`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`Case No. 2:15-cv-926-RWS-RSP
`LEAD CASE
`
`
`
`FASTVDO LLC,
`
` Plaintiffs,
`
`v.
`
`ZTE CORPORATION et al.,
`
`
`
`
`
` Defendants.
`
`
`ANSWER TO ZTE (USA) INC.’S COUNTERCLAIMS
`
`Plaintiff FastVDO LLC (“FastVDO”) responds to Defendant ZTE (USA) Inc.’s
`
`(“Defendant” or “ZTE”) Counterclaims as follows:
`
`NATURE OF ACTION
`
`1.
`
`FastVDO admits that Defendant requests a declaration of non-infringement and
`
`invalidity, but denies that Defendant is entitled to such relief.
`
`PARTIES
`
`Admitted, on information and belief.
`
`JURISDICTION AND VENUE
`
`Admitted.
`
`Admitted.
`
`Admitted.
`
`Admitted.
`
`COUNTERCLAIM I
`(DECLARATION OF NON-INFRINGEMENT)
`FastVDO incorporates by reference its responses to paragraphs 1-6 as if fully set
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`forth herein.
`
`8.
`
`Admitted.
`
`
`
`Case 2:15-cv-00926-RWS-RSP Document 19 Filed 09/17/15 Page 2 of 4 PageID #: 67
`
`9.
`
`Admitted that an actual controversy exists between ZTE and FastVDO, but denied
`
`that ZTE does not infringe the ‘482 patent.
`
`10.
`
`11.
`
`12.
`
`13.
`
`Denied.
`
`Denied.
`
`Denied.
`
`COUNTERCLAIM II
`(DECLARATION OF INVALIDITY)
`FastVDO incorporates by reference its responses to paragraphs 1-12 above as if
`
`fully set forth herein.
`
`14.
`
`15.
`
`16.
`
`Denied.
`
`Denied.
`
`Denied.
`
`DEMAND FOR JURY TRIAL
`
`17.
`
`This paragraph does not require a response.
`
`PRAYER FOR RELIEF
`
`
`In response to ZTE’s Prayer for Relief, FastVDO denies that ZTE is entitled to any relief,
`
`and in particular to any of the relief requested in paragraphs (a)-(e) of ZTE’s Prayer for Relief,
`
`and further requests that the Court enter such preliminary and final orders and judgments as are
`
`necessary to provide FastVDO with the following requested relief:
`
`A. A Judgment in favor of FastVDO on ZTE’s Counterclaims that the ‘482 Patent is not
`
`invalid, and that ZTE infringes the ‘482 patent;
`
`B. An Order dismissing ZTE’s Counterclaims in their entirety with prejudice;
`
`C. A judgment in favor of FastVDO that ZTE has infringed, either literally and/or under the
`
`doctrine of equivalents, the ‘482 patent;
`
`
`
`1
`
`
`
`Case 2:15-cv-00926-RWS-RSP Document 19 Filed 09/17/15 Page 3 of 4 PageID #: 68
`
`D. A permanent injunction prohibiting ZTE from further acts of infringement of the ‘482
`
`patent;
`
`E. A judgment and order requiring ZTE to pay FastVDO its damages, costs, expenses, and
`
`prejudgment and post-judgment interest for its infringement of the ‘482 patent, as
`
`provided under 35 U.S.C. § 284;
`
`F. A judgment and order requiring ZTE to provide an accounting and to pay supplemental
`
`damages to FastVDO, including without limitation, prejudgment and post-judgment
`
`interest;
`
`G. A judgment and order finding that this is an exceptional case within the meaning of 35
`
`U.S.C. § 285 and awarding to FastVDO its reasonable attorneys’ fees against ZTE; and
`
`H. Any and all other relief as the Court may deem appropriate and just under the
`
`circumstances.
`
`DEMAND FOR JURY TRIAL
`
`FastVDO demand a trial by jury on all issues so triable.
`
`
`
`By: /s/ Charles Ainsworth
`
`Charles Ainsworth
`State Bar No. 00783521
`Robert Christopher Bunt
`State Bar No. 00787165
`PARKER, BUNT & AINSWORTH, P.C.
`100 E. Ferguson, Suite 1114
`Tyler, TX 75702
`903/531-3535
`903/533-9687
`E-mail: charley@pbatyler.com
`E-mail: rcbunt@pbatyler.com
`
`2
`
`
`
`
`Dated: September 17, 2015
`
`
`
`
`
`
`
`
`
`
`Case 2:15-cv-00926-RWS-RSP Document 19 Filed 09/17/15 Page 4 of 4 PageID #: 69
`
`
`
`RUSS AUGUST & KABAT
`
`Marc A. Fenster (CA SBN 181067)
`Reza Mirzaie (CA SBN 246953)
`Jeffrey Z.Y. Liao (CA SBN 288994)
`Shani M. Tutt (CA SBN 274509)
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`mfenster@raklaw.com
`rmirzaie@raklaw.com
`jliao@raklaw.com
`stutt@raklaw.com
`
`Attorneys for Plaintiff FastVDO LLC
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that all counsel of record who are deemed to have
`consented to electronic service are being served with a copy of this document via the Court’s
`CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by
`electronic mail, facsimile, and/or first class mail on this date.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Charles Ainsworth
`Charles Ainsworth
`
`
`
`
`
`
`
`
`
`3
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