Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 1 of 16
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`John P. Schnurer, Bar No. 185725
`JSchnurer@perkinscoie.com
`Kevin Patariu, Bar No. 256755
`KPatariu@perkinscoie.com
`Yun (Louise) Lu, Bar No. 253114
`LLu@perkinscoie.com
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130
`Telephone: 858.720.5700
`Facsimile: 858.720.5799
`
`Attorneys for Defendants and Counterclaim
`Plaintiffs
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`WESTERN DIVISION
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`Case No. 2:20-cv-01406 CJC-MRW
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`TCL’S ANSWER, AFFIRMATIVE
`DEFENSES AND COUNTERCLAIMS
`TO PLAINTIFFS’ FIRST AMENDED
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`Judge: Hon. Cormac J. Carney
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`JURY TRIAL DEMANDED
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`2:20-cv-01406 CJC-MRW
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`KONINKLIJKE PHILIPS N.V., and
`PHILIPS NORTH AMERICA LLC,
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`Plaintiffs,
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`v.
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`TTE TECHNOLOGY, INC., TCL
`INDUSTRIES HOLDINGS CO.,
`LTD., TCL ELECTRONICS
`HOLDINGS LTD., TCL KING
`ELECTRICAL APPLIANCES
`(HUIZHOU) CO. LTD., TCL MOKA
`INT’L LTD., SHENZHEN TCL NEW
`TECHNOLOGY CO., LTD., TCL
`SMART DEVICE (VIETNAM) CO.,
`LTD., AND TCL MOKA
`MANUFACTURING, S.A. DE C.V.,
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`Defendants.
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`
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`
`
`ANSWER TO FIRST
`AMENDED COMPLAINT
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`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 2 of 16
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`
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`Defendants TTE Technology, Inc., TCL Industries Holdings Co., Ltd., TCL
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`Electronics Holdings Ltd., TCL King Electrical Appliances (Huizhou) Co. Ltd.,
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`TCL Moka Int’l Ltd., Shenzhen TCL New Technology Co., Ltd., TCL Smart
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`Device (Vietnam) Co., Ltd., and TCL Moka Manufacturing, S.A. de C.V.
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`(collectively “Defendants” or “TCL”) by and through their attorneys, answer and
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`respond to the First Amended Complaint (the “FAC”) filed by Koninklijke Philips
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`N.V.’s and Philips North America LLC’s (collectively, “Philips” or “Plaintiffs”) as
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`follows:
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`NATURE OF THE ACTION
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`1.
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`TCL admits that Plaintiffs have brought this action for alleged patent
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`infringement but denies that it has committed any alleged infringing acts and that
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`Plaintiffs are entitled to any relief.
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`2.
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`TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`3.
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`TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`4.
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`TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`5.
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`TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`6.
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`TCL admits that this paragraph allegedly describes TCL without
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`clarity as to which TCL entity and purports two hyperlinks as related to TCL.
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`Except as explicitly admitted, TCL denies the remaining allegations in this
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`paragraph.
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`7.
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`TCL admits that a hyperlink is purported to describe a TCL TV.
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`Except as explicitly admitted, TCL denies the remaining allegations in this
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`paragraph.
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`8.
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`Denied.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
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`-1-
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`2:20-cv-01406 CJC-MRW
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`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 3 of 16
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`PARTIES
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`9.
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`TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`10. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`11. TCL admits that TTE Technology, Inc. (“TTE Technology”) is a
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`Delaware corporation, and imports into the United States certain televisions.
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`Except as explicitly admitted, TCL denies the remaining allegations in this
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`paragraph.
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`12. TCL admits that TCL Industries Holdings Co., Ltd. (“TCL Industries”)
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`is a holding company incorporated in China. Except as explicitly admitted, TCL
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`denies the remaining allegations in this paragraph.
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`13. TCl admits that TCL Electornics Holdings Ltd. (“TCL Electronics”) is
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`a holding company and located at 7/F Hong Kong Sience Park, Bldg 22 E, 22
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`Science Park East Ave, Sha Tin, Hong Kong. Except as explicitly admitted, TCL
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`denies the remaining allegations in this paragraph.
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`14. TCL admits that TCL King Electrical Appliances (Huizhou) Co.
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`(“TCL King”) is a Chinese corporation located at No. 78 Huifeng 4 Road, Zhongkai
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`Development Zone Huizhou, 516006, China and manufactures certain televisions.
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`Except as explicitly admitted, TCL denies the remaining allegations in this
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`paragraph.
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`15. TCL admits that TCL Moka International Ltd. (“TCL Moka”) is
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`incorporated in China and trades certain televisions. Except as explicitly admitted,
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`TCL denies the remaining allegations in this paragraph.
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`16. TCL admits that Shenzhen TCL New Technology Company Limited
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`(“TCL New Technology”) is incorporated in China, and conducts research and
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`development with respect to televisions. Except as explicitly admitted, TCL denies
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`the remaining allegations in this paragraph.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
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`-2-
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`2:20-cv-01406 CJC-MRW
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`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 4 of 16
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`17. TCL admits that TCL Smart Device (Vietnam) Co., Ltd. (“TCL
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`Vietnam”) is a Vietnamese corporation located at No. 26 VSIP II-A, Street 32,
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`Vietnam Singapore Industrial Park II-A, Tan Binh Commune, Bac Tan Uyen
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`District, Binh Duong Province, 75000, Vietnam, and manufactures certain
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`televisions. Except as explicitly admitted, TCL denies the remaining allegations in
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`this paragraph.
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`18. TCL admits that TCL Moka Manufacturing, S.A. de C.V. (“TCL
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`Moka Manufacturing”) is incorporated in Mexico and manufactures certain
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`televisions. Except as explicitly admitted, TCL denies the remaining allegations in
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`this paragraph.
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`19. Denied.
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`JURISDICTION AND VENUE
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`20. TCL admits that Plaintiffs have brought this action for alleged patent
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`infringement arising under the patent laws of the United States, Title 35 of the
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`United States Code, but TCL denies that it has infringed any claim of United States
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`Patent Nos. 7.052,152; 9,590,977; or 10,298,564 (collectively, the “Patents-in-
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`Suit”).
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`21. TCL admits that this Court has subject matter jurisdiction but denies
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`that Plaintiffs are entitled to any relief.
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`22. TCL admits that this Court has personal jurisdiction over TTE
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`Technology because it resides in California. Except as explicitly admitted, TCL
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`denies the remaining allegations in this paragraph.
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`23. TCL admits that TTE Technology is licensed to do business in the
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`State of California. Except as explicitly admitted, TCL denies the remaining
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`allegations in this paragraph.
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`24. Denied.
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`25. Denied.
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`26. Denied.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
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`-3-
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`2:20-cv-01406 CJC-MRW
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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 5 of 16
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`27. Denied.
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`28. Denied.
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`29. Denied.
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`30. TCL admits that a hyperlink is purported as an advertisement for
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`certain TCL TVs. Except as explicitly admitted, TCL denies the remaining
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`allegations in this paragraph.
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`31. TCL admits that venue is proper but denies that it has committed any
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`alleged infringing acts, in this or other Districts.
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`32. TCL admits that venue is proper over TTE Technology as it resides in
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`this District. Except as explicitly admitted, TCL denies the remaining allegations in
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`this paragraph.
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`33. TCL admits that venue is proper over Defendants TCL Industries, TCL
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`Electronics, TCL King, TCL Moka, TCL New Technology, TCL Vietnam and TCL
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`Moka Manufacturing as they are foreign companies. Except as explicitly admitted,
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`TCL denies the remaining allegations in this paragraph.
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`FACTUAL BACKGROUND
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`Philips Background, Innovation Leadership and Asserted Patents
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`34. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`U.S. Patent No. 7,052,152
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`35. TCL admits that a copy of a document purporting to be United States
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`Patent No. 7,052, 152 (“the ’152 patent) was attached to the FAC as Exhibit A.
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`Otherwise, TCL lacks sufficient knowledge or information to admit or deny the
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`remainder of this paragraph and denies it on that basis.
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`36. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
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`-4-
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`2:20-cv-01406 CJC-MRW
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`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 6 of 16
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`U.S. Patent No. 9,590,977
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`37. TCL admits that a copy of a document purporting to be United States
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`Patent No. 9,590,977 (“the ’977 patent) was attached to the FAC as Exhibit B.
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`Otherwise, TCL lacks sufficient knowledge or information to admit or deny the
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`remainder of this paragraph and denies it on that basis.
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`38. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`U.S. Patent No. 10,298,564
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`39. TCL admits that a copy of a document purporting to be United States
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`Patent No. 10,298, 564 (“the ’564 patent) was attached to the FAC as Exhibit C.
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`Otherwise, TCL lacks sufficient knowledge or information to admit or deny the
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`remainder of this paragraph and denies it on that basis.
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`40. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`TCL BACKGROUND AND INFRINGEMENT
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`41. Denied.
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`42. Denied.
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`43. Denied.
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`44. Denied.
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`Accused Products
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`45. TCL admits that two hyperlinks are purported as offers for sale of
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`certain TCL-branded TVs. Except as explicitly admitted, TCL denies the
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`remaining allegations in this paragraph.
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`46. Denied.
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`47. Denied.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
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`-5-
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`2:20-cv-01406 CJC-MRW
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`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 7 of 16
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`COUNT 1
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`INFRINGEMENT OF U.S. PATENT NO. 7,052,152
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`48. TCL incorporates its answers set forth in the preceding paragraphs as
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`if fully set forth herein.
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`49. Denied.
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`50. Denied.
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`51. Denied.
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`52. Denied.
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`53. Denied.
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`54. Denied.
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`55. Denied.
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`56. Denied.
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`57. Denied.
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`COUNT II
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`INFRINGEMENT OF U.S. PATENT NO. 9,590,977
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`58. TCL incorporates its answers set forth in the preceding paragraphs as
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`if fully set forth herein.
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`59. Denied.
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`60. Denied.
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`61. Denied.
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`62. Denied.
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`63. Denied.
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`64. Denied.
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`65. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`66. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
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`-6-
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`2:20-cv-01406 CJC-MRW
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`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 8 of 16
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`67. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`68. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`69. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`70. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`71. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`72. Denied.
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`73. Denied.
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`74. Denied.
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`75. Denied.
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`COUNT III
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`INFRINGEMENT OF U.S. PATENT NO. 10,298,564
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`76. TCL incorporates its answers set forth in the preceding paragraphs as
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`if fully set forth herein.
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`77. Denied.
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`78. Denied.
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`79. Denied.
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`80. Denied.
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`81. Denied.
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`82. Denied.
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`83. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`84. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
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`-7-
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`2:20-cv-01406 CJC-MRW
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`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 9 of 16
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`85. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`86. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`87. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`88. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`89. TCL lacks sufficient knowledge or information to admit or deny the
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`allegations of this paragraph, and on that basis, denies those allegations.
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`90. Denied.
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`91. Denied.
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`92. Denied.
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`93. Denied.
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`94. Denied.
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`95. Denied.
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`DAMAGES
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`PRAYER FOR RELIEF
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`TCL denies all allegations in Plaintiffs’ prayer for relief and denies that
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`Plaintiffs are entitled to any relief.
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`(a) Denied.
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`(b) Denied.
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`(c) Denied.
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`(d) Denied.
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`(e) Denied.
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`(f) Denied.
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`(g) Denied.
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`(h) Denied.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
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`-8-
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`2:20-cv-01406 CJC-MRW
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`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 10 of 16
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`(i) Denied.
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`DEMAND FOR JURY TRIAL
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`No response is required to Plaintiffs’ demand for a trial by jury.
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`AFFIRMATIVE DEFENSES
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`96. Further answering Plaintiffs’ FAC, and without assuming any burden
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`that it would not otherwise bear, TCL asserts the following affirmative defenses:
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`FIRST AFFIRMATIVE DEFENSE
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`(Patent Non-Infringement)
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`97. TCL has not infringed, and is not infringing, under 35 U.S.C. § 271
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`any claim of the Patents-in-Suit either literally or under the doctrine of equivalents
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`for the alleged manufacture, use, offer for sale, sale in the United States or
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`importation into the United States of the TCL products identified in the Complaint.
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`SECOND AFFIRMATIVE DEFENSE
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`(Patent Invalidity)
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`98. One or more claims of the ’152, ’977 and ’564 patents are invalid for
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`failing to comply with the provisions of the patent laws of the United States, as
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`codified in Title 35 of the United States Code, including, without limitation, 35
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`U.S.C. §§ 101-103 and/or 112.
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`THIRD AFFIRMATIVE DEFENSE
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`(Prosecution History Estoppel)
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`99. Plaintiffs are estopped from construing the claims of the Patents-in-
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`Suit to cover or include, either literally or by application of the doctrine of
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`equivalents, methods used or devices manufactured, used, imported, sold, or offered
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`for sale by TCL because of admissions, amendments, and statements to the USPTO
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`during prosecution of the applications leading to the issuance of the Patents-in-Suit
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`or related family members.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
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`-9-
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`2:20-cv-01406 CJC-MRW
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`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 11 of 16
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`FOURTH AFFIRMATIVE DEFENSE
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`(Unavailability of Damages Under §§ 284, 286, 287, and/or 288)
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`100. Plaintiffs’ claim for damages, if any, against TCL for alleged
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`infringement of the Patents-in-Suit is statutorily limited, in whole or in part, by the
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`provisions of 35 U.S.C. §§ 284, 286, 287, and/or 288.
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`FIFTH AFFIRMATIVE DEFENSE
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`(No Exceptional Case Under § 285)
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`101. This action is not an exceptional case under § 285.
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`SIXTH AFFIRMATIVE DEFENSE
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`(Equitable Bars)
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`102. Plaintiffs’ claims are barred in whole or in part under principles of
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`equity, including without limitation laches, prosecution laches, waiver,
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`acquiescence, estoppel and/or unclean hands.
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`SEVENTH AFFIRMATIVE DEFENSE
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`(License and Patent Exhaustion)
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`103. On information and belief, Plaintiffs’ claims are barred, in whole or in
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`part, in view of licensed rights, implied or otherwise, and/or under the doctrine of
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`patent exhaustion, including to the extent that any of the allegedly infringing
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`conduct is directly or indirectly related to or based on products made, sold or
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`provided by an entity that has an express or implied license to one or more of the
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`Patents-in-Suit, or to the extent that any of the allegedly infringing conduct is
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`directly or indirectly subject to rights granted to TCL or another entity to practice
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`any of the Patents-in-Suit based on participation in standards setting organizations.
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`EIGHTH AFFIRMATIVE DEFENSE
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`(Willfulness)
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`104. TCL has not willfully infringed any of the Patents-in-Suit.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
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`
`-10-
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`2:20-cv-01406 CJC-MRW
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`

`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 12 of 16
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`NINTH AFFIRMATIVE DEFENSE
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`(Failure to State a Claim)
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`105. Plaintiffs’ FAC fails to state a cause of action against TCL upon which
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`relief can be granted.
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`RESERVATION OF RIGHTS
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`106. TCL reserves its rights to raise additional defenses should discovery
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`warrant amending this answer.
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`COUNTERCLAIMS
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`1.
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`This is an action for declaratory judgment of non-infringement,
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`invalidity, and unenforceability of the ’152, ’977 and ’564 patents.
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`PARTIES
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`2.
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`Defendant and Counterclaim Plaintiff TTE Technology, Inc. (“TTE
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`Technology”) is a Delaware corporation having a principal place of business at 555
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`South Promenade Avenue, Suite 103, Corona, CA 92879.
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`3.
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`Defendant and Counterclaim Plaintiff TCL Industries Holdings Co.,
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`Ltd. (“TCL Industries”) is a Chinese corporation having a principal place of
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`business at 22 Floor, TCL Technical Tower,Huifeng 3 Road, Zhongkai
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`Development Zone, Huizhou, China.
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`4.
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`Defendant and Counterclaim Plaintiff TCL Electornics Holdings Ltd.
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`(“TCL Electronics”) is a Chinese corporation having a principal place of business at
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`7/F Hong Kong Sience Park, Bldg 22 E, 22 Science Park East Ave, Sha Tin, Hong
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`Kong.
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`5.
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`Defendant and Counterclaim Plaintiff TCL King Electrical Appliances
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`(Huizhou) Co. (“TCL King”) is a Chinese corporation having a principal place of
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`business at No. 78 Huifeng 4 Road, Zhongkai Development Zone Huizhou,
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`516006, China.
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`6.
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`Defendant and Counterclaim Plaintiff TCL Moka International Ltd.
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`(“TCL Moka) is a Chinese corporation having a principal place of business at 7/F
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`
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`ANSWER TO FIRST
`AMENDED COMPLAINT
`
`
`-11-
`
`2:20-cv-01406 CJC-MRW
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`

`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 13 of 16
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`Hong Kong Sience Park, Bldg 22 E, 22 Science Park East Ave, Sha Tin, Hong
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`Kong. Except as explicitly admitted, TCL denies the remaining allegations in this
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`paragraph.
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`7.
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`Defendant and Counterclaim Plaintiff Shenzhen TCL New Technology
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`Company Limited (“TCL New Technology”) is a Chinese corporation having a
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`principal place of business at 9 Floor, TCL Electronics Holdings Limited Building,
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`TCL International E City, #1001 Zhongshan Park Road, Nanshan District,
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`Shenzhen, Guangdong, 518067 P.R. China.
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`8.
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`Defendant and Counterclaim Plaintiff TCL Smart Device (Vietnam)
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`Co., Ltd. (“TCL Vietnam”) a Vietnamese corporation having a principal place of
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`business at No. 26 VSIP II-A, Street 32, Vietnam Singapore Industrial Park II-A,
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`Tan Binh Commune, Bac Tan Uyen District, Binh Duong Province, 75000
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`Vietnam.
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`9.
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`Defendant and Counterclaim Plaintiff TCL Moka Manufacturing, S.A.
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`de C.V. (“TCL Moka Manufacturing”) is a Mexican corporation having a principal
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`place of business at Camino Vecinal 2472, colonia, Canon del Padre, Tijuana Baja
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`California (identified as Building “A1”).
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`10. Plaintiff and Counterclaim Defendant Koninklijke Philips N.V.
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`(“Philips NV”) is a Netherlands corporation having a principal place of business at
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`High Tech Campus 5, 5656 AE Eindhoven, the Netherlands, as admitted in its
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`FAC.
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`11. Plaintiff and Counterclaim Defendant Philips North America LLC
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`(“Philips North America”) is a Delaware limited liability company having
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`subsidiaries with facilities and employees in this District, as admitted in its FAC.
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`JURISDICTION AND VENUE
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`12. This Court has subject matter jurisdiction under the Declaratory
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`Judgment Act, 28 U.S.C. §§ 2201 and 2202. There is a justiciable controversy
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`within the meaning of 28 U.S.C. §§ 2201 and 2202 between Philips and TCL
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`
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`ANSWER TO FIRST
`AMENDED COMPLAINT
`
`
`-12-
`
`2:20-cv-01406 CJC-MRW
`
`

`

`
`
`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 14 of 16
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`
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`regarding whether TCL and its products infringe the Patents-in-Suit, as alleged in
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`the FAC and TCL’s Affirmative Defenses.
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`13.
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`Jurisdiction over TCL’s Counterclaims also arises under the patent
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`laws of the United States, 35 U.S.C. § 1 et seq., and pursuant to the provisions of 28
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`U.S.C. §§ 1331 and 1338.
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`14. This Court has personal jurisdiction over Philips at least because
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`Philips has submitted to the jurisdiction of this Court by filling this action, among
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`other reasons. The Complaint accuses TCL of infringing the ’152, ’977, and ’564
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`patents under 35 U.S.C. § 271 for the alleged manufacture, use, offer for sale, sale
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`in the United States and importation into the United States of certain TCL products
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`as identified in the FAC.
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`15. Venue for these Counterclaims is proper in this Court under 28 U.S.C.
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`§ 1391(b) because Philips commenced this action in this District.
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`COUNTERCLAIM COUNT ONE
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`(Declaratory Judgment of Non-Infringement)
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`16. TCL incorporates by reference the preceding Counterclaim paragraphs
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`as though fully set forth herein.
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`17. TCL counterclaims against Philips pursuant to the patent laws of the
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`United States, Title 35 of the United States Code, and the Declaratory Judgments
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`Act, 28 U.S.C. §§ 2201 and 2202.
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`18. Philips has asserted that Philips N.V. and Philips North America are
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`the owner of the ’152, ’977 and ’564 patents.
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`19. Philips has alleged that TCL has infringed and is currently infringing
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`the ’152, ’977 and ’564 patents.
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`20. An actual and justiciable controversy exists between TCL and Philips
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`by virtue of the allegations of Philips’ FAC in this action and TCL’s Answer as to
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`whether TCL has infringed and/or infringes the ’152, ’977, and ’564 patents.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
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`-13-
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`2:20-cv-01406 CJC-MRW
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`

`

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`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 15 of 16
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`21. A judicial declaration is necessary for TCL to ascertain its rights with
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`respect to the ’152, ’977, and ’564 patents.
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`COUNTERCLAIM COUNT TWO
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`(Declaratory Judgment of Invalidity)
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`22. TCL incorporates by reference the preceding Counterclaim paragraphs
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`as though fully set forth herein.
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`23. Philips has asserted that the ’152, ’977 and ’564 patents are valid and
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`enforceable.
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`24. The ’152, ’977 and ’564 patents are invalid for failure to comply with
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`one or more requirements of the patent laws of the United States, including but not
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`limited to 35 U.S.C. §§ 101, 102, 103, and 112.
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`25. An actual controversy exists between TCL and Philips as to whether
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`the ’152, ’977 and ’564 patents are invalid.
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`26. A judicial declaration is necessary for TCL to ascertain its rights with
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`respects to the ’152, ’977 and ’564 patents.
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`PRAYER FOR RELIEF
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`Wherefore, TCL prays for relief as follows:
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`A. Dismissing with prejudice any and all claims of Philips’ FAC and
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`ordering that Philips take nothing as a result of its FAC;
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`B. Adjudging that TCL has not and does not infringe any valid and
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`enforceable claim of the ’152, ’977, and ’564 patents;
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`C. Adjudging the ’152, ’977, and ’564 patents are invalid;
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`D. Adjudging that Philips be denied any remedies available under 35
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`U.S.C. § 284;
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`E. Adjudging that Philips be denied injunctive relief;
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`F.
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`Finding that this is an exceptional case and awarding TCL its
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`attorneys’ fees incurred in this action as the prevailing party;
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`G. Adjudging that TCL be awarded its costs of suit; and
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`
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`ANSWER TO FIRST
`AMENDED COMPLAINT
`
`
`-14-
`
`2:20-cv-01406 CJC-MRW
`
`

`

`Case 6:20-cv-00945-ADA Document 5-1 Filed 10/26/20 Page 16 of 16
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`
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`H. Granting TCL such further relief as this Court may deem just and
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`proper or that TCL may be entitled to as a matter of law and equity.
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`
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`DEMAND FOR JURY TRIAL
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`TCL demands a trial by jury of all issues so triable.
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`
`Dated: September 17, 2020 By: /s/ John P. Schnurer
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`John P. Schnurer, Bar No. 185725
`Kevin Patariu, Bar No. 256755
`Yun (Louise) Lu, Bar No. 253114
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130
`Telephone: 858.720.5700
`Facsimile: 858.720.5799
`JSchnurer@perkinscoie.com
`KPatariu@perkinscoie.com
`LLu@perkinscoie.com
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`Attorneys for Defendants and Counterclaim
`Plaintiffs
`TTE Technology, Inc., TCL Industries
`Holdings Co., Ltd., TCL Electronics Holdings
`Ltd., TCL King Electrical Appliances
`(Huizhou) Co. Ltd., TCL Moka Int’l Ltd.,
`Shenzhen TCL New Technology Co., Ltd.,
`TCL Smart Device (Vietnam) Co., Ltd., and
`TCL Moka Manufacturing, S.A. de C.V.
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`ANSWER TO FIRST
`AMENDED COMPLAINT
`
`
`-15-
`
`2:20-cv-01406 CJC-MRW
`
`