Case 6:21-cv-01296-ADA-DTG Document 18 Filed 02/17/22 Page 1 of 53
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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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`IOENGINE, LLC,
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`Plaintiff/Counterclaim Defendant,
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`v.
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`
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`ROKU, INC.,
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`CIVIL ACTION NO.
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`6:21-cv-1296-ADA
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`
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`Jury Trial Demanded
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`
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`Defendant/Counterclaim Plaintiff.
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`
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`ROKU, INC.’S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS IN
`RESPONSE TO PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`Defendant Roku, Inc. (“Roku” or “Defendant”) by and through the undersigned counsel,
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`respectfully files its Answer, Affirmative Defenses, and Counterclaims, in response to the
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`Complaint for Patent Infringement (“Complaint”) filed by Plaintiff IOENGINE, LLC
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`(“IOENGINE” or “Plaintiff”). Roku denies each and every allegation in the Complaint, whether
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`express or implied, that is not expressly admitted below. Any factual allegation below is
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`admitted only as to the specific admitted facts and not as to any purported conclusions,
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`characterizations, implications, or speculations that arguably follow from the admitted facts.
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`Roku further denies that Plaintiff is entitled to the relief requested or any other relief. Roku
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`answers the Complaint as follows.
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`1.
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`The statement in paragraph 1 of the Complaint does not require a response from
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`Roku.
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`{ROKUIN/00009/00594060}
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`RESPONSE TO “THE PARTIES”
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`2.
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`Roku lacks sufficient knowledge or information to admit or deny the allegations
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`set forth in paragraph 2 of the Complaint and therefore denies the same.
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`3.
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`4.
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`Roku admits the allegations of paragraph 3 of the Complaint.
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`Roku admits that is may be served with process through Corporation Service
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`Company d/b/a CSC – Lawyers Incorporating Service Company, 211 E. 7th Street, Suite 620
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`Austin, Texas 78701.
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`RESPONSE TO “JURISDICTION AND VENUE”
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`5.
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`Roku admits that the Complaint purports to allege an action under the patent laws
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`of the United States, 35 U.S.C. § 100 et seq., including, but not limited to, 35 U.S.C. § 271.
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`Roku denies any liability thereunder.
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`6.
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`Roku admits that this Court has subject matter jurisdiction over patent
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`infringement claims pursuant to 28 U.S.C. §§ 1331 and 1338(a), but denies the merits of this
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`action.
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`7.
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`Roku does not contest, for the purposes of this action only, that it is subject to
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`specific personal jurisdiction in this District. Roku does not waive the right to contest personal
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`jurisdiction in any other case or action in this District. Roku admits that it maintains a regular
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`and established place of business at 9606 N. Mopac Expressway, Suite 400, Austin, Texas
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`78759. Except as expressly admitted, Roku denies all remaining allegations of paragraph 7,
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`including any allegations of infringement.
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`8.
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`Roku admits that the article cited in footnote 1 states that “Roku Inc. plans to
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`invest $2,152,400.00 to build out 62,884 square feet of new space in Austin.” Roku admits that
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`https://www.roku.com/jobs/listing?location=Austin%2C%20Texas is a Roku website that lists
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`{ROKUIN/00009/00594060}
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`job openings at Roku’s various locations, including in Austin. Except as expressly admitted,
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`Roku denies all remaining allegations of paragraph 8 of the Complaint, including any allegation
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`by Plaintiff that Roku maintains multiple “offices” in Texas.
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`9.
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`Roku admits that it has been sued in this District in the cases cited in paragraph 9
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`and that it has raised counterclaims of non-infringement and invalidity. Roku admits that the
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`MV3 and ESW Holdings cases were pursued through trial. Except as expressly admitted, Roku
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`denies all remaining allegations of paragraph 9 of the Complaint.
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`10.
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`Roku objects to the allegations of paragraph 10 of the Complaint as calling for a
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`legal conclusion, and therefore denies the same, along with any allegations of infringement.
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`11.
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`12.
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`Roku denies the allegations of paragraph 11 of the Complaint.
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`Roku denies that this District is the venue most convenient for the parties and
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`witnesses to hear the case, or the most appropriate venue in the interest of justice under 28
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`U.S.C. § 1404(a). Roku admits that it maintains a regular and established place of business at
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`9606 N. Mopac Expressway, Suite 400, Austin, Texas 78759. Roku denies any remaining
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`allegations in paragraph 12 of the Complaint, including any allegations of infringement.
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`13.
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`Roku admits that https://www.roku.com/investor and
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`https://www.roku.com/investor/management are Roku webpages. Roku admits that
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`https://www.roku.com/investor/management states that Mr. Scott de Haas is Senior Vice
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`President, Product Engineering and Operation and that he “oversees product engineering and
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`operation.” Roku admits that paragraph 6 of the August 5, 2021 declaration of Gergely Timar
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`states the following: “Technical work for Roku’s advertising business occurs at Roku’s San Jose,
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`CA, New York, NY, Boston, MA, Austin, TX, and Cardiff, United Kingdom offices. But there
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`are only a few technical employees who do advertising work out of Roku’s Austin, TX and
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`{ROKUIN/00009/00594060}
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`Cardiff, UK offices relative to the much larger number of advertising employees in Roku’s San
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`Jose, CA and Boston, MA offices. Those few employees in Roku’s Austin, TX office (less than
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`10) focus on overall advertising performance and do not do any direct development of the
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`OneView Ad platform. Rather, the majority of engineers in Roku’s Austin, TX office focus on
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`the Roku operating system, hardware, and embedded software development that is not related to
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`advertising. I am not aware of any Roku Austin, TX employees who have specialized
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`knowledge of the OneView Ad platform.” Roku denies any remaining allegations in paragraph
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`13 of the complaint, including any allegations of infringement.
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`14.
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`Roku admits that
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`https://www.roku.com/jobs/listing?location=Austin%2C%20Texas is a Roku website that lists
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`job openings at Roku’s various locations, including in Austin. Except as expressly admitted,
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`Roku denies all remaining allegations of paragraph 14 of the Complaint.
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`RESPONSE TO “BACKGROUND”
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`15.
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`Roku is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 15 of the Complaint, and therefore denies the same.
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`16.
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`Roku denies the allegations of paragraph 16 of the Complaint. Further, as noted
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`below, on information and belief, U.S. Patent Nos. 10,447,819 and 10,972,584 (“Asserted
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`Patents”) are invalid for failing to name inventors other than Scott McNulty.
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`RESPONSE TO “THE IOENGINE PATENTS-IN-SUIT”
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`17.
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`Roku admits that the face of U.S. Patent No. 10,447,819 lists the issue date as
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`October 15, 2019, the title as “Apparatus, Method and System for a Tunneling Client Access
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`Point,” an application number as 15/712,780, and purports to be a continuation of continuation of
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`U.S. Patent Application Ser. No. 14/721,540, which states to have issued as U.S. Patent No.
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`{ROKUIN/00009/00594060}
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`9,774,703, which purports to be a continuation of U.S. Patent Application Ser. No. 13/960,514,
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`which states to have issued as U.S. Patent No. 9,059,969, which purports to be a continuation of
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`U.S. Patent Application Ser. No. 12/950,321, which states to have issued as U.S. Patent No.
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`8,539,047, which purports to be a continuation of U.S. Patent Application Ser. No. 10/807,731,
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`which is stated to have been filed on March 23, 2004 and issued as U.S. Patent No. 7,861,006.
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`Roku denies that the ’819 patent was duly and legally issued and is without knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations of paragraph 17
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`of the Complaint, and therefore denies the same.
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`18.
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`Roku admits that the face of U.S. Patent No. 10,972,584 lists the issue date as
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`April 6, 2021, the title as “Apparatus, Method and System for a Tunneling Client Access Point,”
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`an application number as 16/579,169, and purports to be a continuation of U.S. Patent
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`Application Ser. No. 15/712,780, which states to have issued as U.S. Patent No. 10,447,819,
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`which purports to be a continuation of continuation of U.S. Patent Application Ser. No.
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`14/721,540, which states to have issued as U.S. Patent No. 9,774,703, which purports to be a
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`continuation of U.S. Patent Application Ser. No. 13/960,514, which states to have issued as U.S.
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`Patent No. 9,059,969, which purports to be a continuation of U.S. Patent Application Ser. No.
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`12/950,321, which states to have issued as U.S. Patent No. 8,539,047, which purports to be a
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`continuation of U.S. Patent Application Ser. No. 10/807,731, which is stated to have been filed
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`on March 23, 2004 and issued as U.S. Patent No. 7,861,006. Roku denies that the ’584 patent
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`was duly and legally issued and is without knowledge or information sufficient to form a belief
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`as to the truth of the remaining allegations of paragraph 18 of the Complaint, and therefore
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`denies the same.
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`{ROKUIN/00009/00594060}
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`19.
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`Roku is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 19 of the Complaint, and therefore denies the same.
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`20.
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`Roku denies the allegations of paragraph 20 of the Complaint.
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`RESPONSE TO “ROKU’S INFRINGEMENT”
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`21.
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`Roku repeats and incorporates its responses to the allegations of the preceding
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`paragraphs as if fully set forth herein.
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`22.
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`23.
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`24.
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`25.
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`Roku denies the allegations of paragraph 22 of the Complaint.
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`Roku denies the allegations of paragraph 23 of the Complaint.
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`Roku denies the allegations of paragraph 24 of the Complaint.
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`Roku admits that the websites cited in footnotes 10-23 of the Complaint are Roku
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`websites and denies the remaining allegations of paragraph 25 of the Complaint.
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`RESPONSE TO “FIRST COUNT FOR RELIEF
`(DIRECT INFRINGEMENT OF THE ’819 PATENT)”
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`Roku repeats and incorporates its responses to the allegations of the preceding
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`26.
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`paragraphs as if fully set forth herein.
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`27.
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`Roku admits that it has had knowledge of the ’819 patent since service of the
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`Complaint on December 15, 2021. Roku denies the remaining allegations of paragraph 27 of the
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`Complaint and specifically contends that the ’819 patent is invalid.
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`28.
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`Roku admits that it is not presently aware that it is directly licensed to the ’819
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`patent. Roku is without knowledge or information sufficient to form a belief as to the truth of
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`the allegations of paragraph 28 of the Complaint with respect to licenses that Roku is not a direct
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`party to but may be a beneficiary of, and therefore denies the same.
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`29.
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`30.
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`Roku denies the allegations of paragraph 29 of the Complaint.
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`Roku denies the allegations of paragraph 30 of the Complaint.
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`{ROKUIN/00009/00594060}
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`31.
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`32.
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`Roku denies the allegations of paragraph 31 of the Complaint.
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`Roku objects to the allegations of paragraph 32 of the Complaint as calling for a
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`legal conclusion, and therefore denies the same, along with any allegations of infringement.
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`33.
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`Roku admits that the website cited in footnote 26 is a Roku webpage. Roku
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`objects to the remaining allegations of paragraph 33 of the Complaint as calling for a legal
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`conclusion, and therefore denies the same, along with any allegations of infringement.
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`34.
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`Roku admits that the website cited in footnote 27 is a Roku webpage. Roku
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`objects to the remaining allegations of paragraph 34 of the Complaint as calling for a legal
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`conclusion, and therefore denies the same, along with any allegations of infringement.
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`35.
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`Roku admits that the website cited in footnote 28 is a Roku webpage. Roku
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`objects to the remaining allegations of paragraph 35 of the Complaint as calling for a legal
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`conclusion, and therefore denies the same, along with any allegations of infringement.
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`36.
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`Roku admits that the website cited in footnote 29 is a Roku webpage. Roku
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`objects to the remaining allegations of paragraph 36 of the Complaint as calling for a legal
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`conclusion, and therefore denies the same, along with any allegations of infringement.
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`37.
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`Roku admits that the website cited in footnote 30 is a Roku webpage. Roku
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`objects to the remaining allegations of paragraph 37 of the Complaint as calling for a legal
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`conclusion, and therefore denies the same, along with any allegations of infringement.
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`38.
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`Roku admits that the website cited in footnote 31 is a Roku webpage. Roku
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`objects to the remaining allegations of paragraph 38 of the Complaint as calling for a legal
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`conclusion, and therefore denies the same, along with any allegations of infringement.
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`39.
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`Roku admits that the websites cited in footnotes 32 and 33 are Roku webpages
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`and that paragraph 39 of the Complaint purports to quote or reproduce excerpts from these
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`{ROKUIN/00009/00594060}
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`webpages. Roku objects to the remaining allegations of paragraph 39 of the Complaint as calling
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`for a legal conclusion, and therefore denies the same, along with any allegations of infringement.
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`40.
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`Roku admits that the websites cited in footnotes 34 and 35 are Roku webpages
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`and that paragraph 40 of the Complaint purports to quote or reproduce excerpts from these
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`webpages. Roku objects to the remaining allegations of paragraph 40 of the Complaint as calling
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`for a legal conclusion, and therefore denies the same, along with any allegations of infringement.
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`41.
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`Roku admits that the websites cited in footnotes 36 and 37 are Roku webpages
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`and that paragraph 41 of the Complaint purports to quote or reproduce excerpts from these
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`webpages. Roku objects to the remaining allegations of paragraph 41 of the Complaint as calling
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`for a legal conclusion, and therefore denies the same, along with any allegations of infringement.
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`42.
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`Roku admits that the website cited in footnote 38 is a Roku webpage and that
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`paragraph 42 of the Complaint purports to reproduce excerpts from the webpage. Roku objects
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`to the remaining allegations of paragraph 42 of the Complaint as calling for a legal conclusion,
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`and therefore denies the same, along with any allegations of infringement.
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`43.
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`Roku admits that the website cited in footnote 39 is a Roku webpage and that
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`paragraph 43 of the Complaint purports to reproduce excerpts from the webpage. Roku objects
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`to the remaining allegations of paragraph 43 of the Complaint as calling for a legal conclusion,
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`and therefore denies the same, along with any allegations of infringement.
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`44.
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`Roku admits that the website cited in footnote 40 is a Roku webpage and that
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`paragraph 44 of the Complaint purports to reproduce excerpts from the webpage. Roku objects
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`to the remaining allegations of paragraph 44 of the Complaint as calling for a legal conclusion,
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`and therefore denies the same, along with any allegations of infringement.
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`{ROKUIN/00009/00594060}
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`45.
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`Roku admits that the website cited in footnote 41 is a Roku webpage and that
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`paragraph 45 of the Complaint purports to reproduce excerpts from the webpage. Roku objects
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`to the remaining allegations of paragraph 45 of the Complaint as calling for a legal conclusion,
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`and therefore denies the same, along with any allegations of infringement.
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`46.
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`Roku admits that paragraph 46 of the Complaint purports to reproduce excerpts
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`from the webpage cited in footnote 42. Roku objects to the allegations of paragraph 46 of the
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`Complaint as calling for a legal conclusion, and therefore denies the same, along with any
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`allegations of infringement.
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`47.
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`Roku admits that the websites cited in footnotes 43 and 44 are Roku webpages
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`and that paragraph 47 of the Complaint purports to quote from these webpages. Roku objects to
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`the remaining allegations of paragraph 47 of the Complaint as calling for a legal conclusion, and
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`therefore denies the same, along with any allegations of infringement.
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`48.
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`Roku admits that the websites cited in footnotes 45-52 are Roku webpages and
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`that paragraph 48 of the Complaint purports to quote or reproduce excerpts from these webpages.
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`Roku objects to the remaining allegations of paragraph 48 of the Complaint as calling for a legal
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`conclusion, and therefore denies the same, along with any allegations of infringement.
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`49.
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`Roku admits that the websites cited in footnotes 53-56 are Roku webpages and
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`that paragraph 49 of the Complaint purports to quote from these webpages. Roku objects to the
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`remaining allegations of paragraph 49 of the Complaint as calling for a legal conclusion, and
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`therefore denies the same, along with any allegations of infringement.
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`50.
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`Roku admits that the website cited in footnote 57 is a Roku webpage and that
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`paragraph 50 of the Complaint purports to reproduce an excerpt from this webpage. Because
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`paragraph 50 of the Complaint builds from and elaborates upon the allegations of paragraph 49
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`{ROKUIN/00009/00594060}
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`of the Complaint, Roku objects to the allegations of paragraph 50 of the Complaint as calling for
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`a legal conclusion, and therefore denies the same, along with any allegations of infringement.
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`51.
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`Roku admits that the website cited in footnote 58 is a Roku webpage and that
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`paragraph 51 of the Complaint purports to reproduce an excerpt from this webpage. Because
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`paragraph 51 of the Complaint builds from and elaborates upon the allegations of paragraph 49
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`of the Complaint, Roku objects to the allegations of paragraph 51 of the Complaint as calling for
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`a legal conclusion, and therefore denies the same, along with any allegations of infringement.
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`52.
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`Roku admits that the website cited in footnote 59 is a Roku webpage and that
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`paragraph 52 of the Complaint purports to reproduce an excerpt from this webpage. Because
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`paragraph 52 of the Complaint builds from and elaborates upon the allegations of paragraph 49
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`of the Complaint, Roku objects to the allegations of paragraph 52 of the Complaint as calling for
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`a legal conclusion, and therefore denies the same, along with any allegations of infringement.
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`53.
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`Roku admits that the websites cited in footnotes 60-68 are Roku webpages and
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`that paragraph 53 of the Complaint purports to quote or reproduce excerpts from these webpages.
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`Roku objects to the remaining allegations of paragraph 53 of the Complaint as calling for a legal
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`conclusion, and therefore denies the same, along with any allegations of infringement.
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`54.
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`Roku admits that the website cited in footnote 69 is a Roku webpage and that
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`paragraph 54 of the Complaint purports to reproduce an excerpt from the webpage. Roku objects
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`to the remaining allegations of paragraph 54 of the Complaint as calling for a legal conclusion,
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`and therefore denies the same, along with any allegations of infringement.
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`55.
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`Roku admits that the website cited in footnote 70 is a Roku webpage. Because
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`paragraph 55 of the Complaint builds from and elaborates upon the allegations of paragraph 54
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`{ROKUIN/00009/00594060}
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`of the Complaint, Roku objects to the allegations of paragraph 55 of the Complaint as calling for
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`a legal conclusion, and therefore denies the same, along with any allegations of infringement.
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`56.
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`Roku admits that the website cited in footnote 71 is a Roku webpage and that
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`paragraph 56 of the Complaint purports to quote from the webpage. Roku objects to the
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`remaining allegations of paragraph 56 of the Complaint as calling for a legal conclusion, and
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`therefore denies the same, along with any allegations of infringement.
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`57.
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`Because paragraph 57 of the Complaint builds from and elaborates upon the
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`allegations of paragraph 56 of the Complaint, Roku objects to the allegations of paragraph 57 of
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`the Complaint as calling for a legal conclusion, and therefore denies the same, along with any
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`allegations of infringement.
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`58.
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`Roku admits that the websites cited in footnotes 72-84 are Roku webpages and
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`that paragraph 58 of the Complaint purports to quote from these webpages. Roku objects to the
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`remaining allegations of paragraph 58 of the Complaint as calling for a legal conclusion, and
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`therefore denies the same, along with any allegations of infringement.
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`59.
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`Roku admits that the website cited in footnote 85 is a Roku webpage and that
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`paragraph 59 of the Complaint purports to quote from the webpage. Roku objects to the
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`remaining allegations of paragraph 59 of the Complaint as calling for a legal conclusion, and
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`therefore denies the same, along with any allegations of infringement.
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`60.
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`Roku admits that the websites cited in footnotes 86-98 are Roku webpages and
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`that paragraph 60 of the Complaint purports to quote from these webpages. Roku objects to the
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`remaining allegations of paragraph 60 of the Complaint as calling for a legal conclusion, and
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`therefore denies the same, along with any allegations of infringement.
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`{ROKUIN/00009/00594060}
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`61.
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`Roku admits that the website cited in footnote 100 is a Roku webpage and that
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`paragraph 61 of the Complaint purports to quote from the webpage. Roku objects to the
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`remaining allegations of paragraph 61 of the Complaint as calling for a legal conclusion, and
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`therefore denies the same, along with any allegations of infringement.
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`62.
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`Roku admits that the website cited in footnote 101 is a Roku webpage and lists
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`certain “CPU[s]” as corresponding to different Roku models. Roku objects to the remaining
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`allegations of paragraph 62 of the Complaint as calling for a legal conclusion, and therefore
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`denies the same, along with any allegations of infringement.
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`63.
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`Roku admits that the website cited in footnote 103 is a Roku webpage and lists
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`certain “RAM” figures as corresponding to different Roku models. Roku objects to the
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`remaining allegations of paragraph 63 of the Complaint as calling for a legal conclusion, and
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`therefore denies the same, along with any allegations of infringement.
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`64.
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`Because paragraph 64 of the Complaint builds from and elaborates upon the
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`allegations of paragraph 63 of the Complaint, Roku objects to the allegations of paragraph 64 of
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`the Complaint as calling for a legal conclusion, and therefore denies the same, along with any
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`allegations of infringement.
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`65.
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`Roku admits that the website cited in footnote 104 is a Roku webpage and that
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`paragraph 65 of the Complaint purports to quote or reproduce excerpts from the webpage. Roku
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`objects to the remaining allegations of paragraph 65 of the Complaint as calling for a legal
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`conclusion, and therefore denies the same, along with any allegations of infringement.
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`66.
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`Roku objects to the allegations of paragraph 66 of the Complaint as calling for a
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`legal conclusion, and therefore denies the same, along with any allegations of infringement.
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`{ROKUIN/00009/00594060}
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`67.
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`Because paragraph 67 of the Complaint builds from and elaborates upon the
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`allegations of paragraph 66 of the Complaint, Roku objects to the allegations of paragraph 67 of
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`the Complaint as calling for a legal conclusion, and therefore denies the same, along with any
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`allegations of infringement.
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`68.
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`Roku admits that the website cited in footnote 105 is a Roku webpage and that
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`paragraph 68 of the Complaint purports to quote from the webpage. Because paragraph 68 of the
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`Complaint builds from and elaborates upon the allegations of paragraph 66 of the Complaint,
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`Roku objects to the allegations of paragraph 68 of the Complaint as calling for a legal
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`conclusion, and therefore denies the same, along with any allegations of infringement.
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`69.
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`Roku objects to the allegations of paragraph 69 of the Complaint as calling for a
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`legal conclusion, and therefore denies the same, along with any allegations of infringement.
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`70.
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`Roku admits that the website cited in footnote 106 is a Roku webpage and that
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`paragraph 70 of the Complaint purports to quote from the webpage. Roku objects to the
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`remaining allegations of paragraph 70 of the Complaint as calling for a legal conclusion, and
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`therefore denies the same, along with any allegations of infringement.
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`71.
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`Roku admits that the website cited in footnote 107 is a Roku webpage and that
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`paragraph 71 of the Complaint purports to quote from the webpage. Roku objects to the
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`remaining allegations of paragraph 71 of the Complaint as calling for a legal conclusion, and
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`therefore denies the same, along with any allegations of infringement.
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`72.
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`Roku admits that the websites cited in footnotes 107 and 108 are Roku webpages
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`and that paragraph 72 of the Complaint purports to quote from these webpages. Roku objects to
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`the remaining allegations of paragraph 72 of the Complaint as calling for a legal conclusion, and
`
`therefore denies the same, along with any allegations of infringement.
`
`{ROKUIN/00009/00594060}
`
`
`13
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`Case 6:21-cv-01296-ADA-DTG Document 18 Filed 02/17/22 Page 14 of 53
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`73.
`
`Roku admits that the website cited in footnote 110 is a Roku webpage and that
`
`paragraph 73 of the Complaint purports to quote from the webpage. Roku objects to the
`
`remaining allegations of paragraph 73 of the Complaint as calling for a legal conclusion, and
`
`therefore denies the same, along with any allegations of infringement.
`
`74.
`
`Roku admits that the websites cited in footnotes 111 and 112 are Roku webpages
`
`and that paragraph 74 of the Complaint purports to quote from these webpages. Roku objects to
`
`the remaining allegations of paragraph 74 of the Complaint as calling for a legal conclusion, and
`
`therefore denies the same, along with any allegations of infringement.
`
`75.
`
`Roku admits that the website cited in footnote 113 is a Roku webpage. Because
`
`paragraph 75 of the Complaint builds from and elaborates upon the allegations of paragraph 74
`
`of the Complaint, Roku objects to the allegations of paragraph 75 of the Complaint as calling for
`
`a legal conclusion, and therefore denies the same, along with any allegations of infringement.
`
`76.
`
`Roku admits that the website cited in footnote 114 is a Roku webpage and that
`
`paragraph 76 of the Complaint purports to quote from the webpage. Because paragraph 76 of the
`
`Complaint builds from and elaborates upon the allegations of paragraph 74 of the Complaint,
`
`Roku objects to the allegations of paragraph 76 of the Complaint as calling for a legal
`
`conclusion, and therefore denies the same, along with any allegations of infringement.
`
`77.
`
`Roku admits that the website cited in footnote 115 is a Roku webpage and that
`
`paragraph 77 of the Complaint purports to quote from the webpage. Because paragraph 77 of the
`
`Complaint builds from and elaborates upon the allegations of paragraph 74 of the Complaint,
`
`Roku objects to the allegations of paragraph 77 of the Complaint as calling for a legal
`
`conclusion, and therefore denies the same, along with any allegations of infringement.
`
`{ROKUIN/00009/00594060}
`
`
`14
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`Case 6:21-cv-01296-ADA-DTG Document 18 Filed 02/17/22 Page 15 of 53
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`78.
`
`Roku admits that the website cited in footnotes 116 and 117 are Roku webpages
`
`and that paragraph 78 of the Complaint purports to quote from these webpages. Because
`
`paragraph 78 of the Complaint builds from and elaborates upon the allegations of paragraph 74
`
`of the Complaint, Roku objects to the allegations of paragraph 78 of the Complaint as calling for
`
`a legal conclusion, and therefore denies the same, along with any allegations of infringement.
`
`79.
`
`Roku admits that the website cited in footnote 118 is a Roku webpage and that
`
`paragraph 79 of the Complaint purports to reproduce an excerpt from the webpage. Because
`
`paragraph 79 of the Complaint builds from and elaborates upon the allegations of paragraph 74
`
`of the Complaint, Roku objects to the allegations of paragraph 79 of the Complaint as calling for
`
`a legal conclusion, and therefore denies the same, along with any allegations of infringement.
`
`80.
`
`Roku admits that the website cited in footnote 119 is a Roku webpage and that
`
`paragraph 80 of the Complaint purports to quote the webpage. Because paragraph 80 of the
`
`Complaint builds from and elaborates upon the allegations of paragraph 74 of the Complaint,
`
`Roku objects to the allegations of paragraph 80 of the Complaint as calling for a legal
`
`conclusion, and therefore denies the same, along with any allegations of infringement.
`
`81.
`
`Roku admits that the websites cited in footnotes 120-122 are Roku webpages and
`
`that paragraph 81 of the Complaint purports to quote from these webpages. Roku objects to the
`
`remaining allegations of paragraph 81 of the Complaint as calling for a legal conclusion, and
`
`therefore denies the same, along with any allegations of infringement.
`
`82.
`
`Roku admits that the websites cited in footnotes 123 and 124 are Roku webpages
`
`and that paragraph 82 of the Complaint purports to quote from these webpages. Because
`
`paragraph 82 of the Complaint builds from and elaborates upon the allegations of paragraph 81
`
`{ROKUIN/00009/00594060}
`
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`Case 6:21-cv-01296-ADA-DTG Document 18 Filed 02/17/22 Page 16 of 53
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`of the Complaint, Roku objects to the allegations of paragraph 82 of the Complaint as calling for
`
`a legal conclusion, and therefore denies the same, along with any allegations of infringement.
`
`83.
`
`Roku admits that the websites cited in footnotes 125-127 are Roku webpages and
`
`that paragraph 83 of the Complaint purports to quote from these webpages. Because paragraph
`
`83 of the Complaint builds from and elaborates upon the allegations of paragraph 81 of the
`
`Complaint, Roku objects to the allegations of paragraph 83 of the Complaint as calling for a
`
`legal conclusion, and therefore denies the same, along with any allegations of infringement.
`
`84.
`
`Roku admits that the website cited in footnote 128 is a Roku webpage and that
`
`paragraph 84 of the Complaint purports to quote from the webpage. Because paragraph 84 of the
`
`Complaint builds from and elaborates upon the allegations of paragraph 81 of the Complaint,
`
`Roku objects to the allegations of paragraph 84 of the Complaint as calling for a legal
`
`conclusion, and therefore denies the same, along with any allegations of infringement.
`
`85.
`
`Roku admits that the website cited in footnote 129 is a Roku webpage and that
`
`paragraph 85 of the Complaint purports to quote from the webpage. Roku objects to the
`
`remaining allegations of paragraph 85 of the Complaint as calling for a legal conclusion, and
`
`therefore denies the same, along with any allegations of infringement.
`
`86.
`
`Roku objects to the allegations of paragraph 86 of the Complaint as calling for a
`
`legal conclusion, and therefore denies the same, along with any allegations of infringement.
`
`87.
`
`Roku admits that the website cited in footnote 130 is a Roku webpage and that
`
`paragraph 87 of the Complaint purports to quote from the webpage. Roku objects to the
`
`remaining allegations of paragraph 87 of the Complaint as calling for a legal conclusion, and
`
`therefore denies the same, along with any allegations of infringement.
`
`88.
`
`Roku denies the allegations of paragraph 88 of the Complaint.
`
`{ROKUIN/00009/00594060}
`
`
`16
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`Case 6:21-cv-01296-ADA-DTG Document 18 Filed 02/17/22 Page 17 of 53
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`89.
`
`Roku denies the allegations of paragraph 89 of the Complaint.
`
`RESPONSE TO “SECOND COUNT FOR RELIEF
`(INDIRECT INFRINGEMENT OF THE ’819 PATENT)”
`
`90.
`
`Roku repeats and incorporates its responses to the allegations of the preceding
`
`
`
`paragraphs as if fully set forth herein.
`
`91.
`
`Roku admits that the webs