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`KELLY M. KLAUS (State Bar No. 161091)
`kelly.klaus@mto.com
`JOHN L. SCHWAB (State Bar No. 301386)
`john.schwab@mto.com
`MICA L. MOORE (State Bar No. 321473)
`mica.moore@mto.com
`MUNGER, TOLLES & OLSON LLP
`350 South Grand Avenue
`Fiftieth Floor
`Los Angeles, California 90071-3426
`Telephone:
`(213) 683-9100
`Facsimile:
`(213) 687-3702
`
`Attorneys for Netflix, Inc.
`
`
`
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
`
` Case No. 2:21-cv-09423-TJH-GJS
`
`DEFENDANT NETFLIX, INC.’S
`ANSWER TO COMPLAINT FOR
`COPYRIGHT INFRINGEMENT
`
`Judge: Hon. Terry J. Hatter, Jr.
`
`Ctrm: 9B
`
`
`
`
`
`HOLLYWOOD INNOVATIONS GROUP,
`LLC,
`
`
`vs.
`
`NETFLIX, INC., a Delaware Corporation, ZIP
`CINEMA CO., LTD., a South Korean
`Corporation, KAKAO ENTERTAINMENT
`CORP., a South Korean Corporation,
`PERSPECTIVE PICTURES CO., LTD, a
`South Korean Corporation, and Does 1-10,
`inclusive,
`
`
`
`
`Defendants.
`
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`
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`
`
`-1-
`DEFENDANT NETFLIX, INC.’S ANSWER TO COMPLAINT
`
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`
`
`Case 2:21-cv-09423-TJH-GJS Document 98 Filed 09/08/22 Page 2 of 11 Page ID #:1122
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`Defendant NETLFIX, INC. (“Netflix”) hereby answers the Complaint in this matter as
`
`ANSWER
`
`follows:
`
`The allegations of Paragraph 1 are arguments or conclusions that do not require a
`1.
`response. To the extent a response is required, Netflix denies the allegations of Paragraph 1.
`The allegations of Paragraph 2 are arguments or conclusions that do not require a
`2.
`response. To the extent a response is required, Netflix denies the allegations of Paragraph 2.
`In response to the allegations of Paragraph 3, Netflix avers that #Saraitda
`3.
`premiered in South Korea in or around June 2020; that Netflix, with authorization, streamed
`#Saraitda, dubbed into different languages, on Netflix’s service; and that Netflix streamed
`#Saraitda dubbed into the English language with the title #Alive. The remaining allegations of
`Paragraph 3 are arguments or conclusions that do not require a response. To the extent a response
`is required, Netflix denies the remaining allegations of Paragraph 3. Except as specifically
`admitted herein, Netflix denies the allegations of Paragraph 3.
`The allegations of Paragraph 4 are arguments or conclusions that do not require a
`4.
`response. To the extent a response is required, Netflix denies the allegations of Paragraph 4.
`In response to the allegations of Paragraph 5, Netflix admits that this Court has
`5.
`subject matter jurisdiction over Plaintiff’s claim of copyright infringement. Except as specifically
`admitted herein, Netflix denies the allegations of Paragraph 5.
`In response to the allegations of Paragraph 6, Netflix denies that venue in this
`6.
`District is proper, for the reasons set forth in Netflix’s motion to dismiss. Netflix is without
`knowledge or information as to the truth of the remaining allegations of Paragraph 6 and on that
`basis denies them.
`Netflix is without knowledge or information as to the truth of the allegations in
`7.
`Paragraph 7 and on that basis denies them.
`In response to the allegations of Paragraph 8, Netflix avers that it is a Delaware
`8.
`corporation with its principal place of business in Los Gatos, California; that it operates a
`
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`DEFENDANT NETFLIX, INC.’S ANSWER TO COMPLAINT
`
`
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`
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`Case 2:21-cv-09423-TJH-GJS Document 98 Filed 09/08/22 Page 3 of 11 Page ID #:1123
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`subscription-based streaming service; and that it has millions of subscribers around the world.
`The remaining allegations of Paragraph 8 are arguments or conclusions that do not require a
`response. To the extent a response is required, Netflix denies the remaining allegations of
`Paragraph 8. Except as specifically admitted herein, Netflix denies the allegations of Paragraph 8.
`Netflix is without knowledge or information as to the truth of the allegations in
`9.
`Paragraph 9 and on that basis denies them.
`Netflix is without knowledge or information as to the truth of the allegations in
`10.
`Paragraph 10 and on that basis denies them.
`Netflix is without knowledge or information as to the truth of the allegations in
`11.
`Paragraph 11 and on that basis denies them.
`The allegations of Paragraph 12 are legal arguments or conclusions that do not
`12.
`require a response. To the extent a response is required, Netflix is without knowledge or
`information as to the truth of the allegations in Paragraph 12 and on that basis denies them.
`In response to the allegations of Paragraph 13, Netflix avers on information and
`13.
`belief that Matt Naylor is the author of the screenplay that was the basis for #Saraitda and the
`screenplay tells the story of a zombie attack on a man living in an apartment building in Seoul,
`South Korea. Netflix is without knowledge or information as to the remaining allegations of
`Paragraph 13 and on that basis denies them. Except as specifically admitted herein, Netflix denies
`the allegations of Paragraph 13.
`In response to the allegations of Paragraph 14, Netflix avers on information and
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`belief that Matt Naylor was the sole and exclusive owner of the copyright in his screenplay prior
`to July 18, 2018. Except as specifically admitted herein, Netflix denies the allegations of
`Paragraph 14.
`In response to the allegations of Paragraph 15, Netflix avers on information and
`15.
`belief that Matt Naylor entered into an agreement, dated as of July 18, 2018, with Zip Cinema Co.,
`Limited and Perspective Pictures Co., Limited. Netflix further avers that the written agreement is
`the best evidence of its contents. The remaining allegations of Paragraph 15 are legal arguments
`or conclusions that do not require a response. To the extent a response to the remaining
`
`
`
`-2-
`DEFENDANT NETFLIX, INC.’S ANSWER TO COMPLAINT
`
`
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`
`
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`
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`Case 2:21-cv-09423-TJH-GJS Document 98 Filed 09/08/22 Page 4 of 11 Page ID #:1124
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`allegations of Paragraph 15 is required, Netflix denies the remaining allegations of Paragraph 15.
`Except as specifically admitted herein, Netflix denies the allegations of Paragraph 15.
`Netflix is without knowledge or information as to the truth of the allegations in
`16.
`Paragraph 16 and on that basis denies them.
`Netflix is without knowledge or information as to the truth of the allegations in
`17.
`Paragraph 17 and on that basis denies them.
`Netflix is without knowledge or information as to the truth of the allegations in
`18.
`Paragraph 18 and on that basis denies them.
`The allegations of Paragraph 19 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix is without knowledge or information as to
`the truth of the allegations in Paragraph 19 and on that basis denies them.
`The allegations of Paragraph 20 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix is without knowledge or information as to
`the truth of the allegations in Paragraph 20 and on that basis denies them.
`The allegations of Paragraph 21 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix denies that it has any record of a deal or
`deals with Johnny Martin. Netflix is without knowledge or information as to the truth of the
`remaining allegations in Paragraph 21 and denies them on that basis.
`In response to the allegations of Paragraph 22, Netflix avers on information and
`22.
`belief that #Saraitda premiered in South Korea in or around June 2020. Netflix further avers that
`#Saraitda was released as #Alive on Netflix’s service. The remaining allegations in Paragraph 22
`are arguments or conclusions that do not require a response. To the extent a response is required,
`Netflix is without knowledge or information as to the truth of the remaining allegations and on
`that basis denies them. Except as specifically admitted herein, Netflix denies the allegations of
`Paragraph 22.
`The allegations of Paragraph 23 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix is without knowledge or information as to
`the truth of the allegations in Paragraph 23 and on that basis denies them.
`
`
`
`-3-
`DEFENDANT NETFLIX, INC.’S ANSWER TO COMPLAINT
`
`
`
`
`
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`
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`Case 2:21-cv-09423-TJH-GJS Document 98 Filed 09/08/22 Page 5 of 11 Page ID #:1125
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`The allegations of Paragraph 24 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix is without knowledge or information as to
`the truth of the allegations in Paragraph 24 and on that basis denies them.
`The allegations of Paragraph 25 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix is without knowledge or information as to
`the truth of the allegations in Paragraph 25 and on that basis denies them.
`The allegations of Paragraph 26 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix is without knowledge or information as to
`the truth of the allegations in Paragraph 26 and on that basis denies them.
`The allegations of Paragraph 27 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix is without knowledge or information as to
`the truth of the allegations in Paragraph 27 and on that basis denies them.
`In response to the allegations of Paragraph 28, Netflix avers that it acquired the
`28.
`rights to stream #Saraitda throughout the world except for Korea and mainland China and the
`rights to translate #Saraitda into all languages. Netflix further avers that it acquired those rights
`from an entity called Lotte Culture Works, Ltd., which represented, covenanted, and warranted
`that it was the possessor of the rights it granted to Netflix. On information and belief, Netflix
`avers that Lotte Culture Works, Ltd. is the successor in interest to Lotte Entertainment. Except as
`specifically admitted herein, Netflix denies the allegations of Paragraph 28.
`In response to the allegations of Paragraph 29, Netflix avers that Squid Game is a
`29.
`Korean-language television series that has streamed on the Netflix service dubbed into other
`languages, including English; that Money Heist is a Spanish-language television series that has
`streamed on the Netflix service dubbed into other languages, including English; and that Lupin is a
`French-language television series that has streamed on the Netflix service dubbed into other
`languages, including English. Netflix further avers that the three series were viewed numerous
`times on Netflix’s service, and that as of the filing of this Answer, Squid Game and Money Heist
`are among the ten most-viewed series in the history of the Netflix service. The remaining
`allegations of Paragraph 29 are arguments or conclusions that do not require a response. To the
`
`
`
`-4-
`DEFENDANT NETFLIX, INC.’S ANSWER TO COMPLAINT
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`Case 2:21-cv-09423-TJH-GJS Document 98 Filed 09/08/22 Page 6 of 11 Page ID #:1126
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`extent a response is required, Netflix denies the remaining allegations. Except as specifically
`admitted herein, Netflix denies the allegations of Paragraph 29.
`In response to the allegations of Paragraph 30, Netflix avers that the article cited at
`30.
`footnotes 2 and 3 of the Complaint is the best evidence of that article’s contents. The remainder of
`Paragraph 30 consists of arguments or conclusions that do not require a response. To the extent a
`response is required, Netflix denies the allegations. Except as specifically admitted herein, Netflix
`denies the allegations of Paragraph 30.
`In response to the allegations of Paragraph 31, Netflix avers that the article cited at
`31.
`footnotes 2 and 3 of the Complaint is the best evidence of that article’s contents. The remainder of
`Paragraph 31 consists of arguments or conclusions that do not require a response. To the extent a
`response is required, Netflix denies the allegations. Except as specifically admitted herein, Netflix
`denies the allegations of Paragraph 31.
`In response to the allegations of Paragraph 32, Netflix avers that #Saraitda began
`32.
`streaming on the Netflix service in or around September 2020. Netflix further avers that
`#Saraitda appears in English as #Alive on the Netflix service. Netflix further avers that #Saraitda
`was subtitled and dubbed in multiple languages. Except as specifically admitted herein, Netflix
`denies the allegations of Paragraph 32.
`In response to the allegations of Paragraph 33, Netflix avers that the articles cited at
`33.
`footnotes 4 and 5 of the Complaint are the best evidence of those articles’ contents. The
`remainder of Paragraph 33 consists of arguments or conclusions that do not require a response. To
`the extent a response is required, Netflix denies the allegations. Except as specifically admitted
`herein, Netflix denies the allegations of Paragraph 33.
`Netflix is without knowledge or information as to the truth of the allegations in
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`Paragraph 34 and on that basis denies them.
`The allegations of Paragraph 35 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix is without knowledge or information as to
`the truth of the allegations in Paragraph 35 and on that basis denies them.
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`-5-
`DEFENDANT NETFLIX, INC.’S ANSWER TO COMPLAINT
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`Case 2:21-cv-09423-TJH-GJS Document 98 Filed 09/08/22 Page 7 of 11 Page ID #:1127
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`The allegations of Paragraph 36 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix is without knowledge or information as to
`the truth of the allegations in Paragraph 36 and on that basis denies them.
`The allegations of Paragraph 37 are arguments or conclusions that do not require a
`37.
`response. To the extent a response is required, Netflix avers that #Saraitda was subtitled and
`dubbed in multiple languages. Except as specifically admitted herein, Netflix denies the
`allegations of Paragraph 37.
`In response to the allegations of Paragraph 38, Netflix avers that it received a letter
`38.
`dated September 18, 2020 from then-counsel for Plaintiff, and that letter is the best source of its
`contents. Netflix futher avers that it has not removed #Saraitda from its service. Except as
`specifically admitted herein, Netflix denies the allegations of Paragraph 38.
`Netflix is without knowledge or information as to the truth of the allegations in
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`Paragraph 39 and on that basis denies them.
`The allegations of Paragraph 40 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix denies the allegations.
`The allegations of Paragraph 41 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix denies the allegations.
`The allegations of Paragraph 42 are arguments or conclusions that do not require a
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`response. To the extent a response is required, Netflix avers that it tracks viewership of
`programming on its service, but otherwise denies the allegations of Paragraph 42.
`In response to Paragraph 43, Netflix avers that #Saraitda is streaming on the
`43.
`Netflix service as of the date of this Answer. Netflix denies that it is involved in a forthcoming
`television series based on #Alive. Netflix is without knowledge or information as to the truth of
`the allegation that such a series is being planned or is forthcoming, and so denies the allegation on
`that basis. Except as specifically admitted herein, Netflix denies the allegations of Paragraph 43.
`Paragraph 44 incorporates earlier allegations, so no responsive pleading is required.
`44.
`To the extent any response is required, Netflix repeats and incorporates by reference each and
`every answer contained in Paragraphs 1 through 43 above as if fully set forth herein.
`
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`-6-
`DEFENDANT NETFLIX, INC.’S ANSWER TO COMPLAINT
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`Case 2:21-cv-09423-TJH-GJS Document 98 Filed 09/08/22 Page 8 of 11 Page ID #:1128
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`The allegations of Paragraph 45 are legal arguments or conclusions as to which no
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`response is required. To the extent a response is required, Netflix is without knowledge or
`information as to the truth of the allegations in Paragraph 45 and on that basis denies them.
`The allegations of Paragraph 46 are legal arguments or conclusions as to which no
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`response is required. To the extent a response is required, Netflix denies the allegations.
`The allegations of Paragraph 47 are legal arguments or conclusions as to which no
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`response is required. To the extent a response is required, Netflix denies the allegations.
`The allegations of Paragraph 48 are legal arguments or conclusions as to which no
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`response is required. To the extent a response is required, Netflix denies the allegations.
`The allegations of Paragraph 49 are legal arguments or conclusions as to which no
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`response is required. To the extent a response is required, Netflix denies the allegations.
`The allegations of Paragraph 50 are legal arguments or conclusions as to which no
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`response is required. To the extent a response is required, Netflix denies the allegations.
`The allegations of Paragraph 51 are legal arguments or conclusions as to which no
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`response is required. To the extent a response is required, Netflix denies the allegations.
`The allegations of Paragraph 52 are legal arguments or conclusions as to which no
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`response is required. To the extent a response is required, Netflix avers that #Saraitda is
`streaming on the Netflix service as of the date of this Answer. Except as specifically admitted
`herein, Netflix denies the allegations of Paragraph 52.
`The allegations of Paragraph 53 are legal arguments or conclusions as to which no
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`response is required. To the extent a response is required, Netflix denies the allegations.
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`-7-
`DEFENDANT NETFLIX, INC.’S ANSWER TO COMPLAINT
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`Case 2:21-cv-09423-TJH-GJS Document 98 Filed 09/08/22 Page 9 of 11 Page ID #:1129
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`AFFIRMATIVE DEFENSES
`Netflix sets forth its affirmative defenses below. By enumerating the below as affirmative
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`defenses, Netflix does not concede that any such matter is an affirmative defense, as opposed to an
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`element of Plaintiff’s claim as to which Plaintiff bears the burden of proof. Netflix does not
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`assume the burden of proving any fact, issue, or element of a cause of action where such burden
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`properly belongs to Plaintiff. Moreover, nothing stated herein is intended to or shall be construed
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`as an acknowledgement that any particular issue or subject matter necessarily is relevant to
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`Plaintiff’s allegations.
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`1.
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`2.
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`3.
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`4.
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`5.
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`FIRST AFFIRMATIVE DEFENSE
`(Failure to State a Claim)
`The complaint fails to state a claim upon which relief can be granted.
`SECOND AFFIRMATIVE DEFENSE
`(Statute of Limitations)
`Plaintiff’s claims are barred, in whole or in part, by the applicable statutes of
`limitations.
`
`THIRD AFFIRMATIVE DEFENSE
`(Unclean Hands)
`Plaintiff’s claims are barred, in whole or in part, by the doctrine of unclean hands.
`FOURTH AFFIRMATIVE DEFENSE
`(Equitable Estoppel)
`Plaintiff’s claims are barred, in whole or in part, by the doctrine of equitable
`estoppel.
`
`FIFTH AFFIRMATIVE DEFENSE
`(Waiver)
`Plaintiff’s claims are barred, in whole or in part, by the doctrine of waiver.
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`-8-
`DEFENDANT NETFLIX, INC.’S ANSWER TO COMPLAINT
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`Case 2:21-cv-09423-TJH-GJS Document 98 Filed 09/08/22 Page 10 of 11 Page ID #:1130
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`6.
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`7.
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`9.
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`SIXTH AFFIRMATIVE DEFENSE
`(Innocent Infringement)
`Plaintiff’s claims are barred, in whole or in part, because, to the extent there was
`any infringement, the conduct of Netflix that is the subject of the Complaint was
`innocent and not willful.
`SEVENTH AFFIRMATIVE DEFENSE
`(License)
`Plaintiff’s claims are barred, in whole or in part, because Netflix had an express
`license to engage in the conduct that is the subject of the Complaint.
`EIGHTH AFFIRMATIVE DEFENSE
`(Implied License)
`Plaintiff’s claims are barred, in whole or in part, by the doctrine of implied license.
`NINTH AFFIRMATIVE DEFENSE
`(De Minimis Infringement)
`Plaintiff’s claims are barred, in whole or in part, because if there was any
`infringement, it was de minimis.
`TENTH AFFIRMATIVE DEFENSE
`(Failure to Join Indispensable Party or Parties)
`Plaintiff’s claims are barred, in whole or in part, because it has failed to join one or
`more indispensable parties.
`RESERVATION OF ADDITIONAL DEFENSES
`Defendants reserve the right to assert additional affirmative defenses as they
`become known through investigation or discovery.
`DEFENDANTS’ PRAYER FOR RELIEF
`WHEREFORE, Defendants pray as follows:
`
`10.
`
`11.
`
`1.
`2.
`Netflix;
`
`
`
`
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`That Plaintiff take nothing by way of its Complaint;
`That the Complaint be dismissed with prejudice and judgment entered in favor of
`
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`-9-
`DEFENDANT NETFLIX, INC.’S ANSWER TO COMPLAINT
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`Case 2:21-cv-09423-TJH-GJS Document 98 Filed 09/08/22 Page 11 of 11 Page ID #:1131
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`That Netflix be awarded its costs and expenses of suit, including reasonable
`3.
`attorneys’ fees; and
`For such other and further relief as the Court deems just and proper.
`4.
`
`
`DATED: September 8, 2022
`
`
`
`
`
`
`
`
`MUNGER, TOLLES & OLSON LLP
`
`
`
`
`/s/ Kelly M. Klaus
`KELLY M. KLAUS
`
`By:
`
`
`Attorneys for Defendants
`
`
`
`
`
`
`
`-10-
`DEFENDANT NETFLIX, INC.’S ANSWER TO COMPLAINT
`
`
`
`
`