Case 6:19-cv-00385-ADA Document 20 Filed 10/18/19 Page 1 of 5
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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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`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
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`Defendants.
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`Civil Action No. 6:19-cv-385
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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 Samsung Electronics Co., Ltd. (“SEC”) and Samsung Electronics America, Inc.
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`(“SEA”) (collectively, “Samsung” or “Defendants”):
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`PARTIES
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`1.
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`Plaintiff admits that SEC is a corporation organized and existing under the laws of
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`the Republic of Korea with a principal place of business at 129, Samsung-ro, Yeongtong-gu,
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`Suwon-si, Gyeonggi-Do, Korea 443-742. Plaintiff denies the remaining allegations in this
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`paragraph.
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`2.
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`Plaintiff admits that SEA is a corporation organized and existing under the laws of
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`the State of New York with a principal place of business at 85 Challenger Road, Ridgefield Park,
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`New Jersey 07660. Plaintiff denies the remaining allegations in this paragraph.
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`3.
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`Admitted.
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`
`WACO DIVISION
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`
`
`
`ANCORA TECHNOLOGIES, INC.
`
`
`Plaintiff,
`
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`Defendants.
`
`
`
`
`
`
`
`Civil Action No. 6:19-cv-385
`
`Jury Trial Requested
`
`
`
`
`
`
`
`ANSWER TO DEFENDANTS’ COUNTERCLAIMS
`
`Plaintiff Ancora Technologies, Inc. submits the following Answer to the Counterclaims
`
`asserted by Samsung Electronics Co., Ltd. (“SEC”) and Samsung Electronics America, Inc.
`
`(“SEA”) (collectively, “Samsung” or “Defendants”):
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`PARTIES
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`1.
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`Plaintiff admits that SEC is a corporation organized and existing under the laws of
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`the Republic of Korea with a principal place of business at 129, Samsung-ro, Yeongtong-gu,
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`Suwon-si, Gyeonggi-Do, Korea 443-742. Plaintiff denies the remaining allegations in this
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`paragraph.
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`2.
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`Plaintiff admits that SEA is a corporation organized and existing under the laws of
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`the State of New York with a principal place of business at 85 Challenger Road, Ridgefield Park,
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`New Jersey 07660. Plaintiff denies the remaining allegations in this paragraph.
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`3.
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`Admitted.
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`1
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`Case 6:19-cv-00385-ADA Document 20 Filed 10/18/19 Page 2 of 5
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`JURISDICTION AND VENUE
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`4.
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`Plaintiff admits that the Court has subject matter jurisdiction over Defendants’
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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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`5.
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`Plaintiff admits that venue is proper as to SEC in the Western District of Texas.
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`Plaintiff further admits that this Court has personal jurisdiction over it to the extent that the asserted
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`Counterclaims relate to the allegations in Plaintiff’s Complaint. Plaintiff further admits that venue
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`is proper in the Western District of Texas as to it, to the extent that the asserted Counterclaims
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`relate to the allegations in Plaintiff’s Complaint. Plaintiff denies the remaining allegations in this
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`paragraph.
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`6.
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`7.
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`8.
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`BACKGROUND
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`Admitted.
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`Admitted.
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`This paragraph states legal conclusions to which no response is required. To the
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`extent a response is required, Plaintiff admits that an actual, substantial, and continuing justiciable
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`controversy exists between Ancora and Samsung concerning the infringement of the ’941 patent.
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`Plaintiff denies the remaining allegations in this paragraph.
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`9.
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`10.
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`11.
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`12.
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`FIRST COUNTERCLAIM
`(Non-Infringement of ’941 Patent)
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`Plaintiff incorporates by reference its responses in the preceding paragraphs.
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`Admitted.
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`Denied.
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`Denied.
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`2
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`Case 6:19-cv-00385-ADA Document 20 Filed 10/18/19 Page 3 of 5
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`SECOND COUNTERCLAIM
`(Invalidity of ’941 Patent)
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`13.
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`14.
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`15.
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`Plaintiff incorporates by reference its responses in the preceding paragraphs.
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`Denied.
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`Denied.
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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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`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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`Defendants’ Counterclaims fail to state a claim on which relief can be granted.
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`3
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`Case 6:19-cv-00385-ADA Document 20 Filed 10/18/19 Page 4 of 5
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`3.
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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: October 18, 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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`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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`4
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`Case 6:19-cv-00385-ADA Document 20 Filed 10/18/19 Page 5 of 5
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 18th day of October, I electronically filed the foregoing with
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`the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all
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`counsel of record.
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`/s/ Charles Ainsworth
`CHARLES AINSWORTH
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`5
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