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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
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`WACO DIVISION
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`ANCORA TECHNOLOGIES, INC.
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`Plaintiff,
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`v.
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`LG ELECTRONICS INC., and LG
`ELECTRONICS U.S.A., INC.,
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`Defendants.
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`Civil Action No. 6:19-cv-384
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`Jury Trial Requested
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`ANSWER TO DEFENDANTS’ COUNTERCLAIMS
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`Plaintiff Ancora Technologies, Inc. submits the following Answer to the Counterclaims
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`asserted by LG Electronics Inc. (“LGEKR”) and LG Electronics U.S.A., Inc. (“LGEUS”)
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`(collectively, “LG” or “Defendants”):
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`PARTIES
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`Admitted.
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`Plaintiff admits that LGEUS is a Delaware corporation. Plaintiff is without
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`1.
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`2.
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations in
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`this paragraph and thus denies those allegations.
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`3.
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`Admitted.
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`JURISDICTION AND VENUE
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`4.
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`This paragraph states legal conclusions to which no response is required. To the
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`extent that a response is required, Plaintiff admits that LG’s asserted Counterclaims purport to
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`arise under Title 35 of the United States Code and the Declaratory Judgment Act.
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`1
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`Case 1:20-cv-00034-ADA Document 23 Filed 11/01/19 Page 2 of 6
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`5.
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`Plaintiff admits that the Court has subject matter jurisdiction over LG’s asserted
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`Counterclaims to the extent they arise under 28 U.S.C. §§ 1331 and 1338. Plaintiff denies the
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`remaining allegations in this paragraph.
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`6.
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`Plaintiff admits that this Court has personal jurisdiction over it to the extent that
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`LG’s asserted Counterclaims relate to the allegations in Plaintiff’s Complaint. Plaintiff denies the
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`remaining allegations in this paragraph.
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`7.
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`Plaintiff admits that venue is proper in this District for LG’s asserted
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`Counterclaims. Plaintiff denies the remaining allegations in this paragraph.
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`COUNTERCLAIM COUNT I
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`Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,411,941
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`Plaintiff incorporates by reference paragraphs 1–57 of its Complaint and
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`8.
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`paragraphs 1–7 of its Answer to Defendants’ Counterclaims.
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`9.
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`This paragraph states legal conclusions to which no response is required. To the
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`extent that a response is required, Plaintiff admits that an actual controversy exists between Ancora
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`and LG concerning the infringement of the ’941 patent. Plaintiff denies the remaining allegations
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`in this paragraph.
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`10.
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`This paragraph states legal conclusions to which no response is required. To the
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`extent that a response is required, Plaintiff admits that a justiciable controversy exists between
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`Ancora and LG concerning the infringement of the ’941 patent. Plaintiff denies the remaining
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`allegations in this paragraph.
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`11.
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`Plaintiff admits that, by this Counterclaim, LG seeks a declaratory judgment of non-
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`infringement of the ’941 patent. Plaintiff denies that LG is entitled to a declaratory judgment of
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`non-infringement of the ’941 patent. Plaintiff denies the remaining allegations in this paragraph.
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`2
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`Case 1:20-cv-00034-ADA Document 23 Filed 11/01/19 Page 3 of 6
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`12.
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`This paragraph states legal conclusions to which no response is required. To the
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`extent that a response is required, Plaintiff denies the allegations in this paragraph.
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`COUNTERCLAIM COUNT II
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`Declaratory Judgment of Invalidity of U.S. Patent No. 6,411,941
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`Plaintiff incorporates by reference paragraphs 1–57 of its Complaint and
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`13.
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`paragraphs 1–12 of its Answer to Defendants’ Counterclaims.
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`14.
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`This paragraph states legal conclusions to which no response is required. To the
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`extent that a response is required, Plaintiff denies the allegations in this paragraph.
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`15.
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`This paragraph states legal conclusions to which no response is required. To the
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`extent that a response is required, Plaintiff denies the allegations in this paragraph.
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`16.
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`Plaintiff admits that, by this Counterclaim, LG seeks a declaratory judgment of
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`invalidity of the ’941 patent. Plaintiff denies that LG is entitled to a declaratory judgment of
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`invalidity of the ’941 patent. Plaintiff denies the remaining allegations in this paragraph.
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`17.
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`This paragraph states legal conclusions to which no response is required. To the
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`extent that a response is required, Plaintiff denies the allegations in this paragraph.
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`PRAYER FOR RELIEF
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`Plaintiff denies that Defendants are entitled to any of the relief they seek and requests that
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`the Court deny all such relief with prejudice and order that Defendants take nothing and enter
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`judgment in Plaintiff’s favor against Defendants as follows:
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`A.
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`B.
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`Declaring that Defendants have infringed the ’941 patent;
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`Awarding damages to Plaintiff arising out of this infringement, including enhanced
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`damages pursuant to 35 U.S.C. § 284 and prejudgment and post-judgment interest, in an amount
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`according to proof;
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`3
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`Case 1:20-cv-00034-ADA Document 23 Filed 11/01/19 Page 4 of 6
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`C.
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`Awarding such other costs and relief the Court deems just and proper, including
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`any relief that the Court may deem appropriate under 35 U.S.C. § 285.
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`GENERAL DENIAL
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`Except as expressly admitted above, Plaintiff denies every allegation in Defendants’
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`Counterclaims.
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`AFFIRMATIVE DEFENSES
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`Plaintiff asserts the following Affirmative Defenses against Defendants’ Counterclaims
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`and reserves the right to amend such defenses as additional information becomes available:
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`1.
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`The claims of U.S. Patent No. 6,411,941 are valid, enforceable, and infringed by
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`Defendants.
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`2.
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`3.
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`Defendants’ Counterclaims fail to state a claim on which relief can be granted.
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`Defendants’ Counterclaims are barred, in whole or in part, under the doctrines of
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`waiver, laches, and/or estoppel.
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`DEMAND FOR JURY TRIAL
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`Plaintiff demands a jury trial on all issues so triable.
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`Dated: November 1, 2019
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`Respectfully submitted,
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`By: /s/ Charles L. Ainsworth
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`Charles L. Ainsworth (Texas 00783521)
`Robert Christopher Bunt (Texas 00787165)
`PARKER, BUNT & AINSWORTH, P.C.
`1000 East Ferguson, Suite 418
`Tyler, Texas 75702
`Tel: (903) 531-3535
`charley@pbatyler.com
`rcbunt@pbatyler.com
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`4
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`Case 1:20-cv-00034-ADA Document 23 Filed 11/01/19 Page 5 of 6
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`Lexie G. White (Texas 24048876)
`SUSMAN GODFREY LLP
`1000 Louisiana Street, Suite 5100
`Houston, Texas 77002
`Tel: (713) 651-9366
`Fax: (713) 654-6666
`lwhite@susmangodfrey.com
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`Andres Healy (pro hac vice)
`SUSMAN GODFREY LLP
`1201 Third Avenue, Suite 3800
`Seattle, Washington 98101
`Tel: (206) 516-3880
`Fax: 206-516-3883
`ahealy@susmangodfrey.com
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`Zachary B. Savage (pro hac vice)
`SUSMAN GODFREY LLP
`1301 Avenue of the Americas, 32nd Floor
`New York, New York 10019
`Tel: (212) 336-8330
`Fax: (212) 336-8340
`zsavage@susmangodfrey.com
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`COUNSEL FOR PLAINTIFF ANCORA
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`Case 1:20-cv-00034-ADA Document 23 Filed 11/01/19 Page 6 of 6
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 1st day of November 2019, I electronically filed the foregoing
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`with the Clerk of the Court using the CM/ECF system, which will send notification of such filing
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`to the following counsel of record.
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`/s/ Charles L. Ainsworth
`Charles L. Ainsworth
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`6
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