Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 1 of 33 PageID #: 10542
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`THE HILLMAN GROUP, INC.,
`
`Plaintiff,
`
`v.
`
`KEYME, LLC.,
`
`Defendant.
`
`CIVIL ACTION NO. 2:19-cv-00209-JRG
`(LEAD CASE)
`
`CIVIL ACTION NO. 2:20-cv-00070-JRG
`(MEMBER CASE)
`
`
`JURY TRIAL DEMANDED
`
`
`
`DEFENDANT KEYME, LLC’S ANSWER TO PLAINTIFF’S
`FIRST AMENDED COMPLAINT
`
`Defendant KeyMe, LLC (“KeyMe”) answers the First Amended Complaint of Plaintiff
`
`The Hillman Group, Inc. (“Hillman” or “Plaintiff”) (Dkt. 30) as follows:
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`PARTIES
`
`1.
`
`KeyMe is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of paragraph 1, and therefore denies them.
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`2.
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`KeyMe is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 2, and therefore denies them.
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`3.
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`KeyMe admits that, as of the date the First Amended Complaint was filed,
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`KeyMe, LLC was a corporation formed under the laws of Delaware. KeyMe denies any
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`remaining allegations in paragraph 3 of the First Amended Complaint as of the date the First
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`Amended Complaint was filed. KeyMe’s current principal place of business is 101 Hudson
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`Street, Jersey City, New Jersey.
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`4.
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`KeyMe admits that it provides key duplication kiosks, which are often placed in
`
`retail industry partners throughout the United States, including within the Eastern District of
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`THE HILLMAN GROUP, INC.,
`
`Plaintiff,
`
`v.
`
`KEYME, LLC.,
`
`Defendant.
`
`CIVIL ACTION NO. 2:19-cv-00209-JRG
`(LEAD CASE)
`
`CIVIL ACTION NO. 2:20-cv-00070-JRG
`(MEMBER CASE)
`
`
`JURY TRIAL DEMANDED
`
`
`
`DEFENDANT KEYME, LLC’S ANSWER TO PLAINTIFF’S
`FIRST AMENDED COMPLAINT
`
`Defendant KeyMe, LLC (“KeyMe”) answers the First Amended Complaint of Plaintiff
`
`The Hillman Group, Inc. (“Hillman” or “Plaintiff”) (Dkt. 30) as follows:
`
`PARTIES
`
`1.
`
`KeyMe is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of paragraph 1, and therefore denies them.
`
`2.
`
`KeyMe is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of paragraph 2, and therefore denies them.
`
`3.
`
`KeyMe admits that, as of the date the First Amended Complaint was filed,
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`KeyMe, LLC was a corporation formed under the laws of Delaware. KeyMe denies any
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`remaining allegations in paragraph 3 of the First Amended Complaint as of the date the First
`
`Amended Complaint was filed. KeyMe’s current principal place of business is 101 Hudson
`
`Street, Jersey City, New Jersey.
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`4.
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`KeyMe admits that it provides key duplication kiosks, which are often placed in
`
`retail industry partners throughout the United States, including within the Eastern District of
`
`
`
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`
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`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 2 of 33 PageID #: 10543
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`Texas, and that it derives some of its revenue from the sale of keys duplicated at those kiosks.
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`KeyMe denies any remaining allegations in paragraph 4 of the First Amended Complaint.
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`JURISDICTION AND VENUE
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`KeyMe repeats and incorporates its Answer to paragraphs 1-4.
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`KeyMe admits that Hillman brought this action under 35 U.S.C. § 100 et. seq.,
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`5.
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`6.
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`including 35 U.S.C. § 1271 and that this Court has subject matter jurisdiction under 28 U.S.C.
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`§§ 1331 and 1338(a).
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`7.
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`KeyMe admits that this Court has personal jurisdiction over KeyMe. KeyMe
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`denies any remaining allegations in paragraph 7 of the First Amended Complaint.
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`8.
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`KeyMe admits that, as of the date the First Amended Complaint was filed, it had
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`deployed approximately thirty kiosks in the Eastern District of Texas. KeyMe denies any
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`remaining allegations in paragraph 8 of the First Amended Complaint.
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`9.
`
`KeyMe denies the allegations in paragraph 9 of the First Amended Complaint.
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`10.
`
`KeyMe is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 10, and therefore denies them.
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`11.
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`KeyMe is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 11, and therefore denies them.
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`12.
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`KeyMe is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 12, and therefore denies them.
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`13.
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`KeyMe is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 13, and therefore denies them.
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`14.
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`KeyMe is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 14, and therefore denies them.
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`
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`2
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`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 3 of 33 PageID #: 10544
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`THE PATENTS-IN-SUIT
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`KeyMe repeats and incorporates its Answer to paragraphs 1-14.
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`KeyMe admits that, on its face, Exhibit A appears to be a copy of United States
`
`15.
`
`16.
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`Patent No. 8,979,446 (“the ’446 patent”), entitled “Fully Automatic Self-Service Key
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`Duplicating Kiosk,” bearing an issue date of March 17, 2015, and listing Daniel Freeman as a
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`named inventor. KeyMe denies any remaining allegations in paragraph 16 of the First Amended
`
`Complaint.
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`17.
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`KeyMe is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of paragraph 17 of the First Amended Complaint, and therefore denies
`
`them.
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`18.
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`KeyMe admits that, on its face, Exhibit B appears to be a copy of United States
`
`Patent No. 9,914,179 (“the ’179 patent”), entitled “Self Service Key Duplicating Machine with
`
`Automatic Key Model Identification System,” bearing an issue date of March 13, 2018, and
`
`listing Daniel Freeman and Ari Freeman as named inventors. KeyMe denies any remaining
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`allegations in paragraph 18 of the First Amended Complaint.
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`19.
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`KeyMe is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 19 of the First Amended Complaint, and therefore denies
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`them.
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`20.
`
`KeyMe admits that, on its face, Exhibit C appears to be a copy of United States
`
`Patent No. 10,440,474 (“the ’474 patent”), entitled “Identification Module for Key Making
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`Machine,” bearing an issue date of September 3, 2019, and listing Byron Keith Grice, Phillip
`
`Gerlings, John Clayton Campbell, and Michael James Schmidt as named inventors. KeyMe
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`denies any remaining allegations in paragraph 20 of the First Amended Complaint.
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`3
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`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 4 of 33 PageID #: 10545
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`21.
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`KeyMe is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 21 of the First Amended Complaint, and therefore denies
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`them.
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`22.
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`23.
`
`THE ACCUSED PRODUCTS
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`KeyMe repeats and incorporates its Answer to paragraphs 1-21.
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`KeyMe admits that it provides a key duplicating kiosk referred to as the “KeyMe”
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`kiosk. KeyMe admits that, on its face, Exhibit D appears to be a printed version of a page from
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`KeyMe’s website and includes a picture of one version of a KeyMe kiosk. KeyMe denies any
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`remaining allegations in paragraph 23 of the First Amended Complaint.
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`24.
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`KeyMe admits that it has deployed KeyMe kiosks at locations throughout the
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`United States, including the Eastern District of Texas. KeyMe admits that it has placed its kiosks
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`within the stores of multiple retail partners, including 7-Eleven, Bed Bath & Beyond, Rite Aid,
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`Albertson’s, Kmart, Safeway, Sears, Mall of America, Giant Eagle, Ralphs, Kroger, Vons, and
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`Tom Thumb. KeyMe admits that, on its face, Exhibit D appears to be a printed version of page
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`from KeyMe’s website which includes the phrase “find us at these fine retailers.” KeyMe denies
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`any remaining allegations in paragraph 24 of the First Amended Complaint.
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`HILLMAN’S ALLEGATIONS OF INFRINGEMENT OF THE ’446 PATENT
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`25.
`
`26.
`
`KeyMe repeats and incorporates its Answer to paragraphs 1-24.
`
`KeyMe denies the allegations in paragraph 26 of the First Amended Complaint.
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`KeyMe understands that, as of August 4, 2020, Plaintiff no longer asserts claim 22 of the ’446
`
`patent.
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`27.
`
`KeyMe admits that the ’446 patent recites the words partially quoted in paragraph
`
`27 but denies the remaining allegations in paragraph 27 of the First Amended Complaint.
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`
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`4
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`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 5 of 33 PageID #: 10546
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`28.
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`KeyMe admits that Minute Key, Inc. previously asserted the ’446 patent against
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`KeyMe in the case of Minute Key, Inc. v. KeyMe, Inc., Civil Action No. 0:15-cv-01599-JNE-
`
`KMM, in the United States District Court for the District of Minnesota (“the Minnesota
`
`Action”). KeyMe admits it was served with the complaint in the Minnesota Action on March 30,
`
`2015. KeyMe admits that, on its face, Exhibit F appears to be a returned summons in the
`
`Minnesota Action. KeyMe denies any remaining allegations in paragraph 28 of the First
`
`Amended Complaint and specifically denies that it has committed or is committing any act of
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`patent infringement.
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`29.
`
`KeyMe admits that the parties to the Minnesota Action filed a stipulation of
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`voluntary dismissal for all claims and defenses in the Minnesota Action on February 24, 2017.
`
`KeyMe admits that, on its face, Exhibit G appears to be a copy of the joint stipulation of
`
`voluntary dismissal filed in the Minnesota Action. KeyMe admits that, on its face, Exhibit H
`
`appears to be the March 3, 2017 order dismissing the Minnesota Action. KeyMe admits that no
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`final adjudication a to the validity, enforceability, or infringement of the ’446 patent was made
`
`during the Minnesota Action. KeyMe denies any remaining allegations in paragraph 29 of the
`
`First Amended Complaint and specifically denies that it has committed or is committing any act
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`of patent infringement.
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`30.
`
`KeyMe admits that Plaintiff filed an inter partes review (“IPR”) petition with the
`
`PTAB seeking invalidation of 53 claims of the ’446 patent on the grounds that they were obvious
`
`in light of the prior art. KeyMe admits that IPR petition was filed on May 7, 2015 and was
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`assigned control number IPR2015-01154. KeyMe denies any remaining allegations in paragraph
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`30 of the First Amended Complaint and specifically denies that it has committed or is
`
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`5
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`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 6 of 33 PageID #: 10547
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`committing any act of patent infringement and denies that the remaining claims of the ’446
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`patent are valid or enforceable.
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`31.
`
`KeyMe admits that the PTAB instituted review of Hillman’s IPR petition on
`
`November 16, 2015 and that, on November 14, 2016, the PTAB issued a final written decision
`
`finding all 53 challenged claims to be invalid and obvious in light of the prior art. KeyMe denies
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`any remaining allegations in paragraph 31 of the First Amended Complaint and specifically
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`denies that it has committed or is committing any act of patent infringement and denies that the
`
`remaining claims of the ’446 patent are valid or enforceable.
`
`32.
`
`KeyMe admits that the PTO cancelled claims 1, 7, 8, 11, 12, 15–18, 20, 23–26,
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`31, 32, 38, 39, 42, 43, 46–49, 51, 54–58, 64, 65, 68, 69, 72, 74, 76, 79–84, 90, 91, 94, 95, 98,
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`100, and 104–108 of the ’446 patent via an “Inter Partes Review Certificate” dated February 20,
`
`2018 based on the PTAB’s final written decision. KeyMe denies any remaining allegations in
`
`paragraph 32 of the First Amended Complaint and specifically denies that it has committed or is
`
`committing any act of patent infringement and denies that the remaining claims of the ’446
`
`patent are valid or enforceable.
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`33.
`
`34.
`
`KeyMe denies the allegations in paragraph 33 of the First Amended Complaint.
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`KeyMe is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 34 of the First Amended Complaint, and therefore denies
`
`them.
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`35.
`
`KeyMe admits that claim 22 of the ’446 purports to depend on claim 1. KeyMe
`
`denies any remaining allegations in paragraph 35 of the First Amended Complaint.
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`36.
`
`KeyMe admits that paragraph 36 of the First Amended Complaint quotes, with
`
`modification, claim 1 of the ’446 patent, which was found invalid by the PTAB and was
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`
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`6
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`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 7 of 33 PageID #: 10548
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`invalidated by the PTO. KeyMe denies any remaining allegations in paragraph 36 of the First
`
`Amended Complaint.
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`37.
`
`KeyMe admits that paragraph 37 of the First Amended Complaint quotes claim 22
`
`of the ’446 patent. KeyMe denies any remaining allegations in paragraph 37 of the First
`
`Amended Complaint.
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`38.
`
`KeyMe admits that it has described its products using the words quoted in
`
`paragraph 38 of the First Amended Complaint. KeyMe denies any remaining allegations in
`
`paragraph 38 of the First Amended Complaint.
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`39.
`
`KeyMe admits that KeyMe kiosks include a housing and a customer interface.
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`KeyMe admits that KeyMe kiosks are capable of accepting payment through a credit card reader.
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`KeyMe denies any remaining allegations in paragraph 39 of the First Amended Complaint and
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`specifically denies that it has committed or is committing any act of patent infringement.
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`40.
`
`KeyMe admits that KeyMe kiosks are configured to receive a customer’s key.
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`KeyMe denies any remaining allegations in paragraph 40 of the First Amended Complaint and
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`specifically denies that it has committed or is committing any act of patent infringement.
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`41.
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`KeyMe admits that KeyMe kiosks analyze a key inserted by a customer into the
`
`kiosk. KeyMe denies any remaining allegations in paragraph 41 of the First Amended
`
`Complaint and specifically denies that it has committed or is committing any act of patent
`
`infringement.
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`42.
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`KeyMe admits that KeyMe kiosks analyze a key inserted by a customer into the
`
`kiosk and determine its key type. KeyMe denies any remaining allegations in paragraph 42 of
`
`the First Amended Complaint and specifically denies that it has committed or is committing any
`
`act of patent infringement.
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`7
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`43.
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`KeyMe admits that KeyMe kiosks can store and retrieve key blanks. KeyMe
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`denies any remaining allegations in paragraph 43 of the First Amended Complaint and
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`specifically denies that it has committed or is committing any act of patent infringement.
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`44.
`
`KeyMe denies the allegations in paragraph 44 of the First Amended Complaint
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`and specifically denies that it has committed or is committing any act of patent infringement.
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`45.
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`KeyMe admits that KeyMe kiosks include an opening that allows a customer to
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`access a new key made by the kiosk. KeyMe denies any remaining allegations in paragraph 45
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`of the First Amended Complaint and specifically denies that it has committed or is committing
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`any act of patent infringement.
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`46.
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`KeyMe denies the allegations in paragraph 46 of the First Amended Complaint
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`and specifically denies that it has committed or is committing any act of patent infringement.
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`47.
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`KeyMe admits that KeyMe kiosks include front panel that contains a place where
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`a customer’s key can be inserted. KeyMe denies any remaining allegations in paragraph 47 of
`
`the First Amended Complaint and specifically denies that it has committed or is committing any
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`act of patent infringement.
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`48.
`
`KeyMe denies the allegations in paragraph 48 of the First Amended Complaint
`
`and specifically denies that it has committed or is committing any act of patent infringement.
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`49.
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`KeyMe denies the allegations in paragraph 49 of the First Amended Complaint.
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`HILLMAN’S ALLEGATIONS OF INFRINGEMENT OF THE ’179 PATENT
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`50.
`
`51.
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`KeyMe repeats and incorporates its Answer to paragraphs 1-49.
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`KeyMe denies the allegations in paragraph 51 of the First Amended Complaint.
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`8
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`52.
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`KeyMe admits that the ’179 patent recites the words partially quoted in paragraph
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`52 of the First Amended Complaint but denies the remaining allegations in paragraph 52 of the
`
`First Amended Complaint.
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`53.
`
`KeyMe admits that paragraph 53 of the First Amended Complaint quotes claim 9
`
`of the ’179 patent. KeyMe denies any remaining allegations in paragraph 53 of the First
`
`Amended Complaint.
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`54.
`
`KeyMe admits that it has described its products using the words quoted in
`
`paragraph 54 of the First Amended Complaint. KeyMe denies any remaining allegations in
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`paragraph 54 of the First Amended Complaint.
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`55.
`
`KeyMe admits that KeyMe kiosks can store and retrieve key blanks. KeyMe
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`denies any remaining allegations in paragraph 55 of the First Amended Complaint and
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`specifically denies that it has committed or is committing any act of patent infringement.
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`56.
`
`KeyMe admits that paragraph 56 of the First Amended Complaint quotes portions
`
`of U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph 56 of the
`
`First Amended Complaint and specifically denies that it has committed or is committing any act
`
`of patent infringement.
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`57.
`
`KeyMe admits that paragraph 57 of the First Amended Complaint includes
`
`excerpts of U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph 57
`
`of the First Amended Complaint and specifically denies that it has committed or is committing
`
`any act of patent infringement.
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`58.
`
`KeyMe admits that paragraph 58 of the First Amended Complaint includes
`
`excerpts of U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph 58
`
`
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`9
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`of the First Amended Complaint and specifically denies that it has committed or is committing
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`any act of patent infringement.
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`59.
`
`KeyMe admits that it has represented in past press releases that its kiosks contain
`
`KeyMe patented technology. KeyMe denies any remaining allegations in paragraph 59 of the
`
`First Amended Complaint and specifically denies that it has committed or is committing any act
`
`of patent infringement.
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`60.
`
`KeyMe denies the allegations in paragraph 60 of the First Amended Complaint
`
`and specifically denies that it has committed or is committing any act of patent infringement.
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`61.
`
`62.
`
`KeyMe denies the allegations in paragraph 61 of the First Amended Complaint.
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`KeyMe denies the allegations in paragraph 62 of the First Amended Complaint.
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`HILLMAN’S ALLEGATIONS OF INFRINGEMENT OF THE ’474 PATENT
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`63.
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`64.
`
`65.
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`KeyMe repeats and incorporates its Answer to paragraphs 1-62.
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`KeyMe denies the allegations in paragraph 64 of the First Amended Complaint.
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`KeyMe admits that the ’474 patent recites the words partially quoted in paragraph
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`65 of the First Amended Complaint but denies the remaining the allegations of paragraph 65 of
`
`the First Amended Complaint.
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`66.
`
`KeyMe admits that paragraph 66 of the First Amended Complaint quotes claim 1
`
`of the ’474 patent. KeyMe denies any remaining allegations in paragraph 66 of the First
`
`Amended Complaint.
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`67.
`
`KeyMe admits that it has described its products using the words quoted in
`
`paragraph 67 of the First Amended Complaint. KeyMe denies any remaining allegations in
`
`paragraph 67 of the First Amended Complaint.
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`68.
`
`KeyMe denies the allegations in paragraph 68 of the First Amended Complaint.
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`10
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`69.
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`KeyMe admits that KeyMe kiosks include a transponder sensor. KeyMe denies
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`any remaining allegations in paragraph 69 of the First Amended Complaint and specifically
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`denies that it has committed or is committing any act of patent infringement.
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`70.
`
`KeyMe admits that paragraph 70 of the First Amended Complaint includes
`
`excerpts from U.S. Patent No. 9,563,885. KeyMe denies any remaining allegations in paragraph
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`70 of the First Amended Complaint.
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`71.
`
`KeyMe admits that KeyMe kiosks include internal light sources and cameras.
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`KeyMe denies any remaining allegations in paragraph 71 of the First Amended Complaint and
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`specifically denies that it has committed or is committing any act of patent infringement.
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`72.
`
`KeyMe admits that paragraph 72 of the First Amended Complaint includes
`
`excerpts of U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph 72
`
`of the First Amended Complaint.
`
`73.
`
`KeyMe admits that paragraph 73 of the First Amended Complaint includes an
`
`excerpt from U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph
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`73 of the First Amended Complaint.
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`74.
`
`KeyMe admits that paragraph 74 of the First Amended Complaint includes
`
`excerpts from U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph
`
`74 of the First Amended Complaint and specifically denies that it has committed or is
`
`committing any act of patent infringement.
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`75.
`
`KeyMe admits that paragraph 75 of the First Amended Complaint includes
`
`excerpts of U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph 75
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`of the First Amended Complaint and specifically denies that it has committed or is committing
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`any act of patent infringement.
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`11
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`76.
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`KeyMe admits that it has represented in past press releases that its kiosks contain
`
`KeyMe patented technology. KeyMe denies any remaining allegations in paragraph 76 of the
`
`First Amended Complaint and specifically denies that it has committed or is committing any act
`
`of patent infringement.
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`77.
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`KeyMe admits that KeyMe kiosks include components for cutting a key blank
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`retrieved from within the kiosk to create a new version of a customer’s key. KeyMe denies any
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`remaining allegations in paragraph 77 of the First Amended Complaint and specifically denies
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`that it has committed or is committing any act of patent infringement.
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`78.
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`KeyMe admits that KeyMe kiosks can store and retrieve key blanks. KeyMe
`
`denies any remaining allegations in paragraph 78 of the First Amended Complaint and
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`specifically denies that it has committed or is committing any act of patent infringement.
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`79.
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`KeyMe admits that KeyMe kiosks include components for cutting a key blank
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`retrieved from within the kiosk to create a new version of a customer’s key. KeyMe denies any
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`remaining allegations in paragraph 79 of the First Amended Complaint and specifically denies
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`that it has committed or is committing any act of patent infringement.
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`80.
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`KeyMe admits that KeyMe kiosks include a housing and a user interface. KeyMe
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`admits that, on its face, Exhibit J appears to be a printed version of a page from KeyMe’s
`
`website. KeyMe denies any remaining allegations in paragraph 80 of the First Amended
`
`Complaint.
`
`81.
`
`82.
`
`KeyMe denies the allegations in paragraph 81 of the First Amended Complaint.
`
`KeyMe admits that paragraph 82 of the First Amended Complaint quotes claim 11
`
`of the ’474 patent. KeyMe denies any remaining allegations in paragraph 82 of the First
`
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`12
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`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 13 of 33 PageID #: 10554
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`Amended Complaint. KeyMe understands that, as of August 4, 2020, Plaintiff no longer asserts
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`claim 11 of the ’474 patent.
`
`83.
`
`KeyMe admits that it has described its products using the words quoted in
`
`paragraph 83 of the First Amended Complaint. KeyMe denies any remaining allegations in
`
`paragraph 83 of the First Amended Complaint.
`
`84.
`
`85.
`
`KeyMe denies the allegations in paragraph 84 of the First Amended Complaint.
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`KeyMe admits that KeyMe kiosks include a transponder sensor. KeyMe denies
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`any remaining allegations in paragraph 85 of the First Amended Complaint and specifically
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`denies that it has committed or is committing any act of patent infringement.
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`86.
`
`KeyMe admits that paragraph 86 of the First Amended Complaint includes
`
`excerpts from U.S. Patent No. 9,563,885. KeyMe denies any remaining allegations in paragraph
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`86 of the First Amended Complaint.
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`87.
`
`KeyMe admits that KeyMe kiosks include internal light sources and cameras.
`
`KeyMe denies any remaining allegations in paragraph 87 of the First Amended Complaint and
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`specifically denies that it has committed or is committing any act of patent infringement.
`
`88.
`
`KeyMe admits that paragraph 88 of the First Amended Complaint includes an
`
`excerpt from U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph
`
`88 of the First Amended Complaint and specifically denies that it has committed or is
`
`committing any act of patent infringement.
`
`89.
`
`KeyMe admits that paragraph 89 of the First Amended Complaint includes an
`
`excerpt from U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph
`
`89 of the First Amended Complaint and specifically denies that it has committed or is
`
`committing any act of patent infringement.
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`
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`13
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`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 14 of 33 PageID #: 10555
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`90.
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`KeyMe admits that paragraph 90 of the First Amended Complaint includes
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`excerpts from U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph
`
`90.
`
`91.
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`KeyMe admits that paragraph 91 of the First Amended Complaint includes
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`excerpts from U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph
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`91 of the First Amended Complaint and specifically denies that it has committed or is
`
`committing any act of patent infringement.
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`92.
`
`KeyMe admits that it has represented in past press releases that its kiosks contain
`
`KeyMe patented technology. KeyMe denies any remaining allegations in paragraph 92 of the
`
`First Amended Complaint and specifically denies that it has committed or is committing any act
`
`of patent infringement.
`
`93.
`
`KeyMe admits that KeyMe kiosks include wireless communication hardware.
`
`KeyMe denies any remaining allegations in paragraph 93 of the First Amended Complaint and
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`specifically denies that it has committed or is committing any act of patent infringement.
`
`94.
`
`KeyMe admits that KeyMe kiosks include a housing and a user interface. KeyMe
`
`admits that, on its face, Exhibit J appears to be a printed version of a page from KeyMe’s website
`
`and includes a the text “try out KeyMe’s touchscreen today!” KeyMe denies any remaining
`
`allegations in paragraph 94 of the First Amended Complaint and specifically denies that it has
`
`committed or is committing any act of patent infringement.
`
`95.
`
`96.
`
`KeyMe denies the allegations in paragraph 95 of the First Amended Complaint.
`
`KeyMe denies the allegations in paragraph 96 of the First Amended Complaint
`
`and specifically denies that it has committed or is committing any act of patent infringement.
`
`
`
`14
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`
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`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 15 of 33 PageID #: 10556
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`97.
`
`KeyMe admits that KeyMe kiosks include components for cutting a bitting
`
`pattern in a key blank to create another version of an existing key. KeyMe denies any remaining
`
`allegations in paragraph 87 of the First Amended Complaint and specifically denies that it has
`
`committed or is committing any act of patent infringement.
`
`98.
`
`KeyMe admits that it has represented in advertisements that its customers can
`
`share keys and that new versions of those keys can be created at other KeyMe kiosks. KeyMe
`
`denies any remaining allegations in paragraph 98 of the First Amended Complaint and
`
`specifically denies that it has committed or is committing any act of patent infringement.
`
`99.
`
`KeyMe denies the allegations in paragraph 99 of the First Amended Complaint
`
`and specifically denies that it has committed or is committing any act of patent infringement.
`
`100. KeyMe admits that KeyMe kiosks include wireless communication hardware.
`
`KeyMe denies any remaining allegations in paragraph 100 of the First Amended Complaint and
`
`specifically denies that it has committed or is committing any act of patent infringement.
`
`101. KeyMe denies the allegations in paragraph 101 of the First Amended Complaint.
`
`102. KeyMe denies the allegations in paragraph 102 of the First Amended Complaint.
`
`103. KeyMe admits that paragraph 103 of the First Amended Complaint quotes claim
`
`20 of the ’474 patent. KeyMe denies any remaining allegations in paragraph 103 of the First
`
`Amended Complaint.
`
`104. KeyMe admits that it has described its products using the words quoted in
`
`paragraph 104 of the First Amended Complaint. KeyMe denies any remaining allegations in
`
`paragraph 104 of the First Amended Complaint.
`
`105. KeyMe denies the allegations in paragraph 105 of the First Amended Complaint.
`
`
`
`15
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`
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`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 16 of 33 PageID #: 10557
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`106. KeyMe admits that KeyMe kiosks include a transponder sensor. KeyMe denies
`
`any remaining allegations in paragraph 106 of the First Amended Complaint and specifically
`
`denies that it has committed or is committing any act of patent infringement.
`
`107. KeyMe admits that paragraph 107 of the First Amended Complaint includes
`
`excerpts from U.S. Patent No. 9,563,885. KeyMe denies any remaining allegations in paragraph
`
`107 of the First Amended Complaint and specifically denies that it has committed or is
`
`committing any act of patent infringement.
`
`108. KeyMe admits that KeyMe kiosks include internal light sources and cameras.
`
`KeyMe denies any remaining allegations in paragraph 108 of the First Amended Complaint and
`
`specifically denies that it has committed or is committing any act of patent infringement.
`
`109. KeyMe admits that paragraph 109 of the First Amended Complaint includes an
`
`excerpt from U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph
`
`109 of the First Amended Complaint and specifically denies that it has committed or is
`
`committing any act of patent infringement.
`
`110. KeyMe admits that paragraph 110 of the First Amended Complaint includes an
`
`excerpt from U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph
`
`110 of the First Amended Complaint and specifically denies that it has committed or is
`
`committing any act of patent infringement.
`
`111. KeyMe admits that paragraph 111 of the First Amended Complaint includes
`
`excerpts from U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph
`
`111 of the First Amended Complaint and specifically denies that it has committed or is
`
`committing any act of patent infringement.
`
`
`
`16
`
`
`
`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 17 of 33 PageID #: 10558
`
`112. KeyMe admits that paragraph 112 of the First Amended Complaint includes
`
`excerpts from U.S. Patent No. 8,682,468. KeyMe denies any remaining allegations in paragraph
`
`112 of the First Amended Complaint and specifically denies that it has committed or is
`
`committing any act of patent infringement.
`
`113. KeyMe admits that it has represented in past press releases that its kiosks contain
`
`KeyMe patented technology. KeyMe denies any remaining allegations in paragraph 113 of the
`
`First Amended Complaint and specifically denies that it has committed or is committing any act
`
`of patent infringement.
`
`114. KeyMe denies the allegations in paragraph 114 of the First Amended Complaint
`
`and specifically denies that it has committed or is committing any act of patent infringement.
`
`115. KeyMe admits that KeyMe kiosks can store and retrieve key blanks. KeyMe
`
`denies any remaining allegations in paragraph 115 of the First Amended Complaint and
`
`specifically denies that it has committed or is committing any act of patent infringement.
`
`116. KeyMe admits that KeyMe kiosks can cut a bitting pattern in a key blank to create
`
`another version of an existing key. KeyMe denies any remaining allegations in paragraph 116 of
`
`the First Amended Complaint and specifically denies that it has committed or is committing any
`
`act of patent infringement.
`
`117. KeyMe denies the allegations in paragraph 117 of the First Amended Complaint
`
`and specifically denies that it has committed or is committing any act of patent infringement.
`
`118. KeyMe denies the allegations in paragraph 118 of the First Amended Complaint.
`
`COUNT 1 (ALLEGED INFRINGEMENT OF U.S. PAT. NO. 8,979,446)
`
`119. KeyMe repeats and incorporates its Answer to paragraphs 1-118.
`
`120. KeyMe denies the allegations in paragraph 120 of the First Amended Complaint
`
`and specifically denies that it has committed or is committing any act of patent infringement.
`
`
`
`17
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`
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`Case 2:19-cv-00209-JRG Document 231 Filed 11/27/20 Page 18 of 33 PageID #: 10559
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`121. KeyMe denies the allegations in paragraph 121 of the First Amended Complaint
`
`and specifically denies that it has committed or is committing any act of patent infringement.
`
`122. KeyMe admits that is has been aware of the ’446 patent since no later than March
`
`30, 2015. KeyMe specifically denies that it has committed or is committing and act of patent
`
`infringement.
`
`123. KeyMe denies the allegations in paragraph 123 of the First Amended Complaint
`
`and specifically denies that it has committed or is committing any act of patent infringement.
`
`124. KeyMe denies the allegations in paragraph 124 of the First Amended Complaint
`
`and specifically denies that it has committed or is committing any act of patent infringement.
`
`125. Paragraph 125 sets forth a statement of relief requested by Plaintiff to which no
`
`response is required. KeyMe denies that Plaintiff is entitled to any of the requested relief and
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`denies a
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