v.
`
`
`ONE WORLD TECHNOLOGIES, INC.,
`TECHTRONIC INDUSTRIES CO.LTD.,
`HOMELITE CONSUMER PRODUCTS,
`INC.
`
`
`Defendants.
`
`
`
`
`C.A. No. 19-1293-LPS
`
`JURY TRIAL DEMANDED
`
`
`
`
`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 1 of 19 PageID #: 1150
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`CHERVON (HK) LIMITED,
`CHERVON NORTH AMERICA INC.,
`
`
`Plaintiffs,
`
`
`
`DEFENDANTS’ ANSWER TO PLAINTIFFS’ SECOND AMENDED COMPLAINT
`
`Defendants One World Technologies, Inc., Techtronic Industries Co. Ltd., and Homelite
`
`
`
`Consumer Products, Inc. (collectively, “Defendants”) provide their Answer and Affirmative
`
`Defenses to the Second Amended Complaint for Patent Infringement filed by Plaintiffs Chervon
`
`(HK) Limited and Chervon North America Inc. (“Plaintiffs”). Defendants have adopted
`
`headings in the Second Amended Complaint for ease of reference. However, to the extent such
`
`headings contain factual and legal characterizations, Defendants deny such characterizations.
`
`Defendants deny all allegations not expressly admitted.
`
`SUMMARY OF NATURE OF ACTION
`
`1.
`
`Defendants deny the allegations of Paragraph 1 insofar as they contain opinions
`
`and legal arguments rather than factual assertions and therefore require no response. To the
`
`extent a response is required, Defendants admit that Plaintiffs purport to bring an action for
`
`patent infringement under the patent laws of the United States. Defendants deny that any of the
`
`products infringe any valid claim of any patent asserted by Plaintiffs.
`
`WEST/290002237
`
`1
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 1
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 2 of 19 PageID #: 1151
`
`
`PARTIES
`
`2.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of Paragraph 2 and on that basis deny them.
`
`3.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of Paragraph 3 and on that basis deny them.
`
`4.
`
`Defendants admit that One World Technologies, Inc. (“One World”) is a
`
`corporation organized under the laws of the State of Delaware and admit that its principal place
`
`of business is at 100 Innovation Way, Anderson, South Carolina 29621.
`
`5.
`
`Defendants admit that Techtronic Industries Co. Ltd. (“Techtronic”) is a Hong
`
`Kong corporation organized under the laws of Hong Kong and admit that its principal place of
`
`business is at 28/F & 29/F, Tower 2, Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai
`
`Chung, Hong Kong.
`
`6.
`
`Defendants admit that Homelite Consumer Products, Inc. (“Homelite”) is a
`
`corporation organized under the laws of the State of Delaware and admit that its principal place
`
`of business is at 100 Innovation Way, Anderson, South Carolina 29621.
`
`7.
`
`Techtronic denies that it makes, sells, offers for sale and/or imports products into
`
`the United States, and further denies the same with respect to the accused lawn mowers sold
`
`under the brand name Ryobi. One World admits that it sells and offers for sale in the United
`
`States lawn mowers sold under the brand name Ryobi. Homelite admits that it imports lawn
`
`mowers and other power tools into the United States. Defendants deny the remaining allegations
`
`of this Paragraph.
`
`JURISDICTION AND VENUE
`
`8.
`
`Defendants admit this Court has subject matter jurisdiction over this action.
`
`Defendants deny that Plaintiffs have stated any viable claim for relief.
`
`WEST/290002237
`
`2
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 2
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 3 of 19 PageID #: 1152
`
`
`9.
`
`Defendants do not contest personal jurisdiction for purposes of this case only.
`
`Defendants deny that they, directly or through subsidiaries or intermediaries, have committed or
`
`continue to commit any acts of infringement in this or any judicial district. Defendants deny the
`
`remaining allegations of this Paragraph.
`
`10.
`
`Defendants admit that venue in this district with respect to One World is
`
`permissible, but deny that this district is the most convenient or appropriate forum for this action.
`
`Defendants deny that One World is registered to do business in Delaware but admit that One
`
`World has transacted business in Delaware. Defendants deny that One World has committed any
`
`acts of direct or indirect infringement in this or any other district. Defendants deny the
`
`remaining allegations of this Paragraph.
`
`11.
`
`Defendants admit that venue in this district with respect to Techtronic is
`
`permissible, and further deny that this district is the most convenient or appropriate forum for
`
`this action. Defendants deny that Techtronic is registered to do business in Delaware and deny
`
`that Techtronic has transacted business in Delaware, and deny that Techtronic has committed any
`
`acts of direct or indirect infringement in this or any other district. Defendants deny the
`
`remaining allegations of this Paragraph.
`
`12.
`
`Defendants admit that venue in this district with respect to Homelite is
`
`permissible, but deny that this district is the most convenient or appropriate forum for this action.
`
`Defendants deny that Homelite is registered to do business in Delaware but admit that Homelite
`
`has transacted business in Delaware. Defendants deny that Homelite has committed any acts of
`
`direct or indirect infringement in this or any other district. Defendants deny the remaining
`
`allegations of this Paragraph.
`
`WEST/290002237
`
`3
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 3
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 4 of 19 PageID #: 1153
`
`
`BACKGROUND
`
`13.
`
`Defendants deny the statements and allegations of this Paragraph insofar as they
`
`contain opinions and legal arguments rather than factual assertions, and therefore, do not require
`
`response. To the extent a response is required, Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the allegations of this Paragraph and on that
`
`basis deny them.
`
`14.
`
`Defendants deny the statements and allegations of this Paragraph insofar as they
`
`contain opinions and legal arguments rather than factual assertions, and therefore, do not require
`
`response. To the extent a response is required, Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the allegations of this Paragraph and on that
`
`basis deny them.
`
`15.
`
`Defendants deny the statements and allegations of this Paragraph insofar as they
`
`contain opinions and legal arguments rather than factual assertions, and therefore, do not require
`
`response. To the extent a response is required, Defendants admit that the stated URL purports to
`
`denote CPSC Release #95-173, a recall involving third-party Ryobi Outdoor Products, Inc.
`
`However, neither Defendant was a party to CPSC Release #95-173 and are therefore without
`
`knowledge or information sufficient to form a belief of CPSC’s efforts to reduce blade contact
`
`injuries through recalls, and therefore deny the remainder of this Paragraph.
`
`16.
`
`Defendants deny the statements and allegations of this Paragraph insofar as they
`
`contain opinions and legal arguments rather than factual assertions, and therefore, do not require
`
`response. To the extent a response is required, Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the allegations of this Paragraph and on that
`
`basis deny them.
`
`WEST/290002237
`
`4
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 4
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 5 of 19 PageID #: 1154
`
`
`COUNT I
`[ALLEGED] INFRINGEMENT OF U.S. PATENT NO. 9,060,463
`
`17.
`
`Defendants incorporate by reference their responses to Paragraphs 1-16 as if set
`
`forth fully herein.
`
`18.
`
`Defendants admit that what appears to be a copy of U.S. Patent No. 9,060,463 is
`
`attached as Exhibit A to the Amended Complaint. Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the remaining allegations of this Paragraph and
`
`therefore deny them.
`
`19.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`20.
`
`Defendants admit that Toshinari Yamaoka, Fangjie Nie, Haishen Xu, and
`
`Xiandian Shao are listed as inventors on the face of the ‘463 patent. Defendants deny the
`
`remaining allegations of this Paragraph.
`
`21.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`22.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`23.
`
`24.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants admit that Plaintiffs recite Claim 1 of the ‘463 patent. Defendants
`
`deny the remaining allegations of this Paragraph.
`
`25.
`
`26.
`
`27.
`
`28.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`WEST/290002237
`
`5
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 5
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 6 of 19 PageID #: 1155
`
`
`COUNT II
`[ALLEGED] INFRINGEMENT OF U.S. PATENT NO. 9,596,806
`
`29.
`
`Defendants incorporate by reference their responses to Paragraphs 1-28 as if set
`
`forth fully herein.
`
`30.
`
`Defendants admit that what appears to be a copy of U.S. Patent No. 9,596,806 is
`
`attached as Exhibit B to the Amended Complaint. Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the remaining allegations of this Paragraph and
`
`therefore deny them.
`
`31.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`32.
`
`Defendants admit that Toshinari Yamaoka, Fangjie Nie, and Haishen Xu are
`
`listed as inventors on the face of the ‘806 patent. Defendants deny the remaining allegations of
`
`this Paragraph.
`
`33.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`34.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`35.
`
`36.
`
` Defendants deny the allegations of this Paragraph.
`
`Defendants admit that Plaintiffs recite Claim 1 of the ‘806 patent. Defendants
`
`deny the remaining allegations of this Paragraph.
`
`37.
`
`38.
`
`39.
`
`40.
`
` Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`WEST/290002237
`
`6
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 6
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 7 of 19 PageID #: 1156
`
`
`COUNT III
`[ALLEGED] INFRINGEMENT OF U.S. PATENT NO. 9,826,686
`
`41.
`
`Defendants incorporate by reference their responses to Paragraphs 1-40 as if set
`
`forth fully herein.
`
`42.
`
`Defendants admit that what appears to be a copy of U.S. Patent No. 9,826,686 is
`
`attached as Exhibit C to the Amended Complaint. Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the remaining allegations of this Paragraph and
`
`therefore deny them.
`
`43.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`44.
`
`Defendants admit that Toshinari Yamaoka, Fangjie Nie, and Haishen Xu are
`
`listed as inventors on the face of the ’26,686 patent. Defendants deny the remaining allegations
`
`of this Paragraph.
`
`45.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`46.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`47.
`
`48.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants admit that Plaintiffs recite Claim 1 of the ’26,686 Patent. Defendants
`
`deny the remaining allegations of this Paragraph.
`
`49.
`
`50.
`
`51.
`
`52.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`WEST/290002237
`
`7
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 7
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 8 of 19 PageID #: 1157
`
`
`COUNT IV
`[ALLEGED] INFRINGEMENT OF U.S. PATENT NO. 9,986,686
`
`53.
`
`Defendants incorporate by reference their responses to Paragraphs 1-52 as if set
`
`forth fully herein.
`
`54.
`
`Defendants admit that what appears to be a copy of U.S. Patent No. 9,986,686 is
`
`attached as Exhibit D to the Amended Complaint. Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the remaining allegations of this Paragraph and
`
`therefore deny them.
`
`55.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`56.
`
`Defendants admit that Toshinari Yamaoka, Fangjie Nie, and Haishen Xu are
`
`listed as inventors on the face of the ’86,686 patent. Defendants deny the remaining allegations
`
`of this Paragraph.
`
`57.
`
`58.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`59.
`
`60.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants admit that Plaintiffs recite Claim 1 of the ’86,686 patent. Defendants
`
`deny the remaining allegations of this Paragraph.
`
`61.
`
`62.
`
`63.
`
`64.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`WEST/290002237
`
`8
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 8
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 9 of 19 PageID #: 1158
`
`
`COUNT V
`[ALLEGED] INFRINGEMENT OF U.S. PATENT NO. 10,070,588
`
`65.
`
`Defendants incorporate by reference their responses to Paragraphs 1-64 as if set
`
`forth fully herein.
`
`66.
`
`Defendants admit that what appears to be a copy of U.S. Patent No. 10,070,588 is
`
`attached as Exhibit E to the Amended Complaint. Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the remaining allegations of this Paragraph and
`
`therefore deny them.
`
`67.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`68.
`
`Defendants admit that Toshinari Yamaoka, Fangjie Nie, and Haishen Xu are
`
`listed as inventors on the face of the ‘588 patent. Defendants deny the remaining allegations of
`
`this Paragraph.
`
`69.
`
`70.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`71.
`
`72.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants admit that Plaintiffs recite Claim 1 of the ‘588 patent. Defendants
`
`deny the remaining allegations of this Paragraph.
`
`73.
`
`74.
`
`75.
`
`76.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`WEST/290002237
`
`9
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 9
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 10 of 19 PageID #: 1159
`
`
`COUNT VI
`[ALLEGED] INFRINGEMENT OF U.S. PATENT NO. 9,648,805
`
`77.
`
`Defendants incorporate by reference their responses to Paragraphs 1-76 as if set
`
`forth fully herein.
`
`78.
`
`Defendants admit that what appears to be a copy of U.S. Patent No. 9,648,805 is
`
`attached as Exhibit F to the Amended Complaint. Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the remaining allegations of this Paragraph and
`
`therefore deny them.
`
`79.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`80.
`
`Defendants admit that Fangjie Nie and Qian Liu are listed as inventors on the face
`
`of the ‘805 patent. Defendants deny the remaining allegations of this Paragraph.
`
`81.
`
`82.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`83.
`
`84.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants admit that Plaintiffs recite Claim 1 of the ‘805 patent. Defendants
`
`deny the remaining allegations of this Paragraph.
`
`85.
`
`86.
`
`87.
`
`88.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`WEST/290002237
`
`10
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 10
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 11 of 19 PageID #: 1160
`
`
`COUNT VII
`[ALLEGED] INFRINGEMENT OF U.S. PATENT NO. 10,477,772
`
`89.
`
`Defendants incorporate by reference their responses to Paragraphs 1-88 as if set
`
`forth fully herein.
`
`90.
`
`Defendants admit that what appears to be a copy of U.S. Patent No. 10,477,772 is
`
`attached as Exhibit G to the Amended Complaint. Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the remaining allegations of this Paragraph and
`
`therefore deny them.
`
`91.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`92.
`
`Defendants admit that Toshinari Yamaoka, Fangjie Nie, Haishen Xu, and
`
`Xiandian Shao are listed as inventors on the face of the ‘772 patent. Defendants deny the
`
`remaining allegations of this Paragraph.
`
`93.
`
`94.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`95.
`
`96.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants admit that Plaintiffs recite Claim 1 of the ‘772 patent. Defendants
`
`deny the remaining allegations of this Paragraph.
`
`97.
`
`Defendants admit that Plaintiffs recite Claim 11 of the ‘772 patent. Defendants
`
`deny the remaining allegations of this Paragraph.
`
`98.
`
`99.
`
`Defendants deny the allegations of this Paragraph.
`
`Defendants deny the allegations of this Paragraph.
`
`100. Defendants deny the allegations of this Paragraph.
`
`WEST/290002237
`
`11
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 11
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 12 of 19 PageID #: 1161
`
`
`101. Defendants deny the allegations of this Paragraph.
`
`COUNT VIII
`[ALLEGED] INFRINGEMENT OF U.S. PATENT NO. 10,485,176
`
`102. Defendants incorporate by reference their responses to Paragraphs 1-101 as if set
`
`forth fully herein.
`
`103. Defendants admit that what appears to be a copy of U.S. Patent No. 10,485,176 is
`
`attached as Exhibit H to the Amended Complaint. Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the remaining allegations of this Paragraph and
`
`therefore deny them.
`
`104. Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`105. Defendants admit that Toshinari Yamaoka, Fangjie Nie, Haishen Xu, and
`
`Xiandian Shao are listed as inventors on the face of the ‘176 patent. Defendants deny the
`
`remaining allegations of this Paragraph.
`
`106. Defendants deny the allegations of this Paragraph.
`
`107. Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`108. Defendants deny the allegations of this Paragraph.
`
`109. Defendants admit that Plaintiffs recite Claim 1 of the ‘176 patent. Defendants
`
`deny the remaining allegations of this Paragraph.
`
`110. Defendants deny the allegations of this Paragraph.
`
`111. Defendants deny the allegations of this Paragraph.
`
`112. Defendants deny the allegations of this Paragraph.
`
`113. Defendants deny the allegations of this Paragraph.
`
`WEST/290002237
`
`12
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 12
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 13 of 19 PageID #: 1162
`
`
`COUNT IX
`[ALLEGED] INFRINGEMENT OF U.S. PATENT NO. 10,524,420
`
`114. Defendants incorporate by reference their responses to Paragraphs 1-113 as if set
`
`forth fully herein.
`
`115. Defendants admit that what appears to be a copy of U.S. Patent No. 10,524,420 is
`
`attached as Exhibit I to the Amended Complaint. Defendants lack knowledge or information
`
`sufficient to form a belief regarding the truth of the remaining allegations of this Paragraph and
`
`therefore deny them.
`
`116. Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`117. Defendants admit that Toshinari Yamaoka, Fangjie Nie, Haishen Xu, and
`
`Xiandian Shao are listed as inventors on the face of the ‘420 patent. Defendants deny the
`
`remaining allegations of this Paragraph.
`
`118. Defendants deny the allegations of this Paragraph.
`
`119. Defendants lack knowledge or information sufficient to form a belief regarding
`
`the truth of the allegations of this Paragraph and on that basis deny them.
`
`120. Defendants deny the allegations of this Paragraph.
`
`121. Defendants admit that Plaintiffs recite Claim 1 of the ‘420 patent. Defendants
`
`deny the remaining allegations of this Paragraph.
`
`122. Defendants deny the allegations of this Paragraph.
`
`123. Defendants deny the allegations of this Paragraph.
`
`124. Defendants deny the allegations of this Paragraph.
`
`125. Defendants deny the allegations of this Paragraph.
`
`
`
`WEST/290002237
`
`13
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 13
`
`

`

`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 14 of 19 PageID #: 1163
`
`
`PRAYER FOR RELIEF
`
`126. Defendants deny that Plaintiffs are entitled to any relief whatsoever in this action,
`
`either as prayed for in the Amended Complaint or otherwise.
`
`* * *
`
`AFFIRMATIVE DEFENSES
`
`127. Defendants assert the following affirmative and other defenses. Discovery of
`
`Plaintiffs has not begun and therefore Defendants have not yet had sufficient time and
`
`opportunity to collect and review all the information that may be relevant to the matters and
`
`issues raised herein. Thus, Defendants reserve the right to seek amendment of, modify, and/or
`
`expand these defenses and to take further positions as discovery proceeds in this action.
`
`Furthermore, to the extent Plaintiffs amend the Complaint, Defendants reserve their right to
`
`amend this Answer and Affirmative Defenses.
`
`FIRST AFFIRMATIVE DEFENSE
`(FAILURE TO STATE A CLAIM)
`
`128. Plaintiffs fail to state a claim upon which relief may be granted.
`
`SECOND AFFIRMATIVE DEFENSE
`(NONINFRINGEMENT)
`
`129. Although Defendants do not bear the burden of proof on this issue, Defendants
`
`deny that they (i) infringe or have infringed, either literally or under the doctrine of equivalents,
`
`(ii) contribute or have contributed to infringement by others, and (iii) induce or have induced
`
`others to infringe any valid asserted claim of the asserted patents.
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`THIRD AFFIRMATIVE DEFENSE
`(INVALIDITY)
`
`130. One or more claims of the asserted patents are invalid and/or unenforceable for
`
`failing to meet one or more requirements of patentability set forth in Part II of Title 35 of the
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`WEST/290002237
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`14
`
`Chervon (HK) Limited
`Exhibit 2007 - Page 14
`
`

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`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 15 of 19 PageID #: 1164
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`
`United States Code, including but not limited to sections 101, 102, 103, 112, 115, 116, and/or
`
`256, or judicially created doctrines of invalidity including obviousness-type double patenting or
`
`the Rules and Regulations of the U.S. Patent and Trademark Office relating thereto.
`
`131. Specifically, all of the asserted claims are invalid under 35 U.S.C. § 102 and/or
`
`§ 103 in view of at least any reference listed on the face of the patents, any reference cited or
`
`referred to in the prosecution histories of the patents at issue, foreign counterparts to those
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`patents, and related U.S. and foreign patents, and/or additional prior art identified during
`
`discovery, either individually or in combination. Defendants reserve the right to rely upon any
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`prior art identified during discovery to establish invalidity of any asserted claim of any of the
`
`asserted patents under 35 U.S.C. § 102 and/or § 103.
`
`132. Depending on the scope of the asserted claims of the asserted patents or Plaintiffs’
`
`contentions in connection therewith, one or more asserted claims of the asserted patents may be
`
`invalid for failure to comply with the requirements of 35 U.S.C. § 112 including lack of a written
`
`description, failure to particularly point out and distinctly claim the alleged invention, and/or
`
`failure to enable any person skilled in the art to make and use the alleged invention. As a non-
`
`exhaustive example, at least claims 9 and 12 of U.S. Patent No. 9,596,806 and claims 3, 4, 9, 13,
`
`14, and 19 of U.S. Patent No. 9,826,686 are each indefinite pursuant to Section 112(2) because
`
`each adds further limitations to “the switch” without identifying which of multiple switches
`
`disclosed in its parent claim is further limited. Thus, at least these claims fail to particularly
`
`point out and distinctly claim the alleged invention. Further investigation may reveal additional
`
`examples, and Defendants reserve such rights.
`
`133. Defendants incorporate by reference the Initial Invalidity Contentions served on
`
`Plaintiffs March 20, 2020.
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`WEST/290002237
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`15
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`Chervon (HK) Limited
`Exhibit 2007 - Page 15
`
`

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`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 16 of 19 PageID #: 1165
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`134. This action is in its early stages and Defendants’ investigation is ongoing.
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`Defendants reserve the right to supplement, modify, and/or amend its invalidity defense as its
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`investigation and discovery progresses.
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`FOURTH AFFIRMATIVE DEFENSE
`(ESTOPPEL)
`
`135. On information and belief, Plaintiffs’ claims against Defendants are barred, in
`
`whole or in part, by estoppel, including but not limited to prosecution history estoppel.
`
`136. On information and belief, Plaintiffs are estopped by virtue of the cancellations,
`
`amendments, representations and concessions made to the Patent and Trademark Office during
`
`the pendency of the applications for the asserted patents and for related patents and patent
`
`applications, from construing any valid and enforceable asserted claim to have been infringed by
`
`any accused product.
`
`FIFTH AFFIRMATIVE DEFENSE
`(EXPRESS/IMPLIED LICENSE AND/OR PATENT EXHAUSTION)
`
`137. On information and belief, Defendants and/or their customers cannot be held
`
`liable for infringement because the accused products were manufactured, sold, used, and/or
`
`imported into the United States under an express and/or implied license from Plaintiffs and/or
`
`their affiliates and/or another licensed third party and/or its privies, or Plaintiffs have exhausted
`
`their rights in the asserted patents as to the accused products.
`
`SIXTH AFFIRMATIVE DEFENSE
`(ENSNAREMENT)
`
`138. On information and belief, Plaintiffs’ infringement claims are barred by the
`
`doctrine of ensnarement. Plaintiffs are foreclosed from asserting infringement under the doctrine
`
`of equivalents to the extent the scope of such equivalent would ensnare prior art.
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`WEST/290002237
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`16
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`Chervon (HK) Limited
`Exhibit 2007 - Page 16
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`

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`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 17 of 19 PageID #: 1166
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`SEVENTH AFFIRMATIVE DEFENSE
`(WAIVER/UNCLEAN HANDS)
`
`139. On information and belief, Plaintiffs’ claims are barred by the equitable doctrines
`
`of waiver and/or unclean hands based at least upon Plaintiffs bringing this lawsuit when
`
`Plaintiffs know or should know that Defendants and/or their customers cannot be held liable for
`
`infringement because the accused products were manufactured, sold, used, and/or imported into
`
`the United States under an express and/or implied license from Plaintiffs and/or its affiliates
`
`and/or another licensed third party and/or its privies, or Plaintiffs have exhausted their rights in
`
`the asserted patents as to the accused products. Thus, on information and belief, Plaintiffs’
`
`actions in bringing this lawsuit violate conscience and equitable principles.
`
`EIGHTH AFFIRMATIVE DEFENSE
`(LIMITATION ON DAMAGES)
`
`140. Any claim by Plaintiffs for damages is limited under 35 U.S.C. §§ 286, 287,
`
`and/or 271, as well as 28 U.S.C. § 1498. Plaintiffs are barred under 35 U.S.C. § 286 from
`
`recovering damages for any alleged infringing acts that occurred more than six years before the
`
`filing of the Complaint. In the alternative, Plaintiffs are limited by 35 U.S.C. § 287 to those
`
`damages occurring only after the notice of infringement. For example, Plaintiffs’ request for
`
`damages are limited by the doctrine of patent marking. Under 35 U.S.C. § 271, Plaintiffs are
`
`limited to damages for infringement occurring only during the term of each patent found to be
`
`infringed. Additionally, Plaintiffs’ claims for infringement as they relate to any product
`
`manufactured by Defendants for use by the United States is limited to the rights and remedies set
`
`forth in 28 U.S.C. § 1498. Plaintiffs cannot seek damages against Defendants for any product
`
`made for and/or used by the United States government.
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`WEST/290002237
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`17
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`Chervon (HK) Limited
`Exhibit 2007 - Page 17
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`

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`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 18 of 19 PageID #: 1167
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`
`RESERVATION OF ADDITIONAL DEFENSES
`
`141. Defendants reserve all affirmative defenses under Rule 8(c) of the Federal Rules
`
`of Civil Procedure, the Patent Laws of the United States, and any other defenses, at law and
`
`equity, that may now or in the future be available based on discovery or any other factual
`
`investigation concerning this case or any related action.
`
`JURY DEMAND
`
`142. Defendants demand a trial by jury of all issues so triable in this action.
`
`REQUEST FOR RELIEF
`
`WHEREFORE, Defendants pray for judgment that:
`
`A.
`
`B.
`
`The Amended Complaint be dismissed in its entirety with prejudice;
`
`Plaintiffs be denied any of the relief prayed for in their Amended Complaint or to
`
`any relief whatsoever;
`
`C.
`
`The asserted patents have never been, and are not now, infringed by Defendants
`
`directly or indirectly, or by any other person using Defendants’ products in this judicial district
`
`or anywhere in the United States;
`
`D.
`
`No damages or royalties are due or owing for any of the acts alleged by Plaintiffs
`
`in their Amended Complaint against Defendants, nor is any preliminary or permanent injunction
`
`appropriate as a matter of law;
`
`E.
`
`Plaintiffs are barred from enforcing or attempting to enforce patent rights as
`
`against Defendants; and that
`
`F.
`
`Defendants be awarded their costs (including expert fees), disbursements, and
`
`reasonable attorneys’ fees pursuant to 35 U.S.C. § 285 and/or 18 U.S.C. § 1927 as against
`
`Plaintiffs, and such other and further relief as the Court may deem just and proper.
`
`
`
`WEST/290002237
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`18
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`Chervon (HK) Limited
`Exhibit 2007 - Page 18
`
`

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`Case 1:19-cv-01293-LPS Document 48 Filed 04/15/20 Page 19 of 19 PageID #: 1168
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`DLA PIPER LLP (