American Patents LLC v. Mediatek, Inc. et al

Western District of Texas, txwd-6:2018-cv-00339

ANSWER to 58 Answer to 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-339 Plaintiff, JURY TRIAL DEMANDED v. MEDIATEK INC., MEDIATEK USA INC., BROADCOM PTE. LTD., BROADCOM CORPORATION, LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO. LTD., LENOVO GROUP, LTD., NXP SEMICONDUCTORS N.V., NXP B.V., NXP USA, INC., QUALCOMM INCORPORATED and QUALCOMM TECHNOLOGIES, INC., Defendants. ANSWER TO BROADCOM CORPORATION'S COUNTERCLAIMS Plaintiff American Patents LLC ("American Patents") files this answer to the counterclaims of Broadcom Corporation ("Broadcom Corp."), 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 Broadcom Corp. seeks a declaratory judgment with respect to the validity and infringement of the asserted patents. Otherwise denied. THE PARTIES 2. Admitted that Broadcom Corp. is a California corporation with a place of business at 1320 Ridder Park Drive, San Jose, CA 95131. Otherwise denied. 3. Admitted. 4. Admitted. 5. Admitted that this court has jurisdiction over Broadcom Corp.'s Declaratory Judgment claims and subject matter jurisdiction over patent infringement and validity. Admitted that Broadcom Corp. 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 '001 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 Broadcom Corp. seeks a declaratory judgment of non-infringement. Otherwise denied. SECOND COUNTERCLAIM (Alleged Invalidity of the '001 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 '001 Patent are valid. Admitted that an actual case or controversy exists between Broadcom Corp. and American Patents concerning whether the '001 Patent is valid and/or enforceable. Otherwise denied. 2 14. Denied. 15. Denied. 16. Admitted that Broadcom Corp. seeks a declaratory judgment of invalidity. Otherwise denied. THIRD COUNTERCLAIM (Alleged Non-Infringement of the '371 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 Broadcom Corp. seeks a declaratory judgment of non-infringement. Otherwise denied. FOURTH COUNTERCLAIM (Alleged Invalidity of the '371 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 '371 Patent are valid. Admitted that an actual case or controversy exists between Broadcom Corp. and American Patents concerning whether the '371 Patent is valid and/or enforceable. Otherwise denied. 24. Denied. 25. Denied. 3 26. Admitted that Broadcom Corp. seeks a declaratory judgment of invalidity. Otherwise denied. FIFTH COUNTERCLAIM (Alleged Non-Infringement of the '716 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 Broadcom Corp. seeks a declaratory judgment of non-infringement. Otherwise denied. SIXTH COUNTERCLAIM (Alleged Invalidity of the '716 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 '716 Patent are valid. Admitted that an actual case or controversy exists between Broadcom Corp. and American Patents concerning whether the '716 Patent is valid and/or enforceable. Otherwise denied. 34. Denied. 35. Denied. 36. Admitted that Broadcom Corp. seeks a declaratory judgment of invalidity. Otherwise denied. 4 SEVENTH COUNTERCLAIM (Alleged Non-Infringement of the '938 Patent) 37. American Patents hereby repeats and re-alleges the admissions and denials contained in paragraphs 1-36 above. Any allegation not specifically admitted is denied. 38. Admitted. 39. Denied. 40. Denied. 41. Admitted that Broadcom Corp. seeks a declaratory judgment of non-infringement. Otherwise denied. EIGHTH COUNTERCLAIM (Alleged Invalidity of the '938 Patent) 42. American Patents hereby repeats and re-alleges the admissions and denials contained in paragraphs 1-41 above. Any allegation not specifically admitted is denied. 43. Admitted that American Patents has asserted that the claims of the '938 Patent are valid. Admitted that an actual case or controversy exists between Broadcom Corp. and American Patents concerning whether the '938 Patent is valid and/or enforceable. Otherwise denied. 44. Denied. 45. Denied. 46. Admitted that Broadcom Corp. seeks a declaratory judgment of invalidity. Otherwise denied. 5 PRAYER FOR RELIEF American Patents denies that Broadcom Corp. is entitled to any of the relief for which it prays. JURY DEMAND American Patents demands a trial by jury on all issues so triable by right. Dated: March 1, 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 6 (713) 581-3000 Attorneys for American Patents LLC 7