAC. Except as expressly admitted,
`Defendants deny all remaining allegations in Paragraph 5.
`1
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 2 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 3 of 67 Page ID #:1567
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`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 6:
`6.
`Pursuant to the Court’s Order (Dkt. 98) dismissing Plaintiffs’ copyright
`claim, no response is required to Paragraph 6.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 7:
`7.
`Defendants admit that this action purports to assert claims for trade secret
`misappropriation arising under the Defend Trade Secrets Act of 2016, 18 U.S.C. § 1836
`et seq. Defendants deny that Defendants have committed any acts of trade secret
`misappropriation in the United States or anywhere else and that NantWorks is entitled
`to any relief against Defendants, including the relief requested in the FAC. Except as
`expressly admitted, Defendants deny all remaining allegations in Paragraph 7.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 8:
`8.
`Defendants admit that this Court has subject matter jurisdiction over patent
`law claims and claims under the Defend Trade Secrets Act of 2016. Except as expressly
`admitted, Defendants deny all remaining allegations in Paragraph 8.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 9:
`9.
`Defendants admit that 28 U.S.C. § 1367(a) may apply to any state law
`claims. Except as expressly admitted, Defendants deny all remaining allegations in
`Paragraph 9.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 10:
`10. NantWorks’s statements regarding personal jurisdiction in Paragraph 10
`are legal conclusions to which no response is required. Defendants deny that they have
`committed any acts of infringement or misappropriation within this judicial district, the
`State of California, or elsewhere in the United States. BANA admits that it operates
`bank branches and ATMs in this judicial district and in the State of California. BANA
`admits that it has customers who reside in this judicial district and in the State of
`California, and these customers may elect to use bank branches, ATMs, online banking,
`and mobile banking. BAC denies it is a proper party to this litigation because it is a
`holding company that provides no banking services or products, other than through its
`2
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 3 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 4 of 67 Page ID #:1568
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`subsidiaries. Except as expressly admitted, Defendants deny all remaining allegations
`in Paragraph 10.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 11:
`11. Defendants deny that they have committed any acts of infringement within
`this judicial district, the State of California, or elsewhere in the United States. BANA
`admits that it has customers who reside in this judicial district and in the State of
`California, and these customers may elect to use mobile banking, including mobile
`check deposit. BAC denies that it is a proper party to this litigation because it is a
`holding company that provides no banking services or products, other than through its
`subsidiaries. Except as expressly admitted, Defendants deny all remaining allegations
`in Paragraph 11.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 12:
`12. NantWorks’s statement regarding venue in Paragraph 12 is a legal
`conclusion to which no response is required. To the extent a response is required,
`Defendants deny that they have committed any acts of infringement within this judicial
`district, the State of California, or elsewhere in the United States. While Defendants do
`not contest that venue is proper in this judicial district, venue is not convenient for
`Defendants and their witnesses, and Defendants reserve the right to seek transfer
`pursuant to 28 U.S.C. § 1404. Defendants deny the remaining allegations in
`Paragraph 12.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 13:
`13. The allegations of Paragraph 13 constitute characterizations of
`NantWorks’s FAC to which no response is required. To the extent a response is
`required, Defendants deny that they have committed any acts of infringement,
`unauthorized use, or misappropriation of any technology within this judicial district, the
`State of California, or elsewhere in the United States. The Defendants deny any
`remaining allegations of Paragraph 13.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 14:
`3
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 4 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 5 of 67 Page ID #:1569
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`14. Defendants admit that Matt Calman saw NantWorks demonstrate
`technology. Defendants also admit that BANA and NantWorks entered into agreements,
`which speak for themselves. BAC was not a party to any agreements with NantWorks.
`Defendants lack knowledge or information sufficient to form a belief as to the truth of
`the allegations contained in footnote 1, and on that basis deny each and every allegation
`contained therein. Except as expressly admitted, Defendants deny all remaining
`allegations in Paragraph 14.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 15:
`15. Defendants respond that the agreements between BANA and NantWorks
`speak for themselves and refer to those writings for a complete statement of their terms.
`BAC was not a party to any agreements with NantWorks. Except as expressly admitted,
`the allegations in Paragraph 15 are denied.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 16:
`16. The allegations in Paragraph 16 are denied.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 17:
`17. Defendants lack knowledge or information sufficient to form a belief as to
`the truth of the allegations contained in Paragraph 17, and on that basis deny each and
`every allegation contained therein.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 18:
`18. Defendants admit the first iPhone was introduced in 2007. Except as
`expressly admitted, Defendants lack knowledge or information sufficient to form a
`belief as to the truth of the allegations contained in Paragraph 18 and footnote 2, and on
`that basis deny each and every remaining allegation contained therein.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 19:
`19. Defendants lack knowledge or information sufficient to form a belief as to
`the truth of the allegations contained in Paragraph 19, and on that basis deny each and
`every allegation contained therein.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 20:
`4
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 5 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 6 of 67 Page ID #:1570
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`20. Defendants admit the first iPhone was introduced in 2007. Defendants
`admit that an article entitled “America’s Biggest Banks Are Closing Hundreds of
`Branches” can be found at: https://www.businessinsider.com/bank-branches-around-
`the-world-are-shrinking-in-favor-of-digital-models-2016-10, and that article speaks for
`itself. Defendants admit that Bank of America Corporation held an investor conference
`call on April 16, 2019 and that at least one third-party posted what purports to be a
`transcript of the April 16, 2019 earnings call. Defendants lack knowledge or
`information sufficient to form a belief as to the truth or accuracy of the transcript
`referenced in footnote 4, and on that basis deny each and every allegation contained in
`footnote 4. Except as expressly admitted, Defendants deny any remaining allegations in
`Paragraph 20.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 21:
`21. Defendants admit that Matt Calman saw NantWorks demonstrate
`technology. Except as expressly admitted, Defendants deny all remaining allegations in
`Paragraph 21.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 22:
`22. Defendants deny the allegations in Paragraph 22.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 23:
`23. Defendants respond that the agreements between BANA and NantWorks
`speak for themselves and refer to those writings for a complete statement of their terms.
`BAC did not enter into any agreements with NantWorks. Except as expressly admitted,
`Defendants deny all remaining allegations in Paragraph 23.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 24:
`24. Defendants respond that a collaboration agreement dated October 31, 2011
`between BANA and NantWorks speaks for itself and refer to that writing for a complete
`statement of its terms. BAC did not enter into any agreements with NantWorks. Except
`as expressly admitted, Defendants deny all remaining allegations in Paragraph 24.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 25:
`5
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 6 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 7 of 67 Page ID #:1571
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`25. Defendants admit that in November 2011, BANA and NantWorks met to
`discuss next steps under a collaboration agreement, including identifying initial
`concepts for collaboration. “Advanced Mobile Deposit Capture” was one such concept.
`Except as expressly admitted, Defendants deny the allegations contained in
`Paragraph 25.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 26:
`26. Defendants deny the allegations in Paragraph 26.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 27:
`27. Defendants deny the allegations in Paragraph 27.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 28:
`28. Defendants admit that in June 2012 BANA performed testing. Except as
`expressly admitted, Defendants deny all remaining allegations in Paragraph 28.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 29:
`29. Defendants deny the allegations in Paragraph 29.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 30:
`30. Defendants admit BANA and NantWorks communicated in 2012, and to
`the extent those communication were by email, those emails speak for themselves.
`Except as expressly admitted, Defendants deny the allegations in Paragraph 30.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 31:
`31. Defendants respond that the agreements between BANA and NantWorks
`speak for themselves and refer to those writings for a complete statement of their terms.
`BAC did not enter into any agreements with NantWorks. Except as expressly admitted,
`Defendants deny any remaining allegations in Paragraph 31.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 32:
`32. Defendants deny the allegations in Paragraph 32.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 33:
`33. Defendants respond that the agreements between BANA and NantWorks
`speak for themselves and refer to those writings for a complete statement of their terms.
`6
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 7 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 8 of 67 Page ID #:1572
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`BAC did not enter into any agreements with NantWorks. At all times, BANA has
`complied with its agreements with NantWorks, and accordingly Defendants deny any
`allegation they failed to honor their agreements with NantWorks. Except as expressly
`admitted, Defendants deny any remaining allegations in Paragraph 33.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 34:
`34. Defendants deny the allegations in Paragraph 34.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 35:
`35. Defendants deny the allegations in Paragraph 35.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 36:
`36. Defendants deny the allegations in Paragraph 36.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 37:
`37. Defendants deny the allegations in Paragraph 37.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 38:
`38. Defendants deny the allegations in Paragraph 38.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 39:
`39. Defendants admit that footnotes 6 through 8 include internet cites to press
`releases, and those press releases speak for themselves. Defendants admit that Bank of
`America Corporation held an investor conference call on April 16, 2019 and that at least
`one third-party posted what purports to be a transcript of the April 16, 2019 earnings
`call. Defendants lack knowledge or information sufficient to form a belief as to the
`truth or accuracy of the transcript referenced in footnote 9, and on that basis deny each
`and every allegation contained in footnote 9. Except as expressly admitted, Defendants
`deny any remaining allegations in Paragraph 39.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 40:
`40. Defendants lack knowledge or information sufficient to form a belief as to
`the truth of the allegations contained in Paragraph 40, and on that basis deny each and
`every allegation contained therein.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 41:
`7
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 8 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 9 of 67 Page ID #:1573
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`41. Defendants admit that according to the face of the document, U.S. Patent
`No. 7,881,529 (the “’529 patent”) issued on February 1, 2011 and is entitled “Data
`capture and identification system and process.” Defendants further state that Exhibit A
`speaks for itself, and therefore, no response is required to allegations concerning its
`contents. Except as expressly admitted, Defendants deny all remaining allegations in
`Paragraph 41.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 42:
`42. Defendants admit that according to the face of the document, U.S. Patent
`No. 7,899,252 (the “’252 patent”) issued on March 1, 2011 and is entitled “Object
`information derived from object images.” Defendants further state that Exhibit B
`speaks for itself, and therefore, no response is required to allegations concerning its
`contents. Except as expressly admitted, Defendants deny all remaining allegations in
`Paragraph 42.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 43:
`43. Defendants admit that according to the face of the document, U.S. Patent
`No. 8,326,038 (the “’038 patent”) issued on December 4, 2012 and is entitled “Object
`information derived from object images.” Defendants further state that Exhibit C
`speaks for itself, and therefore, no response is required to allegations concerning its
`contents. Except as expressly admitted, Defendants deny all remaining allegations in
`Paragraph 43.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 44:
`44. Defendants admit that according to the face of the document, U.S. Patent
`No. 8,463,030 (the “’030 patent”) issued on June 11, 2013 and is entitled “Image
`capture and identification system and process.” Defendants further state that Exhibit D
`speaks for itself, and therefore, no response is required to allegations concerning its
`contents. Except as expressly admitted, Defendants deny all remaining allegations in
`Paragraph 44.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 45:
`8
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 9 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 10 of 67 Page ID #:1574
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`45. Defendants admit that according to the face of the document, U.S. Patent
`No. 8,478,036 (the “’036 patent”) issued on July 2, 2013 and is entitled “Image capture
`and identification system and process.” Defendants further state that Exhibit E speaks
`for itself, and therefore, no response is required to allegations concerning its contents.
`Except as expressly admitted, Defendants deny all remaining allegations in
`Paragraph 45.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 46:
`46. Defendants admit that according to the face of the document, U.S. Patent
`No. 8,520,897 (the “’897 patent”) issued on August 27, 2013 and is entitled “Object
`information derived from object images.” Defendants further state that Exhibit F speaks
`for itself, and therefore, no response is required to allegations concerning its contents.
`Except as expressly admitted, Defendants deny all remaining allegations in
`Paragraph 46.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 47:
`47. Defendants admit that according to the face of the document, U.S. Patent
`No. 9,031,278 (the “’278 patent”) issued on May 12, 2015 and is entitled “Image
`capture and identification system and process.” Defendants further state that Exhibit G
`speaks for itself, and therefore, no response is required to allegations concerning its
`contents. Except as expressly admitted, Defendants deny all remaining allegations in
`Paragraph 47.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 48:
`48. Defendants admit that according to the face of the document, U.S. Patent
`No. 9,324,004 (the “’004 patent”) issued on April 26, 2016 and is entitled “Image
`capture and identification system and process.” Defendants further state that Exhibit H
`speaks for itself, and therefore, no response is required to allegations concerning its
`contents. Except as expressly admitted, Defendants deny all remaining allegations in
`Paragraph 48.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 49:
`9
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 10 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 11 of 67 Page ID #:1575
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`49. Defendants admit that the face of the Asserted Patents identify Wayne C.
`Boncyk and Ronald H. Cohen as the inventors. Defendants further state that the
`Asserted Patents speak for themselves, and therefore, no response is required to
`allegations concerning their content. Except as expressly admitted, Defendants deny
`all remaining allegations in Paragraph 49.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 50:
`50. Defendants deny the allegations in Paragraph 50.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 51:
`51. Defendants deny the allegations in Paragraph 51.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 52:
`52. Defendants lack knowledge or information sufficient to form a belief as to
`the truth of the allegations contained in Paragraph 52, and on that basis deny each and
`every allegation contained therein.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 53:
`53. Defendants deny the allegations in Paragraph 53.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 54:
`54. Defendants admit BANA offers Bank of America Mobile Banking, a
`mobile banking application, to its customers with United States-based consumer
`checking or savings accounts for download, through which customers may deposit
`checks. Except as expressly admitted, Defendants deny the allegations in Paragraph 54.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 55:
`55. Defendants deny the allegations of Paragraph 55.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 56:
`56. Defendants admit BANA and NantWorks exchanged information in
`November 2011 subject to the agreements between BANA and NantWorks, including
`the confidentiality provisions. Defendants admit that the ’529 and ’252 patents are
`disclosed in an Information Disclosure Statement dated January 1, 2012. Except as
`expressly admitted, Defendants deny the remaining allegations in Paragraph 56.
`10
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 11 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 12 of 67 Page ID #:1576
`
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`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 57:
`57. Defendants lack knowledge or information sufficient to form a belief as to
`the truth of the allegations contained in Paragraph 57, and on that basis deny each and
`every allegation contained therein.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 58:
`58. Defendants admit that on July 23, 2018, representatives for NantWorks
`met with representatives for BANA. Except as expressly admitted, Defendants deny all
`remaining allegations in Paragraph 58.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 59:
`59. Defendants deny that Defendants have committed any acts of unlawful
`misappropriation or use of any intellectual property and deny any breach of any
`contractual obligations. Defendants admit that Nantworks and BANA attended in-
`person meetings to discuss NantWorks’s claims. Defendants admit that the parties were
`unable to reach a resolution. Except as expressly admitted, Defendants deny all
`remaining allegations in Paragraph 59.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 60:
`60. Defendants deny that Defendants have committed any acts of unlawful use
`of any intellectual property and deny any breach of any contractual obligations.
`Defendants deny all remaining allegations in Paragraph 60.
`COUNT I
`
`Infringement of United States Patent No. 7,881,529
`
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 61:
`61. Defendants incorporate by reference their responses to each and every
`allegation contained in all the foregoing paragraphs as if set forth fully herein.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 62:
`62. Defendants deny the allegations of Paragraph 62.
`
`11
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 12 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 13 of 67 Page ID #:1577
`
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`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 63:
`63. Defendants admit that Paragraph 63 accurate quotes claim 1 of the ’529
`patent. Except as expressly admitted, Defendants deny all remaining allegations of
`Paragraph 63.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 64:
`64. Defendants admit that BANA offers Bank of America Mobile Banking, a
`mobile banking application, to its customers with United States-based consumer
`checking or savings accounts for download, through which customers may deposit
`checks. Except as expressly admitted, Defendants deny all remaining allegations of
`Paragraph 64.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 65:
`65. Defendants deny the allegations of Paragraph 65.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 66:
`66. Defendants deny the allegations of Paragraph 66.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 67:
`67. Defendants deny the allegations of Paragraph 67.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 68:
`68. Defendants deny the allegations of Paragraph 68.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 69:
`69. Defendants admit that the ’529 and ’252 patents are disclosed in an
`Information Disclosure Statement dated January 1, 2012. Except as expressly admitted,
`Defendants deny the remaining allegations of Paragraph 69.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 70:
`70. Defendants deny the allegations of Paragraph 70, including footnote 10.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 71:
`71. Defendants deny the allegations of Paragraph 71.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 72:
`72. Defendants deny the allegations of Paragraph 72.
`12
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 13 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 14 of 67 Page ID #:1578
`
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`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 73:
`73. Defendants deny the allegations of Paragraph 73.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 74:
`74. Defendants deny the allegations of Paragraph 74.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 75:
`75. Defendants deny the allegations of Paragraph 75.
`COUNT II
`Infringement of United States Patent No. 7,899,252
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 76:
`76. Defendants incorporate by reference their responses to each and every
`allegation contained in all the foregoing paragraphs as if set forth fully herein.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 77:
`77. Defendants deny the allegations of Paragraph 77.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 78:
`78. Defendants admit that Paragraph 78 accurately quotes claim 18 of the ’252
`patent. Except as expressly admitted, Defendants deny all remaining allegations of
`Paragraph 78.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 79:
`79. Defendants admit that BANA offers Bank of America Mobile Banking, a
`mobile banking application, to its customers with United States-based consumer
`checking or savings accounts for download, through which customers may deposit
`checks. Except as expressly admitted, Defendants deny all remaining allegations of
`Paragraph 79.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 80:
`80. Defendants deny the allegations of Paragraph 80.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 81:
`81. Defendants deny the allegations of Paragraph 81.
`
`13
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 14 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 15 of 67 Page ID #:1579
`
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`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 82:
`82. Defendants deny the allegations of Paragraph 82.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 83:
`83. Defendants deny the allegations of Paragraph 83.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 84:
`84. Defendants deny the allegations of Paragraph 84.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 85:
`85. Defendants admit that the ’529 and ’252 patents are disclosed in an
`Information Disclosure Statement dated January 1, 2012. Except as expressly admitted,
`Defendants deny the remaining allegations of Paragraph 85.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 86:
`86. Defendants deny the allegations of Paragraph 86.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 87:
`87. Defendants deny the allegations of Paragraph 87.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 88:
`88. Defendants deny the allegations of Paragraph 88.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 89:
`89. Defendants deny the allegations of Paragraph 89.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 90:
`90. Defendants deny the allegations of Paragraph 90.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 91:
`91. Defendants deny the allegations of Paragraph 91.
`COUNT III
`Infringement of United States Patent No. 8,326,038
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 92:
`92. Defendants incorporate by reference their responses to each and every
`allegation contained in all the foregoing paragraphs as if set forth fully herein.
`
`14
`DEFENDANTS BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A.’S
`ANSWER TO FIRST AMENDED COMPLAINT
`
`
`
`BANK OF AMERICA
`
`IPR2021-01080
`
`Ex. 1015, p. 15 of 67
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 99 Filed 03/26/21 Page 16 of 67 Page ID #:1580
`
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`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 93:
`93. Defendants deny the allegations of Paragraph 93.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 94:
`94. Defendants admit that Paragraph 94 accurately quotes claim 1 of the ’038
`patent. Except as expressly admitted, Defendants deny all remaining allegations of
`Paragraph 94.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 95:
`95. Defendants admit that BANA offers Bank of America Mobile Banking, a
`mobile banking application, to its customers with United States-based consumer
`checking or savings accounts for download, through which customers may deposit
`checks. Except as expressly admitted, Defendants deny all remaining allegations of
`Paragraph 95.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 96:
`96. Defendants deny the allegations of Paragraph 96.
`ANSWER TO PLAINTIFFS’ ALLEGATION NO. 97:
`97. Defend