Data Scape Limited v. Dell Technologies, Inc. et al

Western District of Texas, txwd-6:2019-cv-00129

RESPONSE to [35] Answer to Complaint, Counterclaim by Data Scape Limited.

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0 UNITED STATES DISTRICT COURT IN THE WESTERN DISTRICT OF TEXAS WACO DIVISION DATA SCAPE LIMITED, C.A. No. 6:19-cv-00129-ADA Plaintiff, v. JURY TRIAL DEMANDED DELL TECHNOLOGIES INC., DELL INC., and EMC CORPORATION, Defendants. ANSWER TO DEFENDANTS' COUNTERCLAIMS 0 Data Scape Limited ("Data Scape") hereby answers the Counterclaims of Defendants Dell Technologies Inc. ("Dell Technologies"), Dell Inc., and EMC Corporation ("EMC") (collectively, "Dell" or "Defendants") as follows: PARTIES 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. JURISDICTION AND VENUE 5. Data Scape admits that the court has subject matter jurisdiction and personal jurisdiction and admits that venue is proper in the Western District of Texas. Except as expressly admitted, Data Scape denies the allegations of Paragraph 5. COUNT I DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF '581 PATENT 6. Data Scape incorporates by reference the allegations of its Complaint and its response to paragraphs 1-5 above. 7. Data Scape admits that its Complaint speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 7. 8. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 8. 9. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 9. 1 0 10. Data Scape admits that Dell seeks declaratory relief, but denies that such relief is appropriate. Except as expressly admitted, Data Scape denies the allegations of Paragraph 10. COUNT II DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF '929 PATENT 11. Data Scape incorporates by reference the allegations of its Complaint and its response to paragraphs 1-10 above. 12. Data Scape admits that its Complaint speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 12. 13. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 13. 14. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 14. 15. Data Scape admits that Dell seeks declaratory relief, but denies that such relief is appropriate. Except as expressly admitted, Data Scape denies the allegations of Paragraph 15. COUNT III DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF '537 PATENT 16. Data Scape incorporates by reference the allegations of its Complaint and its response to paragraphs 1-15 above. 17. Data Scape admits that its Complaint speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 17. 2 0 18. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 18. 19. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 19. 20. Data Scape admits that Dell seeks declaratory relief, but denies that such relief is appropriate. Except as expressly admitted, Data Scape denies the allegations of Paragraph 20. COUNT IV DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF '893 PATENT 21. Data Scape incorporates by reference the allegations of its Complaint and its response to paragraphs 1-20 above. 22. Data Scape admits that its Complaint speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 22. 23. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 23. 24. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 24. 25. Data Scape admits that Dell seeks declaratory relief, but denies that such relief is appropriate. Except as expressly admitted, Data Scape denies the allegations of Paragraph 25. 3 0 COUNT V DECLARATORY JUDGMENT OF INVALIDITY OF '581 PATENT 26. Data Scape incorporates by reference the allegations of its Complaint and its response to paragraphs 1-25 above. 27. Admitted. 28. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 28. 29. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 29. 30. Data Scape admits that Dell seeks declaratory relief, but denies that such relief is appropriate. Except as expressly admitted, Data Scape denies the allegations of Paragraph 30. COUNT VI DECLARATORY JUDGMENT OF INVALIDITY OF '929 PATENT 31. Data Scape incorporates by reference the allegations of its Complaint and its response to paragraphs 1-30 above. 32. Admitted. 33. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 33. 34. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 34. 4 0 35. Data Scape admits that Dell seeks declaratory relief, but denies that such relief is appropriate. Except as expressly admitted, Data Scape denies the allegations of Paragraph 35. COUNT VII DECLARATORY JUDGMENT OF INVALIDITY OF '537 PATENT 36. Data Scape incorporates by reference the allegations of its Complaint and its response to paragraphs 1-35 above. 37. Admitted. 38. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 38. 39. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 39. 40. Data Scape admits that Dell seeks declaratory relief, but denies that such relief is appropriate. Except as expressly admitted, Data Scape denies the allegations of Paragraph 40. COUNT VIII DECLARATORY JUDGMENT OF INVALIDITY OF '893 PATENT 41. Data Scape incorporates by reference the allegations of its Complaint and its response to paragraphs 1-40 above. 42. Admitted. 43. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 43. 5 0 44. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 44. 45. Data Scape admits that Dell's answer speaks for itself. Except as expressly admitted, Data Scape denies the allegations of Paragraph 45. COUNT IX DECLARATORY JUDGMENT OF INEQUITABLE CONDUCT OF THE '893 PATENT 46. Data Scape incorporates by reference the allegations of its Complaint and its response to paragraphs 1-46 above. 47. Data Scape admits that its Complaint speaks for itself and that the '893 Patent is enforceable. Except as expressly admitted, Data Scape denies the allegations of Paragraph 47. 48. Denied. Data Scape further incorporates by reference the contents of its concurrently filed motion to dismiss and/or strike this counterclaim and Dell's Ninth Affirmative Defense. PRAYER FOR RELIEF In response to Dell's Prayer for Relief, Data Scape denies that Dell is entitled to any relief, and in particular to any of the relief requested in paragraphs A-F of Dell's Prayer for Relief, and further requests that the Court enter such preliminary and final orders and judgments as are necessary to provide Data Scape with the following requested relief: a. A Judgment in favor of Data Scape on Dell's Counterclaims that the Asserted Patents are not invalid and are enforceable, and that Dell infringes the Asserted Patents. 6 0 b. An Order dismissing Dell's Counterclaims in their entirety and with prejudice; c. A judgment in favor of Data Scape that Dell has infringed, literally and/or under the doctrine of equivalents, the Asserted Patents. d. A judgment and order requiring Dell to pay Data Scape its damages, costs, expenses, and prejudgment and post-judgment interest for its infringement of the Asserted Patents, as provided under 35 U.S.C. § 284; e. A judgment and order requiring Dell to provide an accounting and to pay supplemental damages to Data Scape, including without limitation, prejudgment and post-judgment interest; f. A judgment and order finding that this is an exceptional case within the meaning of 35 U.S.C. § 285 and awarding to Data Scape its reasonable attorneys' fees against Dell; and g. Any and all other relief as the Court may deem appropriate and just under the circumstances. JURY DEMAND In accordance with Rule 38 of the Federal Rules of Civil Procedure, Data Scape respectfully demands a jury trial of all issues triable to a jury in this action. Dated: May 13, 2019 Respectfully submitted, /s/ Paul A. Kroeger RUSS AUGUST & KABAT Marc A. Fenster (CA SBN 181067) Email: mfenster@raklaw.com Reza Mirzaie (CA SBN 246953) Email: rmirzaie@raklaw.com Brian D. Ledahl (CA SBN 186579) 7 0 Email: bledahl@raklaw.com Paul A. Kroeger (CA SBN 229074) Email: pkroeger@raklaw.com C. Jay Chung (CA SBN 252794) Email: jchung@raklaw.com Philip X. Wang (CA SBN 262239) Email: pwang@raklaw.com 12424 Wilshire Boulevard, 12th Floor Los Angeles, California 90025 Telephone: (310) 826-7474 Facsimile: (310) 826-6991 Jose E. de la Fuente Lloyd Gosselink Rochelle & Townsend, PC 816 Congress Avenue, Suite 1900 Austin, TX 78701 Email: jdelafuente@lglawfirm.com Telephone: (512) 322-5800 Attorneys for Plaintiff Data Scape Limited 8 0 CERTIFICATE OF SERVICE The undersigned certifies that on May 13, 2019, all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system pursuant to Local Rule CV-5(b)(1). /s/ Paul A. Kroeger 9