Case 2:12-cv-02830-JPM-tmp Document 25 Filed 12/31/12 Page 1 of 6 PageID 181
`
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`B.E. TECHNOLOGY L.L.C.,
`
`
`C.A. No. 2:12-CV-02830-JPM-tmp
`
`
`
`)))))))))
`
`
`
`v.
`
`
`GOOGLE INC.,
`
`
`Plaintiff,
`
`Defendant.
`
`ANSWER TO COMPLAINT
`
`Defendant Google Inc. (“Google”) hereby responds to the numbered paragraphs of
`
`plaintiff B.E. Technology L.L.C.’s (‘B.E.”) Complaint as follows. To the extent any allegation
`
`contained in this Answer is not specifically admitted, it is hereby denied:
`
`NATURE OF THE ACTION AND PARTIES
`
`1.
`
`Admitted that B.E. has filed a civil action alleging patent infringement; otherwise
`
`denied.
`
`2.
`
`Google is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this paragraph; therefore denied.
`
`3.
`
`4.
`
`Admitted.
`
`JURISDICTION
`
`Admitted that B.E. has filed a civil action alleging patent infringement and that
`
`this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338; otherwise
`
`denied.
`
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`B.E. TECHNOLOGY L.L.C.,
`
`
`C.A. No. 2:12-CV-02830-JPM-tmp
`
`
`
`)))))))))
`
`
`
`v.
`
`
`GOOGLE INC.,
`
`
`Plaintiff,
`
`Defendant.
`
`ANSWER TO COMPLAINT
`
`Defendant Google Inc. (“Google”) hereby responds to the numbered paragraphs of
`
`plaintiff B.E. Technology L.L.C.’s (‘B.E.”) Complaint as follows. To the extent any allegation
`
`contained in this Answer is not specifically admitted, it is hereby denied:
`
`NATURE OF THE ACTION AND PARTIES
`
`1.
`
`Admitted that B.E. has filed a civil action alleging patent infringement; otherwise
`
`denied.
`
`2.
`
`Google is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this paragraph; therefore denied.
`
`3.
`
`4.
`
`Admitted.
`
`JURISDICTION
`
`Admitted that B.E. has filed a civil action alleging patent infringement and that
`
`this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338; otherwise
`
`denied.
`
`
`
`
`
`
`
`Case 2:12-cv-02830-JPM-tmp Document 25 Filed 12/31/12 Page 2 of 6 PageID 182
`
`
`5.
`
`Admitted that venue is proper but Google maintains that the appropriate venue is
`
`VENUE
`
`the Northern District of California.
`
`FACTUAL BACKGROUND
`
`6.
`
`Google admits U.S. Patent No. 6,628,314 (“the ’314 Patent”) is entitled
`
`“Computer Interface Method And Apparatus with Targeted Advertising” and that what purports
`
`to be a copy of the ’314 Patent was attached as Exhibit A to the Complaint.
`
`7.
`
`Google is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this paragraph; therefore denied.
`
`8.
`
`Google admits that on the face of what purports to be the ‘314 Patent attached to
`
`the Complaint as Exhibit A, it states that Application No. 09/699,705 was filed on October 30,
`
`2000 and that this Application is a division of Application No. 09/118,351, filed on July 17, 1998;
`
`otherwise denied.
`
`9.
`
`Google admits U.S. Patent No. 6,771,290 (“the ’290 Patent”) is entitled
`
`“Computer Interface Method and Apparatus with Targeted Advertising” and what purports to be a
`
`copy of the ’290 Patent was attached as Exhibit B to the Complaint.
`
`10.
`
`Google is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this paragraph; therefore denied.
`
`11.
`
`Google admits that on the face of what purports to be the ’290 Patent attached to
`
`the Complaint as Exhibit B, it states that Application No. 09/744,033 was filed on July 16, 1999
`
`and that this Application is a continuation-in-part of Application No. 09/118,351, filed on July 17,
`
`1998; otherwise denied.
`
`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 6,628,314
`
`12.
`
`Google incorporates by reference the responses above as if fully set forth herein.
`
`
`
`- 2 -
`
`
`
`Case 2:12-cv-02830-JPM-tmp Document 25 Filed 12/31/12 Page 3 of 6 PageID 183
`
`
`13.
`
`Admitted that the ’314 Patent on its face identifies B.E. Technology, LLC as the
`
`assignee; otherwise denied.
`
`14.
`
`Denied.
`
`COUNT II: INFRINGEMENT OF U.S. PATENT NO. 6,771,290
`
`15.
`
`16.
`
`Google incorporates by reference the responses above as if fully set forth herein.
`
`Admitted that the ’290 Patent on its face identifies B.E. Technology, LLC as the
`
`assignee; otherwise denied.
`
`17.
`
`Denied.
`
`RESPONSE TO DEMAND FOR JURY TRIAL
`
`Plaintiff’s demand for a trial by jury for all issues triable to a jury does not state any
`
`allegation, and Google is not required to respond. To the extent that any allegations are included
`
`in the demand, Google denies these allegations.
`
`RESPONSE TO PRAYER FOR RELIEF
`
`These paragraphs set forth the statement of relief requested by Plaintiff to which no
`
`response is required. Google denies that Plaintiff is entitled to any of the requested relief and
`
`denies any allegations.
`
`
`
`DEFENSES
`
`In addition to the defenses set forth herein, Google expressly reserves the right to allege
`
`and assert any defenses or affirmative defenses under Rule 8 of the Federal Rules of Civil
`
`Procedure, the patent laws of the United States, and any other defense, at law or in equity, that
`
`may now exist or in the future become known or available based upon discovery and further
`
`investigation in this case.
`
`
`
`
`
`- 3 -
`
`
`
`Case 2:12-cv-02830-JPM-tmp Document 25 Filed 12/31/12 Page 4 of 6 PageID 184
`
`
`FIRST DEFENSE
`
`1.
`
`Google does not and has not infringed and is not liable for infringement of any
`
`valid and enforceable claim of U.S. Patent No. 6,628,314, either literally or under the doctrine of
`
`equivalents, directly or indirectly, willfully or otherwise.
`
`2.
`
`Google does not and has not infringed and is not liable for infringement of any
`
`valid and enforceable claim of U.S. Patent No. 6,771,290, either literally or under the doctrine of
`
`equivalents, directly or indirectly, willfully or otherwise
`
`SECOND DEFENSE
`
`3.
`
`B.E. is not entitled to injunctive relief because Google has not infringed and is not
`
`infringing any valid claim of the asserted patents, and any purported injury to B.E. is not
`
`immediate or irreparable. To the extent B. E. proves that it would be entitled to any relief, it
`
`would have an adequate remedy at law. Moreover, the public interest and balance of hardships
`
`disfavor an injunction under the circumstances of this case.
`
`THIRD DEFENSE
`
`4.
`
`To the extent B.E. purports to accuse any Google product, B.E.’s claims for
`
`contributory infringement are barred in whole or in part under 35 U.S.C § 271(c) in view of the
`
`substantial non-infringing uses of such allegedly infringing product.
`
`FOURTH DEFENSE
`
`5.
`
`B.E’s Complaint is barred, in whole or in part, by waiver, acquiescence, equitable
`
`estoppel, implied license, and/or the doctrine of unclean hands.
`
`6.
`
`B.E.’s Complaint is barred by laches.
`
`FIFTH DEFENSE
`
`
`
`- 4 -
`
`
`
`
`
`Case 2:12-cv-02830-JPM-tmp Document 25 Filed 12/31/12 Page 5 of 6 PageID 185
`
`
`SIXTH DEFENSE
`
`7.
`
`The claims of U.S. Patent No. 6,628,314 are invalid for failure to satisfy one or
`
`more of the conditions of patentability, including without limitation those set forth in 35 U.S.C.
`
`§§ 101, 102, 103, and/or 112 because the alleged invention thereof lacks utility; is taught by,
`
`suggested by, and/or, obvious in view of, the prior art; and/or is not adequately supported by the
`
`written description of the patented invention.
`
`8.
`
`The claims of U.S. Patent No. 6,771,290 are invalid for failure to satisfy one or
`
`more of the conditions of patentability, including without limitation those set forth in 35 U.S.C.
`
`§§ 101, 102, 103, and/or 112 because the alleged invention thereof lacks utility; is taught by,
`
`suggested by, and/or, obvious in view of, the prior art; and/or is not adequately supported by the
`
`written description of the patented invention
`
`SEVENTH DEFENSE
`
`9.
`
`Plaintiff’s claims for damages, if any, against Google for alleged infringement of
`
`the Patents-in-Suit are limited by 35 U.S.C. §§ 286, 287, and/or 288.
`
`EIGHTH DEFENSE
`
`10.
`
`B.E.’s Complaint fails to state a claim upon which relief can be granted against
`
`Google.
`
`DEMAND FOR JURY TRIAL
`
`Google requests a jury trial on all issues triable by a jury.
`
`
`
`
`
`- 5 -
`
`
`
`Case 2:12-cv-02830-JPM-tmp Document 25 Filed 12/31/12 Page 6 of 6 PageID 186
`
`
`
`
`
`
`Of counsel:
`
`A. John P. Mancini
`MAYER BROWN LLP
`1675 Broadway
`New York, NY 10019-5820
`(212) 506-2500
`jmancini@mayerbrown.com
`
`Brian A. Rosenthal, pro hac pending
`Ann Marie Duffy, pro hac pending
`MAYER BROWN, LLP
`1999 K Street, NW
`Washington, DC 20006
`(202) 263-3000
`brosenthal@mayerbrown.com
`aduffy@mayerbrown.com
`
`Attorneys for Defendant
`
`
`
`
`
`
`Respectfully submitted,
`
`
`s/Glen G. Reid, Jr.
`Glen G. Reid, Jr. (#8184)
`WYATT, TARRANT & COMBS, LLP
`1715 Aaron Brenner Drive, Suite 800
`Memphis, TN 38120-4367
`Phone: 901.537.1000
`Facsimile: 901.537.1010
`greid@wyattfirm.com
`
`
`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr. (#06389)
`WYATT, TARRANT & COMBS, LLP
`1715 Aaron Brenner Drive, Suite 800
`Memphis, TN 38120-4367
`Phone: 901.537.1000
`Facsimile: 901.537.1010
`mvorder-bruegge@wyattfirm.com
`
`Attorneys for Defendant
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The foregoing document was filed under the Court’s CM/ECF system, automatically
`
`effecting service on counsel of record for all other parties who have appeared in this action on
`
`the date of such service.
`
`60306156.1
`
`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
`
`
`
`
`
`
`
`
`- 6 -
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
