Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 1 of 13 PageID #: 473
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`
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`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`Case No. 2:21-cv-00186-JRG
`§
`
`§
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`SAMSUNG ELECTRONICS CO. LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`Defendants.
`
`
`
`
`PLAINTIFF JAWBONE INNOVATIONS, LLC’S ANSWER TO
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.’S COUNTERCLAIMS
`
`Plaintiff/Counterclaim-Defendant Jawbone Innovations, LLC (“Jawbone”), by and
`
`through its undersigned counsel, hereby responds to the counterclaims in Samsung Electronics
`
`Co., Ltd. and Samsung Electronics America, Inc.’s (collectively, “Samsung”) Answer to Jawbone
`
`Innovations, LLC’s First Amended Complaint, and Counterclaims (Dkt. No. 27) (the
`
`“Counterclaims”) as follows:
`
`PARTIES
`
`1.
`
`2.
`
`3.
`
`Jawbone admits the allegations contained in paragraph 1 of the Counterclaims.
`
`Jawbone admits the allegations contained in paragraph 2 of the Counterclaims.
`
`Jawbone admits that it is a limited liability company established and existing under
`
`the laws of the State of Texas, with its principal place of business at 100 West Houston Street,
`
`Marshall, Texas 75670. Furthermore, Jawbone maintains a principal place of business at 104 East
`
`
`
`
`
`
`
`
`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`Case No. 2:21-cv-00186-JRG
`§
`
`§
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`SAMSUNG ELECTRONICS CO. LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`Defendants.
`
`
`
`
`PLAINTIFF JAWBONE INNOVATIONS, LLC’S ANSWER TO
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.’S COUNTERCLAIMS
`
`Plaintiff/Counterclaim-Defendant Jawbone Innovations, LLC (“Jawbone”), by and
`
`through its undersigned counsel, hereby responds to the counterclaims in Samsung Electronics
`
`Co., Ltd. and Samsung Electronics America, Inc.’s (collectively, “Samsung”) Answer to Jawbone
`
`Innovations, LLC’s First Amended Complaint, and Counterclaims (Dkt. No. 27) (the
`
`“Counterclaims”) as follows:
`
`PARTIES
`
`1.
`
`2.
`
`3.
`
`Jawbone admits the allegations contained in paragraph 1 of the Counterclaims.
`
`Jawbone admits the allegations contained in paragraph 2 of the Counterclaims.
`
`Jawbone admits that it is a limited liability company established and existing under
`
`the laws of the State of Texas, with its principal place of business at 100 West Houston Street,
`
`Marshall, Texas 75670. Furthermore, Jawbone maintains a principal place of business at 104 East
`
`
`
`
`
`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 2 of 13 PageID #: 474
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`
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`Houston Street, Suite 165, Marshall, Texas 75670. Jawbone denies any remaining allegations
`
`contained in paragraph 3 of the Counterclaims.
`
`JURISDICTION AND VENUE
`
`4.
`
`Jawbone admits that Samsung states in paragraph 4 of the Counterclaims that this
`
`is an action for declaratory judgment of noninfringement and invalidity of U.S. Patent Nos.
`
`8,019,091 (“the ʼ091 Patent”), 8,280,072 (“the ʼ072 Patent”), 7,246,058 (the “’058 Patent”),
`
`10,779,080 (the “’080 Patent”), 11,122,357 (the “’357 Patent”), 8,467,543 (the “’543 Patent”), and
`
`8,503,691 (the “’691 Patent”).
`
`5.
`
`Jawbone admits that this Court has subject matter jurisdiction under the Federal
`
`Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and under 28 U.S.C. §§ 1331, 1367, and
`
`1338(a). Jawbone denies that Samsung is entitled to any relief. Furthermore, Jawbone admits that
`
`an actual, substantial, and continuing justiciable controversy exists between Samsung and Jawbone
`
`concerning the ’091, ’072, ’058, ’080, ’357, ’543, and ’691 Patents in that Jawbone has filed a
`
`Complaint in this Court alleging that Samsung infringes the ’091, ’072, ’058, ’080, ’357, ’543, and
`
`’691 Patents. Jawbone denies any remaining allegations contained in paragraph 5 of the
`
`Counterclaims.
`
`6.
`
`Jawbone admits that this Court has personal jurisdiction over Jawbone. Jawbone
`
`denies any remaining allegations contained in paragraph 6 of the Counterclaims.
`
`7.
`
`Jawbone admits venue is proper in this Judicial District. Jawbone denies any
`
`remaining allegations contained in paragraph 7 of the Counterclaims.
`
`COUNT I
`NON-INFRINGEMENT OF THE ’091 PATENT
`
`Jawbone incorporates paragraphs 1-7, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 9 of the Counterclaims.
`
`8.
`
`9.
`
`2
`
`
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`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 3 of 13 PageID #: 475
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`
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`10.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`Samsung based on Samsung’s infringement of the ’091 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 10 of the
`
`Counterclaims.
`
`11.
`
`12.
`
`Jawbone denies the allegations contained in paragraph 11 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that it does not infringe and has
`
`not infringed (whether directly, contributorily, or by inducement) literally or under the doctrine of
`
`equivalents any valid and enforceable claim of the ’091 Patent. Jawbone denies that Samsung is
`
`entitled to such a declaratory judgment.
`
`13.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 13 of the Counterclaims.
`
`COUNT II
`NON-INFRINGEMENT OF THE ’072 PATENT
`
`Jawbone incorporates paragraphs 1-13, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 15 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`14.
`
`15.
`
`16.
`
`Samsung based on Samsung’s infringement of the ’072 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 16 of the
`
`Counterclaims.
`
`17.
`
`18.
`
`Jawbone denies the allegations contained in paragraph 17 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that it does not infringe and has
`
`not infringed (whether directly, contributorily, or by inducement) literally or under the doctrine of
`
`equivalents any valid and enforceable claim of the ’072 Patent. Jawbone denies that Samsung is
`
`entitled to such a declaratory judgment.
`
`3
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`
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`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 4 of 13 PageID #: 476
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`
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`19.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 19 of the Counterclaims.
`
`COUNT III
`NON-INFRINGEMENT OF THE ’058 PATENT
`
`Jawbone incorporates paragraphs 1-19, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 21 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`20.
`
`21.
`
`22.
`
`Samsung based on Samsung’s infringement of the ’058 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 22 of the
`
`Counterclaims.
`
`23.
`
`24.
`
`Jawbone denies the allegations contained in paragraph 23 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that it does not infringe and has
`
`not infringed (whether directly, contributorily, or by inducement) literally or under the doctrine of
`
`equivalents any valid and enforceable claim of the ’058 Patent. Jawbone denies that Samsung is
`
`entitled to such a declaratory judgment.
`
`25.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 25 of the Counterclaims.
`
`COUNT IV
`NON-INFRINGEMENT OF THE ’080 PATENT
`
`Jawbone incorporates paragraphs 1-25, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 27 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`26.
`
`27.
`
`28.
`
`Samsung based on Samsung’s infringement of the ’080 Patent. Jawbone denies that Samsung is
`
`4
`
`
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`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 5 of 13 PageID #: 477
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`
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`entitled to any relief and denies any remaining allegations contained in paragraph 28 of the
`
`Counterclaims.
`
`29.
`
`30.
`
`Jawbone denies the allegations contained in paragraph 29 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that it does not infringe and has
`
`not infringed (whether directly, contributorily, or by inducement) literally or under the doctrine of
`
`equivalents any valid and enforceable claim of the ’080 Patent. Jawbone denies that Samsung is
`
`entitled to such a declaratory judgment.
`
`31.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 31 of the Counterclaims.
`
`COUNT V
`NON-INFRINGEMENT OF THE ’357 PATENT
`
`Jawbone incorporates paragraphs 1-31, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 33 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`32.
`
`33.
`
`34.
`
`Samsung based on Samsung’s infringement of the ’357 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 34 of the
`
`Counterclaims.
`
`35.
`
`36.
`
`Jawbone denies the allegations contained in paragraph 35 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that it does not infringe and has
`
`not infringed (whether directly, contributorily, or by inducement) literally or under the doctrine of
`
`equivalents any valid and enforceable claim of the ’357 Patent. Jawbone denies that Samsung is
`
`entitled to such a declaratory judgment.
`
`37.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 37 of the Counterclaims.
`
`5
`
`
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`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 6 of 13 PageID #: 478
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`
`
`38.
`
`39.
`
`40.
`
`COUNT VI
`NON-INFRINGEMENT OF THE ’543 PATENT
`
`Jawbone incorporates paragraphs 1-37, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 39 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`Samsung based on Samsung’s infringement of the ’543 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 40 of the
`
`Counterclaims.
`
`41.
`
`42.
`
`Jawbone denies the allegations contained in paragraph 41 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that it does not infringe and has
`
`not infringed (whether directly, contributorily, or by inducement) literally or under the doctrine of
`
`equivalents any valid and enforceable claim of the ’543 Patent. Jawbone denies that Samsung is
`
`entitled to such a declaratory judgment.
`
`43.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 43 of the Counterclaims.
`
`COUNT VII
`NON-INFRINGEMENT OF THE ’691 PATENT
`
`Jawbone incorporates paragraphs 1-43, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 45 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`44.
`
`45.
`
`46.
`
`Samsung based on Samsung’s infringement of the ’691 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 46 of the
`
`Counterclaims.
`
`47.
`
`Jawbone denies the allegations contained in paragraph 47 of the Counterclaims.
`
`6
`
`
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`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 7 of 13 PageID #: 479
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`
`
`48.
`
`Jawbone admits that Samsung seeks a declaration that it does not infringe and has
`
`not infringed (whether directly, contributorily, or by inducement) literally or under the doctrine of
`
`equivalents any valid and enforceable claim of the ’691 Patent. Jawbone denies that Samsung is
`
`entitled to such a declaratory judgment.
`
`49.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 49 of the Counterclaims.
`
`COUNT VIII
`INVALIDITY OF THE ’091 PATENT
`
`50.
`
`51.
`
`52.
`
`Jawbone incorporates paragraphs 1-49, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 51 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`Samsung based on Samsung’s infringement of the ’091 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 52 of the
`
`Counterclaims.
`
`53.
`
`54.
`
`Jawbone denies the allegations contained in paragraph 53 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that the ’091 Patent is invalid for
`
`failing to comply with one or more of the requirements set forth under United States law, including,
`
`inter alia, 35 U.S.C. §§ 101, 102, 103, and/or 112. Jawbone denies that Samsung is entitled to such
`
`a declaratory judgment.
`
`55.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 55 of the Counterclaims.
`
`COUNT IX
`INVALIDITY OF THE ’072 PATENT
`
`56.
`
`Jawbone incorporates paragraphs 1-55, as if fully set forth herein.
`
`7
`
`
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`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 8 of 13 PageID #: 480
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`
`
`57.
`
`58.
`
`Jawbone denies the allegations contained in paragraph 57 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`Samsung based on Samsung’s infringement of the ’072 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 58 of the
`
`Counterclaims.
`
`59.
`
`60.
`
`Jawbone denies the allegations contained in paragraph 59 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that the ’072 Patent is invalid for
`
`failing to comply with one or more of the requirements set forth under United States law, including,
`
`inter alia, 35 U.S.C. §§ 101, 102, 103, and/or 112. Jawbone denies that Samsung is entitled to such
`
`a declaratory judgment.
`
`61.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 61 of the Counterclaims.
`
`COUNT X
`INVALIDITY OF THE ’058 PATENT
`
`62.
`
`63.
`
`64.
`
`Jawbone incorporates paragraphs 1-61, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 63 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`Samsung based on Samsung’s infringement of the ’058 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 64 of the
`
`Counterclaims.
`
`65.
`
`66.
`
`Jawbone denies the allegations contained in paragraph 65 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that the ’058 Patent is invalid for
`
`failing to comply with one or more of the requirements set forth under United States law, including,
`
`8
`
`
`
`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 9 of 13 PageID #: 481
`
`
`
`inter alia, 35 U.S.C. §§ 101, 102, 103, and/or 112. Jawbone denies that Samsung is entitled to such
`
`a declaratory judgment.
`
`67.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 67 of the Counterclaims.
`
`COUNT XI
`INVALIDITY OF THE ’080 PATENT
`
`68.
`
`69.
`
`70.
`
`Jawbone incorporates paragraphs 1-67, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 69 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`Samsung based on Samsung’s infringement of the ’080 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 70 of the
`
`Counterclaims.
`
`71.
`
`72.
`
`Jawbone denies the allegations contained in paragraph 71 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that the ’080 Patent is invalid for
`
`failing to comply with one or more of the requirements set forth under United States law, including,
`
`inter alia, 35 U.S.C. §§ 101, 102, 103, and/or 112. Jawbone denies that Samsung is entitled to such
`
`a declaratory judgment.
`
`73.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 73 of the Counterclaims.
`
`COUNT XII
`INVALIDITY OF THE ’357 PATENT
`
`74.
`
`75.
`
`Jawbone incorporates paragraphs 1-73, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 75 of the Counterclaims.
`
`9
`
`
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`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 10 of 13 PageID #: 482
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`
`
`76.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`Samsung based on Samsung’s infringement of the ’357 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 76 of the
`
`Counterclaims.
`
`77.
`
`78.
`
`Jawbone denies the allegations contained in paragraph 77 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that the ’357 Patent is invalid for
`
`failing to comply with one or more of the requirements set forth under United States law, including,
`
`inter alia, 35 U.S.C. §§ 101, 102, 103, and/or 112. Jawbone denies that Samsung is entitled to such
`
`a declaratory judgment.
`
`79.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 79 of the Counterclaims.
`
`COUNT XIII
`INVALIDITY OF THE ’543 PATENT
`
`80.
`
`81.
`
`82.
`
`Jawbone incorporates paragraphs 1-79, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 81 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`Samsung based on Samsung’s infringement of the ’543 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 82 of the
`
`Counterclaims.
`
`83.
`
`84.
`
`Jawbone denies the allegations contained in paragraph 83 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that the ’543 Patent is invalid for
`
`failing to comply with one or more of the requirements set forth under United States law, including,
`
`inter alia, 35 U.S.C. §§ 101, 102, 103, and/or 112. Jawbone denies that Samsung is entitled to such
`
`a declaratory judgment.
`
`10
`
`
`
`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 11 of 13 PageID #: 483
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`
`
`85.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 85 of the Counterclaims.
`
`COUNT XIV
`INVALIDITY OF THE ’691 PATENT
`
`86.
`
`87.
`
`88.
`
`Jawbone incorporates paragraphs 1-85, as if fully set forth herein.
`
`Jawbone denies the allegations contained in paragraph 87 of the Counterclaims.
`
`Jawbone admits that there is an actual case and controversy between Jawbone and
`
`Samsung based on Samsung’s infringement of the ’691 Patent. Jawbone denies that Samsung is
`
`entitled to any relief and denies any remaining allegations contained in paragraph 88 of the
`
`Counterclaims.
`
`89.
`
`90.
`
`Jawbone denies the allegations contained in paragraph 89 of the Counterclaims.
`
`Jawbone admits that Samsung seeks a declaration that the ’691 Patent is invalid for
`
`failing to comply with one or more of the requirements set forth under United States law, including,
`
`inter alia, 35 U.S.C. §§ 101, 102, 103, and/or 112. Jawbone denies that Samsung is entitled to such
`
`a declaratory judgment.
`
`91.
`
`Jawbone denies that Samsung is entitled to any relief and denies any remaining
`
`allegations contained in paragraph 91 of the Counterclaims.
`
`DEMAND FOR JURY TRIAL
`
`Jawbone demands a trial by jury for issues so triable.
`
`PRAYER FOR RELIEF
`
`Jawbone respectfully asks the Court to grant the following relief:
`
`A.
`
`B.
`
`Dismissing the Counterclaims in their entirety;
`
`Entry of judgment declaring the ’091, ’072, ’058, ’080, ’357, ’543, and ’691 Patents
`
`to be valid, enforceable, and infringed by Defendant;
`
`11
`
`
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`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 12 of 13 PageID #: 484
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`
`
`C.
`
`Awarding Jawbone its reasonable attorney fees and costs in defending this action;
`
`and
`
`D.
`
`Granting Jawbone such other and further relief as the Court deems just and proper.
`
`
`Dated: December 30, 2021
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /s/ Alfred R. Fabricant
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF
`JAWBONE INNOVATIONS, LLC
`
`12
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`Case 2:21-cv-00186-JRG-RSP Document 31 Filed 12/30/21 Page 13 of 13 PageID #: 485
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on December 30, 2021, all counsel of record who
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`are deemed to have consented to electronic service are being served with a copy of this document
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`via the Court’s CM/ECF system per Local Rule CV-5(a)(3).
`
`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
`
`
`
`
`
`
`
`
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`
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