Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 1 of 38 Page ID #:825
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`Ekwan E. Rhow - State Bar No. 174604
` erhow@birdmarella.com
`Grace W. Kang - State Bar No. 271260
` gkang@birdmarella.com
`A. Howard Matz - State Bar No. 55892
` hmatz@birdmarella.com
`BIRD, MARELLA, BOXER, WOLPERT, NESSIM,
`DROOKS, LINCENBERG & RHOW, P.C.
`1875 Century Park East, 23rd Floor
`Los Angeles, California 90067-2561
`Telephone: (310) 201-2100
`Facsimile: (310) 201-2110
`
`Nicholas P. Groombridge (pro hac vice)
` ngroombridge@paulweiss.com
`Jenny C. Wu (pro hac vice)
` jcwu@paulweiss.com
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`1285 Avenue of the Americas
`New York, New York 10019-6064
`Telephone: (212) 373-3000
`Facsimile: (212) 757-3990
`
`David J. Ball, Jr. (pro hac vice)
` dball@paulweiss.com
`J. Steven Baughman (pro hac vice)
` sbaughman@paulweiss.com
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`201 K Street, NW
`Washington, DC 2006-1047
`Telephone: (202) 223-7300
`Facsimile: (202) 223-7420
`
`
`Attorneys for Defendant / Counterclaim-
`Plaintiff Twitter, Inc.
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
`
` CASE NO. 2:19-cv-01444-GW (KSx)
`
`TWITTER’S ANSWER AND
`DEFENSES TO BLACKBERRY’S
`FIRST AMENDED COMPLAINT
`AND COUNTERCLAIMS
`
`
`DEMAND FOR JURY TRIAL
`
`Assigned to Hon. George H. Wu
`
`
`BLACKBERRY LIMITED, a Canadian
`corporation,
`
`Plaintiff / Counterclaim-Defendant,
`
`vs.
`
`TWITTER, INC., a Delaware
`corporation,
`
`Defendant / Counterclaim-Plaintiff.
`
`3614322.1
`
`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
`COUNTERCLAIMS
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 2 of 38 Page ID #:826
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST
`AMENDED COMPLAINT AND COUNTERCLAIMS
`Defendant Twitter, Inc. (“Twitter”) hereby files its answer and defenses
`(“Answer”) to the First Amended Complaint, Dkt. No. 36 (the “Complaint”) and
`counterclaims. Twitter denies all allegations in the Complaint, whether express or
`implied, that are not specifically admitted below. Twitter further denies that
`Plaintiff is entitled to the relief requested in the Complaint, or to any other relief.
`ANSWER TO FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`RESPONSE TO ALLEGATIONS REGARDING “SUMMARY”
`Twitter is without knowledge or information sufficient to form a belief
`1.
`as to the truth of the allegations of Paragraph 1 of the Complaint, and on that basis,
`denies them.
`Twitter is without knowledge or information sufficient to form a belief
`2.
`as to the truth of the allegations of Paragraph 2 of the Complaint, and on that basis,
`denies them.
`Twitter denies that this lawsuit involves any purportedly “valuable
`3.
`intellectual property” asserted by BlackBerry. Twitter is without knowledge or
`information sufficient to form a belief as to the truth of the remaining allegations of
`Paragraph 3 of the Complaint, and on that basis, denies them.
`Denied.
`4.
`5.
`Denied.
`6.
`Denied.
`7.
`The documents attached to the Complaint as Exhibit I speak for
`themselves, and Twitter denies the allegations therein. To the extent not expressly
`admitted herein, Twitter denies the remaining allegations of Paragraph 7 of the
`Complaint.
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`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
`COUNTERCLAIMS
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 3 of 38 Page ID #:827
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`RESPONSE TO ALLEGATIONS
`REGARDING “INTRODUCTION TO BLACKBERRY”
`Twitter is without knowledge or information sufficient to form a belief
`8.
`as to the truth of the allegations of Paragraph 8 of the Complaint, and on that basis,
`denies them.
`Twitter is without knowledge or information sufficient to form a belief
`9.
`as to the truth of the allegations of Paragraph 9 of the Complaint, and on that basis,
`denies them.
`10. Twitter is without knowledge or information sufficient to form a belief
`as to the truth of the allegations of Paragraph 10 of the Complaint, and on that basis,
`denies them.
`11. Twitter denies that this lawsuit involves any purported “innovative
`technologies” owned by BlackBerry. Twitter is without knowledge or information
`sufficient to form a belief as to the truth of the remaining allegations of Paragraph
`11 of the Complaint, and on that basis, denies them.
`12. Twitter is without knowledge or information sufficient to form a belief
`as to the truth of the allegations of Paragraph 12 of the Complaint, and on that basis,
`denies them.
`13. Twitter admits that U.S. Patent Nos. 8,676,929 (the “’929 Patent”);
`8,296,351 (the “’351 Patent”); 9,349,120 (the “’120 Patent”); 9,021,059 (the “’059
`Patent”); 8,286,089 (the “’089 Patent”); 8,572,182 (the “’182 Patent”); and
`8,825,777 (the “’777 Patent”) are listed by the US Patent and Trademark Office as
`assigned to BlackBerry Limited. Twitter admits that advertisers and mobile phone
`users in the United States and in the Central District of California use Twitter Ads
`and Twitter’s applications for iOS, Android, Windows, and web (www.twitter.com),
`but Twitter denies that it “infringes the Patents-in-Suit.” To the extent not expressly
`admitted herein, Twitter denies the remaining allegations of Paragraph 13 of the
`Complaint.
`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
`COUNTERCLAIMS
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 4 of 38 Page ID #:828
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`14. Twitter denies that Twitter has infringed any of BlackBerry’s patents or
`that it has caused BlackBerry any “harm” through any “unauthorized use of
`BlackBerry’s patented technologies.” To the extent not expressly admitted herein,
`Twitter denies the remaining allegations of Paragraph 14 of the Complaint.
`RESPONSE TO ALLEGATIONS
`REGARDING “NATURE OF THE ACTION”
`15. Twitter admits that the Complaint purports to be a complaint for patent
`infringement under 35 U.S.C. § 271, but denies that it has any merit.
`16. Denied.
`17. Paragraph 17 of the Complaint states legal conclusions and allegations
`to which no response is required. To the extent a response is required, Twitter
`admits that U.S. Patent Nos. 8,676,929; 8,296,351; 9,349,120; 9,021,059;
`8,286,089; 8,572,182; and 8,825,777 (the “’777 Patent”) are listed by the US Patent
`and Trademark Office as assigned to BlackBerry Limited. Twitter denies that any
`of the Patents-in-Suit are valid and enforceable. Twitter admits that BlackBerry’s
`Complaint requests injunctive relief and monetary damages. Twitter is without
`knowledge or information sufficient to form a belief as to the truth of the remaining
`allegations of Paragraph 17 of the Complaint, and on that basis, denies them.
`RESPONSE TO ALLEGATIONS REGARDING “THE PARTIES”
`18. Twitter admits that BlackBerry Limited alleges that it is a Canadian
`company with its principal place of business at 2200 University Avenue East,
`Waterloo, Ontario, Canada N2K 0A7. Twitter admits that U.S. Patent Nos.
`8,676,929; 8,296,351; 9,349,120; 9,021,059; 8,286,089; 8,572,182, and 8,825,777
`are listed by the US Patent and Trademark Office as assigned to BlackBerry
`Limited. Twitter is without knowledge or information sufficient to form a belief as
`to the truth of the remaining allegations of Paragraph 18 of the Complaint, and on
`that basis, denies them.
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`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 5 of 38 Page ID #:829
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`19. Twitter admits that Twitter is a Delaware corporation with a principal
`place of business at 1355 Market St. Ste. 900, San Francisco, CA 94103. Twitter
`admits that it owns and operates the website located at www.twitter.com and
`markets and makes available throughout the United States, including in this district,
`the Twitter for iOS, Android, Windows, and web (www.twitter.com) applications.
`Twitter admits that it maintains an office in Santa Monica, California. To the extent
`not expressly admitted herein, Twitter denies the allegations of Paragraph 19.
`20. Denied.
`
`RESPONSE TO ALLEGATIONS
`REGARDING “JURISDICTION AND VENUE”
`21. Twitter admits that the Complaint purports to be a complaint for patent
`infringement under 35 U.S.C. § 271, but denies that the Complaint has any merit.
`22. Twitter admits that this Court has subject-matter jurisdiction pursuant
`to 28 U.S.C. §§ 1331 and 1338(a).
`23. Twitter admits that it is subject to the personal jurisdiction of this Court
`for purposes of this lawsuit only. Twitter admits that it maintains an office in this
`district and employs over 80 individuals in the Los Angeles metropolitan area.
`Twitter admits that it owns and operates the website located at www.twitter.com and
`markets and makes available throughout the United States, including in this district,
`the Twitter for iOS, Android, Windows, and web (www.twitter.com) applications.
`Twitter denies that it “provid[es] infringing products and services.” To the extent
`not expressly admitted herein, Twitter denies the remaining allegations of Paragraph
`23 of the Complaint.
`24. Denied.
`25. Twitter admits that venue is proper in this judicial district for purposes
`of this lawsuit only. Twitter denies that it has “committed acts of infringement.” To
`the extent not expressly admitted herein, Twitter denies the remaining allegations of
`Paragraph 25 of the Complaint.
`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
`COUNTERCLAIMS
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 6 of 38 Page ID #:830
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`26. Twitter admits that it maintains an office in Santa Monica, California
`and employs personnel within this district. To the extent not expressly admitted
`herein, Twitter denies the remaining allegations of Paragraph 26 of the Complaint.
`RESPONSE TO ALLEGATIONS
`REGARDING “FACTS COMMON TO ALL CLAIMS”
`Response to Allegations
`Regarding “BlackBerry’s Innovation and Industry Recognition”
`27. Twitter denies that this lawsuit involves any purportedly “innovative,
`cutting edge technologies” owned and asserted by BlackBerry. Twitter is without
`knowledge or information sufficient to form a belief as to the truth of the remaining
`allegations of Paragraph 27 of the Complaint, and on that basis, denies them.
`28. Twitter is without knowledge or information sufficient to form a belief
`as to the truth of the allegations of Paragraph 28 of the Complaint, and on that basis,
`denies them.
`29. Twitter is without knowledge or information sufficient to form a belief
`as to the truth of the allegations of Paragraph 29 of the Complaint, and on that basis,
`denies them.
`30. Twitter is without knowledge or information sufficient to form a belief
`as to the truth of the allegations of Paragraph 30 of the Complaint, and on that basis,
`denies them.
`31. Twitter is without knowledge or information sufficient to form a belief
`as to the truth of the allegations of Paragraph 31 of the Complaint, and on that basis,
`denies them.
`32. Twitter denies that this lawsuit involves any purportedly “important
`patents” owned and asserted by BlackBerry. Twitter is without knowledge or
`information sufficient to form a belief as to the truth of the remaining allegations of
`Paragraph 32 of the Complaint, and on that basis, denies them.
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`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
`COUNTERCLAIMS
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 7 of 38 Page ID #:831
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`33. Twitter is without knowledge or information sufficient to form a belief
`as to the truth of the allegations of Paragraph 33 of the Complaint, and on that basis,
`denies them.
`34. Twitter is without knowledge or information sufficient to form a belief
`as to the truth of the allegations of Paragraph 34 of the Complaint, and on that basis,
`denies them.
`Response to Allegations Regarding “BlackBerry’s Patents”
`35. Exhibit A speaks for itself and no response is required. Moreover, no
`response is required because, on October 1, 2019, the Court ruled that the ’929
`Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice BlackBerry’s
`claims under the ’929 Patent. Accordingly, BlackBerry has no remaining claims
`under the ’929 Patent. To the extent a response is required, Twitter admits that a
`copy of the ’929 Patent was attached as Exhibit A to the Complaint and Paragraph
`35 of the Complaint accurately quotes the title and issue date of the ’929 Patent.
`36. Exhibit A speaks for itself and no response is required. Moreover, no
`response is required because, on October 1, 2019, the Court ruled that the ’929
`Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice BlackBerry’s
`claims under the ’929 Patent. Accordingly, BlackBerry has no remaining claims
`under the ’929 Patent. To the extent a response is required, Twitter admits that the
`’929 Patent states on its face that it was issued from patent application no.
`13/614,884, filed September 13, 2012, and alleges priority to U.S. Provisional Appl.
`No. 60/307,265, filed July 23, 2001.
`37. No response is required because, on October 1, 2019, the Court ruled
`that the ’929 Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice
`BlackBerry’s claims under the ’929 Patent. Accordingly, BlackBerry has no
`remaining claims under the ’929 Patent. To the extent a response is required,
`Twitter admits that the ’929 Patent is listed by the US Patent and Trademark Office
`as assigned to BlackBerry Limited. Twitter is without knowledge or information
`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
`COUNTERCLAIMS
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 8 of 38 Page ID #:832
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`sufficient to form a belief as to the truth of the remaining allegations of Paragraph
`37 of the Complaint, and on that basis, denies them.
`38. No response is required because, on October 1, 2019, the Court ruled
`that the ’929 Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice
`BlackBerry’s claims under the ’929 Patent. Accordingly, BlackBerry has no
`remaining claims under the ’929 Patent. To the extent a response is required,
`denied.
`39. Exhibit B speaks for itself and no response is required. Moreover, no
`response is required because, on October 1, 2019, the Court ruled that the ’351
`Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice BlackBerry’s
`claims under the ’351 Patent. Accordingly, BlackBerry has no remaining claims
`under the ’351 Patent. To the extent a response is required, Twitter admits that a
`copy of the ’351 Patent was attached as Exhibit B to the Complaint and Paragraph
`39 of the Complaint accurately quotes the title and issue date of the ’351 Patent.
`40. Exhibit B speaks for itself and no response is required. Moreover, no
`response is required because, on October 1, 2019, the Court ruled that the ’351
`Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice BlackBerry’s
`claims under the ’351 Patent. Accordingly, BlackBerry has no remaining claims
`under the ’351 Patent. To the extent a response is required, Twitter admits that the
`’351 Patent states on its face that it was issued from patent application no.
`12/726,405, filed March 18, 2010, and alleges priority to U.S. Provisional Appl. No.
`60/307,265, filed July 23, 2001.
`41. No response is required because, on October 1, 2019, the Court ruled
`that the ’351 Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice
`BlackBerry’s claims under the ’351 Patent. Accordingly, BlackBerry has no
`remaining claims under the ’351 Patent. To the extent a response is required,
`Twitter admits that the ’351 Patent is listed by the US Patent and Trademark Office
`as assigned to BlackBerry Limited. Twitter is without knowledge or information
`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 9 of 38 Page ID #:833
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`sufficient to form a belief as to the truth of the remaining allegations of Paragraph
`41 of the Complaint, and on that basis, denies them.
`42. No response is required because, on October 1, 2019, the Court ruled
`that the ’351 Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice
`BlackBerry’s claims under the ’351 Patent. Accordingly, BlackBerry has no
`remaining claims under the ’351 Patent. To the extent a response is required,
`denied.
`43. Exhibit C speaks for itself and no response is required. To the extent a
`response is required, Twitter admits that a copy of the ’120 Patent was attached as
`Exhibit C to the Complaint and Paragraph 43 of the Complaint accurately quotes the
`title and issue date of the ’120 Patent.
`44. Exhibit C speaks for itself and no response is required. To the extent a
`response is required, Twitter admits that the ’120 Patent states on its face that it was
`issued from patent application no. 12/713,577, filed February 26, 2010, and alleges
`priority to, inter alia, U.S. Provisional Appl. No. 61/167,542, filed April 8, 2009.
`45. Twitter admits that the ’120 Patent is listed by the US Patent and
`Trademark Office as assigned to BlackBerry Limited. Twitter is without knowledge
`or information sufficient to form a belief as to the truth of the allegations of
`Paragraph 45 of the Complaint, and on that basis, denies them.
`46. Denied.
`47. Exhibit D speaks for itself and no response is required. To the extent a
`response is required, Twitter admits that a copy of the ’059 Patent was attached as
`Exhibit D to the Complaint and that Paragraph 47 of the Complaint accurately
`quotes the title and issue date of the ’059 Patent.
`48. Exhibit D speaks for itself and no response is required. To the extent a
`response is required, Twitter admits that the ’059 Patent states on its face that it was
`issued from patent application no. 13/301,006, filed November 21, 2011, and alleges
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`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 10 of 38 Page ID #:834
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`to be a continuation of U.S. Patent Application No. 112/394,994, filed February 27,
`2009, which issued as U.S. Patent No. 8,065,351.
`49. Twitter admits that the ’059 Patent is listed by the US Patent and
`Trademark Office as assigned to BlackBerry Limited. Twitter is without knowledge
`or information sufficient to form a belief as to the truth of the allegations of
`Paragraph 49 of the Complaint, and on that basis, denies them.
`50. Denied.
`51. Exhibit E speaks for itself and no response is required. To the extent a
`response is required, Twitter admits that a copy of the ’089 Patent was attached as
`Exhibit E to the Complaint and Paragraph 51 of the Complaint accurately quotes the
`title and issue date of the ’089 Patent.
`52. Exhibit E speaks for itself and no response is required. To the extent a
`response is required, Twitter admits that the ’059 Patent states on its face that it was
`issued from patent application no. 11/320,980, filed December 30, 2005.
`53. Twitter admits that the ’089 Patent is listed by the US Patent and
`Trademark Office as assigned to BlackBerry Limited. Twitter is without knowledge
`or information sufficient to form a belief as to the truth of the allegations of
`Paragraph 53 of the Complaint, and on that basis, denies them.
`54. Denied.
`55. Exhibit F speaks for itself and no response is required. Moreover, no
`response is required because, on October 1, 2019, the Court ruled that the ’182
`Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice BlackBerry’s
`claims under the ’182 Patent. Accordingly, BlackBerry has no remaining claims
`under the ’182 Patent. To the extent a response is required, Twitter admits that a
`copy of the ’182 Patent was attached as Exhibit F to the Complaint and that
`Paragraph 55 of the Complaint accurately quotes the tile and issue date of the ’182
`Patent.
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`3614322.1
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 11 of 38 Page ID #:835
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`56. Exhibit F speaks for itself and no response is required. Moreover, no
`response is required because, on October 1, 2019, the Court ruled that the ’182
`Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice BlackBerry’s
`claims under the ’182 Patent. Accordingly, BlackBerry has no remaining claims
`under the ’182 Patent. To the extent a response answer is required, Twitter admits
`that the ’182 Patent states on its face that it was issued from patent application no.
`11/459,047, filed July 21, 2006.
`57. No response is required because, on October 1, 2019, the Court ruled
`that the ’182 Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice
`BlackBerry’s claims under the ’182 Patent. Accordingly, BlackBerry has no
`remaining claims under the ’182 Patent. To the extent a response is required,
`Twitter admits that the ’182 Patent is listed by the US Patent and Trademark Office
`as assigned to BlackBerry Limited. Twitter is without knowledge or information
`sufficient to form a belief as to the truth of the allegations of Paragraph 57 of the
`Complaint, and on that basis, denies them.
`58. No response is required because, on October 1, 2019, the Court ruled
`that the ’182 Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice
`BlackBerry’s claims under the ’182 Patent. Accordingly, BlackBerry has no
`remaining claims under the ’182 Patent. To the extent a response is required,
`denied.
`59. Exhibit G speaks for itself and no response is required. Moreover, no
`response is required because, on October 1, 2019, the Court ruled that the ’777
`Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice BlackBerry’s
`claims under the ’777 Patent. Accordingly, BlackBerry has no remaining claims
`under the ’777 Patent. To the extent a response is required, Twitter admits a copy of
`the ’777 Patent was attached as Exhibit F to the Complaint and Paragraph 59 of the
`Complaint accurately quotes the title and issue date of the ’777 Patent.
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`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
`COUNTERCLAIMS
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 12 of 38 Page ID #:836
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`60. Exhibit G speaks for itself and no response is required. Moreover, no
`response is required because, on October 1, 2019, the Court ruled that the ’777
`Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice BlackBerry’s
`claims under the ’777 Patent. Accordingly, BlackBerry has no remaining claims
`under the ’777 Patent. To the extent a response is required, Twitter admits that the
`’777 Patent states on its face that it was issued from patent application no.
`13/253,252, filed October 5, 2011.
`61. No response is required because, on October 1, 2019, the Court ruled
`that the ’777 Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice
`BlackBerry’s claims under the ’777 Patent. Accordingly, BlackBerry has no
`remaining claims under the ’777 Patent. To the extent a response is required,
`Twitter admits that the ’777 Patent is listed by the US Patent and Trademark Office
`as assigned to BlackBerry Limited. Twitter is without knowledge or information
`sufficient to form a belief as to the truth of the allegations of Paragraph 61 of the
`Complaint, and on that basis, denies them.
`62. No response is required because, on October 1, 2019, the Court ruled
`that the ’777 Patent is invalid under 35 U.S.C. § 101 and dismissed with prejudice
`BlackBerry’s claims under the ’777 Patent. Accordingly, BlackBerry has no
`remaining claims under the ’777 Patent. To the extent a response is required,
`denied.
`
`Response to Allegations
`Regarding “Defendant’s Use of BlackBerry’s Patented Technologies”
`63. Twitter admits that Twitter applications for iPhone and Android
`devices were available in 2010. Twitter admits that it made Promoted Tweets
`available in or around April 2010. Twitter admits that it made a “Quality filter”
`available in around 2016. Twitter is without knowledge or information sufficient to
`form a belief as to the truth of the remaining allegations of Paragraph 63 of the
`Complaint, and on that basis, denies them.
`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 13 of 38 Page ID #:837
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`64. Twitter denies that this lawsuit involves any purported inventions
`owned and asserted by BlackBerry. Twitter is without knowledge or information
`sufficient to form a belief as to the truth of the remaining allegations of Paragraph
`64 of the Complaint, and on that basis, denies them.
`65. Denied.
`66. Denied.
`67. Twitter admits that the Twitter applications for iOS, Android,
`Windows, and the web (www.twitter.com) and Twitter Ads are products and
`services that Twitter offers in the US. Twitter denies any remaining allegations of
`Paragraph 67 of the Complaint.
`68. Denied.
`69. Denied.
`
`RESPONSE TO
`“COUNT I: INFRINGEMENT OF U.S. PATENT NO. 8,676,929”
`70-82.
`On October 1, 2019, the Court ruled that the ’929 Patent is
`invalid under 35 U.S.C. § 101 and dismissed with prejudice BlackBerry’s claims
`under the ’929 Patent. Accordingly, BlackBerry has no remaining claims under the
`’929 Patent and it is unnecessary for Twitter to respond to any of the allegations
`regarding the ’929 Patent in Paragraphs 70-82 of the Complaint.
`RESPONSE TO
`“COUNT II: INFRINGEMENT OF U.S. PATENT NO. 8,296,351”
`83-98.
`On October 1, 2019, the Court ruled that the ’351 Patent is
`invalid under 35 U.S.C. § 101 and dismissed with prejudice BlackBerry’s claims
`under the ’351 Patent. Accordingly, BlackBerry has no remaining claims under the
`’351 Patent and it is unnecessary for Twitter to respond to any allegations regarding
`the ’351 Patent in Paragraphs 83-98 of the Complaint.
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`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 14 of 38 Page ID #:838
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`RESPONSE TO
`“COUNT III: INFRINGEMENT OF U.S. PATENT NO. 9,349,120”
`99. Twitter incorporates by reference and re-alleges all of the foregoing
`paragraphs of this Answer as if fully set forth herein.
`Response to Allegations Regarding “The ’120 Patent”
`100. Twitter admits that Paragraph 100 of the Complaint quotes from the
`’120 Patent, which speaks for itself such that no response is necessary. To the
`extent not expressly admitted herein, Twitter denies the allegations of Paragraph 100
`of the Complaint.
`101. Twitter admits that Paragraph 101 quotes from the ’120 Patent, which
`speaks for itself such that no response is necessary. To the extent not expressly
`admitted herein, Twitter denies the allegations of Paragraph 101 of the Complaint.
`102. Twitter admits that Paragraph 102 of the Complaint quotes from the
`’120 Patent, which speaks for itself such that no response is necessary. To the
`extent not expressly admitted herein, Twitter denies the allegations of Paragraph 102
`of the Complaint.
`103. Twitter admits that Paragraph 103 of the Complaint quotes from the
`’120 Patent, which speaks for itself such that no response is necessary. To the
`extent not expressly admitted herein, Twitter denies the allegations of Paragraph 103
`of the Complaint.
`104. Twitter admits that Paragraph 104 of the Complaint quotes claim 13 of
`the ’120 Patent, which speaks for itself such that no response is necessary.
`Response to Allegations
`That “The Inventions Claimed in the ’120 Patent Were Not
`Well-Understood, Routine, or Conventional”
`105. Denied.
`106. Twitter denies that this lawsuit involves any purported inventions
`owned and asserted by BlackBerry. Twitter is without knowledge or information
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 15 of 38 Page ID #:839
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`sufficient to form a belief as to the truth of the remaining allegations of Paragraph
`106 of the Complaint, and on that basis, denies them.
`107. Denied.
`108. Denied.
`109. Twitter admits that Paragraph 105 of the Complaint refers to claim
`terms of the ’120 Patent. Twitter denies that the ’120 Patent claims are directed to a
`problem rooted in a “technical context.” To the extent not expressly admitted,
`Twitter denies the allegations of Paragraph 109 of the Complaint.
`110. Denied.
`
`Response to “’120 Patent Allegations”
`
`111. Denied.
`112. Denied.
`113. Denied.
`114. Denied.
`115. The documents attached to the Complaint as Exhibit I speak for
`themselves, and Twitter denies the allegations therein. Twitter admits that it has
`released new versions of the iOS Twitter application since June 7, 2017, but Twitter
`denies that it has committed or is committing any infringement of the ’120 Patent.
`Twitter denies that any of Twitter’s products include “infringing functionality.”
`Twitter denies that “it acted egregiously and willfully.” To the extent not expressly
`admitted herein, Twitter denies the allegations of Paragraph 115 of the Complaint.
`116. Denied.
`117. Twitter admits that there are instructions for using its products on its
`website. Twitter denies that any of its products infringe any of the asserted patents
`or are used in an infringing manner by anyone. Twitter denies that it provides the
`accused products “so that [] customers will use the ’120 Accused Products in an
`infringing manner.” To the extent not expressly admitted herein, Twitter denies the
`allegations of Paragraph 117 of the Complaint.
`3614322.1
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`TWITTER’S ANSWER AND DEFENSES TO BLACKBERRY’S FIRST AMENDED COMPLAINT AND
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`Case 2:19-cv-01444-GW-KS Document 54 Filed 10/31/19 Page 16 of 38 Page ID #:840
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`118. Denied.
`119. Denied.
`120. Denied.
`121. Denied.
`122. Denied.
`123. Denied.
`124. Twitter denies that any of its activities constitute infringement of the
`’120 Patent. Twitter denies any wrongdoing, denies that the claims against Twitter
`have any merit, and denies that BlackBerry is entitled to relief of any kind. To the
`extent not expressly admitted herein, Twitter denies the remaining allegations of
`Paragraph 124 of the Complaint.
`
`RESPONSE TO
`“COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 9,021,059”
`125.