American Patents LLC v. Analog Devices, Inc. et al

Western District of Texas, txwd-6:2018-cv-00356

ANSWER to [38] Answer to Amended Complaint, Counterclaim by American Patents LLC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION AMERICAN PATENTS LLC, CIVIL ACTION NO. 6:18-CV-356 Plaintiff, JURY TRIAL DEMANDED v. ANALOG DEVICES, INC., MARVELL INTERNATIONAL, LTD., MARVELL TECHNOLOGY GROUP LTD., MEDIATEK INC., MEDIATEK USA INC., QUALCOMM INCORPORATED, and QUALCOMM TECHNOLOGIES, INC., Defendants. ANSWER TO MEDIATEK USA INC.'S COUNTERCLAIMS Plaintiff American Patents LLC ("American Patents") files this answer to the counterclaims of MediaTek USA Inc. ("MediaTek USA"), based on its own knowledge as to itself and its own actions and based on information and belief as to all other matters, as follows. Any allegation not specifically admitted is denied: 1. Admitted that MediaTek USA seeks a declaratory judgment with respect to the validity and infringement of the asserted patents. Otherwise denied. THE PARTIES 2. Admitted that MediaTek USA is a Delaware corporation with a place of business at 2860 Junction Avenue, San Jose, California 95134. Otherwise denied. 3. Admitted. 4. Admitted. 5. Admitted that this court has jurisdiction over MediaTek USA's Declaratory Judgment claims and subject matter jurisdiction over patent infringement and validity. Admitted that MediaTek USA seeks a declaratory judgment with respect to the validity and infringement of the asserted patents. Otherwise denied. 6. Admitted that venue is proper in this District. Otherwise denied. FIRST COUNTERCLAIM (Alleged Non-Infringement of the '293 Patent) 7. American Patents hereby repeats and re-alleges the admissions and denials contained in paragraphs 1-6 above. Any allegation not specifically admitted is denied. 8. Admitted. 9. Denied. 10. Denied. 11. Admitted that MediaTek USA seeks a declaratory judgment of non-infringement. Otherwise denied. SECOND COUNTERCLAIM (Alleged Invalidity of the '293 Patent) 12. American Patents hereby repeats and re-alleges the admissions and denials contained in paragraphs 1-11 above. Any allegation not specifically admitted is denied. 13. Admitted that American Patents has asserted that the claims of the '293 Patent are valid. Admitted that an actual case or controversy exists between MediaTek USA and American Patents concerning whether the '293 Patent is valid and/or enforceable. Otherwise denied. 14. Denied. 15. Denied. 2 16. Admitted that MediaTek USA seeks a declaratory judgment of invalidity. Otherwise denied. THIRD COUNTERCLAIM (Alleged Non-Infringement of the '058 Patent) 17. American Patents hereby repeats and re-alleges the admissions and denials contained in paragraphs 1-16 above. Any allegation not specifically admitted is denied. 18. Admitted. 19. Denied. 20. Denied. 21. Admitted that MediaTek USA seeks a declaratory judgment of non-infringement. Otherwise denied. FOURTH COUNTERCLAIM (Alleged Invalidity of the '058 Patent) 22. American Patents hereby repeats and re-alleges the admissions and denials contained in paragraphs 1-21 above. Any allegation not specifically admitted is denied. 23. Admitted that American Patents has asserted that the claims of the '058 Patent are valid. Admitted that an actual case or controversy exists between MediaTek USA and American Patents concerning whether the '058 Patent is valid and/or enforceable. Otherwise denied. 24. Denied. 25. Denied. 26. Admitted that MediaTek USA seeks a declaratory judgment of invalidity. Otherwise denied. 3 FIFTH COUNTERCLAIM (Alleged Non-Infringement of the '720 Patent) 27. American Patents hereby repeats and re-alleges the admissions and denials contained in paragraphs 1-26 above. Any allegation not specifically admitted is denied. 28. Admitted. 29. Denied. 30. Denied. 31. Admitted that MediaTek USA seeks a declaratory judgment of non-infringement. Otherwise denied. SIXTH COUNTERCLAIM (Alleged Invalidity of the '720 Patent) 32. American Patents hereby repeats and re-alleges the admissions and denials contained in paragraphs 1-31 above. Any allegation not specifically admitted is denied. 33. Admitted that American Patents has asserted that the claims of the '720 Patent are valid. Admitted that an actual case or controversy exists between MediaTek USA and American Patents concerning whether the '720 Patent is valid and/or enforceable. Otherwise denied. 34. Denied. 35. Denied. 36. Admitted that MediaTek USA seeks a declaratory judgment of invalidity. Otherwise denied. PRAYER FOR RELIEF American Patents denies that MediaTek USA is entitled to any of the relief for which it prays. 4 JURY DEMAND American Patents demands a trial by jury on all issues so triable by right. Dated: March 25, 2019 Respectfully submitted, /s/ Catherine Bartles Catherine Bartles Texas Bar No. 24104849 cbartles@stafforddavisfirm.com Stafford Davis State Bar No. 24054605 sdavis@stafforddavisfirm.com THE STAFFORD DAVIS FIRM The People's Petroleum Building 102 North College Avenue, 13th Floor Tyler, Texas 75702 (903) 593-7000 (903) 705-7369 fax Matthew J. Antonelli (admission pending) Texas Bar No. 24068432 matt@ahtlawfirm.com Zachariah S. Harrington (admission pending) Texas Bar No. 24057886 zac@ahtlawfirm.com Larry D. Thompson, Jr. (admission pending) Texas Bar No. 24051428 larry@ahtlawfirm.com Christopher Ryan Pinckney (admission pending) Texas Bar No. 24067819 ryan@ahtlawfirm.com Michael D. Ellis Texas Bar No. 24081586 michael@ahtlawfirm.com ANTONELLI, HARRINGTON & THOMPSON LLP 4306 Yoakum Blvd., Ste. 450 Houston, TX 77006 (713) 581-3000 Attorneys for American Patents LLC 5