Ixi Mobile (R&D) Ltd. et al v. Samsung Electronics Co., Ltd. et al

Exhibit 6

Northern District of California, cand-4:2015-cv-03752

Current View

Full Text

Case Case4:15-cv-03752-HSG 1:14-cv-04355-RJS Document Document173-7 24 Filed Filed 09/26/14 03/21/19Page Page1 of 1 of 1717 Gregory S. Arovas, P.C. Todd M. Friedman, P.C. James E. Marina KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022 greg.arovas@kirkland.com todd.friedman@kirkland.com james.marina@kirkland.com Telephone: (212) 446-4800 Facsimile: (212) 446-4900 Attorneys for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IXI Mobile (R&D) Ltd. and CASE NO. 14-CV-4355-RJS-DF IXI IP, LLC, ECF Case Plaintiffs, ANSWER, AFFIRMATIVE DEFENSES, - against - AND COUNTERCLAIMS Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC, Defendants. Case Case4:15-cv-03752-HSG 1:14-cv-04355-RJS Document Document173-7 24 Filed Filed 09/26/14 03/21/19Page Page2 of 2 of 1717 Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, "Samsung" or "Defendants") respond to IXI Mobile (R&D) Ltd. and IXI IP, LLC's (collectively, "IXI" or "Plaintiffs") Complaint for Patent Infringement (hereinafter "Complaint") as follows: INTRODUCTION Samsung denies all allegations in IXI's Complaint unless expressly admitted in the following paragraphs. Samsung also reserves the right to take further positions and raise additional defenses and counterclaims that may become apparent as a result of additional information discovered subsequent to filing this Answer. NATURE OF THE ACTION 1. Samsung admits that IXI purports to bring this action under the patent laws of the United States (35 U.S.C. § 100 et seq.). Samsung denies the remaining allegations in paragraph 1 of the Complaint. THE PARTIES 2. Samsung is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 2 of the Complaint. 3. Samsung is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 3 of the Complaint. 4. Samsung admits that Samsung Electronics Co., Ltd. ("SEC") is a Korean corporation with its principal offices at 129, Samsung-ro, Yeongtong-gu, Suwon-si, Gyeonggi- do, South Korea. Samsung further admits that SEC sells wireless mobile devices and related services. 2 Case Case4:15-cv-03752-HSG 1:14-cv-04355-RJS Document Document173-7 24 Filed Filed 09/26/14 03/21/19Page Page3 of 3 of 1717 5. Samsung admits that Samsung Electronics America, Inc. ("SEA") is a New York corporation with its principal place of business at 85 Challenger Road, Ridgefield Park, New Jersey 07660. Samsung further admits that SEA sells certain wireless mobile devices. Samsung denies the remaining allegations in paragraph 5 of the Complaint. 6. Samsung admits that Samsung Telecommunications America, LLC ("STA") is a Delaware limited liability company with its principal place of business at 1301 East Lookout Drive, Richardson, Texas 75081. Samsung further admits that STA sells certain wireless mobile devices. Samsung denies the remaining allegations in paragraph 6 of the complaint. 7. Samsung admits that the Complaint purports to refer to SEC, SEA, and STA collectively as "SAMSUNG." JURISDICTION AND VENUE 8. Samsung admits that, for the purpose of this action only, this Court has subject matter jurisdiction over this suit pursuant to 28 U.S.C. §§ 1331 and 1338(a). 9. Samsung admits that, for the purpose of this action only, SEA is subject to this Court's personal jurisdiction. 10. To the extent that Paragraph 10 states a legal conclusion, no response is required. Samsung otherwise denies the allegations of Paragraph 10. 11. To the extent that Paragraph 11 states a legal conclusion, no response is required. Samsung otherwise denies the allegations of Paragraph 11. BACKGROUND 12. Samsung denies the characterizations in paragraph 12 of the Complaint to the extent they seek to characterize the scope of the asserted patents or the scope of the disputed issues in this case. 3 Case Case4:15-cv-03752-HSG 1:14-cv-04355-RJS Document Document173-7 24 Filed Filed 09/26/14 03/21/19Page Page4 of 4 of 1717 13. Samsung is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 13 of the Complaint. 14. Samsung is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 14 of the Complaint. THE PATENTS-IN-SUIT 15. Samsung admits that the Complaint alleges infringement of U.S. Patent No. 7,295,532, U.S. Patent No. 7,426,398, U.S. Patent No. 7,039,033, and U.S. Patent No. 7,016,648. A. Samsung admits that United States Patent No. 7,295,532 ("the '532 patent") was issued by the United States Patent and Trademark Office on November 13, 2007; B. Samsung admits that United States Patent No. 7,426,398 ("the '398 patent") was issued by the United States Patent and Trademark Office on September 16, 2008; C. Samsung admits that United States Patent No. 7,039,033 ("the '033 patent") was issued by the United States Patent and Trademark Office on May 2, 2006; D. Samsung admits that United States Patent No. 7,016,648 ("the '648 patent") was issued by the United States Patent and Trademark Office on March 21, 2006. 16. Samsung admits that what purports to be copies of the '532 Patent, the '398 Patent, the '033 Patent, and the '648 Patent are attached to the Complaint as Exhibits A-D, respectively. SAMSUNG'S ALLEGED INFRINGEMENT 17. Samsung admits that SEC and/or STA makes outside the U.S., offers for sale, and/or sells within the U.S. and/or imports into the U.S. the Galaxy S®II, Galaxy S®III, Galaxy S®4, and Galaxy S®5, the Galaxy Note® 3, and the LTE Mobile HotSpot PRO. Samsung denies the remaining allegations in paragraph 17 of the Complaint. 4 Case Case4:15-cv-03752-HSG 1:14-cv-04355-RJS Document Document173-7 24 Filed Filed 09/26/14 03/21/19Page Page5 of 5 of 1717 18. Samsung admits that there are many U.S. patents and patent applications that may relate to the fields of mobile tethering, cellular telephony, and Internet connectivity. Samsung otherwise denies the allegations in paragraph 18 of the Complaint. FIRST COUNT FOR RELIEF (ALLEGED INFRINGEMENT OF THE '532 PATENT) 19. Samsung repeats and incorporates by reference the responses in paragraphs 1-18 as though fully set forth herein. 20. Samsung denies the allegations in paragraph 20 of the Complaint. 21. Samsung denies the allegations in paragraph 21 of the Complaint. 22. Samsung denies the allegations in paragraph 22 of the Complaint. 23. Samsung denies the allegations in paragraph 23 of the Complaint. 24. Samsung denies the allegations in paragraph 24 of the Complaint. 25. Samsung denies the allegations in paragraph 25 of the Complaint. 26. Samsung denies the allegations in paragraph 26 of the Complaint. 27. Samsung denies the allegations in paragraph 27 of the Complaint. SECOND COUNT FOR RELIEF (ALLEGED INFRINGEMENT OF THE '398 PATENT) 28. Samsung repeats and incorporates by reference the responses in paragraphs 1-27 as though fully set forth herein. 29. Samsung denies the allegations in paragraph 29 of the Complaint. 30. Samsung denies the allegations in paragraph 30 of the Complaint. 31. Samsung denies the allegations in paragraph 31 of the Complaint. 32. Samsung denies the allegations in paragraph 32 of the Complaint. 33. Samsung denies the allegations in paragraph 33 of the Complaint. 5 Case Case4:15-cv-03752-HSG 1:14-cv-04355-RJS Document Document173-7 24 Filed Filed 09/26/14 03/21/19Page Page6 of 6 of 1717 34. Samsung denies the allegations in paragraph 34 of the Complaint. 35. Samsung denies the allegations in paragraph 35 of the Complaint. 36. Samsung denies the allegations in paragraph 36 of the Complaint. THIRD COUNT FOR RELIEF (ALLEGED INFRINGEMENT OF THE '033 PATENT) 37. Samsung repeats and incorporates by reference the responses in paragraphs 1-36 as though fully set forth herein. 38. Samsung denies the allegations in paragraph 38 of the Complaint. 39. Samsung denies the allegations in paragraph 39 of the Complaint. 40. Samsung denies the allegations in paragraph 40 of the Complaint. 41. Samsung denies the allegations in paragraph 41 of the Complaint. 42. Samsung denies the allegations in paragraph 42 of the Complaint. 43. Samsung denies the allegations in paragraph 43 of the Complaint. 44. Samsung denies the allegations in paragraph 44 of the Complaint. 45. Samsung denies the allegations in paragraph 45 of the Complaint. FOURTH COUNT FOR RELIEF (ALLEGED INFRINGEMENT OF THE '648 PATENT) 46. Samsung repeats and incorporates by reference the responses in paragraphs 1-45 as though fully set forth herein. 47. Samsung denies the allegations in paragraph 47 of the Complaint. 48. Samsung denies the allegations in paragraph 48 of the Complaint. 49. Samsung denies the allegations in paragraph 49 of the Complaint. 50. Samsung denies the allegations in paragraph 50 of the Complaint. 51. Samsung denies the allegations in paragraph 51 of the Complaint. 6 Case Case4:15-cv-03752-HSG 1:14-cv-04355-RJS Document Document173-7 24 Filed Filed 09/26/14 03/21/19Page Page7 of 7 of 1717 52. Samsung denies the allegations in paragraph 52 of the Complaint. 53. Samsung denies the allegations in paragraph 53 of the Complaint. 54. Samsung denies the allegations in paragraph 54 of the Complaint. RESPONSE TO PRAYER FOR RELIEF Samsung denies that IXI is entitled to any relief. GENERAL DENIAL Samsung further denies each and every allegation contained in the Complaint to which Samsung has not specifically responded. AFFIRMATIVE AND OTHER DEFENSES Samsung asserts the following defenses in response to the allegations of IXI's Complaint, undertaking the burden of proof only as to those defenses deemed affirmative defenses by law, regardless of how such defenses are denominated herein. In addition to the defenses described below, Samsung reserve all rights to allege additional defenses that become known through the course of discovery. FIRST DEFENSE (Non-Infringement) Samsung does not infringe and has not infringed under any theory (including directly, jointly, contributorily, or by inducement) any valid and enforceable claim of U.S. Patent No. 7,295,532 ("the '532 Patent"), U.S. Patent No. 7,426,398 ("the '398 Patent"), U.S. Patent No. 7,039,033 ("the '033 Patent"), and U.S. Patent No. 7,016,648 ("the '648 Patent") ("the Asserted Patents"), either literally or under the doctrine of equivalents, willfully or otherwise. For example, and without limitation: 7 Case Case4:15-cv-03752-HSG 1:14-cv-04355-RJS Document Document173-7 24 Filed Filed 09/26/14 03/21/19Page Page8 of 8 of 1717 Samsung has not and does not directly infringe any claim of the Asserted Patents under 35 U.S.C. § 271(a) or otherwise because, for example, Samsung's products do not include each and every element of any valid claim of the Asserted Patents. Samsung has not and does not contributorily infringe any claim of the Asserted Patents under 35 U.S.C. § 271(c) because, in addition to there being no direct infringement, Samsung's products are not especially made or especially adapted for use in infringement of any valid claim of the Asserted Patents, Samsung's products are suitable for substantial noninfringing uses, and Samsung lacks any knowledge to the contrary. Samsung has not and does not actively induce others to infringe any claim of the Asserted Patents under 35 U.S.C. § 271(b) because Samsung has not actively and knowingly aided and abetted another's direct infringement, including the required knowledge and intent. SECOND DEFENSE (Invalidity) The Asserted Patents are invalid because they fail to satisfy one or more of the conditions for patentability specified in Title 35 of the United States Code, 35 U.S.C. §§ 101, 102, 103 and/or 112, including for example because each and every claim element is taught by the prior ar