Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 1 of 40
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`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`Kevin P.B. Johnson (No. 177129)
`kevinjohnson@quinnemanuel.com
`Brice C. Lynch (No. 288567)
`bricelynch@quinnemanuel.com
`555 Twin Dolphin Drive, 5th Floor
`Redwood Shores, California 94065
`T: (650) 801-5000; F: (650) 801-5100
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`Edward J. DeFranco (No. 165596)
`eddefranco@quinnemanuel.com
`Joseph Milowic III (pro hac vice)
`josephmilowic@quinnemanuel.com
`51 Madison Ave., 22nd Floor
`New York, New York 10010
`T: (212) 849-7000; F: (212) 849-7100
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`Attorneys for Plaintiff and Counter-Defendant
`Memjet Technology Ltd. and Third-Party
`Defendants Memjet Ltd., Memjet US Services
`Inc. and Memjet Holdings Ltd.
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`MEMJET TECHNOLOGY LIMITED,
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`Plaintiff,
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`vs.
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`HEWLETT-PACKARD COMPANY,
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`Defendant.
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`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
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` Case No. 3:15-cv-01769-BEN-BLM
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`MEMJET TECHNOLOGY LTD.’S,
`MEMJET LTD.’S, MEMJET US
`SERVICES INC.’S AND MEMJET
`HOLDINGS LTD.’S ANSWER,
`AFFIRMATIVE DEFENSES AND
`COUNTERCLAIMS IN RESPONSE
`TO HP INC.’S FIRST AMENDED
`ANSWER TO
`COMPLAINT FOR PATENT
`INFRINGEMENT,
`COUNTERCLAIMS, AND
`THIRD-PARTY COMPLAINT
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`JURY TRIAL DEMANDED
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`HEWLETT-PACKARD COMPANY,
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`Counter-Claimant,
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`vs.
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`MEMJET TECHNOLOGY LIMITED,
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`Counter-Defendant.
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`HEWLETT-PACKARD COMPANY,
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`Third-Party Plaintiff,
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`vs.
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`MEMJET LTD., MEMJET US
`SERVICES INC., and MEMJET
`HOLDINGS LTD.
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`Third-Party Defendants.
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`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
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`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 2 of 40
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`Plaintiff and Counter-Defendant Memjet Technology Limited and Third-Party
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`Defendants Memjet Ltd., Memjet US Services Inc. and Memjet Holdings Ltd.
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`(collectively “Memjet”) answer the allegations of Hewlett-Packard Company’s
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`(renamed HP Inc.) (“HP”) First Amended Counterclaims and Third-Party Complaint
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`(“HP’s Claims”) as follows:
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`GENERAL DENIAL
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`Unless specifically admitted below, Memjet denies each and every allegation
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`in HP’s Claims.
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`NATURE OF THE CLAIMS
`1. Memjet admits that HP’s Claims purportedly include claims for patent
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`infringement asserted against Memjet. Memjet denies any liability and denies the
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`remaining allegations to the extent a response is required.
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`PARTIES
`2. Memjet admits that, upon information and belief, HP is a corporation
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`organized under the laws of the State of Delaware, and as of the filing of its Claims,
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`had a principal place of business located at 3000 Hanover Street, Palo Alto, CA
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`94304-1185.
`3. Memjet admits
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`that Memjet Technology Limited
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`(“Memjet
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`Technology”) is a corporation organized under the laws of Ireland, with its principal
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`place of business at 61/62 Fitzwilliam Lane, Dublin 2, Ireland.
`4. Memjet admits that Memjet Ltd. is a limited company organized under
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`the laws of Ireland, with its principal place of business at 61/62 Fitzwilliam Lane,
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`Dublin 2, Ireland. Memjet denies any remaining allegations of Paragraph 4.
`5. Memjet admits that Memjet US Services Inc. is a corporation organized
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`under the laws of Delaware, with its principal place of business at 10918
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`Technology Place, San Diego, California 92127.
`6. Memjet admits that Memjet Holdings Ltd. is a limited company
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`organized under the laws of Ireland, with its principal place of business at 61/62
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`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
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`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 3 of 40
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`Fitzwilliam Lane, Dublin 2, Ireland. Memjet denies any remaining allegations of
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`Paragraph 6.
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`JURISDICTION AND VENUE
`7. Memjet admits that HP’s Claims concern an action purportedly arising
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`under the patent laws of the United States and on that basis admits that this Court
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`has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and
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`1338(a), and 28 U.S.C. §§ 2201 et seq.
`8.
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`For purposes of this action only and in lieu of service through the
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`Hague Convention, Memjet agreed to accept service of HP’s first amended Third-
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`Party Complaint and to not dispute the propriety of personal jurisdiction. Memjet
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`denies the remaining allegations of Paragraph 8.
`9.
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`For purposes of this action only and in lieu of service through the
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`Hague Convention, Memjet agreed to accept service of HP’s first amended Third-
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`Party Complaint and to not dispute the propriety of personal jurisdiction. Memjet
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`US Services Inc. admits that it maintains a place of business and conducts business
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`within this district. Memjet denies the remaining allegations of Paragraph 9.
`10. For purposes of this action only, Memjet admits that venue is proper in
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`this District for HP’s Counterclaims against Memjet Technology because Memjet
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`Technology filed its Complaint in this District.
`11. For purposes of this action only and in lieu of service through the
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`Hague Convention, Memjet agreed to accept service of HP’s first amended Third-
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`Party Complaint and to not dispute the propriety of personal jurisdiction, and on that
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`basis, does not dispute the propriety of venue. Memjet US Services Inc. admits that
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`it maintains a place of business within this district. Memjet denies the remaining
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`allegations of Paragraph 11.
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`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
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`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 4 of 40
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`COUNT ONE
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`(Declaratory Judgment of Non-Infringement of the ’549 Patent)
`12. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`13. Memjet Technology admits that it alleges HP has infringed and is
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`infringing the ’549 patent and that it is entitled to relief for HP’s infringement.
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`Technology and HP regarding HP’s infringement of the ’549 patent. Memjet
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`Technology denies that HP has not and does not infringe any claim of the ’549
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`patent. Memjet denies any remaining allegations of Paragraph 13.
`14. Memjet Technology admits that HP purportedly seeks a declaratory
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`judgment that it has not infringed and does not infringe the ’549 patent or any valid
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`and enforceable claim thereof. Memjet Technology denies that HP’s Counterclaim
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`has merit. Memjet denies any remaining allegations of Paragraph 14.
`15. Memjet Technology denies the allegations of Paragraph 15. Memjet
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`denies any remaining allegations of Paragraph 15.
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`COUNT TWO
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`(Declaratory Judgment of Invalidity of the ’549 Patent)
`16. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`17. Memjet Technology admits that it alleges HP has infringed and is
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`infringing the ’549 patent and that it is entitled to relief for HP’s infringement.
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`Technology and HP regarding the validity of the ’549 patent. Memjet Technology
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`denies that the ’549 patent is invalid. Memjet denies any remaining allegations of
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`Paragraph 17.
`18. Memjet Technology admits that HP purportedly seeks a declaratory
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`judgment that the ’549 patent is invalid. Memjet Technology denies that HP’s
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`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
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`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 5 of 40
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`Counterclaim has merit. Memjet denies any remaining allegations of Paragraph
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`18.
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`19. Memjet Technology denies the allegations of Paragraph 19. Memjet
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`denies any remaining allegations of Paragraph 19.
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`COUNT THREE
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`(Declaratory Judgment of Non-Infringement of the ’914 Patent)
`20. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`21. Memjet Technology admits that it alleges HP has infringed and is
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`infringing the ’914 patent and that it is entitled to relief for HP’s infringement.
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`Technology and HP regarding HP’s infringement of the ’914 patent. Memjet
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`Technology denies that HP has not and does not infringe any claim of the ’914
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`patent. Memjet denies any remaining allegations of Paragraph 21.
`22. Memjet Technology admits that HP purportedly seeks a declaratory
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`judgment that it has not infringed and does not infringe the ’914 patent or any valid
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`and enforceable claim thereof. Memjet Technology denies that HP’s Counterclaim
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`has merit. Memjet denies any remaining allegations of Paragraph 22.
`23. Memjet Technology denies the allegations of Paragraph 23. Memjet
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`denies any remaining allegations of Paragraph 23.
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`COUNT FOUR
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`(Declaratory Judgment of Invalidity of the ’914 Patent)
`24. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`25. Memjet Technology admits that it alleges HP has infringed and is
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`infringing the ’914 patent and that it is entitled to relief for HP’s infringement.
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`Technology and HP regarding the validity of the ’914 patent. Memjet Technology
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`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
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`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 6 of 40
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`denies that the ’914 patent is invalid. Memjet denies any remaining allegations of
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`Paragraph 25.
`26. Memjet Technology admits that HP purportedly seeks a declaratory
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`judgment that the ’914 patent is invalid. Memjet Technology denies that HP’s
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`Counterclaim has merit. Memjet denies any remaining allegations of Paragraph
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`26.
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`27. Memjet Technology denies the allegations of Paragraph 27. Memjet
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`denies any remaining allegations of Paragraph 27.
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`COUNT FIVE
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`(Declaratory Judgment of Non-Infringement of the ’492 Patent)
`28. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`29. Memjet Technology admits that it alleges HP has infringed and is
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`infringing the ’492 patent and that it is entitled to relief for HP’s infringement.
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`Technology and HP regarding HP’s infringement of the ’492 patent. Memjet
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`Technology denies that HP has not and does not infringe any claim of the ’492
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`patent. Memjet denies any remaining allegations of Paragraph 29.
`30. Memjet Technology admits that HP purportedly seeks a declaratory
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`judgment that it has not infringed and does not infringe the ’492 patent or any valid
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`and enforceable claim thereof. Memjet Technology denies that HP’s Counterclaim
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`has merit. Memjet denies any remaining allegations of Paragraph 30.
`31. Memjet Technology denies the allegations of Paragraph 31. Memjet
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`denies any remaining allegations of Paragraph 31.
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`COUNT SIX
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`(Declaratory Judgment of Invalidity of the ’492 Patent)
`32. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
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`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
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`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 7 of 40
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`33. Memjet Technology admits that it alleges HP has infringed and is
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`infringing the ’492 patent and that it is entitled to relief for HP’s infringement.
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`Technology and HP regarding the validity of the ’492 patent. Memjet Technology
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`denies that the ’492 patent is invalid. Memjet denies any remaining allegations of
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`Paragraph 33.
`34. Memjet Technology admits that HP purportedly seeks a declaratory
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`judgment that the ’492 patent is invalid. Memjet Technology denies that HP’s
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`Counterclaim has merit. Memjet denies any remaining allegations of Paragraph
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`34.
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`35. Memjet Technology denies the allegations of Paragraph 35. Memjet
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`denies any remaining allegations of Paragraph 35.
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`COUNT SEVEN
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`(Declaratory Judgment of Non-Infringement of the ’986 Patent)
`36. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`37. Memjet Technology admits that it alleges HP has infringed and is
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`infringing the ’986 patent and that it is entitled to relief for HP’s infringement.
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`Technology and HP regarding HP’s infringement of the ’986 patent. Memjet
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`Technology denies that HP has not and does not infringe any claim of the ’986
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`patent. Memjet denies any remaining allegations of Paragraph 37.
`38. Memjet Technology admits that HP purportedly seeks a declaratory
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`judgment that it has not infringed and does not infringe the ’986 patent or any valid
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`and enforceable claim thereof. Memjet Technology denies that HP’s Counterclaim
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`has merit. Memjet denies any remaining allegations of Paragraph 38.
`39. Memjet Technology denies the allegations of Paragraph 39. Memjet
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`denies any remaining allegations of Paragraph 39.
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`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
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`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 8 of 40
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`COUNT EIGHT
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`(Declaratory Judgment of Invalidity of the ’986 Patent)
`40. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`41. Memjet Technology admits that it alleges HP has infringed and is
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`infringing the ’986 patent and that it is entitled to relief for HP’s infringement.
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`Technology and HP regarding the validity of the ’986 patent. Memjet Technology
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`denies that the ’986 patent is invalid. Memjet denies any remaining allegations of
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`Paragraph 41.
`42. Memjet Technology admits that HP purportedly seeks a declaratory
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`judgment that the ’986 patent is invalid. Memjet Technology denies that HP’s
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`Counterclaim has merit. Memjet denies any remaining allegations of Paragraph
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`42.
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`43. Memjet Technology denies the allegations of Paragraph 43. Memjet
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`denies any remaining allegations of Paragraph 43.
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`COUNT NINE
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`(Declaratory Judgment of Non-Infringement of the ’636 Patent)
`44. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`45. Memjet Technology admits that it alleges HP has infringed and is
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`infringing the ’636 patent and that it is entitled to relief for HP’s infringement.
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`Technology and HP regarding HP’s infringement of the ’636 patent. Memjet
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`Technology denies that HP has not and does not infringe any claim of the ’636
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`patent. Memjet denies any remaining allegations of Paragraph 45.
`46. Memjet Technology admits that HP purportedly seeks a declaratory
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`judgment that it has not infringed and does not infringe the ’636 patent or any valid
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`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
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`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 9 of 40
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`and enforceable claim thereof. Memjet Technology denies that HP’s Counterclaim
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`has merit. Memjet denies any remaining allegations of Paragraph 46.
`47. Memjet Technology denies the allegations of Paragraph 47. Memjet
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`denies any remaining allegations of Paragraph 47.
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`COUNT TEN
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`(Declaratory Judgment of Invalidity of the ’636 Patent)
`48. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`49. Memjet Technology admits that it alleges HP has infringed and is
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`1 2 3 4 5 6 7 8 9
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`infringing the ’636 patent and that it is entitled to relief for HP’s infringement.
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`Technology and HP regarding the validity of the ’636 patent. Memjet Technology
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`denies that the ’636 patent is invalid. Memjet denies any remaining allegations of
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`Paragraph 49.
`50. Memjet Technology admits that HP purportedly seeks a declaratory
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`judgment that the ’636 patent is invalid. Memjet Technology denies that HP’s
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`Counterclaim has merit. Memjet denies any remaining allegations of Paragraph
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`50.
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`51. Memjet Technology denies the allegations of Paragraph 51. Memjet
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`denies any remaining allegations of Paragraph 51.
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`COUNT ELEVEN
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`(Declaratory Judgment of Non-Infringement of the ’550 Patent)
`52. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`53. Memjet Technology admits that it alleges HP has infringed and is
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`26
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`infringing the ’550 patent and that it is entitled to relief for HP’s infringement.
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`27
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`Technology and HP regarding HP’s infringement of the ’550 patent. Memjet
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`-9-
`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
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`

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`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 10 of 40
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`Technology denies that HP has not and does not infringe any claim of the ’550
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`patent. Memjet denies any remaining allegations of Paragraph 53.
`54. Memjet Technology admits that HP purportedly seeks a declaratory
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`judgment that it has not infringed and does not infringe the ’550 patent or any valid
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`and enforceable claim thereof. Memjet Technology denies that HP’s Counterclaim
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`has merit. Memjet denies any remaining allegations of Paragraph 54.
`55. Memjet Technology denies the allegations of Paragraph 55. Memjet
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`denies any remaining allegations of Paragraph 55.
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`COUNT TWELVE
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`(Declaratory Judgment of Invalidity of the ’550 Patent)
`56. Memjet restates its responses to the allegations set forth in the
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`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`57. Memjet Technology admits that it alleges HP has infringed and is
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`1 2 3 4 5 6 7 8 9
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`10
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`11
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`12
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`13
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`infringing the ’550 patent and that it is entitled to relief for HP’s infringement.
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`15
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`Memjet Technology admits that a justiciable controversy exists between Memjet
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`16
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`Technology and HP regarding the validity of the ’550 patent. Memjet Technology
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`17
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`denies that the ’550 patent is invalid. Memjet denies any remaining allegations of
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`Paragraph 57.
`58. Memjet Technology admits that HP purportedly seeks a declaratory
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`20
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`judgment that the ’550 patent is invalid. Memjet Technology denies that HP’s
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`Counterclaim has merit. Memjet denies any remaining allegations of Paragraph
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`58.
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`23
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`59. Memjet Technology denies the allegations of Paragraph 59. Memjet
`
`24
`
`denies any remaining allegations of Paragraph 59.
`
`25
`
`26
`
`27
`
`COUNT THIRTEEN
`
`(Declaratory Judgment of Non-Infringement of the ’096 Patent)
`60. Memjet restates its responses to the allegations set forth in the
`
`28
`
`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`
`
`
`
`
`
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`-10-
`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
`
`

`
`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 11 of 40
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`
`
`
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`
`
`61. Memjet Technology admits that it alleges HP has infringed and is
`
`infringing the ’096 patent and that it is entitled to relief for HP’s infringement.
`
`Memjet Technology admits that a justiciable controversy exists between Memjet
`
`Technology and HP regarding HP’s infringement of the ’096 patent. Memjet
`
`Technology denies that HP has not and does not infringe any claim of the ’096
`
`patent. Memjet denies any remaining allegations of Paragraph 61.
`62. Memjet Technology admits that HP purportedly seeks a declaratory
`
`judgment that it has not infringed and does not infringe the ’096 patent or any valid
`
`and enforceable claim thereof. Memjet Technology denies that HP’s Counterclaim
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`has merit. Memjet denies any remaining allegations of Paragraph 62.
`63. Memjet Technology denies the allegations of Paragraph 63. Memjet
`
`12
`
`denies any remaining allegations of Paragraph 63.
`
`13
`
`14
`
`15
`
`16
`
`17
`
`COUNT FOURTEEN
`
`(Declaratory Judgment of Invalidity of the ’096 Patent)
`64. Memjet restates its responses to the allegations set forth in the
`
`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`65. Memjet Technology admits that it alleges HP has infringed and is
`
`18
`
`infringing the ’096 patent and that it is entitled to relief for HP’s infringement.
`
`19
`
`Memjet Technology admits that a justiciable controversy exists between Memjet
`
`20
`
`Technology and HP regarding the validity of the ’096 patent. Memjet Technology
`
`21
`
`denies that the ’096 patent is invalid. Memjet denies any remaining allegations of
`
`22
`
`23
`
`Paragraph 65.
`66. Memjet Technology admits that HP purportedly seeks a declaratory
`
`24
`
`judgment that the ’096 patent is invalid. Memjet Technology denies that HP’s
`
`25
`
`Counterclaim has merit. Memjet denies any remaining allegations of Paragraph
`
`26
`
`66.
`
`27
`
`67. Memjet Technology denies the allegations of Paragraph 67. Memjet
`
`28
`
`denies any remaining allegations of Paragraph 67.
`
`
`
`
`
`
`
`-11-
`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
`
`

`
`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 12 of 40
`
`
`
`
`
`
`
`COUNT FIFTEEN
`
`(Declaratory Judgment of Non-Infringement of the ’475 Patent)
`68. Memjet restates its responses to the allegations set forth in the
`
`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`69. Memjet Technology admits that it alleges HP has infringed and is
`
`infringing the ’475 patent and that it is entitled to relief for HP’s infringement.
`
`Memjet Technology admits that a justiciable controversy exists between Memjet
`
`Technology and HP regarding HP’s infringement of the ’475 patent. Memjet
`
`Technology denies that HP has not and does not infringe any claim of the ’475
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`patent. Memjet denies any remaining allegations of Paragraph 69.
`70. Memjet Technology admits that HP purportedly seeks a declaratory
`
`12
`
`judgment that it has not infringed and does not infringe the ’475 patent or any valid
`
`13
`
`and enforceable claim thereof. Memjet Technology denies that HP’s Counterclaim
`
`14
`
`15
`
`has merit. Memjet denies any remaining allegations of Paragraph 70.
`71. Memjet Technology denies the allegations of Paragraph 71. Memjet
`
`16
`
`denies any remaining allegations of Paragraph 71.
`
`17
`
`18
`
`19
`
`20
`
`21
`
`COUNT SIXTEEN
`
`(Declaratory Judgment of Invalidity of the ’475 Patent)
`72. Memjet restates its responses to the allegations set forth in the
`
`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`73. Memjet Technology admits that it alleges HP has infringed and is
`
`22
`
`infringing the ’475 patent and that it is entitled to relief for HP’s infringement.
`
`23
`
`Memjet Technology admits that a justiciable controversy exists between Memjet
`
`24
`
`Technology and HP regarding the validity of the ’475 patent. Memjet Technology
`
`25
`
`denies that the ’475 patent is invalid. Memjet denies any remaining allegations of
`
`26
`
`27
`
`Paragraph 73.
`74. Memjet Technology admits that HP purportedly seeks a declaratory
`
`28
`
`judgment that the ’475 patent is invalid. Memjet Technology denies that HP’s
`
`
`
`
`
`
`
`-12-
`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
`
`

`
`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 13 of 40
`
`
`
`
`
`
`
`Counterclaim has merit. Memjet denies any remaining allegations of Paragraph
`
`74.
`
`75. Memjet Technology denies the allegations of Paragraph 75. Memjet
`
`denies any remaining allegations of Paragraph 75.
`
`COUNT SEVENTEEN
`
`([Alleged] Infringement by Memjet of the ’738 Patent)
`76. Memjet restates its responses to the allegations set forth in the
`
`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`77. Memjet lacks knowledge or information sufficient to form a belief as to
`
`the truth of the allegations of Paragraph 77 and therefore denies them.
`78. Memjet lacks knowledge or information sufficient to form a belief as to
`
`the truth of the allegations of Paragraph 78 and therefore denies them.
`79. Memjet denies the allegations of Paragraph 79.
`80. Memjet denies the allegations of Paragraph 80.
`81. Memjet admits that Memjet Ltd. sells print engines and printheads to
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`OEMs for use in the various printer products identified. Memjet denies the
`
`17
`
`18
`
`remaining allegations of Paragraph 81.
`82. Memjet admits that Memjet Ltd. sells print engines and printheads to
`
`19
`
`OEMs. Memjet further admits that the Claims purport to attach websites with the
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`addresses:
`• http://www.memjet.com/partner/why-partner as Exhibit 2;
`• http://afinialabel.com/l801-printer/ as Exhibit 3; and
`• http://www.memjet.com/products/product_detail/vp700 as Exhibit 4.
`
`Memjet denies the remaining allegations of Paragraph 82.
`83. Memjet admits that http://www.memjet.com/partner/why-partner states,
`
`26
`
`among other things:
`
`27
`
`28
`
`
`
`
`
`
`
`-13-
`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
`
`

`
`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 14 of 40
`
`
`
`
`
`
`
`
`
`Memjet otherwise denies the allegations of Paragraph 83.
`84. Memjet admits that Memjet OEM partners sell and offer to sell printers
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`containing print engines and printheads purchased from Memjet Ltd. Memjet
`
`15
`
`16
`
`otherwise denies the allegations of Paragraph 84.
`85. Memjet admits that the Claims purport to attach a document titled
`
`17
`
`“VIPColor VP700 Printer User Guide,” which contains a 2013 copyright to
`
`18
`
`VIPColor Technologies, as Exhibit 5. Memjet denies the remaining allegations of
`
`19
`
`20
`
`21
`
`Paragraph 85.
`86. Memjet denies the allegations of Paragraph 86.
`87. Memjet admits that Memjet Ltd. sells print engines and printheads to
`
`22
`
`various OEMs for use in the various printer products identified. Memjet otherwise
`
`denies the allegations of Paragraph 87.
`88. Memjet denies the allegations of Paragraph 88.
`89. Memjet denies the allegations of Paragraph 89.
`90. Memjet denies the allegations of Paragraph 90.
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-14-
`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
`
`

`
`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 15 of 40
`
`
`
`
`
`
`
`COUNT EIGHTEEN
`
`([Alleged] Infringement by Memjet of the ’206 Patent)
`91. Memjet restates its responses to the allegations set forth in the
`
`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`92. Memjet lacks knowledge or information sufficient to form a belief as to
`
`the truth of the allegations of Paragraph 92 and therefore denies them.
`93. Memjet lacks knowledge or information sufficient to form a belief as to
`
`the truth of the allegations of Paragraph 93 and therefore denies them.
`94. Memjet denies the allegations of Paragraph 94.
`95. Memjet denies the allegations of Paragraph 95.
`96. Memjet admits that Memjet Ltd. sells print engines and printheads to
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`OEMs for use in the various printer products identified. Memjet denies the
`
`13
`
`14
`
`remaining allegations of Paragraph 96.
`97. Memjet admits that Memjet Ltd. sells print engines and printheads to
`
`15
`
`OEMs. Memjet further admits that the Claims purport to attach websites with the
`
`16
`
`17
`
`18
`
`19
`
`addresses:
`• http://www.memjet.com/partner/why-partner as Exhibit 2;
`• http://afinialabel.com/l801-printer/ as Exhibit 3; and
`• http://www.memjet.com/products/product_detail/vp700 as Exhibit 4.
`
`20
`
`Memjet denies the remaining allegations of Paragraph 97.
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-15-
`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
`
`

`
`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 16 of 40
`
`
`
`
`
`
`
`98. Memjet admits that http://www.memjet.com/partner/why-partner states,
`
`among other things:
`
`
`
`Memjet otherwise denies the allegations of Paragraph 98.
`99. Memjet admits that Memjet OEM partners sell and offer to sell printers
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`containing print engines and printheads purchased from Memjet Ltd. Memjet
`
`17
`
`18
`
`otherwise denies the allegations of Paragraph 99.
`100. Memjet admits that the Claims purport to attach a document titled
`
`19
`
`“VIPColor VP700 Printer User Guide,” which contains a 2013 copyright to
`
`20
`
`VIPColor Technologies, as Exhibit 5. Memjet denies the remaining allegations of
`
`21
`
`22
`
`23
`
`Paragraph 100.
`101. Memjet denies the allegations of Paragraph 101.
`102. Memjet admits that Memjet Ltd. sells print engines and printheads to
`
`24
`
`various OEMs for use in the various printer products identified. Memjet otherwise
`
`25
`
`26
`
`27
`
`28
`
`denies the allegations of Paragraph 102.
`103. Memjet denies the allegations of Paragraph 103.
`104. Memjet denies the allegations of Paragraph 104.
`105. Memjet denies the allegations of Paragraph 105.
`
`
`
`
`
`
`
`-16-
`MEMJET’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS IN RESPONSE TO HP INC.’S
`FIRST AMENDED ANSWER, COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT
`
`

`
`Case 3:15-cv-01769-BEN-BLM Document 56 Filed 01/18/16 Page 17 of 40
`
`
`
`
`
`
`
`COUNT NINETEEN
`
`([Alleged] Infringement by Memjet of the ’069 Patent)
`106. Memjet restates its responses to the allegations set forth in the
`
`foregoing paragraphs and incorporates them by reference, as if set forth fully herein.
`107. Memjet lacks knowledge or information sufficient to form a belief as to
`
`the truth of the allegations of Paragraph 107 and therefore denies them.
`108. Memjet lacks knowledge or information sufficient to form a belief as to
`
`the truth of the allegations of Paragraph