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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 1 of 19
`
`
`
`
`GEORGE A. RILEY (S.B. #118304) griley@omm.com
`LUANN L. SIMMONS (S.B. #203526) lsimmons@omm.com
`MELODY DRUMMOND HANSEN (S.B. #278786) mdrummondhansen@omm.com
`O’MELVENY & MYERS LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, California 94111-3823
`Telephone:
`(415) 984-8700
`Facsimile:
`(415) 984-8701
`
`RYAN K. YAGURA (S.B. #197619) ryagura@omm.com
`XIN-YI ZHOU (S.B. #251969) vzhou@omm.com
`BRIAN M. COOK (S.B. #266181) bcook@omm.com
`KEVIN MURRAY (S.B. #275186) kmurray2@omm.com
`O’MELVENY & MYERS LLP
`400 South Hope Street
`Los Angeles, California 90071-2899
`Telephone: (213) 430-6000
`Facsimile: (213) 430-6407
`
`Attorneys for Defendant
`APPLE INC.
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE
`
`OPENTV, INC., NAGRAVISION, S.A., and
`NAGRA FRANCE S.A.S.
`
`Plaintiffs,
`
`Defendant.
`
`v.
`
`APPLE INC.,
`
`
`
`Case No. 5:15-cv-02008-EJD
`
`DEFENDANT APPLE INC.’S ANSWER
`TO COMPLAINT AND
`COUNTERCLAIMS
`
`Case Filed: May 5, 2015
`Judge: Honorable Edward J. Davila
`
`Defendant Apple Inc. (“Apple”), by and through its undersigned attorneys, responds to the
`
`Complaint for Patent Infringement (the “Complaint”) filed by Plaintiffs OpenTV, Inc.
`
`(“OpenTV”) Nagravision, S.A. (“Nagravision”), and Nagra France S.A.S. (collectively, the
`
`“Plaintiffs”) on May 5, 2015, as follows:
`
`
`
`
`
`
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`

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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 2 of 19
`
`
`
`1.
`
`Apple admits that the Plaintiffs filed an action against Apple alleging patent
`
`infringement. Except as expressly admitted herein, Apple denies each remaining allegation set
`
`forth in Paragraph 1.
`2.
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 2 and on that basis denies each and every allegation
`
`contained therein.
`3.
`
`Apple admits that its products and services include mobile devices running iOS
`
`(including iPhone, iPad, and iPod touch), Apple TV, iTunes, App Store, and computers running
`
`the OS X operating system. Apple admits that the Complaint purports to allege infringement of
`
`U.S. Patent Nos. 6,148,081, 6,233,736, 7,055,169, 7,644,429, and 7,725,740 (collectively, the
`
`“Asserted Patents”). Apple admits that Paragraph 3 of the Complaint accurately states the titles
`
`that appear on the faces of the Asserted Patents and that Exhibits A through E of the Complaint
`
`appear to be copies of the Asserted Patents. Except as expressly admitted herein, Apple denies
`
`each remaining allegation set forth in Paragraph 3.
`4.
`
`Apple admits that the Complaint purports to seek the relief stated in Paragraph 4.
`
`Except as expressly admitted herein, Apple denies each and every allegation contained in
`
`Paragraph 4. Apple specifically denies that the Plaintiffs are entitled to any of the relief requested
`
`in the Complaint.
`
`JURISDICTION AND VENUE
`
`5.
`
`Apple admits that the Plaintiffs purport to bring a patent infringement action
`
`pursuant to Title 35 of the United States Code, 35 U.S.C. § 101 et seq., and that this Court has
`
`subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338. Except as
`
`expressly admitted herein, Apple denies each remaining allegation set forth in Paragraph 5.
`6.
`
`Apple admits that it has a principal place of business in Cupertino, California, that
`
`it has conducted business in this District, and that it is subject to personal jurisdiction in this
`
`Court. Except as expressly admitted herein, Apple denies each and every allegation set forth in
`
`Paragraph 6.
`
`
`
`
`
`- 2 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`

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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 3 of 19
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`
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`7.
`
`Apple admits that it resides in this district, has a place of business in this district,
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`and venue is proper in the district. Except as expressly admitted herein, Apple denies each
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`remaining allegation set forth in Paragraph 7.
`
`INTRADISTRICT ASSIGNMENT
`
`8.
`
`Paragraph 8 states the case assignment rule for patent actions set forth in Civil
`
`Local Rule 3-2(c), to which no response is required.
`
`THE PARTIES
`
`Plaintiffs OpenTV, Inc. and Nagravision, SA
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`A.
`9.
`
`truth of the allegations in Paragraph 9 and on that basis denies each and every allegation
`
`contained therein.
`10.
`
`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 10 and on that basis denies each and every allegation
`
`contained therein.
`11.
`
`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 11 and on that basis denies each and every allegation
`
`contained therein.
`12.
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`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 12 and on that basis denies each and every allegation
`
`contained therein.
`13.
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 13 and on that basis denies each and every allegation
`
`contained therein.
`14.
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 14 and on that basis denies each and every allegation
`
`contained therein.
`
`
`
`
`
`- 3 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`

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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 4 of 19
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`
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`15.
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`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 15 and on that basis denies each and every allegation
`
`contained therein.
`16.
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`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 16 and on that basis denies each and every allegation
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`contained therein.
`17.
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`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 17 and on that basis denies each and every allegation
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`contained therein.
`18.
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`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 18 and on that basis denies each and every allegation
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`contained therein.
`19.
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`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 19 and on that basis denies each and every allegation
`
`contained therein.
`20.
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`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 20 and on that basis denies each and every allegation
`
`contained therein.
`21.
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`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 21 and on that basis denies each and every allegation
`
`contained therein.
`22.
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 22 and on that basis denies each and every allegation
`
`contained therein.
`23.
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 23 and on that basis denies each and every allegation
`
`contained therein.
`
`
`
`
`
`- 4 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`

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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 5 of 19
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`
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`24.
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`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 24 and on that basis denies each and every allegation
`
`contained therein.
`25.
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`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 25 and on that basis denies each and every allegation
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`contained therein.
`26.
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`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 26 and on that basis denies each and every allegation
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`contained therein.
`27.
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`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 27 and on that basis denies each and every allegation
`
`contained therein.
`28.
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`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 28 and on that basis denies each and every allegation
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`contained therein.
`29.
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`Apple is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations in Paragraph 29 and on that basis denies each and every allegation
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`contained therein.
`30.
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`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 30 and on that basis denies each and every allegation
`
`contained therein.
`31.
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 31 and on that basis denies each and every allegation
`
`contained therein.
`32.
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 32 and on that basis denies each and every allegation
`
`contained therein.
`
`
`
`
`
`- 5 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`

`
`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 6 of 19
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`33.
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 33 and on that basis denies each and every allegation
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`contained therein.
`
`B.
`34.
`
`Apple Inc.
`
`Apple admits that it is a corporation organized under the laws of the State of
`
`California and has its principal place of business in Cupertino, California.
`35.
`
`Apple admits that it designs and manufactures mobile communication and media
`
`devices, personal computers, and portable digital music and video players, and sells a variety of
`
`related software, services, peripherals, networking solutions, and third-party digital content and
`
`applications. Apple also admits that on January 9, 2007, it changed its corporate name from
`
`“Apple Computer, Inc.” to “Apple Inc.” to reflect Apple’s broad product mix. Except as
`
`expressly admitted herein, Apple denies each remaining allegation set forth in Paragraph 35.
`36.
`
`Apple admits that its products and services include: iPhone, iPod touch, and iPad,
`
`which are mobile devices that run Apple’s iOS operating system; desktop and notebook
`
`computers, including MacBook, which run Apple’s OS X operating system; Apple TV; a
`
`portfolio of consumer and professional software applications, including iTunes; iOS and OS X
`
`operating systems; iTunes Store, App Store, and Mac App Store; and accessories and service and
`
`support offerings. Except as expressly admitted herein, Apple denies each remaining allegation
`
`set forth in Paragraph 36.
`37.
`
`Apple admits that in 2001, it released iPod and iTunes. Apple also admits that its
`
`current iPod line of portable digital music and media players includes iPod touch, iPod nano, iPod
`
`shuffle, and iPod classic. Except as expressly admitted herein, Apple denies each remaining
`
`allegation set forth in Paragraph 37.
`38.
`
`Apple admits that it designs and markets iPhone and that iPhone was first
`
`introduced in 2007. Apple further admits that iPhone runs iOS, an operating system developed by
`
`Apple and initially known as “iPhone OS.” Apple further admits that it has released several
`
`models of iPhone, including iPhone 6 and 6 Plus in 2014, all of which run iOS. Apple further
`
`
`
`
`
`- 6 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`
`
`

`
`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 7 of 19
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`admits that it has released other iOS devices, including iPad (introduced in 2010) and iPod touch.
`
`Apple further admits that iTunes is pre-installed on iOS devices sold after September 2007.
`
`Except as expressly admitted herein, Apple denies each remaining allegation set forth in
`
`Paragraph 38.
`39.
`
`Apple admits that it manufactures desktop and notebook computers, including Mac
`
`mini, iMac, Mac Pro, MacBook Pro, and MacBook Air. Apple further admits that its current line
`
`of desktop and notebook computers run Apple’s OS X operating system. Except as expressly
`
`admitted herein, Apple denies each remaining allegation set forth in Paragraph 39.
`40.
`
`Apple admits that it first released Apple TV in 2007, and that Apple TV is a digital
`
`media player that can play on a television digital content from the iTunes Store or from third-
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`party content providers. Apple further admits that at Apple’s February 28, 2014 shareholder
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`meeting, Apple’s Chief Executive Offer Tim Cook stated that “it’s a little bit harder to call it a
`
`hobby” in reference to Apple TV. Except as expressly admitted herein, Apple denies each
`
`remaining allegation set forth in Paragraph 40.
`41.
`
`Apple admits that iTunes is a software application developed by Apple that can
`
`play, download, and organize digital audio and video files. Apple further admits that iTunes is an
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`application that can be installed on Mac and Windows personal computers, Apple iOS-based
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`devices, and Apple TV. Apple further admits that iTunes is integrated with Apple’s iTunes Store,
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`which can be used to purchase (or rent) and download media content, such as music, music
`
`videos, television shows, audiobooks, podcasts, movies, and ringtones. Apple further admits that
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`it has added features and functionality to the iTunes application since the initial release of iTunes
`
`and that it has released new versions of iTunes to users. Apple further admits that it advertises
`
`that iTunes may be used with Apple’s Mac computers, iOS-based mobile devices, iPod, and
`
`Apple TV. Except as expressly admitted herein, Apple denies each remaining allegation set forth
`
`in Paragraph 38.
`42.
`
`Apple admits that certain content available through iTunes Store is protected using
`
`FairPlay, a digital rights management solution. Apple also admits that FairPlay encrypts content
`
`
`
`
`
`- 7 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`
`
`

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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 8 of 19
`
`
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`using keys, including a key or keys associated with the user. Apple further admits that content
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`protected by FairPlay may be played on up to five authorized devices. Except as expressly
`
`admitted herein, Apple denies each remaining allegation set forth in Paragraph 42.
`43.
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`Apple admits that its products are designed to work together and that Apple
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`advertises the benefits of using Apple products together. Apple further admits that its computers
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`and iOS mobile devices include software that allows users to purchase content from the iTunes
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`Store and App Store. Apple further admits that Apple TV users can stream media content over a
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`wireless network from mobile devices using the AirPlay software. Except as expressly admitted
`
`herein, Apple denies each remaining allegation set forth in Paragraph 43.
`44.
`45.
`
`Apple denies each and every allegation set forth in Paragraph 44.
`
`Apple admits that its innovations are embodied in its intellectual property,
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`including but not limited to patents, trademarks, trade secrets, trade dress, and copyrights. Apple
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`also admits that it respects the intellectual property rights of others. Apple further admits that it
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`has filed petitions for inter partes review with the USPTO. Apple further admits that it identified
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`certain OpenTV patents as prior art to one of the patents asserted by Plaintiffs against Apple in
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`Germany. Apple further admits that OpenTV and Nagravision sued Apple for alleged patent
`
`infringement in OpenTV, Inc. et al. v. Apple Inc., Case No. 3:14-cv-1622 (N.D. Cal.), a case
`
`which is now stayed. Except as expressly admitted herein, Apple denies each remaining
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`allegation set forth in Paragraph 45.
`
`BACKGROUND OF THE TECHNOLOGY
`
`46.
`
`Apple admits that the Asserted Patents state that they generally relate to “means
`
`for enforcing security in regard to interactive television applications which may access other
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`modules or take some action which is restricted” (U.S. Patent No. 6,148,081), “a media online
`
`services access system which provides direct, automated access to an online information provider
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`through an address embedded in an electronic signal which carries a program segment (e.g.,
`
`through television, radio, or a pre-recorded video or audio medium)” (U.S. Patent No. 6,233,736),
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`“a system and method for creating and controlling interactive television content” (U.S. Patent No.
`
`
`
`
`
`- 8 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`

`
`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 9 of 19
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`7,055,169), “a mass-market digital interactive satellite television system, and to a conditional
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`access system therefor” (U.S. Patent No. 7,644,429), and “the domain of security modules,
`
`preferably those including at least one central unit and two memory areas” (U.S. Patent No.
`
`7,725,740). Apple denies each remaining allegation set forth in Paragraph 46.
`47.
`
`Apple admits that movies, televisions, and other media content may be delivered
`
`over an Internet connection, provided by an Internet service provider, that is not specific to the
`
`type of content being delivered. Apple further admits that the delivery of media content over an
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`Internet connection is sometimes referred to as “Over-the-Top” or “OTT” delivery. The
`
`remaining assertions in Paragraph 47 contain the Plaintiffs’ opinions, not factual allegations, to
`
`which a response is not required. To the extent that a response is required, Apple is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations in
`
`Paragraph 47 and on that basis denies each and every remaining allegation contained therein.
`48.
`
`Apple admits that movies, television shows, and other media content delivered by
`
`Apple’s iTunes Store can be viewed on different devices, including televisions, computers,
`
`tablets, and smartphones. The remaining assertions in Paragraph 48 contain the Plaintiffs’
`
`opinions, not factual allegations, to which a response is not required. To the extent that a
`
`response is required, Apple denies each remaining allegation set forth in Paragraph 48.
`49.
`
`Apple admits that digital content providers and viewing devices can use Digital
`
`Rights Management (DRM), authentication, and parental controls to secure access to content.
`
`The remaining assertions in Paragraph 49 contain the Plaintiffs’ opinions, not factual allegations,
`
`to which a response is not required. To the extent that a response is required, Apple is without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph
`
`49 and on that basis denies each and every allegation contained therein.
`50.
`
`Apple admits that its App Store offers hundreds of thousands of apps in different
`
`categories for purchase, if required, and download. Except as expressly admitted herein, Apple
`
`denies each remaining allegation set forth in Paragraph 50 directed at Apple. To the extent that
`
`Paragraph 50 refers to software distribution systems not operated by Apple, Apple is without
`
`
`
`
`
`- 9 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`
`
`

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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 10 of 19
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`
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`knowledge or information sufficient to form a belief as to the truth of such allegations and on that
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`basis denies each and every allegation thereto.
`51.
`
`The assertions in Paragraph 51 contain the Plaintiffs’ opinions, not factual
`
`allegations, to which a response is not required. To the extent that a response is required, Apple
`
`is without knowledge or information sufficient to form a belief as to the truth of the allegations in
`
`Paragraph 51 and on that basis denies each and every allegation contained therein.
`52.
`
`Apple denies each and every allegation in Paragraph 52 directed at Apple,
`
`including any allegation or suggestion that Apple is infringing, or has infringed, any patent owned
`
`by OpenTV, Nagravision, or “other companies within The Kudelski Group.” Apple is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph
`
`52 directed at other “consumer electronics companies” and on that basis denies each and every
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`allegation contained therein.
`53.
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`Apple denies each and every allegation in Paragraph 53 directed at Apple. Apple
`
`is without knowledge or information sufficient to form a belief as to the truth of the remaining
`
`allegations in Paragraph 53 and on that basis denies each and every allegation contained therein.
`
`FIRST CLAIM
`
`ALLEGED INFRINGEMENT OF U.S. PATENT NO. 6,148,081
`
`54.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’081 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`55.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’081 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`56.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’081 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`
`
`
`
`
`- 10 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`

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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 11 of 19
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`57.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’081 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`58.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’081 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`59.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’081 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`60.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’081 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`61.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’081 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`62.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’081 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`
`SECOND CLAIM
`
`ALLEGED INFRINGEMENT OF U.S. PATENT NO. 6,233,736
`
`63.
`
`Apple incorporates by reference the admissions and denials set forth in paragraphs
`
`1 through 53 above as if fully set forth herein.
`64.
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 64 and on that basis denies each and every allegation
`
`contained therein.
`65.
`66.
`
`Apple denies each and every allegation contained in Paragraph 65.
`
`Apple denies each and every allegation contained in Paragraph 66.
`
`
`
`
`
`- 11 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`

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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 12 of 19
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`
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`67.
`
`Apple admits that it has knowledge of the ’736 Patent through the filing and
`
`service of Plaintiffs’ Complaint. Apple further admits that it cited a member of the ’736 Patent’s
`
`European family, WO 97/29591, during the nullity proceedings in Germany. Apple admits that it
`
`first released the iTunes Music Store in 2003. Apple is without knowledge or information
`
`sufficient to form a belief as to the truth of the allegations pertaining to Plaintiffs’ prior
`
`litigations, including the case between OpenTV and Cisco Systems, Inc., or prior licensing
`
`activities, including licenses with Google or Disney, and on that basis denies each and every such
`
`allegation. Except as expressly admitted herein, Apple denies each remaining allegation
`
`contained in Paragraph 67.
`68.
`
`Apple admits that it publishes online documentation at apple.com/support/itunes.
`
`Except as expressly admitted herein, Apple denies each and every allegation contained in
`
`Paragraph 68.
`69.
`70.
`71.
`
`Apple denies each and every allegation contained in Paragraph 70.
`
`Apple denies each and every allegation contained in Paragraph 70.
`
`Apple denies each and every allegation contained in Paragraph 71.
`
`THIRD CLAIM
`
`ALLEGED INFRINGEMENT OF U.S. PATENT NO. 7,055,169
`
`72.
`
`Apple incorporates by reference the admissions and denials set forth in paragraphs
`
`1 through 53 above as if fully set forth herein.
`73.
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 73 and on that basis denies each and every allegation
`
`contained therein.
`74.
`75.
`76.
`
`Apple denies each and every allegation contained in Paragraph 74.
`
`Apple denies each and every allegation contained in Paragraph 75.
`
`Apple admits that it has knowledge of the ’169 Patent through the filing and
`
`service of Plaintiffs’ Complaint. Apple also admits that the ’169 Patent is listed under the
`
`“References Cited” section of U.S. Patent No. 7,716,166, which is assigned to Apple. Apple
`
`
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`
`
`- 12 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`

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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 13 of 19
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`
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`further admits that it first released the iPhone in 2007. Apple is without knowledge or
`
`information sufficient to form a belief as to the truth of the allegations pertaining to Plaintiffs’
`
`prior litigations, including the case between OpenTV and Cisco Systems, Inc., or prior licensing
`
`activities, including licenses with Google or Disney, and on that basis denies each and every such
`
`allegation. Except as expressly admitted herein, Apple denies each remaining allegation
`
`contained in Paragraph 76.
`77.
`
`Apple admits that it publishes online documentation at apple.com/itunes/. Except
`
`as expressly admitted herein, Apple denies each and every allegation contained in Paragraph 77.
`78.
`79.
`80.
`
`Apple denies each and every allegation contained in Paragraph 78.
`
`Apple denies each and every allegation contained in Paragraph 79.
`
`Apple denies each and every allegation contained in Paragraph 80.
`
`FOURTH CLAIM
`
`ALLEGED INFRINGEMENT OF U.S. PATENT NO. 7,644,429
`
`81.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’429 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`82.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’429 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`83.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’429 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`84.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’429 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`
`
`
`
`
`- 13 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`

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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 14 of 19
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`85.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’429 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`86.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’429 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`87.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’429 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`88.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’429 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`89.
`
`This claim was dismissed with prejudice on January 28, 2016, on the ground that
`
`the asserted claims of the ’429 Patent are “ineligible under Section 101” (Dkt. 72); therefore, no
`
`response is required.
`
`FIFTH CLAIM
`
`ALLEGED INFRINGEMENT OF U.S. PATENT NO. 7,725,740
`
`90.
`
`Apple incorporates by reference the admissions and denials set forth in paragraphs
`
`1 through 53 above as if fully set forth herein.
`91.
`
`Apple is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations in Paragraph 91 and on that basis denies each and every allegation
`
`contained therein.
`92.
`93.
`94.
`
`Apple denies each and every allegation contained in Paragraph 92.
`
`Apple denies each and every allegation contained in Paragraph 93.
`
`Apple admits that it has knowledge of the ’740 Patent through the filing and
`
`service of Plaintiffs’ Complaint. Apple also admits that it first released the iPhone in 2007.
`
`Apple is without knowledge or information sufficient to form a belief as to the truth of the
`
`
`
`
`
`- 14 -
`
`APPLE INC.’S ANSWER TO COMPLAINT
`AND COUNTERCLAIMS
`5:15-CV-02008-EJD
`
`

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`Case 5:15-cv-02008-EJD Document 73 Filed 02/11/16 Page 15 of 19
`
`
`
`allegations pertaining to Plaintiffs’ prior litigations, including the case between OpenTV and
`
`Cisco Systems, Inc., or prior licensing activities, including licenses with Google or Disney, and
`
`on that basis denies each and every such allegation. Except as expressly admitted herein, Apple
`
`denies each remaining allegation contained in Paragraph 94.
`95.
`
`Apple admits that it publishes online documentation at
`
`apple.com/iphone/business/it/secur