Case 2:12-cv-02866-JPM-tmp Document 21 Filed 12/31/12 Page 1 of 5 PageID 146
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`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`
`
`C.A. No. 2:12-CV-02866-JPM-tmp
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`
`
`))))))))))))
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`
`B.E. TECHNOLOGY L.L.C.,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`MOTOROLA MOBILITY
`HOLDINGS LLC,
`
`
`Defendant.
`
`
`ANSWER TO COMPLAINT
`
`Defendant Motorola Mobility Holdings LLC (“Motorola”)1 hereby responds to the
`
`numbered paragraphs of plaintiff B.E. Technology L.L.C.’s (‘B.E.”) Complaint as follows. To
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`the extent any allegation contained in this Answer is not specifically admitted, it is hereby
`
`denied:
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`NATURE OF THE ACTION AND PARTIES
`
`1.
`
`Admitted that B.E. has filed a civil action alleging patent infringement; otherwise
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`denied.
`
`2.
`
`Motorola is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of this paragraph; therefore denied.
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`Admitted.
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`3.
`
`
`
`
`1 Motorola Mobility Holdings LLC is not the proper entity as it does not use, make, sell, or offer
`to sell the Xyboard and Xoom tablets or the Atrix, Electrify 2, Defy XT, or Photon Q 4G LTE
`smartphones. The proper entity is Motorola Mobility LLC (“Motorola”).
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`
`
`C.A. No. 2:12-CV-02866-JPM-tmp
`
`
`
`))))))))))))
`
`
`B.E. TECHNOLOGY L.L.C.,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`MOTOROLA MOBILITY
`HOLDINGS LLC,
`
`
`Defendant.
`
`
`ANSWER TO COMPLAINT
`
`Defendant Motorola Mobility Holdings LLC (“Motorola”)1 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.
`
`Motorola is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this paragraph; therefore denied.
`
`Admitted.
`
`3.
`
`
`
`
`1 Motorola Mobility Holdings LLC is not the proper entity as it does not use, make, sell, or offer
`to sell the Xyboard and Xoom tablets or the Atrix, Electrify 2, Defy XT, or Photon Q 4G LTE
`smartphones. The proper entity is Motorola Mobility LLC (“Motorola”).
`
`
`
`
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`Case 2:12-cv-02866-JPM-tmp Document 21 Filed 12/31/12 Page 2 of 5 PageID 147
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`
`
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`4.
`
`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
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`denied.
`
`VENUE
`
`5.
`
`Admitted that venue is proper but Motorola maintains that the appropriate venue
`
`is the Northern District of California.
`
`FACTUAL BACKGROUND
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`6.
`
`Motorola 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 A to the Complaint.
`
`7.
`
`Motorola is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this paragraph; therefore denied.
`
`8.
`
`Motorola admits that on the face of what purports to be the ’290 Patent attached
`
`to the Complaint as Exhibit A, 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. 6,771,290
`
`9.
`
`Motorola incorporates by reference the responses above as if fully set forth
`
`herein.
`
`10.
`
`Admitted that the ’290 Patent on its face identifies B.E. Technology, LLC as the
`
`assignee; otherwise denied.
`
`11.
`
`Denied.
`
`
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`- 2 -
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`
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`Case 2:12-cv-02866-JPM-tmp Document 21 Filed 12/31/12 Page 3 of 5 PageID 148
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`
`
`
`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 Motorola is not required to respond. To the extent that any allegations are
`
`included in the demand, Motorola 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. Motorola denies that Plaintiff is entitled to any of the requested relief and
`
`denies any allegations.
`
`DEFENSES
`
`
`
`In addition to the defenses set forth herein, Motorola 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.
`
`FIRST DEFENSE
`
`1.
`
`Motorola 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
`
`2.
`
`B.E. is not entitled to injunctive relief because Motorola 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
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`- 3 -
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`Case 2:12-cv-02866-JPM-tmp Document 21 Filed 12/31/12 Page 4 of 5 PageID 149
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`would have an adequate remedy at law. Moreover, the public interest and balance of hardships
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`disfavor an injunction under the circumstances of this case.
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`THIRD DEFENSE
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`3.
`
`To the extent B.E. purports to accuse any Motorola 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
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`substantial non-infringing uses of such allegedly infringing product.
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`FOURTH DEFENSE
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`4.
`
`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.
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`FIFTH DEFENSE
`
`B.E.’s Complaint is barred by laches.
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`SIXTH DEFENSE
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`The claims of U.S. Patent No. 6,771,290 are invalid for failure to satisfy one or
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`5.
`
`6.
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`more of the conditions of patentability, including without limitation those set forth in 35 U.S.C.
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`§§ 101, 102, 103, and/or 112 because the alleged invention thereof lacks utility; is taught by,
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`suggested by, and/or, obvious in view of, the prior art; and/or is not adequately supported by the
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`written description of the patented invention
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`SEVENTH DEFENSE
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`7.
`
`Plaintiff’s claims for damages, if any, against Motorola for alleged infringement
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`of the ’290 Patent are limited by 35 U.S.C. §§ 286, 287, and/or 288.
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`EIGHTH DEFENSE
`
`8.
`
`B.E.’s Complaint fails to state a claim upon which relief can be granted against
`
`Motorola.
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`
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`- 4 -
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`
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`Case 2:12-cv-02866-JPM-tmp Document 21 Filed 12/31/12 Page 5 of 5 PageID 150
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`DEMAND FOR JURY TRIAL
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`Motorola requests a jury trial on all issues triable by a jury.
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`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
`
`
`
`
`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
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`
`
`
`
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`CERTIFICATE OF SERVICE
`
`The foregoing document was filed under the Court’s CM/ECF system, automatically
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`effecting service on counsel of record for all other parties who have appeared in this action on
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`the date of such service.
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`
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`60306157.1
`
`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
`
`
`
`
`
`
`
`- 5 -
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