Case 6:21-cv-00798-ADA Document 12 Filed 11/12/21 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`GREATGIGZ SOLUTIONS, LLC,
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`Plaintiff
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` v.
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`WALMART INC.,
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`Defendant
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`
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`Case No. 6:21-cv-0798-ADA
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S ANSWER TO COUNTERCLAIMS
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`GreatGigz Solutions, LLC (“Plaintiff” and “Counter-Defendant”) hereby files this Answer to the
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`Counterclaims filed by Defendant Walmart Inc. (“Defendant”) at Dkt. No. 8, and would respond as
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`follows:
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`GreatGigz admits this allegation.
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`GreatGigz admits this allegation.
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`PARTIES
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`JURISDICTION
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`GreatGigz admits that the Counterclaims purport to raise claims under the patent laws of the
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`United States. GreatGigz denies such claims.
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`GreatGigz does not contest personal jurisdiction.
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`GreatGigz admits that venue is proper in this District. GreatGigz otherwise denies this allegation
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`to the extent it suggests another venue is more convenient.
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`
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`1.
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`2.
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`3.
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`4.
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`5.
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`
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`ANSWER TO COUNTERCLAIMS
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`1
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`
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`
`
`
`
`
`
`GREATGIGZ SOLUTIONS, LLC,
`
`
`
`
`
`Plaintiff
`
` v.
`
`WALMART INC.,
`
`
`
`
`Defendant
`
`
`
`
`
`
`Case No. 6:21-cv-0798-ADA
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF’S ANSWER TO COUNTERCLAIMS
`
`GreatGigz Solutions, LLC (“Plaintiff” and “Counter-Defendant”) hereby files this Answer to the
`
`Counterclaims filed by Defendant Walmart Inc. (“Defendant”) at Dkt. No. 8, and would respond as
`
`follows:
`
`GreatGigz admits this allegation.
`
`GreatGigz admits this allegation.
`
`PARTIES
`
`JURISDICTION
`
`GreatGigz admits that the Counterclaims purport to raise claims under the patent laws of the
`
`United States. GreatGigz denies such claims.
`
`GreatGigz does not contest personal jurisdiction.
`
`GreatGigz admits that venue is proper in this District. GreatGigz otherwise denies this allegation
`
`to the extent it suggests another venue is more convenient.
`
`
`
`1.
`
`2.
`
`3.
`
`4.
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`5.
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`
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`ANSWER TO COUNTERCLAIMS
`
`1
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`
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`Case 6:21-cv-00798-ADA Document 12 Filed 11/12/21 Page 2 of 5
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`COUNT I
`DECLARATION REGARDING [ALLEGED] NON-INFRINGEMENT
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`GreatGigz incorporates its responses above.
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`GreatGigz admits that a controversy exists among the parties.
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`GreatGigz denies this allegation and demands strict proof thereof.
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`GreatGigz denies this allegation and demands strict proof thereof.
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`6.
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`7.
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`8.
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`9.
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`10.
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`GreatGigz denies this allegation and demands strict proof thereof. GreatGigz further denies that
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`Defendant is entitled to any relief whatsoever.
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`COUNT II
`DECLARATION REGARDING [ALLEGED] NON-INFRINGEMENT
`
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`GreatGigz incorporates its responses above.
`
`GreatGigz admits that a controversy exists among the parties.
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`GreatGigz denies this allegation and demands strict proof thereof.
`
`GreatGigz denies this allegation and demands strict proof thereof.
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`GreatGigz denies this allegation and demands strict proof thereof. GreatGigz further denies that
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`Defendant is entitled to any relief whatsoever.
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`COUNT III
`DECLARATION REGARDING [ALLEGED] NON-INFRINGEMENT
`
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`GreatGigz incorporates its responses above.
`
`GreatGigz admits that a controversy exists among the parties.
`
`GreatGigz denies this allegation and demands strict proof thereof.
`
`GreatGigz denies this allegation and demands strict proof thereof.
`
`GreatGigz denies this allegation and demands strict proof thereof. GreatGigz further denies that
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`Defendant is entitled to any relief whatsoever.
`
`
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`11.
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`12.
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`13.
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`14.
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`15.
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`16.
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`17.
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`18.
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`19.
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`20.
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`
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`ANSWER TO COUNTERCLAIMS
`
`2
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`
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`Case 6:21-cv-00798-ADA Document 12 Filed 11/12/21 Page 3 of 5
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`COUNT IV
`DECLARATION REGARDING [ALLEGED] NON-INFRINGEMENT
`
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`GreatGigz incorporates its responses above.
`
`GreatGigz admits that a controversy exists among the parties.
`
`GreatGigz denies this allegation and demands strict proof thereof.
`
`GreatGigz denies this allegation and demands strict proof thereof.
`
`GreatGigz denies this allegation and demands strict proof thereof. GreatGigz further denies that
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`Defendant is entitled to any relief whatsoever.
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`COUNT V
`DECLARATION REGARDING [ALLEGED] INVALIDITY
`
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`GreatGigz incorporates its responses above.
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`GreatGigz admits that a controversy exists among the parties.
`
`GreatGigz denies this allegation and demands strict proof thereof.
`
`GreatGigz denies this allegation and demands strict proof thereof. GreatGigz further denies that
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`Defendant is entitled to any relief whatsoever.
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`COUNT VI
`DECLARATION REGARDING [ALLEGED] INVALIDITY
`
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`GreatGigz incorporates its responses above.
`
`GreatGigz admits that a controversy exists among the parties.
`
`GreatGigz denies this allegation and demands strict proof thereof.
`
`GreatGigz denies this allegation and demands strict proof thereof. GreatGigz further denies that
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`Defendant is entitled to any relief whatsoever.
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`
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`21.
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`22.
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`23.
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`24.
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`25.
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`26.
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`27.
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`28.
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`29.
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`30.
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`31.
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`32.
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`33.
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`
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`ANSWER TO COUNTERCLAIMS
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`3
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`Case 6:21-cv-00798-ADA Document 12 Filed 11/12/21 Page 4 of 5
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`34.
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`35.
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`36.
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`37.
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`38.
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`39.
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`40.
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`41.
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`COUNT VII
`DECLARATION REGARDING [ALLEGED] INVALIDITY
`
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`GreatGigz incorporates its responses above.
`
`GreatGigz admits that a controversy exists among the parties.
`
`GreatGigz denies this allegation and demands strict proof thereof.
`
`GreatGigz denies this allegation and demands strict proof thereof. GreatGigz further denies that
`
`Defendant is entitled to any relief whatsoever.
`
`COUNT VIII
`DECLARATION REGARDING [ALLEGED] INVALIDITY
`
`
`GreatGigz incorporates its responses above.
`
`GreatGigz admits that a controversy exists among the parties.
`
`GreatGigz denies this allegation and demands strict proof thereof.
`
`GreatGigz denies this allegation and demands strict proof thereof. GreatGigz further denies that
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`Defendant is entitled to any relief whatsoever.
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`PRAYER FOR RELIEF
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`GreatGigz denies all allegations in Defendant’s Prayer for Relief, and further denies that
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`Defendant is entitled to any relief whatsoever.
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`AFFIRMATIVE DEFENSES
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`1.
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`Failure to State a Claim. The Counterclaims, and each count therein, fail to state a claim upon
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`which relief may be granted.
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`2.
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`Unjust Enrichment. Defendant improperly enriched itself and should not benefit for its
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`improper and illegal acts.
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`3.
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`Validity. GreatGigz affirmatively pleads that all of Asserted Patents are valid.
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`ANSWER TO COUNTERCLAIMS
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`4
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`Case 6:21-cv-00798-ADA Document 12 Filed 11/12/21 Page 5 of 5
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`4.
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`Infringement. GreatGigz affirmatively pleads that Defendant has infringed, including directly
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`(whether individually or jointly) or indirectly (whether contributorily or by inducement), all
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`valid, enforceable claims of the Asserted Patents.
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`5.
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`6.
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`Lack of Standing. Defendant does not have any right or standing to assert the claims at issue.
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`Legal Doctrine. Defendant’s Counterclaims against GreatGigz are barred by one or more of the
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`equitable doctrines of laches, estoppel, acquiescence, waiver, and unclean hands.
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`7.
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`Reservation. GreatGigz reserves the right to assert additional affirmative defenses as they
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`become known through additional investigation and/or discovery during the course of this
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`litigation.
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`Dated: November 12, 2021
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`Respectfully Submitted,
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`
`
`
`
`/s/ René A. Vazquez
`René Vazquez
`Virginia Bar No. 41988
`rvazquez@ghiplaw.com
`M. Scott Fuller
`Texas Bar No. 24036607
`sfuller@ghiplaw.com
`Randall Garteiser
`Texas Bar No. 24038912
`rgarteiser@ghiplaw.com
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`GARTEISER HONEA, PLLC
`119 W. Ferguson Street
`Tyler, Texas 75702
`Telephone: (903) 705-7420
`Facsimile: (903) 405-3999
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`ATTORNEYS FOR PLAINTIFF
`GREATGIGZ SOLUTIONS, LLC
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`
`
`ANSWER TO COUNTERCLAIMS
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`5
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`
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