Solas Oled Ltd. v. LG Display Co., Ltd. et al

Western District of Texas, txwd-6:2019-cv-00236

ANSWER to [43] Answer to Amended Complaint, Counterclaim [ANSWER TO LG ELECTRONICS, INC.'S COUNTERCLAIMS] by Solas OLED Ltd.

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION SOLAS OLED LTD., Plaintiff, Case No. 6:19-cv-00236-ADA v. LG DISPLAY CO., LTD., LG ELECTRONICS, INC., and SONY CORPORATION, Defendants. PLAINTIFF SOLAS OLED LTD.'S ANSWER TO DEFENDANT LG ELECTRONICS, INC.'S COUNTERCLAIMS Plaintiff Solas OLED LTD. ("Solas") hereby answers the Counterclaims of LG Electronics, Inc. ("LG") as follows: PARTIES 1. Solas lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 1 of LG's counterclaims and on that basis denies the allegations. 2. Solas admits the allegations of paragraph 2 of LG's counterclaims. JURISDICTION AND VENUE 3. Solas admits the allegations of paragraph 3 of LG's counterclaims. 4. Solas admits the allegations of paragraph 4 of LG's counterclaims. FIRST COUNTERCLAIM Declaration of Non-infringement of the '891 Patent 5. Solas restates and incorporates by reference its answers to paragraphs 1 through 4 of LG's counterclaims as if set forth fully herein. 6. Solas admits the allegations of paragraph 6 of LG's counterclaims. 7. Solas admits the allegations of paragraph 7 of LG's counterclaims. 8. Solas denies the allegations of paragraph 8 of LG's counterclaims. 9. Solas denies the allegations of paragraph 9 of LG's counterclaims. 10. Solas admits the allegations of paragraph 10 of LG's counterclaims. 11. To the extent that paragraph 11 of LG's counterclaims contains allegations apart from conclusions of law for which no answer is required, Solas denies those allegations. SECOND COUNTERCLAIM Declaration of Invalidity of the '891 Patent 12. Solas restates and incorporates by reference its answers to paragraphs 1 through 11 of LG's counterclaims as if set forth fully herein. 13. Solas admits the allegations of paragraph 13 of LG's counterclaims. 14. Solas denies the allegations of paragraph 14 of LG's counterclaims. 15. Solas denies the allegations of paragraph 15 of LG's counterclaims. 16. Solas denies the allegations of paragraph 16 of LG's counterclaims. 17. Solas admits the allegations of paragraph 17 of LG's counterclaims. 18. To the extent that paragraph 18 of LG's counterclaims contains allegations apart from conclusions of law for which no answer is required, Solas denies those allegations. THIRD COUNTERCLAIM Declaration of Non-infringement of the '068 Patent 19. Solas restates and incorporates by reference its answers to paragraphs 1 through 18 of LG's counterclaims as if set forth fully herein. 20. Solas admits the allegations of paragraph 20 of LG's counterclaims. 21. Solas admits the allegations of paragraph 21 of LG's counterclaims. 22. Solas denies the allegations of paragraph 22 of LG's counterclaims. 23. Solas denies the allegations of paragraph 23 of LG's counterclaims. 24. Solas admits the allegations of paragraph 24 of LG's counterclaims. 25. To the extent that paragraph 25 of LG's counterclaims contains allegations apart from conclusions of law for which no answer is required, Solas denies those allegations. FOURTH COUNTERCLAIM Declaration of Invalidity of the '068 Patent 26. Solas restates and incorporates by reference its answers to paragraphs 1 through 25 of LG's counterclaims as if set forth fully herein. 27. Solas admits the allegations of paragraph 27 of LG's counterclaims. 28. Solas denies the allegations of paragraph 28 of LG's counterclaims. 29. Solas denies the allegations of paragraph 29 of LG's counterclaims. 30. Solas admits the allegations of paragraph 30 of LG's counterclaims. 31. To the extent that paragraph 31 of LG's counterclaims contains allegations apart from conclusions of law for which no answer is required, Solas denies those allegations. 2 FIFTH COUNTERCLAIM Declaration of Non-infringement of the '137 Patent 32. Solas restates and incorporates by reference its answers to paragraphs 1 through 31 of LG's counterclaims as if set forth fully herein. 33. Solas admits the allegations of paragraph 33 of LG's counterclaims. 34. Solas admits the allegations of paragraph 34 of LG's counterclaims. 35. Solas denies the allegations of paragraph 35 of LG's counterclaims. 36. Solas denies the allegations of paragraph 36 of LG's counterclaims. 37. Solas admits the allegations of paragraph 37 of LG's counterclaims. 38. To the extent that paragraph 38 of LG's counterclaims contains allegations apart from conclusions of law for which no answer is required, Solas denies those allegations. SIXTH COUNTERCLAIM Declaration of Invalidity of the '137 Patent 39. Solas restates and incorporates by reference its answers to paragraphs 1 through 38 of LG's counterclaims as if set forth fully herein. 40. Solas admits the allegations of paragraph 40 of LG's counterclaims. 41. Solas denies the allegations of paragraph 41 of LG's counterclaims. 42. Solas denies the allegations of paragraph 42 of LG's counterclaims. 43. Solas admits the allegations of paragraph 43 of LG's counterclaims. 44. To the extent that paragraph 44 of LG's counterclaims contains allegations apart from conclusions of law for which no answer is required, Solas denies those allegations. PRAYER FOR RELIEF WHEREFORE, Solas prays for the following relief with respect to LG's counterclaims: A. A dismissal with prejudice of LG's counterclaims; B. An adjudication that LG is not entitled to any relief on its counterclaims, including, without limitation, any fine or damages; and 3 C. Costs and such further relief to which Solas is entitled, and which the Court deems just and equitable. DEMAND FOR JURY TRIAL Solas demands a trial by jury on all issues so triable. Dated: November 27, 2019 Respectfully submitted, /s/ Neil A. Rubin Marc Fenster (CA SB No. 181067) Reza Mirzaie (CA SB No. 246953) Neil A. Rubin (CA SB No. 181067) Kent N. Shum (CA SB No. 259189) Theresa Troupson (CA SBN 301215) RUSS AUGUST & KABAT 12424 Wilshire Boulevard 12th Floor Los Angeles, California 90025 Telephone: 310-826-7474 Facsimile: 310-826-6991 E-mail: mfenster@raklaw.com E-mail: rmirzaie@raklaw.com E-mail nrubin@raklaw.com E-mail kshum@raklaw.com E-mail ttroupson@raklaw.com 4 CERTIFICATE OF SERVICE I hereby certify that the counsel of record who are deemed to have consented to electronic service are being served on November 27, 2019 with a copy of this document via the Court's ECF system. DATED: November 27, 2019 Respectfully submitted, By: /s/ Neil A. Rubin Neil A. Rubin 5