Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 1 of 17
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`STRATOSAUDIO, INC.,
`
`Plaintiff,
`
`v.
`
`HYUNDAI MOTOR AMERICA,
`
`Defendant.
`
`Case No. 6:20-CV-01125-ADA
`
`JURY TRIAL DEMANDED
`
`HYUNDAI MOTOR AMERICA’S ANSWER AND AFFIRMATIVE DEFENSES TO
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Defendant Hyundai Motor America (“HMA”), by and through the undersigned attorneys,
`
`for their Answer and Affirmative Defenses to the Complaint for Patent Infringement filed on
`
`December 11, 2020 by Plaintiff StratosAudio, Inc. (“Plaintiff” or “StratosAudio”), admit and
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`deny as follows. Except as hereinafter specifically admitted, qualified, or affirmatively alleged,
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`HMA denies each and every allegation, matter, or thing contained in the Complaint and states in
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`response to each of the numbered paragraphs of said Complaint as follows:
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`INTRODUCTION
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`1.
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`HMA denies each and every allegation set forth in Paragraph 1, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`PARTIES
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`2.
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`HMA is without information sufficient to form a belief as to the truth of the
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`allegations of Paragraph 2, and on that basis denies them.
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`3.
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`HMA is without information sufficient to form a belief as to the truth of the
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`allegations of Paragraph 3, and on that basis denies them.
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 1 of 17
`
`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 2 of 17
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`4.
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`HMA is without information sufficient to form a belief as to the truth of the
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`allegations of Paragraph 4, and on that basis denies them.
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`5.
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`HMA is without information sufficient to form a belief as to the truth of the
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`allegations of Paragraph 5, and on that basis denies them.
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`6.
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`HMA is without information sufficient to form a belief as to the truth of the
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`allegations of Paragraph 6, and on that basis denies them.
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`7.
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`HMA admits that HMA is a California corporation with a principal place of
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`business in Fountain Valley, California. HMA admits that it is registered to do business in the
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`State of Texas and has been since May 13, 1986. Except as admitted, HMA denies each and
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`every remaining allegation in Paragraph 7.
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`JURISDICTION AND VENUE
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`8.
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`HMA admits, for purposes of this action only, that this Court has subject matter
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`jurisdiction over Plaintiff’s claims made pursuant to 28 U.S.C. §§ 1331 and 1338(a). Except as
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`admitted, HMA denies each and every remaining allegation in Paragraph 8, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`9.
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`HMA admits, for purposes of this action only, that this Court has specific
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`personal jurisdiction over HMA. Except as admitted, HMA denies each and every remaining
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`allegation in Paragraph 9, and specifically denies that it has committed or is committing any act
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`of patent infringement of any kind.
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`10.
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`11.
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`HMA denies each and every allegation set forth in Paragraph 10.
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`HMA admits that it has contractual franchise agreements with independent,
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`separately owned dealerships in this judicial district that authorize the use and display of HMA
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`trademarks, trade name, and other intellectual property associated with the distribution and sale
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`2
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 2 of 17
`
`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 3 of 17
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`of automobiles and provision of related services. Except as admitted, HMA denies each and
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`every remaining allegation in Paragraph 11.
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`12.
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`HMA admits that its website allows users to enter their zip code and in response
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`displays to a website user vehicles available in the inventory of franchised dealerships in that zip
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`code area or nearest to that zip code area, and the website also identifies franchised dealerships
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`in or nearest to that zip code area. Except as admitted, HMA denies each and every remaining
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`allegation set forth in Paragraph 12.
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`13.
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`HMA admits that new vehicles bearing the Hyundai trademark that are sold at
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`HMA’s franchised dealerships in this district come with a warranty, and that retail purchasers
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`can receive warranty and vehicle safety recall service from franchised dealerships in this judicial
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`district. HMA admits that it informs some retail purchasers of new vehicles bearing the Hyundai
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`trademark of vehicle safety recalls and directs those purchasers to franchised dealerships for a
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`warranty repair. Except as admitted, HMA denies each and every remaining allegation in
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`Paragraph 13.
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`14.
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`HMA admits that it operates a “Certified Pre-Owned Hyundai vehicles” program
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`that establishes criteria for certification of vehicles. Except as admitted, HMA denies each and
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`every remaining allegation of Paragraph 14.
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`COUNT I
`ALLEGED INFRINGEMENT OF THE ’081 PATENT
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`15.
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`HMA incorporates by reference its responses to Plaintiff’s allegations in
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`Paragraphs 1 through 14 as if specifically set forth herein. Except as expressly admitted, HMA
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`denies each and every allegation set forth in Paragraph 15.
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`16.
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`HMA admits that a document purporting to be U.S. Patent No. 8,166,081 (the
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`“’081 Patent”) is attached to the Complaint as Exhibit 1, and that Exhibit 1 bears the title of
`
`
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`3
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 3 of 17
`
`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 4 of 17
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`“System and Method for Advertisement Transmission and Display,” and states that it issued on
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`April 24, 2012. HMA is without information sufficient to form a belief as to the truth of the
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`remaining allegations of Paragraph 16, and on that basis denies them.
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`17.
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`HMA denies each and every allegation set forth in Paragraph 17, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`18.
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`HMA denies each and every allegation set forth in Paragraph 18, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`19.
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`HMA denies each and every allegation set forth in Paragraph 19, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`20.
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`HMA denies each and every allegation set forth in Paragraph 20, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`21.
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`HMA admits that Appendix A to the Complaint alleges infringement by various
`
`vehicles of a claim of the ’081 Patent. Except as admitted, HMA denies each and every
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`allegation set forth in Paragraph 21, and specifically denies that it has committed or is
`
`committing any act of patent infringement of any kind.
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`22.
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`HMA denies each and every allegation set forth in Paragraph 22, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`23.
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`HMA denies each and every allegation set forth in Paragraph 23, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`24.
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`HMA denies each and every allegation set forth in Paragraph 24, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`
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`4
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 4 of 17
`
`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 5 of 17
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`COUNT II
`ALLEGED INFRINGEMENT OF THE ’028 PATENT
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`25.
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`HMA incorporates by reference its responses to Plaintiff’s allegations in
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`Paragraphs 1 through 24 as if specifically set forth herein. Except as expressly admitted, HMA
`
`denies each and every allegation set forth in Paragraph 25.
`
`26.
`
`HMA admits that a document purporting to be U.S. Patent No. 8,688,028 (the
`
`“’028 Patent”) is attached to the Complaint as Exhibit 2, and that Exhibit 2 bears the title of
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`“Broadcast Response System,” and states that it issued on April 1, 2014. HMA is without
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`information sufficient to form a belief as to the truth of the remaining allegations of Paragraph
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`26, and on that basis denies them.
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`27.
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`HMA denies each and every allegation set forth in Paragraph 27, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`28.
`
`HMA denies each and every allegation set forth in Paragraph 28, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`29.
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`HMA denies each and every allegation set forth in Paragraph 29, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`30.
`
`HMA denies each and every allegation set forth in Paragraph 30, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`31.
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`HMA admits that Appendix B to the Complaint alleges infringement by various
`
`vehicles of a claim of the ’028 Patent. Except as admitted, HMA denies each and every
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`allegation set forth in Paragraph 31, and specifically denies that it has committed or is
`
`committing any act of patent infringement of any kind.
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`32.
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`HMA denies each and every allegation set forth in Paragraph 32, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`
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`5
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 5 of 17
`
`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 6 of 17
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`33.
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`HMA denies each and every allegation set forth in Paragraph 33, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`34.
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`HMA denies each and every allegation set forth in Paragraph 34, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`COUNT III
`ALLEGED INFRINGEMENT OF THE ’307 PATENT
`
`35.
`
`HMA incorporates by reference its responses to Plaintiff’s allegations in
`
`Paragraphs 1 through 34 as if specifically set forth herein. Except as expressly admitted, HMA
`
`denies each and every allegation set forth in Paragraph 35.
`
`36.
`
`HMA admits that a document purporting to be U.S. Patent No. 8,903,307 (the
`
`“’307 Patent”) is attached to the Complaint as Exhibit 3, and that Exhibit 3 bears the title of
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`“Broadcast Response System,” and states that it issued on December 2, 2014. HMA is without
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`information sufficient to form a belief as to the truth of the remaining allegations of Paragraph
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`36, and on that basis denies them.
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`37.
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`HMA denies each and every allegation set forth in Paragraph 37, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`38.
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`HMA denies each and every allegation set forth in Paragraph 38, and specifically
`
`denies that it has committed or is committing any act of patent infringement of any kind.
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`39.
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`HMA denies each and every allegation set forth in Paragraph 39, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`40.
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`HMA denies each and every allegation set forth in Paragraph 40, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`41.
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`HMA admits that Appendix C to the Complaint alleges infringement by various
`
`vehicles of a claim of the ’307 Patent. Except as admitted, HMA denies each and every
`
`
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`6
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 6 of 17
`
`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 7 of 17
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`allegation set forth in Paragraph 41, and specifically denies that it has committed or is
`
`committing any act of patent infringement of any kind.
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`42.
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`HMA denies each and every allegation set forth in Paragraph 42, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`43.
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`HMA denies each and every allegation set forth in Paragraph 43, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`44.
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`HMA denies each and every allegation set forth in Paragraph 44, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`COUNT IV
`ALLEGED INFRINGEMENT OF THE ’843 PATENT
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`45.
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`HMA incorporates by reference its responses to Plaintiff’s allegations in
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`Paragraphs 1 through 44 as if specifically set forth herein. Except as expressly admitted, HMA
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`denies each and every allegation set forth in Paragraph 45.
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`46.
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`HMA admits that a document purporting to be U.S. Patent No. 9,584,843 (the
`
`“’843 Patent”) is attached to the Complaint as Exhibit 4, and that Exhibit 4 bears the title of
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`“Systems, Methods, and Devices for Scanning Broadcasts,” and states that it issued on February
`
`28, 2017. HMA is without information sufficient to form a belief as to the truth of the remaining
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`allegations of Paragraph 46, and on that basis denies them.
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`47.
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`HMA denies each and every allegation set forth in Paragraph 47, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`48.
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`HMA denies each and every allegation set forth in Paragraph 48, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`49.
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`HMA denies each and every allegation set forth in Paragraph 49, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`
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`7
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 7 of 17
`
`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 8 of 17
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`50.
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`HMA denies each and every allegation set forth in Paragraph 50, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`51.
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`HMA admits that Appendix D to the Complaint alleges infringement by various
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`vehicles of a claim of the ’843 Patent. Except as admitted, HMA denies each and every
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`allegation set forth in Paragraph 51, and specifically denies that it has committed or is
`
`committing any act of patent infringement of any kind.
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`52.
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`HMA denies each and every allegation set forth in Paragraph 52, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`53.
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`HMA denies each and every allegation set forth in Paragraph 53, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`54.
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`HMA denies each and every allegation set forth in Paragraph 54, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`COUNT V
`ALLEGED INFRINGEMENT OF THE ’203 PATENT
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`55.
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`HMA incorporates by reference its responses to Plaintiff’s allegations in
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`Paragraphs 1 through 54 as if specifically set forth herein. Except as expressly admitted, HMA
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`denies each and every allegation set forth in Paragraph 55.
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`56.
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`HMA admits that a document purporting to be U.S. Patent No. 8,200,203 (the
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`“’203 Patent”) is attached to the Complaint as Exhibit 5, and that Exhibit 5 bears the title of
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`“Broadcast Response Method and System,” and states that it issued on June 12, 2012. HMA is
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`without information sufficient to form a belief as to the truth of the remaining allegations of
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`Paragraph 56, and on that basis denies them.
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`57.
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`HMA denies each and every allegation set forth in Paragraph 57, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`
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`8
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 8 of 17
`
`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 9 of 17
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`58.
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`HMA denies each and every allegation set forth in Paragraph 58, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`59.
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`HMA denies each and every allegation set forth in Paragraph 59, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`60.
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`HMA denies each and every allegation set forth in Paragraph 60, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`61.
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`HMA admits that Appendix E to the Complaint alleges infringement by various
`
`vehicles of a claim of the ’203 Patent. Except as admitted, HMA denies each and every
`
`allegation set forth in Paragraph 61, and specifically denies that it has committed or is
`
`committing any act of patent infringement of any kind.
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`62.
`
`HMA denies each and every allegation set forth in Paragraph 62, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`63.
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`HMA denies each and every allegation set forth in Paragraph 63, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`64.
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`HMA denies each and every allegation set forth in Paragraph 64, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`COUNT VI
`ALLEGED INFRINGEMENT OF THE ’806 PATENT
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`65.
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`HMA incorporates by reference its responses to Plaintiff’s allegations in
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`Paragraphs 1 through 64 as if specifically set forth herein. Except as expressly admitted, HMA
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`denies each and every allegation set forth in Paragraph 65.
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`66.
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`HMA admits that a document purporting to be U.S. Patent No 9,294,806 (the
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`“’806 Patent”) is attached to the Complaint as Exhibit 6, and that Exhibit 6 bears the title of
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`“Systems, Methods, and Devices for scanning Broadcasts,” and states that it issued on March 22,
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`
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`9
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 9 of 17
`
`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 10 of 17
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`2016. HMA is without information sufficient to form a belief as to the truth of the remaining
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`allegations of Paragraph 66, and on that basis denies them.
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`67.
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`HMA denies each and every allegation set forth in Paragraph 67, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`68.
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`HMA denies each and every allegation set forth in Paragraph 68, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`69.
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`HMA denies each and every allegation set forth in Paragraph 69, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`70.
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`HMA denies each and every allegation set forth in Paragraph 70, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`71.
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`HMA admits that Appendix F to the Complaint alleges infringement by various
`
`vehicles of a claim of the ’806 Patent. Except as admitted, HMA denies each and every
`
`allegation set forth in Paragraph 71, and specifically denies that it has committed or is
`
`committing any act of patent infringement of any kind.
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`72.
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`HMA denies each and every allegation set forth in Paragraph 72, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`73.
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`HMA denies each and every allegation set forth in Paragraph 73, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`74.
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`HMA denies each and every allegation set forth in Paragraph 74, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`
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`10
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 10 of 17
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`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 11 of 17
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`COUNT VII
`ALLEGED INFRINGEMENT OF THE ’405 PATENT
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`75.
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`HMA incorporates by reference its responses to Plaintiff’s allegations in
`
`Paragraphs 1 through 74 as if specifically set forth herein. Except as expressly admitted, HMA
`
`denies each and every allegation set forth in Paragraph 75.
`
`76.
`
`HMA admits that a document purporting to be U.S. Patent No. 9,355,405 (the
`
`“’405 Patent”) is attached to the Complaint as Exhibit 3, and that Exhibit 3 bears the title of
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`“System and Method for Advertisement Transmission and Display,” and states that it issued on
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`May 31, 2016. HMA is without information sufficient to form a belief as to the truth of the
`
`remaining allegations of Paragraph 76, and on that basis denies them.
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`77.
`
`HMA denies each and every allegation set forth in Paragraph 77, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
`
`78.
`
`HMA denies each and every allegation set forth in Paragraph 78, and specifically
`
`denies that it has committed or is committing any act of patent infringement of any kind.
`
`79.
`
`HMA denies each and every allegation set forth in Paragraph 79, and specifically
`
`denies that it has committed or is committing any act of patent infringement of any kind.
`
`80.
`
`HMA denies each and every allegation set forth in Paragraph 80, and specifically
`
`denies that it has committed or is committing any act of patent infringement of any kind.
`
`81.
`
`HMA admits that Appendix G to the Complaint alleges infringement by various
`
`vehicles of a claim of the ’405 Patent. Except as admitted, HMA denies each and every
`
`allegation set forth in Paragraph 81, and specifically denies that it has committed or is
`
`committing any act of patent infringement of any kind.
`
`82.
`
`HMA denies each and every allegation set forth in Paragraph 82, and specifically
`
`denies that it has committed or is committing any act of patent infringement of any kind.
`
`
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`11
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 11 of 17
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`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 12 of 17
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`83.
`
`HMA denies each and every allegation set forth in Paragraph 83, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`84.
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`HMA denies each and every allegation set forth in Paragraph 84, and specifically
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`denies that it has committed or is committing any act of patent infringement of any kind.
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`PRAYER FOR RELIEF
`
`85.
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`To the extent a response is required, HMA denies that Plaintiff is entitled to any
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`of its requested relief, and denies all allegations in Plaintiff’s Prayer For Relief. HMA
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`specifically denies that it, has infringed, either literally and/or under the doctrine of equivalents,
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`the ’081, ’203, ’028, ’307, ’806, ’405, and ’843 Patents (collectively, the “Asserted Patents”);
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`specifically denies that Plaintiff is entitled to any injunctive relief; specifically denies that
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`Plaintiff is entitled to damages, enhanced damages, costs, expenses, pre-judgment interest, or
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`post-judgment interest; specifically denies that Plaintiff is entitled to an accounting for damages
`
`or supplemental damages or pre-judgment or post-judgment interest; specifically denies that this
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`is an exceptional case within the meaning of 35 U.S.C. § 285 and denies that Plaintiff is entitled
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`to attorneys’ fees; and specifically denies that any other relief is merited in law or equity or
`
`would be just or proper.
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`DEMAND FOR JURY TRIAL
`
`86.
`
`To the extent a response is required, HMA admits that Plaintiff’s Complaint
`
`contains a request for a jury trial.
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`GENERAL DENIAL
`
`87.
`
`To the extent that any allegations of the Complaint are not specifically admitted,
`
`HMA hereby denies them.
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`
`
`12
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 12 of 17
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`

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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 13 of 17
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`AFFIRMATIVE DEFENSES
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`88. Without admitting or acknowledging that HMA bears the burden of proof as to
`
`any of them and reserving the right to amend its answer as additional information becomes
`
`available, HMA pleads the following defenses:
`
`FIRST DEFENSE
`
`89.
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`HMA has not engaged in any acts that would constitute direct or indirect
`
`infringement of any valid claim of the ’081, ’203, ’028, ’307, ’806, ’405, and ’843 Patents, either
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`literally or under the doctrine of equivalents, willfully or otherwise.
`
`SECOND DEFENSE
`
`90.
`
`The claims of each of the Asserted Patents are invalid for failure to satisfy the
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`conditions of patentability set forth in 35 U.S.C. §§ 101 et seq., including at least sections 101,
`
`102, 103, and 112.
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`THIRD DEFENSE
`
`91.
`
`Plaintiff is barred or limited from recovery in whole or in part by the doctrine of
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`prosecution history estoppel.
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`FOURTH DEFENSE
`
`92.
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`Plaintiff is barred or limited from recovery in whole or in part by the doctrines of
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`estoppel, waiver, acquiescence, patent misuse, and/or unclean hands.
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`FIFTH DEFENSE
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`93.
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`Plaintiff’s right to seek damages are limited by statute because it may not recover
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`money damages for any alleged infringement committed more than six years prior to the filing of
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`its Complaint under of 35 U.S.C. § 286.
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`Hyundai v. StratosAudio
`IPR2021-01267
`Page 13 of 17
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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 14 of 17
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`SIXTH DEFENSE
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`94.
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`Plaintiff’s claims for relief are limited to the extent that any allegedly infringing
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`products or components thereof are supplied, directly or indirectly, to HMA or are imported, sold
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`by, offered for sale by, made by, or made for, any entity or entities having express or implied
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`licenses to one or more of the ’081, ’203, ’028, ’307, ’806, ’405, and ’843 Patents, and/or under
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`the doctrines of exhaustion, first sale, license, implied license, full compensation, or restrictions
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`against double recovery.
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`SEVENTH DEFENSE
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`95.
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`To the extent that Plaintiff’s claims are directed to acts occurring outside the
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`United States, those claims for relief are barred or limited by the doctrine of territoriality by 35
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`U.S.C. § 271 et seq., including but not limited to § 271(a) and (c).
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`EIGHTH DEFENSE
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`96.
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`Plaintiff is not entitled to recover attorneys’ fees associated with this action under
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`35 U.S.C. § 285 or costs associated with this action under 35 U.S.C. § 288.
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`NINTH DEFENSE
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`97.
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`Plaintiff has failed to state a claim upon which relief can be granted.
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`TENTH DEFENSE
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`98.
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`Plaintiff is barred in whole or in part from recovering damages by a failure by
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`Plaintiff, its predecessors-in-interest, and/or licensee of the ’081, ’203, ’028, ’307, ’806, ’405,
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`and ’843 Patents to mark relevant products as required by 35 U.S.C. § 287.
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`Hyundai v. StratosAudio
`IPR2021-01267
`Page 14 of 17
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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 15 of 17
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`ELEVENTH DEFENSE
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`99.
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`Plaintiff is not entitled to an injunction because Plaintiff is not likely to prevail on
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`the merits, has not suffered and will not suffer irreparable harm because of HMA’s conduct, and
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`has an adequate remedy at law.
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`TWELFTH DEFENSE
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`100. To the extent that Plaintiff lacks all substantive rights to bring suit and to exclude
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`others from practicing the claims of one or more of the ’081, ’203, ’028, ’307, ’806, ’405, and
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`’843 Patents, Plaintiff’s claims are barred by a lack of standing.
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`
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`RESERVATION OF ADDITIONAL DEFENSES
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`101. HMA reserves the right to assert additional defenses that may be developed
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`through discovery in this action.
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`DEMAND FOR A JURY TRIAL
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`102. HMA hereby demands a jury trial on all issues so triable.
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`15
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 15 of 17
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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 16 of 17
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`
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`Dated: October 1, 2021
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`Respectfully submitted,
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`/s/ Ryan K. Yagura
`
`Ryan K. Yagura (Tex. Bar No. 24075933)
`(ryagura@omm.com)
`Nicholas J. Whilt (Pro Hac Vice, Cal Bar. No.
`247738) (nwhilt@omm.com)
`Clarence A. Rowland (Pro Hac Vice, Cal. Bar No.
`285409) (crowland@omm.com)
`O’Melveny & Myers LLP
`400 S. Hope Street
`Los Angeles, CA 90071
`Telephone: 213-430-6000
`Fax: 213-430-6407
`
`Darin W. Snyder (Pro Hac Vice, Cal Bar. No.
`136003) (dsnyder@omm.com)
`O’Melveny & Myers LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, CA 94111-3823
`Telephone: 415-984-8700
`Fax: 415-984-8701
`
`Timothy S. Durst (Tex. Bar No. 00786924)
`(tdurst@omm.com)
`O’Melveny & Myers LLP
`2501 North Harwood Street Suite 1700
`Dallas, TX 75201
`Telephone: 972-360-1900
`Fax: 972-360-1901
`
`O’MELVENY & MYERS LLP
`
`Attorneys for Defendant Hyundai Motor America
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`
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`16
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 16 of 17
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`Case 6:20-cv-01125-ADA Document 68 Filed 10/01/21 Page 17 of 17
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on October 1, 2021 all counsel of record who are deemed
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`to have consented to electronic service are being served with a copy of this document via the
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`Court’s CM/ECF system.
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`
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`/s/ Ryan K. Yagura
`Ryan Yagura
`
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`17
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`StratosAudio Exhibit 2010
`Hyundai v. StratosAudio
`IPR2021-01267
`Page 17 of 17
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