Case 6:17-cv-00146-KNM Document 49 Filed 06/29/17 Page 1 of 14 PageID #: 266
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`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Civil Action No. 6:17-cv-146
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`LEAD CASE
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`§§§§§
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`§§§§§
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`§§§§§
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`§§§§§
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`Civil Action No. 6:17-cv-225
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`JURY TRIAL DEMANDED
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`
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`
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`v.
`
`APPLE INC.
`
`Defendant.
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`v.
`
`APPLE INC., et al.,
`
`Defendants.
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`
`
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`AT&T MOBILITY LLC’S ANSWER TO PLAINTIFF’S COMPLAINT
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`Defendant AT&T Mobility LLC (“AT&T”), by and through its undersigned attorneys,
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`hereby responds to the Complaint of Plaintiff Cellular Communications Equipment, LLC
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`(“CCE”) (“Complaint”), with the following Answer and Defenses.
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`GENERAL DENIAL
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`Unless specifically admitted below, AT&T denies each and every allegation in the
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`Complaint. To the extent the headings of the Complaint are construed as allegations, they are
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`each denied.
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`THE PARTIES
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`1.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 1 of the Complaint, and therefore denies the same.
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`

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`2.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 2 of the Complaint, and therefore denies the same.
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`3.
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`The allegations of paragraph 3 are directed to a party no longer in the case and are
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`therefore denied.
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`4.
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`AT&T admits that it is a Delaware limited liability company organized under the
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`laws of the State of Delaware and has a principal place of business in Atlanta, Georgia. AT&T
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`admits that it may be served with process through its agent. AT&T admits it has transacted
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`business in the state of Texas and in the Eastern District of Texas, but denies any wrongdoing or
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`infringement. AT&T denies all remaining allegations of Paragraph 4.
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`5.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 5 of the Complaint, and therefore denies the same.
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`6.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 6 of the Complaint, and therefore denies the same.
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`7.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 7 of the Complaint, and therefore denies the same.
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`8.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 8 of the Complaint, and therefore denies the same.
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`9.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 9 of the Complaint, and therefore denies the same.
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`10.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 10 of the Complaint, and therefore denies the same.
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`11.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 11 of the Complaint, and therefore denies the same.
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`2
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`12.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 12 of the Complaint, and therefore denies the same.
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`JURISDICTION AND VENUE
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`13.
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`AT&T admits that the Complaint purports to set forth a patent infringement action
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`arising under the patent laws of the United States, Title 35 of the United States Code. AT&T
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`denies all remaining allegations of Paragraph 13.
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`14.
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`To the extent that the allegations of Paragraph 14 of the Complaint set forth legal
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`conclusions, no response is required. AT&T admits that this Court has subject matter
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`jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a) over actions arising under the patent laws
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`of the United States. AT&T denies all remaining allegations of Paragraph 14.
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`15.
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`To the extent that the allegations of Paragraph 15 of the Complaint set forth legal
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`conclusions, no response is required. In light of the Supreme Court’s recent decision in TC
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`Heartland LLC v. Kraft Foods Grp. Brands LLC, 197 L. Ed. 2d 816, 581 U.S. __ (2017), AT&T
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`takes no position regarding whether venue is proper in this judicial district as to AT&T Mobility.
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`AT&T denies that it resides in this district. AT&T admits it has transacted business in this
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`district. AT&T denies that it has committed any act of patent infringement in this district or any
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`other judicial district. AT&T lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations of Paragraph 15 of the Complaint, and therefore denies the
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`same.
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`16.
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`To the extent that the allegations of Paragraph 16 of the Complaint set forth legal
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`conclusions, no response is required. AT&T admits it has transacted business in this district.
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`AT&T denies that it has committed any act of patent infringement in this district or any other
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`judicial district. AT&T denies all remaining allegations in Paragraph 16.
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`3
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`

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`COUNT I—ALLEGED INFRINGEMENT OF U.S. PATENT NO. 6,892,074
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`17.
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`AT&T re-alleges and reincorporate its answers to Paragraphs 1–16 of the
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`Complaint as if fully set forth herein.
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`18.
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`AT&T admits that the cover page of U.S. Patent No. 6,892,074 (“’074 Patent”)
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`states that its title is “Selective Message Service to Primary and Secondary Mobile Stations.”
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`AT&T admits that what purports to be a copy of the ’074 Patent is attached as Exhibit A to the
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`Complaint. AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the remaining allegations of Paragraph 18 of the Complaint, and therefore denies the same.
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`19.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 19 of the Complaint, and therefore denies the same.
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`20.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 20 of the Complaint, and therefore denies the same.
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`21.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 21 of the Complaint, and therefore denies the same.
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`22.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 22 of the Complaint, and therefore denies the same.
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`COUNT II—ALLEGED INFRINGEMENT OF U.S. PATENT NO. 8,902,770
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`23.
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`AT&T re-alleges and reincorporate its answers to Paragraphs 1–22 of the
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`Complaint as if fully set forth herein.
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`24.
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`AT&T admits that the cover page of U.S. Patent No. 8,902,770 (“’770 Patent”)
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`states that its title is “Carrier Indicator Field Usage and Configuration in Carrier Aggregation.”
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`AT&T admits that what purports to be a copy of the ’770 Patent is attached as Exhibit B to the
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`Complaint. AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the remaining allegations of Paragraph 24 of the Complaint, and therefore denies the same.
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`4
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`25.
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`26.
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`27.
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`28.
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`Denied.
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`Denied.
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`Denied.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 28 of the Complaint, and therefore denies the same.
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`29.
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`30.
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`Denied.
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`AT&T denies that AT&T Mobility is a 3GPP member. AT&T admits it has
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`known about the ’770 Patent since being served with the Complaint. AT&T lacks knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 30
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`of the Complaint, and therefore denies the same.
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`31.
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`32.
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`33.
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`34.
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`35.
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`Denied.
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`Denied.
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`Denied.
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`Denied.
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`AT&T admits that AT&T has provided Apple brand devices. AT&T denies the
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`remaining allegations of Paragraph 35.
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`36.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 36 of the Complaint, and therefore denies the same.
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`37.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 37 of the Complaint, and therefore denies the same.
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`38.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 38 of the Complaint, and therefore denies the same.
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`39.
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`Denied.
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`5
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`COUNT III—ALLEGED INFRINGEMENT OF U.S. PATENT NO. 8,254,872
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`40.
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`AT&T re-alleges and reincorporate its answers to Paragraphs 1–39 of the
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`Complaint as if fully set forth herein.
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`41.
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`AT&T admits that the cover page of U.S. Patent No. 8,254,872 (“’872 Patent”)
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`states that its title is “Simplified Method for IMS Registration in the Event of Emergency
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`Calls.” AT&T admits that what purports to be a copy of the ’872 Patent is attached as Exhibit C
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`to the Complaint. AT&T lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations of Paragraph 41 of the Complaint, and therefore denies the
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`same.
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`42.
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`43.
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`44.
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`45.
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`Denied.
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`Denied.
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`Denied.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 45 of the Complaint, and therefore denies the same.
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`46.
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`47.
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`Denied.
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`AT&T denies that AT&T Mobility is a 3GPP member. AT&T admits it has
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`known about the ’872 Patent since being served with the Complaint. AT&T lacks knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 30
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`of the Complaint, and therefore denies the same.
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`48.
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`49.
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`50.
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`51.
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`Denied.
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`Denied.
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`Denied.
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`Denied.
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`6
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`52.
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`AT&T admits that AT&T has provided Apple brand devices. AT&T denies the
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`remaining allegations of Paragraph 52.
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`53.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 53 of the Complaint, and therefore denies the same.
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`54.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 54 of the Complaint, and therefore denies the same.
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`55.
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`Denied.
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`COUNT IV—ALLEGED INFRINGEMENT OF U.S. PATENT NO. 9,037,129
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`56.
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`AT&T re-alleges and reincorporate its answers to Paragraphs 1–55 of the
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`Complaint as if fully set forth herein.
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`57.
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`AT&T admits that the cover page of U.S. Patent No. 9,037,129 (“’129 Patent”)
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`states that its title is “Method, Network and Device for Information Provision by Using Paging
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`and Cell Broadcast Services.” AT&T admits that what purports to be a copy of the ’129 Patent
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`is attached as Exhibit D to the Complaint. AT&T lacks knowledge or information sufficient to
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`form a belief as to the truth of the remaining allegations of Paragraph 57 of the Complaint, and
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`therefore denies the same.
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`58.
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`59.
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`60.
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`61.
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`Denied.
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`Denied.
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`Denied.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 61 of the Complaint, and therefore denies the same.
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`62.
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`Denied.
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`7
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`63.
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`AT&T admits it has known about the ’129 Patent since being served with the
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`Complaint. AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the remaining allegations of Paragraph 63 of the Complaint, and therefore denies the same.
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`64.
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`65.
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`66.
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`67.
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`68.
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`Denied.
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`Denied.
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`Denied.
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`Denied.
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`AT&T admits that AT&T has provided Apple brand devices. AT&T denies the
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`remaining allegations of Paragraph 68.
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`69.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 69 of the Complaint, and therefore denies the same.
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`70.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 70 of the Complaint, and therefore denies the same.
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`71.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 71 of the Complaint, and therefore denies the same.
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`72.
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`Denied.
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`JOINDER OF PARTIES
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`73.
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`AT&T re-alleges and reincorporate its answers to Paragraphs 1–72 of the
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`Complaint as if fully set forth herein.
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`74.
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`AT&T admits that it has provided Apple brand devices. AT&T lacks knowledge
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`or information sufficient to form a belief as to the truth of the remaining allegations of
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`Paragraph 74 of the Complaint, and therefore denies the same.
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`75.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 75 of the Complaint, and therefore denies the same.
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`8
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`76.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 76 of the Complaint, and therefore denies the same.
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`77.
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`AT&T lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations of Paragraph 77 of the Complaint, and therefore denies the same.
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`78.
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`Denied.
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`WILLFULNESS
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`JURY DEMAND
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`Plaintiff’s demand for a jury trial does not require a response.
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`PRAYER FOR RELIEF
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`AT&T denies that Plaintiff is entitled to any relief whatsoever against AT&T, either as
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`prayed for in the Complaint or otherwise.
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`ADDITIONAL DEFENSES
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`AT&T alleges and asserts the following additional defenses in response to the allegations
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`of the Complaint, undertaking the burden of proof only as to those defenses required by law,
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`regardless of how such defenses are denominated herein. In addition to defenses pleaded herein,
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`AT&T reserves the right to allege additional defenses that become known through the course of
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`discovery or otherwise.
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`FIRST DEFENSE
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`(FAILURE TO STATE A CLAIM)
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`1.
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`The Complaint fails to state a claim against AT&T upon which relief can be
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`granted.
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`9
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`SECOND DEFENSE
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`(NON-INFRINGEMENT)
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`2.
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`AT&T does not infringe and has not infringed, literally or by the doctrine of
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`equivalents, any valid and enforceable claim of the ’770 Patent, ’872 Patent, or ’129 Patent
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`(collectively, the “Asserted Patents”), either directly, contributorily, by inducement, jointly, or in
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`any other manner.
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`THIRD DEFENSE
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`(PROSECUTION HISTORY ESTOPPEL)
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`3.
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`Plaintiff is estopped from construing any of the claims of the Asserted Patents in
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`such a way as may cover, encompass, and/or include AT&T’s products, services, or activities
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`and/or has waived any right to do so by reason of amendment, cancellation, and/or abandonment
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`of claims, and/or admissions, representations, and/or statements made by or on behalf of the
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`applicants, in any proceedings before the United States Patent and Trademark Office.
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`FOURTH DEFENSE
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`(INVALIDITY)
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`4.
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`Each and every claim of the Asserted Patents is invalid for failure to meet the
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`requirements of Title 35, United States Code, including but not limited to Sections 101, 102, 103,
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`112, and/or 116 thereof, and the rules, regulations, and laws pertaining thereto.
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`5.
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`6.
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`Each and every claim of the Asserted Patents is invalid for double patenting.
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`The Asserted Patents are invalid under 35 U.S.C. § 102 (f) and 35 U.S.C. § 116
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`for failure to identify the correct inventive entity.
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`7.
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`The Asserted Patents are invalid under 35 U.S.C. § 102 (f) because the named
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`inventors of each did not invent the subject matter sought to be patented.
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`10
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`

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`FIFTH DEFENSE
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`(35 U.S.C. § 286)
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`8.
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`Plaintiff’s claims for relief and prayer for damages are limited by 35 U.S.C. §
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`286.
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`SIXTH DEFENSE
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`(35 U.S.C. § 287)
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`9.
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`Upon information and belief, the relief sought by Plaintiff is barred or limited in
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`whole or in part by the failure to mark, by Plaintiff or by one or more parties licensed or
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`otherwise authorized to practice the Asserted Patents, as required by 35 U.S.C. § 287.
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`SEVENTH DEFENSE
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`(28 U.S.C. § 1498)
`
`10.
`
`To the extent that any accused product has been used or manufactured by or for
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`the United States Government, Plaintiff’s claims and demands for relief are barred by 28 U.S.C.
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`§ 1498.
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`EIGHTH DEFENSE
`
`(STANDING)
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`11.
`
`Plaintiff lacks standing to bring this suit because, as shown on the face of the ’770
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`and ’872 Patents, Plaintiff is not the assignee of those patents.
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`12.
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`Plaintiff also lacks standing to bring this suit to the extent that Plaintiff and/or its
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`predecessors-in-interest lacked ownership of the Asserted Patents at any relevant time during this
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`lawsuit. Plaintiff also lacks standing to bring this suit to the extent that Plaintiff and/or its
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`predecessors-in-interest lacked ownership of the Asserted Patents at the time they attempted to
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`assign their interest in the Asserted Patents. Plaintiff further lacks standing based on a lack of
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`11
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`

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`injury to the extent Plaintiff is accusing Defendants of behavior and actions that have not
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`occurred nor will occur in the reasonable future.
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`13.
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`In addition, Plaintiff lacks standing to bring this suit to the extent that Plaintiff
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`lacks any and all substantial rights to the Asserted Patents.
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`NINTH DEFENSE
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`(LICENSE)
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`14.
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`Plaintiff’s claims for relief are barred in whole or in part by express or implied
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`license.
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`TENTH DEFENSE
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`(PATENT EXHAUSTION)
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`15.
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`Plaintiff’s claims for relief are barred in whole or in part by the doctrine of patent
`
`exhaustion.
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`16.
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`Upon information and belief, to the extent that CCE’s claims against AT&T are
`
`based on the operation of Qualcomm components in the accused devices, CCE’s claims against
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`AT&T are barred under the doctrine of patent exhaustion.
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`ELEVENTH DEFENSE
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`(WAIVER, ESTOPPEL, CLAIM PRECLUSION, LACHES, UNCLEAN HANDS)
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`17.
`
`Plaintiff’s claims against AT&T regarding the Asserted Patents are barred by the
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`equitable doctrines of waiver, estoppel, claim preclusion, laches, and/or unclean hands.
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`WHEREFORE, AT&T requests that:
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`PRAYER FOR RELIEF
`
`(a)
`
`(b)
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`Plaintiff’s Complaint be dismissed with prejudice;
`
`The Court enter judgment that Plaintiff is not entitled to any relief
`whatsoever, whether in law or equity or otherwise, from its suit against
`AT&T;
`
`12
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`(c)
`
`(d)
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`(e)
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`(f)
`
`That the claims of the Asserted Patents be found invalid and/or
`unenforceable;
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`The Court enter judgment that AT&T does not infringe and has not
`infringed any valid claim of the Asserted Patents and that Plaintiff take
`nothing by its Complaint;
`
`The Court declare this case to be exceptional and award AT&T its
`reasonable attorneys’ fees and expenses incurred in defending this action;
`and
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`The Court grant such other and further relief as it deems to be just and
`proper
`
`Dated: June 29, 2017
`
`Respectfully submitted,
`
`
`
`
`
`/s/ Christopher W. Kennerly
`Christopher W. Kennerly
`chriskennerly@paulhastings.com
`TX Bar No. 00795077
`Paul Hastings LLP
`1117 S. California Ave.
`Palo Alto, CA 94304-1106
`Telephone: (650) 320-1800
`Facsimile: (650) 320-1900
`
`Jeffrey D. Comeau
`CA Bar No. 259679 (Admitted E.D. Tex.)
`jeffreycomeau@paulhastings.com
`Paul Hastings LLP
`4747 Executive Drive
`Twelfth Floor
`San Diego, CA 92121-3114
`Telephone: (858) 458-3000
`Facsimile: (858) 458-3005
`
`COUNSEL FOR DEFENDANT
`AT&T MOBILITY LLC
`
`
`
`
`
`13
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`Case 6:17-cv-00146-KNM Document 49 Filed 06/29/17 Page 14 of 14 PageID #: 279
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing document was filed
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`electronically in compliance with Local Rule CV-5 on this 29th day of June, 2017. As of this
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`date all counsel of record have consented to electronic service and are being served with a copy
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`of this document through the Court’s CM/ECF system under Local Rule CV-5(a)(3)(A).
`
`
`/s/ Christopher W. Kennerly
`Christopher W. Kennerly
`
`14
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`