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Case 2:17-cv-00140-RWS-RSP Document 21 Filed 06/13/17 Page 1 of 4 PageID #: 172
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`CYWEE GROUP LTD.,
`
`
`Plaintiff,
`
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.
`
`
`Defendants.
`
` CASE NO. 2:17-cv-00140-RWS-RSP
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`PLAINTIFF’S ANSWER TO DEFENDANTS’ COUNTERCLAIMS
`
`Plaintiff and Counterclaim-Defendant CyWee Group Ltd. (“CyWee”) answers herein
`
`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.’s (collectively
`
`“Samsung”) counterclaims (“Counterclaims”) with numbered paragraphs corresponding to like-
`
`numbered paragraphs of the Counterclaims as follows. Unless expressly admitted all averments
`
`asserted by Samsung in its Counterclaims are denied.
`
`ANSWER TO COUNTERCLAIMS
`
`300. CyWee admits the allegations in Paragraph 300.
`
`301. CyWee admits the allegations in Paragraph 301.
`
`302. CyWee admits that it has submitted to personal jurisdiction of this Court for
`
`purposes of this litigation. CyWee denies any remaining allegations in Paragraph 302.
`
`303. CyWee admits that venue is proper for the Counterclaims and further admits that
`
`Samsung purports to reserve the right to move to transfer this case. CyWee denies any remaining
`
`allegations in Paragraph 302.
`
`

`

`Case 2:17-cv-00140-RWS-RSP Document 21 Filed 06/13/17 Page 2 of 4 PageID #: 173
`
`FIRST COUNTERCLAIM
`
`(Declaratory Judgment of Non-Infringement of the ’438 Patent)
`
`304. Paragraph 304 restates and incorporates by reference the allegations contained in
`
`Paragraphs 300-303 of the Counterclaims. In response, CyWee incorporates by reference its
`
`answers to those paragraphs.
`
`305. CyWee admits the allegations of Paragraph 305.
`
`306. CyWee denies the allegations of Paragraph 306.
`
`307. CyWee admits the allegations of Paragraph 307.
`
`308. CyWee admits that Samsung seeks entry of a declaratory judgment that it does
`
`not infringe any claim of the ’438 Patent, but denies that Samsung is entitled to judgment in its
`
`favor.
`
`SECOND COUNTERCLAIM
`
`(Declaratory Judgment of Non-Infringement of the ’978 Patent)
`
`309.
`
` Paragraph 309 restates and incorporates by reference the allegations contained in
`
`Paragraphs 300-303 of the Counterclaims. In response, CyWee incorporates by reference its
`
`answers to those paragraphs.
`
`310. CyWee admits the allegations of Paragraph 310.
`
`311. CyWee denies the allegations of Paragraph 311.
`
`312. CyWee admits the allegations of Paragraph 312.
`
`313. CyWee admits that Samsung seeks entry of a declaratory judgment that it does
`
`not infringe any claim of the ’978 Patent, but denies that Samsung is entitled to judgment in its
`
`favor.
`
`

`

`Case 2:17-cv-00140-RWS-RSP Document 21 Filed 06/13/17 Page 3 of 4 PageID #: 174
`
` THIRD COUNTERCLAIM
`
` (Declaratory Judgment of Invalidity of the ’438 Patent)
`
`314. Paragraph 314 restates and incorporates by reference the allegations contained in
`
`Paragraphs 300-303 of the Counterclaims. In response, CyWee incorporates by reference its
`
`answers to those paragraphs.
`
`315. CyWee denies the allegations of Paragraph 315.
`
`316. CyWee admits the allegations of Paragraph 316.
`
`317. CyWee admits that Samsung seeks entry of a declaratory judgment that the claims
`
`of the ’438 Patent are invalid and/or enforceable but denies that Samsung is entitled to judgment
`
`in its favor.
`
`FOURTH COUNTERCLAIM
`
`(Declaratory Judgment of Invalidity of the ’978 Patent)
`
`318. Paragraph 318 restates and incorporates by reference the allegations contained in
`
`Paragraphs 300-303 of the Counterclaims. In response, CyWee incorporates by reference its
`
`answers to those paragraphs.
`
`319. CyWee denies the allegations of Paragraph 319.
`
`320.
`
` CyWee admits the allegations of Paragraph 320.
`
`321.
`
` CyWee admits that Samsung seeks entry of a declaratory judgment that the
`
`claims of the ’978 Patent are invalid and/or enforceable but denies that Samsung is entitled to
`
`judgment in its favor.
`
`OMNIVISION’S PRAYER FOR RELIEF
`
`CyWee denies that Samsung is entitled to judgment in its favor or to any of the relief it
`
`requested. CyWee further denies each and every allegation of the Counterclaims to which
`
`CyWee has not specifically admitted, denied, or otherwise responded herein.
`
`
`
`

`

`Case 2:17-cv-00140-RWS-RSP Document 21 Filed 06/13/17 Page 4 of 4 PageID #: 175
`
` Dated: June 13, 2017
`
`/s/ Ari B. Rafilson
`
`
`
`Michael W. Shore, Texas Bar No. 18294915
`Lead Attorney
`mshore@shorechan.com
`Alfonso Garcia Chan, Texas Bar No. 24012408
`achan@shorechan.com
`Christopher L. Evans, Texas Bar No.24058901
`cevans@shorechan.com
`Ari B. Rafilson, Texas Bar No. 24060465
`arafilson@shorechan.com
`
`SHORE CHAN DePUMPO LLP
`901 Main Street, Suite 3300
`Dallas, Texas 75202
`Telephone: 214-593-9110
`Facsimile: 214-593-9111
`
`ATTORNEYS FOR PLAINTIFF
`CYWEE GROUP, LTD.
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned 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) on June 13, 2017.
`
`/s/ Ari B. Rafilson
`Ari B. Rafilson
`
`
`
`
`
`
`
`
`
`
`
`

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