Case 6:20-cv-00085-ADA Document 13 Filed 03/30/20 Page 1 of 13
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`
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`NAVBLAZER, LLC,
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`
`
`Plaintiff,
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` v.
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`APPLE INC.,
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`Defendant.
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`
`
`6:20-cv-00085-ADA
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`
`Case No.
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`JURY TRIAL DEMANDED
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`
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`DEFENDANT APPLE INC.’S ANSWER TO
`PLAINTIFF NAVBLAZER, LLC’S ORIGINAL
`COMPLAINT FOR PATENT INFRINGEMENT
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`Defendant, Apple Inc. (“Apple”), as and for its answer to Plaintiff NavBlazer, LLC’S
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`(“NavBlazer”) Complaint for Patent Infringement, states as follows:
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`THE PARTIES
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`1.
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`Apple lacks information sufficient to admit or deny the allegations of Paragraph 1
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`of the Complaint.
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`2.
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`Apple admits that it is a California corporation, but states that its principal place of
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`business is now located at One Apple Park Way, Cupertino, CA 95014. Apple admits that it may
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`be served with process through CT Corporation System, its registered agent. Apple further admits
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`that it designs, manufactures, and sells certain products, including the iPhone, iPad, Apple Watch,
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`MacBook, and MacBook Pro, which are marketed and sold throughout the United States.
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`JURISDICTION AND VENUE
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`3.
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`Apple admits that federal district courts have subject matter jurisdiction over cases
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`arising under 35 U.S.C. § 1 et seq. To the extent that Paragraph 3 alleges that NavBlazer has
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`Case 6:20-cv-00085-ADA Document 13 Filed 03/30/20 Page 2 of 13
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`standing to sue Apple for alleged patent infringement, Apple lacks information sufficient to admit
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`or deny that allegation.
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`4.
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`Apple admits that venue is proper in this District pursuant to 28 U.S.C. §§ 1391
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`and 1400(b). Apple denies that venue in this District is convenient or in the interests of justice
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`pursuant to 28 U.S.C. § 1404(a).
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`5.
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`Apple admits it is subject to specific personal jurisdiction in Texas for the purposes
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`of this case only. Apple denies that it or its customers have committed any acts of patent
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`infringement. Apple denies the remaining allegations of Paragraph 5 of the Complaint.
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`U.S. PATENT NOS. 9,075,136 AND 9,885,782
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`6.
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`Apple admits that the Complaint refers to U.S. Patent No. 9,075,136 (“the ’136
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`Patent”) and No. 9,885,782 (“the ’782 Patent”) (collectively the “Patents-in-Suit”). Apple lacks
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`sufficient information to admit or deny the remaining allegations of Paragraph 6 of the Complaint.
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`7.
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`Apple admits that the ’782 Patent states that it is a continuation of U.S. Patent
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`Application No. 09/259,957, filed on March 1, 1999, now Patent No. 9,075,136, and is entitled
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`“Vehicle Operator And/Or Occupant Information Apparatus and Method.” Apple admits that U.S.
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`Provisional Patent Application No. 60/076,800 was filed on March 4, 1998. To the extent that
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`Paragraph 7 of the Complaint contains an allegation that the priority claims referenced therein are
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`proper or operative, Apple lacks sufficient information to admit or deny that allegation.
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`8.
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`9.
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`Apple denies the allegations of Paragraph 8 of the Complaint.
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`Apple lacks sufficient information to admit or deny the allegations of Paragraph 9
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`of the Complaint.
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`10.
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`Apple admits that the Patents-in-Suit, on their faces, claim priority to a provisional
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`application dated March 4, 1998. To the extent that Paragraph 10 contains an allegation that this
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`priority claim is proper or operative, Apple lacks sufficient information to admit or deny that
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`allegation.
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`11.
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`12.
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`Apple denies the allegations of Paragraph 11 of the Complaint.
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`Apple admits that the prosecution history of the ’782 Patent contains a statement
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` regarding 35 U.S.C. § 101, the contents of which speak for themselves. Apple lacks sufficient
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`information to admit or deny the allegations of Paragraph 12 regarding what a patent examiner
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`“considered” or “found.” Apple denies that any statements by the examiner during the prosecution
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`of the ’782 Patent are relevant to whether the ’782 Patent claims patentable subject matter under
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`the law applicable to this proceeding.
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`DEFENDANT’S PRODUCTS
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`13.
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`Apple admits that it has sold, advertised, offered for sale, and used the models of
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`iPhone and iPad listed in Paragraph 13. The scope of NavBlazer’s reference to “navigation
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`functionality” is ambiguous and, therefore, Apple lacks sufficient information to admit or deny the
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`allegations of Paragraph 13 relating thereto. Apple denies any remaining allegations of Paragraph
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`13 of the Complaint.
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`COUNT I
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`(Alleged Infringement of U.S. Patent No. 9,885,782)
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`Apple incorporates its responses to the above paragraphs by reference.
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`Apple admits that it became aware of the ’782 Patent as of the date it received
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`14.
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`15.
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`service of the Original Complaint. Apple denies any remaining allegations of Paragraph 15 of the
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`Complaint.
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`16.
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`Paragraph 16 of the Complaint contains a reference to the term “Accused
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`Instrumentalities,” which NavBlazer has not defined. Wherever this term appears, Apple will
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`Case 6:20-cv-00085-ADA Document 13 Filed 03/30/20 Page 4 of 13
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`interpret it as referring to the specific product models listed in Paragraph 13 of the Complaint.
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`Apple denies the allegations of Paragraph 16 of the Complaint.
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`17.
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`18.
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`19.
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`20.
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`Apple denies the allegations of Paragraph 17 of the Complaint.
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`Apple denies the allegations of Paragraph 18 of the Complaint.
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`Apple denies the allegations of Paragraph 19 of the Complaint.
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`Apple denies that it, or any product or service it makes, uses, sells, offers for sale,
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`or imports, infringes claim 1 of the ’782 Patent. Apple admits that the iPhone XS and the iPad are
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`mobile devices. To the extent that any response is required to the statement in this Paragraph to
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`“See Figure 1” and “See also Figure 2,” Apple states that the pictures included in those Figures
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`speak for themselves. Apple denies any remaining allegations of Paragraph 20 of the Complaint.
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`21.
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`Apple admits that the iPhone XS supports certain global positioning technologies.
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`Apple lacks information sufficient to admit or deny NavBlazer’s allegation that an unspecified
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`“iPad” includes a global positioning device. Apple denies any remaining allegations of Paragraph
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`21 of the Complaint.
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`22.
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`Apple admits that the iPhone XS supports certain global positioning technologies
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`including, in some cases, “Assisted GPS.” Apple lacks information sufficient to admit or deny
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`NavBlazer’s allegation that an unspecified “iPad” includes a global positioning device. To the
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`extent that any response is required to the statement in this Paragraph to “See Figures 3 and 4,”
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`Apple states that the pictures included in those Figures speak for themselves. Apple denies any
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`remaining allegations of Paragraph 22 of the Complaint.
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`23.
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`Apple admits that the iPhone XS and certain versions of the iPad include versions
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`of the Apple Maps application. To the extent that any response is required to the statement in this
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`Paragraph to “See also Figures 5 and 6,” Apple states that the pictures included in those Figures
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`speak for themselves. Apple denies any remaining allegations of Paragraph 23 of the Complaint.
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`24.
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`To the extent that any response is required to the statement in this Paragraph to “See
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`also Figures 7 and 8,” Apple states that the pictures included in those Figures speak for themselves.
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`Apple admits that Paragraph 24 quotes an excerpt of the text found in Figure 7, except that Apple
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`denies the excerpt states “Maps gets you where you want to go.” Apple denies any remaining
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`allegations of Paragraph 24 of the Complaint.
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`25.
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`Apple admits that Paragraph 25 quotes an excerpt of the text found in Figure 8.
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`Apple denies the remaining allegations of Paragraph 25 of the Complaint.
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`26.
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`Apple admits that the iPhone XS and iPad include processors. Apple denies the
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`remaining allegations of Paragraph 26 of the Complaint.
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`27.
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`To the extent that any response is required to the statement in this Paragraph to “See
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`Figure 9” or “See also Figure 10,” Apple states that the pictures included in those Figures speak
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`for themselves. Apple admits that Paragraph 27 quotes an excerpt of the text found in Figure 9.
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`Apple denies the remaining allegations of Paragraph 27.
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`28.
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`29.
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`Apple denies the allegations of Paragraph 28 of the Complaint.
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`To the extent that any response is required to the statement in this Paragraph to “See
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`also Figure 11,” Apple states that the picture included in that Figure speaks for itself. Apple admits
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`that the language quoted in Paragraph 29 of the Complaint appears in the picture shown in Figure
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`11. Apple denies any remaining allegations of Paragraph 29 of the Complaint.
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`30.
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`Apple admits that the iPhone XS and iPads have a screen and a speaker. Apple
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`denies the remaining allegations of Paragraph 30 of the Complaint.
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`31.
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`NavBlazer’s complaint contains two images labeled as “Figure 11,” which appear
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`to be identical. Apple incorporates by reference its responses to NavBlazer’s allegations regarding
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`“Figure 11” in Paragraph 29, above. Apple admits that certain versions of the iPad have been sold
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`with versions of Apple Maps included. Apple denies any remaining allegations of Paragraph 31
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`of the Complaint.
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`32.
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`33.
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`Apple denies the allegations of Paragraph 32 of the Complaint.
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`Apple incorporates by reference its response to NavBlazer’s allegations regarding
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`“Figure 8” in Paragraph 24, above. Apple admits that the language quoted in Paragraph 33 of the
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`Complaint appears in Figure 8. Apple denies any remaining allegations of Paragraph 33 of the
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`Complaint.
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`34.
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`Apple incorporates by reference its responses to NavBlazer’s allegations regarding
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`“Figure 11” in Paragraph 29, above. Apple admits that the language quoted in Paragraph 34 of
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`the Complaint appears in Figure 11. Apple denies any remaining allegations of Paragraph 33 of
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`the Complaint.
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`35.
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`36.
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`37.
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`Apple denies the allegations of Paragraph 35 of the Complaint.
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`Apple denies the allegations of Paragraph 36 of the Complaint.
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`To the extent that any response is required to the statement in this Paragraph to “See
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`Figure 12,” Apple states that the picture included in that Figure speaks for itself. Apple admits
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`that the language quoted in Paragraph 37 of the Complaint is an excerpt of the text that appears in
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`Figure 12. Apple denies any remaining allegations of Paragraph 37 of the Complaint.
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`38.
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`To the extent that any response is required to the statement in this Paragraph to “See
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`also Figure 13,” Apple states that the picture included in that Figure speaks for itself. Apple admits
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`Case 6:20-cv-00085-ADA Document 13 Filed 03/30/20 Page 7 of 13
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`that the language quoted in Paragraph 38 of the Complaint is an excerpt of the text that appears in
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`Figure 13. Apple denies any remaining allegations of Paragraph 38 of the Complaint.
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`39.
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`Apple denies that it, or any product or service it makes, uses, sells, offers for sale,
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`or imports, infringes claim 8 of the ’782 Patent. To the extent that any response is required to the
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`statement in this Paragraph to “See Figure 14,” Apple states that the picture included in that Figure
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`speaks for itself. Apple denies the remaining allegations of Paragraph 39 of the complaint.
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`(Alleged Infringement of U.S. Patent No. 9,075,136)
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`Apple incorporates its responses to the above paragraphs by reference.
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`Apple admits that it became aware of the ’136 Patent as of the date it received
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`40.
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`41.
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`service of the Original Complaint. Apple denies any remaining allegations of Paragraph 41 of the
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`Complaint.
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`42.
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`43.
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`44.
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`45.
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`46.
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`Apple denies the allegations of Paragraph 42 of the Complaint.
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`Apple denies the allegations of Paragraph 43 of the Complaint.
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`Apple denies the allegations of Paragraph 44 of the Complaint.
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`Apple denies the allegations of Paragraph 45 of the Complaint.
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`Apple denies that it, or any product or service it makes, uses, sells, offers for sale,
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`or imports, infringes claim 55 of the ’136 Patent. Apple admits that the iPhone XS and the iPad
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`are mobile devices. NavBlazer’s complaint contains two sets of images labeled as “Figure 1” and
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`“Figure 2,” respectively, which appear to be identical. Apple incorporates by reference its
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`responses to NavBlazer’s allegations regarding “Figure 1” and “Figure 2” in Paragraph 20, above.
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`Apple denies any remaining allegations of Paragraph 46 of the Complaint.
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`47.
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`Apple admits that the iPhone XS supports certain global positioning technologies.
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`Apple lacks information sufficient to admit or deny NavBlazer’s allegation that an unspecified
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`“iPad” includes a global positioning device. Apple denies any remaining allegations of Paragraph
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`47 of the Complaint.
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`48.
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`Apple admits that the iPhone XS supports certain global positioning technologies
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`including, in some cases, “Assisted GPS.” Apple lacks information sufficient to admit or deny
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`NavBlazer’s allegation that an unspecified “iPad” includes a global positioning device.
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`NavBlazer’s complaint contains two sets of images labeled as “Figure 3” and “Figure 4,”
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`respectively, which appear to be identical. Apple incorporates by reference its responses to
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`NavBlazer’s allegations regarding “Figure 3” and “Figure 4” in Paragraph 22, above. Apple denies
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`any remaining allegations of Paragraph 48 of the Complaint.
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`49.
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`Apple admits that the iPhone XS and certain versions of the iPad include versions
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`of the Apple Maps application. NavBlazer’s complaint contains two sets of images labeled as
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`“Figure 5” and “Figure 6,” respectively, which appear to be identical. Apple incorporates by
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`reference its responses to NavBlazer’s allegations regarding “Figure 5” and “Figure 6” in
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`Paragraph 23, above. Apple denies any remaining allegations of Paragraph 49 of the Complaint.
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`50.
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`NavBlazer’s complaint contain two sets of images labeled as “Figure 7” and
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`“Figure 8,” respectively, which appear to be identical. Apple incorporates by reference its
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`responses to NavBlazer’s allegations regarding “Figure 7” and “Figure 8” in Paragraph 24, above.
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`Apple admits that Paragraph 50 quotes an excerpt of the text found in Figure 7, except that Apple
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`denies the excerpt states “Maps gets you where you want to go.” Apple denies any remaining
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`allegations of Paragraph 50 of the Complaint.
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`51.
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`Apple incorporates by reference its response to NavBlazer’s allegations regarding
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`“Figure 8” in Paragraph 24, above. Apple admits that Paragraph 51 quotes an excerpt of the text
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`found in Figure 8. Apple denies the remaining allegations of Paragraph 51 of the Complaint.
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`52.
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`Apple admits that the iPhone XS and iPad include processors. Apple denies the
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`remaining allegations of Paragraph 52 of the Complaint.
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`53.
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`NavBlazer’s complaint contains two sets of images labeled as “Figure 9” and
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`“Figure 10,” respectively, which appear to be identical. Apple incorporates by reference its
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`responses to NavBlazer’s allegations regarding “Figure 9” and “Figure 10” in Paragraph 27, above.
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`Apple denies any remaining allegations of Paragraph 53 of the Complaint.
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`54.
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`55.
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`Apple denies the allegations of Paragraph 54 of the Complaint.
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`Apple incorporates by reference its responses to NavBlazer’s allegations regarding
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`“Figure 11” in Paragraph 29, above. Apple admits that the language quoted in Paragraph 55 of
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`the Complaint appears in the picture shown in Figure 11. Apple denies any remaining allegations
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`of Paragraph 55 of the Complaint.
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`56.
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`Apple admits that the iPhone XS and iPad have a screen and a speaker. Apple
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`denies the remaining allegations of Paragraph 56 of the Complaint.
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`57.
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`Apple incorporates by reference its responses to NavBlazer’s allegations regarding
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`“Figure 11” in Paragraph 29, above. Apple admits that the language quoted in Paragraph 57 of
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`the Complaint appears in Figure 11. Apple admits that certain versions of the iPad have been sold
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`with versions of Apple Maps included. Apple denies any remaining allegations of Paragraph 31
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`of the Complaint.
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`58.
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`59.
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`Apple denies the allegations of Paragraph 58 of the Complaint.
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`Apple incorporates by reference its response to NavBlazer’s allegations regarding
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`“Figure 8” in Paragraph 24, above. Apple admits that the language quoted in Paragraph 59 of the
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`Complaint appears in Figure 8. Apple denies any remaining allegations of Paragraph 59 of the
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`Complaint.
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`Case 6:20-cv-00085-ADA Document 13 Filed 03/30/20 Page 10 of 13
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`60.
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`Apple incorporates by reference its responses to NavBlazer’s allegations regarding
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`“Figure 11” in Paragraph 29, above. Apple admits that the language quoted in Paragraph 60 of
`
`the Complaint appears in Figure 11. Apple denies any remaining allegations of Paragraph 60 of
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`the Complaint.
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`61.
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`62.
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`63.
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`Apple denies the allegations of Paragraph 61 of the Complaint.
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`Apple denies the allegations of Paragraph 62 of the Complaint.
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`NavBlazer’s complaint contains two images labeled as “Figure 12,” which appear
`
`to be identical. Apple incorporates by reference its responses to NavBlazer’s allegations regarding
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`“Figure 12” in Paragraph 37, above. Apple admits that the language quoted in Paragraph 63 of
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`the Complaint is an excerpt of the text that appears in Figure 12. Apple denies any remaining
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`allegations of Paragraph 63 of the Complaint.
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`64.
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`NavBlazer’s complaint contains two images labeled as “Figure 13,” which appear
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`to be identical. Apple incorporates by reference its responses to NavBlazer’s allegations regarding
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`“Figure 13” in Paragraph 38, above. Apple admits that the language quoted in Paragraph 64 of
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`the Complaint is an excerpt of the text that appears in Figure 13. Apple denies any remaining
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`allegations of Paragraph 64 of the Complaint.
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`65.
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`Apple denies that it, or any product or service it makes, uses, sells, offers for sale,
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`or imports, infringes claim 62 of the ’136 Patent. NavBlazer’s complaint contains two images
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`labeled as “Figure 14,” which appear to be identical. Apple incorporates by reference its responses
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`to NavBlazer’s allegations regarding “Figure 14” in Paragraph 39, above. Apple denies the
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`remaining allegations of Paragraph 65 of the complaint
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`Case 6:20-cv-00085-ADA Document 13 Filed 03/30/20 Page 11 of 13
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`RESPONSE TO NAVBLAZER’S PRAYER FOR RELIEF
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`To the extent that a response to NavBlazer’s Prayer for Relief is required, Apple denies
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`that NavBlazer is entitled to any form of relief whatsoever, whether in the form requested in the
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`Complaint or otherwise.
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`DEMAND FOR JURY TRIAL
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`
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`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Apple hereby demands a
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`trial by jury of all issues so triable.
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`DEFENSES
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`Apple sets forth the following defenses to NavBlazer’s claims, assuming the burden of
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`proof only as to those defenses where that burden properly rests by law with Apple.
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`FIRST DEFENSE – NON-INFRINGEMENT
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`Neither Apple, nor any Apple “Accused Instrumentality,” infringes the asserted claims of
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`the ’782 Patent or the ’136 Patent, whether directly or indirectly, and whether literally or under the
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`doctrine of equivalents.
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`SECOND DEFENSE – INVALIDITY
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`The asserted claims of the ’782 Patent and the ’136 Patent are invalid under each of
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`35 U.S.C. §§ 102, 103 and/or 112.
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`THIRD DEFENSE – LACK OF PATENTABLE SUBJECT MATTER
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`The asserted claims of the ’782 Patent and the ’136 Patent are invalid under
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`35 U.S.C. § 101 because they are directed to an abstract idea and fail to recite any inventive
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`concept that is substantially more than that abstract idea.
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`Case 6:20-cv-00085-ADA Document 13 Filed 03/30/20 Page 12 of 13
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`Date: March 30, 2020
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`Respectfully submitted,
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`By: /s/ Michael Pieja
`
`
`
`
`Michael Pieja (Pro Hac Vice to come)
`California State Bar No. 250351
`Alan Littmann (Pro Hac Vice to come)
`Illinois State Bar No. 6283389
`Doug Winnard (Pro Hac Vice to come)
`California State Bar No. 275420
`Samuel E. Schoenburg (Pro Hac Vice to come)
`Illinois State Bar No. 6327565
`GOLDMAN ISMAIL TOMASELLI
` BRENNAN & BAUM LLP
`200 S. Wacker Dr., 22nd Floor
`Chicago, Illinois 60606
`Tel: (312) 881-5954
`Tel: (312) 881-5969
`Tel: (312) 881-5944
`Tel: (312) 881-5173
`Email: mpieja@goldmanismail.com
`Email: alittmann@goldmanismail.com
`Email: dwinnard@goldmanismail.com
`Email: sschoenburg@goldmanismail.com
`
`J. Stephen Ravel
`Texas State Bar No. 1658497
`KELLY HART & HALLMAN LLP
`303 Colorado, Suite 2000
`Austin, Texas 78701
`Tel: (512) 495-6429
`Email: steve.ravel@kellyhart.com
`
`Attorneys for Defendant APPLE INC.
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`Case 6:20-cv-00085-ADA Document 13 Filed 03/30/20 Page 13 of 13
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`CERTIFICATE OF SERVICE
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`I hereby certify that all counsel of record who are deemed to have consented to electronic
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`service are being served with a copy of DEFENDANT APPLE INC.’S ANSWER TO
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`PLAINTIFF NAVBLAZER, LLC’S ORIGINAL COMPLAINT FOR PATENT
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`INFRINGEMENT via the Court’s CM/ECF system per Local Civil Rule CV-5(b)(1) on March
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`30, 2020.
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`
`
`/s/ J. Stephen Ravel
`J. Stephen Ravel
`
`
`
`