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`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 1 of 27
`
`THE HONORABLE JAMES L. ROBART
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`CASE NO.: 2:17-cv-00932-JLR
`DEFENDANTS HTC CORPORATION
`AND HTC AMERICA, INC.’S
`ANSWER TO PLAINTIFF CYWEE
`GROUP LTD.’S SECOND AMENDED
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`CYWEE GROUP LTD.,
`
`Plaintiffs,
`
`v.
`HTC CORPORATION, and HTC AMERICA,
`INC.,
`
`Defendants.
`
`HTC CORPORATION, and HTC AMERICA,
`INC.,
`
`Third-Party Plaintiffs,
`
`v.
`STMicroelectronics N.V., STMicroelectronics,
`Inc., and CyWee Motion Group Ltd.,
`
`Third-Party Defendants.
`
`Defendants HTC Corporation (“HTC Corp.”) and HTC America, Inc. (“HTC America”)
`
`(collectively, “HTC” or “Defendants”), by and through their undersigned counsel, hereby
`
`respond to Plaintiff CyWee Group Ltd.’s (“CyWee” or “Plaintiff”) Second Amended Complaint
`
`for Patent Infringement of United States Patent No. 8,441,438 (“the ’438 Patent”) and United
`
`States Patent No. 8,552,978 (“the ’978 Patent”) as follows. To the extent any allegation in the
`
`Second Amended Complaint is not explicitly admitted herein, it is denied.
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 1 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 2 of 27
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`
`THE PARTIES
`
`1.
`
`HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 1, and therefore denies them.
`
`2.
`
`HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 2, and therefore denies them.
`
`3.
`
`HTC Corp. admits that it is a corporation organized and existing under the laws of
`
`Taiwan, with a principal place of business located at No. 88, Section 3, Zhongxing Road,
`
`Xindian District, New Taipei City 231, Taiwan. HTC Corp. admits that it manufactures products
`
`that are available in the United States. Except as expressly admitted herein, HTC Corp. denies
`
`the remaining allegations in Paragraph 3.
`
`4.
`
`HTC America admits that it is a corporation organized and existing under the
`
`laws of the state of Washington, with its principal place of business located at 308 Occidental
`
`Avenue South, Floor 3, Seattle, Washington 98104. HTC America admits that it has imported,
`
`sold, or offered for sale various products within the United States. Except as expressly admitted
`
`herein, HTC America denies the remaining allegations in Paragraph 4.
`
`5.
`
`HTC America admits that it does business within the state of Washington. Except
`
`as expressly admitted herein, HTC denies the remaining allegations in Paragraph 5.
`
`JURISDICTION AND VENUE
`
`6.
`
`HTC admits that CyWee’s Second Amended Complaint purports to set forth an
`
`action arising under the patent laws of the United States, 35 U.S.C. § 1, et seq., and that this
`
`Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a), provided that
`
`the requirements of standing are satisfied. Except as expressly admitted herein, HTC denies the
`
`remaining allegations in Paragraph 6.
`
`7.
`
`HTC America does not contest that this Court has personal jurisdiction over it.
`
`For purposes of this case only, HTC Corp. does not contest that this Court has personal
`
`jurisdiction over it. HTC America admits that it has conducted business within the state of
`
`Washington. HTC Corp. admits that it filed a complaint in the civil action captioned, HTC
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 2 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 3 of 27
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`Corporation v. Telefonaktiebolaget LM Ericsson, No. 2:17-cv-00534-MJP (W.D. Wash. Apr. 6,
`
`2017). HTC America admits that it is a corporation organized and existing under the laws of the
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`state of Washington. Except as expressly admitted herein, HTC denies the remaining allegations
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`in Paragraph 7.
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`8.
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`HTC America admits that it does business within the state of Washington. Except
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`as expressly admitted herein, HTC denies the remaining allegations in Paragraph 8.
`
`9.
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`HTC America admits that it is a corporation organized and existing under the
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`laws of the state of Washington. HTC America does not contest that venue in this case is proper.
`
`HTC denies the remaining allegations in Paragraph 9.
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`10.
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`HTC Corp. admits that it is not incorporated in the United States. HTC Corp.
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`does not contest that venue is proper. HTC denies the remaining allegations in Paragraph 10.
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`11.
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`HTC admits that the U.S. section of htc.com includes a webpage for U.S.
`
`copyright terms and U.S. copyright agent information. To the extent Paragraph 11 describes,
`
`quotes, or cites specific documents, HTC responds that these documents speak for themselves.
`
`To the extent the allegations of Paragraph 11 set forth a legal conclusion, no response is required.
`
`HTC denies the remaining allegations in Paragraph 11.
`
`12.
`
`HTC America admits that certain products that it sells have an HTC trademark.
`
`HTC lacks knowledge or information sufficient to form a belief as to the truth of the allegations
`
`in Paragraph 12 regarding consumers, and therefore denies them. HTC denies the remaining
`
`allegations in Paragraph 12.
`
`13.
`
`For purposes of this case only, HTC Corp. does not contest that venue is proper.
`
`To the extent the remaining allegations of Paragraph 13 set forth a legal conclusion, no response
`
`is required. HTC denies any other remaining allegations in Paragraph 13.
`
`14.
`
`HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`BACKGROUND
`
`the allegations in Paragraph 14, and therefore denies them.
`
`///
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 3 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 4 of 27
`
`15.
`
`HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 15, and therefore denies them.
`
`16.
`
`HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 16, and therefore denies them.
`
`17.
`
`HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 17, and therefore denies them.
`
`18.
`
`HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 18, and therefore denies them.
`
`PATENT INFRINGEMENT OF U.S. PATENT NO. 8,441,438
`
`19.
`
`HTC reasserts and incorporates by reference its responses to all preceding
`
`Paragraphs as though fully set forth herein.
`
`20.
`
`HTC admits that the ’438 Patent, on its face, is entitled “3D Pointing Device and
`
`Method for Compensating Movement Thereof,” bears an issue date of May 14, 2013, lists the
`
`assignee as CyWee Group Limited, and lists the inventors as Zhou Ye, Chin-Lung Li, and Shun-
`
`Nan Liou. HTC lacks knowledge or information sufficient to form a belief as to the truth of the
`
`remaining allegations in Paragraph 20, and therefore denies them.
`
`21.
`
`HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 21, and therefore denies them.
`
`22.
`
`HTC admits that what purports to be the declaration of Nicholas Gans, Ph.D., is
`
`attached to the Second Amended Complaint as Exhibit C. HTC lacks knowledge or information
`
`sufficient to form a belief as to the truth of the remaining allegations in Paragraph 22, and
`
`therefore denies them.
`
`23.
`
`HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 23, and therefore denies them.
`
`24.
`
`25.
`
`26.
`
`Denied.
`
`Denied.
`
`Denied.
`
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`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 4 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 5 of 27
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`27.
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`HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 27, and therefore denies them.
`
`28.
`
`HTC admits that it received a copy of the ’438 Patent when it was served with the
`
`complaint in this action. HTC denies the remaining allegations in Paragraph 28.
`
`29.
`
`HTC admits that the HTC 10 includes a display screen, as HTC generally
`
`understands that term.
`
`To the extent that the allegation of Paragraph 30 sets forth a legal conclusion, no
`30.
`response is required. HTC denies all remaining allegations of Paragraph 30.1
`31.
`To the extent that the allegation of Paragraph 31 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 31.
`
`32.
`
`To the extent that the allegation of Paragraph 32 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 32.
`
`33.
`
`HTC admits that the HTC 10 includes at least one printed circuit board (“PCB”),
`
`as HTC generally understands that term.
`
`34.
`
`To the extent that the allegation of Paragraph 34 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 34.
`
`35.
`
`To the extent that the allegation of Paragraph 35 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 35.
`
`36.
`
`To the extent that the allegation of Paragraph 36 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 36.
`
`///
`///
`
`1 CyWee’s allegations seeking admission of individual claim limitations were rejected in a
`related litigation as seeking legal conclusions to which no responses were required. See CyWee
`Grp. Ltd. v. Samsung Elecs. Co., Ltd., No. 2:17-cv-00140-RWS-RSP, slip op. at 2 (E.D. Tex.
`Sept. 20, 2017) (“The Court agrees with Samsung. Given our Local Patent Rules and our
`District’s well-established process for identifying and resolving claim-construction issues, the
`interests of justice do not require Samsung to make an unconditional admission or denial as to
`specific claim limitations this early.”).
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 5 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 6 of 27
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`37.
`
`To the extent that the allegation of Paragraph 37 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 37.
`
`38.
`
`39.
`
`HTC admits that the HTC 10 runs a version of the Android operating system.
`
`To the extent that the allegation of Paragraph 39 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 39.
`
`40.
`
`To the extent that the allegation of Paragraph 40 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 40.
`
`41.
`
`To the extent that the allegation of Paragraph 41 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 41.
`
`42.
`
`To the extent that the allegation of Paragraph 42 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 42.
`
`43.
`
`To the extent that the allegation of Paragraph 43 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 43.
`
`44.
`
`To the extent that the allegation of Paragraph 44 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 44.
`
`45.
`
`To the extent that the allegation of Paragraph 45 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 45.
`
`46.
`
`HTC admits that the HTC One M9 includes a display screen, as HTC generally
`
`understands that term.
`
`47.
`
`To the extent that the allegation of Paragraph 47 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 47.
`
`48.
`
`To the extent that the allegation of Paragraph 48 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 48.
`
`49.
`
`To the extent that the allegation of Paragraph 49 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 49.
`
`50.
`
`HTC admits that the HTC One M9 includes at least one PCB, as HTC generally
`
`understands that term.
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 6 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 7 of 27
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`51.
`
`To the extent that the allegation of Paragraph 51 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 51.
`
`52.
`
`To the extent that the allegation of Paragraph 52 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 52.
`
`53.
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`To the extent that the allegation of Paragraph 53 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 53.
`
`54.
`
`To the extent that the allegation of Paragraph 54 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 54.
`
`55.
`
`HTC admits that the HTC One M9 runs a version of the Android operating
`
`system.
`
`56.
`
`To the extent that the allegation of Paragraph 56 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 56.
`
`57.
`
`To the extent that the allegation of Paragraph 57 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 57.
`
`58.
`
`To the extent that the allegation of Paragraph 58 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 58.
`
`59.
`
`To the extent that the allegation of Paragraph 59 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 59.
`
`60.
`
`To the extent that the allegation of Paragraph 60 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 60.
`
`61.
`
`To the extent that the allegation of Paragraph 61 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 61.
`
`62.
`
`To the extent that the allegation of Paragraph 62 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 62.
`
`63.
`
`HTC admits that the HTC One A9 includes a display screen, as HTC generally
`
`understands the term.
`
`///
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 7 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 8 of 27
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`64.
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`To the extent that the allegation of Paragraph 64 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 64.
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`65.
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`To the extent that the allegation of Paragraph 65 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 65.
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`66.
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`To the extent that the allegation of Paragraph 66 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 66.
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`67.
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`HTC admits that the HTC One A9 includes at least one PCB, as HTC generally
`
`understands that term.
`
`68.
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`To the extent that the allegation of Paragraph 68 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 68.
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`69.
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`To the extent that the allegation of Paragraph 69 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 69.
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`70.
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`To the extent that the allegation of Paragraph 70 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 70.
`
`71.
`
`To the extent that the allegation of Paragraph 71 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 71.
`
`72.
`
`HTC admits that the HTC One A9 runs a version of the Android operating
`
`system.
`
`73.
`
`To the extent that the allegation of Paragraph 73 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 73.
`
`74.
`
`To the extent that the allegation of Paragraph 74 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 74.
`
`75.
`
`To the extent that the allegation of Paragraph 75 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 75.
`
`76.
`
`To the extent that the allegation of Paragraph 76 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 76.
`
`///
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 8 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 9 of 27
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`77.
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`To the extent that the allegation of Paragraph 77 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 77.
`
`78.
`
`To the extent that the allegation of Paragraph 78 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 78.
`
`79.
`
`To the extent that the allegation of Paragraph 79 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 79.
`
`80.
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`HTC admits that the HTC Bolt includes a display screen, as HTC generally
`
`understands that term.
`
`81.
`
`To the extent that the allegation of Paragraph 81 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 81.
`
`82.
`
`To the extent that the allegation of Paragraph 82 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 82.
`
`83.
`
`To the extent that the allegation of Paragraph 83 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 83.
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`84.
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`HTC admits that the HTC Bolt includes at least one PCB, as HTC generally
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`understands that term.
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`85.
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`To the extent that the allegation of Paragraph 85 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 85.
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`86.
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`To the extent that the allegation of Paragraph 86 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 86.
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`87.
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`To the extent that the allegation of Paragraph 87 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 87.
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`88.
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`To the extent that the allegation of Paragraph 88 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 88.
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`89.
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`90.
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`HTC admits that the HTC Bolt runs a version of the Android operating system.
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`To the extent that the allegation of Paragraph 90 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 90.
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 9 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 10 of 27
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`91.
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`To the extent that the allegation of Paragraph 91 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 91.
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`92.
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`To the extent that the allegation of Paragraph 92 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 92.
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`93.
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`To the extent that the allegation of Paragraph 93 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 93.
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`94.
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`To the extent that the allegation of Paragraph 94 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 94.
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`95.
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`To the extent that the allegation of Paragraph 95 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 95.
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`96.
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`To the extent that the allegation of Paragraph 96 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 96.
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`97.
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`HTC admits that the HTC U Ultra includes a display screen, as HTC generally
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`understands that term.
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`98.
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`To the extent that the allegation of Paragraph 98 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 98.
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`99.
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`To the extent that the allegation of Paragraph 99 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 99.
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`100.
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`To the extent that the allegation of Paragraph 100 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 100.
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`101. HTC admits that the HTC U Ultra includes at least one PCB, as HTC generally
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`understands that term.
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`102.
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`To the extent that the allegation of Paragraph 102 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 102.
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`103.
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`To the extent that the allegation of Paragraph 103 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 103.
`
`///
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 10 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 11 of 27
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`104.
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`To the extent that the allegation of Paragraph 104 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 104.
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`105.
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`To the extent that the allegation of Paragraph 105 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 105.
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`106. HTC admits that the HTC U Ultra runs a version of the Android operating system.
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`107.
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`To the extent that the allegation of Paragraph 107 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 107.
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`108.
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`To the extent that the allegation of Paragraph 108 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 108.
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`109.
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`To the extent that the allegation of Paragraph 109 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 109.
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`110.
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`To the extent that the allegation of Paragraph 110 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 110.
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`111.
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`To the extent that the allegation of Paragraph 111 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 111.
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`112.
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`To the extent that the allegation of Paragraph 112 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 112.
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`113.
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`To the extent that the allegation of Paragraph 113 sets forth a legal conclusion, no
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`response is required. HTC denies all remaining allegations of Paragraph 113.
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`114. HTC admits that it creates and provides marketing and technical materials for the
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`HTC One M9, HTC One A9, HTC 10, HTC Bolt, and HTC U Ultra (collectively, “Accused
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`Products”) to its customers in the United States. HTC denies the remaining allegations in
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`Paragraph 114.
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`115. HTC admits that it provides manuals and instructions for the Accused Products in
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`the United States and support materials for the Accused Products on its U.S. website. HTC
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`admits that it provides materials relating to HTC’s “Motion Launch” feature for the Accused
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`Products in the United States. To the extent Paragraph 115 describes, quotes, or cites these
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 11 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

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`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 12 of 27
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`materials, HTC responds that these documents and materials speak for themselves. HTC denies
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`the remaining allegations in Paragraph 115.
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`116. HTC admits that it provides user guides for the Accused Products that include
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`materials relating to “motion gesture” features. To the extent the Second Amended Complaint
`
`describes, quotes, or cites these user guides, HTC responds that these user guides speak for
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`themselves. HTC denies the remaining allegations in Paragraph 116.
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`117. HTC admits that it provides materials on its U.S. website relating to HTC’s
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`“Motion Launch” features and HTC’s “motion gesture” features. To the extent the Second
`
`Amended Complaint describes, quotes, or cites these online materials, HTC responds that these
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`online materials speak for themselves. HTC admits that it provides materials on its HTC
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`Tutorials YouTube channel relating to HTC’s “motion gesture” features. To the extent the
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`Second Amended Complaint describes, quotes, or cites these videos, HTC responds that these
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`videos speak for themselves. HTC denies the remaining allegations in Paragraph 117.
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`118. HTC admits that what purports to be a claim chart for claim 14 of the ’438 Patent
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`is attached to the Second Amended Complaint as Exhibit A. HTC denies the remaining
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`allegations in Paragraph 118.
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`119. Denied.
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`120. Denied.
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`PATENT INFRINGEMENT OF U.S. PATENT NO. 8,552,978
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`121. HTC reasserts and incorporates by reference its responses to all preceding
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`Paragraphs as though fully set forth herein.
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`122. HTC admits that the ’978 Patent, on its face, is entitled “3D Pointing Device and
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`Method for Compensating Rotations of the 3D Pointing Device Thereof,” bears an issue date of
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`October 8, 2013, lists the assignee as CyWee Group Limited, and lists the inventors as Zhou Ye,
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`Chin-Lung Li, and Shun-Nan Liou. HTC lacks knowledge or information sufficient to form a
`
`belief as to the truth of the remaining allegations in Paragraph 122, and therefore denies them.
`
`///
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 12 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

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`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 13 of 27
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`123. HTC lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 123, and therefore denies them.
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`124. HTC lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 124, and therefore denies them.
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`125. HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 125, and therefore denies them.
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`126. Denied.
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`127. Denied.
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`128. Denied.
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`129. HTC lacks knowledge or information sufficient to form a belief as to the truth of
`
`the allegations in Paragraph 129, and therefore denies them.
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`130. HTC admits that it received a copy of the ’978 Patent when it was served with the
`
`complaint in this action. HTC denies the remaining allegations in Paragraph 130.
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`131.
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`To the extent that the allegation of Paragraph 131 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 131.
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`132.
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`To the extent that the allegation of Paragraph 132 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 132.
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`133.
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`To the extent that the allegation of Paragraph 133 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 133.
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`134.
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`To the extent that the allegation of Paragraph 134 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 134.
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`135.
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`To the extent that the allegation of Paragraph 135 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 135.
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`136.
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`To the extent that the allegation of Paragraph 136 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 136.
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`137.
`
`To the extent that the allegation of Paragraph 137 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 137.
`
`ANSWER TO SECOND AMENDED COMPLAINT
`2:17-cv-00932-JLR
`
`- 13 -
`
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206) 883-2500
`Fax: (206) 883-2699
`
`

`

`Case 2:17-cv-00932-JLR Document 62 Filed 03/23/18 Page 14 of 27
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`138.
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`To the extent that the allegation of Paragraph 138 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 138.
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`139.
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`To the extent that the allegation of Paragraph 139 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 139.
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`140.
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`To the extent that the allegation of Paragraph 140 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 140.
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`141.
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`To the extent that the allegation of Paragraph 141 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 141.
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`142.
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`To the extent that the allegation of Paragraph 142 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 142.
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`143.
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`To the extent that the allegation of Paragraph 143 sets forth a legal conclusion, no
`
`response is required. HTC denies all remaining allegations of Paragraph 143.
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`144.
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`To the extent that the allegation of Paragraph 144 sets forth a legal conclusion, no
`
`response is required. HT