Case 3:16-cv-02068-DMS-WVG Document 17 Filed 10/03/16 PageID.1356 Page 1 of 55
`
`
`Stephen C. Jensen (SBN 149,894)
`steve.jensen@knobbe.com
`Joseph F. Jennings (SBN 145,920)
`joe.jennings@knobbe.com
`Sheila N. Swaroop (SBN 203,476)
`sheila.swaroop@knobbe.com
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Telephone: (949) 760-0404
`Facsimile: (949) 760-9502
`
`Attorneys for Plaintiff/Counterdefendants,
`FISHER & PAYKEL HEALTHCARE
`LIMITED, FISHER AND PAYKEL
`HEALTHCARE INC, and FISHER &
`PAYKEL HEALTHCARE DISTRIBUTION INC.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
`
`FISHER & PAYKEL HEALTHCARE
`LIMITED, a New Zealand corporation,
`
`Plaintiff,
`
`Case No. 16-cv-02068 DMS WVG
`
`
`FISHER & PAYKEL
`HEALTHCARE LIMITED,
`FISHER & PAYKEL
`HEALTHCARE, INC., AND
`FISHER & PAYKEL
`HEALTHCARE
`DISTRIBUTION INC.’S
`ANSWER TO
`COUNTERCLAIMS AND
`COUNTERCLAIMS TO THE
`COUNTERCLAIMS
`
`DEMAND FOR JURY TRIAL
`
`
`)))))))))))))))))))))))))))))
`
`v.
`RESMED CORP, a Minnesota
`corporation,
`Defendant.
`
`
`RESMED INC., a Delaware corporation,
`RESMED CORP, a Minnesota
`corporation, and RESMED LTD, an
`Australian corporation,
`
`
`
`Counterclaimants,
`
`v.
`FISHER & PAYKEL HEALTHCARE
`CORPORATION LIMITED, a New
`Zealand corporation, FISHER &
`PAYKEL HEALTHCARE LIMITED, a
`New Zealand corporation, FISHER &
`PAYKEL HEALTHCARE, INC., a
`Californina corporation, and FISHER &
`PAYKEL HEALTHCARE
`DISTRIBUTION INC., a California
`corporation,
`
`
`
`
`Counterdefendants.
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`Case 3:16-cv-02068-DMS-WVG Document 17 Filed 10/03/16 PageID.1357 Page 2 of 55
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`Counterclaim Defendants Fisher & Paykel Healthcare Limited, Fisher &
`Paykel Healthcare, Inc., and Fisher & Paykel Healthcare Distribution Inc.
`(collectively “F&P”) hereby respond to and answer the Counterclaim of
`ResMed Inc., ResMed Corp, and ResMed Ltd (collectively “ResMed”) as
`follows:
`
`I. PARTIES
`1.
`On information and belief, F&P admits the allegations in Paragraph
`1 of the Counterclaim.
`2.
`On information and belief, F&P admits the allegations in Paragraph
`2 of the Counterclaim.
`3.
`On information and belief, F&P admits the allegations in Paragraph
`3 of the Counterclaim.
`4.
`F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 4 of the Counterclaim and, therefore,
`denies those allegations.
`5.
`F&P admits the allegations in Paragraph 5 of the Counterclaim.
`6.
`F&P admits the allegations in Paragraph 6 of the Counterclaim.
`7.
`F&P admits the allegations in Paragraph 7 of the Counterclaim.
`8.
`F&P admits the allegations in Paragraph 8 of the Counterclaim.
`9.
`F&P admits that Fisher & Paykel Healthcare Inc. is a corporation
`organized and existing under the laws of the state of California. F&P denies the
`remaining allegations in Paragraph 9 of the Counterclaim.
`10. F&P admits the allegations in Paragraph 10 of the Counterclaim.
`11. F&P admits that Fisher & Paykel Healthcare Distribution Inc. is a
`corporation organized and existing under the laws of the state of California.
`F&P denies the remaining allegations in Paragraph 11 of the Counterclaim.
`12. F&P denies the allegations in Paragraph 12 of the Counterclaim.
`
`/ / /
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`Case 3:16-cv-02068-DMS-WVG Document 17 Filed 10/03/16 PageID.1358 Page 3 of 55
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`II. JURISDICTION AND VENUE
`13. F&P admits that RedMed’s Counterclaim purports to allege an
`action for patent infringement arising under the patent laws of the United States,
`35 U.S.C. §§ 100, et seq., including, 35 U.S.C. §§ 271 and 281. F&P denies the
`remaining allegations in Paragraph 13 of the Counterclaim.
`14. F&P admits that this Court has subject matter jurisdiction over the
`causes of action asserted in the Counterclaim, but denies that there is any factual
`or legal basis for ResMed’s claims.
`15. F&P admits that venue is proper in this district and that Fisher &
`Paykel Healthcare Limited has sued ResMed Corp in this judicial district. F&P
`denies the remaining allegations in Paragraph 15 of the Counterclaim.
`16. Fisher & Paykel Healthcare Limited, Fisher & Paykel Healthcare,
`Inc., and Fisher & Paykel Healthcare Distribution Inc. admit they are subject to
`personal jurisdiction in California for the claims alleged and that Fisher &
`Paykel Healthcare, Inc. and Fisher & Paykel Healthcare Distribution Inc. are
`residents of California. F&P denies the remaining allegations in Paragraph 16
`of the Counterclaim.
`III. RESMED’S COUNTERCLAIMS OF INVALIDITY AND
`NONINFRINGEMENT
`FIRST CLAIM FOR RELIEF
`17.
`In response to Paragraph 17 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 16 of the
`Counterclaim as though fully set forth herein.
`18. F&P admits the allegations in Paragraph 18 of the Counterclaim.
`19. F&P admits the allegations of Paragraph 19 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 19 of the Counterclaim.
`/ / /
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`20. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’807 Patent. F&P denies the remaining allegations
`in Paragraph 20 of the Counterclaim.
`21. F&P denies the allegations in Paragraph 21 of the Counterclaim.
`22. F&P denies the allegations in Paragraph 22 of the Counterclaim.
`SECOND CLAIM FOR RELIEF
`23.
`In response to Paragraph 23 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 22 of the
`Counterclaim as though fully set forth herein.
`24. F&P admits the allegations in Paragraph 24 of the Counterclaim.
`25. F&P admits the allegations of Paragraph 25 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 25 of the Counterclaim.
`26. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’807 Patent. F&P denies the remaining allegations
`in Paragraph 26 of the Counterclaim.
`27. F&P denies the allegations in Paragraph 27 of the Counterclaim.
`28. F&P denies the allegations in Paragraph 28 of the Counterclaim.
`THIRD CLAIM FOR RELIEF
`29.
`In response to Paragraph 29 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 28 of the
`Counterclaim as though fully set forth herein.
`30. F&P admits the allegations in Paragraph 30 of the Counterclaim.
`31. F&P admits the allegations of Paragraph 31 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 31 of the Counterclaim.
`
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`Case 3:16-cv-02068-DMS-WVG Document 17 Filed 10/03/16 PageID.1360 Page 5 of 55
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`32. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’741 Patent. F&P denies the remaining allegations
`in Paragraph 32 of the Counterclaim.
`33. F&P denies the allegations in Paragraph 33 of the Counterclaim.
`34. F&P denies the allegations in Paragraph 34 of the Counterclaim.
`FOURTH CLAIM FOR RELIEF
`35.
`In response to Paragraph 35 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 34 of the
`Counterclaim as though fully set forth herein.
`36. F&P admits the allegations in Paragraph 36 of the Counterclaim.
`37. F&P admits the allegations of Paragraph 37 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 37 of the Counterclaim.
`38. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’741 Patent. F&P denies the remaining allegations
`in Paragraph 38 of the Counterclaim.
`39. F&P denies the allegations in Paragraph 39 of the Counterclaim.
`40. F&P denies the allegations in Paragraph 40 of the Counterclaim.
`FIFTH CLAIM FOR RELIEF
`41.
`In response to Paragraph 41 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 40 of the
`Counterclaim as though fully set forth herein.
`42. F&P admits the allegations in Paragraph 42 of the Counterclaim.
`43. F&P admits the allegations of Paragraph 43 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 43 of the Counterclaim.
`
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`44. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’345 Patent. F&P denies the remaining allegations
`in Paragraph 44 of the Counterclaim.
`45. F&P denies the allegations in Paragraph 45 of the Counterclaim.
`46. F&P denies the allegations in Paragraph 46 of the Counterclaim.
`SIXTH CLAIM FOR RELIEF
`47.
`In response to Paragraph 47 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 46 of the
`Counterclaim as though fully set forth herein.
`48. F&P admits the allegations in Paragraph 48 of the Counterclaim.
`49. F&P admits the allegations of Paragraph 49 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 49 of the Counterclaim.
`50. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’345 Patent. F&P denies the remaining allegations
`in Paragraph 50 of the Counterclaim.
`51. F&P denies the allegations in Paragraph 51 of the Counterclaim.
`52. F&P denies the allegations in Paragraph 52 of the Counterclaim.
`SEVENTH CLAIM FOR RELIEF
`53.
`In response to Paragraph 53 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 52 of the
`Counterclaim as though fully set forth herein.
`54. F&P admits the allegations in Paragraph 54 of the Counterclaim.
`55. F&P admits the allegations of Paragraph 55 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 55 of the Counterclaim.
`
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`56. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’641 Patent. F&P denies the remaining allegations
`in Paragraph 56 of the Counterclaim.
`57. F&P denies the allegations in Paragraph 57 of the Counterclaim.
`58. F&P denies the allegations in Paragraph 58 of the Counterclaim.
`EIGHTH CLAIM FOR RELIEF
`59.
`In response to Paragraph 59 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 58 of the
`Counterclaim as though fully set forth herein.
`60. F&P admits the allegations in Paragraph 60 of the Counterclaim.
`61. F&P admits the allegations of Paragraph 61 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 61 of the Counterclaim.
`62. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’641 Patent. F&P denies the remaining allegations
`in Paragraph 62 of the Counterclaim.
`63. F&P denies the allegations in Paragraph 63 of the Counterclaim.
`64. F&P denies the allegations in Paragraph 64 of the Counterclaim.
`NINTH CLAIM FOR RELIEF
`65.
`In response to Paragraph 65 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 64 of the
`Counterclaim as though fully set forth herein.
`66. F&P admits the allegations in Paragraph 66 of the Counterclaim.
`67. F&P admits the allegations of Paragraph 67 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 67 of the Counterclaim.
`
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`68. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’902 Patent. F&P denies the remaining allegations
`in Paragraph 68 of the Counterclaim.
`69. F&P denies the allegations in Paragraph 69 of the Counterclaim.
`70. F&P denies the allegations in Paragraph 70 of the Counterclaim.
`TENTH CLAIM FOR RELIEF
`71.
`In response to Paragraph 71 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 70 of the
`Counterclaim as though fully set forth herein.
`72. F&P admits the allegations in Paragraph 72 of the Counterclaim.
`73. F&P admits the allegations of Paragraph 73 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 73 of the Counterclaim.
`74. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’902 Patent. F&P denies the remaining allegations
`in Paragraph 74 of the Counterclaim.
`75. F&P denies the allegations in Paragraph 75 of the Counterclaim.
`76. F&P denies the allegations in Paragraph 76 of the Counterclaim.
`ELEVENTH CLAIM FOR RELIEF
`77.
`In response to Paragraph 77 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 76 of the
`Counterclaim as though fully set forth herein.
`78. F&P admits the allegations in Paragraph 78 of the Counterclaim.
`79. F&P admits the allegations of Paragraph 79 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 79 of the Counterclaim.
`
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`80. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’072 Patent. F&P denies the remaining allegations
`in Paragraph 80 of the Counterclaim.
`81. F&P denies the allegations in Paragraph 81 of the Counterclaim.
`82. F&P denies the allegations in Paragraph 82 of the Counterclaim.
`TWELFTH CLAIM FOR RELIEF
`83.
`In response to Paragraph 83 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 82 of the
`Counterclaim as though fully set forth herein.
`84. F&P admits the allegations in Paragraph 84 of the Counterclaim.
`85. F&P admits the allegations of Paragraph 85 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 85 of the Counterclaim.
`86. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’072 Patent. F&P denies the remaining allegations
`in Paragraph 86 of the Counterclaim.
`87. F&P denies the allegations in Paragraph 87 of the Counterclaim.
`88. F&P denies the allegations in Paragraph 88 of the Counterclaim.
`THIRTEENTH CLAIM FOR RELIEF
`89.
`In response to Paragraph 89 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 88 of the
`Counterclaim as though fully set forth herein.
`90. F&P admits the allegations in Paragraph 90 of the Counterclaim.
`91. F&P admits the allegations of Paragraph 91 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 91 of the Counterclaim.
`
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`92. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’547 Patent. F&P denies the remaining allegations
`in Paragraph 92 of the Counterclaim.
`93. F&P denies the allegations in Paragraph 93 of the Counterclaim.
`94. F&P denies the allegations in Paragraph 94 of the Counterclaim.
`FOURTEENTH CLAIM FOR RELIEF
`95.
`In response to Paragraph 95 of the Counterclaim, F&P incorporates
`by reference its answers to the allegations in Paragraphs 1 through 94 of the
`Counterclaim as though fully set forth herein.
`96. F&P admits the allegations in Paragraph 96 of the Counterclaim.
`97. F&P admits the allegations of Paragraph 97 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 97 of the Counterclaim.
`98. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’547 Patent. F&P denies the remaining allegations
`in Paragraph 98 of the Counterclaim.
`99. F&P denies the allegations in Paragraph 99 of the Counterclaim.
`100. F&P denies the allegations in Paragraph 100 of the Counterclaim.
`FIFTEENTH CLAIM FOR RELIEF
`101. In response
`to Paragraph 101 of
`the Counterclaim, F&P
`incorporates by reference its answers to the allegations in Paragraphs 1 through
`100 of the Counterclaim as though fully set forth herein.
`102. F&P admits the allegations in Paragraph 102 of the Counterclaim.
`103. F&P admits the allegations of Paragraph 103 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 103 of the Counterclaim.
`
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`104. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’624 Patent. F&P denies the remaining allegations
`in Paragraph 104 of the Counterclaim.
`105. F&P denies the allegations in Paragraph 105 of the Counterclaim.
`106. F&P denies the allegations in Paragraph 106 of the Counterclaim.
`SIXTEENTH CLAIM FOR RELIEF
`107. In response
`to Paragraph 107 of
`the Counterclaim, F&P
`incorporates by reference its answers to the allegations in Paragraphs 1 through
`106 of the Counterclaim as though fully set forth herein.
`108. F&P admits the allegations in Paragraph 108 of the Counterclaim.
`109. F&P admits the allegations of Paragraph 109 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 109 of the Counterclaim.
`110. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’624 Patent. F&P denies the remaining allegations
`in Paragraph 110 of the Counterclaim.
`111. F&P denies the allegations in Paragraph 111 of the Counterclaim.
`112. F&P denies the allegations in Paragraph 112 of the Counterclaim.
`SEVENTEENTH CLAIM FOR RELIEF
`113. In response
`to Paragraph 113 of
`the Counterclaim, F&P
`incorporates by reference its answers to the allegations in Paragraphs 1 through
`112 of the Counterclaim as though fully set forth herein.
`114. F&P admits the allegations in Paragraph 114 of the Counterclaim.
`115. F&P admits the allegations of Paragraph 115 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 115 of the Counterclaim.
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`116. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’197 Patent. F&P denies the remaining allegations
`in Paragraph 116 of the Counterclaim.
`117. F&P denies the allegations in Paragraph 117 of the Counterclaim.
`118. F&P denies the allegations in Paragraph 118 of the Counterclaim.
`EIGHTEENTH CLAIM FOR RELIEF
`119. In response
`to Paragraph 119 of
`the Counterclaim, F&P
`incorporates by reference its answers to the allegations in Paragraphs 1 through
`118 of the Counterclaim as though fully set forth herein.
`120. F&P admits the allegations in Paragraph 120 of the Counterclaim.
`121. F&P admits the allegations of Paragraph 121 as to Fisher & Paykel
`Healthcare Limited and ResMed Corp. F&P denies the remaining allegations in
`Paragraph 121 of the Counterclaim.
`122. Fisher & Paykel Healthcare Limited admits that it has alleged that
`ResMed Corp has directly infringed, contributed to infringement of, and
`induced infringement of the ’197 Patent. F&P denies the remaining allegations
`in Paragraph 122 of the Counterclaim.
`123. F&P denies the allegations in Paragraph 123 of the Counterclaim.
`124. F&P denies the allegations in Paragraph 124 of the Counterclaim.
`IV. RESMED’S COUNTERCLAIMS OF INFRINGEMENT
`125. F&P admits that U.S. Patent No. 8,944,061 (“the ’061 patent”) is
`entitled “Cushion to Frame Assembly Mechanism,” and that it was issued on
`February 3, 2015. F&P lacks knowledge or information sufficient to form a
`belief as to whether ResMed Ltd is the owner by assignment of all right, title,
`and interest in and to the ’061 Patent, and, therefore, denies that allegation.
`F&P denies the remaining allegations in Paragraph 125.
`/ / /
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`126. F&P admits that a copy of the ’061 patent is attached to the
`Counterclaim as Exhibit A. F&P denies the remaining allegations in
`Paragraph 126 of the Counterclaim.
`127. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 127 of the Counterclaim and,
`therefore, denies those allegations.
`128. F&P admits that U.S. Patent No. 8,950,404 (“the ’404 patent”) is
`entitled “Headgear For Masks,” and that it was issued on February 10, 2015.
`F&P lacks knowledge or information sufficient to form a belief as to whether
`ResMed Ltd is the owner by assignment of all right, title, and interest in and to
`the ’404 Patent, and, therefore, denies that allegation. F&P denies the
`remaining allegations in Paragraph 128.
`129. F&P admits that a copy of the ’404 patent is attached to the
`Counterclaim as Exhibit B. F&P denies the remaining allegations in
`Paragraph 129 of the Counterclaim.
`130. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 130 of the Counterclaim and,
`therefore, denies those allegations.
`131. F&P admits that U.S. Patent No. 8,960,196 (“the ’196 patent”) is
`entitled “Mask System with Interchangeable Headgear Connectors,” and that it
`was issued on February 24, 2015. F&P lacks knowledge or information
`sufficient to form a belief as to whether ResMed Ltd is the owner by assignment
`of all right, title, and interest in and to the ’196 Patent, and, therefore, denies
`that allegation. F&P denies the remaining allegations in Paragraph 131 of the
`Counterclaim.
`132. F&P admits that a copy of the ’196 patent is attached to the
`Counterclaim as Exhibit C. F&P denies the remaining allegations in
`Paragraph 132 of the Counterclaim.
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`133. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 133 of the Counterclaim and,
`therefore, denies those allegations.
`134. F&P admits that U.S. Patent No. 9,027,556 (“the ’556 patent”) is
`entitled “Mask System,” and that it was issued on May 12, 2015. F&P lacks
`knowledge or information sufficient to form a belief as to whether ResMed Ltd
`is the owner by assignment of all right, title, and interest in and to the ’556
`Patent, and, therefore, denies that allegation. F&P denies the remaining
`allegations in Paragraph 134 of the Counterclaim.
`135. F&P admits that a copy of the ’556 patent is attached to the
`Counterclaim as Exhibit D. F&P denies the remaining allegations in
`Paragraph 135 of the Counterclaim.
`136. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 136 of the Counterclaim and,
`therefore, denies those allegations.
`137. F&P admits that U.S. Patent No. 9,119,931 (“the ’931 patent”) is
`entitled “Mask System,” and that it was issued on September 1, 2015. F&P
`lacks knowledge or information sufficient to form a belief as to whether
`ResMed Ltd is the owner by assignment of all right, title, and interest in and to
`the ’931 Patent, and, therefore, denies that allegation. F&P denies the
`remaining allegations in Paragraph 137 of the Counterclaim.
`138. F&P admits that a copy of the ’931 patent is attached to the
`Counterclaim as Exhibit E. F&P denies the remaining allegations in
`Paragraph 138 of the Counterclaim.
`139. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 139 of the Counterclaim and,
`therefore, denies those allegations.
`/ / /
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`Case 3:16-cv-02068-DMS-WVG Document 17 Filed 10/03/16 PageID.1370 Page 15 of 55
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`140. F&P admits that U.S. Patent No. 9,242,062 (“the ’062 patent”) is
`entitled “Breathing Mask and a Sealing Lip Device for a Breathing Mask,” and
`that it was issued on January 26, 2016. F&P lacks knowledge or information
`sufficient to form a belief as to whether ResMed R&D Germany GmbH is the
`owner by assignment of all right, title, and interest in and to the ’062 Patent,
`and, therefore, denies that allegation. F&P denies the remaining allegations in
`Paragraph 140 of the Counterclaim.
`141. F&P admits that a copy of the ’062 patent is attached to the
`Counterclaim as Exhibit F. F&P denies the remaining allegations in
`Paragraph 141 of the Counterclaim.
`142. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 142 of the Counterclaim and,
`therefore, denies those allegations.
`143. F&P admits that U.S. Patent No. 9,381,316 (“the ’316 patent”) is
`entitled “Interchangeable Mask Assembly,” and that it was issued on July 5,
`2016. F&P lacks knowledge or information sufficient to form a belief as to
`whether ResMed Ltd is the owner by assignment of all right, title, and interest in
`and to the ’316 Patent, and, therefore, denies that allegation F&P denies the
`remaining allegations in Paragraph 143 of the Counterclaim.
`144. F&P admits that a copy of the ’316 patent is attached to the
`Counterclaim as Exhibit G. F&P denies the remaining allegations in Paragraph
`144 of the Counterclaim.
`145. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 145 of the Counterclaim and,
`therefore, denies those allegations.
`146. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 146 of the Counterclaim and,
`therefore, denies those allegations.
`
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`147. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 147 of the Counterclaim and,
`therefore, denies those allegations.
`148. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 148 of the Counterclaim and,
`therefore, denies those allegations.
`149. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 149 of the Counterclaim and,
`therefore, denies those allegations.
`150. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 150 of the Counterclaim and,
`therefore, denies those allegations.
`151. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 151 of the Counterclaim and,
`therefore, denies those allegations.
`152. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 152 of the Counterclaim and,
`therefore, denies those allegations.
`153. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 153 of the Counterclaim and,
`therefore, denies those allegations.
`154. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 154 of the Counterclaim and,
`therefore, denies those allegations.
`155. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 155 of the Counterclaim and,
`therefore, denies those allegations.
`/ / /
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`Case 3:16-cv-02068-DMS-WVG Document 17 Filed 10/03/16 PageID.1372 Page 17 of 55
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`156. F&P lacks knowledge or information sufficient to form a belief as
`to the truth of the allegations in Paragraph 156 of the Counterclaim and,
`therefore, denies those allegations.
`157. Fisher & Paykel Healthcare Limited admits that it is in the business
`of manufacturing and packaging a variety of sleep-disordered breathing
`treatment systems and components thereof, including Eson products, Eson 2
`products, and Simplus products. Fisher & Paykel Healthcare, Inc. admits that it
`is in the business of importing, selling, offering to sell, and distributing a variety
`of sleep-disordered breathing treatment systems and components thereof,
`including Eson products and Simplus products. Fisher & Paykel Healthcare,
`Inc. admits that it has been or will be in the business of importing, selling,
`offering to sell, and distributing Eson 2 products. F&P admits the referenced
`