throbber
Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 1 of 13 PageID #: 57
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`PRAGMATUS MOBILE, LLC,
`
`
`
`C.A. No. 13-1762 (LPS)
`
`DEMAND FOR JURY TRIAL
`
`)))))))))))
`
`
`)
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`
`SONY MOBILE COMMUNICATIONS
`(USA), INC.; SONY MOBILE
`COMMUNICATIONS AB and SONY
`CORPORATION,
`
`
`
`
`
`Defendants.
`
`
`
`DEFENDANT SONY MOBILE COMMUNICATIONS (USA) INC.’S
`ANSWER AND COUNTERCLAIMS
`
`Defendant Sony Mobile Communications (USA) Inc. (“Sony Mobile”) hereby
`
`files its Answer, Counterclaims, and Jury Demand to Plaintiff Pragmatus Mobile, LLC’s
`
`(“Plaintiff”) Complaint (“Complaint”) in this action and responds on behalf of itself and no other
`
`party as set forth below. Each paragraph of this Answer corresponds to the same numbered
`
`paragraph in the Complaint, and anything in the Complaint that is not expressly admitted herein
`
`is hereby denied.
`
`PARTIES
`
`1.
`
`Sony Mobile lacks knowledge or information sufficient to form a belief
`
`about the truth of the allegations in this paragraph of the Complaint.
`
`2.
`
`Sony Mobile admits that Sony Corporation is a corporation organized
`
`under the laws of Japan and its principal place of business is 1-7-1 Konan, Minato-ku, Tokyo
`
`108-0075, Japan.
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 2 of 13 PageID #: 58
`
`3.
`
`Sony Mobile admits that Sony Mobile Communications AB is a
`
`corporation organized under the laws of Sweden and its principal place of business is located at
`
`Sölvegatan 51, 223 62 Lund, Sweden (delivery address) and Mobilvägen 4, 221 88 Lund,
`
`Sweden (visiting address), and that Sony Mobile Communications AB is a wholly owned
`
`subsidiary of Sony Corporation.
`
`4.
`
`Sony Mobile admits that it is a Delaware corporation having its principal
`
`place of business at 3333 Piedmont Road, Atlanta, Georgia, and that it is a wholly owned
`
`subsidiary of Sony Mobile Communications AB.
`
`JURISDICTION AND VENUE
`
`5.
`
`Sony Mobile admits that the Complaint purports to initiate an action for
`
`patent infringement arising under Title 35 of the United States Code, but Sony Mobile denies
`
`infringement. Sony Mobile admits that this Court has jurisdiction over the subject matter of the
`
`action under 28 U.S.C. § 1331 and § 1338(a) because it purports to be an action for patent
`
`infringement, but Sony Mobile denies that the asserted patents are valid and denies infringement.
`
`6.
`
`For the purpose of this action and all counterclaims set forth herein, and
`
`without waiving any defense of lack of personal jurisdiction in connection with any other cause
`
`of action or claim, Sony Mobile does not contest whether jurisdiction over it properly lies in this
`
`district but denies that Sony Mobile has committed any act that would give rise to any cause of
`
`action asserted in the Complaint or that it does substantial business in this forum.
`
`7.
`
`For the purpose of this action and any counterclaims set forth herein, and
`
`without waiving any defense of lack of venue or improper venue in connection with any other
`
`cause of action or claim, Sony Mobile does not contest whether venue properly lies in this
`
`2
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 3 of 13 PageID #: 59
`
`district but denies that this venue is more convenient than other venues. Sony Mobile denies that
`
`it has committed any act that would give rise to any cause of action asserted in the Complaint.
`
`THE PATENTS-IN-SUIT
`
`8.
`
`Sony Mobile admits that Exhibit A of the Complaint purports to be a copy
`
`of United States Patent No. 8,149,124 (the “’124 Patent”), and that it bears a title of “Personal
`
`Security And Tracking System,” but denies that it was duly and legally issued. Sony Mobile
`
`lacks knowledge or information sufficient to form a belief about the truth of the remaining
`
`allegations in this paragraph of the Complaint and therefore denies them.
`
`9.
`
`Sony Mobile admits that Exhibit B of the Complaint purports to be a copy
`
`of United States Patent No. 8,466,795 (the “’795 Patent”), and that it bears a title of “Personal
`
`Security And Tracking System,” but denies that it was duly and legally issued. Sony Mobile
`
`lacks knowledge or information sufficient to form a belief about the truth of the remaining
`
`allegations in this paragraph of the Complaint and therefore denies them.
`
`10.
`
`Denied.
`
`Count I - Alleged Infringement Of The ‘124 Patent
`
`11.
`
`Sony Mobile incorporates by reference its answers to the allegations set
`
`forth in Paragraphs 1-10 as if fully set forth herein.
`
`12.
`
`13.
`
`14.
`
`15.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Sony Mobile admits that, by virtue of the service of the Complaint, Sony
`
`Mobile is aware that Plaintiff is claiming infringement by Sony Mobile, but Sony Mobile denies
`
`3
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 4 of 13 PageID #: 60
`
`that there is infringement. Sony Mobile denies the remaining allegations of this paragraph of the
`
`Complaint.
`
`16.
`
`17.
`
`Denied.
`
`Denied.
`
`Count II - Alleged Infringement of the ‘795 Patent
`
`18.
`
`Sony Mobile incorporates by reference its answers to the allegations set
`
`forth in Paragraphs 1-10 as if fully set forth herein.
`
`19.
`
`20.
`
`21.
`
`22.
`
`Denied.
`
`Denied.
`
`Denied.
`
`Sony Mobile admits that, by virtue of the service of the Complaint, Sony
`
`Mobile is aware that Plaintiff is claiming infringement by Sony Mobile, but Sony Mobile denies
`
`that there is infringement. Sony Mobile denies the remaining allegations of this paragraph of the
`
`Complaint.
`
`23.
`
`24.
`
`Denied.
`
`Denied.
`
`Plaintiff’s Prayer For Relief
`
`To the extent a response to Plaintiff’s Prayer for Relief is required; Sony Mobile
`
`denies that Plaintiff is entitled to any of the prayed-for relief. Sony Mobile further states that
`
`Plaintiff has failed to plead any facts to support a declaration by the Court that this case is
`
`exceptional under the terms of 35 U.S.C. § 285 or that the alleged infringement was willful.
`
`4
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 5 of 13 PageID #: 61
`
`DEFENSES
`
`Sony Mobile incorporates by reference the foregoing paragraphs in their entirety
`
`and asserts the following Defenses. By asserting these defenses, Sony Mobile does not admit
`
`that it bears the burden of proof on any issue and does not accept any burden it would not
`
`otherwise bear. Sony Mobile reserves the right to amend this Answer with additional defenses as
`
`further information becomes available.
`
`First Defense
`(No Infringement of the ’124 Patent)
`
`Sony Mobile does not
`
`infringe and has not
`
`infringed, either directly,
`
`contributorily, by inducement, and/or literally any valid and enforceable claim of the ’124 Patent.
`
`Further, the accused devices are staple articles or commodities of commerce suitable for
`
`substantial noninfringing uses, foreclosing liability for contributory infringement.
`
`Second Defense
`(No Infringement of the ’795 Patent)
`
`Sony Mobile does not
`
`infringe and has not
`
`infringed, either directly,
`
`contributorily, by inducement, and/or literally, any valid and enforceable claim of the
`
`’795 Patent. Further, the accused devices are staple articles or commodities of commerce
`
`suitable for substantial noninfringing uses, foreclosing liability for contributory infringement.
`
`Third Defense
`(Invalidity of the ’124 Patent)
`
`Each and every claim of the ’124 Patent is invalid for failing to satisfy the
`
`conditions for patentability set forth in Title 35 of the United States Code, including, without
`
`limitation, the requirements of 35 U.S.C. §§ 101, 102, 103, and 112.
`
`5
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 6 of 13 PageID #: 62
`
`Fourth Defense
`(Invalidity of the ’795 Patent)
`
`Each and every claim of the ’795 Patent is invalid for failing to satisfy the
`
`conditions for patentability set forth in Title 35 of the United States Code, including, without
`
`limitation, the requirements of 35 U.S.C. §§ 101, 102, 103, and 112.
`
`Fifth Defense
`(Failure to State a Claim Upon Which Relief Can be Granted)
`
`One or more of the claims in Plaintiff’s Complaint fails to state a claim upon
`
`which relief can be granted.
`
`Sixth Defense
`(No Immediate or Irreparable Harm)
`
`Plaintiff is not entitled to injunctive relief because any alleged injury to Plaintiff is
`
`not immediate or irreparable and Plaintiff has an adequate remedy at law.
`
`Seventh Defense
`(Equitable Defenses)
`
`Plaintiff’s claims for relief are barred in whole or in part by laches, estoppel,
`
`and/or unclean hands.
`
`Eighth Defense
`(Time Limitations on Damages)
`
`To the extent that Plaintiff makes any claim for recovery for alleged infringement
`
`committed more than six years prior to the filing of the Complaint, such claim is barred under
`
`35 U.S.C. § 286.
`
`6
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 7 of 13 PageID #: 63
`
`Ninth Defense
`(Failure to Mark)
`
`Plaintiff is not entitled to damages for any activities occurring before the filing of
`
`the present suit in the event that it or any of its predecessors-in-interest, and/or of its or their
`
`licensees failed to mark patented articles pursuant to 35 U.S.C. § 287.
`
`Tenth Defense
`(License and/or Exhaustion)
`
`To the extent Plaintiff’s accusations relate to products or services that were
`
`provided by or for any licensee of the patents-in suit and/or provided to Sony Mobile by or
`
`through a licensee of the patents-in-suit or under a covenant not to sue, and/or are otherwise
`
`subject to the doctrine of patent exhaustion, Plaintiff’s claims are barred.
`
`SONY MOBILE’S COUNTERCLAIMS
`
`Defendant/Counterclaim Plaintiff Sony Mobile Communications (USA) Inc.
`
`(“Sony Mobile”), for its counterclaims against Plaintiff/Counterclaim Defendant Pragmatus
`
`Mobile, LLC (“Plaintiff” or “Pragmatus”), states as follows:
`
`Nature of Action
`
`1.
`
`This is a Declaratory Judgment action for a declaration of non-
`
`infringement, invalidity, and unenforceability of U.S. Patent Nos. 8,149,124 (the “‘124 Patent”)
`
`and 8,466,795 (the “‘795 Patent”).
`
`2.
`
`Sony Mobile is a corporation organized under, and existing by virtue of,
`
`the laws of the state of Delaware, with its principal place of business located in Atlanta, Georgia.
`
`3.
`
`Pragmatus claims to be a Virginia company with a principal place of
`
`business at 601 North King Street, Alexandria, Virginia 22314.
`
`7
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 8 of 13 PageID #: 64
`
`Jurisdiction and Venue
`
`4.
`
`On October 28, 2013, Pragmatus filed its Complaint alleging that Sony
`
`Mobile infringes the ’124 and ’795 Patents.
`
`5.
`
`Sony Mobile denies
`
`infringement, and disputes
`
`the validity and
`
`enforceability of one or more claims of each of the ’124 and ’795 Patents
`
`6.
`
`Thus, there is an actual and justiciable controversy between Pragmatus
`
`and Sony Mobile concerning the infringement, validity and enforceability of the ’124 and ’795
`
`Patents.
`
`7.
`
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331
`
`and 1338 as an action arising under the Patent Laws, Title 35 of the United States Code, and also
`
`under 28 U.S.C. §§ 2201 and 2202 as a declaratory judgment action.
`
`8.
`
`This Court has personal jurisdiction over Pragmatus at least for the reason
`
`that Pragmatus subjected itself to the jurisdiction of this Court through the filing of its Complaint
`
`for patent infringement.
`
`9.
`
`To the extent venue over Pragmatus’ claim(s) are proper, venue over these
`
`Counterclaims are proper in this judicial district under 28 U.S.C. §§ 1391(b) and (c).
`
`Counterclaim I
`(Declaration of Non-Infringement of the ’124 Patent)
`
`10.
`
`Sony Mobile hereby realleges and incorporates by reference paragraphs 1
`
`through 9 of its Counterclaims as though fully set forth herein.
`
`11.
`
`The ’124 Patent was issued by the United States Patent and Trademark
`
`Office. Plaintiff claims to own all rights in and to this patent.
`
`8
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 9 of 13 PageID #: 65
`
`12.
`
`Plaintiff has asserted that Sony Mobile infringes the ’124 Patent. Thus, an
`
`actual, justiciable controversy exists between Plaintiff and Sony Mobile concerning the
`
`infringement of this patent.
`
`13.
`
`Sony Mobile is not now infringing and has not infringed any valid claim
`
`of the ’124 Patent literally, directly, contributorily, by way of inducement.
`
`14.
`
`Pursuant to Fed. R. Civ. P. 57 and 28 U.S.C. §§ 2201 et seq., Sony Mobile
`
`is entitled to a declaratory judgment that it does not infringe and has not infringed the ’124
`
`Patent.
`
`Counterclaim II
`(Declaration of Non-Infringement of the ’795 Patent)
`
`15.
`
`Sony Mobile hereby realleges and incorporates by reference paragraphs 1
`
`through 9 of its Counterclaims as though fully set forth herein.
`
`16.
`
`The ’795 Patent was issued by the United States Patent and Trademark
`
`Office. Plaintiff claims to own all rights in and to this patent.
`
`17.
`
`Plaintiff has asserted that Sony Mobile infringes the ’795 Patent. Thus, an
`
`actual, justiciable controversy exists between Plaintiff and Sony Mobile concerning the
`
`infringement of this patent.
`
`18.
`
`Sony Mobile is not now infringing and has not infringed any valid claim
`
`of the ’795 Patent literally, directly, contributorily, by way of inducement.
`
`19.
`
`Pursuant to Fed. R. Civ. P. 57 and 28 U.S.C. §§ 2201 et seq., Sony Mobile
`
`is entitled to a declaratory judgment that it does not infringe and has not infringed the ’795
`
`Patent.
`
`9
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 10 of 13 PageID #: 66
`
`Counterclaim III
`(Declaration of Invalidity of ‘124 Patent)
`
`20.
`
`Sony Mobile hereby realleges and incorporates by reference paragraphs 1
`
`through 9 of the Counterclaims as though fully set forth herein.
`
`21.
`
`Plaintiff has asserted that Sony Mobile infringes the ’124 Patent. Thus, an
`
`actual, justiciable controversy exists between Plaintiff and Sony Mobile concerning the validity
`
`of this patent.
`
`22.
`
`One or more claims of the ’124 Patent that is allegedly infringed by Sony
`
`Mobile is invalid for failure to comply with one or more of the conditions of patentability set
`
`forth in Part II of Title 35 of the United States Code including, for example, Sections 101, 102,
`
`103 and/or 112.
`
`23.
`
`Pursuant to Fed. R. Civ. P. 57 and 28 U.S.C. §§ 2201 et seq., Sony Mobile
`
`is entitled to a declaratory judgment that one or more claims of the ’124 Patent are invalid.
`
`Counterclaim IV
`(Declaration of Invalidity of ’795 Patent)
`
`24.
`
`Sony Mobile hereby realleges and incorporates by reference paragraphs 1
`
`through 9 of the Counterclaims as though fully set forth herein.
`
`25.
`
`Plaintiff has asserted that Sony Mobile infringes the ’795 Patent. Thus, an
`
`actual, justiciable controversy exists between Plaintiff and Sony Mobile concerning the validity
`
`of this patent.
`
`26.
`
`One or more claims of the ’795 Patent that is allegedly infringed by Sony
`
`Mobile is invalid for failure to comply with one or more of the conditions of patentability set
`
`forth in Part II of Title 35 of the United States Code including, for example, Sections 101, 102,
`
`103 and/or 112.
`
`10
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 11 of 13 PageID #: 67
`
`27.
`
`Pursuant to Fed. R. Civ. P. 57 and 28 U.S.C. §§ 2201 et seq., Sony Mobile
`
`is entitled to a declaratory judgment that one or more claims of the ‘795 Patent are invalid.
`
`Exceptional Case
`
`28.
`
`This is an exceptional case entitling Sony Mobile to an award of attorneys’
`
`fees incurred in connection with this action pursuant to 35 U.S.C. § 285.
`
`Demand for Jury Trial
`
`29.
`
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, defendant
`
`and counter-claimant demands a trial by jury of this action.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Sony Mobile respectfully requests a judgment against Plaintiff as
`
`follows:
`
`prejudice;
`
`A.
`
`B.
`
`That Plaintiff take nothing by its Complaint in this action;
`
`Plaintiff’s Complaint in this action be dismissed in its entirety with
`
`C.
`
`That the Court enter a declaratory judgment that Sony Mobile does not
`
`infringe and has never infringed the ‘124 Patent;
`
`D.
`
`That the Court enter a declaratory judgment that the asserted claims of the
`
`‘124 Patent are invalid and void;
`
`E.
`
`That the Court enter a declaratory judgment that Sony Mobile does not
`
`infringe and has never infringed the ‘795 Patent;
`
`F.
`
`That the Court enter a declaratory judgment that the asserted claims of the
`
`‘795 Patent are invalid and void;
`
`11
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 12 of 13 PageID #: 68
`
`G.
`
`That the Court declare this an exceptional case and award Sony Mobile its
`
`costs, expenses, and reasonable attorneys’ fees pursuant to 35 U.S.C. § 285 and all other
`
`applicable statutes, rules, and common law; and
`
`H.
`
`That the Court award Sony Mobile any and all other relief to which it may
`
`be entitled, or which the Court deems just and proper.
`
`
`
`
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Rodger D. Smith II
`
`
`
`
`Rodger D. Smith II (#3778)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`rsmith@mnat.com
`
`Attorneys for Defendant Sony Mobile
`Communications (USA), Inc.
`
`
`
`OF COUNSEL:
`
`James V. Mahon
`ANDREWS KURTH LLP
`4819 Emperor Blvd., Suite 400
`Durham, NC 27703
`(919) 313-4827
`
`John H. McDowell, Jr.
`Ben Setnick
`ANDREWS KURTH LLP
`1717 Main Street, Suite 3700
`Dallas, TX 75201
`(214) 659-4400
`
`November 26, 2013
`7808250.1
`
`12
`
`

`
`Case 1:13-cv-01762-LPS Document 6 Filed 11/26/13 Page 13 of 13 PageID #: 69
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on November 26, 2013, I caused the foregoing to be
`
`electronically filed with the Clerk of the Court using CM/ECF, which will send notification of
`
`such filing to all registered participants.
`
`I further certify that I caused copies of the foregoing document to be served on
`
`November 26, 2013, upon the following in the manner indicated:
`
`Brian E. Farnan, Esquire
`FARNAN LLP
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`Attorneys for Plaintiff
`
`Anthony Grillo, Esquire
`MARINO AND GRILLO
`437 Midland Avenue
`Wayne, PA 19087
`Attorneys for Plaintiff
`
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Rodger S. Smith II
`
`
`
`
`Rodger D. Smith II (#3778)

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket